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Advisory opinion regarding whether Baldwin Ready Mix, Corp., a company in which Representative Stuart Bishop owns a controlling interest, may provide concrete and concrete materials to private and public works projects in Louisiana. |
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Representative Stuart Bishop is a member of the Louisiana House of Representatives. Rep. Bishop also owns a controlling interest in Baldwin Ready Mix, Corp. Baldwin Ready Mix may be solicited by general or subcontractors on public works projects to submit proposals to provide concrete or concrete materials to that contractor in preparation of bid documents to be submitted to the state or a state agency.
The bid documents submitted to the state or a state agency by the general contractor will list the concrete mix formula for the concrete to be supplied. The mix formula must be approved by the state or the agency of the state seeking bids for the public works project. However, Baldwin Ready Mix does not contract with the state or any of its agencies. Further, the state nor any agency of the state exercises any approval over whether or not Baldwin Ready Mix provides concrete or concrete materials.
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La. R.S. 42:1113D(1)(a)(i) prohibits any member of the legislature, the spouse of such member, and any legal entity of the member from entering into any contract with state government.
La. R.S. 42:1113D(1)(a)(iii) defines a "legal entity of a person" to mean any corporation, partnership, or other legal entity in which a person identified in Item (ii) of this Subparagraph or the spouse of such person owns an interest of greater than five percent, except a publicly traded corporation or a legal entity in which the person owns a passive interest that is the result of participation in a federally approved program of employee ownership.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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