§4712.18. Sharing of equipment between public entities

A.(1) Notwithstanding any other provisions of law to the contrary, public entities may share equipment with another public entity without having to expend funds for such use, provided that both entities have executed a cooperative endeavor agreement for the use of the equipment.

(2) The cooperative endeavor agreement shall set forth in reasonable detail the obligations of the parties and shall:

(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 public entity.

(c) Address 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 public entity.

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

(3)(a) When an emergency situation is declared and public entities need to share equipment, the provisions of Paragraph (1) of this Subsection are not required, provided the public entities share the equipment in good faith relative to the emergency situation.

(b) The Governor's Office of Homeland Security and Emergency Preparedness may coordinate the sharing of equipment between the public and private entities in order to meet the needs of an emergency or disaster pursuant to R.S. 29:724.

B. For the purposes of this Section, "public entities" means: (a) state boards, agencies or commissions, parishes, municipalities, city parish, and other local school boards and districts, levee boards and districts, port boards and commissions, port, harbor, and terminal and industrial districts, drainage and land reclamation districts, all special service districts including but not limited to road, water, sewage, fire protection, recreation, hospital service, and gas utility districts; (b) all other political subdivisions, special authorities, commissions, public trusts, and boards heretofore or hereafter created by or pursuant to the constitution or statutes of the state, any laws incorporated into or ratified or confirmed by the constitution, or general or special charters of any parish or municipality; and (c) all other units of local government created by or governed by the governing authorities of parishes or municipalities.

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

Acts 2017, No. 191, §1, eff. June 12, 2017; Acts 2018, No. 548, §3.