When buying vehicles, did Capital Area Human Services District follow public bid rules or Louisiana's state fleet program?

Plain-English summary

Capital Area Human Services District asked whether state fleet-management rules governed its vehicle purchases. In Opinion 03-0357, the AG said the district was a political subdivision, not an entity within the State Fleet Management Program's listed scope. It therefore had to follow the Louisiana Public Bid Law when buying vehicles for its local governmental use.

The answer turned on the district's statutory status as a special district and the fleet statute's list of covered government entities. The opinion reaffirmed an earlier AG view that the district was subject to public bid requirements.

Currency note

The full issue date is not legible in the available official extract. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

District purchasing staff

The AG read LA. R.S. 46:2662 as creating a special district and said the Public Bid Law governed its vehicle procurement. He found the district outside the state fleet program's listed scope.

State fleet administrators

LA. R.S. 39:361 listed the vehicles subject to the fleet program, including state executive entities and the judicial and legislative branches. The AG found this local political subdivision outside that list and noted the administrative rule repeated the scope language.

Common questions

Which purchase rules governed the district's vehicles?

The AG said the Louisiana Public Bid Law governed purchases for its local-government use.

Did the state fleet program also apply?

No. The district did not fall within the entities listed in LA. R.S. 39:361 or the corresponding administrative scope rule.

Why did the AG call the district a political subdivision?

LA. R.S. 46:2662 created it as a special district, and the opinion applied the constitutional definition of a political subdivision.

Background and statutory framework

The opinion cited LA. R.S. 46:2662 for the district's creation, LSA-R.S. 38:2211 et seq. for public bidding, and LA. R.S. 39:361 for the fleet program's limited scope. It also discussed Louisiana administrative rules on fleet management and their replacement of earlier policies.

Citations and references

• LA. R.S. 46:2662: special district creation.
• LSA-R.S. 38:2211 et seq.: Public Bid Law.
• LA. R.S. 39:361: State Fleet Management Program scope.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0357

Original opinion text

One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 9400S
CIVIL DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOOI~
70804-9005
ATTORNEY (;ENERAL
DEC 0 2O03
Opinion Number 03-0357

90-A POLITICAL SUBDIVISIONS - Officers, Agents & employees 71-1-B MUNICIPALITIES - Home Rule Charter 90-A-1 PUBLIC FUNDS & CONTRACTS
La. R.S. 38:2211 et seq,
La. R.S. 39:361 et seq.
Ms. Jan Kasofsky, Ph. D.
La. R.S, 46:2662
Capital Area Human Services District LAC 34-11-1-101

4615 Government Street, Building 2 The Louisiana Public Bid Law, LSA-R.S. 38:221et seq. should govern
Baton Rouge, LA 70806
CAHSD, as a political subdivision, with respect to purchasing vehicles
for its local governmental entity use, and not the Fleet Management Program, LSA-R.S. 39:361, that applies to state agencies.
Dear Ms. Kasofsky:

You have requested an opinion of our office as to whether the Capital Area Human Services District ("CAHSD") is subject to Louisiana Administrative Code regulations regarding the purchase of vehicles under the State Fleet Management policies. As noted in your opinion request and attached correspondence, the issue hinges on whether CAHSD is considered either a "political subdivision" or a "state agency." The Constitution of the State of Louisiana defines a "political subdivision" as "a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions." LA. CONST. art.
VI § 44 (2003).

The statute that created the CAHSD declares that it "is hereby created as a special district." LA. R.S. 46:2662 (2003). Previous Attorney General Opinion Number 97-220 addressed the question of whether CAHSD was a political subdivision subject to the Louisiana Public Bid Law (LSA-R.S. 38:2211 et seq.) for procurement purposes. In that opinion our office concluded, "CAHSD clearly falls within the definition as a political subdivision and, therefore, is subject to Louisiana’s Public Bid Laws." Atty. Gen. Op.
No. 97-220. It is still the opinion of our office that CAHSD is a political subdivision of the state and must comply with the Louisiana Public Bid Law in the purchase of vehicles.

It is also the opinion of this office that the CAHSD was not intended to be regulated by the Fleet Management Program ("FMP"). LA. R.S. 39:361 establishes the FMP and specifically limits its applicability by stating:

The scope of the fleet management program and associated statewide policies, specifications, and standards shall include and be limited to:

(1) All vehicles which are owned or leased by any agency, board, commission, council, department, or other entity of the executive branch of state government; every vehicle owned and leased by any state college or

Page 2

Opinion Number 03-0357
Ms. Jan Kasofsky
Capital Area Human Services District
Page - 2 -

university; and every vehicle owned or leased by the offices and entities of the judicial and legislative branches of government.

As a political subdivision, CAHSD would not fall under any of the above-mentioned categories. The actual FMP administrative regulation confirms this intent by repeating the scope language of LA. R.S. 39:361 verbatim. LA Admin. Code 34-11-1-101 (2003). These scope requirements are controlling authority since a specific "Nonexclusion" section has been enacted to confirm that "[t]hese regulations supersede and replace PPM 63 (LAC 4:V.Chapter 25) and all other previous regulations and exceptional permissions, both written and verbal." LA Admin. Code 34-11-1-105 (2003).

It is therefore the opinion of this office that opinion No. 97-220 is confirmed in that CAHSD is a political subdivision of the state and governed by Title 38 with respect to purchasing vehicles for its local governmental entity use. It is also the opinion of this office that CAHSD is not subject to the Louisiana Administrative Code Title 34, specifically Part VII. Property Control and PPM Number 63, including State Fleet Guidelines.

Please contact our office if you have any further questions or concerns.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

By:
RICHARD L. McGIM~
Assistant Attorney General