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Regular Session, 2012
SENATE BILL NO. 217
BY SENATOR CROWE
DISCRIMINATION. Provides relative to discrimination regarding certain public contracts
including the limitation of categories for nondiscrimination purposes. (gov sig)
AN ACT1
To amend and reenact R.S. 38:2315 and to enact R.S. 38:2183 and R.S. 39:1553.1, relative2
to equal employment in certain public contracts; to prohibit employment3
discrimination on the basis of race, religion, national ancestry, age, sex or disability;4
to provide for the inclusion of certain language in public contacts; to prohibit certain5
designations not provided for in law; to provide exceptions; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 38:2315 is hereby amended and reenacted and R.S. 38:2183 and R.S.9
39:1553.1 are hereby enacted to read as follows: 10
§2183. Equal opportunity11
A. Except as provided by this Chapter, every person shall be guaranteed12
equal employment opportunities in the selection of persons for public contracts13
pursuant to this Chapter.14
B. Public contracts shall not discriminate against any person because of15
race, religion, national ancestry, age, sex, or disability.16
C. (1) No public entity, in the selection of a person to award a public17 SB NO. 217
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contract, shall discriminate against any person because that person is a member1
of a category designated in Subsection (B) of this Section.2
(2) No person awarded a public contract shall discriminate in the3
rendering of services to, or employment of, an individual because that4
individual is a member of a category of persons designated in Subsection (B) of5
this Section.6
D. Except for the categories provided for in Subsection (B) of this7
Section, no category of persons or factors shall be designated in any non-8
discrimination clause in any public contract.9
E. (1) Every contract and bidding document shall include a statement10
advising that, by signing the contract, the contractor shall not discriminate in11
the rendering of services to, or employment of, individuals to perform the work,12
or to provide materials, supplies, or services pursuant to the contract, who are13
members of a category designated in Subsection (B) of this Section.14
(2) No contract or bidding document shall include any language that15
designates any category of persons or factors for non-discrimination unless such16
category or factor is designated in Subsection (B) of this Section.17
F. Nothing in this Section shall be construed to nullify or supersede any18
preference in law for veterans of the military or military service men or service19
women.20
G. Nothing in this Section shall be construed to nullify or supercede any21
minimum requirement related to education, licensure, or other vocational22
standards.23
* * *24
§2315. Equal opportunity25
Every person shall be guaranteed equal employment opportunities in the26
selection of persons for professional services and such selection of persons for27
professional services and such selection shall not discriminate against any person28
because of race, religion, national ancestry, age, sex, or physical condition disability.29 SB NO. 217
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If any Any person or persons who violates the provisions of this section, they1
Section shall be subject to the same penalties as provided in R.S. 38:2314(A).2
Section 2. R.S. 39:1553.1 is hereby enacted to read as follows:3
§1553.1. Equal opportunity4
A. Except as provided by this Chapter, every person shall be guaranteed5
equal employment opportunities in the selection of persons for procurement6
pursuant to this Chapter.7
B. Procurement contracts shall not discriminate against any person8
because of race, religion, national ancestry, age, sex, or disability.9
C. (1) No governmental body, in the selection of a person for a10
procurement contract, shall discriminate against any person because that11
person is a member of a category designated in Subsection (B) of this Section.12
(2) No person awarded a procurement contract shall discriminate in the13
employment of an individual because that individual is a member of a category14
of persons designated in Subsection (B) of this Section.15
D. Except for the categories provided for in Subsection (B) of this16
Section, no category of persons or factors shall be designated in any non-17
discrimination clause in any procurement contract.18
E. (1) Every contract, invitation to bid, or request for proposal pursuant19
to this Chapter, shall include a statement advising an applicant that, by signing20
the contract, bid document or proposal, the applicant agrees that the applicant21
will not discriminate in the employment of individuals to perform the work or22
to provide materials, supplies, or services pursuant to the contract who are23
members of a category designated in Subsection (B) of this Section.24
(2) No invitation to bid or request for proposal pursuant to this Chapter,25
shall include any language that designates any category of persons or factors for26
non-discrimination unless such category or factor is designated in Subsection27
(B) of this Section.28
F. Nothing in this Section shall be construed to nullify or supersede any29 SB NO. 217
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preference in law for veterans of the military or military service men or service1
women.2
G. Nothing in this Section shall be construed to nullify or supercede any3
minimum requirement related to education, licensure, or other vocational4
standards.5
Section 3. The legislature finds all of the following:6
A. According to Article III, Section 1 of the Constitution of Louisiana, the7
legislative powers of the state are vested solely in the legislature.8
B. The terms of certain public works, purchasing and professional services and9
procurement contracts executed by the various public entities must adhere to state statute.10
C. It is further the role of the legislature to appropriate taxpayers' monies to pay the11
debts and obligations of state government as well as any final judgments rendered against12
the state by the courts.13
D. When a state agency or other state entity arbitrarily imposes restrictions on14
categories of persons or creates categories of special consideration, outside of the deliberate15
and public process of legislative enactment, that state agency or other state entity exposes16
the state to litigation and potential liability for which the legislature has not planned nor17
budgeted. Such action on the part of such state agency or other state entity puts the state's18
fisc at potential risk. 19
Section 4. The purpose of this Act is to insure that all requirements which a public20
entity includes in their public works, purchasing, or professional services and procurement21
contracts are consistent with law.22
Section 5. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 SB NO. 217
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Crowe (SB 217)
Present law provides that every architect, engineer, or landscape architect shall be
guaranteed equal employment opportunities in the selection of persons for such professional
service contracts. Such selection shall not discriminate against any person because of race,
religion, national ancestry, age, sex, or physical condition. Provides that the contract may
be terminated without liability and public entity may deduct from contract price or otherwise
recover full amount from contractor if contractor violates present law.
Proposed law retains present law but changes "physical condition" to "disability."
Proposed law provides that every person shall be guaranteed equal employment
opportunities in the selection of persons for public contracts for public works or for the
purchase of materials or supplies.
Proposed law provides that no public entity, in the selection of persons to award such public
contracts, shall discriminate on the basis of race, religion, national ancestry, age, sex, or
disability.
Proposed law provides that no person awarded such a public contract shall discriminate in
the rendering of services to, or employment of, an individual on the basis of race, religion,
national ancestry, age, sex, or disability.
Proposed law provides that, except for the categories of race, religion, national ancestry, age,
sex, or disability, no category of persons or factors shall be designated in any non-
discrimination clause in any public contract.
Proposed law requires that every public contract and bidding document shall include a
statement advising that, by signing the contract, the contractor shall not discriminate in the
rendering of services to, or employment of, individuals on the basis of race, religion, national
ancestry, age, sex, or disability.
Proposed law provides that no public contract or bidding document shall include any
language that designates any category of persons or factors for non-discrimination unless
such category or factor is listed in proposed law.
Proposed law shall not be construed to nullify or supersede any preference in law for
veterans or service men or service women.
Proposed law shall not be construed to nullify any requirements related to education,
licensure or other vocational standard.
Proposed law states the following legislative findings:
1. The La. Constitution provides that the legislative powers of the state are vested
solely in the legislature.
2. The terms of public works, purchasing, and professional services and procurement
contracts executed by the various public entities must adhere to state law.
3. It is further the role of the legislature to appropriate taxpayers' monies to pay the
debts and obligations of state government as well as any final judgments rendered
against the state by the courts. SB NO. 217
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
4. When a state agency or entity arbitrarily imposes restrictions on categories of
persons or creates categories of special consideration, outside of the deliberate and
public process of legislative enactment, that state agency or other state entity exposes
the state to litigation and potential liability for which the legislature has not planned
nor budgeted. Such action on the part of such state agency or other state entity puts
the state's fisc at potential risk.
Proposed law states that the purpose of the proposed law is to insure that all requirements
which a public entity includes in its public works, purchasing or professional services and
procurement contracts are consistent with law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 38:2315; adds R.S. 38:2183, and R.S. 39:1553.1)