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ACT No. 5
First Extraordinary Session, 2011
HOUSE BILL NO. 11
BY REPRESENTATIVE FANNIN
AN ACT1
To amend and reenact R.S. 38:90.1(7), 345(A), 1770(B)(1), 2216(L)(2), 2225.4, 2233.1(A),2
and 2251(F) and to repeal R.S. 38:2212(A)(1)(d)(ii), relative to provisions in Title3
38 (Public Contracts, Works and Improvements) of the Louisiana Revised Statutes4
of 1950 which are limited in applicability to certain political subdivisions or local5
areas based upon population classifications; to specify applicability to one or more6
political subdivisions or local areas; to repeal provisions that are outdated or7
obsolete; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 38:90.1(7), 345(A), 1770(B)(1), 2216(L)(2), 2225.4, 2233.1(A), and10
2251(F) are hereby amended and reenacted to read as follows: 11
§90.1. Definitions12
As used in this Chapter, unless the context clearly indicates otherwise, the13
following terms shall have the meanings ascribed to them as follows:14
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(7) "Municipal drainage authority" means any municipality with a population16
in excess of four hundred thousand the city of New Orleans and any special district17
or board located in such municipality, including but not limited to the Sewerage and18
Water Board of New Orleans, created for the purpose of drainage and/or flood19
control.20
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§345. Certain levee boards; ad valorem tax expenditures; Parish Transportation1
Fund expenditures2
A. This Section shall apply to a levee district having a population of not3
more than seventy-five thousand nor less than forty thousand according to the latest4
regular federal census for which the figures have been made public and which5
includes more than one, but not more than four parishes each of which has one6
boundary with the Mississippi River the Fifth Louisiana Levee District.7
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§1770. Acreage tax9
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B.(1) Notwithstanding any provision of Subsection A of this Section to the11
contrary as to the amount of acreage tax or forced contribution to be imposed,12
gravity drainage and gravity subdrainage districts in a parish with a population of13
greater than seventy-eight thousand and less than eighty-four thousand persons as of14
the most recent federal decennial census St. Landry Parish, through their governing15
authority, may impose and collect annually, in addition to the tax authorized by R.S.16
39:569, an acreage tax or forced contribution not exceeding three dollars per acre per17
year. No increase in the rate of all or any portion of the acreage taxes or forced18
contributions which together with the acreage taxes or forced contributions19
theretofore levied and imposed shall exceed three dollars per acre per annum. The20
gravity drainage or gravity subdrainage district acting through its governing21
authority may incur debt and issue negotiable bonds therefor, when secured by the22
acreage tax not exceeding three dollars per acre.23
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§2216. Written contract and bond25
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L.(1)27
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(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, in29
any parish or municipality with a population in excess of four hundred twenty-five30 ENROLLEDHB NO. 11
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thousand Jefferson Parish and in the city of New Orleans, the parish or municipality1
may require a contractor to pay for the additional costs incurred by a parish or2
municipality with respect to inspections of the contracted project provided the3
additional costs for inspections are above the budgeted amount for the contracted4
project, and further provided that the specifications or bidding documents include the5
average hourly rate to be charged for inspection and specify a reasonable budget for6
such inspections.7
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§2225.4. Expansion of certain convention centers9
A political subdivision of the state in a parish with a population in excess of10
four hundred fifty thousand persons Orleans Parish which has been involved in11
litigation before the highest court of this state pertaining to the award of a contract12
for the construction of the expansion of a convention center to be funded with funds13
of the state and the political subdivision may negotiate with respect to the price,14
conditions, and terms of the contract to be entered into with the party that is awarded15
the contract pursuant to a writ of mandamus from a district court and affirmed by the16
appellate courts. Prior to the execution of the contract, it shall be submitted to the17
Joint Legislative Committee on the Budget for review and approval. If approved by18
the Joint Legislative Committee on the Budget, the execution of the contract shall19
resolve any and all claims and disputes between the parties arising out of the award20
of the public bid.21
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§2233.1. School boards in parishes with population exceeding four hundred23
seventy-five thousand Orleans Parish, authority for procurement from small24
businesses; set aside; preference to disadvantaged; preference to women25
A. Notwithstanding any other provision of law, the school board of any26
parish having a population in excess of four hundred seventy-five thousand27
according to the latest regular federal census for which the official figures have been28
made public Orleans Parish School Board, through its respective fiscal officer or29
director of finance, is hereby authorized and empowered for each fiscal year to30 ENROLLEDHB NO. 11
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designate and set aside for awarding to small businesses, as defined in R.S. 39:1732,1
an amount at least ten percent of the value of anticipated local procurement of goods2
and services, including all public work for labor and materials involving the3
construction or doing of any public work, including alteration or repair. 4
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§2251. Preference for products produced or manufactured in Louisiana; exceptions6
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F. The provisions of this Section shall not apply to a drainage district or8
sewerage and water board located in a municipality with a population in excess of9
500,000 the city of New Orleans wherein the cost of products produced or10
manufactured in the state of Louisiana does not exceed by more than five percent the11
cost of products which are equal in quality to products produced or manufactured12
outside of the state in purchases of one million dollars or more, as provided by Acts13
880 and 693 of the 1985 Regular Session of the Louisiana Legislature.14
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Section 2. R.S. 38:2212(A)(1)(d)(ii) is hereby repealed in its entirety.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: