Title 33. Municipalities and Parishes

Chapter 13. Property and Buildings

33:4712.18        Donation of the use of equipment and utilization of personnel between political subdivisions

A. (1) As set forth in Article 7, Section 14(B)(14) of the Constitution of Louisiana, political subdivisions may donate the use of public equipment and the utilization of personnel to another political subdivision for an activity or function the requesting political subdivision is authorized to exercise, provided that both entities have executed a written agreement for the use of the equipment or utilization of personnel. 

(2) The written agreement shall set forth the following: 

(a) Identify the equipment that will be shared. 

(b) Explain the use of the equipment and the approximate length of time for use of the equipment by the requesting political subdivision. 

(c) Provide for the responsibility for repairing or replacing the equipment when the equipment becomes inoperable for its intended use due to a mechanical or other breakdown while in the possession of the requesting political subdivision. 

(d) Include a hold harmless provision releasing the lending political subdivision from expenses, damages, or losses arising from the use of the equipment. 

(e) Provide for responsibility to maintain in force and effect any and all compulsory policies of insurance mandated by state law. 

(3) With respect to personnel, the written agreement shall provide: 

(a) Identity and employment position of employee. 

(b) Delineation of responsibility for worker’s compensation and employment liability insurance coverage. 

(c) Responsible entity for issuance of pay and reporting of earnings to appropriate federal and state authorities. 

(d) Whether the employee is a direct or borrowed employee of the respective political subdivisions. 

(e) Include hold harmless and indemnification provision relating to damages arising out of or connected with the activities of the employee. 

(4) The donor shall provide an estimate of the value of the donation. 

B. The provisions of R.S. 33:2337 and 2338 shall supersede and control in the event of conflict with the provisions of this Section. 

Added by Acts 2017, No. 191, § 1, eff. June 12, 2017. Amended by Acts 2018, No. 548, § 3; Acts 2020, No. 279, § 1.