Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB641 Introduced / Bill

                    SLS 10RS-697	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 641
BY SENATOR MORRELL 
MUNICIPALITIES. Provides that certain contracts shall be null and void and requires the
attorney of a local government subdivision to file an injunction. (gov sig)
AN ACT1
To enact R.S. 33:41, relative to local governmental subdivisions; to provide that certain2
contracts are void and unenforceable; to impose a duty upon the attorney of the local3
governmental subdivision; to provide for an effective date; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 33:41 is hereby enacted to read as follows: 7
ยง41.  Illegal contracts8
A.  Any contract awarded or executed, or purchase made in violation of9
R.S. 14:118 (public bribery) shall be null and void and shall not be enforced in10
the courts of this state.11
B. The attorney for the local governmental subdivision shall apply, in12
its name, to a court of competent jurisdiction for an order or injunction to13
restrain the misapplication of funds or the execution or performance of any14
contract or purchase order made on its behalf in contravention of law, or which15
was procured by fraud or corruption.16
Section 2. This Act shall become effective upon signature by the governor or, if not17 SB NO. 641
SLS 10RS-697	ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ann S. Brown.
DIGEST
Proposed law provides that any contract awarded or executed, or purchase made in violation
of the criminal statute defining public bribery shall be null and void and shall not be
enforced in the courts of this state.
Proposed law imposes a duty on the attorney of the local governmental subdivision to apply
in its name, to a court of competent jurisdiction for an order or injunction to restrain the
misapplication of funds or the execution or performance of any contract or purchase order
made on its behalf in contravention of law, or which was procured by fraud or corruption.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:41)