Louisiana 2016 2016 Regular Session

Louisiana House Bill HB799 Comm Sub / Analysis

                    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)]
HB 799 Engrossed	2016 Regular Session	Jay Morris
Abstract:  Requires contracts subject to the Louisiana Procurement Code, a university pilot
procurement code, and by certain nonprofits shall contain certain information. 
Proposed law deems all state contracts subject to the Louisiana Procurement Code or a university
pilot procurement code, or any contract issued by a nonprofit dependent upon annual appropriations
from the state for debt service or bond defeasance or payments shall be deemed public records for
the purposes of proposed law and requires such contracts contain:
(1)Certification by the contractor that its representatives, officers, directors,  and owners, did
not give anything of value to any employee of the agency, or to a family member, friend, or
business in exchange for the granting of the contract, except for the obligation of the
contract.
(2)Certification by the contractor that the contract is on behalf of the entity itself and not as a
front for another person or entity and there are no counter-letters or other agreements or
understandings as to the true owners of the contractor.
(3)Certification by the contractor that it acknowledges that a contract covered by this Part is a
public record and that filing false public records is a criminal offense under present law,
punishable by imprisonment for not more than five years or a fine of not more than $5,000,
or both. 
(4)An appropriations dependency clause.
Proposed law requires that each professional, personal, consulting, and social services contract shall
contain a provision authorizing the contracting entity to terminate the contract upon 30 days notice
or sooner.
(Adds R.S. 39:1623(C) and 1758)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the original
bill:
1. Remove reference to the LCTCS Facilities Corporation and instead apply proposed law to any nonprofit dependent upon annual appropriations for debt service or bond
defeasance or payments.
2. Remove requirement that the appropriations dependency clause in proposed law contain
specific information.