Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHCAHB690 224 1661 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Education to Original House Bill No.
690 BYby REPRESENTATIVESRepresentative AMEDEE,Amedee EDMONSTON,AMENDMENT ANDHORTONANDNO. SENATOR HODGES AN ACT To enact Part XIV of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprisedofR.S.
17:410.17through410.23,relativetoeducationserviceproviders1 andvendorsofeducationalproducts;toprohibiteducationagenciesfromcontractingOn withpage certain2, prohibitedat individualsthe end of line 1, delete "terrorists" and entities;insert "terrorist" Page 1 of 1 CODING:
to provide with respect to foreign adversaries, foreign terrorist organizations, and agents thereof;
to provide with respecttothedutiesofeducationagencies;toprovidefordueprocess;to providefor the suspension of payments;
to provide for certain provisions to be included in contracts;
to provide relative to the duties and authority of the attorney general;
to provide relative to the office of debt recovery;
to provide for legislative findings;
to provide definitions;
to provide for effectiveness;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Part XIV of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S.
17:410.17 through 410.23, is hereby enacted to read as follows:
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690 ENROLLED PART XIV.
PROTECTING SCHOOL TAX DOLLARS FROM FUNDING FOREIGN ADVERSARIES AND FOREIGN TERRORIST ORGANIZATIONS §410.17.
Legislative findings The legislature finds and declares that the people of Louisiana deserve the highest assurance that no taxpayer dollars that are collected or spent for education will be used to support entities with ties to foreign adversaries or foreign terrorist organizations or their agents.
§410.18.
Definitions Unlessotherwiseindicated,thefollowingdefinitions shallapplytothisPart, as follows:
(1) "Agent of a foreign adversary" means an agent directed or controlled by a foreign adversaryor the agent's proxy.
(2) "Agent of a foreign terrorist organization" means an agent directed or controlled by a foreign terrorist organization or the agent's proxy.
(3) "Education agency" means the state Department of Education, the State BoardofElementaryandSecondaryEducation,anycity,parish,orotherlocalpublic school board, any early learning center as defined in R.S.
17:407.33, and any other state agency that has authority over educational institutions and educational opportunities for students from early childhood through secondary education pursuant to this Title or any other provision of law.
(4) "Education service provider" means an individual or a for-profit or nonprofit organization or entity that contracts with an education agency to deliver educational, operational, or management services.
(5) "Foreign adversary" means a country specified in 15 CFR 791.4 or a successor regulation.
(6) "Foreignterroristorganization"meansanentitydesignatedbytheUnited States Department of State as a foreign terrorist organization in accordance with 8 U.S.C.
1189, orasuccessorlaw,orbythe United States Departmentof the Treasury as a "specially designated national" in accordance with 31 CFR 500.306, or a successor regulation.
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690 ENROLLED (7) "Vendor of educational products" means an individual or a for-profit or nonprofit organization or entity that contracts with or sells goods, services, or technology directly to an education agency.
§410.19.
Prohibitions on contracting with foreign adversaries or foreign terrorist organizations and their agents A.
No education agencyshall knowinglycontract with an education service provider or a vendor of educational products who is a foreign adversary, an agent of a foreign adversary, aforeignterroristorganization,or an agent of a foreign terrorist organization.
B.
No education service provider or a vendor of educational products shall knowingly subcontract with a foreign adversary, an agent of a foreign adversary, a foreign terrorist organization, or an agent of a foreign terrorist organization.
C.
Knowinglyactingasan agent,proxy,orcontractorofaforeignadversary orforeignterroristorganizationisprohibitedconductwhichrenderstheagent,proxy, or contractor ineligible to contractwith an education agencyor a primarycontractor of an education agency.
D.
Providing material support or funds to a foreign adversary or a foreign terrorist organization is prohibited conduct which renders the person ineligible to contract with an education agency or a primary contractor of an education agency.
§410.20.
Suspension of payments to foreign adversaries or foreign terrorist organizations, their agents, or their subcontractors A.
Ifan educationagencybecomesawarethataneducationserviceprovider or a vendor of educational products is a foreign adversary, an agent of a foreign adversary, a foreign terrorist organization, or an agent of a foreign terrorist organization,theeducationagencyshallimmediatelynotifytheattorneygeneraland suspendpaymentstotheproviderorvendorpendingdueprocessreviewasprovided in R.S.
17:410.21.
B.
Subject to the due process rights provided in R.S.
17:410.21, if it is determined that an education service provider or a vendor of education products is not qualified to contract with an education agency pursuant to this Part, then the Page 3 of 5 CODING:
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690 ENROLLED provider or vendor shall return any payments received on or after the provider or vendor became ineligible due to a violation of this Part.
§410.21.
Due process rights of education service providers and vendors of educational products An education service provider or a vendor of educational products who is denied a contract with an education agency or has a contract that is suspended pursuant to this Part is entitled to avail itself of all administrative due process rights and legal redress as provided in the Louisiana Procurement Code, R.S.
39:1551 et seq., or the Public Bid Law, R.S.
38:2181 et seq., whichever is applicable.
§410.22.
Notice provisions in contracts Beginning on July 1, 2026, each education agency shall include in all contracts with education service providers or vendors of educational products a statement that the provisions of this Part apply to the contract and any payments made thereto.
The contract provision must also require the provider or vendor to agree not to engage in conduct that would violate anyprovisions of this Part during the term of the contract and that such prohibited conduct will result in an immediate suspension of payments and be subject to debt collection as provided in this Part.
§410.23.
Role of the attorney general A.
An education agency may seek the opinion of the attorney general as to whether or not an education service provider or a vendor of educational products is prohibited from contracting with the education agency, pursuant to R.S.
17:410.19 or R.S.
17:410.20.
B.
If, pursuant to this Part, an education service provider or a vendor of educationproductsisdeemedineligibletocontractorisdeterminedtohaveengaged in conduct which renders the provider or vendor ineligible or disqualified under the contract and the contractor does not return any payments that are recoverable, pursuant to R.S.
17:410.20, then notice of the recoverable debt shall be turned over to the attorney general who, in conjunction with the office of debt recovery within the Department of Revenue, shall institute recoveryand collection of the debt.
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690 ENROLLED Section 2.
This Act shall become effectiveupon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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