Louisiana 2017 2017 Regular Session

Louisiana House Bill HB139 Comm Sub / Analysis

                    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 139 Original	2017 Regular Session	McFarland
Abstract:  Requires prior actions of the Joint Legislative Committee on the Budget (JLCB) for
certain requests for proposals (RFPs), contracts, and cooperative endeavor agreements over
$15 million.  
Proposed law requires prior review and approval of the JLCB of (RFPs) for professional, personal,
consulting, or social services contracts of more than $15 million.  
Proposed law requires prior review, but not approval, by the JLCB of RFPs for professional,
personal, or consulting services contracts of  more than $15 million which must be approved by the
U.S. Dept. of Health and Human Services, Centers for Medicare and Medicaid Services (CMS). 
Proposed law prohibits the entering into of any professional, personal, consulting, or social services
contract with a total maximum compensation of $15 million after Aug. 1, 2017, unless it has been
reviewed and approved by the JLCB.
Proposed law prohibits dividing or separating RFPs or contracts to circumvent the requirements of
proposed law.  Requires review and approval of the JLCB of any subsequent or amended contract
with the same party for the same purpose as the existing contract which causes payment to the party
to exceed $15 million.
Present law (R.S. 39:366.11) provides for reporting to the JLCB for cooperative endeavor
agreements expected to result in any nonpublic party to the agreement generating or expending
revenue of $1 million or more.  
Present law requires the agency entering into the agreement to submit certain information to the
JLCB.  Further authorizes the JLCB to prohibit the state agency from entering into a cooperative
endeavor agreement for failure to provide the information required in present law.
Proposed law retains present law and additionally requires JLCB approval for the state to enter into
any cooperative endeavor agreement expected to result in any nonpublic party to the agreement
generating or expending revenue of $15 million or more, or which would result in the state
expending or appropriating $15 million or more.  Further, after Aug. 1, 2017, the state is prohibited
from appropriating or expending $15 million or more for a cooperative endeavor agreement unless
it has been reviewed and approved by the JLCB.
(Amends R.S. 39:366.11(A)(1)(a)(i) and (3); Adds R.S. 39:1603.1)