HLS 20RS-656 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 590
BY REPRESENTATIVE MIKE JOHNSON
PUBLIC LANDS/STATE: Provides relative to the donation of equipment and personnel
between two political subdivisions
1 AN ACT
2To amend and reenact R.S. 33.4712.18, relative to the donation of equipment and personnel
3 between political subdivisions; to require a written agreement between political
4 subdivisions; to identify the requirements of the written agreement; and to provide
5 for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 33.4712.18 is hereby amended and reenacted to read as follows:
8 ยง4712.18. Sharing Donation of equipment and personnel between public entities
9 political subdivisions
10 A.(1) Notwithstanding any other provisions of law to the contrary, As set
11 forth in Article 7, Section 14(B)(14) of the Constitution of Louisiana, public entities
12 political subdivisions may share donate the use of public equipment and personnel
13 with another public entity political subdivision for an activity or function the
14 requesting political subdivision is authorized to exercise, without having to expend
15 funds for such use, provided that both entities have executed a cooperative endeavor
16 written agreement for the use of the equipment or personnel.
17 (2) The cooperative endeavor written agreement shall set forth in reasonable
18 detail the obligations of the parties and shall: the following:
19 (a) Identify the equipment that will be shared.
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HB NO. 590
1 (b) Explain the use of the equipment and the approximate length of time for
2 use of the equipment by the requesting public entity.
3 (c) Address Provide for the responsibility for repairing or replacing the
4 equipment when the equipment becomes inoperable for its intended use due to a
5 mechanical or other breakdown while in the possession of the requesting public
6 entity.
7 (d) Include a hold harmless provision releasing the lending public entity
8 from expenses, damages, or losses arising from the use of the equipment.
9 (e) Provide for responsibility to maintain in force and effect any and all
10 compulsory policies of insurance mandated by state law.
11 (3) With respect to personnel, the written agreement shall provide:
12 (a) Identity and employment position of employee.
13 (b) Delineation of responsibility for worker's compensation and employment
14 liability insurance coverage.
15 (c) Responsible entity for issuance of pay and reporting of earnings to
16 appropriate federal and state authorities.
17 (d) Whether the employee is a direct or borrowed employee of the respective
18 political subdivisions.
19 (e) Include hold harmless and indemnification provision relating to damages
20 arising out of or connected with the activities of the employee.
21 (3)(a) When an emergency situation is declared and public entities need to
22 share equipment, the provisions of Paragraph (1) of this Subsection are not required,
23 provided the public entities share the equipment in good faith relative to the
24 emergency situation.
25 (b) The Governor's Office of Homeland Security and Emergency
26 Preparedness may coordinate the sharing of equipment between the public and
27 private entities in order to meet the needs of an emergency or disaster pursuant to
28 R.S. 29:724.
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HB NO. 590
1 B. For the purposes of this Section, "public entities" means: (a) state boards,
2 agencies or commissions, parishes, municipalities, city parish, and other local school
3 boards and districts, levee boards and districts, port boards and commissions, port,
4 harbor, and terminal and industrial districts, drainage and land reclamation districts,
5 all special service districts including but not limited to road, water, sewage, fire
6 protection, recreation, hospital service, and gas utility districts; (b) all other political
7 subdivisions, special authorities, commissions, public trusts, and boards heretofore
8 or hereafter created by or pursuant to the constitution or statutes of the state, any
9 laws incorporated into or ratified or confirmed by the constitution, or general or
10 special charters of any parish or municipality; and (c) all other units of local
11 government created by or governed by the governing authorities of parishes or
12 municipalities.
13 C. B. The provisions of R.S. 33:2337 and 2338 shall supercede and control
14 in the event of conflict with the provisions of this Section.
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 590 Original 2020 Regular Session Mike Johnson
Abstract: Requires a written agreement with provisions for the sharing of equipment and
personnel between political subdivisions for authorized activities and functions.
Present law defines "public entities" in Subsection (B) as state boards, agencies or
commissions, parishes, municipalities, city parish, and other local school boards and
districts, levee boards and districts, port boards and commissions, port, harbor, and terminal
and industrial districts, drainage and land reclamation districts, all special service districts
including but not limited to road, water, sewage, fire protection, recreation, hospital service,
and gas utility districts; all other political subdivisions, special authorities, commissions,
public trusts, and boards heretofore or hereafter created by or pursuant to the constitution or
statutes of the state, any laws incorporated into or ratified or confirmed by the constitution,
or general or special charters of any parish or municipality; and all other units of local
government created by or governed by the governing authorities of parishes or
municipalities.
Proposed law repeals present law and makes present law and proposed law applicable to
"political subdivisions" as defined in Article 6, Section 44(2) of the Constitution of
Louisiana.
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HB NO. 590
Present law provides for the sharing of public equipment between public entities provided
that both entities have entered into a cooperative endeavor agreement with provisions
concerning the use and maintenance of borrowed equipment.
Proposed law provides for the donation of the use of public equipment and personnel
between political subdivisions provided that both parties execute a written agreement with
provisions concerning use and maintenance of borrowed equipment and compensation of
borrowed personnel.
Proposed law requires the requesting political subdivision to acquire authorization for any
activity or function that requires equipment and personnel to be donated on behalf of another
public entity.
Present law provides for the donation of equipment in emergency situations and which
agencies are authorized to coordinate these donations. Proposed law repeals present law.
(Amends R.S. 33.4712.18)
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