Requires state and local contractors to disclose the full disposition, splitting, or sharing of contract commissions, fees, or other consideration by an "affidavit of notice of fee disposition" if the contract is let without bid. (7/1/10) (RE SEE FISC NOTE GF EX)
Impact
The implementation of SB71 is anticipated to significantly alter how public contracts are handled in Louisiana. By requiring contractors to submit detailed affidavits of fee dispositions, the bill aims to diminish the likelihood of undisclosed financial arrangements that could lead to conflicts of interest or misappropriation of funds. Furthermore, if any inaccuracies are discovered in the affidavit, the law states that the respective contract will be rendered void, and all payments must be refunded to the state or local entity. Such stringent requirements emphasize the importance of maintaining integrity in public financial dealings.
Summary
Senate Bill 71 (SB71) mandates that any contractor engaging with state or local entities must fully disclose any commissions, fees, or other considerations related to their contracts through an 'affidavit of notice of fee disposition.' This regulation applies to contracts awarded without bidding and those exceeding $10,000 when competitively bid. The goal of this legislation is to enhance transparency in public contract dealings, thereby fostering accountability and reducing potential corruption.
Sentiment
Overall, the sentiment surrounding SB71 appears to be largely supportive among legislators advocating for transparency and accountability in government. Proponents argue that this bill is a necessary step to protect taxpayer money and ensure fair practices. However, there might be concerns from contractors and businesses regarding the potential administrative burden of the additional documentation and the strict penalties associated with non-compliance. This divergence in viewpoints reflects a broader dialogue on the balance between regulatory oversight and the ease of business operations.
Contention
Notable points of contention regarding SB71 may arise from the perceived impact of increased disclosure requirements on small businesses and contractors that may lack the resources to comply with such regulations. Critics may argue that while the bill's objectives are commendable, the compliance processes could disproportionately burden smaller entities, potentially stifling competition. Additionally, there could be debates about the adequacy of penalties prescribed for misrepresentation in affidavits, with some advocating for a more lenient approach to support compliance rather than penalize it.
Requires recording of certain public work and material and supplies contracts and certain amendments, revisions, and change orders; increases fines and criminal penalties for splitting profits, fees, and commissions. (8/15/11) (EN SEE FISC NOTE LF RV See Note)
Requires that any contractor who enters into a contract with a public entity comply with the Louisiana Equal Pay for Women Act. (8/1/23) (OR SEE FISC NOTE GF EX)
Provides relative to disclosure and remittance of revenues in excess of certain contractual amounts in certain circumstances for certain contractors with the state's Office of Group Benefits (EN SEE FISC NOTE SG RV)
Requires any contractor who bids on or enters into a contract with a public entity to comply with the Louisiana Equal Pay for Women Act. (8/1/20) (OR INCREASE LF EX See Note)
Increases the contract price which requires nonresident contractors to register with the Department of Revenue and provide surety for the payment of state and local tax from $3,000 or more to the same amount or more which would require the nonresident contractor to register with the State Licensing Board for Contractors and grants local sales tax collectors authority to require surety and enforce it for nonresident contractors not registered with the department (8/15/10) (OR SEE FISC NOTE SG RV)
Requires recording of certain public work and material and supplies contracts and certain amendments, revisions, and change orders; increases fines and criminal penalties for splitting profits, fees, and commissions. (8/15/11) (EN SEE FISC NOTE LF RV See Note)
Property tax: assessments; sales of certain deed-restricted properties; prohibit the use of as comparable sales for assessment purposes in certain circumstances. Amends sec. 27 of 1893 PA 206 (MCL 211.27).
Property tax: assessments; the effect of certain limitations on the use of property, such as a restriction or easement in a deed, will, or other instrument; clarify relevance when assessing true cash value. Amends sec. 27 of 1893 PA 206 (MCL 211.27).
Property tax: special assessments; certain references in act providing for deferment of special assessments on certain homesteads; make gender neutral. Amends sec. 4 of 1976 PA 225 (MCL 211.764). TIE BAR WITH: HJR F'25
Property tax: special assessments; certain references in act providing for deferment of special assessments on certain homesteads; make gender neutral. Amends sec. 4 of 1976 PA 225 (MCL 211.764). TIE BAR WITH: HJR F'23