HLS 16RS-2621 ENGROSSED
2016 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 129
BY REPRESENTATIVE ZERINGUE
LEVEES: Urges and requests the Louisiana State Law Institute to study the issue of
preferences for Louisiana contractors for public works contracts
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana State Law Institute to study the issue of preferences in
3 favor of Louisiana contractors for contracts related to integrated coastal protection
4 projects contracts and to report the findings, in writing, to the Senate and House
5 committees on transportation, highways and public works and the member of the
6 House of Representatives representing District 52.
7 WHEREAS, the Louisiana State Law Institute is partially purposed to conduct
8special research for the Legislature and its individual members, at their request, on matters
9of legislative interest; and
10 WHEREAS, generally, Louisiana’s resident preference statutes, R.S. 39:1604.2, and
11R.S. 38:2225, require preference be given to a contractor domiciled in the state of Louisiana
12over a contractor domiciled in a state that provides for a preference, percentage or otherwise,
13in favor of its state’s contractors over Louisiana contractors for the same type of work; and
14 WHEREAS, R.S. 49:214.2 defines integrated coastal protection as plans, projects,
15policies, and programs intended to provide hurricane protection or coastal conservation or
16restoration, and shall include but not be limited to coastal restoration; coastal protection;
17infrastructure; storm damage reduction; flood control; water resources development; erosion
18control measures; marsh management; diversions; saltwater intrusion prevention; wetlands
19and central wetlands conservation, enhancement, and restoration; barrier island and shoreline
20stabilization and preservation; coastal passes stabilization and restoration; mitigation; storm
21surge reduction; or beneficial use projects; and
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HCR NO. 129
1 WHEREAS, Louisiana is leading the country for efforts in coastal restoration and
2technology and advancement and also in terms of the economy and ability to create jobs and
3salaries; and
4 WHEREAS, nonresident contractors have completed work in the state of Louisiana
5which resulted in expenditures, cost overruns, and change orders due to a lack of familiarity
6with Louisiana's habitat and environment; and
7 WHEREAS, the state of Louisiana invests over five hundred million dollars per year
8in coastal restoration and protection of the Louisiana coast and as such, the state should be
9receiving the maximum benefit for its investment; and
10 WHEREAS, resident contractors who possess indigenous environmental knowledge
11which could yield cost savings to the state should be afforded an increased opportunity to
12have a share in the investment and take advantage of the opportunity presented to the state.
13 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
14urge and request the Louisiana State Law Institute to study the issue of preference given to
15Louisiana contractors on contracts for integrated coastal protection projects.
16 BE IT FURTHER RESOLVED, in studying the issue of preference in certain
17integrated coastal protection projects, the Louisiana State Law Institute shall consider and
18determine the following:
19 (1) Whether, in letting contracts for public work for integrated coastal protection
20projects by any public entity, except contracts financed in whole or in part by contributions
21or loans from any agency of the United States government, preference shall be given to
22Louisiana resident contractors over nonresident contractors?
23 (2) Whether, when competitive bidding is not required, a contract for integrated
24coastal protection projects shall be awarded to a Louisiana resident contractor, if there is one
25available with the expertise required for the specific job?
26 (3) Whether, when competitive bidding is required by law, a contract for integrated
27coastal protection projects shall be awarded to the Louisiana resident contractor making the
28lowest responsible bid, if the bid is not more than ten percent higher than the lowest
29responsible nonresident bid and the resident contractor agrees to revise his bid to be no more
30than the lowest responsible nonresident bid?
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HCR NO. 129
1 (4) What effect a strict preference law will have on resident contractors working
2outside of the state of Louisiana?
3 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall complete
4a study, which shall also consider any advantages or disadvantages of granting a preference
5to Louisiana resident contractors on contracts for integrated coastal protection projects, and
6address the competitive bidding process on contracts for integrated coastal protection
7projects.
8 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall complete
9a written report addressing the issues with granting a preference to Louisiana contractors on
10contracts for integrated coastal protection projects considering competitive bidding.
11 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
12the report to the Senate and House committees on transportation, highways and public works
13and to the member of the House of Representatives representing District 52 on or before
14February 1, 2017.
15 BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the
16president of the Louisiana State Law Institute.
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)]
HCR 129 Engrossed 2016 Regular Session Zeringue
Urges and requests the La. State Law Institute to study the issue of preference in favor of La.
contractors, over nonresident contractors, for contracts related to integrated coastal
protection projects.
Requires the La. State Law Institute to submit a written report to the Senate and House
committees on transportation, highways and public works and to the member of the House
of Representatives representing District 52 on or before Feb. 1, 2017.
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