reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1626. Professional, personal, and consulting service contracts with state employees

RS 39:1626 - Professional, personal, and consulting service contracts with state employees
A. State agency personnel in the medical, nursing or allied health fields, state employees who are qualified to serve as interpreters for the deaf, faculty members of public institutions of higher education, and state employees selected to serve as instructors in the paralegal studies course of the division of continuing education at a state college or university may be employed by other state agencies through a contract for professional, personal, consulting, or social services in accordance with rules and regulations adopted by the office of state procurement. No such faculty member, except those who are also employed by private firms, may contract for the design or redesign of a state-owned facility in which the services of a professional architect or engineer, or both, are required.
B. Additionally, each professional, personal, consulting, and social service agreement between a governmental body as defined in R.S. 39:1556(24) and a faculty member of any state college or state university shall be subject to the policies and procedures promulgated by each respective state college and university and the management boards having authority over the respective institution of higher education in which the faculty member is a member and the Board of Regents. Notwithstanding any other provision of law, each such agreement shall be subject to the written approval of the president of the college or university which employs the faculty member, and written notification of agreement and approval shall be given to the appropriate management board.
C. The list of occupations exempted in this Section from the provision of R.S. 39:1624(A)(4) may be increased by rules adopted by the office of state chief procurement officer.
D. Notwithstanding any other provisions of law to the contrary, the Louisiana School for the Deaf is hereby authorized to enter into professional, personal, consulting, and social services contracts with an employee of the school to provide sign language and interpreting services which are independent of the employee's assigned duties and regular work hours, and for which compensation may be paid.
E. Notwithstanding any other provisions of law to the contrary, the Louisiana Commission for the Deaf is hereby authorized to enter into professional, personal, consulting, and social services contracts with an employee of the commission to provide sign language and interpreting services which are independent of the employee's assigned duties and regular work hours, and for which compensation may be paid; however, such contract is authorized only if a person who is not an employee of the commission is unavailable for such services.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1527. Definitions

RS 39:1527 - Definitions
As used in this Chapter, the following terms and phrases shall have the meanings ascribed to them in this Section unless otherwise provided or unless the context clearly indicates otherwise:
(1) "Claims" refers to only those claims covered by the Self-Insurance Fund in accordance with this Chapter.
(2) "Commissioner" means the commissioner of administration or his duly authorized designee.
(3) "State agencies" means the executive branch, the legislative branch, and the judicial branch of state government and the officers and employees thereof, but does not include parish officials set forth in Article VI, Sections 5(G) and 7(B) of the Constitution of Louisiana or their respective officers, deputies, employees, or appointees. "State agencies" shall not include any housing authority created pursuant to Part I of Chapter 3 of Title 40 of the Louisiana Revised Statutes of 1950.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980; Acts 1992, No. 385, §1; Acts 2001, No. 870, §1, eff. June 26, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1528. Creation of the office of risk management

RS 39:1528 - Creation of the office of risk management
A. There is hereby created the office of risk management within the division of administration headed by the commissioner of administration.
B. The office of risk management, as the administrator of the risk management program of the state, is a plan of the state and is subject to the provisions of this Chapter and Title 39 of the Louisiana Revised Statutes of 1950. In managing all insurance covering property and liability exposure of the state, the office of risk management, the Self-Insurance Fund administered by the office, and commercial coverage transactions by the office on behalf of the state shall not be subject to the provisions of the Louisiana Insurance Code set forth in Title 22 of the Louisiana Revised Statutes of 1950.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980; Acts 1992, No. 385, §1; Acts 2016, No. 374, §2, eff. July 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1531. Appointment of assistants and other employees

RS 39:1531 - Appointment of assistants and other employees
The commissioner of administration may employ and supervise such assistants and other persons as are determined to be necessary to discharge the duties of the office, may fix their compensation, and may delegate such of his authority to such assistants as he deems appropriate, all within the applicable provisions of state law and regulations.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980; Acts 1992, No. 385, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1532. Reporting requirements

RS 39:1532 - Reporting requirements
A. The commissioner of administration shall prepare such reports as he finds necessary for the proper conduct of his duties.
B. In the fiscal year immediately following a regular session of the legislature in which the legislature has enacted appropriations from the state general fund for the payment of specific judgments or claims, the commissioner of administration shall report to the House Committee on Appropriations and the Senate Committee on Finance on the fifteenth day of October and the fifteenth day of February regarding the payment status of all such claims and judgments, including but not limited to the last offer made by the plaintiff as well as the last offer made by the state of Louisiana and the final cost of each judgment.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980; Acts 1992, No. 385, §1; Acts 2008, No. 843, §1, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1533.1. Repealed by Acts 2000, 1st Ex. Sess., No. 20, §3, eff. July 1, 2000.

RS 39:1533.1 - Repealed by Acts 2000, 1st Ex. Sess., No. 20, §3, eff. July 1, 2000.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1533.2. Future Medical Care Fund

RS 39:1533.2 - Future Medical Care Fund
A. There is hereby established in the state treasury the "Future Medical Care Fund", hereinafter referred to as the "fund". The fund shall consist of such monies transferred or appropriated to the fund for the purposes of funding medical care and related benefits that may be incurred subsequent to judgment rendered against the state or a state agency as provided by R.S. 13:5106 and as more specifically provided in R.S. 13:5106(B)(3)(c). All costs or expenses of administration of the fund shall be paid from the fund.
B. The fund shall be administered by the treasurer on behalf of the office of risk management for the benefit of claimants suing for personal injury who are entitled to medical care and related benefits that may be incurred subsequent to judgment. Except for costs or expenses of administration, this fund shall be used only for payment of losses associated with such claims. At the close of each fiscal year, the treasurer shall transfer to the Future Medical Care Fund from the Self-Insurance Fund an amount equal to the monies expended from the Future Medical Care Fund during that fiscal year. Monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund. Interest earned on investment of monies in the fund shall be deposited in and credited to the fund. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
Acts 2000, 1st Ex. Sess., No. 20, §2, eff. July 1, 2000.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1534. Transfer of personnel and funds

RS 39:1534 - Transfer of personnel and funds
All personnel and funds provided to the Division of Administration in the ancillary enterprise bill for operation of the property insurance section are hereby transferred to the office of risk management.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1536. Assessment of premiums

RS 39:1536 - Assessment of premiums
A.(1) The office of risk management shall assess premiums to each agency based on its actual loss experience and exposure levels for both self-insured and commercial coverage. Such assessment may be on a retrospective basis.
(2) For the purposes of this Section, the term "agency" for higher education entities shall mean each individual board, institution, or entity within postsecondary education and the administration and each individual hospital within the Louisiana State University Health Sciences Center health care services division.
B.(1) Any agency which has undergone a loss prevention audit by the office of risk management and has received certification from the office of risk management as being in compliance with state law and loss prevention standards prescribed by the office of risk management shall receive a credit to be applied to the agency's annual self-insured premium per line of insurance coverage, excluding the coverages for road hazards and medical malpractice, equal to five percent of the agency's total annual self-insured premium paid per line of coverage.
(2) An agency which has failed to receive certification after undergoing a loss prevention audit by the office of risk management shall be liable for a penalty of five percent of the agency's total annual self-insured premium paid per line of coverage, excluding the coverages for road hazards and medical malpractice. The office of risk management shall notify such agency of the penalty at least sixty days prior to assessing the penalty. The agency may, within ten days of its receipt of such notification, request that the Joint Legislative Committee on the Budget review the potential impact of the penalty on the agency. If the committee conducts a hearing on the request within forty-five days from receipt of the request, the committee may nullify the penalty for such agency. Such penalty shall be payable at the time of each premium payment, and shall be used by the office of risk management for claims payment.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980. Acts 1983, No. 110, §1; Acts 1998, 1st Ex. Sess., No. 11, §2; Acts 1999, No. 909, §1, eff. July 1, 1999; Acts 2022, No. 271, §3.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1536.1. Payment of premiums

RS 39:1536.1 - Payment of premiums
Every agency shall timely pay premiums billed by the office of risk management. In the event any agency fails to pay any premiums due the office of risk management within one hundred twenty days of the effective date of the appropriated insurance coverages, the commissioner of administration may upon request by the office of risk management draw a warrant against budgeted funds of any delinquent agency directing the treasurer to pay the office of risk management for the unpaid premiums.
Acts 1988, No. 85, §1, eff. July 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1537. Annual report

RS 39:1537 - Annual report
The commissioner of administration shall submit to the governor, the attorney general, and the legislature annually a formal report on the state's risk management program which shall include:
(1) Current data on premiums and incurred losses for each line of commercially insured and self-insured coverage.
(2) A current financial statement detailing the assets and liabilities for each separate account held in the state self-insurance fund.
(3) Data on all administrative costs associated with the state's risk management program by type and line of coverage.
(4) Data on loss experience to include type, severity, and frequency of losses in the aggregate and for each state department.
(5) A record of all claims paid under self-insurance programs.
(6)(a) Data comparison of self-insurance programs in other states, including data as to loss experience, payment of claims, and operating expenses for these programs.
(b) Differences in program structure of the self-insurance programs in other states with recommendations as may be necessary to become more efficient and cost effective.
(c) Any additional information or comparisons which will assist in determining the efficiency and potential for savings of a self-insurance program as compared to commercial insurance or other alternatives for providing liability coverage. Data comparisons with similarly structured state self-insurance programs, including data such as losses and expenses, and any resulting recommendations for the state self-insured program.
(7) Data on all settlements, compromises, judgments, and post-judgment settlements which shall include the amounts claimed and the amounts paid with cumulative totals for each type of damage claim.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980; Acts 1992, No. 385, §1; Acts 1993, No. 588, §1; Acts 2004, No. 160, §1, eff. July 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1538. Claims against the state

RS 39:1538 - Claims against the state
A. Claims against the state or any of its agencies to recover damages in tort for money damages against the state or its agencies for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency while acting within the scope of his office or employment under circumstances in which the state or such agency, if a private person, would be liable to the claimant in accordance with the general laws of this state, may be prosecuted in accordance with the provisions specified in this Chapter. However, immunity for discretionary acts of executive, legislative, and judicial officers within the scope of their legally defined powers shall not be abridged.
B. The state and its agencies shall be liable for claims in the same manner and to the same extent as a private individual under like circumstances.
C. A judgment may be settled in accordance with R.S. 39:1535(B)(6).
D. In actions brought pursuant to this Section, process shall be served upon the head of the department concerned, the office of risk management, and the attorney general, as well as any others required by R.S. 13:5107. However, there shall be no direct action against the Self-Insurance Fund and claimants, with or without a final judgment recognizing their claims, shall have no enforceable right to have such claims satisfied or paid from the Self-Insurance Fund.
E. The division of administration, in cooperation with the attorney general as provided in R.S. 49:257(B), shall prepare a list of all final judgments against the state that are the result of a claim under Article XII, Section 10 of the Constitution of Louisiana and this Section and which remain unpaid. The list shall be updated quarterly, provided to the attorney general pursuant to R.S. 49:257(B), and information contained therein shall be included within the annual comprehensive financial report required pursuant to R.S. 39:80 in a manner determined by the commissioner of administration.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980; Acts 2018, No. 627, §1; Acts 2022, No. 369, §3, eff. June 10, 2022.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1538.1. Certain unclaimed property; presumption of abandonment

RS 39:1538.1 - Certain unclaimed property; presumption of abandonment
Notwithstanding any other provisions of law to the contrary, any unclaimed benefits, payments, funds, or checks held by the office of risk management or the Self-Insurance Fund which could be claimed by any claimant, or any heir, estate, or subrogee thereof, shall not be presumed abandoned at any time. Such property shall be held by the office of risk management in the Self-Insurance Fund.
Acts 1988, No. 51, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1539. Medical malpractice

RS 39:1539 - Medical malpractice
A. Medical malpractice judgments and settlements payable by the state pursuant to Part IV of Subchapter E of Chapter 5-D of Title 40 of the Louisiana Revised Statutes of 1950 shall be funded and paid from the Self-Insurance Fund; however, all such medical malpractice claims shall continue to be administered, controlled, and adjudicated only in accordance with the provisions contained in that Part.
B. Notwithstanding any other provision of law to the contrary, the state and state agencies which are covered under or protected from any actual payment of liability by the provisions of R.S. 40:1237.1 shall be assessed and shall pay premiums to the office of risk management in accordance with the standards and criteria set forth in R.S. 39:1536.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980. Amended by Acts 1987, No. 785, §1, eff. July 17, 1987; Acts 1988, No. 60, §1, eff. July 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1540. Competition

RS 39:1540 - Competition
A. Every contract entered into by the state for the purchase of insurance or for obtaining services relating to the operation of the insurance program shall be awarded by either competitive sealed bidding or competitive negotiation. Competitive negotiation shall be initiated by the issuance of a request for proposals containing a description of the coverage required and the factors to be used in evaluating the proposals. Where there is more than one offeror, written or oral discussions shall be conducted with at least the three, or two if there are only two, highest qualified offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. The contract shall be awarded with reasonable promptness by written notice to the responsible offeror whose proposal meets the requirements and criteria set forth in the request for proposals and whose proposal is most beneficial to the state, considering the price and the evaluation factors set forth in the request for proposal. Public notice of the request for proposals shall be provided in the same manner as established in R.S. 39:1551, et seq.
B.(1) The office of risk management, under the direction of the commissioner of administration, is authorized to contract for consulting services with one or more licensed insurance producers upon a finding by the commissioner that the contract is in the best interest of the state. The contract authorized pursuant to the provisions of this Subsection may authorize one or more producers to advise the office of risk management regarding the office's insurance programs and to directly procure insurance.
(2) No contract executed for consulting services under the provisions of this Subsection shall be effective until it has been approved by the Joint Legislative Committee on the Budget.
(3) The division of administration shall provide a financial analysis and shall report annually on contracts and lines of insurance coverage secured under this Subsection to the Joint Legislative Committee on the Budget. Additionally, the commissioner of administration shall report to the Joint Legislative Committee on the Budget any contract award and all associated proposals received for consulting services under these provisions in response to each request for proposals.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980; Acts 2014, No. 715, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1541. Professional, consulting, and personal service contracts

RS 39:1541 - Professional, consulting, and personal service contracts
Contracts for professional, consulting, and personal services shall be awarded as provided by R.S. 39:1481 et seq.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1542. Worker's compensation

RS 39:1542 - Worker's compensation
The state shall become self-insured for worker's compensation coverage by January 1, 1981.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980. Acts 1983, 1st Ex.Sess., No. 1, §6.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1544. Department responsibilities

RS 39:1544 - Department responsibilities
Each state department shall have the following responsibilities relating to the state's insurance program:
(1) To submit to the office of risk management all information requested relating to risk management.
(2) To open all files relating to the insurance program to the office of risk management.
(3) To institute procedures for the timely and thorough investigation of all incidents which may give rise to a claim against the state.
Added by Acts 1980, No. 520, §1, eff. July 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1545. Public officer bonds; notarial bonds

RS 39:1545 - Public officer bonds; notarial bonds
A. Notwithstanding any other provision of law to the contrary, the office of risk management may, at its option, self-insure bonds for public officers where such bond coverages are procured through the office of risk management in accordance with other provisions of this Chapter. Upon issuance such self-insured bonds may be substituted for other public officer bonds.
B. Notwithstanding any other provision of the law to the contrary, the office of risk management may, at its option, self-insure notarial bonds where such bond coverages are procured through the office of risk management in accordance with other provisions of this Chapter, and upon issuance, such self-insured bonds may be substituted for other notarial bonds.
C. Notwithstanding any other provision of the law to the contrary, no self-insured public officer or notarial bond issued by the office of risk management shall operate as a mortgage against the property of the surety.
Acts 1988, No. 50, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1546. Coverage for road hazard liability

RS 39:1546 - Coverage for road hazard liability
A. The state shall become self-insured for coverage of damages resulting from the establishment, design, construction, existence, ownership, maintenance, use, extension, improvement, repair, or regulation of any state bridge, tunnel, dam, street, road, highway, or expressway. All such claims shall be administered, controlled, and adjudicated in accordance with the provisions of this Chapter.
B. REPEALED BY ACTS 1992, NO. 385, §3.
Acts 1988, No. 61, §1, eff. July 1, 1988; Acts 1992, No. 385, §3.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1547. Return to work program

RS 39:1547 - Return to work program
A. There is hereby created within the office of risk management the return to work program. The goal of the program shall be the safe and expedient return of state employees with job-related injuries and illnesses to transitional or regular employment. The office of risk management shall, by rule, design a program that returns workers to gainful employment as soon as is medically possible after a job-related injury or illness. The program shall at a minimum include the following components:
(1) A transitional employment program.
(2) A workers' compensation claims reporting process.
(3) A process of semiannual reports to the legislature and the governor.
B. The transitional employment program shall be designed by the office of risk management in conjunction with the Louisiana Department of Civil Service. The program shall have as its objective the development of transitional job descriptions which allow an employee with a job-related injury or illness to return to work as soon as medically possible. The office of risk management, as a part of this program, shall coordinate with all state agencies, boards, and commissions the development of an activity analysis form to be used to summarize the tasks and associated demands of each position found in state government. The form is to be used to communicate the information to physicians to enable them to make return-to-work decisions concerning state workers under their care.
C. The workers' compensation claims reporting process shall be designed by the office of risk management to facilitate the timely reporting of work-related injuries to the office of risk management by state agencies, boards, and commissions.
D. The semiannual reporting process shall be designed by the office of risk management to outline the activities of the program. The report shall include but not be limited to the number of occupational-related cases reported, the number of occupational-related cases outstanding, the number of employees drawing workers' compensation benefits, the dollar amount of indemnity payments and medical payments made to employees, the number of employees returned to work during the reporting period, and the estimated dollar savings that resulted from the return to work program.
Acts 1999, No. 916, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1549. Workers' Compensation programs; discrimination prohibited

RS 39:1549 - Workers' Compensation programs; discrimination prohibited
Notwithstanding any other provision of law to the contrary, no state agency, board, or commission shall discriminate against any contractor or subcontractor based upon the method used by such contractor or subcontractor to secure workers' compensation coverage as defined in R.S. 23:1168 or R.S. 23:1195 et seq. when such agency, board, or commission requires a contractor or subcontractor to provide workers' compensation coverage.
Acts 1992, No. 1124, §2; Acts 2001, No. 927, §2, eff. June 26, 2001.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1551. Short title

RS 39:1551 - Short title
This Chapter shall be known as and may be cited as the Louisiana Procurement Code.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1552. Purposes; rules of construction

RS 39:1552 - Purposes; rules of construction
A. Interpretation. This Chapter shall be construed and applied to promote its underlying purposes and policies.
B. Purposes and policies. The underlying purposes and policies of this Chapter are:
(1) To simplify, clarify, and modernize the law governing procurement by this state.
(2) To permit the continued development of procurement policies and practices.
(3) To provide for increased public confidence in the procedures followed in public procurement.
(4) To ensure the fair and equitable treatment of all persons who deal with the procurement system of this state.
(5) To provide increased economy in state procurement activities by fostering effective competition.
(6) To provide safeguards for the maintenance of a procurement system of quality and integrity.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1553. Construction

RS 39:1553 - Construction
A. Supplementary general principles of law applicable. To the extent not inconsistent with the particular provisions of this Chapter, the principles of Louisiana law shall supplement its provisions.
B. Obligation of good faith. Every contract or duty within this Chapter imposes an obligation of good faith in its performance or enforcement. "Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1554.1. Federal block grants

RS 39:1554.1 - Federal block grants
The provisions of this Chapter shall be applicable to any goods and services procured with funds pursuant to the federally enacted community services block grant or community development block grant.
Added by Acts 1982, No. 603, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
NOTE: Redesignated in part and amended by Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1557. Public access to procurement information

RS 39:1557 - Public access to procurement information
Procurement information shall be a public record to the extent provided in Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950 and shall be available to the public as provided in such statute.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1557.1. Change orders; recordation

RS 39:1557.1 - Change orders; recordation
Each change order to a contract which adds an amount of ten percent or more of the original contract amount and which additional amount is at least ten thousand dollars or all change orders to a contract aggregating to an amount of twenty percent or more of the original contract amount and which additional amount is at least ten thousand dollars shall be recorded by the governmental body which entered into the contract in the office of the recorder of mortgages in the parish where the work is to be done or where the entity is domiciled not later than thirty days after the date of the change order which requires that the recordation take place. In addition, the original contract shall be recorded together with the amendments or other revisions if not previously recorded. The provisions of this Section shall not apply to the office of facility planning and control, and the office of state procurement.
Acts 2011, No. 343, §3; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1558. Determinations

RS 39:1558 - Determinations
Written determinations and findings required by this Chapter shall be retained in an official contract file in the central purchasing agency or purchasing agency or by the governmental body administering the contract.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1561. Authority and duties of the commissioner of administration

RS 39:1561 - Authority and duties of the commissioner of administration
A. Except as otherwise provided in this Chapter, the commissioner of administration, hereinafter referred to as "the commissioner," shall have the authority and responsibility to promulgate regulations, consistent with this Chapter, governing the procurement, management, and control of any and all supplies, services, major repairs, and personal, professional, consulting, or social services required to be procured by the state. However, the commissioner shall not require by rule or regulation any policy or management board of public higher education or any institution under their jurisdiction to prepare or submit a monthly report on items purchased from state contracts or on contract item usage to the division of administration. The quarterly report listing purchases for under five thousand dollars and the annual report for purchases above five thousand dollars on all items purchased from state contracts shall be sufficient to meet the requirements of this Chapter.
B. The commissioner or his designee shall consider and decide matters of policy within the provisions of this Chapter including those referred to him by the state chief procurement officer. The commissioner or his designee shall have the power to audit and review the implementation of the procurement regulations and the requirements of this Chapter.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1986, No. 103, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1562. Central purchasing agency; creation

RS 39:1562 - Central purchasing agency; creation
There is hereby created, within the division of administration, the central purchasing agency, headed by the State Director of Purchasing, hereinafter referred to as the state chief procurement officer.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1563. Appointment and qualifications

RS 39:1563 - Appointment and qualifications
The state chief procurement officer shall be in the classified service of the state and shall be appointed in accordance with the provisions of Article X, Section 7 of the Louisiana Constitution of 1974. The state chief procurement officer shall have had a minimum of eight years experience in the large scale procurement of supplies, services, or personal, professional, consulting, or social services, involving specification development, the preparation of bid proposals and bid evaluation and award, including at least three years of supervisory experience. Preference shall be given to such experience in governmental purchasing.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1564. Authority of the state chief procurement officer

RS 39:1564 - Authority of the state chief procurement officer
A. Central procurement officer of the state. The state chief procurement officer shall serve as the central procurement officer of the state.
B. Power to adopt rules. Consistent with the provisions of this Chapter, the state chief procurement officer may adopt rules governing the internal procedures of the central purchasing agency.
C. Duties. Except as otherwise specifically provided in this Chapter, the state chief procurement officer shall, within the limitations of regulations promulgated by the commissioner:
(1) Procure or supervise the procurement of all supplies, services, major repairs, and personal, professional, consulting, and social services needed by the state.
(2) Exercise supervision over all inventories of warehoused supplies belonging to the state.
(3) Establish and maintain programs for the inspection, testing, and acceptance of supplies, services, and major repairs.
(4) To provide for contractual forms and specifications to be used in the confection of all contracts provided for in this Chapter.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1565. Duties of the attorney general

RS 39:1565 - Duties of the attorney general
The attorney general shall be the chief legal adviser to the state chief procurement officer.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1566. Appointment of assistants and other employees; delegation of authority by the state chief procurement officer

RS 39:1566 - Appointment of assistants and other employees; delegation of authority by the state chief procurement officer
Subject to the provisions of the Article X, Section 7 of the Louisiana Constitution of 1974, the state chief procurement officer may employ and supervise such assistants and other persons as may be necessary and may delegate authority to such designees or to any governmental body as the state chief procurement officer may deem appropriate within the limitations of state law and the state procurement regulations.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1568.1. Use of other types of contracts

RS 39:1568.1 - Use of other types of contracts
Subject to the limitations of R.S. 39:1611 and 1612, any type of contract, including brand name and multiple award contracts, which will promote the best interests of the state may be used, provided that the chief procurement officer must make a written determination justifying the type of contract used. An annual report on the number, type, and volume of such procurements shall be made to the commissioner or cabinet department head within ninety days after the end of the fiscal year.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1981, No. 452, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1568.2. The Road Home Program; reporting on certain contract payments, subcontractors, and performance for professional, personal, consulting, or social services contracts

RS 39:1568.2 - The Road Home Program; reporting on certain contract payments, subcontractors, and performance for professional, personal, consulting, or social services contracts
Notwithstanding any other provision of law to the contrary, the division of administration, office of community development, shall report monthly to the Legislative Audit Advisory Council with respect to the contract between the office of community development and ICF Emergency Management Services dated June 30, 2006, as amended. The report shall contain information relating to subcontractors, inclusive of subcontractors of subcontractors, payments made to any contractor or subcontractor, the value of the contract, contractor performance in the achievement of goals and objectives of the contract, and any penalties which have been assessed for insufficient performance. The information shall be compiled by the office of community development and delivered to the Legislative Audit Advisory Council on a monthly basis, on a date to be established by the chairman of the council. The commissioner of administration shall consult with the chairman of the Legislative Audit Advisory Council to develop the format in which the information will be presented to the council.
Acts 2008, No. 829, §1, eff. July 8, 2008; Acts 2014, No. 864, §3, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1569. Reports of procurement actions related to professional, personal, consulting, and social services contracts

RS 39:1569 - Reports of procurement actions related to professional, personal, consulting, and social services contracts
A. A written report shall be compiled annually, within one hundred twenty days after the close of the fiscal year, of contracts made under R.S. 39:1617, 1620, and 1621 during that preceding fiscal year. The report shall (1) name each contract; (2) state the amount and type of each contract; (3) describe the services purchased by each contract, and (4) include, as attachments, copies of all determinations and findings required to be made by provisions of this Part and implementing rules and regulations.
B.(1) A central file or listing of all architects, engineers, clerk of the works, attorneys, including bond attorneys or counsel, and public relations persons or firms employed or retained by each state agency, board, commission, or department, including nonbudget units shall be compiled and updated annually, within one hundred twenty days after the close of the fiscal year, of contracts made during that preceding year. Each such list shall be kept separately by profession and shall contain information relative to such employment or retention, including a detailed description of the nature of services rendered to the agency, the extent and duration of such services, the amount of the fee or other compensation paid in return for such services, and any other information deemed pertinent by the commissioner of the division of administration.
(2) Notwithstanding any other provisions of this Chapter, each state agency, board, commission, or department, including nonbudget units, shall forward on an annual basis on forms to be supplied by the office of state procurement, a report containing the data and information on all professional services retained or employed which are required to be listed in a central listing as provided in Paragraph (1) of this Subsection.
C. The reports required by this Section shall be retained as public records.
Added by Acts 1978, No. 772, §1; Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1569.1. Contract administration

RS 39:1569.1 - Contract administration
A. Upon entering into a professional, personal, consulting, or social service contract, the using agency shall have full responsibility for the diligent administration and monitoring of the contract. The state chief procurement officer may require the using agency to report at any time on the status of any such outstanding contracts to which the using agency is a party.
B. After completion of performance under a professional, personal, consulting, or social service contract, the using agency shall prepare a final report on the contract which shall include an evaluation of contract performance and an assessment of the utility of the final product. This report shall be delivered to the state chief procurement officer within sixty days after completion of performance and shall be retained in the official contract file. Reports not submitted to the office of state procurement within the sixty-day period shall be delinquent. The report shall include at least the following:
(1) The name of the agency official or officials responsible for monitoring the contract and for final agency acceptance of the contract deliverables.
(2) The contractor, contract amount, contract cost basis, and contract timetable which shall reflect both the proposed and actual work initiation and completion dates.
(3) Any contract modifications.
(4) A listing of the contract deliverables, inclusive of specific products and services, and whether all such deliverables were satisfactorily and timely completed.
(5) An itemization of any problems encountered with respect to the execution of the contract.
(6) An assessment of the utility of the contract deliverables.
C. Final evaluation reports required by this Section for contracts in amounts of two hundred fifty thousand dollars or greater shall also be submitted to the legislative auditor.
D. No contract for professional, personal, consulting, or social services shall be entered into by a using agency with any contractor for which a delinquent final evaluation report remains outstanding for a contract with such using agency.
E. A report of all multiyear contracts shall be provided to the Joint Legislative Committee on the Budget no later than ninety days after the end of each fiscal year.
Added by Acts 1978, No. 772, §1. Acts 1985, No. 673, §1; Acts 1997, No. 1424, §1, eff. July 15, 1997; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1571. Centralization of procurement authority

RS 39:1571 - Centralization of procurement authority
Except as otherwise provided in this Subpart, all rights, powers, duties, and authority relating to the procurement of supplies, services, and major repairs now vested in or exercised by any state governmental body under the several statutes relating thereto are hereby transferred to the central purchasing agency.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1572. Exemptions

RS 39:1572 - Exemptions
A. Exemption from central purchasing agency and procurement regulations of commissioner. Procurement of the following items or by the following governmental bodies shall not be required to be conducted through the central purchasing agency and shall not be required to follow the procurement regulations of the commissioner or the office of state procurement, but shall nevertheless be subject to the requirements of this Chapter and such regulations as may be promulgated by the head of such governmental body:
(1) The Department of Transportation and Development, for procurement of materials, services, and supplies that will become a component part of any road, highway, bridge, or appurtenance thereto.
(2) Textbooks, scientific and laboratory equipment, teaching materials, teaching devices, and teaching supplies procured by the Department of Education.
B. Exemptions from central purchasing only. Unless otherwise provided in R.S. 39:1554, exemptions from central purchasing do not apply to professional services, personal services, consulting services, social services, information technology, or vehicle acquisition. Unless otherwise ordered by regulation of the commissioner with approval of the governor, the following governmental bodies shall not be required to conduct procurement through the central purchasing agency, but shall nevertheless be subject to the requirements of this Chapter and the regulations promulgated by the commissioner:
(1) Louisiana State University System.
(2) Southern University System.
(3) University of Louisiana System.
(4) Special schools and other institutions under the supervision of the State Board of Elementary and Secondary Education.
(5) The office of the state bond commission in the Department of the Treasury for printing only.
(6) Louisiana Community and Technical College System.
(7) The Louisiana Universities Marine Consortium for Research and Education established pursuant to R.S. 17:3452.
C. Use of central purchasing by exempt agencies. A governmental body exempted from centralized purchasing may use the central purchasing facilities whenever the best interests of such governmental body and the state may be served.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1982, No. 137, §3, eff. July 12, 1982; Acts 1983, No. 306, §1; Acts 1985, No. 880, §3, eff. July 23, 1985; Acts 1986, No. 383, §1; Acts 2003, No. 757, §1; Acts 2008, No. 62, §3, eff. June 5, 2008; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2022, No. 147, §1.