2011 Louisiana Laws
Revised Statutes
TITLE 39 — Public finance
RS 39:461.4 — Capital budget bond projects; priority changes; legislative consent; procedure

§461.4. Capital budget bond projects; priority changes; legislative consent; procedure

A. Whenever the interim emergency board determines that a project to be funded by the sale of state general obligation bonds should be designated as a lower or higher priority than the priority originally set in the comprehensive capital budget adopted by the legislature for the current fiscal year, or that an adjustment to a project description in such capital budget funded from any source is required in the manner provided for in R.S. 39:461.9, such change in priority or adjustment shall only become effective upon the approval by majority vote of the elected members of each house of the legislature.

B.(1) In order to obtain the consent of a majority of the elected members of each house of the legislature, the interim emergency board shall prepare and transmit a ballot to each member of the legislature by certified mail with return receipt requested unless it is determined that the legislature will be in session in time for the ballots to be distributed to them and returned by them during the session.

(2)(a) The ballot shall be uniform and shall state all of the following:

(i) The nature of the project.

(ii) The factual basis for the board's decision.

(iii) The amount appropriated for the project.

(iv) The proposed priority revision or the proposed adjustment of the description of the project, along with a copy of the written request for the adjustment as provided in R.S. 39:461.9(C).

(v) The date and time on which the ballot can be returned to the board in order to be valid.

(vi) Such other pertinent information as the board shall determine.

(b) If more than one item is to be voted on, the ballot shall set forth each item in such form as to enable each member to cast his vote separately for or against each item. Each ballot also shall contain the name of the member to whom it is to be mailed, and the member shall sign the ballot after casting his vote.

C.(1) The ballots mailed to all members shall be postmarked on the same day and shall be returned to the board within fifteen days after the postmarked date. When such ballots are delivered to the members of the legislature while in session, they shall be returned to the board within five days of the date which the board secretary certifies as the date that the ballots were delivered to members then present to which delivery was possible. No ballot received by the board after 5:00 p.m. on the fifth day after the date on which the ballots were delivered to the members of the legislature in session or after 5:00 p.m. on the fifteenth day after the date on which the ballots were mailed shall be valid or counted, but the day and time received shall be marked on each ballot received after such time and the ballot shall be marked "Invalid". However, prior to 5:00 p.m. on the fifth day when delivered to the members of the legislature while in session or prior to 5:00 p.m. on the fifteenth day after the postmarked date if mailed to the members of the legislature, a member may withdraw his ballot or change his vote upon his written request.

(2) For the purposes of this Chapter, an electronically transmitted ballot shall be sealed immediately upon receipt and its contents not disclosed until the day when all ballots are opened and tabulated.

D.(1) On the seventeenth day after the date on which the ballots were mailed, or the seventh day after the ballots were delivered to the members of the legislature in session, as provided herein, the board secretary shall open and tabulate the vote in roll call order for each house of the legislature. The board secretary shall hold such ballots unopened and shall not disclose the contents to any person until the day when such ballots are opened and tabulated. No ballot shall be deemed spoiled if inadvertently opened in processing or if received and sealed pursuant to Paragraph (C)(2) of this Section. The board secretary is authorized to open any ballot prior to the date for opening and tabulating such ballot for the limited purpose of permitting identification of any ballot which a member requests to withdraw or change. The board secretary shall immediately reseal any ballot inadvertently opened or opened for identification purposes and shall not reveal any information contained thereon until the date when such ballots are opened and counted.

(2) The tabulations shall indicate by name those members who voted in favor of each item, those who voted against each item, those who did not vote on one or more items, those who did not return the ballot by the due date and time, and those whose ballots were invalid because not signed by the member. The board secretary shall sign the tabulation sheet or sheets and cause a summary thereof to be transmitted to the State Bond Commission, which may then proceed with the sale of general obligation bonds for each change approved.

E. The interim emergency board shall report the tabulation of the results of each balloting at its next meeting, and the tabulation compiled and the report thereof shall become a part of the official minutes of that meeting. All ballots and communications on such ballot items received from members of the legislature by the board secretary, whether or not timely received, shall become a part of the official files of the board.

Acts 1974, Ex.Sess., No. 10, §1, eff. Jan. 1, 1975. Amended by Acts 1982, No. 502, §3; Acts 1990, No. 746, §1, eff. July 24, 1990; Acts 2001, No. 766, §1, eff. July 1, 2001; Acts 2001, No. 1032, §13.