SLS 19RS-226 REENGROSSED
2019 Regular Session
SENATE BILL NO. 233
BY SENATOR GARY SMITH
PUBLIC WORKS. Increases "contract limit" that requires public bid for public work related
to drainage projects done by regular maintenance employees in St. Charles Parish. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 38:2212(C)(1) and to enact R.S. 38:2212(C)(4), relative to public
3 works projects let by St. Charles Parish; to raise the threshold dollar amount that
4 requires a public bid; and to provide for related matters.
5 Notice of intention to introduce this Act has been published.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 38:2212(C)(1) is hereby amended and reenacted and R.S.
8 38:2212(C)(4) is hereby enacted to read as follows:
9 §2212. Advertisement and letting to lowest responsible and responsive bidder;
10 public work; electronic bidding; participation in mentor-protégé
11 program; exemptions
12 * * *
13 C.(1) Except as provided in Paragraphs (2), and (3), and (4) of this
14 Subsection, the term "contract limit" as used herein in this Section shall be equal to
15 the sum of one hundred fifty thousand dollars per project, including labor, materials,
16 and equipment as per the rates in the latest edition of the Associated Equipment
17 Dealers Rental Rate Book and administrative overhead not to exceed fifteen percent,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 19RS-226 REENGROSSED
1 provided that beginning February 1, 2015, and annually on February first of each
2 subsequent year, the office of facility planning and control within the division of
3 administration shall adjust the "contract limit" by an amount not to exceed the annual
4 percentage increase in the Consumer Price Index in the preceding year. The office
5 of facility planning and control within the division of administration shall publish the
6 new contract limit for public works contracts in the Louisiana Register in January of
7 each year.
8 * * *
9 (4) For public work related to drainage projects to be done by the
10 regular maintenance employees of the St. Charles Parish governing authority,
11 the term "contract limit" shall be equal to the sum of two hundred fifty
12 thousand dollars per project, including labor, materials, and equipment as per
13 the rates in the latest edition of the Associated Equipment Dealers Rental Rate
14 Book and administrative overhead not to exceed fifteen percent, provided that
15 beginning February 1, 2021, and annually on February first of each subsequent
16 year, the office of facility planning and control within the division of
17 administration shall adjust the "contract limit" by an amount not to exceed the
18 annual percentage increase in the Consumer Price Index in the preceding year.
19 The office of facility planning and control within the division of administration
20 shall publish the new contract limit for public works contracts let by the
21 St. Charles Parish governing authority in the Louisiana Register in January of
22 each year beginning in January 2021. The provisions of this Paragraph shall
23 terminate on June 30, 2020.
24 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
SB 233 Reengrossed 2019 Regular Session Gary Smith
Present law provides that all public work exceeding the contract limit, including labor and
materials, to be done by a public entity shall be advertised and let by contract to the lowest
responsible and responsive bidder who bid according to the bidding documents as
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 19RS-226 REENGROSSED
advertised, and that no such public work shall be done except as provided in present law.
Present law provides, with certain exceptions, that the term "contract limit" shall be equal
to the sum of $150,000 per project, including labor, materials, and equipment as per the rates
in the latest edition of the Associated Equipment Dealers Rental Rate Book and
administrative overhead not to exceed 15%. Provides that beginning February 1, 2015, and
annually on February 1st of each subsequent year, the office of facility planning and control
within the division of administration shall adjust the "contract limit" by an amount not to
exceed the annual percentage increase in the Consumer Price Index in the preceding year.
The contract limit published in the Louisiana Register in the January 2019 edition is
$157,700.
Proposed law provides an exception to the "contract limit" definition for public work related
to drainage projects to be done by regular maintenance employees of the St. Charles Parish
governing authority. Provides that the term "contract limit" shall be equal to the sum of
$250,000 per project, including labor, materials, and equipment as per the rates in the latest
edition of the Associated Equipment Dealers Rental Rate Book and administrative overhead
not to exceed 15%. Provides that beginning February 1, 2021, and annually on February 1st
of each subsequent year, the office of facility planning and control within the division of
administration shall adjust the "contract limit" by an amount not to exceed the annual
percentage increase in the Consumer Price Index in the preceding year. The office of facility
planning and control within the division of administration shall publish the new contract
limit for public works contracts let by the St. Charles Parish governing authority in the
Louisiana Register in January of each year.
Proposed law sunsets "contract limit" exception for St. Charles Parish on June 30, 2020.
Effective August 1, 2019.
(Amends R.S. 38:2212(C)(1); adds R.S. 38:2212(C)(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Adds that "contract limit" exception of $250,000 applies to public work
related to drainage projects to be done by the regular maintenance employees
of the St. Charles Parish governing authority.
2. Sunsets "contract limit"exception for St. Charles Parish drainage projects on
June 30, 2020.
3. Removes and retains present law provisions that allow public entities to use
regular maintenance employees for labor in the maintenance, construction,
or extension of publicly owned and operated utilities.
Floor Amendments to the engrossed bill
1. Makes legislative bureau technical corrections.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.