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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 716
BY REPRESENTATIVE HENRY
PUBLIC CONTRACTS: Establishes protections for certain independent public contractors
who report criminal activity on the part of public entities
AN ACT1
To enact Chapter 27 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 39:2211 and 2212, relative to public contracts; to provide3
protections for certain public contractors who report certain activities involving a4
public entity; to provide for definitions; to provide relative to reprisals against certain5
public contractors; to provide for requirements and limitations; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Chapter 27 of Subtitle III of Title 39 of the Louisiana Revised Statutes9
of 1950, comprised of R.S. 39:2211 and 2212 is hereby enacted to read as follows: 10
CHAPTER 27. PROTECTIONS FOR PUBLIC CONTRACTORS11
§2211. Protection for public contractors12
A. The provisions of this Chapter shall apply to all contracts between a13
public entity and a contractor.14
B. A contractor shall be free from reprisal by the contracting public entity15
if he reports in good faith and upon reasonable suspicion information which he16
believes indicates criminal activity on the part of the contracting public entity if both17
of the following conditions are met:18
(1) He is neither a participant nor co-conspirator in the suspected criminal19
activity; and20 HLS 14RS-1016 ORIGINAL
HB NO. 716
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(2) He has reported such information to either the contracting public entity1
or a law enforcement agency having jurisdiction over the crime. A report for2
purposes of this Paragraph shall mean either of the following activities:3
(a) Disclosure of any suspected criminal activity committed by the4
contracting public entity.5
(b) Cooperation with an investigation or inquiry into suspected criminal6
activity committed by the contracting public entity.7
§2212. Definitions8
For purposes of this Chapter, the following words and phrases shall have the9
following meanings.10
(1) "Contractor" means an independent contractor, or any independent11
contractor of an independent contractor who enters into a contractual relationship,12
including a provider agreement, with a public entity.13
(2) "Crime" or "criminal activity" means any activity defined as criminal in14
the Louisiana Criminal Code, including R.S. 14:118, 120, 122, 122.2, 128.1, 132,15
133, or 141, or in other acts of the Legislature of Louisiana, the Louisiana16
Constitution, or in acts of the United States Congress, or the United States17
Constitution.18
(3) "Public entity" means any agency, board, bureau, committee, council,19
court, department, district, governing authority, government corporation, institution,20
task force, or other instrumentality of the state or any political subdivision of the21
state or of its political subdivisions. "Public entity" shall also include any elected or22
appointed official, employee, officer, or any other type of executive, ministerial,23
administrative, judicial, or legislative official or employee of a public entity.24
(4) "Reprisal" means dismissal; harassment; discrimination; the loss, denial,25
cancellation, or failure to renew a grant, payment, award, license, contract, or26
transaction; sanction; failure to act on a decision or approval; refusal to honor the27
terms of a contract; false claims of breach of contract; or a threat of any of the28
foregoing.29 HLS 14RS-1016 ORIGINAL
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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)]
Henry HB No. 716
Abstract: Establishes protections for certain public contractors.
Proposed law provides that a contractor shall be free from reprisal by the contracting public
entity if the contractor reports in good faith and upon reasonable suspicion, information he
believes indicates criminal activity on the part of the contracting public entity if the
contractor is neither a participant nor co-conspirator in the suspected criminal activity and
he has reported the information to either the contracting public entity or a law enforcement
agency having jurisdiction over the crime.
Proposed law provides definitions for "contractor", "crime or criminal activity", "public
entity", and "reprisal".
Proposed law applies to contracts of any agency, board, bureau, committee, council, court,
department, district, governing authority, government corporation, institution, task force, or
other instrumentality of the state or any political subdivision of the state or of its political
subdivisions. Also included are certain elected or appointed officials.
(Adds R.S. 39:2211 and 2212)