2015 Louisiana Laws
Revised Statutes
TITLE 39 - Public Finance
RS 39:1590 - Approval of Certain Professional, Personal, and Consulting Services Contracts for Fiscal Year 2015-2016 Through Fiscal Year 2017-2018

SUBPART F. APPROVAL OF CERTAIN PROFESSIONAL,

PERSONAL, AND CONSULTING SERVICES CONTRACTS

FOR FISCAL YEAR 2015-2016 THROUGH FISCAL YEAR 2017-2018

§1590. Approval of certain professional, personal, and consulting services contracts for Fiscal Year 2015-2016 through Fiscal Year 2017-2018

            A. In Fiscal Year 2015-2016 through 2017-2018, the commissioner of administration, in consultation with the state chief procurement officer, shall report each contract for professional, personal, and consulting services with a total dollar amount of forty thousand dollars or more per year that is funded solely with state general fund (direct) or the Overcollections Fund and is for discretionary purposes to the Joint Legislative Committee on the Budget for review and approval prior to the effectiveness of the contract.

            (1) If within thirty days of receipt of the contract, the Joint Legislative Committee on the Budget does not place the contract on its agenda for review and approval, the contract shall be deemed to be approved.

            (2) If within thirty days of receipt of the contract, the contract is placed on the agenda for review, the Joint Legislative Committee on the Budget may take the following action:

            (a) Approve the contract.

            (b) Reject the contract and notify the commissioner of administration that such funds otherwise proposed for this purpose shall be deposited into the Higher Education Financing Fund as provided in R.S. 39:100.146.

            (c) Recommend revisions to the contract. If the Joint Legislative Committee on the Budget recommends revisions to the contract, the contract shall not become effective until it is revised, resubmitted to the Joint Legislative Committee on the Budget, and acted upon again by the committee. If the commissioner of administration, in consultation with the state chief procurement officer, does not resubmit the contract to the Joint Legislative Committee on the Budget within thirty days after the committee recommends revisions to the contract, the contract shall be deemed to be rejected and funds otherwise proposed for this purpose shall be deposited into the Higher Education Financing Fund as provided in R.S. 39:100.146.

            B.(1) The commissioner of administration, in consultation with the state chief procurement officer, shall periodically determine the amount of monies appropriated for professional, personal, and consulting service contracts that are not approved by the Joint Legislative Committee on the Budget and remain unexpended and unencumbered as a result of implementation of this Section. Such determination shall take place on the following dates in fiscal years 2015-2016, 2016-2017, and 2017-2018:

            (a) September thirtieth.

            (b) December thirty-first.

            (c) March thirty-first.

            (d) June thirtieth.

            (2) Following each determination required pursuant to the provisions of this Subsection, the commissioner of administration shall report to the state treasurer the amount of state general fund (direct) and Overcollections Fund monies appropriated for professional, personal, and consulting service contracts that are expected to remain unexpended and unencumbered at the end of the fiscal year as a result of implementation of this Section. These monies shall be available for deposit in and credit to the Higher Education Financing Fund as provided for in R.S. 39:100.146.

            C. Notwithstanding any provision of law to the contrary, this Section shall not apply to the following professional, personal, or consulting service contracts:

            (1) Contracts of the secretary of state necessary to perform any constitutional or statutory function of the office.

            (2) All contracts to implement the programs of the Department of Health and Hospitals funded pursuant to Title XIX, Title XX, and Title XXI of the Social Security Act or funded fully or partially by federal funds.

            (3) Contracts with state or local providers of indigent defender services necessary to perform any constitutional or statutory function.

            (4) Contracts of a district attorney necessary to perform any constitutional, discretionary, or statutory function of the office, or to perform services under the child support enforcement program administered by the Department of Children and Family Services in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations.

            Acts 2015, No. 87, §1, eff. July 1, 2015.

NOTE: See Acts 2015, No. 87, §2, regarding effectiveness.