Louisiana 2024 2024 Regular Session

Louisiana House Bill HB555 Engrossed / Bill

                    HLS 24RS-394	REENGROSSED
2024 Regular Session
HOUSE BILL NO. 555
BY REPRESENTATIVE DESHOTEL
PUBLIC CONTRACT/BIDS:  Provides relative to certain bid requirements for garbage
collection contracts
1	AN ACT
2To amend and reenact R.S. 33:4169.1(A), relative to parish and municipal garbage
3 collection; to provide relative to contracts for such garbage collection; to provide for
4 definitions; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 33:4169.1(A) is hereby amended and reenacted to read as follows:
7 ยง4169.1.  Municipal and parish authority over collection and disposal of garbage and
8	trash; franchising, permitting, and licensing; assessment and collection of
9	service charge
10	A.(1)  The governing authority of every parish or municipality shall have the
11 following powers:
12	(1) (a)  To engage in the collection and disposal of garbage and trash within
13 its jurisdiction in cooperation with, or to the exclusion of, other garbage and trash
14 collectors.
15	(2) (b)  To grant permits, licenses, exclusive or nonexclusive franchises,
16 exclusive contracts, or any combination thereof to garbage and trash collectors and
17 disposers.  Any exclusive franchise shall be granted only after advertising for bids,
18 reception of bids, and awarding of the contract or contracts in accordance with the
19 public bid laws of the state and other provisions of law.
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CODING:  Words in struck through type are deletions from existing law; words underscored
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HB NO. 555
1	(3) (c)  To enter into time contracts for the collection and transportation of
2 garbage or trash for a term of up to ten years, and for disposal of garbage or trash for
3 a term of up to twenty-five years.
4	(4) (d)  To assess a service charge against any person provided any service
5 pursuant to Paragraphs (1) or (2). Subparagraph (a) or (b) of this Paragraph. 
6 However, in the parishes of Lafourche, Vermilion, Rapides, and Washington, such
7 charge shall be imposed only after the question of its imposition has been submitted
8 to the qualified electors of the parish at an election to be conducted in accordance
9 with the general election laws of the state, and a majority of those voting in the
10 election shall have voted in favor of the imposition of the charge.
11	(5) (e)  To otherwise regulate the collection and disposal of garbage and
12 trash.
13	(2)  The term "exclusive contract" for purposes of this Subsection shall mean
14 a written agreement for the collection and disposal of garbage and trash throughout
15 the entirety of the territorial jurisdiction of the respective parish or municipality.
16	*          *          *
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 555 Reengrossed 2024 Regular Session	Deshotel
Abstract:  Provides relative to contracts for the collection and disposal of garbage and trash
in parishes and municipalities.
Present law grants parish and municipal governing authorities certain powers with respect
to the collection and disposal of garbage and trash including but not limited to the following:
(1)To engage in the collection and disposal of garbage and trash within its jurisdiction
to the exclusion of other garbage and trash collectors.
(2)To grant permits, licenses, exclusive or nonexclusive franchises, or any combination
thereof to garbage and trash collectors and disposers.
(3)To assess a service charge against any person provided any service pursuant to
present law.
Proposed law retains present law and additionally authorizes parish and municipal governing
authorities to grant exclusive contracts.  Proposed law defines "exclusive contract" to mean
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CODING:  Words in struck through type are deletions from existing law; words underscored
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HB NO. 555
a written agreement for the collection and disposal of garbage and trash throughout the
entirety of the territorial jurisdiction of the respective parish or municipality.
(Amends R.S. 33:4169.1(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the original bill:
1. Add provisions to provide for the definition of "exclusive franchise".
2. Remove provisions of proposed law that require parishes and municipalities in
which residents are not allowed to select their own garbage collection service to
follow the public bid law when awarding garbage collection contracts.
The House Floor Amendments to the engrossed bill:
1. Remove provisions of proposed law that provide for the definition of "exclusive
franchise".
2. Add provisions that authorize parish and municipal governing authorities to grant
exclusive contracts.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.