HLS 13RS-790 ENGROSSED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 421 BY REPRESENTATIVE PONTI CONTRACTORS: Adds a fee at license renewal for contractors dedicated to certain schools of construction management or construction technology AN ACT1 To amend and reenact R.S. 37:2156(C)(3), relative to contractor license renewal fees; to2 provide for an additional fee; to provide for an option to not participate; to provide3 for dedication and allocation of the fee; to provide for distribution to accredited4 public university or community college schools of construction management or5 construction technology; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 37:2156(C)(3) is hereby amended and reenacted to read as follows:8 ยง2156. Unexpired licenses; fees; renewals9 * * *10 C.11 * * *12 (3)(a) The board shall include on each license renewal form issued to a13 contractor an optional election whereby the contractor may choose to donate14 additional funds to a specified public university or community college foundation15 within Louisiana that offers an accredited, degreed program in the field of16 construction management. Any such donated funds received by the board shall be17 remitted to the foundation chosen by the contractor. Any such donated funds18 received by the community college foundation shall be used solely for the benefit of19 their construction management programs. The board shall assess on each license20 HLS 13RS-790 ENGROSSED HB NO. 421 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. renewal issued to a contractor, an additional fee of one hundred dollars per year to1 be dedicated and allocated to any public university or community college school of2 construction management or construction technology which is accredited by either3 the American Council for Construction Education or the Accreditation Board for4 Engineering and Technology. The board shall include on each license renewal form5 issued to a contractor an optional election whereby the contractor may choose to not6 participate in the remission of the additional one hundred dollar dedication fee.7 (b) The board shall provide by rule for accounting and remittance of8 donations to the appropriate university or community college foundation. Each9 January, each accredited public university or community college school of10 construction management or construction technology shall report to the board the11 number of graduates from its school of construction management or construction12 technology from the previous calendar year.13 (c) For purposes of this Paragraph, "foundation" shall mean any private14 nonprofit corporation which supports public higher education institutions as defined15 by R.S. 17:3390. Any and all funds collected pursuant to this Paragraph shall be16 disbursed to the accredited public university or community college schools of17 construction management or construction technology by August first of each year18 upon completion of the annual audit of the board. The funds shall be used by the19 accredited public university or community college schools of construction20 management or construction technology solely for the benefit of their program and21 such use shall be approved by the industry advisory council or board for the22 program. The funds collected pursuant to this Paragraph shall be in addition to any23 other monies received by such schools and are intended to supplement and not24 replace, displace, or supplant any other funds received from the state or from any25 other source. Any school of construction management or construction technology26 that experiences a decrease in the funding appropriated to them by the accredited27 public university or community college to a level that falls below the amount of28 funding received in the 2012 school year, unless such decrease is due to an across-29 HLS 13RS-790 ENGROSSED HB NO. 421 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the-board reduction required of all other schools or programs within the university1 or college, shall be ineligible for participation under the provisions of this Paragraph,2 and the monies from the fund for such school of construction management or3 construction technology shall be redistributed on a pro rata basis to all other4 accredited and eligible schools.5 (d) The funds collected pursuant to this Subsection shall be distributed as6 follows:7 (i) One-half on a pro rata basis to each accredited public university or8 community college school of construction management or construction technology.9 (ii) One-half pro rata to each accredited public university school of10 construction management or construction technology based on the total number of11 graduates from the previous calendar year from each school as reported to the board.12 (e) No funds shall be allocated to any public university or community13 college school of construction management or construction technology that does not14 maintain current and active accreditation as required by this Paragraph.15 * * *16 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)] Ponti HB No. 421 Abstract: Adds a license renewal fee for certain contractors dedicated to public university and community college schools of construction management or construction technology, with an ability of the contractor to choose not to participate in the remission. Present law provides for renewal of licenses for contractors. Allows for the licensing board for contractors to include on each license renewal form an optional election to allow for the donation of additional funds to a specified public university or community college foundation, which shall be remitted to the chosen foundation to be used solely for construction management programs. Proposed law deletes present law with regard to optional donations and instead requires the board to assess on each license renewal for contractors an additional fee of $100 per year to be dedicated to public university or community college schools of construction management or construction technology. Requires the board to include an optional election of the renewal form whereby the contractor may choose to not participate in the remission of the additional fee. HLS 13RS-790 ENGROSSED HB NO. 421 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law further requires the schools to report to the board the number of graduates from the previous calendar year. Requires the disbursement of the funds collected to be by Aug. 1 of each year upon completion of the annual audit of the board. Proposed law further requires that the funds be used solely for the benefit of the accredited public university or community college schools of construction management or construction technology and requires the use of the fund to be approved by the industry advisory council or board of the school. Provides that the funds shall be in addition to any other monies received by such schools. Provides that should the funding level of the schools fall below the amount of funding received in the 2012 school year, the school shall be ineligible to receive monies from the fund, unless such decrease is due to an across-the-board reduction required of all other schools within the university or community college. Distributes the funds 1/2 pro rata to each accredited public university and community college school and 1/2 pro rata to each public university school based on the total number of graduates from the previous year as reported to the board by each school. Proposed law requires the schools to be accredited by either of two national accreditation boards and requires the schools to maintain accreditation in order to receive funding. (Amends R.S. 37:2156(C)(3)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Commerce to the original bill. 1. Requires the board to include an optional election of the renewal form whereby the contractor may choose to not participate in the remission of the additional fee. 2. Requires the disbursement of the funds collected to be by Aug. 1 of each year upon completion of the annual audit of the board. 3. Requires the use of the fund to be approved by the industry advisory council or board of the school. 4. Allows for participation by a school when the funding level of the schools fall below the amount of funding received in the 2012 school year if such decrease is due to an across-the-board reduction required of all other schools within the university or community college.