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Regular Session, 2010
HOUSE BILL NO. 1227
BY REPRESENTATIVE SMILEY
LEGISLATIVE AUDITOR: Provides relative to surplus funds of licensing boards and
commissions
AN ACT1
To amend and reenact R.S. 4:65(B)(introductory paragraph), R.S. 8:76(B), R.S. 25:222(B),2
R.S. 32:791(D)(introductory paragraph) and 802(E)(introductory paragraph),3
R.S. 37:375(A)(introductory paragraph) and (D), 977(A)(introductory paragraph),4
1106(A)(introductory paragraph) and (D), 1184(introductory paragraph),5
1371(B)(1)(introductory paragraph) and (2), 1443(introductory paragraph), 2107(A)6
and (C), 2108(B), 2109.1(A)(introductory paragraph), 2156(C)(1) and (2), 2448(A),7
2449(B) and (E), 2451, 2504(F)(introductory paragraph), 2844,8
3089(A)(introductory paragraph), 3116(A)(introductory paragraph), (B)(introductory9
paragraph), and (C)(introductory paragraph), 3218(A)(introductory paragraph),10
3286(A)(introductory paragraph), 3390.6(F)(introductory paragraph),11
3516(A)(introductory paragraph), and 3562(A)(introductory paragraph) and (B), and12
R.S. 51:911.28(A)(introductory paragraph) and to enact Chapter 21 of Title 49 of the13
Revised Statutes of 1950, comprised of R.S. 49:1311, relative to licensing fees14
charged by licensing boards; to require reductions in such fees under circumstances15
related to fund balances held by the board; and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. Chapter 21 of Title 49 of the Revised Statutes of 1950, comprised of18
R.S. 49:1311, is hereby enacted to read as follows:19 HLS 10RS-910 ORIGINAL
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CHAPTER 21. LICENSING FEES1
§1311. Licensing fees; limitation2
A. If on September first of any year, a licensing agency's assets exceed its3
operating expenditures, the licencing agency shall, by November first of that year,4
initiate the promulgation of rules reducing the licensing fees it charges. The agency5
shall reduce fees to an amount estimated to reduce assets below its operating6
expenditures by September first of the following year, except that this Section shall7
not require a reduction of any licensing fee by more than seventy-five percent in any8
one year.9
B. For purposes of this Section:10
(1) "Assets" means unreserved fund balances as determined by the11
Legislative Auditor.12
(2) "Licensing agency" means any agency transferred to the executive branch13
of state government as provided in R.S. 36:803.14
(3) "Licensing fee" means any fee charged by a licensing agency for the15
issuance or renewal of a license, permit, or other credential.16
(4) "Operating expenditures" means the average annual operating cost of the17
licensing agency over the three fiscal years 2008-2009, 2009-2010, and 2010-201118
as determined by the Legislative Auditor annually adjusted for inflation based on the19
Consumer Prices Index.20
C. All findings and reports of the Legislative Auditor regarding licensing21
agencies and their compliance with this Section shall be submitted to the22
commissioner of administration, and the commissioner shall post such findings and23
reports on the website established and maintained pursuant to R.S. 49:1301 et seq.24
Section 2. R.S. 4:65(B)(introductory paragraph) is hereby amended and reenacted25
to read as follows:26
§65. Licenses; fees; bond27
* * *28
B. The Except as provided in R.S. 49:1311, the commission may charge the29 HLS 10RS-910 ORIGINAL
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following fees for licenses:1
* * *2
Section 3. R.S. 8:76(B) is hereby amended and reenacted to read as follows:3
§76. Sale or transfer of cemetery authority; application for new certificate of4
authority; compliance required; late charge5
* * *6
B. Transferees Except as provided in R.S. 49:1311, transferees which fail to7
file an application for a certificate of authority at the time required herein shall, in8
addition to the prescribed regulatory charge, pay an additional late charge of fifty9
percent of the prescribed regulatory charge or one hundred dollars whichever is10
lesser.11
* * *12
Section 4. R.S. 25:222(B) is hereby amended and reenacted to read as follows:13
§222. State board of library examiners; creation; members, appointment, and terms14
of office; duties; examinations of applicants; fee for examination and15
certificate 16
* * *17
B. All Except as provided in R.S. 49:1311, all applicants for the certificates18
as librarian shall be required to deposit and pay to the State Library of Louisiana a19
fee of five dollars; if the applicants are successful in the examination, they will be20
given a certificate by the board of examiners. All fees collected by the board shall21
be turned over by it to the State Library of Louisiana to defray the incidental22
expenses for certificates, traveling expenses, stationery, postage, and the like.23
Section 5. R.S. 32:791(D)(introductory paragraph) and 802(E)(introductory24
paragraph) are hereby amended and reenacted to read as follows:25
§791. Application for license; fee; educational seminar; bond requirements; liability26
insurance; salesperson's license; location of business27
* * *28
D. The Except as provided in R.S. 49:1311, the schedule of license fees to29 HLS 10RS-910 ORIGINAL
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be charged and received by the commission for the licenses issued hereunder shall1
be as follows:2
* * *3
§802. License required; application; fee; duration4
* * *5
E. Every Except as provided in R.S. 49:1311, every application for license6
as a dismantler and parts recycler, dismantler and parts recycler salesperson, or7
motor vehicle crusher shall be accompanied by the following fee:8
* * *9
Section 6. R.S. 37:375(A)(introductory paragraph) and (D), 977(A)(introductory10
paragraph), 1106(A)(introductory paragraph) and (D), 1184(introductory paragraph),11
1371(B)(1)(introductory paragraph) and (2), 1443(introductory paragraph), 2107(A) and (C),12
2108(B), 2109.1(A)(introductory paragraph), 2156(C)(1) and (2), 2448(A), 2449(B) and13
(E), 2451, 2504(F)(introductory paragraph), 2844, 3089(A)(introductory paragraph),14
3116(A)(introductory paragraph), (B)(introductory paragraph), and (C)(introductory15
paragraph), 3218(A)(introductory paragraph), 3286(A)(introductory paragraph),16
3390.6(F)(introductory paragraph), 3516(A)(introductory paragraph), and17
3562(A)(introductory paragraph) and (B) are hereby amended and reenacted to read as18
follows:19
§375. Fees20
A. The Except as provided in R.S. 49:1311, the fees to be paid for services21
rendered under the provisions of this Chapter shall be as follows:22
* * *23
D. The annual registration renewal fee provided in Subsection A of this24
Section shall be due and payable no later than January thirty-first of each year. If25
Except as provided in R.S. 49:1311, if payment is received after January thirty-first,26
but before March thirty-first, there shall be an additional charge of ten dollars. If27
Except as provided in R.S. 49:1311, if payment is received after March thirty-first,28
there shall be an additional charge of twenty dollars.29 HLS 10RS-910 ORIGINAL
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* * *1
§977. Fees2
A. The board is authorized, by rule promulgated in accordance with the3
Administrative Procedure Act, to establish fees and costs which, except as provided4
in R.S. 49:1311, shall be within the range prescribed by the following schedule:5
* * *6
§1106. Fees; application for license7
A. The Except as provided in R.S. 49:1311, the board shall collect the8
following fees:9
* * *10
D. The Except as provided in R.S. 49:1311, the board may assess and collect11
fines in an amount not to exceed five hundred dollars for violations of this Chapter12
and rules promulgated by the board.13
* * *14
§1184. Fees15
Notwithstanding any other provision of this Chapter and except as provided16
in R.S. 49:1311, the fees and costs established by the board in accordance with17
R.S. 37:1182(A)(19) shall not be less than the following schedule:18
* * *19
§1371. Fees20
* * *21
B.(1) Effective January 1, 2000, Except as provided in R.S. 49:1311, the22
board may increase fees and charges in accordance with the following schedule:23
* * *24
(2) Any Except as provided in R.S. 49:1311, any other fees adopted by the25
board in accordance with the Administrative Procedure Act in effect on July 9, 1999,26
shall remain in effect.27
* * *28
§1443. Fees29 HLS 10RS-910 ORIGINAL
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The Except as provided in R.S. 49:1311, the commission may charge:1
* * *2
§2107. Examination and license fees3
A. The Except as provided in R.S. 49:1311, the board shall require each4
applicant for an examination to deposit the sum of fifty dollars as a nonrefundable5
examination fee.6
* * *7
C. The Except as provided in R.S. 49:1311, the board is authorized to charge8
a fee of twenty-five dollars for the issuance of each license.9
§2108. Renewal of licenses; suspension for failure to renew; renewal fee10
* * *11
B. The Except as provided in R.S. 49:1311, the secretary of the board shall12
charge a fee of twenty-five dollars for the renewal of a license.13
* * *14
§2109.1. Miscellaneous fees15
A. The Except as provided in R.S. 49:1311, the board shall assess and collect16
fees as follows:17
* * *18
§2156. Unexpired licenses; fees; renewals19
* * *20
C.(1) To defray the cost of issuing licenses and of administering this21
Chapter, the board shall fix reasonable fees to be assessed under this Chapter, and22
reasonable penalties to be assessed for late applications for renewal of licenses and23
other administrative infractions; however, except as provided in R.S. 49:1311, the24
basic license fee shall be the sum of not more than one hundred dollars and the fee25
for additional classifications shall be such lesser amount as set by the board.26
(2) The Except as provided in R.S. 49:1311, the board shall have the27
authority to assess an additional surcharge of no more than four hundred dollars in28
connection with the application for and issuance of a contractor's license to a29 HLS 10RS-910 ORIGINAL
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contractor not domiciled in the state of Louisiana, to be utilized to defray the1
additional cost of the investigation of the application of said non-Louisiana2
contractor, including references supplied by the contractor, work history supplied by3
the work contractor, and other pertinent information required by the board in4
connection with an application for a contractor's license.5
* * *6
§2448. Issuance of license; certificates of endorsement7
A. Upon Except as provided in R.S. 49:1311, upon payment of seventy-five8
dollars the board shall register each applicant who satisfactorily passes the9
examination. Each , and each subsequent certificate requested shall be issued for a10
fee of fifty dollars. Thereupon, the board shall issue to the applicant a license. The11
license shall expire on December thirty-first of each year.12
* * *13
§2449. Temporary training permit14
* * *15
B. Upon receiving an application provided under Subsection A of this16
Section, accompanied by a fee of one hundred dollars, except as provided in R.S.17
49:1311, the board shall issue a temporary training permit which shall entitle the18
applicant to participate in the fitting and selling of hearing aids, under supervision,19
for a period ending thirty days after the conclusion of the next examination the20
applicant is required to take.21
* * *22
E. If a person who holds a temporary training permit issued under this23
Section takes and fails to pass the next required examination given after the date of24
issue, the board may renew the temporary training permit for a period ending thirty25
days after the conclusion of the next examination given. In no event shall more than26
one renewal be permitted. The Except as provided in R.S. 49:1311, the fee for27
renewal shall be seventy-five dollars.28
* * *29 HLS 10RS-910 ORIGINAL
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§2451. Renewal of license; fees1
A. A Except as provided by R.S. 49:1311, a person who engages in the2
fitting and selling of hearing aids shall annually pay the board a fee of two hundred3
dollars for a renewal of his license or certificate of endorsement. A , and a thirty-day4
grace period shall be allowed after the expiration of a license or certificate of5
endorsement during which the same may be renewed on payment of a fee of three6
hundred dollars to the board.7
B. The board shall suspend the license or certificate of any person who fails8
to have his license or certificate renewed by the expiration of the thirty-day grace9
period. After Except as provided in R.S. 49:1311, after the expiration of the grace10
period, the board may renew a license or certificate upon payment of a fee of four11
hundred dollars to the board.12
* * *13
§2504. Functions and duties of the board14
* * *15
F. The board is authorized to establish fees and costs to be imposed for the16
purpose of implementing and enforcing the provisions of this Chapter.17
Notwithstanding any other provision of this Chapter and except as provided in R.S.18
49:1311, the fees and costs established by the board shall not be less nor more than19
the range created by the following schedule:20
* * *21
§2844. Examination and certification fee22
Except as provided in R.S. 49:1311, fees to be paid under this Chapter shall23
be as follows:24
(a) (1) The fee to be paid by an applicant for an examination to determine his25
fitness to receive a polygraphist's certificate is twenty-five dollars, which is not to26
be credited as payment against the certificate.27
(b) (2) The fee to be paid for an original polygraphist's certificate is a28
minimum fee of fifty dollars, or a fee not to exceed one hundred dollars as set forth29 HLS 10RS-910 ORIGINAL
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by the board.1
(c) (3) The fee to be paid for an internship certificate is fifty dollars.2
(d) (4) The fee to be paid for the issuance of a duplicate polygraphist's3
certificate is ten dollars.4
(e) (5) The fee to be paid for a polygraphist's renewal certificate is a5
minimum fee of twenty-five dollars, or a fee not to exceed fifty dollars, as set forth6
by the board.7
(f) (6) The fee to be paid for the extension or renewal of an internship8
certificate is a minimum fee of twenty-five dollars, or a fee not to exceed fifty9
dollars, as set forth by the board.10
(g) (7) The fee to be paid for a duplicate internship certificate is ten dollars.11
(h) (8) The fee to be paid for an original polygraphist's certificate by an out-12
of-state polygraphist shall not be less than fifty dollars but no greater than one13
hundred dollars, as set forth by the board, or an amount not to exceed the licensing14
or certification fee charged by the state or territory in which the out-of-state15
polygraphist is licensed or certified, whichever is greater.16
(i) (9) The fee to be paid for a polygraphist's renewal certificate by an out-of-17
state polygraphist shall not be less than twenty-five dollars but no greater than fifty18
dollars, as set forth by the board, or an amount not to exceed the renewal fee charged19
by the state or territory in which the out-of-state polygraphist is licensed or certified,20
whichever is greater.21
* * *22
§3089. Fees 23
A. Fees Except as provided in R.S. 49:1311, fees to be paid under this24
Chapter shall be as follows: 25
* * *26
§3116. Fees27
A. Except as otherwise provided in Subsections B and C of this Section and28
except as provided in R.S. 49:1311, the board may assess the following schedule of29 HLS 10RS-910 ORIGINAL
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fees:1
* * *2
B. The Except as provided in R.S. 49:1311, the fee for initial licensure or3
annual renewal of licensure of a nonresident auctioneer licensed or to be licensed by4
reciprocity pursuant to R.S. 37:3117 shall be the greater of either:5
* * *6
C. The Except as provided in R.S. 49:1311, the fee for initial licensure or7
annual renewal of licensure of an auction business owned by a nonresident8
auctioneer shall be the greater of either:9
* * *10
§3218. Fees 11
A. Fees Except as provided in R.S. 49:1311, fees to be paid under this12
Chapter shall be as follows: 13
* * *14
§3286. Fees15
A. The Except as provided in R.S. 49:1311, the board may assess the16
following schedule of fees, which shall not be refundable:17
* * *18
§3390.6. Addictive Disorders Professionals Licensing and Certification Fund19
* * *20
F. The Except as provided in R.S. 49:1311, the department is authorized to21
impose and collect the following fees:22
* * *23
§3516. Fees24
A. The Except as provided in R.S. 49:1311, the board shall assess the25
following schedule of fees which shall not be refundable:26
* * *27
§3562. Fees28
A. The Except as provided in R.S. 49:1311, the board shall assess and collect29 HLS 10RS-910 ORIGINAL
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fees as provided in this Section, including the following fees:1
* * *2
B. If the board provides by rule or regulation for certifying massage therapy3
instructors, the board may set fees as part of such rules or regulations, not to exceed4
ten dollars for initial certification, ten dollars for annual renewal, fifty dollars for late5
applications less than thirty days late, and one hundred dollars for late applications6
thirty days late or more , except as provided in R.S. 49:1311.7
* * *8
Section 7. R.S. 51:911.28(A)(introductory paragraph) is hereby amended and9
reenacted to read as follows:10
§911.28. Fees; disposition11
A. The Except as provided in R.S. 49:1311, the commission shall impose and12
collect the following schedule of fees:13
* * *14
Section 8. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Smiley HB No. 1227
Abstract: Provides relative to licensing fees charged by boards and other entities that
license persons or activities.
Proposed law provides relative to boards that charge fees for licensing persons and activities.
Provides that if on Sept, 1st of any year, a licensing board's unreserved fund balances as
determined by the Legislative Auditor exceed its annual operating expenditures, the
licencing agency shall, by Nov. 1st, initiate the promulgation of rules reducing the licensing
fees it charges. The agency shall reduce fees to an amount estimated to reduce such balances
below its annual operating expenditures by Sept. 1st of the following year. However,
proposed law does not require a reduction of any licensing fee by more than 75% in any one
year. Proposed law provides that annual operating expenditures means the average annual HLS 10RS-910 ORIGINAL
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operating cost of the licensing agency over the three fiscal years 2008-2009, 2009-2010, and
2010-2011 as determined by the Legislative Auditor annually adjusted for inflation based
on the Consumer Prices Index. Proposed law further requires that all findings and reports
of the Legislative Auditor regarding licensing boards and their compliance with proposed
law shall be submitted to the commissioner of administration. Requires the to post such
findings and reports on the website established and maintained pursuant to present law.
Proposed law amends present law provisions relative to the fees charged by licensing boards
to ensure that such fees are charged in accordance with proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 4:65(B)(intro. para.), R.S. 8:76(B), R.S. 25:222(B), R.S. 32:791(D)(intro.
para.) and 802(E)(intro. para.), R.S. 37:375(A)(intro. para.) and (D), 977(A)(intro. para.),
1106(A)(intro. para.) and (D), 1184(intro. para.), 1371(B)(1)(intro. para.) and (2),
1443(intro. para.), 2107(A) and (C), 2108(B), 2109.1(A)(intro. para.), 2156(C)(1) and (2),
2448(A), 2449(B) and (E), 2451, 2504(F)(intro. para.), 2844, 3089(A)(intro. para.),
3116(A)(intro. para.), (B)(intro. para.), and (C)(intro. para.), 3218(A)(intro. para.),
3286(A)(intro. para.), 3390.6(F)(intro. para.), 3516(A)(intro. para.), and 3562(A)(intro.
para.) and (B), and R.S. 51:911.28(A)(intro. para.); Adds R.S. 49:1311)