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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 ENROLLED
SENATE BILL NO. 641
BY SENATORS MORRELL AND HEBERT AND REPRESENTATI VE LEGER
AN ACT1
To enact 33:41, relative to a local government authority; to provide that certain contracts are2
void and unenforceable; to impose a duty upon the local government authority; to3
provide for an effective date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 33:41 is hereby enacted to read as follows: 6
ยง41. Illegal contracts7
A. Any contract awarded or executed, or purchase made in violation of8
R.S. 14:118 (public bribery), and where a conviction has been obtained, shall be9
null and void and shall not be enforced in the courts of this state. However, in10
instances where the contract or purchase agreement encompasses a service or11
commodity that is of a vital need to or for the public, a court may allow a12
limited transition period to enable the local government authority to secure an13
alternative source for the service or commodity.14
B.(1) Pursuant to Subsection A, the local government authority that is15
a party to the contract or purchase agreement shall apply, in its name, through16
an attorney of its choosing, to a court of competent jurisdiction for an order or17
injunction to restrain the misapplication of funds or the execution or18
performance of any contract or purchase order made on its behalf in19
contravention of law, or which was procured by fraud or corruption.20
(2) In the event the attorney chosen by the local government authority21
fails to apply for the order or injunction required by Paragraph (B)(1) of this22
Section, within ninety days following a conviction, the district attorney shall23
apply for such order or injunction on behalf of the local government authority.24
ACT No. 450 SB NO. 641 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: