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