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Regular Session, 2014
SENATE BILL NO. 315
BY SENATOR DONAHUE
PROCUREMENT CODE. Provides relative to group purchasing and cooperative
purchasing provisions of certain public postsecondary education institutions. (7/1/14).
AN ACT1
To enact R.S. 39:196(C) and 1554(J), relative to procurement; to provide relative to group2
purchasing and cooperative purchasing provisions by certain public postsecondary3
education institutions; to provide for an effective date; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 39:196(C) and 1554(J) are hereby enacted to read as follows:7
§196. Application of Part: responsibility for determining; executive director of8
information services9
* * *10
C.(1) Notwithstanding any other provision of law of this Part or any11
other law to the contrary, any public postsecondary education institution12
seeking to utilize its own group purchasing and cooperative purchasing13
procurement provisions shall submit a request for and obtain approval of its14
management board and the Board of Regents.15
(2)(a) The requesting public postsecondary education institution shall16
adopt its own group purchasing and cooperative purchasing procurement17 SB NO. 315
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provisions pursuant to rules and regulations in accordance with the1
Administrative Procedure Act. Notwithstanding the provisions of R.S.2
49:968(B)(19), the rules and regulations promulgated pursuant to this3
Subsection shall be submitted to the Senate Committee on Finance and the4
House Committee on Appropriations for review.5
(b) Such rules shall include provisions for adequate public notice in the6
procurement process.7
(3) Authority of an institution to participate in its own group purchasing8
and cooperative purchasing procurement provisions shall be for an initial term9
of three years. After the initial term, the institution may be authorized to10
participate in its own procurement provisions under this Section for an11
additional term of five years upon approval of the Joint Legislative Committee12
on the Budget.13
(4) A report of all group purchasing or cooperative purchasing contracts14
by each institution authorized under these provisions shall be provided to the15
Joint Legislative Committee on the Budget no later than ninety days after the16
end of each fiscal year. Such report shall, at a minimum, include a17
measurement of the savings derived from the utilization of the group18
purchasing or cooperative purchasing process.19
* * *20
§1554. Application of this Chapter21
* * *22
J. The provisions of this Chapter relative to group purchasing and23
cooperative purchasing procurement shall not apply to any public24
postsecondary education institution if:25
(1) The public postsecondary education institution has requested its own26
group purchasing and cooperative purchasing procurement provisions and has27
been approved by its management board and the Board of Regents.28
(2)(a) The requesting public postsecondary education institution has29 SB NO. 315
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
adopted its own group purchasing and cooperative purchasing procurement1
provisions pursuant to rules and regulations adopted in accordance with the2
Administrative Procedure Act. Notwithstanding the provisions of R.S.3
49:968(B)(19), the rules and regulations promulgated pursuant to this4
Subsection shall be submitted to the Senate Committee on Finance and the5
House Committee on Appropriations for review.6
(b) Such rules shall include provisions for adequate public notice in the7
procurement process.8
(3) Authority of an institution to participate in its own group purchasing9
and cooperative purchasing procurement provisions shall be for an initial term10
of three years. After the initial term, the institution may be authorized to11
participate in its own procurement provisions under this Section for an12
additional term of five years upon approval of the Joint Legislative Committee13
on the Budget.14
(4) A report of all group purchasing or cooperative purchasing contracts15
by each institution authorized under these provisions shall be provided to the16
Joint Legislative Committee on the Budget no later than ninety days after the17
end of each fiscal year. Such report shall, at a minimum, include a18
measurement of the savings derived from the utilization of the group19
purchasing or cooperative purchasing process.20
Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor21
and subsequently approved by the legislature, this Act shall become effective on July 1,22
2014, or on the day following such approval by the legislature, whichever is later.23
The original instrument was prepared by Jay Lueckel. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Ann S. Brown.
DIGEST
Donahue (SB)
Present law provides for the purchase, lease, and rental of all data processing equipment,
related services, and software. Also provides that the state central purchasing agency shall,
subject to certain provisions, have sole authority and responsibility for defining the specific
data processing equipment, related services, and software to which such provisions apply. SB NO. 315
SLS 14RS-272 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that notwithstanding any other provision of proposed law or any
other law to the contrary, any public postsecondary education institution seeking to utilize
its own group purchasing and cooperative purchasing procurement provisions shall submit
a request for and obtain the approval of its management board and the Board of Regents. The
requesting public postsecondary education institution shall adopt rules and regulations in
accordance with the Administrative Procedure Act.
Proposed law provides that notwithstanding the provisions of present law, the rules and
regulations promulgated pursuant to this Subsection shall be submitted to the Senate
Committee on Finance and the House Committee on Appropriations for review. Also
provides that such rules shall include provisions for adequate public notice in the
procurement process.
Proposed law authorizes an institution to participate in its own group purchasing and
cooperative purchasing procurement provisions for an initial term of three years. After the
initial term, the institution may be authorized to participate in its own procurement
provisions for an additional term of five years upon approval of the Joint Legislative
Committee on the Budget.
Proposed law requires a report of all group purchasing or cooperative purchasing contracts
by each institution authorized to be provided to the Joint Legislative Committee on the
Budget no later than 90 days after the end of each fiscal year. Such report shall, at a
minimum, include a measurement of the savings derived from the utilization of the group
purchasing or cooperative purchasing process.
Present law provides for the application of the Louisiana Procurement Code that provides
for the acquisition of supplies, services, leases or major repairs. Present law also provides
for group purchasing and cooperative purchasing by certain entities and with certain
limitations.
Proposed law retains present law but further provides that the Louisiana Procurement Code
provisions relative to group purchasing and cooperative purchasing shall not apply to any
public postsecondary education institution if:
(1)The public postsecondary education institution has requested its own group
purchasing and cooperative purchasing procurement provisions and has been
approved by its management board and the Board of Regents.
(2)The requesting public postsecondary education institution has adopted its own group
purchasing and cooperative purchasing procurement provisions pursuant to rules and
regulations adopted in accordance with the Administrative Procedure Act.
Proposed law provides that notwithstanding the provisions of present law, the rules and
regulations promulgated pursuant to this Subsection shall be submitted to the Senate
Committee on Finance and the House Committee on Appropriations for review. Also
provides that such rules shall include provisions for adequate public notice in the
procurement process.
Proposed law authorizes an institution to participate in its own group purchasing and
cooperative purchasing procurement provisions for an initial term of three years. After the
initial term, the institution may be authorized to participate in its own procurement
provisions for an additional term of five years upon approval of the Joint Legislative
Committee on the Budget.
Proposed law requires a report of all group purchasing or cooperative purchasing contracts
by each institution authorized to be provided to the Joint Legislative Committee on the
Budget no later than 90 days after the end of each fiscal year. Such report shall, at a
minimum, include a measurement of the savings derived from the utilization of the group SB NO. 315
SLS 14RS-272 REENGROSSED
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words in boldface type and underscored are additions.
purchasing or cooperative purchasing process.
Effective July 1, 2014.
(Adds R.S. 39:196(C) and 1554(J))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Adds language regarding specific procedures for any rules and regulations
promulgated pursuant to proposed law relative to group purchasing and
cooperative purchasing.
2. Provides length of time for group purchasing and cooperative purchasing.
3. Requires a report be submitted to the Joint Legislative Committee on the
Budget.