La. Admin. Code tit. 71 § V-101

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-101 - Rules and Procedures

A. For purposes of a definition, an emergency is an event or occurrence not reasonably anticipated by the legislature, that is one not considered and rejected, in the same relative form or content, by a vote of the legislature or a committee thereof.

B. Requests for programs or projects which may require future continuing state appropriations shall not be acted upon by the board except by request for deficit spending. Should such deficit spending be found impractical or impossible, the board may fund such projects with a favorable vote of six members.

C. Requests for emergency appropriations will be accepted only for funding of state agencies or state sponsored programs. The only exception to this rule shall be those requests from political subdivisions generated as a result of disaster situations (i.e., hurricane, flood, severe freezing, tornado, etc.).

D. Requests for emergency appropriations or deficit spending shall be submitted by the head of a state department or educational management board or by an area state legislator for a disaster situation application in behalf of a political subdivision on the board's official application form. The request shall be made to the board at least 10 working days prior to a scheduled meeting.

E. All educational institutions under the jurisdiction of a management board must submit the approval of that management board with the application.

F. Requests for any priority change in the capital outlay bill or for any certificate of impracticality or impossibility must be accompanied by a recommendation of the commissioner of administration at the time of submission.

G. The agenda of requested items shall be forwarded to each member of the board no later than five days prior to a scheduled meeting. The board, with a majority approval, may add to the published agenda only those items pertaining to a priority change, a certificate of impracticality or impossibility, a fiscal agent approval or any board administrative item. Because of statutory prohibitions, the board shall not suspend its rules to add an appropriation item to its published agenda.

H. The appropriation of funds by the board shall become effective upon receipt by the board, within 60 days after notice to the applicant of legislative approval, of satisfactory evidence of an obligation to expend such funds.

I. A resolution of the board shall be required for a bank to be designated as a fiscal agent for the state of Louisiana.

J. A budget for the operational expenses of the board shall be prepared for review by the board and submitted to the legislature through the normal budgetary process for inclusion in the general appropriations bill.

K. The board may impose such other qualifications, conditions, limitations, or restrictions on any appropriation it deems necessary and proper.

L. A letter shall be transmitted to the state treasurer stating that an appropriation has been made or a deficit has been authorized for a state agency in accordance with the law.

M. Warrants will be drawn only through the Division of Administration.

N. Any item which was favorably recommended by the board and received legislative approval from one house but failed to receive approval from the other house shall not be eligible for reconsideration for reballoting at any future meeting of the board.

La. Admin. Code tit. 71, § V-101

Promulgated by the Department of the Treasury, Interim Emergency Board, LR 11:45 (January 1985), amended LR 12:446 (July 1986).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:461.