Louisiana 2019 2019 Regular Session

Louisiana House Bill HB333 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 333 Reengrossed 2019 Regular Session	Connick
Abstract:  Creates the State Use Council for the Purchase of Goods and Services Provided by
Individuals with Disabilities for the coordination and facilitation of purchases of goods
manufactured and services performed by individuals with disabilities through a supported
employment provider.
Present law provides for the preference of goods manufactured or services performed by individuals
with severe disabilities in state-operated and state-supported sheltered workshops, establishes the
exemption from competitive bidding requirements, and provides for certain definitions.  Present law
further provides for the creation of a council by the La. Department of Health (LDH) whose
membership is determined by the secretary of LDH to coordinate and facilitate the provisions of
present law, and provides the council with authority to designate and contract with a central
nonprofit agency. 
Proposed law retains present law but changes the preference from individuals with severe disabilities
to individuals with disabilities through supported employment providers.  Proposed law retains
present law for exemptions from the competitive bidding requirement provided the goods and
services are equal in quality and reasonable in the rate charged based on goods and services available
from other providers. 
Proposed law retains present law but renames the council the "State Use Council for the Purchase
of Goods and Services Provided by Individuals with Disabilities" and provides for the council to
solicit and evaluate competitive sealed proposals at least every five years to designate and contract
with a central nonprofit agency. 
Proposed law adds definitions for "individuals with disabilities" and "supported employment
provider" and repeals certain definitions.  Proposed law provides for "supporting employment
provider" to include "sheltered workshops" transitioning into a "supporting employment provider"
for fiscal years 2019-2020 and 2020-2021.
Present law provides for sheriffs to place inmates in work release programs including in sheltered
workshops, and provides for tax credits and exemptions for sheltered workshops.
Proposed law retains present law and adds "supported employment providers" throughout present
law.
Effective July 1, 2019. (Amends R.S. 15:711(B) and 1111(B), R.S. 38:2261, R.S. 39:1594(J)(1) and 1604.4, and R.S.
47:34(C)(2)(d)(i), 287.749(C)(2)(d)(i), 302(BB)(95), 305.38, 321(P)(95), 321.1(I)(95), 331(V)(95),
and 337.9(D)(17); Repeals R.S. 23:3024 and 3025 and R.S. 39:1554(D)(1)(b))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the original
bill:
1. Technical correction to reinstate "sheltered workshops" to present law for work release
programs, job credits, and tax exemptions. 
The House Floor Amendments to the engrossed bill:
1. Make technical corrections.
2. Add sensory to the list of disabilities. 
3. Change the percentage of man-hours of direct labor from 25% to 40% in the definition
of "goods manufactured and services performed by individuals with disabilities".
4. Change the definition of "supported employment provider" to include nonprofit
organizations, programs or entities in  compliance with a central nonprofit agency for
individuals with disabilities. 
5. Repeal provisions regarding the sheltered industries program for individuals who are
blind.