Louisiana Revised Statutes 39:72.1 – Compliance with audit requirements
Terms Used In Louisiana Revised Statutes 39:72.1
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
- Contract: A legal written agreement that becomes binding when signed.
- Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
- Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
- Quality: means degree or grade of excellence. See Louisiana Revised Statutes 39:2
A.(1) Notwithstanding any contrary provision of law, no funds appropriated directly or indirectly in the general appropriations act, the capital outlay act, or other appropriation act, or awarded from the Louisiana Department of Health Drinking Water Revolving Loan Fund, the Department of Environmental Quality Clean Water State Revolving Fund, or from the office of community development programs for Community Development Block Grants, local government assistance program, disaster recovery grants, the Community Water Enrichment and Other Improvements Fund, or similar programs, shall be released or provided to any recipient of an appropriation if, when, and for as long as, the recipient fails or refuses to comply with the provisions of La. Rev. Stat. 24:513.
(2) No public entity that has failed or refused to comply with the provisions of La. Rev. Stat. 24:513 shall let any contract, including a public contract, that utilizes any state funds, whether received through direct appropriation, through transfer or grant from another public entity, or whose funding relies upon the full faith and credit of the state. For the purposes of this Paragraph, the terms “public entity” and “public contract” shall be defined as in La. Rev. Stat. 38:2211(A), and the term “state funds” shall also include any federal funds, including grants, that pass through the state. For the purposes of this Section, the term “public entity” shall include a local auditee as defined in La. Rev. Stat. 24:513.
B. No recipient shall be considered to fail or refuse to comply with the provisions of La. Rev. Stat. 24:513 pursuant to this Section during any extension of time granted by the legislative auditor or the Legislative Audit Advisory Council to the recipient to comply as provided in Subsection C of this Section.
C. Notwithstanding any contrary provision of law, the legislative auditor may grant a recipient, for good cause shown, an extension of time to comply and the Legislative Audit Advisory Council may grant an additional extension with the recommendation of the legislative auditor.
D. Notwithstanding any provision of law to the contrary, if the public entity is in compliance with La. Rev. Stat. 24:513 when it enters into a public contract related to public health, welfare, or safety, and later becomes noncompliant with the provisions of La. Rev. Stat. 24:513, the legislative auditor may grant the public entity an extension of time under La. Rev. Stat. 24:513 in order that the public entity may receive appropriated or awarded state funds and shall tender outstanding payments to contractors, subcontractors, suppliers, and others due payment by the public entity related solely to contracts that will inure to the benefit of public health, welfare, or safety. The public entity shall abide by any conditions imposed by the legislative auditor to monitor the proper payment of funds due to contractors, subcontractors, suppliers, and others.
Acts 2008, No. 771, §1; Acts 2017, No. 399, §2; Acts 2020, No. 219, §1, eff. July 1, 2020.