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 Reengrossed 2020 Regular Session Mike Johnson
Abstract: Provides relative to sharing of equipment and personnel between local governments for
authorized activities and functions.
Present constitution prohibits the state and political subdivisions from loaning, pledging, or donating
funds, credit, property, or things of value to other persons or entities. Provides exceptions, one of
which is the donation of the use of public equipment and personnel by a political subdivision upon
request to another political subdivision for an activity or function the requesting political subdivision
is authorized to exercise.
Present law provides for the sharing of public equipment between public entities provided that both
entities have entered into a cooperative endeavor agreement.
Proposed law provides instead for the donation of the use of public equipment and the utilization of
personnel between political subdivisions provided that both parties execute a written agreement.
Present law requires that the cooperative endeavor agreement include the following regarding
equipment:
(1)Identify the equipment that will be shared.
(2)Explain the use of the equipment and the approximate length of time for use.
(3)Responsibility for repairing or replacing the equipment.
(4)A hold harmless provision.
Proposed law retains present law with respect to the written agreement and also requires that it
include provision for compulsory insurance.
Proposed law requires that the written agreement include the following regarding personnel:
(1)Identity and employment position of employee.
(2)Delineation of responsibility for worker's compensation and employment liability insurance
coverage. (3)Responsibility for pay and reporting of earnings.
(4)Whether the employee is a direct or borrowed employee.
(5)Hold harmless and indemnification provision.
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.
Present law defines "public entities" 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, which is defined by present constitution as a parish, municipality, and any other unit
of local government, including a school board and a special district, authorized by law to perform
governmental functions.
(Amends R.S. 33:4712.18)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill.
1. Specify that agreements will provide for utilization of personnel rather than use of
personnel.