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Regular Session, 2013
HOUSE BILL NO. 73
BY REPRESENTATIVES RICHARD, ARMES, BARROW, BERTHELOT, WESLEY
BISHOP, BROWN, TIM BURNS, CHAMPAGNE, DI XON, EDWARDS, FOIL,
GISCLAIR, GUILLORY, HARRISON, HOWARD, HUNTER, KATRINA
JACKSON, JEFFERSON, JONES, JAY MORRIS, NORTON, RITCHIE,
SCHEXNAYDER, ST. GERMAIN, ALFRED WILLIAMS, AND PATRICK
WILLIAMS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC CONTRACTS: Provides for a 10% reduction of all state professional, personal,
and consulting service contracts
AN ACT1
To amend and reenact R.S. 39:1489 and to enact Subpart G of Part I of Chapter 16 of2
Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, to be comprised of3
R.S. 39:1493.11, and 1498(A)(10), relative to professional, personal, and consulting4
services procurement; to require a reduction in the dollar amount of certain5
professional, personal, and consulting service contracts; to provide for the6
submission of periodic reports; to provide for exceptions; to provide for certain7
determinations before contract approval; to provide for an effective date; and to8
provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 39:1489 is hereby amended and reenacted and Subpart G of Part I11
of Chapter 16 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, comprised12
of R.S. 39:1493.11, and 1498(A)(10) are hereby enacted to read as follows: 13
SUBPART G. REDUCTION OF CONTRACTS FOR FISCAL YEAR 2013-201414
§1493.11. Reduction of contracts for Fiscal Year 2013-201415
A.(1) The total dollar amount for professional, personal, and consulting16
service contracts under the jurisdiction of the office of contractual review for Fiscal17 HLS 13RS-428 REENGROSSED
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Year 2013-2014 shall be reduced by no less than ten percent of the total dollar1
amount for such contracts for Fiscal Year 2012-2013.2
(2) The office of contractual review shall submit reports on the status of the3
implementation of this Section to the Joint Legislative Committee on the Budget on4
October 1, 2013, January 1, 2014, April 1, 2014, and July 1, 2014.5
B. The office of contractual review shall not approve any contract if such6
approval would increase the total dollar amount of contracts above the reduced7
amount required under Subsection A of this Section, unless such contract meets all8
of the following criteria:9
(1) Either no employee of the contracting department or agency is both10
competent and available to perform the services called for by the proposed contract11
or the services called for are not the type readily susceptible to being performed by12
persons who are employed by the state on a continuing basis.13
(2) The services are not available as a product of a prior or existing contract.14
(3) The contracting department or agency has submitted to the office of15
contractual review a written plan to monitor and evaluate the performance called for16
in the proposed contract.17
(4) It is more cost effective to obtain the proposed services through the18
contract than to have the services provided by the contracting department or agency19
if the department or agency can provide the services or by agreement with another20
state department or agency.21
(5) The commissioner of administration determines that the proposed22
contract represents a priority expenditure for Louisiana state government.23
C. Notwithstanding any provision of law to the contrary, this Section shall24
not apply to any professional, personal, or consulting service contract of the secretary25
of state necessary to perform any constitutional or statutory function of the office.26
* * *27 HLS 13RS-428 REENGROSSED
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§1489. Reporting requirements; annual report1
A. The director shall prepare such reports as he finds necessary for the2
proper conduct of his duties, to include an annual report of all professional, personal,3
consulting, social services, and other contracts over which the office of contractual4
review has power and authority under the provisions of this Chapter or through5
administrative rules and regulations. The annual report shall be compiled on a fiscal6
year basis and consist, at a minimum, of summary descriptive and statistical data7
regarding the number and amounts of such contracts by type of service. The annual8
report shall be submitted to the president of the Senate and speaker of the House of9
Representatives not later than January first of the year following the end of the fiscal10
year for which the report is prepared.11
B. The director shall submit a report at the end of each month to the House12
Committee on Appropriations summarizing the contracts and dollar value of such13
contracts awarded that month over which the office of contractual review has power14
and authority.15
* * *16
§1498. Approval of contract; penalties17
A. Before approving a proposed contract for professional, personal,18
consulting, or social services, the director of the office of contractual review or an19
assistant shall have determined that:20
* * *21
(10) A contract for professional, personal, or consulting services is not22
awarded to any entity for which an appropriation was enacted through a line item23
appropriation in the General Appropriations Act for the fiscal year in which the24
contract is proposed, and was subsequently vetoed by the governor, for such amount25
or services as contained in the appropriation. If the office of contractual review26
determines that a contract in the amount and for such services as were contained in27 HLS 13RS-428 REENGROSSED
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the vetoed appropriation is proposed, the office shall not approve such contract1
without prior approval of the Joint Legislative Committee on the Budget.2
* * *3
Section 2. This Act shall become effective on July 1, 2013; if vetoed by the governor4
and subsequently approved by the legislature, this Act shall become effective on July 1,5
2013, or on the day following such approval by the legislature, whichever is later.6
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)]
Richard HB No. 73
Abstract: Requires a 10% reduction in the total dollar amount for professional, personal,
and consulting service contracts under the jurisdiction of the office of contractual
review for FY 2013-2014. Additionally requires the office of contractual review to
submit a monthly report to the House Committee on Appropriations on contracts
awarded the prior month.
Proposed law requires a 10% reduction in the total dollar amount for professional, personal,
and consulting service contracts under the jurisdiction of the office of contractual review for
FY 2013-2014.
Proposed law requires the office of contractual review to submit reports on the status of the
implementation of proposed law to the Joint Legislative Committee on the Budget on Oct.
1, 2013, Jan. 1, 2014, April 1, 2014, and July 1, 2014.
Proposed law prohibits the office of contractual review from approving any contract if such
approval would increase the total dollar amount of contracts above the reduction required
in proposed law, unless such contract meets all of the following criteria:
(1)Either no employee of the contracting department or agency is both competent and
available to perform the services called for by the proposed contract or the services
called for are not the type readily susceptible to being performed by persons who are
employed by the state on a continuing basis.
(2)The services are not available as a product of a prior or existing contract.
(3)The contracting department or agency has submitted to the office of contractual
review a written plan to monitor and evaluate the performance called for in the
proposed contract.
(4)It is more cost effective to obtain the proposed services through the contract than to
have the services provided by the contracting department or agency if the department
or agency can provide the services or by agreement with another state department or
agency.
(5)The commissioner of administration determines that the proposed contract represents
a priority expenditure for La. state government. HLS 13RS-428 REENGROSSED
HB NO. 73
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Proposed law does not apply to any professional, personal, or consulting service contract of
the secretary of the state necessary to perform any constitutional or statutory function of the
office.
Present law provides for certain determinations by the director of the office of contractual
review prior to the approval of proposed contracts.
Proposed law retains present law and further provides that before approval, the director of
the office of contractual review shall determine that a contract for professional, personal, or
consulting services is not awarded to any entity for which an appropriation was enacted
through a line item appropriation in the General Appropriations Act for the fiscal year in
which the contract is proposed, and subsequently vetoed by the governor, for such amount
or services as contained in the appropriation. Proposed law further provides that if the office
of contractual review determines that a contract in the amount and for such services as were
contained in the vetoed appropriation is proposed, the office shall not approve such contract
without prior approval of the Joint Legislative Committee on the Budget.
Present law requires the director of the office of contractual review prepare an annual report
to the president of the Senate and speaker of the House of Representatives on January 1 of
each year on all professional, personal, consulting, social services, and other contracts over
which the office of contractual review has power and authority. The annual report shall be
compiled on a fiscal year basis and consist, at a minimum, of summary descriptive and
statistical data regarding the number and amounts of such contracts by type of service.
Proposed law additionally requires the director to submit a report at the end of each month
to the House Committee on Appropriations summarizing the contracts and dollar value of
such contracts awarded that month over which the office of contractual review has power
and authority.
Effective July 1, 2013.
(Amends R.S. 39:1489; Adds R.S. 39:1493.11 and 1498(A)(10))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
original bill.
1. Adds exception for contracts of the secretary of state necessary to perform any
constitutional or statutory function of the office.
2. Adds requirement that the director of the office of contractual review submit a
monthly report to the House Committee on Appropriations.