SLS 23RS-198 ORIGINAL
2023 Regular Session
SENATE BILL NO. 93
BY SENATOR BOUIE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT. Requires that any contractor who enters into a contract with a public
entity comply with the Louisiana Equal Pay for Women Act. (8/1/23)
1 AN ACT
2 To enact Chapter 27 of Title 39 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 39:2301 through 2304, relative to public contracts; to require compliance
4 with the Louisiana Equal Pay for Women Act; to require that employers who
5 contract with a public entity pay employees equally regardless of sex; to provide for
6 an affidavit certifying compliance; to provide for enforcement and penalties; to
7 provide definitions; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Chapter 27 of Title 39 of the Louisiana Revised Statutes of 1950,
10 comprised of R.S. 39:2301 through 2304, is hereby enacted to read as follows:
11 CHAPTER 27. EQUAL PAY IN PUBLIC GOVERNMENT CONTRACTS
12 §2301. Definitions
13 As used in this Chapter, the following terms have the following meanings
14 unless the context clearly indicates otherwise:
15 (1) "Contractor" means any person, firm, association, or corporation
16 that desires to submit a bid for or enter into a contract with the state in return
17 for performing any work or services pursuant to a contract awarded by any
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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. 93
SLS 23RS-198 ORIGINAL
1 state department, office, division, commission, council, board, bureau,
2 committee, institution, agency, government corporation, or other establishment
3 or official of the executive or judicial branches of state government to perform
4 construction or repair work or to provide supplies, materials, or equipment.
5 (2) "Public entity" means any state department, office, division,
6 commission, council, board, bureau, committee, institution, agency, government
7 corporation, or other establishment or official of the executive or judicial
8 branches of state government.
9 §2302. Pay equality; public contracts
10 A. Any contractor who submits a bid or enters into a contract with any
11 public entity shall pay all persons in his employ in compliance with the
12 Louisiana Equal Pay for Women Act, R.S. 23:661 et seq., relative to state
13 employees.
14 B. The provisions of this Section shall apply to all contracts involving the
15 expenditure of public monies regardless of the amount and shall apply to both
16 formal and informal bids.
17 §2303. Affidavit
18 Any contractor who submits a bid or enters into a contract with a public
19 entity shall submit a sworn affidavit to the public entity to attest to all of the
20 following:
21 (1) The contractor's pay practices conform with the pay practices
22 provided in the Louisiana Equal Pay for Women Act for state employees.
23 (2) The contractor shall continue, during the term of the contract, to
24 comply with the Louisiana Equal Pay for Women Act.
25 (3) The contractor shall require every subcontractor to submit to the
26 contractor a sworn affidavit verifying that he is also in compliance with the
27 Louisiana Equal Pay for Women Act.
28 (4) The contractor shall create and preserve records reflecting the name,
29 address, and position of each employee and all wages paid to each employee,
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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. 93
SLS 23RS-198 ORIGINAL
1 and make the records available to the public entity upon reasonable notice and
2 during normal working hours. The records shall be preserved for not less than
3 three years from the completion of the contract.
4 §2304. Penalties
5 A. Any violation of the provisions of this Chapter shall render the
6 contract void.
7 B. Any contractor who violates the provisions of this Chapter, in
8 addition to the revocation of the public contract, is subject to penalties as
9 provided in R.S. 23:666.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Yoursheka Butler.
DIGEST
SB 93 Original 2023 Regular Session Bouie
Present law creates the La. Equal Pay for Women Act to provide for pay equality for women
who are employees of any department, office, division, agency, commission, board,
committee, or other organizational unit of the state.
Present law prohibits pay discrimination based on sex and provides for definitions,
procedures, and exceptions, as well as a complaint procedure, damages, and a limitation of
actions.
Proposed law provides for equal pay in public government contracts, which requires any
contractor who enters into a contract with a public entity to comply with the provisions of
present law.
Proposed law provides definitions for "contractor" and "public entity".
Proposed law requires any contractor or subcontractor who enters into a contract with a
public entity to submit an affidavit certifying that he is in compliance with present law.
Proposed law requires the contractor to keep and maintain employee records containing
employee's name, address, position, and wages.
Proposed law provides for penalties for violations of proposed law.
Effective August 1, 2023.
(Adds R.S. 39:2301-2304)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.