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Regular Session, 2010
SENATE BILL NO. 612
BY SENATOR DORSEY
WORKFORCE DEVELOPMENT. Provides regulations and procedures for any public or
private entity which receives federal funds from the state. (8/15/10)
AN ACT1
To enact R.S. 38:2226.1 and R.S. 39:1502.2 and 1554.2, relative to procurement; to require2
compliance with state and federal regulations under certain circumstances; to provide3
for alternate plans for compliance; to provide for reporting; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:2226.1 is hereby enacted to read as follows: 7
§2226.1. Requirement of compliance with state and federal regulations8
A. Prior to the award of any funds as the result of a valid appropriation9
or contract, the contractor receiving the funds shall submit a plan to the public10
entity with a plan to comply with all state and federal regulations required of11
the funds the contractor is receiving.12
B. Once the plan has been submitted, funds authorized as a result of the13
contract may be released. If the contractor submits a plan indicating that the14
contractor is not able to comply with all state and federal regulations as15
required, the funds shall not be authorized for release.16
C.(1) A contractor who is unable to comply with state and federal17 SB NO. 612
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words in boldface type and underscored are additions.
regulations may submit an alternate plan describing how they will complete the1
terms of the contract without compliance of state and federal regulations.2
(2) Within seventy-two hours of receipt of the alternate plan, the public3
entity receiving the plan shall transmit a copy to the clerk of the House of4
Representatives and the secretary of the Senate for distribution to each member5
of the legislature.6
(3) If, within seven days of receipt of the plan from the clerk of the House7
of Representatives or the secretary of the Senate, any member of the legislature8
contests the award of the contract to the entity, the Joint Legislative Committee9
on the Budget shall call a meeting to discuss the contract and alternate plan. If10
the committee approves the plan, the funds authorized as a result of the11
contract shall be released.12
(4) If, within seven days of receipt of the plan from the clerk of the House13
of Representatives or the secretary of the Senate, no member raises an14
objection, the funds may be authorized for release pursuant to the alternate15
plan.16
D. If a contractor has previously submitted a plan to comply with all17
state and federal regulations required of the funds, and has been awarded the18
funds, but then determines they are no longer able to comply with the necessary19
regulations, the contractor shall submit an alternate plan as provided for in20
Subsection C of this Section.21
E. After the completion of the terms of each contract, the contractor22
shall submit documentation to the public entity with which they held the23
contract attesting the contractor was in compliance with applicable state and24
federal regulations for the duration of the contract.25
F. Each public entity shall submit no later than February first of each26
year, to the clerk of the House of Representatives and secretary of the Senate27
for distribution to all members of the legislature, a report on all contracts and28
each contractors compliance with state and federal regulations.29 SB NO. 612
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Section 2. R.S. 39:1502.2 and 1554.2 are hereby enacted to read as follows:1
§1502.2. Requirement of compliance with state and federal regulations2
A. Prior to the award of any funds as the result of a valid appropriation3
or contract, the contractor receiving the funds shall submit a plan to the public4
entity with a plan to comply with all state and federal regulations required of5
the funds the contractor is receiving.6
B. Once the plan has been submitted, funds authorized as a result of the7
contract may be released. If the contractor submits a plan indicating that the8
contractor is not able to comply with all state and federal regulations as9
required, the funds shall not be authorized for release.10
C.(1) A contractor who is unable to comply with state and federal11
regulations may submit an alternate plan describing how they will complete the12
terms of the contract without compliance of state and federal regulations.13
(2) Within seventy-two hours of receipt of the alternate plan, the public14
entity receiving the plan shall transmit a copy to the clerk of the House of15
Representatives and the secretary of the Senate for distribution to each member16
of the legislature.17
(3) If, within seven days of receipt of the plan from the clerk of the House18
of Representatives or the secretary of the Senate, any member of the legislature19
contests the award of the contract to the entity, the Joint Legislative Committee20
on the Budget shall call a meeting to discuss the contract and alternate plan. If21
the committee approves the plan, the funds authorized as a result of the22
contract shall be released.23
(4) If, within seven days of receipt of the plan from the clerk of the House24
of Representatives or the secretary of the Senate, no member raises an25
objection, the funds may be authorized for release pursuant to the alternate26
plan.27
D. If a contractor has previously submitted a plan to comply with all28
state and federal regulations required of the funds, and has been awarded the29 SB NO. 612
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funds, but then determines they are no longer able to comply with the necessary1
regulations, the contractor shall submit an alternate plan as provided for in2
Subsection C of this Section.3
E. After the completion of the terms of each contract, the contractor4
must submit documentation to the public entity with which they held the5
contract attesting the contractor was in compliance with applicable state and6
federal regulations for the duration of the contract.7
F. Each public entity shall submit no later than February first of each8
year, to the clerk of the House of Representatives and secretary of the Senate9
for distribution to all members of the legislature, a report on all contracts and10
each contractors compliance with state and federal regulations.11
* * *12
§1554.2. Requirement of compliance with state and federal regulations13
A. Prior to the award of any funds as the result of a valid appropriation14
or contract, the contractor receiving the funds shall submit a plan to the public15
entity with a plan to comply with all state and federal regulations required of16
the funds the contractor is receiving.17
B. Once the plan has been submitted, funds authorized as a result of the18
contract may be released. If the contractor submits a plan indicating that the19
contractor is not able to comply with all state and federal regulations as20
required, the funds shall not be authorized for release.21
C.(1) A contractor who is unable to comply with state and federal22
regulations may submit an alternate plan describing how they will complete the23
terms of the contract without compliance of state and federal regulations.24
(2) Within seventy-two hours of receipt of the alternate plan, the public25
entity receiving the plan shall transmit a copy to the clerk of the House of26
Representatives and the secretary of the Senate for distribution to each member27
of the legislature.28
(3) If, within seven days of receipt of the plan from the clerk of the House29 SB NO. 612
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words in boldface type and underscored are additions.
of Representatives or the secretary of the Senate, any member of the legislature1
contests the award of the contract to the entity, the Joint Legislative Committee2
on the Budget shall call a meeting to discuss the contract and alternate plan. If3
the committee approves the plan, the funds authorized as a result of the4
contract shall be released.5
(4) If, within seven days of receipt of the plan from the clerk of the House6
of Representatives or the secretary of the Senate, no member raises an7
objection, the funds may be authorized for release pursuant to the alternate8
plan.9
D. If a contractor has previously submitted a plan to comply with all10
state and federal regulations required of the funds, and has been awarded the11
funds, but then determines they are no longer able to comply with the necessary12
regulations, the contractor shall submit an alternate plan as provided for in13
Subsection C of this Section.14
E. After the completion of the terms of each contract, the contractor15
must submit documentation to the public entity with which they held the16
contract attesting the contractor was in compliance with applicable state and17
federal regulations for the duration of the contract.18
F. Each public entity shall submit no later than February first of each19
year, to the clerk of the House of Representatives and secretary of the Senate20
for distribution to all members of the legislature, a report on all contracts and21
each contractors compliance with state and federal regulations.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tom Wade.
DIGEST
Proposed law provides that prior to the award of any funds as the result of a valid
appropriation or contract, the contractor receiving the funds shall submit a plan to comply
with all state and federal regulations required of the funds the contractor is receiving.
Proposed law provides that once the plan has been submitted, funds authorized as a result
of the contract may be released. If the contractor submits a plan indicating that the
contractor is not able to comply with all state and federal regulations as required, the funds
shall not be authorized for release. SB NO. 612
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that a contractor who is unable to comply with state and federal
regulations may submit an alternate plan describing how they will complete the terms of the
contract. Proposed law further provides that within seventy-two hours of receipt of the
alternate plan, the public entity receiving the plan shall transmit a copy to the clerk of the
House of Representatives and the secretary of the Senate for distribution to each member of
the legislature.
Proposed law provides that if, within seven days of receipt of the plan any member of the
legislature contests the award of the contract to the entity, the Joint Legislative Committee
on the Budget shall call a meeting to discuss the contract and alternate plan. If the
committee approves the plan, the funds authorized as a result of the contract shall be
released. If no member raises an objection, the funds may be authorized for release pursuant
to the alternate plan.
Proposed law provides that if a contractor has previously submitted a plan to comply with
all state and federal regulations required of the funds, and has been awarded the funds, but
then determines they are no longer able to comply with the necessary regulations, the
contractor shall submit an alternate plan as provided for in proposed law.
Proposed law provides that after the completion of the terms of each contract, the contractor
must submit documentation attesting they were in compliance with applicable state and
federal regulations for the duration of the contract.
Proposed law provides for annual reporting to the legislature on all contracts and each
contractors compliance with state and federal regulations.
Effective August 15, 2010.
(Adds R.S. 38:2226.1 and R.S. 39:1502.2 and 1554.2)