SLS 16RS-397 REENGROSSED
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. However, this
14 prohibition shall not include any ordinance requiring a bidder or contractor to
15 have certain policies or practices related to discrimination. Any ordinance in
16 violation of this Section on its effective date or adopted thereafter shall be
17 deemed preempted by state law and be null and void.
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 REENGROSSED
1 Section 2. R.S. 38:2225.1(B)(2) is hereby repealed.
The original instrument was prepared by Margaret M. Corley. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by McHenry Lee.
DIGEST
SB 288 Reengrossed 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 prohibits political subdivision from enacting an ordinance mandating local or
other preferential hiring requirements not provided for in present law. Further provides that
such prohibition will not include any ordinance requiring a bidder or contractor to have
certain policies or practices related to discrimination.
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 August 1, 2016.
(Adds R.S. 38:2211.1; repeals R.S. 38:2225.1(B)(2))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Makes technical corrections.
Senate Floor Amendments to engrossed bill
1. Adds anti-discrimination provision exemption.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.