HLS 10RS-289 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 200
BY REPRESENTATIVES CONNICK, GISCLAIR, LABRUZZO, LIGI, LOPINTO,
LORUSSO, AND TALBOT AND SENATOR QUINN
PUBLIC CONTRACT/BIDS: Provides limitations on persons convicted of felonies from
participating in governmental contracts
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 prohibit3
convicted felons from participating in the contract and procurement process; to allow4
for verification of criminal history; 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. Prohibition of awards or procurement with a business in which any partner8
is a convicted felon9
A.(1) A public entity shall not accept any bid or enter into any contract or10
cooperative endeavor agreement or any other transaction for the procurement of11
goods or services with any person, individually, or any partner, incorporator,12
director, officer, manager, or member who owns or has owned, either directly or13
indirectly, an economic interest in a business, and who has been convicted of a14
felony or entered a plea of guilty or nolo contendere to a felony charge.15
(2) A public entity shall require that any submission of a bid shall include16
verification that no current or past partner, incorporator, director, officer, manager,17
or member of a business included in the submission of the bid has been convicted of18
a felony or entered a plea of guilty or nolo contendere to a felony charge.19 HLS 10RS-289 ORIGINAL
HB NO. 200
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are additions.
(3) A public entity shall require that each contract or cooperative endeavor1
agreement or any other agreement for the procurement of goods or services shall2
contain a clause attesting that:3
(a) No current or past partner, incorporator, director, officer, manager, or4
member of the business entering into the contract or agreement with the public entity5
has been convicted of a felony or entered a plea of guilty or nolo contendere to a6
felony charge.7
(b) No current or past partner, incorporator, director, officer, manager, or8
member of a business with which the contractor will subcontract work has been9
convicted of a felony or entered a plea of guilty or nolo contendere to a felony10
charge.11
(4) If a contract is awarded through the bid process and later disqualified as12
a result of the provisions of this Section, the public entity shall award the contract13
to the next lowest responsible bidder or issue another request for bids.14
(5) Any verification or information required as a result of this Section shall15
be in a form and manner prescribed by the public entity accepting a bid or entering16
into any contract or cooperative endeavor agreement or any other agreement for the17
procurement of goods or services. 18
Section 2. Chapter 24 of Title 39 of the Louisiana Revised Statutes of 1950,19
comprised of R.S. 39:2181 and 2182, is hereby enacted to read as follows:20
CHAPTER 24. PROHIBITIONS IN PUBLIC GOVERNMENTAL CONTRACTS AND21
PROCUREMENT22
§2181. Applicability; definitions23
A. This Chapter shall apply to any contract or cooperative endeavor24
agreement that results from any bid or other award governed under Chapter 16 and25
Chapter 17 of this Title.26
B. For the purpose of this Chapter, "public entity" shall mean any agency,27
board, commission, department, or public corporation of the state, created by the28
constitution or statute or pursuant thereto, or any political subdivision of the state,29 HLS 10RS-289 ORIGINAL
HB NO. 200
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are additions.
including but not limited to any political subdivision as defined by Article VI,1
Section 44 of the Constitution of Louisiana, and any public housing authority, public2
school board, or any public officer whether or not an officer of a public corporation3
or political subdivision.4
§2182. Prohibition of awards or procurement with a business in which any partner5
is a convicted felon6
A.(1) A public entity shall not accept any bid or enter into any contract or7
cooperative endeavor agreement or any other transaction for the procurement of8
goods or services with any person, individually, or any partner, incorporator,9
director, officer, manager, or member who owns or has owned, either directly or10
indirectly, an economic interest in a business, and who has been convicted of a11
felony or entered a plea of guilty or nolo contendere to a felony charge.12
(2) A public entity shall require that any submission of a bid shall include13
verification that no current or past partner, incorporator, director, officer, manager,14
or member of a business included in the submission of the bid has been convicted of15
a felony or entered a plea of guilty or nolo contendere to a felony charge.16
(3) A public entity shall require that each contract or cooperative endeavor17
agreement or any other agreement for the procurement of goods or services shall18
contain a clause attesting that:19
(a) No current or past partner, incorporator, director, officer, manager, or20
member of the business entering into the contract or agreement with the public entity21
has been convicted of a felony or entered a plea of guilty or nolo contendere to a22
felony charge.23
(b) No current or past partner, incorporator, director, officer, manager, or24
member of a business with which the contractor will subcontract work has been25
convicted of a felony or entered a plea of guilty or nolo contendere to a felony26
charge.27 HLS 10RS-289 ORIGINAL
HB NO. 200
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are additions.
(4) If a contract is awarded through the bid process and later disqualified as1
a result of the provisions of this Section, the public entity shall award the contract2
to the next lowest responsible bidder or issue another request for bids.3
(5) Any verification or information required as a result of this Section shall4
be in a form and manner prescribed by the public entity accepting a bid or entering5
into any contract or cooperative endeavor agreement or any other agreement for the6
procurement of goods or services.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Connick HB No. 200
Abstract: Provides that a public entity shall not enter any agreement with any individual,
or any partner, incorporator, director, officer, manager, or member of a partnership,
corporation, or limited liability company who has been convicted of a felony or
entered a plea of guilty or nolo contendere to a felony charge.
Proposed law provides that a public entity shall require that any submission of a bid shall
include verification that no current or past partner, incorporator, director, officer, manager,
or member which owns directly or indirectly an economic interest in a business, who has
been convicted of a felony or entered a plea of guilty or nolo contendere to a felony charge.
Proposed law provides that any contract or cooperative endeavor agreement or any other
procurement of goods or services shall contain a clause attesting that no current or past
partner, incorporator, director, officer, manager, or member of the business entering into the
contract or agreement with the public entity, or any business with which the contractor may
subcontract work, has been convicted of a felony or entered a plea of guilty or nolo
contendere to a felony charge.
Proposed law provides that if a contract is awarded through the bid process and later
disqualified as a result of proposed law, the public entity shall award the contract to the next
lowest responsible bidder or issue another request for bids.
Proposed law provides that any verification or information required as a result of proposed
law shall be in a form and manner prescribed by the public entity.
Proposed law defines "public entity" as any agency, board, commission, department, or
public corporation of the state, created by the constitution or statute or pursuant thereto, or
any political subdivision of the state, including but not limited to any political subdivision
as defined in Art. VI, §44 of the Const. of La., and any public housing authority, public
school board, or any public officer whether or not an officer of a public corporation or
political subdivision.
(Adds R.S. 38:2212.8 and R.S. 39:2181-2182)