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Regular Session, 2011 ENROLLED
SENATE BILL NO. 76
BY SENATOR MARTINY AND REPRESENTATIVES LIGI AND NOWLIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 38:2211(A)(12) and to enact R.S. 38:2225.5, relative to contracts2
by public entities; to provide for certain restrictions; to provide for definitions; 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. 38:2211(A)(12) is hereby amended and reenacted and R.S. 38:2225.56
is hereby enacted to read as follows: 7
§2211. Definitions8
A. As used in this Chapter unless the context clearly indicates otherwise, the9
following terms shall mean:10
* * *11
(12) "Public work" means the operation, erection, construction, alteration,12
improvement, or repair of any public facility or immovable property owned, used,13
or leased by a public entity.14
* * *15
§2225.5. Contracts in which public entities are participants; prohibitions and16
duties; contractors' rights17
A. Except as provided in Subsection E of this Section or as required by18
ACT No. 134 SB NO. 76 ENROLLED
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federal law, each public entity, when engaged in procuring products or services1
or letting contracts for construction, manufacture, or operation of public works2
paid for in whole or in part by state or local funds, or when overseeing or3
administering such procurement, construction, manufacture, or operation, shall4
ensure that bid specifications, project agreements, and other controlling5
documents, entered into, required, or subject to approval by the public entity6
do not:7
(1) Require bidders, offerors, contractors, subcontractors, or operators8
to:9
(a) Enter into or adhere to agreements with one or more labor10
organizations on the same or related projects.11
(b) Enter into any agreement whereby the public entity is required to12
remain neutral toward any labor organization.13
(c) Pay predetermined or prevailing wages.14
(2) Discriminate against bidders, offerors, contractors, subcontractors,15
or operators for refusing to:16
(a) Become or remain signatories or otherwise adhere to agreements17
with one or more labor organizations on the same or related projects.18
(b) Enter into any agreement whereby the public entity is required to19
remain neutral toward any labor organization.20
(3) Require any bidders, offerors, contractors, subcontractors, or21
operators to enter into, adhere to, or enforce any agreement that requires any22
employee as a condition of employment to:23
(a) Become a member of or become affiliated with a labor organization.24
(b) Pay dues or fees to a labor organization over the employee's25
objection.26
B. No public entity shall provide financial assistance, issue a grant, or27
enter into a cooperative agreement for any project a condition of which requires28
that bid specifications, project agreements, or other controlling documents29
pertaining to the financial assistance, grant, or cooperative agreement contain30 SB NO. 76 ENROLLED
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any of the elements prohibited in Subsection A of this Section.1
C. Nothing herein shall prohibit contractors or subcontractors from2
voluntarily entering into agreements described in this Section.3
D. Any interested party, which shall include a bidder, offeror,4
contractor, subcontractor, operator, or taxpayer, shall have standing to5
challenge any bid specification, project agreement, neutrality agreement,6
controlling document, grant, or cooperative agreement which violates the7
provisions of this Section. Furthermore, such party is authorized to and shall8
receive injunctive relief to prevent violations of this Section upon a proper9
showing under the standards of the Louisiana Code of Civil Procedure.10
E. The provisions of this Section shall not apply to the following:11
(a) Any inmate work-release program.12
(b) Any contract pursuant to the Louisiana Quality Jobs Program.13
(c) Any contract or cooperative endeavor agreement pursuant to the14
Incumbent Worker Training Program.15
(d) Any public-private agreement for any construction or infrastructure16
project in which the private entity, as a condition of its investment or17
partnership with the public entity, requires that the private entity have the right18
to control its labor relations policy with its own employees and the employees19
of its contractors and subcontractors in any manner permitted by the National20
Labor Relations Act, 29 U.S.C. 151 et seq.21
Section 2. If any provision or item of this Act or the application thereof is held22
invalid, such invalidity shall not affect other provisions, items, or applications of this Act23
which can be given effect without the invalid provisions, items, or applications, and to this24
end the provisions of this Act are hereby declared severable.25
Section 3. The provisions of this instrument are enacted pursuant to the police power26
of the state.27
Section 4. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 76 ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: