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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 210
BY SENATOR MURRAY
PUBLIC CONTRACTS. Authorizes a political subdivision to charge a fee, in lieu of a
deposit, for production of paper documents under certain circumstances. (gov sig)
AN ACT1
To amend and reenact R.S. 38:2212(A)(1)(e), relative to the Sewerage and Water Board of2
New Orleans; to provide for a maximum fee under certain circumstances; to provide3
for effectiveness; and to provide for related matters.4
Notice of intention to introduce this Act has been published.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:2212(A)(1)(e) is hereby amended and reenacted to read as7
follows:8
§2212. Advertisement and letting to lowest responsible bidder; public work;9
electronic bidding; participation in mentor-protégé program;10
exemptions11
A.(1) * * *12
(e)(i) Each public entity advertising and letting for bid a public works13
contract under the provisions of this Section shall furnish all prime bidders who14
request bid documents and who are properly licensed by the Louisiana State15
Licensing Board for Contractors with at least one set of complete bid documents.16
The public entity may require a deposit on the bid documents; however, the total cost17 SB NO. 210
SLS 13RS-454 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the deposit, including handling fees and other costs shall not exceed twice the1
actual cost of reproduction. Deposits on the first set of documents furnished bona2
fide prime bidders will be fully refunded upon return of the documents no later than3
ten days after receipt of bids. On other sets of documents furnished to bidders the4
deposit less actual cost of reproduction, will be refunded upon return of the5
documents no later than ten days after receipt of bids. Where the public entity, itself,6
prepares and distributes the contract documents, the public entity may, in lieu of a7
deposit, charge a fee for the documents, which shall not exceed the actual cost of8
reproduction.9
(ii) Where the Sewerage and Water Board of New Orleans, itself,10
prepares and distributes electronic contract documents, the Sewerage and11
Water Board of New Orleans may, in lieu of a deposit, charge a fee for each12
paper document, which shall not exceed the actual cost of reproduction.13
* * *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Ann S. Brown.
DIGEST
Murray (SB 210)
Present law authorizes a public entity that is advertising and letting for bid a public works
contract to require a deposit from a prime bidder who requests a complete set of bid
documents. Provides that the deposit is refundable. Present law also authorizes in instances
where the public entity, itself, prepares and distributes the contract documents, to charge a
fee for the documents, which shall not exceed the actual cost of reproduction.
Proposed law retains present law and also provides that when the Sewerage and Water Board
of New Orleans, itself, prepares and distributes electronic contract documents, it may, in lieu
of a deposit, charge a fee for each paper document, not to exceed the actual cost of
reproduction.
Effective upon signature of the governor or lapse of time for gubernatorial action. SB NO. 210
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(Amends R.S. 38:2212(A)(1)(e))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Removes all references to design-build contracts.