HLS 10RS-3186 ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 1482 (Substitute for House Bill No. 1227 by Representative Smiley)
BY REPRESENTATIVE SMILEY
FEES/LICENSES/PERMI TS: Requires reductions in fees charged by licensing agencies
under certain circumstances
AN ACT1
To amend and reenact R.S. 4:65(B)(introductory paragraph), R.S. 32:791(D)(introductory2
paragraph) and 802(E)(introductory paragraph), R.S. 37:375(A)(introductory3
paragraph), 977(A)(introductory paragraph), 1106(A)(introductory paragraph),4
1184(introductory paragraph), 1371(B)(1)(introductory paragraph) and (2),5
1443(introductory paragraph), 2107(A) and (C), 2108(B), 2109.1(A)(introductory6
paragraph), 2156(C)(1) and (2), 2448(A), 2449(B) and (E), 2451,7
2504(F)(introductory paragraph), 2844, 3089(A)(introductory paragraph),8
3116(A)(introductory paragraph), (B)(introductory paragraph), and (C)(introductory9
paragraph), 3218(A)(introductory paragraph), 3286(A)(introductory paragraph),10
3516(A)(introductory paragraph), and 3562(A)(introductory paragraph) and (B), and11
R.S. 51:911.28(A)(introductory paragraph) and to enact Chapter 21 of Title 49 of the12
Louisiana Revised Statutes of 1950, to be comprised of R.S. 49:1311, relative to13
licensing fees charged by licensing boards; to require reductions in such fees under14
circumstances related to fund balances held by the board; and to provide for related15
matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. Chapter 21 of Title 49 of the Louisiana Revised Statutes of 1950, to be18
comprised of R.S. 49:1311, is hereby enacted to read as follows:19 HLS 10RS-3186 ENGROSSED
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CHAPTER 21. LICENSING FEES1
§1311. Licensing fees; limitation2
A. For purposes of this Section:3
(1) "Licensing agency" means any agency transferred to the executive branch4
of state government as provided in R.S. 36:803. However, "licensing agency" shall5
not include the board of directors of the Addictive Disorder Regulatory Authority nor6
the Louisiana Cemetery Board.7
(2) "Licensing fee" means any fee charged by a licensing agency for the8
issuance, renewal, or reinstatement of a license, permit, or other credential.9
(3) "Operating expenditures" means the average annual operating cost of the10
licensing agency over the three fiscal years 2007-2008, 2008-2009, and 2009-201011
annually adjusted for inflation based on the Consumer Prices Index.12
B. If a licensing agency's audited financial statement or annual financial13
report, as applicable, prepared for a fiscal year that ends in an odd numbered14
calendar year indicates that the agency's unrestricted net assets exceed its operating15
expenditures, the licencing agency shall promulgate rules reducing the licensing fees16
it charges. The agency shall reduce any or all fees to amounts estimated to reduce17
its unrestricted net assets below its operating expenditures by the end of the ensuing18
fiscal year that ends in an odd numbered calendar year, except that this Section shall19
not require a reduction of any licensing fee by more than seventy-five percent in any20
twenty-four month period.21
C. Any licensing agency that receives a report of findings from the22
Legislative Auditor regarding the agency's compliance with this Section shall submit23
such reports to the commissioner of administration, and the commissioner shall post24
such reports on the website established and maintained pursuant to R.S. 49:1301 et25
seq.26
Section 2. R.S. 4:65(B)(introductory paragraph) is hereby amended and reenacted27
to read as follows:28 HLS 10RS-3186 ENGROSSED
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§65. Licenses; fees; bond1
* * *2
B. The commission may charge the following fees for licenses , subject to3
reduction pursuant to R.S. 49:1311:4
* * *5
Section 3. R.S. 32:791(D)(introductory paragraph) and 802(E)(introductory6
paragraph) are hereby amended and reenacted to read as follows:7
§791. Application for license; fee; educational seminar; bond requirements; liability8
insurance; salesperson's license; location of business9
* * *10
D. The schedule of license fees to be charged and received by the11
commission for the licenses issued hereunder shall be as follows, subject to reduction12
pursuant to R.S. 49:1311:13
* * *14
§802. License required; application; fee; duration15
* * *16
E. Every application for license as a dismantler and parts recycler, dismantler17
and parts recycler salesperson, or motor vehicle crusher shall be accompanied by the18
following fee, which is subject to reduction pursuant to R.S. 49:1311:19
* * *20
Section 4. R.S. 37:375(A)(introductory paragraph), 977(A)(introductory paragraph),21
1106(A)(introductory paragraph), 1184(introductory paragraph), 1371(B)(1)(introductory22
paragraph) and (2), 1443(introductory paragraph), 2107(A) and (C), 2108(B),23
2109.1(A)(introductory paragraph), 2156(C)(1) and (2), 2448(A), 2449(B) and (E), 2451,24
2504(F)(introductory paragraph), 2844, 3089(A)(introductory paragraph),25
3116(A)(introductory paragraph), (B)(introductory paragraph), and (C)(introductory26
paragraph), 3218(A)(introductory paragraph), 3286(A)(introductory paragraph),27
3516(A)(introductory paragraph), and 3562(A)(introductory paragraph) and (B) are hereby28
amended and reenacted to read as follows:29 HLS 10RS-3186 ENGROSSED
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§375. Fees1
A. The fees to be paid for services rendered under the provisions of this2
Chapter shall be as follows, subject to reduction pursuant to R.S. 49:1311:3
* * *4
§977. Fees5
A. The board is authorized, by rule promulgated in accordance with the6
Administrative Procedure Act, to establish fees and costs which shall be within the7
range prescribed by the following schedule, subject to reduction pursuant to R.S.8
49:1311:9
* * *10
§1106. Fees; application for license11
A. The board shall collect the following fees, subject to reduction pursuant12
to R.S. 49:1311:13
* * *14
§1184. Fees15
Notwithstanding any other provision of this Chapter, the fees and costs16
established by the board in accordance with R.S. 37:1182(A)(19) shall not be less17
than the following schedule, subject to reduction pursuant to R.S. 49:1311:18
* * *19
§1371. Fees20
* * *21
B.(1) Effective January 1, 2000, the The board may increase fees and22
charges in accordance with the following schedule, subject to reduction pursuant to23
R.S. 49:1311:24
* * *25
(2) Any other fees adopted by the board in accordance with the26
Administrative Procedure Act in effect on July 9, 1999, shall remain in effect ,27
subject to reduction pursuant to R.S. 49:1311.28
* * *29 HLS 10RS-3186 ENGROSSED
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§1443. Fees1
The commission may charge the following fees, subject to reduction pursuant2
to R.S. 49:1311:3
* * *4
§2107. Examination and license fees5
A. The board shall require each applicant for an examination to deposit the6
sum of fifty dollars as a nonrefundable examination fee , subject to reduction7
pursuant to R.S. 49:1311.8
* * *9
C. The board is authorized to charge a fee of twenty-five dollars for the10
issuance of each license, subject to reduction pursuant to R.S. 49:1311.11
§2108. Renewal of licenses; suspension for failure to renew; renewal fee12
* * *13
B. The secretary of the board shall charge a fee of twenty-five dollars for the14
renewal of a license, subject to reduction pursuant to R.S. 49:1311.15
* * *16
§2109.1. Miscellaneous fees17
A. The board shall assess and collect fees as follows, subject to reduction18
pursuant to R.S. 49:1311:19
* * *20
§2156. Unexpired licenses; fees; renewals21
* * *22
C.(1) To defray the cost of issuing licenses and of administering this23
Chapter, the board shall fix reasonable fees to be assessed under this Chapter, and24
reasonable penalties to be assessed for late applications for renewal of licenses and25
other administrative infractions; however, the basic license fee shall be the sum of26
not more than one hundred dollars and the fee for additional classifications shall be27
such lesser amount as set by the board. All such fee amounts are subject to reduction28
pursuant to R.S. 49:1311.29 HLS 10RS-3186 ENGROSSED
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(2) The board shall have the authority to assess an additional surcharge of1
no more than four hundred dollars, subject to a reduction pursuant to R.S. 49:1311,2
in connection with the application for and issuance of a contractor's license to a3
contractor not domiciled in the state of Louisiana, to be utilized to defray the4
additional cost of the investigation of the application of said non-Louisiana5
contractor, including references supplied by the contractor, work history supplied by6
the work contractor, and other pertinent information required by the board in7
connection with an application for a contractor's license.8
* * *9
§2448. Issuance of license; certificates of endorsement10
A. Upon payment of seventy-five dollars, the board shall register each11
applicant who satisfactorily passes the examination. Each , and each subsequent12
certificate requested shall be issued for a fee of fifty dollars. However, such fees13
shall be subject to reduction pursuant to R.S. 49:1311. Thereupon, the board shall14
issue to the applicant a license. The license shall expire on December thirty-first of15
each year.16
* * *17
§2449. Temporary training permit18
* * *19
B. Upon receiving an application provided under Subsection A of this20
Section, accompanied by a fee of one hundred dollars, the board shall issue a21
temporary training permit which shall entitle the applicant to participate in the fitting22
and selling of hearing aids, under supervision, for a period ending thirty days after23
the conclusion of the next examination the applicant is required to take. However,24
such fee shall be subject to reduction pursuant to R.S. 49:1311.25
* * *26
E. If a person who holds a temporary training permit issued under this27
Section takes and fails to pass the next required examination given after the date of28
issue, the board may renew the temporary training permit for a period ending thirty29 HLS 10RS-3186 ENGROSSED
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days after the conclusion of the next examination given. In no event shall more than1
one renewal be permitted. The fee for renewal shall be seventy-five dollars , subject2
to reduction pursuant to R.S. 49:1311.3
* * *4
§2451. Renewal of license; fees5
A. A person who engages in the fitting and selling of hearing aids shall6
annually pay the board a fee of two hundred dollars for a renewal of his license or7
certificate of endorsement. A , and a thirty-day grace period shall be allowed after8
the expiration of a license or certificate of endorsement during which the same may9
be renewed on payment of a fee of three hundred dollars to the board. However,10
such fees shall be subject to reduction pursuant to R.S. 49:1311. 11
B. The board shall suspend the license or certificate of any person who fails12
to have his license or certificate renewed by the expiration of the thirty-day grace13
period. After the expiration of the grace period, the board may renew a license or14
certificate upon payment of a fee of four hundred dollars to the board. However,15
such fee shall be subject to reduction pursuant to R.S. 49:1311. 16
* * *17
§2504. Functions and duties of the board18
* * *19
F. The board is authorized to establish fees and costs to be imposed for the20
purpose of implementing and enforcing the provisions of this Chapter.21
Notwithstanding any other provision of this Chapter, the fees and costs established22
by the board shall not be less nor more than the range created by the following23
schedule, subject to reduction pursuant to R.S. 49:1311:24
* * *25
§2844. Examination and certification fee26
Subject to reduction pursuant to R.S. 49:1311, fees to be paid under this27
Chapter shall be as follows:28 HLS 10RS-3186 ENGROSSED
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(a) (1) The fee to be paid by an applicant for an examination to determine his1
fitness to receive a polygraphist's certificate is twenty-five dollars, which is not to2
be credited as payment against the certificate.3
(b) (2) The fee to be paid for an original polygraphist's certificate is a4
minimum fee of fifty dollars, or a fee not to exceed one hundred dollars as set forth5
by the board.6
(c) (3) The fee to be paid for an internship certificate is fifty dollars.7
(d) (4) The fee to be paid for the issuance of a duplicate polygraphist's8
certificate is ten dollars.9
(e) (5) The fee to be paid for a polygraphist's renewal certificate is a10
minimum fee of twenty-five dollars, or a fee not to exceed fifty dollars, as set forth11
by the board.12
(f) (6) The fee to be paid for the extension or renewal of an internship13
certificate is a minimum fee of twenty-five dollars, or a fee not to exceed fifty14
dollars, as set forth by the board.15
(g) (7) The fee to be paid for a duplicate internship certificate is ten dollars.16
(h) (8) The fee to be paid for an original polygraphist's certificate by an out-17
of-state polygraphist shall not be less than fifty dollars but no greater than one18
hundred dollars, as set forth by the board, or an amount not to exceed the licensing19
or certification fee charged by the state or territory in which the out-of-state20
polygraphist is licensed or certified, whichever is greater.21
(i) (9) The fee to be paid for a polygraphist's renewal certificate by an out-of-22
state polygraphist shall not be less than twenty-five dollars but no greater than fifty23
dollars, as set forth by the board, or an amount not to exceed the renewal fee charged24
by the state or territory in which the out-of-state polygraphist is licensed or certified,25
whichever is greater.26
(j) (10) The fees required by this Chapter may be paid by the government27
agency employing the polygraphist.28
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§3089. Fees 1
A. Fees to be paid under this Chapter shall be as follows, subject to reduction2
pursuant to R.S. 49:1311: 3
* * *4
§3116. Fees5
A. Except as otherwise provided in Subsections B and C of this Section and6
subject to reduction pursuant to R.S. 49:1311, the board may assess the following7
schedule of fees:8
* * *9
B. The Subject to reduction pursuant to R.S. 49:1311, the fee for initial10
licensure or annual renewal of licensure of a nonresident auctioneer licensed or to11
be licensed by reciprocity pursuant to R.S. 37:3117 shall be the greater of either:12
* * *13
C. The Subject to reduction pursuant to R.S. 49:1311, the fee for initial14
licensure or annual renewal of licensure of an auction business owned by a15
nonresident auctioneer shall be the greater of either:16
* * *17
§3218. Fees 18
A. Fees to be paid under this Chapter shall be as follows, subject to reduction19
pursuant to R.S. 49:1311: 20
* * *21
§3286. Fees22
A. The board may assess the following schedule of fees, subject to reduction23
pursuant to R.S. 49:1311, which shall not be refundable:24
* * *25
§3516. Fees26
A. The board shall assess the following schedule of fees, subject to reduction27
pursuant to R.S. 49:1311, which shall not be refundable:28
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§3562. Fees1
A. The board shall assess and collect fees as provided in this Section,2
including the following fees, subject to reduction pursuant to R.S. 49:1311:3
* * *4
B. If the board provides by rule or regulation for certifying massage therapy5
instructors, the board may set fees as part of such rules or regulations, not to exceed6
ten dollars for initial certification, ten dollars for annual renewal, fifty dollars for late7
applications less than thirty days late, and one hundred dollars for late applications8
thirty days late or more. However, such fees shall be subject to reduction pursuant9
to R.S. 49:1311.10
* * *11
Section 5. R.S. 51:911.28(A)(introductory paragraph) is hereby amended and12
reenacted to read as follows:13
§911.28. Fees; disposition14
A. The commission shall impose and collect the following schedule of fees,15
subject to reduction pursuant to R.S. 49:1311:16
* * *17
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. 1482
Abstract: Provides relative to licensing fees charged by boards and other entities that
license persons or activities.
Proposed law provides that if a licensing agency's audited financial statement or annual
financial report prepared for a fiscal year that ends in an odd numbered calendar indicates
that the agency's unrestricted net assets exceed its operating expenditures, the licensing
agency shall promulgate rules reducing the licensing fees it charges. Requires the agency
to reduce fees to amounts estimated to reduce its unrestricted net assets below its operating
expenditures in two years. However, proposed law does not require a reduction of any
licensing fee by more than 75% in any one year. Provides that the Addictive Disorder
Regulatory Authority Board of Directors nor the La. Cemetery Board are not considered
licensing agencies for purposes of proposed law.
Proposed law provides that annual operating expenditures means the average annual
operating cost of the licensing agency over the three fiscal years 2007-2008, 2008-2009, and HLS 10RS-3186 ENGROSSED
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2009-2010, 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 commissioner to post such findings and reports on the website
established and maintained pursuant to present law.
Proposed law amends present law provisions that set specific amounts or minimums for fees
charged by licensing boards to specifically provide that such fees are subject to reduction
in accordance with proposed law.
(Amends R.S. 4:65(B)(intro. para.), R.S. 32:791(D)(intro. para.) and 802(E)(intro. para.),
R.S. 37:375(A)(intro. para.), 977(A)(intro. para.), 1106(A)(intro. para.), 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.), 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)