HLS 16RS-886 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 799
BY REPRESENTATIVE JAY MORRIS
PUBLIC CONTRACTS: Requires certain information be included in all state contracts and
certain state-related contracts
1 AN ACT
2To enact R.S. 39:1623(C) and Part X of Chapter 17 of Subtitle III of Title 39 of the
3 Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:1758, relative to
4 public contracts; to require certain information be included in all state contracts and
5 certain state-related contracts; to require certain information be included in contracts
6 for professional, personal, consulting, and social services contracts; and to provide
7 for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 39:1623(C) and Part X of Chapter 17 of Subtitle III of Title 39 of the
10Louisiana Revised Statutes of 1950, comprised of R.S. 39:1758, are hereby enacted to read
11as follows:
12 §1623. Certification by using agency
13 * * *
14 C. In addition to the certifications required in Subsections A and B of this
15 Section, any using agency seeking to enter into any contract shall certify that the
16 contract contains information required by R.S. 39:1758.
17 * * *
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are additions. HLS 16RS-886 ENGROSSED
HB NO. 799
1 PART X. REQUIREMENTS OF CONTRACTS
2 §1758. Contract fiscal controls
3 A. Any contract subject to the provisions of this Chapter, a university pilot
4 procurement code, or issued by any nonprofit dependent upon annual appropriations
5 from the state for debt service or for bond defeaseance or payments, all of which
6 shall be deemed a public record for purposes of this Part and R.S. 14:133, shall
7 contain the following provisions:
8 (1) Certification by the contractor that the contractor, its representatives,
9 officers, directors, and owners, did not give anything of value to any employee of the
10 agency, or to a family member, friend, or business in exchange for the granting of
11 the contract, except for the obligation of the contract.
12 (2) Certification by the contractor that the contract is on behalf of the entity
13 itself and not as a front for another person or entity and there are no counter-letters
14 or other agreements or understandings as to the true owners of the contractor.
15 (3) Certification by the contractor that it acknowledges that a contract
16 covered by this Part is a public record and that filing false public records including
17 any document containing a false statement or false representation of a material fact
18 for record in any public office or with any public official, with knowledge of its
19 falsity, is a criminal offense under state law R.S. 14:133, punishable by
20 imprisonment for not more than five years or a fine of not more than five thousand
21 dollars, or both.
22 (4) An appropriations dependency clause.
23 B. Each professional, personal, consulting, and social services contract shall
24 contain a provision authorizing the contracting entity to terminate the contract upon
25 thirty days notice or sooner.
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are additions. HLS 16RS-886 ENGROSSED
HB NO. 799
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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.