HLS 12RS-449 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 329
BY REPRESENTATIVE CHAMPAGNE
PUBLIC CONTRACTS: Requires recipients of public contracts to make available the
names and amounts paid to individuals for hourly services
AN ACT1
To enact R.S. 38:2212.11 and Chapter 26 of Title 39 of the Louisiana Revised Statutes of2
1950, to be comprised of R.S. 39:2221 and 2222, relative to public contracts; to3
require the retention and disclosure of certain information relating to the payment of4
hourly wages; to provide for effectiveness; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:2212.11 is hereby enacted to read as follows:7
§2212.11. Information on wages paid in public contract work8
A. For any contract with a public entity for which a contractor receives9
reimbursement for hourly work provided, the contractor shall retain information10
regarding the individual names, hours worked, and wages of the individuals11
providing such hourly work.12
B. The contractor shall retain such information for no less than three years13
after the completion of the contract and shall make such information available to any14
person upon written request.15
C. A public entity shall not sign a contract or cooperative endeavor16
agreement or renew a contract or cooperative endeavor agreement for reimbursement17
for hourly work provided which does not include a sworn affidavit attesting that the18
contractor will retain the information and make available such information as19
required by law.20 HLS 12RS-449 ORIGINAL
HB NO. 329
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D. Upon the failure of any contractor to make such information available1
within thirty days of receipt of a written request, the requestor shall be entitled to2
recover by suit or otherwise, from such party all costs of collection, including court3
costs, deposition, and other discovery costs, and reasonable attorney fees incurred4
by the requestor.5
E. For purposes of this Section, unless otherwise specified, "contract" shall6
also mean cooperative endeavor agreement.7
F. The provisions of Subsections A, B, and D of this Section shall apply to8
any contract or cooperative endeavor agreement in effect on the effective date of this9
Act. The provisions of this Chapter shall apply to any contract or cooperative10
agreement entered into on or after the effective date of this Section.11
Section 2. Chapter 26 of Title 39 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 39:2221 and 2222, is hereby enacted to read as follows: 13
CHAPTER 26. INFORMATION ON WAGES PAID UNDER PUBLIC14
GOVERNMENTAL CONTRACTS AND PROCUREMENT15
§2221. Applicability; definitions16
A. This Chapter shall apply to any contract or cooperative endeavor17
agreement that results from any bid or other award governed under Chapter 16 and18
Chapter 17 of this Title.19
B. For the purpose of this Chapter, "public entity" shall mean any agency,20
board, commission, department, or public corporation of the state, created by the21
constitution or statute or pursuant thereto, or any political subdivision of the state,22
including but not limited to any political subdivision as defined by Article VI,23
Section 44 of the Constitution of Louisiana, and any public housing authority, public24
school board, or any public officer whether or not an officer of a public corporation25
or political subdivision.26
C. For purposes of this Chapter, unless otherwise specified, "contract" shall27
also mean cooperative endeavor agreement.28 HLS 12RS-449 ORIGINAL
HB NO. 329
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are additions.
§2222. Information on reimbursements1
A. For any contract with a public entity for which a contractor receives2
reimbursement for hourly work provided, the contractor shall retain information3
regarding the individual names, hours worked, and wages of the individuals4
providing such hourly work.5
B. The contractor shall retain such information for no less than three years6
after the completion of the contract and shall make such information available to any7
person upon written request.8
C. A public entity shall not sign a contract or renew a contract or for9
reimbursement for hourly work provided which does not include a sworn affidavit10
attesting that the contractor will retain the information and make available such11
information as required by law.12
D. Upon the failure of any contractor to make such information available13
within thirty days of receipt of a written request, the requestor shall be entitled to14
recover by suit or otherwise, from such party all costs of collection, including court15
costs, deposition, and other discovery costs, and reasonable attorney fees incurred16
by the requestor.17
E. The provisions of Subsections A, B, and D of this Section shall apply to18
any contract or cooperative endeavor agreement in effect on the effective date of this19
Section. The provisions of this Chapter shall apply to any contract or cooperative20
agreement entered into on or after the effective date of this Section.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Champagne HB No. 329
Abstract: Requires contractors to retain names, hours worked, and wages paid to
individuals for hourly work provided and to make such information available upon
written request.
Proposed law requires a contractor who receives reimbursement for hourly work provided
on a public contract to retain information on the individual names, hours worked, and wages
of individuals providing such hourly work. HLS 12RS-449 ORIGINAL
HB NO. 329
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law requires the contractor to retain such information for no less than three years
after completion of the contract and to make such information available to any person upon
written request.
Proposed law prohibits a public entity from signing or renewing a contract or cooperative
agreement that does not contain a sworn affidavit attesting that the contractor will retain the
information and make available such information as required by law.
If a contractor does not provide the information within 30 days of receipt of a written
request, proposed law authorizes the requestor of the information to recover all costs of
collection, including court costs, deposition, and other discovery costs, and reasonable
attorney fees incurred by the requestor.
Proposed law, excluding the affidavit requirement, shall apply to contracts and cooperative
endeavor agreements in effect on the effective date of proposed law.
(Adds R.S. 38:2212.11 and R.S. 39:2221 and 2222)