SLS 14RS-754 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 347
BY SENATOR RISER
CONTRACTORS. Provides criminal penalties when a contractor defrauds a consumer
based on a solar electric system or a solar thermal system contract. (gov sig)
AN ACT1
To enact R.S. 14:202.2, relative to criminal offenses against property; to create the crime of2
fraud by contractors who install solar electric systems or solar thermal systems; to3
provide for criminal penalties; to provide for definitions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:202.2 is hereby enacted to read as follows:7
ยง202.2. Fraud by contractors who install solar electric systems and solar8
thermal systems9
A. It shall be unlawful for any person who contracts for the sale,10
installation, maintenance, or repair of a solar electric system or solar thermal11
system, as defined in R.S. 47:6030(C), to do either of the following:12
(1) Make any misrepresentation of a material fact to defraud a13
consumer through the failure to perform or complete the installation of the14
system or fail to maintain or repair the system under the terms of the contract.15
(2) Make any misrepresentation of a material fact to defraud a16
consumer through the failure to maintain or repair the system under the terms17 SB NO. 347
SLS 14RS-754 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the contract subsequent to the installation.1
B. Whoever violates the provisions of this Section shall be fined not less2
than one hundred dollars nor more than five hundred dollars, or imprisoned for3
not less than ninety days nor more than six months, or both.4
C. Nothing contained in this Section shall be construed to prevent the5
state, through the attorney general, from asserting a cause of action to recover6
damages or penalties, or assess or collect a penalty, resulting from a violation7
of this Section. 8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Riser (SB 347)
Proposed law provides that it shall be unlawful for any person who contracts for the sale,
installation, maintenance, or repair of a solar electric system or solar thermal system to do
either of the following:
(1)To make any misrepresentation of a material fact to defraud a consumer through the
failure to perform or complete the installation of the system or fail to maintain or
repair the system under the terms of the contract.
(2)To make any misrepresentation of a material fact to defraud a consumer through the
failure to maintain or repair the system under the terms of the contract subsequent
to the installation.
Proposed law provides that whoever violates the provisions of proposed law shall be fined
not less than $100 nor more than $500, or imprisoned for not less than 90 days nor more than
three years, or both.
Proposed law shall not be construed to prevent the state, through the attorney general, from
asserting a cause of action to recover damages or penalties, or assess or collect a penalty,
resulting from a violation of proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:202.2)