HLS 17RS-858 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 112
BY REPRESENTATIVE BOUIE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC CONTRACTS: Requires that any contractor who enters into a contract with a
public entity comply with the Louisiana Equal Pay for Women Act
1 AN ACT
2To enact Chapter 27 of Title 39 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 39:2301 through 2304, relative to public contracts; to require compliance
4 with the Louisiana Equal Pay for Women Act; to require that employers who
5 contract with a public entity pay employees equally regardless of sex; to provide for
6 an affidavit certifying compliance; to provide for enforcement and penalties; to
7 provide definitions; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Chapter 27 of Title 39 of the Louisiana Revised Statutes of 1950,
10comprised of R.S. 39:2301 through 2304, is hereby enacted to read as follows:
11 CHAPTER 27. EQUAL PAY IN PUBLIC GOVERNMENT CONTRACTS
12 §2301. Definitions
13 As used in this Chapter, the following terms have the following meanings
14 unless the context clearly indicates otherwise:
15 (1) "Contractor" means any person, firm, association, or corporation that
16 desires to submit a bid for or enter into a contract with the state in return for
17 performing any work or services pursuant to a contract awarded by any state
18 department, office, division, commission, council, board, bureau, committee,
19 institution, agency, government corporation, or other establishment or official of the
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HB NO. 112
1 executive or judicial branches of state government to perform construction or repair
2 work or to provide supplies, materials, or equipment.
3 (2) "Public entity" means any state department, office, division, commission,
4 council, board, bureau, committee, institution, agency, government corporation, or
5 other establishment or official of the executive or judicial branches of state
6 government.
7 §2302. Pay equality; public contracts
8 A. Any contractor who submits a bid or enters into a contract with any public
9 entity shall pay all persons in his employ in compliance with the Louisiana Equal
10 Pay for Women Act, R.S. 23:661 et seq., relative to state employees.
11 B. The provisions of this Section shall apply to all contracts involving the
12 expenditure of public monies regardless of the amount and shall apply to both formal
13 and informal bids.
14 §2303. Affidavit
15 Any contractor who submits a bid or enters into a contract with a public
16 entity shall submit a sworn affidavit to the public entity to attest to all of the
17 following:
18 (1) The contractor's pay practices conform with the pay practices provided
19 in the Louisiana Equal Pay for Women Act for state employees.
20 (2) The contractor shall continue, during the term of the contract, to comply
21 with the Louisiana Equal Pay for Women Act.
22 (3) The contractor shall require every subcontractor to submit to the
23 contractor a sworn affidavit verifying that he is also in compliance with the
24 Louisiana Equal Pay for Women Act.
25 (4) The contractor shall create and preserve records reflecting the name,
26 address, and position of each employee and all wages paid to each employee, and
27 make the records available to the public entity upon reasonable notice and during
28 normal working hours. The records shall be preserved for not less than three years
29 from the completion of the contract.
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HB NO. 112
1 §2304. Penalties
2 A. Any violation of the provisions of this Chapter shall render the contract
3 void.
4 B. Any contractor who violates the provisions of this Chapter, in addition to
5 the revocation of the public contract, is subject to penalties as provided in R.S.
6 23:666.
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 112 Original 2017 Regular Session Bouie
Abstract: Requires that any contractor who enters into a contract with a public entity
comply with the La. Equal Pay for Women Act.
Present law (R.S. 23:661 et seq.) creates the La. Equal Pay for Women Act to provide for
pay equality for women who are employees of any department, office, division, agency,
commission, board, committee, or other organizational unit of the state.
Present law prohibits pay discrimination based on sex and provides for definitions,
procedures, and exceptions, as well as a complaint procedure, damages, and a limitation of
actions.
Proposed law provides for equal pay in public government contracts, which requires any
contractor who enters into a contract with a public entity to comply with the provisions of
present law.
Proposed law provides definitions for "contractor" and "public entity".
Proposed law requires any contractor or subcontractor who enters into a contract with a
public entity to submit an affidavit certifying that he is in compliance with present law.
Proposed law requires the contractor to keep and maintain employee records containing
employee's name, address, position, and wages.
Proposed law provides for penalties for violations of proposed law.
(Adds R.S. 39:2301-2304)
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are additions.