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Regular Session, 2010
HOUSE BILL NO. 1490 (Substitute for House Bill No. 200 by Representative Connick)
BY REPRESENTATIVES CONNICK, GISCLAIR, HINES, LABRUZZO, LEGER, LIGI,
LOPINTO, LORUSSO, AND TALBOT AND SENATOR QUINN
AN ACT1
To enact R.S. 38:2212.8 and Chapter 24 of Title 39 of the Louisiana Revised Statutes of2
1950, to be comprised of R.S. 39:2181 and 2182, relative to procurement; to allow3
for the prohibition of certain convicted felons from participating in the contract and4
procurement process; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:2212.8 is hereby enacted to read as follows: 7
§2212.8. Right to prohibit awards or procurement with individuals convicted of8
certain felony crimes9
A. In awarding contracts, any public entity is authorized to reject the lowest10
bid from, or not award the contract to, a business in which any individual with an11
ownership interest of five percent or more has been convicted of, or has entered a12
plea of guilty or nolo contendere to any state felony crime or equivalent federal13
felony crime committed in the solicitation or execution of a contract or bid awarded14
under the laws governing public contracts under the provisions of Chapter 10 of this15
Title, professional, personal, consulting, and social services procurement under the16
provisions of Chapter 16 of Title 39 of the Louisiana Revised Statutes of 1950, or the17
Louisiana Procurement Code under the provisions of Chapter 17 of Title 39 of the18
Louisiana Revised Statutes of 1950.19
B. Nothing in this Section shall impose a duty, responsibility, or requirement20
on a public entity to perform criminal background checks on contractors, vendors,21
or subcontractors. It shall be the responsibility of any person, company, or entity22
making an allegation of prior convictions on the part of any individual with an23 ENROLLEDHB NO. 1490
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ownership interest of five percent or more in any bidder to present prima facie1
evidence to the public entity supporting their claim.2
C. If evidence is submitted substantiating that any individual with an3
ownership interest of five percent or more in the lowest bidder has been convicted4
of, or has entered a plea of guilty or nolo contendere to any state felony crime or5
equivalent federal felony crime committed in the solicitation or execution of a6
contract or bid awarded under the laws listed in Subsection A of this Section and the7
public entity rejects the lowest bid, the company whose bid is rejected shall be8
responsible to the public entity for the costs of rebidding, the increased costs of9
awarding to the second low bidder, or forfeiture of the bid bond, whichever is higher.10
Section 2. Chapter 24 of Title 39 of the Louisiana Revised Statutes of 1950,11
comprised of R.S. 39:2181 and 2182, is hereby enacted to read as follows:12
CHAPTER 24. PROHIBITIONS IN PUBLIC GOVERNMENTAL CONTRACTS AND13
PROCUREMENT14
§2181. Applicability; definitions15
A. This Chapter shall apply to any contract or cooperative endeavor16
agreement that results from any bid or other award governed under Chapter 16 and17
Chapter 17 of this Title.18
B. For the purpose of this Chapter, "public entity" shall mean any agency,19
board, commission, department, or public corporation of the state, created by the20
constitution or statute or pursuant thereto, or any political subdivision of the state,21
including but not limited to any political subdivision as defined by Article VI,22
Section 44 of the Constitution of Louisiana, and any public housing authority, public23
school board, or any public officer whether or not an officer of a public corporation24
or political subdivision.25
§2182. Right to prohibit awards or procurement with individuals convicted of certain26
felony crimes27
A. In awarding contracts, any public entity is authorized to reject the lowest28
bid from, or not award the contract to, a business in which any individual with an29
ownership interest of five percent or more has been convicted of, or has entered a30 ENROLLEDHB NO. 1490
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plea of guilty or nolo contendere to any state felony crime or equivalent federal1
felony crime committed in the solicitation or execution of a contract or bid awarded2
under the laws governing public contracts under the provisions of Chapter 10 of Title3
38 of the Louisiana Revised Statutes of 1950, professional, personal, consulting, and4
social services procurement under the provisions of Chapter 16 of this Title, or the5
Louisiana Procurement Code under the provisions of Chapter 17 of this Title.6
B. Nothing in this Section shall impose a duty, responsibility, or requirement7
on a public entity to perform criminal background checks on contractors, vendors,8
or subcontractors. It shall be the responsibility of any person, company, or entity9
making an allegation of prior convictions on the part of any individual with an10
ownership interest of five percent or more in any bidder to present prima facie11
evidence to the public entity supporting their claim.12
C. If evidence is submitted substantiating that any individual with an13
ownership interest of five percent or more in the lowest bidder has been convicted14
of, or has entered a plea of guilty or nolo contendere to any state felony crime or15
equivalent federal felony crime committed in the solicitation or execution of a16
contract or bid awarded under the laws listed in Subsection A of this Section and the17
public entity rejects the lowest bid, the company whose bid is rejected shall be18
responsible to the public entity for the costs of rebidding, the increased costs of19
awarding to the second low bidder, or forfeiture of the bid bond, whichever is higher.20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: