Title 39, Public Finance
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 39:1965 Noncompliance; penalty
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§1965. Noncompliance; penalty If a person, firm, corporation, or business does not substantially comply with a contract required under this Chapter, the state may withhold payment, debar as defined by R.S. 39:1556(8), suspend, or terminate the contract, and subject the contractor…
La. Rev. Stat. § 39:1966 Report of violations; enforcement of penalties
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§1966. Report of violations; enforcement of penalties Whenever the division, a state agency, or an educational institution has knowledge that a person, firm, corporation, business, union, or other organization has violated or is violating any of the provisions of this Chapter, th…
La. Rev. Stat. § 39:1967 Conflict with federal law
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§1967. Conflict with federal law If any part of this Chapter is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this Chapter is hereby declared to be inoperative solely to …
La. Rev. Stat. § 39:1968 Noncompliance with Chapter by division
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§1968. Noncompliance with Chapter by division Any person aggrieved by any act or inaction of the division may seek judicial relief by a writ of mandamus or by injunction, to require compliance with the provisions of R.S. 39:1953(B) and R.S. 39:1955. Acts 1984, No. 653, §1, eff. J…
La. Rev. Stat. § 39:197 Definitions
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§197. Definitions For the purposes of this Part, the following words and phrases shall be defined as follows: (1) "Agency" shall have the same meaning ascribed to it as provided in R.S. 36:3(1). (2) "Competitive sealed bidding" means a method of procurement which strictly follows…
La. Rev. Stat. § 39:198 Types of contracts permitted
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§198. Types of contracts permitted A. The types of contracts permitted in the procurement of information technology systems, information technology services, software, and professional services contracts and consulting services contracts related to information technology are defi…
La. Rev. Stat. § 39:1981 Eligibility; federally funded projects
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§1981. Eligibility; federally funded projects A. Any business which meets the definition of a minority business enterprise or of a women's business enterprise as set forth in this Chapter is eligible to be certified by the division as a minority business enterprise or as a women'…
La. Rev. Stat. § 39:1982 Proof of ownership of business
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§1982. Proof of ownership of business A. An applicant for certification may submit to the division proof of his ownership of the requisite percentage of the business at the time the application is submitted. Such proof shall consist of stock certificates, a notarized affidavit of…
La. Rev. Stat. § 39:1983 Factors considered in determining control
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§1983. Factors considered in determining control Whether an owner meets the fifty-one percent control requirement shall be determined on an application-by-application basis. Factors which may be considered in determining whether or not the owner meets the control requirement incl…
La. Rev. Stat. § 39:1984 Size and length of time in business; interim certification
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§1984. Size and length of time in business; interim certification A. Size of business or length of time in business shall not be considered a prerequisite for certification. However, the division may require that this information be provided in order to determine whether the busi…
La. Rev. Stat. § 39:1985 Applications; form; submission; processing; investigation; notification
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§1985. Applications; form; submission; processing; investigation; notification A. The division shall adopt rules and regulations pursuant to the Administrative Procedure Act, R.S. 49:950 et seq., for the submission and processing of applications for certification. As part of its …
La. Rev. Stat. § 39:1986 Effect of certification; duration; revocation
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§1986. Effect of certification; duration; revocation A. Certification as a minority business enterprise or as a women's business enterprise shall entitle the enterprise to be counted by state agencies and educational institutions toward meeting overall annual goals under this Cha…
La. Rev. Stat. § 39:1987 Directory of enterprises
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§1987. Directory of enterprises The division shall maintain a directory of certified enterprises as follows: (1) The division shall maintain a complete directory of all enterprises certified by the division for state projects and for federally-funded projects. (2) The division sh…
La. Rev. Stat. § 39:1988 Complaints
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§1988. Complaints A. Complaints regarding certification of enterprises may be submitted and shall be processed according to rules and regulations adopted by the division pursuant to the Administrative Procedure Act, R.S. 49:950 et seq. B. Any individual, firm, agency, or other pe…
La. Rev. Stat. § 39:1989 Denial of certification; reconsideration
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§1989. Denial of certification; reconsideration Decisions to deny certification, deny renewal of certification, or revoke certification shall be reconsidered on the following basis: (1) When an applicant has been denied certification, or when an enterprise's certification has not…
La. Rev. Stat. § 39:199 Methods of procurement
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§199. Methods of procurement A. The office of technology services, through the state procurement office, may procure information technology systems and information technology services by a request for proposals to conform with the following requirements: (1) Public notice of the …
La. Rev. Stat. § 39:199.1 Alternative procedures
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§199.1. Alternative procedures Notwithstanding any provision of law to the contrary, an agency shall not be required to follow the procedures provided in this Part or the Louisiana Procurement Code for procurement of software and the hardware used to support the software if the a…
La. Rev. Stat. § 39:1990 Resubmission of applications
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§1990. Resubmission of applications Any applicant who has withdrawn his application or whose application has been denied may file a new application if there has been a substantial change in ownership, control, or organization of the business. No business may file more than two ap…
La. Rev. Stat. § 39:1991 Change in ownership
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§1991. Change in ownership A change in ownership resulting in less than fifty-one percent ownership shall be reported to the division, and the enterprise shall immediately be decertified. Failure to report shall result in a fine of not less than one thousand dollars, and, if the …
La. Rev. Stat. § 39:1992 Alternative certification procedure
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§1992. Alternative certification procedure A. In lieu of the certification procedures established in this Part or by administrative rules, the division may accept documentation from the applicant that it is certified by one of the following: (1) The Department of Transportation a…
La. Rev. Stat. § 39:1993 Deception relating to certification of minority business enterprise or
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§1993. Deception relating to certification of minority business enterprise or women's business enterprise A. A person shall be guilty of the crime of deception relating to certification of minority business enterprise or women's business enterprise if he: (1) Fraudulently obtains…
La. Rev. Stat. § 39:2 Definitions
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§2. Definitions As used in this Chapter, except where the context clearly requires otherwise, the words and expressions defined in this Section shall be held to have the meanings here given to them. (1) "Activity" means a distinct subset of functions or services within a program.…
La. Rev. Stat. § 39:200 General provisions
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§200. General provisions The following general provisions shall apply to all procurements under this Part: A. Used equipment. Used information technology equipment is defined to include all equipment which cannot be certified as new by the vendor. Used equipment may be acquired t…
La. Rev. Stat. § 39:2001 Louisiana Initiative for Small Entrepreneurships; intent
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§2001. Louisiana Initiative for Small Entrepreneurships; intent A. The legislature hereby establishes the Louisiana Initiative for Small Entrepreneurships (the Hudson Initiative), hereinafter referred to in this Chapter as the "initiative", to facilitate the growth and stability …
La. Rev. Stat. § 39:2002 Definitions
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§2002. Definitions As used in this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section, unless the context clearly indicates otherwise: (1) "Agency" or "state agency" means any department, office, division, commission, council, board,…
La. Rev. Stat. § 39:2003 Application of Chapter
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§2003. Application of Chapter Notwithstanding any other provision of law to the contrary, the provisions of this Chapter apply to procurements and public contracts which are governed by Chapter 10 of Title 38, Chapter 17 of this Title, and Parts XIII and XIII-A of Chapter 1 of Ti…
La. Rev. Stat. § 39:2004 State goals for procurements and public contracts
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§2004. State goals for procurements and public contracts The commissioner of administration shall establish annual goals for small entrepreneurship participation in state procurements and public contracts. The commissioner shall determine the appropriate level and number of goals…
La. Rev. Stat. § 39:2005 Competitive source selection
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§2005. Competitive source selection Methods of source selection which may be utilized by an agency to satisfy a state goal for contracting with small entrepreneurships shall include but not be limited to: (1) Any method provided for in an executive order governing small purchases…
La. Rev. Stat. § 39:2006 Certification of businesses by Louisiana Economic Development; listing of small
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§2006. Certification of businesses by Louisiana Economic Development; listing of small entrepreneurships; reporting A. The secretary of Louisiana Economic Development, hereinafter the "department", shall certify businesses as small entrepreneurships for the purposes of this Chapt…
La. Rev. Stat. § 39:2007 Responsibilities of the commissioner of administration; training; reporting
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§2007. Responsibilities of the commissioner of administration; training; reporting A. The commissioner shall establish policies and procedures necessary for implementing the Louisiana Initiative for Small Entrepreneurships and increasing the use of small entrepreneurships in stat…
La. Rev. Stat. § 39:2008 State agency initiative coordinators and reporting
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§2008. State agency initiative coordinators and reporting A. Each agency of the state shall participate in the Louisiana Initiative for Small Entrepreneurships by complying with all provisions of this Chapter, administrative law related thereto, and any other requirements of the …
La. Rev. Stat. § 39:21 State planning; powers, duties, and functions
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§21. State planning; powers, duties, and functions The division of administration shall have the authority, and where appropriate to the context may be required, to: (1) Conduct basic surveys and studies concerning the development of coordinated state resources and facilities pla…
La. Rev. Stat. § 39:21.1 Consensus estimating conferences; general provisions
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§21.1. Consensus estimating conferences; general provisions A. The consensus estimating conference is hereby created. Each conference shall develop such official information within its responsibility area as the principals of the conference determine is needed for purposes of the…
La. Rev. Stat. § 39:21.2 Use of official information by state agencies
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§21.2. Use of official information by state agencies Each state agency shall use the official information developed by the consensus estimating conferences in preparing its annual operating and capital outlay budget requests and for carrying out its duties under the state plannin…
La. Rev. Stat. § 39:21.3 Consensus estimating conferences; duties and principals
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§21.3. Consensus estimating conferences; duties and principals A. Economic Estimating Conference. (1) Duties. The Economic Estimating Conference shall develop such official information with respect to the national and state economies as the conference determines is needed for the…
La. Rev. Stat. § 39:21.4 Sessions of consensus estimating conferences; workpapers
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§21.4. Sessions of consensus estimating conferences; workpapers A. How session convened. A session of a consensus estimating conference may be convened as follows: (1) For the governor. A session may be convened at the call of the office of the governor to develop information for…
La. Rev. Stat. § 39:2101 Food service facilities; use of certified meat, poultry, and seafood products
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§2101. Food service facilities; use of certified meat, poultry, and seafood products A.(1) All state agencies, state institutions, or local school districts operating food service facilities for students, or for patients or inmates in their custody, shall utilize only those meat,…
La. Rev. Stat. § 39:211 Repealed by Acts 2011, No
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§211. Repealed by Acts 2011, No. 207, §8.
La. Rev. Stat. § 39:212 Repealed by Acts 2011, No
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§212. Repealed by Acts 2011, No. 207, §8.
La. Rev. Stat. § 39:213 Repealed by Acts 2011, No
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§213. Repealed by Acts 2011, No. 207, §8.
La. Rev. Stat. § 39:214 Repealed by Acts 2011, No
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§214. Repealed by Acts 2011, No. 207, §8.
La. Rev. Stat. § 39:215 Repealed by Acts 2011, No
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§215. Repealed by Acts 2011, No. 207, §8.
La. Rev. Stat. § 39:2151 Short title
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§2151. Short title This Chapter may be cited as the "Hurricane Relief Programs Integrity Act". Acts 2006, No. 479, §1, eff. June 22, 2006.
La. Rev. Stat. § 39:2152 Legislative intent and purpose
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§2152. Legislative intent and purpose The legislature intends the attorney general and private citizens of Louisiana to be agents of this state with the ability, authority, and resources to pursue civil monetary penalties or other remedies to protect the fiscal and programmatic i…
La. Rev. Stat. § 39:2153 Definitions
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§2153. Definitions As used in this Chapter, the following terms shall have the following meanings: (1) "Claim" includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against hurricane relief program funds f…
La. Rev. Stat. § 39:2154 False or fraudulent claim; misrepresentation
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§2154. False or fraudulent claim; misrepresentation A. No person shall knowingly present or cause to be presented a false or fraudulent claim for funds, property, use of property, or other compensation from hurricane relief programs. B. No person shall knowingly engage in misrepr…
La. Rev. Stat. § 39:2155 Civil actions authorized
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§2155. Civil actions authorized A. The attorney general may institute a civil action in the courts of this state to seek recovery from persons who violate the provisions of this Chapter. B. An action to recover costs, expenses, fees, and attorney fees shall be ancillary to, and s…
La. Rev. Stat. § 39:2156 Damages; fines; penalties; interest
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§2156. Damages; fines; penalties; interest A. Actual damages incurred as a result of a violation of the provisions of this Chapter shall be recovered only once on behalf of the hurricane relief programs and shall not be waived by the court. Actual damages shall equal the differen…
La. Rev. Stat. § 39:2157 Qui tam action; civil action filed by private person
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§2157. Qui tam action; civil action filed by private person A. A private person may institute a civil action to seek recovery on behalf of hurricane relief programs and himself, except for the civil monetary penalty provided in R.S. 39:2156(C), for a violation of this Chapter. Th…
La. Rev. Stat. § 39:2158 Qui tam action procedures
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§2158. Qui tam action procedures A. The following procedures shall be applicable to a qui tam action: (1) The complaint shall be captioned: "Hurricane Relief Programs Ex Rel.: [insert name of qui tam plaintiff(s)] v. [insert name of defendant(s)]". (2)(a) A copy of the qui tam co…