Louisiana 2011 2011 Regular Session

Louisiana House Bill HB418 Engrossed / Bill

                    HLS 11RS-914	REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 418
BY REPRESENTATIVE THIERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PLUMBERS: Authorizes the La. State Plumbing Board to fine any person performing
plumbing work without a license
AN ACT1
To amend and reenact R.S. 37:1374, relative to the Louisiana State Plumbing Board; to2
authorize the board to fine any person performing plumbing work without a license;3
to provide for dispensation of the monies collected; to provide for exceptions; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 37:1374 is hereby amended and reenacted to read as follows: 7
ยง1374.  Penalty8
A. Whoever violates the provisions of this Chapter shall be fined not less9
than five hundred dollars nor more than five thousand dollars, or imprisoned for not10
more than ninety days, or both.11
B. Upon receipt of a complaint from a consumer for whom the work was12
performed, the Louisiana State Plumbing Board shall have the authority to fine any13
person, or employing entity, who performs plumbing work or engages in the business14
of plumbing while not possessing a license or endorsement issued by the board or15
otherwise in violation of this Chapter, subject to the provisions of the Administrative16
Procedure Act, an amount not more than five thousand dollars. The monies collected17
pursuant to this Subsection shall be used by the board in a manner consistent with18
R.S. 37:1371.19 HLS 11RS-914	REENGROSSED
HB NO. 418
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C.  Nothing in this Section shall be construed to supersede the exceptions1
provided for in R.S. 37:1376 and 1377.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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)]
Thierry	HB No. 418
Abstract: Authorizes the La. State Plumbing Board, upon receipt of a complaint from a
consumer for whom the work was performed, to fine any person performing
plumbing work without a license an amount not to exceed $5,000.
Present law provides that whoever violates the provisions of present law shall be fined not
less than $500 nor more than $5,000, or imprisoned for not more than 90 days, or both.
Proposed law retains present law and further provides that, upon receipt of a complaint from
a consumer for whom the work was performed, the La. State Plumbing Board shall have the
authority to fine any person, or employing entity, who performs plumbing work or engages
in the business of plumbing while not possessing a license or endorsement issued by the
board or otherwise in violation of proposed law, an amount not more than $5,000.
Proposed law requires the monies collected pursuant to proposed law to be used by the board
in a manner consistent with the provisions of law regarding the use of licensing fees
collected by the board.
Proposed law provides that nothing in proposed law shall be construed to supersede the
existing exceptions to the licensing requirement.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:1374)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical corrections.
2. Specified that the maximum fine that may be levied by the board is $5,000. HLS 11RS-914	REENGROSSED
HB NO. 418
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3. Required the monies collected through fines to be used in a similar fashion as the
monies collected through licensing fees.
4. Specified that proposed law does not supersede existing exemptions to the
licensing requirement.
5. Specified that the complaint which forms the basis upon which a person
performing unlicensed plumbing work is fined must be from the consumer for
whom the work was performed.