2005-2006 Legislative Committee Report
Ronald J. Rodi, P.E., Chairman

Louisiana’s 2006 Special and Regular Legislative Sessions have been particularly active on issues related to the practice of engineering, and how our profession is perceived in the public arena. Hurricanes Katrina and Rita have and are continuing to reshape how Louisiana does business and the role engineers will have in the aftermath of these disasters.

Over the past several years, LES has formed stronger legislative alliances with our partners in the engineering/construction industry, and in 2006 has continued to seek and offer support on a number of key issues. Once again, our membership got involved in contacting legislators during the committee meetings and on the floor of the House and Senate at the right times and our voice was heard. Warren Wilder, ACEC Executive Director is a tremendous advocate for the profession and assists LES throughout the legislative sessions.

Gerald Simmons, our legislative consultant, is invaluable for counsel and assistance before and during the Session. Brenda Gajan and the rest of the State Office staff have continued in grand fashion in tracking bills, committee assignments and schedules, and communicating the issue to our membership. LES owes a great deal of our success to State Representative Bryant Hammett, P.E. Bryant who works closely with Gerald Simmons and Brenda to shape and sponsors our legislative proposals.

Following is a list of key bills we tracked and the outcome:


House Bill 238/Senate Bill 550: Provides for an exemption relative to criminal trespass for professional land surveyors. Proposed law removes professional land surveyors from provisions of present law regarding entry onto immovable property of another with oral or written permission of the owner and proposed law provides instead that professional land surveyors can enter and remain on the structure, watercraft, or immovable property, of another without oral or written permission. (DEFERRED IN HOUSE COMMITTEE. PASSED SENATE COMMITTEE BUT NEVER VOTED ON. However HCR 281 by Rep. Hammett and Sen. Michot directs the Louisiana Law Institute to study trespassing laws as they relate to professional land surveyors was approved.)

House Bill 398: Requires that an affidavit of a third-party architect, engineer or land surveyor be attached to a petition alleging negligence against an architect, engineer or land surveyor. Proposed law provides that notwithstanding any other law to the contrary, in any action for damages alleging professional negligence by an architect, professional land surveyor, or licensed professional engineer, the plaintiff shall be required to file with the petition an affidavit of a third-party registered architect, professional land surveyor, or licensed professional engineer an affidavit setting forth specifically at least one negligent act, error, or omission claimed to exist and the factual basis for each such claim.(FAILED)

House Bill 960: Prohibits price or price related information to be considered a factor in the selection of design professional services. The proposed law states that it is the policy of the state and its agencies and political subdivisions to select the providers of design professional services on the basis of competence and qualifications for a fair and reasonable price negotiated after selection. Further prohibits the states and any of its agencies or political subdivisions from selecting providers of design professional services where price or price related information is a factor in the selection. (PASSED)

House Bill 826: Establishes a qualification based selection process for all professional services including engineers, architects, land surveyors, doctors, lawyers, certified public accountants, etc. The qualification based (QBS) process would only be used to select the top three individuals or firms at which time the top three “short-listed” firms or individuals will competitively bid the project. The project will be awarded to the lowest responsible bidder. (FAILED, NEVER HEARD IN COMMITTEE)

House Bill 741 – A bill to mandate an Orleans Parish hiring preference on locally-funded projects. (FAILED)

Senate Bill 623: Provides for a range of engineering, surveying and inspection fees for rural water system projects and establishes a time frame for the review process. (PASSED BUT AMENDED TO SET FEES IN ACCORDANCE WITH PUBLISHED RUS GUIDELINES.)
House Bill 284 – LES bill to change the terms of members on the LAPELS board. (PASSED) House Bills 998 and 1398 – Bills to prohibit the packaging of components by vendors, suppliers or manufacturer reps for equipment in bid specifications for projects to construct water and sewerage facilities let by a public entity. (BOTH BILLS FAILED, HOWEVER HSR 14 WAS PASSED to establish study committee on this issue.)
House Bill 1087 – A bill to authorize a Shreveport city inspector to review plans and specifications for code compliance in lieu of the State Fire Marshal. (FAILED)