SLS 17RS-451 ORIGINAL
2017 Regular Session
SENATE BILL NO. 165
BY SENATOR BARROW
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTRACTORS. Provides for membership, qualifications and powers of the State
Licensing Board for Contractors. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 37:2151(A)(3), (4), (5), (6), (7), and (9), and to enact R.S.
3 37:2153(E)(6), relative to the State Licensing Board for Contractors; to provide for
4 membership and qualifications; to provide requirements, terms, and conditions; to
5 provide for powers of the board; to provide for certain information on its website;
6 and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:2151(A)(3), (4), (5), (6), (7), and (9) are hereby amended and
9 reenacted and R.S. 37:2153(E)(6) is hereby enacted to read as follows:
10 §2151. State licensing board for contractors; membership; qualifications; tenure;
11 vacancies
12 A. There is hereby created the State Licensing Board for Contractors within
13 the office of the governor that shall consist of fifteen members appointed by the
14 governor as hereinafter set forth and who shall serve without compensation and shall
15 possess the following qualifications:
16 * * *
17 (3) At least four members shall have had the greater part of their experience
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1 as a licensed contractor in the field of highway and street construction, and shall be
2 chosen from a list of two names each submitted by the presidents of Louisiana
3 State University and Agricultural and Mechanical College and Southern
4 University and Agricultural and Mechanical College.
5 (4) At least four members shall have had the greater part of their experience
6 as a licensed contractor in the fields of building or industrial construction, or both
7 fields, and shall be chosen from a list of two names each submitted by the
8 presidents of the Louisiana AFL-CIO and the Louisiana Association of Business
9 and Industry.
10 (5) At least one member shall have had the greater part of his experience as
11 a licensed contractor in the field of mechanical construction, and shall have a
12 certification from the 8(a) Business Development Program.
13 (6) At least one member shall have had the greater part of his experience as
14 a licensed contractor in the field of electrical construction, and shall be chosen from
15 a list of names submitted by the president of the Louisiana Community and
16 Technical College System.
17 (7) At least two members shall have had the greater part of their experience
18 as a subcontractor in the construction industry in fields other than electrical or
19 mechanical construction, and shall be chosen from a list of names submitted by
20 the Plumbing-Heating-Cooling Contractors Association of Louisiana.
21 * * *
22 (9) At least one member shall have had the greater experience as a licensed
23 contractor in the field of oil field construction, and shall be chosen from a list of
24 names submitted by the president of the Louisiana Oil and Gas Association.
25 * * *
26 §2153. Powers of the board
27 * * *
28 E. In addition to any other duties and powers granted by this Chapter, the
29 board shall:
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1 * * *
2 (6) Create and maintain on its website public information regarding a
3 contractor who has engaged in any of the following:
4 (a) A dishonest or fraudulent act as a contractor that has caused
5 substantial damage to another, as adjudged by a court of competent
6 jurisdiction.
7 (b) The willful misrepresentation of material fact in an application for
8 licensure.
9 (c) The willful failure to comply with this Chapter or the rules and
10 regulations promulgated pursuant thereto.
11 (d) Entering into a contract with a person not licensed by the board for
12 work or activity requiring a license under this Chapter.
13 (e) Allowing his contractor's license to be used by another when such
14 person lacks a license to perform the work for which the contract is entered.
15 (f) Failure to maintain a qualifying party to represent the licensee.
16 (g) Insolvency or involuntary cessation of business operation.
17 (h) Failure to continue to meet any of the requirements necessary for
18 original licensure.
19 (i) Problems relating to the ability of the contractor, its qualifying party,
20 or any of its principal owners or principal shareholders to engage in the
21 business of contracting, as demonstrated by their prior contracting business
22 experience.
23 (j) Disqualification or debarment by any public entity.
24 (k) Failing to possess any insurance required by federal law.
25 * * *
26 Section 2. This Act shall become effective upon signature by the governor or, if not
27 signed by the governor, upon expiration of the time for bills to become law without signature
28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
29 vetoed by the governor and subsequently approved by the legislature, this Act shall become
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1 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
SB 165 Original 2017 Regular Session Barrow
Present law creates the State Licensing Board for Contractors within the office of the
governor that consists of 15 members who are appointed by the governor and who serve
without compensation and possess certain qualifications.
Present law provides that each member be of full age of majority and have been a resident
of the state of Louisiana for the last five successive years.
Proposed law retains present law.
Present law provides for the following:
At least four members shall have had the greater part of their experience as a
licensed contractor in the field of highway and street construction.
At least four members shall have had the greater part of their experience as a
licensed contractor in the fields of building or industrial construction, or both fields.
At least one member shall have had the greater part of his experience as a licensed
contractor in the field of mechanical construction.
At least one member shall have had the greater part of his experience as a licensed
contractor in the field of electrical construction.
At least two members shall have had the greater part of their experience as a
subcontractor in the construction industry in fields other than electrical or
mechanical construction.
At least one member shall have had the greater experience as a licensed contractor
in the field of oil field construction.
Proposed law requires board membership as follows:
At least four members shall have had the greater part of their experience as a
licensed contractor in the field of highway and street construction, and shall be
chosen from a list of two names each submitted by the presidents of Louisiana State
University and Agricultural and Mechanical College and Southern University and
Agricultural and Mechanical College.
At least four members shall have had the greater part of their experience as a
licensed contractor in the fields of building or industrial construction, or both fields,
and shall be chosen from a list of two names each submitted by the presidents of the
Louisiana AFL-CIO and the Louisiana Association of Business and Industry.
At least one member shall have had the greater part of his experience as a licensed
contractor in the field of mechanical construction, and shall have a certification from
the 8(a) Business Development Program.
At least one member shall have had the greater part of his experience as a licensed
contractor in the field of electrical construction, and shall be chosen from a list of
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names submitted by the president of the Louisiana Community and Technical
College System.
At least two members shall have had the greater part of their experience as a
subcontractor in the construction industry in fields other than electrical or
mechanical construction, and shall be chosen from a list of names submitted by the
Plumbing-Heating-Cooling Contractors Association of Louisiana.
At least one member shall have had the greater experience as a licensed contractor
in the field of oil field construction, and shall be chosen from a list of names
submitted by the president of the Louisiana Oil and Gas Association.
Proposed law also requires that the board maintains on its website certain information
regarding dishonest, fraudulent or other acts of a licensed contractor.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:2151(A)(3), (4), (5), (6), (7), and (9); adds R.S. 37:2153(E)(6))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.