HLS 10RS-136 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. 407
BY REPRESENTATIVE PUGH
PUBLIC CONTRACT/BIDS: Prohibits persons convicted of felonies from participating in
the procurement and public bid process
AN ACT1
To enact R.S. 38:2212.8 and R.S. 39:1496.3 and 1594.4, relative to procurement; to prohibit2
certain convicted felons from participating in the procurement and public bid3
process; to require criminal background checks of perspective bidders; and to4
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 bids and procurement by certain convicted felons8
A.(1) Each applicant which submits a public bid or otherwise competes for9
award or procurement shall undergo a criminal background check. At the time of10
submitting the public bid or otherwise competing for award or procurement, the11
applicant shall provide written consent on a form approved by the Louisiana Bureau12
of Criminal Identification and Information authorizing the bureau to release any13
information contained in the applicant's criminal history record and identification14
files to the public entity accepting the bid or contract for verification that the15
applicant has not been convicted of a felony. 16
(2) Applicants shall submit a full set of fingerprints in order for the17
Department of Public Safety and Correctionsto conduct a state and federal criminal18
history record check, which shall include a check of National Criminal History19 HLS 10RS-136 ORIGINAL
HB NO. 407
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are additions.
Records from the Federal Bureau of Investigations Criminal Justice Information1
Services Division.2
(3) The applicant shall be responsible for the payment of fees of the bureau3
associated with the state and federal criminal history check in the amount required4
by R.S. 15:587.5
(4) The Louisiana Bureau of Criminal Identification and Information shall6
maintain a record of each criminal background check for no less than twelve months7
and shall provide the results of the criminal background check to any public entity8
accepting a bid or contract from the applicant within the twelve-month period.9
B. If the applicant is a sole proprietor, partnership, corporation, or limited10
liability company, each individual partner, incorporator, director, officer, manager,11
or member shall be required to comply with the criminal history verification.12
C. A public entity shall reject any applicant in which any individual partner,13
incorporator, director, officer, manager, member, or individual who owns directly14
or indirectly a beneficial interest in the business has been convicted of a felony or15
entered a plea of guilty or nolo contendere to a felony charge and the time from the16
completion date of the sentence, probation, parole, or suspension of sentence17
imposed for the violation of the felony crime to the date of the submission by the18
applicant of a public bid, award, or procurement is less than ten years.19
Section 2. R.S. 39:1496.3 and 1594.4 are hereby enacted to read as follows:20
§1496.3. Prohibition of bids and procurement by certain convicted felons21
A.(1) Each applicant which submits a public bid or otherwise competes for22
award or procurement shall undergo a criminal background check. At the time of23
submitting the public bid or otherwise competing for award or procurement, the24
applicant shall provide written consent on a form approved by the Louisiana Bureau25
of Criminal Identification and Information authorizing the bureau to release any26
information contained in the applicant's criminal history record and identification27
files to the public entity accepting the bid or contract for verification that the28
applicant has not been convicted of a felony.29 HLS 10RS-136 ORIGINAL
HB NO. 407
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are additions.
(2) Applicants shall submit a full set of fingerprints in order for the1
Department of Public Safety and Corrections to conduct a state and federal criminal2
history record check, which shall include a check of National Criminal History3
Records from the Federal Bureau of Investigation Criminal Justice Information4
Services Division.5
(3) The applicant shall be responsible for the payment of fees of the bureau6
associated with the state and federal criminal history check in the amount required7
by R.S. 15:587.8
(4) The Louisiana Bureau of Criminal Identification and Information shall9
maintain a record of each criminal background check for no less than twelve months10
and shall provide the results of the criminal background check to any public entity11
accepting a bid or contract from the applicant within the twelve-month period.12
B. If the applicant is a sole proprietor, partnership, corporation, or limited13
liability company, each individual partner, incorporator, director, officer, manager,14
or member shall be required to comply with the criminal history verification.15
C. A public entity shall reject any applicant in which any individual partner,16
incorporator, director, officer, manager, member, or individual who owns directly17
or indirectly a beneficial interest in the business has been convicted of a felony or18
entered a plea of guilty or nolo contendere to a felony charge and the time from the19
completion date of the sentence, probation, parole, or suspension of sentence20
imposed for the violation of the felony crime to the date of the submission by the21
applicant of a public bid, award, or procurement is less than ten years.22
* * *23
§1594.4. Prohibition of bids and procurement by certain convicted felons24
A.(1) Each applicant which submits a public bid or otherwise competes for25
award or procurement shall undergo a criminal background check. At the time of26
submitting the public bid or otherwise competing for award or procurement, the27
applicant shall provide written consent on a form approved by the Louisiana Bureau28
of Criminal Identification and Information authorizing the bureau to release any29 HLS 10RS-136 ORIGINAL
HB NO. 407
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are additions.
information contained in the applicant's criminal history record and identification1
files to the public entity accepting the bid or contract for verification that the2
applicant has not been convicted of a felony.3
(2) Applicants shall submit a full set of fingerprints in order for the4
Department of Public Safety and Corrections to conduct a state and federal criminal5
history record check, which shall include a check of National Criminal History6
Records from the Federal Bureau of Investigation Criminal Justice Information7
Services Division.8
(3) The applicant shall be responsible for the payment of fees of the bureau9
associated with the state and federal criminal history check in the amount required10
by R.S. 15:587.11
(4) The Louisiana Bureau of Criminal Identification and Information shall12
maintain a record of each criminal background check for no less than twelve months13
and shall provide the results of the criminal background check to any public entity14
accepting a bid or contract from the applicant within the twelve-month period.15
B. If the applicant is a sole proprietor, partnership, corporation, or limited16
liability company, each individual partner, incorporator, director, officer, manager,17
or member shall be required to comply with the criminal history verification.18
C. A public entity shall reject any applicant in which any individual partner,19
incorporator, director, officer, manager, member, or individual who owns directly20
or indirectly a beneficial interest in the business has been convicted of a felony or21
entered a plea of guilty or nolo contendere to a felony charge and the time from the22
completion date of the sentence, probation, parole, or suspension of sentence23
imposed for the violation of the felony crime to the date of the submission by the24
applicant of a public bid, award, or procurement is less than ten years.25 HLS 10RS-136 ORIGINAL
HB NO. 407
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are additions.
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)]
Pugh HB No. 407
Abstract: Prohibits convicted felons from participating in the procurement and public bid
process within 10 years of completion of the sentence, probation, parole, or
suspension of sentence.
Proposed law gives authority for the state to conduct a criminal background check on those
submitting a bid or contract for procurement to a public entity. If the applicant is a sole
proprietor, partnership, corporation, or limited liability company, each partner, incorporator,
director, officer, manager, or member must undergo criminal history verification.
Proposed law provides for the submission of a full set of fingerprints in order for the Dept.
of Public Safety and Corrections to conduct a state and federal criminal history record check
and provides that the applicant is responsible for the payment of fees associated with the
criminal history check.
Proposed law prohibits a public entity from accepting a bid or contract if the applicant has
been convicted of a felony or entered a plea of guilty or nolo contendere to a felony charge,
and the time from the completion date of the sentence, probation, parole, or suspension of
sentence imposed for the violation of the felony crime, to the date of the submission by the
applicant of a public bid, award, or procurement, is less than 10 years.
(Adds R.S. 38:2212.8 and R.S. 39:1496.3 and 1594.4)