Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB288 Introduced / Bill

                    SLS 16RS-397	ORIGINAL
2016 Regular Session
SENATE BILL NO. 288
BY SENATOR APPEL 
PUBLIC CONTRACTS.  Prohibits a political subdivision from adopting more restrictive
requirements and provides for state preemption. (8/1/16)
1	AN ACT
2 To enact R.S. 38:2211.1 and to repeal R.S. 38:2225.1(B)(2), relative to public contracts; to
3 provide relative to the awarding and performance of contracts for public works; to
4 provide for preemption of state law; to provide certain terms and conditions; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 38:2211.1 is hereby enacted to read as follows: 
8 ยง2211.1. Preemption
9	No political subdivision shall adopt an ordinance setting forth
10 requirements more restrictive than the provisions of this Chapter for the
11 awarding and performance of a public contract. This prohibition shall include
12 an ordinance mandating local or other preferential hiring requirements, not
13 otherwise provided by state law, for a bidder or contractor.  Any ordinance in
14 violation of this Section on its effective date or adopted thereafter shall be
15 deemed preempted by state law and be null and void.
16 Section 3.  R.S. 38:225.1(B)(2) is hereby repealed.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 288
SLS 16RS-397	ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 288 Original 2016 Regular Session	Appel
Present law establishes the Public Bid Law and provides that all public work exceeding the
contract limit provided for in present law shall be let out for bid.
Proposed law provides that no political subdivision shall enact an ordinance mandating local
or other preferential hiring requirements not provided for in present law.
Proposed law provides that any ordinance in violation with proposed law on its effective date
or adopted thereafter shall be deemed preempted by proposed law and shall be null and void.
Effective Aug. 1, 2016.
(Adds R.S. 38:2211.1; repeals R.S. 38:2225.1(B)(2))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.