HLS 21RS-525 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 323
BY REPRESENTATIVE GADBERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ARCHITECTS: Provides relative to the selection of architectural and engineering services
1 AN ACT
2To amend and reenact R.S. 38:2318.1(A) and (C), relative to architectural and engineering
3 professional services; to require the selection of architectural and engineering
4 professional services based on competence and qualifications; to prohibit the
5 selection of architectural and engineering professional services based on price; to
6 provide for public records; to provide for applicability; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 38:2318.1(A) and (C) are hereby amended and reenacted to read as
10follows:
11 PART VII-A. LOUISIANA "NO BIDDING OF DESIGN
12 ARCHITECTURAL AND ENGINEERING
13 PROFESSIONAL SERVICES" POLICY
14 ยง2318.1. Louisiana "No Bidding of Design Architectural and Engineering
15 Professional Services" policy
16 A. It is the policy of the state of Louisiana, its political subdivisions, and
17 agencies to select providers of design architectural and engineering professional
18 services on the basis of competence and qualifications for a fair and reasonable price.
19 Neither the state nor any of its political subdivisions or agencies may select providers
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-525 ENGROSSED
HB NO. 323
1 of design services architects, engineers, and landscape architects wherein price or
2 price-related information is a factor in the selection.
3 * * *
4 C. It is the policy of the state of Louisiana that all records, as defined in R.S.
5 44:1(A)(2)(a), involved or dealing with the selection of design architectural and
6 engineering professional services shall be open to the public in accord with the intent
7 of Louisiana Constitution Article XII, Section 3, and R.S. 44:31.
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 323 Engrossed 2021 Regular Session Gadberry
Abstract: Changes the applicability from prohibiting price as a factor in selecting design
professional services to prohibiting price as a factor in selecting architectural and
engineering professional services.
Present law specifies that state policy is to select providers of design professional services
on the basis of competence and qualifications for a fair and reasonable price.
Present law prohibits the selection of design professional services where price or price-
related information is a factor in the selection.
Present law declares that state policy is that all records regarding the selection of design
professional services shall be open to the public in accordance with present law regarding
the right to examine public records.
Proposed law retains present law but changes the applicability from design professional
services to architectural and engineering professional services.
(Amends R.S. 38:2318.1(A) and (C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.