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2024 Regular Session
SENATE BILL NO. 234
BY SENATOR MIGUEZ
CONTRACTS. Provides relative to prohibition on certain governmental entity contracts with
companies that discriminate against firearm and ammunition industries. (8/1/24)
1 AN ACT
2 To enact R.S. 38:2216.1 and R.S. 39:1602.2, relative to public contracts; to prohibit certain
3 discriminatory practices with respect to firearm associations, retailers, and
4 manufacturers; to provide for definitions; to provide restrictions on applicability; to
5 provide for an effective date; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 38:2216.1 is hereby enacted to read as follows:
8 §2216.1. Prohibition on contracts with companies that discriminate against
9 firearm and ammunition industries
10 A. As used in this Section, the following terms shall have the following
11 meanings unless the context clearly indicates otherwise:
12 (1) "Ammunition" shall mean a loaded cartridge or shotshell, case,
13 primer, projectile, wadding, or propellant powder.
14 (2) "Company" shall mean a for-profit organization, association,
15 corporation, partnership, joint venture, limited partnership, limited liability
16 partnership, or limited liability company that exists to make a profit.
17 "Company" shall not mean a sole proprietorship.
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1 (3)(a) "Discriminate against a firearm entity or firearm trade
2 association" shall mean that the company:
3 (i) Refuses to engage in the trade of any goods or services with the entity
4 or association based solely on its status as a firearm entity or firearm trade
5 association which includes the lawful products and services provided by and
6 lawful practices of firearm entities and firearm trade associations.
7 (ii) Refrains from continuing an existing business relationship with the
8 entity or association based solely on its status as a firearm entity or firearm
9 trade association.
10 (iii) Terminates an existing business relationship with the entity or
11 association based solely on its status as a firearm entity or firearm trade
12 association.
13 (b) A company does not "discriminate against a firearm entity or
14 firearm trade association" if it refuses to engage in the trade of any goods or
15 services, refrains from continuing an existing business relationship, or declines
16 to enter into, modifies, or terminates an existing business relationship for any
17 of the following reasons:
18 (i) To comply with federal, state, or local law, policy, or regulations or
19 a directive by a regulator.
20 (ii) For any traditional or ordinary business reason that is specific to the
21 customer or potential customer and not based solely on an entity's or
22 association's status as a firearm entity or firearm trade association.
23 (c) Nothing in this Paragraph shall be construed to require a company
24 that is a merchant, retail seller, or platform to sell or list for sale ammunition,
25 firearms, or firearm accessories.
26 (4) "Firearm" shall mean a weapon that expels a projectile by the action
27 of explosive or expanding gases.
28 (5) "Firearm accessory" shall mean:
29 (a) A device specifically designed or adapted to enable an individual to
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1 wear, carry, store, or mount a firearm on the individual or on a conveyance.
2 (b) An item used in conjunction with or mounted on a firearm that is not
3 essential to the basic function of the firearm, including a detachable firearm
4 magazine.
5 (6) "Firearm entity" shall mean:
6 (a) A manufacturer, distributor, wholesaler, supplier, or retailer of
7 firearms, firearm accessories, or ammunition.
8 (b) A business establishment, private club, or association that operates
9 an area for the discharge or other use of firearms for silhouette, skeet, trap,
10 black powder, target, self-defense, or similar recreational shooting, at which not
11 fewer than twenty different individuals discharge firearms each calendar year.
12 (7) "Firearm trade association" shall mean any person, corporation,
13 unincorporated association, federation, business league, or business
14 organization that meets all of the following criteria:
15 (a) Is not organized or operated for profit and for which none of its net
16 earnings inures to the benefit of any private shareholder or individual.
17 (b) Has two or more firearm entities as members.
18 (c) Is exempt from federal income taxation pursuant to 26 U.S.C. 501(a)
19 as an organization described by 26 U.S.C. 501(c)(6).
20 B.(1) The provisions of this Section shall apply to any contract with a
21 value of one hundred thousand dollars or more that meets all of the following
22 criteria:
23 (a) It is to be paid partly or wholly from public funds.
24 (b) It is between a public entity and a company with at least ten full-time
25 employees.
26 (c) It is renewed, amended, or entered into on or after August 1, 2024.
27 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection,
28 the provisions of this Section shall not apply if either of the following conditions
29 are met:
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1 (a) The contract is with a sole-source provider.
2 (b) The public entity does not receive any bids from companies that are
3 able to provide the written verification required by this Section.
4 C. A public entity may not enter into a contract with a company for the
5 purchase of goods or services unless the contract contains a written verification
6 from the company of both of the following:
7 (1) The company does not have a practice, policy, guidance, or directive
8 that discriminates against a firearm entity or firearm trade association based
9 solely on the entity's or association's status as a firearm entity or firearm trade
10 association.
11 (2) The company will not discriminate against a firearm entity or
12 firearm trade association during the term of the contract based solely on the
13 entity's or association's status as a firearm entity or firearm trade association.
14 Section 2. R.S. 39:1602.2 is hereby enacted to read as follows:
15 §1602.2. Prohibition on contracts with companies that discriminate against
16 firearm and ammunition industries
17 A. As used in this Section, the following terms shall have the following
18 meanings unless the context clearly indicates otherwise:
19 (1) "Ammunition" shall mean a loaded cartridge or shotshell, case,
20 primer, projectile, wadding, or propellant powder.
21 (2) "Company" shall mean a for-profit organization, association,
22 corporation, partnership, joint venture, limited partnership, limited liability
23 partnership, or limited liability company that exists to make a profit.
24 "Company" shall not mean a sole proprietorship.
25 (3)(a) "Discriminate against a firearm entity or firearm trade
26 association" shall mean the company:
27 (i) Refuses to engage in the trade of any goods or services with the entity
28 or association based solely on its status as a firearm entity or firearm trade
29 association which includes the lawful products and services provided by and
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1 lawful practices of firearm entities and firearm trade associations.
2 (ii) Refrains from continuing an existing business relationship with the
3 entity or association based solely on its status as a firearm entity or firearm
4 trade association.
5 (iii) Terminates an existing business relationship with the entity or
6 association based solely on its status as a firearm entity or firearm trade
7 association.
8 (b) A company does not "discriminate against a firearm entity or
9 firearm trade association" if it refuses to engage in the trade of any goods or
10 services, refrains from continuing an existing business relationship, or declines
11 to enter into, modifies, or terminates an existing business relationship for any
12 of the following reasons:
13 (i) To comply with federal, state, or local law, policy, or regulations or
14 a directive by a regulator.
15 (ii) For any traditional or ordinary business reason that is specific to the
16 customer or potential customer and not based solely on an entity's or
17 association's status as a firearm entity or firearm trade association.
18 (c) Nothing in this Paragraph shall be construed to require a company
19 that is a merchant, retail seller, or platform to sell or list for sale ammunition,
20 firearms, or firearm accessories.
21 (4) "Firearm" shall mean a weapon that expels a projectile by the action
22 of explosive or expanding gases.
23 (5) "Firearm accessory" shall mean:
24 (a) A device specifically designed or adapted to enable an individual to
25 wear, carry, store, or mount a firearm on the individual or on a conveyance.
26 (b) An item used in conjunction with or mounted on a firearm that is not
27 essential to the basic function of the firearm, including a detachable firearm
28 magazine.
29 (6) "Firearm entity" shall mean:
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1 (a) A manufacturer, distributor, wholesaler, supplier, or retailer of
2 firearms, firearm accessories, or ammunition.
3 (b) A business establishment, private club, or association that operates
4 an area for the discharge or other use of firearms for silhouette, skeet, trap,
5 black powder, target, self-defense, or similar recreational shooting, at which not
6 fewer than twenty different individuals discharge firearms each calendar year.
7 (7) "Firearm trade association" shall mean any person, corporation,
8 unincorporated association, federation, business league, or business
9 organization that meets all of the following criteria:
10 (a) Is not organized or operated for profit and for which none of its net
11 earnings inures to the benefit of any private shareholder or individual.
12 (b) Has two or more firearm entities as members.
13 (c) Is exempt from federal income taxation pursuant to 26 U.S.C. 501(a)
14 as an organization described by 26 U.S.C. 501(c)(6).
15 (8) "Governmental entity" shall mean:
16 (a) Any department, office division, commission, council, board, bureau,
17 committee, institution, agency, government corporation, or other establishment
18 or official of the executive branch of state government.
19 (b) Any parish, city, town, governmental body, and any other subdivision
20 of the state or public agency thereof, public authority, public educational,
21 health, or other institution, and to the extent provided by law, any other entity
22 which expends public funds for the acquisition or leasing of supplies, services,
23 major repairs, and construction, and any nonprofit corporation operating a
24 charitable hospital.
25 B.(1) The provisions of this Section shall apply to any contract with a
26 value of one hundred thousand dollars or more that meets all of the following
27 criteria:
28 (a) It is to be paid partly or wholly from public funds.
29 (b) It is between a public entity and a company with at least ten full-time
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1 employees.
2 (c) It is renewed, amended, or entered into on or after August 1, 2024.
3 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection,
4 the provisions of this Section shall not apply if either of the following conditions
5 are met:
6 (a) The contract is with a sole-source provider.
7 (b) The government entity does not receive any bids from companies that
8 are able to provide the written verification required by this Section.
9 C. A governmental entity may not enter into a contract with a company
10 for the purchase of goods or services unless the contract contains a written
11 verification from the company of both of the following:
12 (1) The company does not have a practice, policy, guidance, or directive
13 that discriminates against a firearm entity or firearm trade association based
14 solely on the entity's or association's status as a firearm entity or firearm trade
15 association.
16 (2) The company will not discriminate against a firearm entity or
17 firearm trade association during the term of the contract based solely on the
18 entity's or association's status as a firearm entity or firearm trade association.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Emily Toler.
DIGEST
SB 234 Original 2024 Regular Session Miguez
Proposed law creates certain restrictions with respect to the ability of the state and its
political subdivisions to contract pursuant to the Public Bid Law and the La. Procurement
Code.
Present law establishes the Public Bid Law to govern the letting of contracts for the erection,
construction, alteration, improvement, or repair of any public facility or land owned, used,
or leased by a public entity. Defines "public entity" to mean the state of La., or any agency,
board, commission, department, or public corporation of the state, or any political
subdivision of the state, and any public housing authority, public school board, or any public
officer whether or not an officer of a public corporation or political subdivision. (Pursuant
to present law, the term does not include a public body or officer where the particular
transaction of the public body or officer is governed by the provisions of the model
procurement code.)
Present law establishes the La. Procurement Code to govern buying, purchasing, renting,
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leasing, or otherwise obtaining supplies, services, or major repairs by any governmental
body of the state. Present law defines "governmental body" as any department, office,
division, commission, council, board, bureau, committee, institution, agency, government
corporation, or other establishment or official of the executive branch of state government.
Present law further authorizes political subdivisions to participate in certain contracts let
pursuant to present law.
The provisions hereafter in proposed law will apply to both Public Bid Law and the La.
Procurement Code.
Proposed law adds to both Public Bid Law and the La. Procurement Code an additional
restriction to contracts let by public entities pursuant to present law. Prohibits a public entity
from entering into a contract with a company for the purchase of goods or services unless
the contract contains a written verification from the company of both of the following:
(1)The company does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association based solely on the
entity's or association's status as a firearm entity or firearm trade association.
(2)The company will not discriminate against a firearm entity or firearm trade
association during the term of the contract based solely on the entity's or
association's status as a firearm entity or firearm trade association.
Further provides in both Public Bid Law and the La. Procurement Code that proposed law
only applies to a contract with a value of $100,000 or more that meets all of the following
criteria:
(1)It is to be paid partly or wholly from public funds.
(2)It is between a public entity and a company with at least 10 full-time employees.
(3)It is entered into on or after Aug. 1, 2024.
Further establishes exceptions in both Public Bid Law and the La. Procurement Code to
proposed law for sole-source provider contracts and circumstances where the public entity
does not receive any bids from companies that are able to provide the written verification
required by proposed law.
Proposed law provides in both Public Bid Law and the La. Procurement Code that
"discriminate against a firearm entity or firearm trade association" shall mean that a
company:
(1)Refuses to engage in the trade of any goods or services with the entity or association
based solely on the entity's or association's status as a firearm entity or firearm trade
association.
(2)Refrains from continuing an existing business relationship with the entity or
association based solely on the entity's or association's status as a firearm entity or
firearm trade association.
(3)Terminates an existing business relationship with the entity or association based
solely on the entity's or association's status as a firearm entity or firearm trade
association.
Proposed law further provides in both Public Bid Law and the La. Procurement Code that
a company does not "discriminate against a firearm entity or firearm trade association" if it
refuses to engage in the trade of any goods or services, refrains from continuing an existing
business relationship, or declines to enter into, modifies, or terminates an existing business
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relationship for any of the following reasons:
(1)To comply with federal, state, or local law, policy, or regulations or a directive by
a regulator.
(2)For any traditional or ordinary business reason that is specific to the customer or
potential customer and not based solely on an entity's or association's status as a
firearm entity or firearm trade association.
Further provides in both Public Bid Law and the La. Procurement Code that nothing in
proposed law shall be construed to require a company that is a merchant, retail seller, or
platform to sell or list for sale ammunition, firearms, or firearm accessories.
Effective August 1, 2024.
(Adds R.S. 38:2216.1 and R.S. 39:1602.2)
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