HLS 10RS-1367 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. 718
BY REPRESENTATIVE HINES
PUBLIC CONTRACT/BIDS: Disqualifies bidders convicted of certain crimes
AN ACT1
To enact R.S. 38:2227, relative to bidders for public contracts; to disqualify bidders who2
have been convicted of certain crimes; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 38:2227 is hereby enacted to read as follows:5
ยง2227. Exclusion of certain contractors from bidding6
A. A bidder shall be deemed to not be a "responsible bidder" and shall be7
disqualified pursuant to R.S. 38:2212(J), if such bidder has been convicted of, or has8
entered a plea of guilty or nolo contendere to any of the following state crimes or9
equivalent federal crimes:10
(1) Theft (R.S. 14:67).11
(2) Identity Theft (R.S. 14:67.16).12
(3) Theft of a business record (R.S. 14:67.20).13
(4) False accounting (R.S. 14:70).14
(5) Issuing worthless checks (R.S. 14:71).15
(6) Bank fraud (R.S. 14:71.1).16
(7) Forgery (R.S. 14:72).17
(8) Public bribery (R.S. 14:118).18
(9) Corrupt influencing (R.S. 14:120).19
(10) Contractors; misapplication of payments (R.S. 14:202).20
(11) Home improvement fraud (R.S. 14:202.1).21
(12) Money laundering (R.S. 14:230).22 HLS 10RS-1367 ORIGINAL
HB NO. 718
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. In addition, if the entity submitting the bid is a partnership, corporation,1
association, limited liability company, or other legal entity and any individual2
partner, incorporator, director, organizer, or member of such entity has been3
convicted of, or has entered a plea of guilty or nolo contendere to any of the crimes4
or equivalent federal crimes listed in Subsection A of this Section, the bidder shall5
be deemed to not be a "responsible bidder".6
C. The public entity shall require each bidder, to include with all other7
bidding documents, all evidence that he, if a sole proprietor, or any individual8
partner, incorporator, director, organizer, or member of the bidding entity has been9
convicted of, or has entered a plea of guilty or nolo contendere to any of the crimes10
or equivalent federal crimes listed in Subsection A of this Section.11
D. Bidders shall be given the same opportunity for notice of and reasons for12
disqualification and hearing as provided for in R.S. 38:2212(J).13
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)]
Hines HB No. 718
Abstract: Disqualifies contractors who have been convicted of certain crimes.
Proposed law provides that a contractor shall be considered to not be a "responsible bidder"
and disqualified if he has been convicted of certain state crimes or equivalent federal crimes.
The crimes are as follows: theft; identity theft; theft of a business record; false accounting;
issuing worthless checks; bank fraud; forgery; public bribery; corrupt influencing;
contractors; misapplication of payments; home improvement fraud; money laundering.
Proposed law provides that if any individual partner, incorporator, director, organizer, or
member of a bidding entity has been convicted or has plead to the same crimes, the bidding
entity shall be disqualified.
Proposed law requires bidders, to include with all bidding documents, all evidence that he,
if a sole proprietor, or any individual partner, incorporator, director, organizer, or member
of the bidding entity has been convicted of, or has entered a plea of guilty or nolo contendere
to such crimes.
Proposed law provides notice and reasons for disqualification and hearing as provided in the
present law.
(Adds R.S. 38:2227)