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 565 Original 2019 Regular Session Jay Morris
Abstract: Creates a selection process for licensed design professionals to secure proposed local
projects.
Proposed law requires that any local government agency intending to contract design professional
services for a proposed local project advertise the project, accept applications, and hold a public
hearing prior to selection.
Proposed law requires that preference be given to applicants domiciled and licensed in the state,
quality being equal to those applicants outside of the state.
Proposed law defines "local government agency" or "agency" as any parish, municipality,
department, office, agency, board, commission, council, district, governing authority, committee,
subcommittee, advisory board, task force, instrumentality of a political subdivision, or any other unit
of local government with authority to select a licensed design professional for a proposed local
project.
Proposed law defines "municipality" as any city, town, or village.
Proposed law requires that a local government agency seeking design professional services advertise
on two separate days in the local newspaper where the local project is located. The notice must
include the following information:
(1)The professional service required.
(2)The name, location, and user agency for which the professional service is required.
(3)The deadline, which shall be at least 30 days after the advertisement is made public, and
instructions for the design professional to submit applications.
(4)A general description of the proposed project and the availability of details upon request.
(5)The time frame for desired completion.
(6)The project budget.
(7)The application fee, which shall be determined by the local government agency. Proposed law authorizes any interested licensed design professional to submit, to the appropriate
agency, in addition to the application, additional relevant information or data that may not be
contained in the application, including but not limited to the following:
(1)Experience.
(2)Previous projects undertaken.
(3)Present projects being performed by him or his firm for an agency.
(4)Scope and amount of work on hand.
(5)Names of key personnel who may be assigned to the project.
(6)Any other information that may be appropriate in selecting a person for the proposed project
under consideration.
Proposed law authorizes the agency to create standard forms for submission of such data.
Proposed law requires the agency conduct a public hearing to receive any additional information,
hear public comment, and vote to select the desired licensed design professional for the project and
requires that notice of the hearing be published in the local newspaper not less than 15 days prior to
the set hearing date and include the date, time, and place fixed for the hearing.
Proposed law requires that the agency promulgate rules and regulations as are necessary, in
conjunction with the La. Chapter of the American Institute of Architects, to implement the
provisions of proposed law.
Proposed law requires each contract entered into by an agency for design professional services
contain a prohibition against contingent fees that reads: "The person performing the professional
services warrants that he has not employed or retained by any company or person, other than a bona
fide employee working solely for him, to solicit or secure this agreement, and that he has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for him, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this agreement. If a breach or violation
of this provision occurs then the agency has the right to terminate the agreement without liability
and, at its discretion, deduct from the contract price, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration."
Proposed law prohibits a contract for professional services from being granted to any person,
corporation, firm, association, or other organization refusing to execute the affidavit required by
present law.
Proposed law establishes that any individual, corporation, partnership, firm, or company, other than
a bona fide employee of the person performing the professional service, acting on behalf of his employer, who offers, agrees, or contracts to solicit or secure agency contracts for professional
services for any other individual, company, corporation, partnership, or firm and to be paid, or is
paid, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or the making of a contract for professional services, will be fined not more than
$10,000, or imprisoned for not more than one year, or both. Any such person or any group,
association, company, corporation, firm, or partnership thereof, who offers to pay, or pay, any fee,
commission, percentage, gift, or any other consideration contingent upon, or resulting from, the
award or making of any agency contract for professional services, will be fined not more than
$10,000, or imprisoned for not more than one year, or both.
Proposed law establishes that any agency official or board member or employee of either who offers
to solicit or secure, or solicits or secures, a contract for professional services and is to be paid, or is
paid, any fee, commission, percentage, gift, or any other consideration, contingent upon the award
or making of such a contract for professional services between an agency and any individual person,
company, firm, partnership, or corporation, will be guilty of public bribery as provided in present
law.
Proposed law specifies that in addition to the penalties provided in proposed law , any person who
is in violation of any of the prohibitions listed in proposed law and who is licensed by any regulatory
or professional board to practice his trade, profession, or vocation in this state, will have his license
suspended for not less than one year, nor more than 10 years, by the licensing authority.
(Adds R.S. 38:2201-2203)