ENROLLED ACT No. 371 2019 Regular Session HOUSE BILL NO. 273 BY REPRESENTATIVE CARMODY 1 AN ACT 2 To amend and reenact R.S. 37:2150.1(2), (4)(a), (8), (10), and (11), 2151, 2152, 2154, 2155, 3 2156(A), (C)(1) and (2), (D), and (G), 2156.1(A)(introductory paragraph), (B) 4 through (M), 2156.2(A)(I)(29) and (II)(1), 2157, 2158(A)(introductory paragraph), 5 (1) through (5), (9), and (11), (B), (D), and (E), 2159(A) through (C), 2162(A) 6 through (E) and (I) through (L), 2163(C) and (D), 2167(A), (B)(3), (C), and (D), and 7 2186(B)(3) and (C), to enact R.S. 37:2158(A)(12), and to repeal R.S.37:2156.1(N), 8 2156.2(A)(IX), 2162(M), 2163(E), and 2167(E), relative to contractors; to provide 9 for the State Licensing Board for Contractors; to provide for members and officers 10 of the board; to provide for meeting notice; to provide with respect to licensing 11 requirements; to remove obsolete provisions and antiquated language; to make 12 technical changes; to provide definitions; and to provide for related matters. 13 Be it enacted by the Legislature of Louisiana: 14 Section 1. R.S. 37:2150.1(2), (4)(a), (8), (10), and (11), 2151, 2152, 2154, 2155, 15 2156(A), (C)(1) and (2), (D), and (G), 2156.1(A)(introductory paragraph), (B) through (M), 16 2156.2(A)(I)(29) and (II)(1), 2157, 2158(A)(introductory paragraph), (1) through (5), (9), 17 and (11), (B), (D), and (E), 2159(A) through (C), 2162(A) through (E) and (I) through (L), 18 2163(C) and (D), 2167(A), (B)(3), (C), and (D), and 2186(B)(3) and (C) are hereby amended 19 and reenacted and R.S. 37:2158(A)(12) is hereby enacted to read as follows: Page 1 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 §2150.1. Definitions 2 As used in this Chapter, the following words and phrases shall be defined as 3 follows: 4 * * * 5 (2) "Commercial purposes" means any construction project other than 6 residential homes, a single residential duplex, a single residential triplex, or a single 7 residential fourplex. A construction project consisting of residential homes where 8 the contractor has a single contract for the construction of more than two homes 9 within the same subdivision shall be deemed a commercial undertaking except 10 residential structures with no more than four incorporated or attached dwelling units. 11 * * * 12 (4)(a) "Contractor" means any person who undertakes to, attempts to, or 13 submits a price or bid or offers to construct, supervise, superintend, oversee, direct, 14 or in any manner assume charge of the construction, alteration, repair, improvement, 15 movement, demolition, putting up, tearing down, or furnishing labor, or furnishing 16 labor together with material or equipment, or installing the same for any building, 17 highway, road, railroad, sewer, grading, excavation, pipeline, public utility structure, 18 project development, housing, or housing development, improvement, or any other 19 construction undertaking for which the entire cost of same is fifty thousand dollars 20 or more when such the property is to be used for commercial purposes other than a 21 single residential duplex, a single residential triplex, or a single residential fourplex. 22 A construction project which consists of construction of more than two single 23 residential homes, or more than one single residential duplex, triplex, or fourplex, 24 shall be deemed to be a commercial undertaking. 25 * * * 26 (8) "Home improvement contractor" means any person, including a 27 contractor or subcontractor, who undertakes or attempts to undertake or submits a 28 price or bid on any home improvement contracting project. 29 * * * Page 2 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 (10) "Qualifying party" means a natural person designated by the contractor 2 to represent the contractor for the purpose of complying with the provisions of this 3 Chapter including without limitation meeting the requirements for the initial license 4 and/or and any continuation thereof. 5 (11) "Residential building contractor" means any corporation, partnership, 6 or individual who constructs a fixed building or structure for sale for use by another 7 as a residence or who, for a price, commission, fee, wage, or other compensation, 8 undertakes or offers to undertake the construction or superintending of the 9 construction of any building or structure, with no more than four incorporated or 10 attached dwelling units, which is not more than three floors in height, to be used by 11 another as a residence, when the cost of the undertaking exceeds seventy-five 12 thousand dollars. The term "residential building contractor" includes all contractors, 13 subcontractors, architects, and engineers who receive an additional fee for the 14 employment or direction of labor, or any other work beyond the normal architectural 15 or engineering services. "Residential building contractor" also means any person 16 performing home improvement contracting as provided for in Paragraph (7) (9) of 17 this Section when the cost of the undertaking exceeds seventy-five thousand dollars. 18 It shall not include the manufactured housing industry or those persons engaged in 19 building residential structures that are mounted on metal chassis and wheels. 20 * * * 21 §2151. State licensing board for contractors; membership; qualifications; tenure; 22 vacancies 23 A. There is hereby created the State Licensing Board for Contractors within 24 the office of the governor that shall consist of nineteen members appointed by the 25 governor as hereinafter set forth and who shall serve without compensation and shall 26 possess the following qualifications governor. The members shall serve without 27 compensation. 28 (1) Each member shall be of full age of majority and shall have been a 29 resident of the state of Louisiana for the last five successive years. Page 3 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 (2) All members (2) Each member shall have been actively engaged as a 2 responsible contractor in the construction classification that they represent he 3 represents for the five-year period prior to their his appointment as a board member, 4 except for any member appointed pursuant to Paragraph (8) of this Subsection 5 Paragraph (B)(6) of this Section if he represents the public at large. 6 (3) There shall be at least one board member from each congressional district 7 in the state of Louisiana. 8 B. The members shall be selected and appointed as follows: 9 (3)(1) At least four members shall have had the greater part of their 10 experience as a licensed contractor in the field of highway and street construction. 11 Three members shall be appointed from a list of six names submitted by the 12 Louisiana Associated General Contractors. One member shall be appointed from a 13 list of three names submitted by the Louisiana Asphalt Pavement Association. 14 (4)(2) At least six members shall have had the greater part of their 15 experience as a licensed contractor in the fields of building or industrial construction, 16 or both fields. Two members shall be appointed from a list of four names submitted 17 by the Louisiana Associated General Contractors. Four members shall be appointed 18 from a list of eight names submitted by the Associated Builders and Contractors of 19 Louisiana. 20 (5)(3) At least one member shall have had the greater part of his experience 21 as a licensed contractor in the field of mechanical construction, and shall be 22 appointed from a list of three names submitted by the Mechanical Contractors 23 Association of Louisiana. 24 (6)(4) At least one member shall have had the greater part of his experience 25 as a licensed contractor in the field of electrical construction, and shall be appointed 26 from a list of three names submitted by the Louisiana Council of the National 27 Electrical Contractors Association. 28 (7)(5) At least two members shall have had the greater part of their 29 experience as a subcontractor in the construction industry in fields other than Page 4 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 electrical or mechanical construction, and shall be appointed from a list of four 2 names submitted by the American Subcontractors Association of Louisiana. 3 (8)(6) At least three members shall be from and represent the public at large 4 and shall not earn their livelihood in a construction-related industry. 5 (9)(7) At least one member shall have had the greater experience as a 6 licensed contractor in the field of oil field construction, and shall be appointed from 7 a list of three names submitted by the Louisiana Oilfield Contractors Association. 8 (10) There shall be at least one board member from each congressional 9 district in the state of Louisiana. 10 (11)(8) There shall be one member from the National Association for the 11 Advancement of Colored People. 12 B.C. All vacancies that shall occur shall be filled within ninety days of the 13 vacancy, by appointment of the governor within the classification of area and 14 qualification where the vacancy shall occur. 15 C.D. On and after January 1, 1996, the members Members shall serve terms 16 of six years; however, initially four members shall serve terms of two years, four 17 members shall serve terms of four years, and four members shall serve terms of six 18 years. 19 §2152. Initial appointments; oaths; panel of names; domicile; officer; Domicile; 20 officers; bond 21 A. Each member of the board shall serve at the pleasure of the governor. 22 Each appointment by the governor shall be submitted to the Senate for confirmation. 23 Each member shall take and file with the secretary of state the constitutional oath of 24 office before entering upon the discharge of his duties. Any member appointed to 25 fill a vacancy occurring prior to the expiration of the term of his predecessor shall 26 be appointed for the remainder of the unexpired term from among residents of the 27 same congressional district as that of the member whose office was vacated. 28 However, if there are no qualified applicants from the congressional district of the 29 member whose office was vacated, the governor shall appoint a qualified applicant 30 from any congressional district to fill the vacancy. In making the appointments Page 5 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 provided for in this Section, the governor shall appoint at least one person who is 2 nominated by the National Association for the Advancement of Colored People, and 3 at least one person who is nominated by the Louisiana Business League. 4 (1) Original appointments to the board and appointments to fill vacancies by 5 reason of the expiration of the term for which appointed or by reason of death, 6 resignation, or otherwise, to fill that qualification of board membership who is 7 experienced in the field of highway and street construction, shall be made by the 8 governor as follows: 9 (a) The board of directors of the Louisiana Associated General Contractors, 10 Inc. shall submit a list of not less than ten names, by certification of its president and 11 secretary, to the secretary of state at the state capitol within fifteen days from the 12 effective date of this Section. Annually between June first and June thirtieth, the 13 organization shall be authorized to make a new certification to the secretary of state; 14 however, after one certificate is made, the list originally submitted shall be included 15 on the panel hereinafter established by the secretary of state until changed by the 16 group submitting the same. It shall be the duty of the secretary of state to compile 17 a panel of names so submitted and to keep same on file in his office as a public 18 record for use as contemplated herein. 19 (b) From this list of names, the governor shall appoint the board member or 20 board members to fill that class of board members who are experienced in the field 21 of highway and street construction. 22 (2) Original appointments to the board and appointment to fill any vacancies 23 that may occur to fill that qualification of board membership who is experienced in 24 the field of building construction shall be made by the governor as follows: 25 (a)(I) The Board of Directors of the Louisiana A.G.C., Inc., shall submit a 26 list of not less than ten names by certification of its president and secretary to the 27 secretary of state at the state capitol within fifteen days from September 9, 1988. 28 (ii) Annually between June first and June thirtieth, the organization shall be 29 authorized to make new certification to the secretary of state; provided that after one 30 certification is made, the list originally submitted shall be included on the panel Page 6 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 hereinafter established by the secretary of state until changed by the group 2 submitting the same. 3 (iii) It shall be the duty of the secretary of state to compile a panel of names 4 so submitted and to keep same on file in his office as a public record for use as 5 contemplated herein. 6 (b)(i) The board of directors of the Louisiana Associated General 7 Contractors Inc., shall submit a list of not less than ten names by certification of its 8 president and secretary to the secretary of state at the state capitol within fifteen days 9 from September 9, 1988. 10 (ii) Annually between June first and June thirtieth, the organization shall be 11 authorized to make new certification to the secretary of state; provided that after one 12 certification is made, the list originally submitted shall be included on the panel 13 hereinafter established by the secretary of state until changed by the group 14 submitting the same. 15 (iii) It shall be the duty of the secretary of state to compile a panel of names 16 so submitted and to keep same on file in his office as public record for use as 17 contemplated herein. 18 (c)(i) The board of directors of the Louisiana Associated Builders and 19 Contractors, Inc., shall submit a list of no less than ten names certified by its 20 president and secretary to the secretary of state at the state capitol within fifteen days 21 from September 9, 1988. 22 (ii) Annually between June first and June thirtieth, the organization shall be 23 authorized to make new certification to the secretary of state; provided that after one 24 certification is made, the list originally submitted shall be included on the panel 25 hereinafter established by the secretary of state until changed by the group 26 submitting the same. 27 (iii) It shall be the duty of the secretary of state to compile a panel of names 28 so submitted and to keep same on file in his office as public record for use as 29 contemplated herein. Page 7 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 (d) The governor shall appoint one board member from the list submitted 2 pursuant to Subparagraph (a) of this Paragraph, one board member from the list 3 submitted pursuant to Subparagraph (b) of this Paragraph, and four board members 4 from the list submitted pursuant to Subparagraph (c) of this Paragraph, to fill that 5 class of board members who are experienced in the fields of building or industrial 6 construction, or both. 7 (3) Original appointments to the board and appointments to fill any 8 vacancies that may occur by reason of expiration of the term for which appointed or 9 by reason of death, resignation, or otherwise in the office of the member required to 10 be experienced in the field of mechanical construction shall be made by the governor 11 as follows: 12 (a) The president and secretary of the Mechanical Contractors Association 13 of Louisiana, Inc. shall submit a list of not less than three names by certification to 14 the secretary of state at the state capitol annually between June first and June 15 thirtieth. It shall be the duty of the secretary of state to compile a panel of the names 16 so submitted and to keep same on file in his office as a public record for use as 17 contemplated herein. 18 (b) From this list of names the governor shall appoint the board member to 19 fill that class of board member who is required to be experienced in the field of 20 mechanical construction. 21 (4) Original appointments to the board and appointments to fill any 22 vacancies that may occur by reason of expiration of term for which appointed or 23 reason of death, resignation, or otherwise in the office of the member required to be 24 experienced in the field of the electrical construction shall be made by the governor 25 as follows: 26 (a) The board of directors of the Louisiana Council of the National Electrical 27 Contractors Association, Inc., acting through that organization's duly elected 28 president, shall submit a list of not less than three names by certification to the 29 secretary of state at the state capitol annually between June first and June thirtieth. 30 It shall be the duty of the secretary of state to compile a panel of names so submitted Page 8 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 and to keep same on file in his office as a public record for use as contemplated 2 herein. 3 (b) From this list of names the governor shall appoint the board member to 4 fill that class of board member who is required to be experienced in the field of 5 electrical construction. 6 (5) Original appointments to the board and appointments to fill any 7 vacancies that may occur by reason of expiration of the term for which appointed or 8 by reason of death, resignation, or otherwise in the office of the members the greater 9 part of whose experience is required to be as a licensed subcontractor in a field other 10 than electrical or mechanical construction shall be made by the governor as follows: 11 (a) The presidents and secretaries of the chartered American Subcontractors 12 Associations of the state of Louisiana shall submit a list of not less than three names 13 by certification to the secretary of state at the State Capitol within fifteen days from 14 July 26, 1976. Annually thereafter, between June 1 and June 30, that organization 15 shall certify a new list to the secretary of state provided, however, that after one 16 certification is made, the list originally submitted shall be included on the panel 17 hereinafter required to be established by the secretary until changed by the 18 associations submitting the same. It shall be the duty of the secretary of state to 19 compile a panel of the names so submitted and to keep same on file in his office as 20 a public record for use as contemplated herein. 21 (b) From this list of names the governor shall appoint the two board 22 members who are required to be experienced as licensed subcontractors in a field 23 other than electrical or mechanical construction. 24 (6) Original appointments to the board and appointments to fill any 25 vacancies that may occur by reason of expiration of the term for which appointed or 26 by reason of death, resignation, or otherwise in the office of the member the greater 27 part of whose experience is required to be a licensed contractor in the field of oil 28 field construction shall be made by the governor as follows: 29 (a) The board of directors of the Louisiana Oil Field Contractors 30 Association, Inc. shall submit a list of not less than ten names by certification to the Page 9 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 secretary of state at the state capitol within fifteen days from July 26th, 1985. 2 Annually thereafter, between June 1st and June 30th, that organization shall certify 3 a new list to the secretary of state provided, however, after one certificate is made, 4 the list originally submitted shall be included on the panel hereinafter established by 5 the secretary of state until changed by the group submitting the same. It shall be the 6 duty of the secretary of state to compile a panel of names so submitted and to keep 7 same on file in his office as a public record for use as contemplated herein. 8 (b) From the list of names, the governor shall appoint the board member to 9 fill that class of board members who is required to be experienced as a licensed 10 contractor in the field of oil field construction. 11 (7) Original appointments to the board and appointments to fill any vacancy 12 that may occur by reason of expiration of the term for which appointed or by reason 13 of death, resignation, or otherwise in the office of the member the greater part of 14 whose experience is required to be a licensed contractor in the field of highway and 15 street construction and whose experience is in the field of asphalt pavement shall be 16 made by the governor as follows: 17 (a) The Board of Directors of the Louisiana Asphalt Pavement Association, 18 Inc. shall submit a list of not less than three names for certification to the secretary 19 of state at the capitol within fifteen days from January 1, 1992. Annually thereafter, 20 between June first and June thirtieth, that organization shall certify two new lists to 21 the secretary of state provided, however, after the certification is made, the list 22 originally submitted shall be included in the panel hereinafter established by the 23 secretary of state until changed by the group submitting the same. It shall be the 24 duty of the secretary of state to compile a panel of names so submitting the same. It 25 shall be the duty of the secretary of state to compile a panel of names so submitted 26 and to keep same on file in his office as a public record for use as contemplated 27 herein. 28 (b) From the list of names, the governor shall appoint the board member to 29 fill that class of board member who is required to be experienced as a licensed 30 contractor in the field of highway and street construction. Page 10 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 (8) Appointments to the board, both original and to fill any vacancy which 2 may occur, in the offices of the members whose qualifications are provided for in 3 R.S. 37:2151(A)(8) shall be made by the governor at his discretion. 4 B.(1)(a) If at any time appointment is to be made to fill a vacancy and the 5 panel of names kept by the secretary of state does not contain names of qualified and 6 recommended persons from which the appointment is to be made, the appointment 7 shall be delayed for a period of fifteen days. 8 (b) The secretary of state shall contact the organization concerned which 9 shall submit, within ten days after such notice, the names of qualified and 10 recommended persons to be included on the list from which the governor shall select 11 the board members to be appointed. 12 (2) A person shall be eligible for appointment as a member of the board only 13 if he holds an unexpired license as a contractor under the provisions of this Chapter; 14 however, this provision shall not apply to the person pursuant to R.S. 37:2151(A)(8) 15 if he represents the public at large. 16 (3) After the board shall have qualified, it A.(1) The board shall meet in the 17 city of Baton Rouge which place is hereby fixed as the domicile of the board. 18 (2) Meetings of the board shall be subject to the Open Meetings Law. The 19 board may hold regular or special meetings outside of Baton Rouge at a location 20 within the state after proper notice has been provided to the public. Meetings outside 21 of Baton Rouge shall be held at a meeting space located in a public building and 22 open to the public for the purposes of the meeting. At least a majority of the regular 23 monthly meetings of the board each year shall be held in Baton Rouge. 24 (4)(a) B.(1) The governor shall designate one member of the board to serve 25 as chairman. 26 (b)(2) The members shall, by a majority vote, designate a member to serve 27 as vice chairman, a member to serve as secretary, and a member to serve as 28 secretary-treasurer treasurer. 29 (c)C. The secretary-treasurer treasurer and any administrative employee who 30 shall handle the funds of the board shall furnish bond, in such amount as is fixed by Page 11 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 the board, of a surety company qualified to do and doing business in the state of 2 Louisiana. The bond shall be conditioned upon the faithful performance of the duties 3 of office and of the proper accounting of funds coming into his possession. 4 * * * 5 §2154. Meetings; compensation; quorum; license application and issuance 6 procedure 7 A.(1) The board shall have at least one regular meeting per month on dates 8 and times designated by the chairman. Notice of such board meetings shall be 9 posted on the board's official website and at the board office at least ten days prior 10 to the date when the board is to meet. Further, any person desiring actual notice of 11 the board meeting may request in writing that the board send notification through the 12 United States mail at least ten days prior to the board meeting date. 13 (2) B.(1) The board may receive applications for licenses under pursuant to 14 the provisions of this Chapter at any time. Upon initial application, the license of a 15 contractor domiciled in the state of Louisiana shall be issued after all requirements 16 have been met and approved by the board at its next regularly scheduled meeting. 17 Upon the initial application of a contractor domiciled outside of the state of 18 Louisiana, except as provided herein, a period of at least sixty days must elapse 19 between the date the application is filed and the license is issued unless waived by 20 the board. The executive director shall compile a list of all applicants for licensure 21 that are to be considered at a board meeting and mail such transmit the list to each 22 board member at least ten days prior to the meeting. The executive director shall 23 certify that the list contains only the names of applicants who have fulfilled all 24 licensure requirements and the board shall only consider applications on such list. 25 (a)(2) For purposes of this Paragraph Subsection a contractor shall be 26 considered to be "domiciled in the state" if he is either of the following: 27 (i)(a) An individual who has been a resident of the state of Louisiana for at 28 least one year prior to his filing an application with the board of licensing. Page 12 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 (ii)(b) Any partnership, association, corporation, or other legal entity whose 2 majority interest is owned by and controlled by one or more residents of the state of 3 Louisiana. 4 (b)(3) For purposes of this Paragraph Subsection "majority interest" shall be 5 determined in either of the following ways: 6 (i)(a) In the case of corporations, on the basis of all stock, common and 7 preferred, whether voting or nonvoting, and on the basis of all debentures, warrants, 8 or other instruments convertible into common stock, preferred stock, or both. 9 (ii)(b) In the case of partnerships, on the basis of all capital accounts together 10 with any and all capital advances, loans, and debentures, whether or not convertible 11 into capital accounts. 12 (3) No application may be considered at special meetings of the board. 13 (4) No application may be considered from any state or local governmental 14 body including, without limitation, any agency of any such state or local 15 governmental body including any corporation or other entity owned, controlled, or 16 owned and controlled by any such state or local governing body. 17 (5)C. All meetings of the board shall be held in the city of Baton Rouge, 18 Louisiana, unless otherwise provided for in the bylaws of the board. Before a special 19 meeting may be held, notice thereof stating the time, place, and purpose of said the 20 meeting shall be sent by the chairman or vice chairman of the board by registered 21 mail or telegram electronic means to the members thereof, addressed to their mailing 22 addresses on file with of the board, at least three days before the date of the meeting. 23 No board meeting shall be recessed from one calendar day to another. 24 B.D. Each member of the board shall be reimbursed when actually in 25 attendance of a board meeting or when he is required to travel for the official 26 authorized business of the board, not more than seventy-five dollars per day plus 27 actual expenses and mileage to and from his domicile to the place of meeting at the 28 same rate of reimbursement set by the division of administration for state employees 29 under the provisions of R.S. 39:231. Page 13 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 C.E. Ten members of the board shall constitute a quorum, which shall be 2 sufficient for the board to conduct of business, regardless of the total number of 3 members appointed. 4 D.F. There shall be no voting by proxy. 5 §2155. Books and records; evidence; reports 6 A. The secretary-treasurer treasurer shall be responsible for receiving and 7 accounting for all money derived from the operation of this Chapter. He shall 8 register all applicants for licenses, showing for each the date of application, the 9 name, qualifications, place of business, place of residence, and whether license was 10 granted or refused and the date on which such license was granted or refused. 11 B. The book and register of this board shall be prima facie evidence of all 12 matters recorded therein; and a certified copy of such book or register, or any part 13 thereof, attested by the secretary-treasurer, shall be received in evidence in all courts 14 of this state in lieu of the original. 15 C. The secretary-treasurer thereof The board administrator shall keep a 16 roster, showing the names and places of business of all licensed contractors, and 17 shall file same with the secretary of state on or before the first day of March of each 18 year. The roster shall be maintained and available on the board's official website. 19 D. The secretary-treasurer C. The secretary of the board shall keep full and 20 complete minutes of each board meeting whether regular or special, including full 21 information as to each application for license considered and the board's action 22 thereon as well as all expenditures of the board that are approved. These board 23 minutes shall be typed and attested to by the secretary-treasurer secretary and copies 24 thereof shall be made available to each board member and to the public within a 25 period of twenty-one days after the adjournment of said meeting upon adoption of 26 the minutes at the next scheduled meeting of the board. 27 E.D. Within one hundred fifty days of the last day of each calendar year, a 28 certified public accounting firm approved by the state official charged with the 29 auditing of public records and accounts shall audit the financial records of the board Page 14 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 and submit the report of his audit to the legislative auditor and shall file a copy of his 2 audit with the secretary of state to be attached to the report of the board on file. 3 §2156. Unexpired licenses; fees; renewals 4 A. Licenses and renewals issued under pursuant to the provisions of this 5 Chapter shall expire on the anniversary of the date on which the license was 6 originally issued. Licensees shall elect upon renewal one-, two-, or three-year 7 license renewal terms, and licenses may be issued by the board on a multiple-year 8 basis, not to exceed a three-year renewal term for any license. The license becomes 9 invalid on the last day of the term for which it was issued unless renewed; however, 10 after a license has expired, the person to whom such the license was issued shall have 11 fifteen days following the expiration date to file an application for the renewal of 12 such the license without the payment of a penalty and without further examination, 13 and any examination. Any person who makes an application for the renewal of a 14 license after fifteen days following the expiration date of the license may, at the 15 discretion of the board, have his license renewed after paying the required license 16 fees and such a penalty, not exceeding the sum of fifty dollars, that the board may 17 impose. New applicants for licensing may elect upon application the renewal term 18 of their license. 19 * * * 20 C.(1) To defray the cost of issuing licenses and of administering the 21 provisions of this Chapter, the board shall fix reasonable fees to be assessed under 22 pursuant to the provisions of this Chapter, and reasonable penalties to be assessed for 23 late applications for renewal of licenses and other administrative infractions; 24 however, the basic license fee shall be the sum of not more than one hundred dollars 25 and the fee for additional classifications shall be such a lesser amount as set by the 26 board. 27 (2) The board shall have the authority to may assess an additional surcharge 28 of no more than four hundred dollars in connection with the application for and 29 issuance of a contractor's license to a contractor not domiciled in the state of 30 Louisiana, to be utilized to defray the additional cost of the investigation of the Page 15 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 application of the non-Louisiana contractor, including references supplied by the 2 contractor, work history supplied by the work contractor, and other pertinent 3 information required by the board in connection with an application for a contractor's 4 license. 5 * * * 6 D. The licenses issued under pursuant to the provisions of this Chapter are 7 not transferable. 8 * * * 9 G. No license shall be issued for the subclassification of asbestos removal 10 and abatement under the major classification of hazardous materials as provided in 11 R.S. 37:2156.2(VIII) R.S. 37:2156.2(A)(VII) until the applicant furnishes 12 satisfactory evidence that he or his qualifying party has received certification from 13 the Department of Environmental Quality to perform asbestos removal and 14 abatement work. 15 §2156.1. Requirements for issuance of a license 16 A. All persons who desire to To become licensed as a contractor, an 17 applicant shall make application to the board on a form adopted by the board and 18 shall state the classification of work the applicant desires to perform from a list of 19 major classifications as follows: 20 * * * 21 B. The board shall classify contractors according to the type or types of work 22 or contracts which they may perform. 23 C.(1) The applicant shall furnish the board with a financial statement, current 24 to within twelve months of the date of filing, prepared by an independent auditor 25 accountant, bookkeeper, or certified public accountant and signed by the applicant 26 and auditor before a notary public, stating that the statement of applicant's assets of 27 the applicant, to be used by the board to determine the financial responsibility of the 28 applicant to perform work on a construction undertaking, the entire cost of which is 29 fifty thousand dollars or more. Such and financial condition is true and correct. The 30 assets shall include a net worth of at least ten thousand dollars. An applicant without Page 16 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 the net worth required herein may furnish the board a bond, letter of credit, or other 2 security acceptable to the board in the amount of such the net worth requirement plus 3 the amount of the applicant's negative net worth if any, and the furnishing of such 4 the bond, letter of credit, or other security shall be deemed satisfaction of such the 5 net worth requirement for all purposes. The financial statement and any information 6 contained therein, as well as any other financial information required to be submitted 7 by a contractor, shall be confidential and not subject to the provisions of R.S. 44:1 8 through 37, inclusive. Nothing contained in this Subsection shall be construed to 9 require a licensed contractor to provide a financial statement in connection with the 10 renewal of an existing license 57. 11 (2) No financial statement is required for a license renewal. 12 D.(1) The applicant for licensure shall designate a qualifying party who shall 13 be the legal representative for the contractor relative to the provisions of this 14 Chapter. The designated qualifying party shall complete an application supplied by 15 the board and pass any examination required by the board. The board may deny 16 approval of the qualifying party for good cause, which may include the ability of the 17 proposed principal owner or owners, principal shareholder or shareholders, or 18 qualifying party to engage in the business of contracting as demonstrated by his prior 19 contracting business experience. Evidence which may be considered by the board 20 shall be limited to any legal proceedings against the qualifying party or businesses 21 where the qualifying party was in a position of control at the time a problem arose 22 and the ultimate disposition of such the proceedings, any financial history of 23 bankruptcies, unpaid judgments, insolvencies, or any similar evidence. When the 24 qualifying party terminates employment with the licensee, the board shall be notified 25 in writing within thirty days of the disassociation and another qualifying party must 26 qualify within sixty days. The qualifying party or parties are: 27 (a) Any individual contractor or copartner Sole proprietor or spouse of a sole 28 proprietor. 29 (b) Any employee of said an applicant who has been in full-time 30 employment for one hundred twenty consecutive days immediately preceding the Page 17 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 application. Such The employee shall not may be allowed to be the qualifying party 2 for more than one company and two subsidiaries the licensed company and related 3 entities. 4 (c) Any stockholder, officer, or incorporator of a corporation who was an 5 original incorporator or original stockholder as shown in the articles of 6 incorporation. 7 (d) Any partner of a partnership. 8 (e) Any member or manager of a limited liability company. 9 (2) Upon good showing, the board may waive the required examinations for 10 any person exempt any qualifying party from the required examinations. 11 (3) Upon the determination that a person has engaged in deceptive practices 12 when taking or attempting to take any board examination, such the person shall be 13 ineligible to serve as a qualifying party for a licensee for a period of one year. 14 E. Notwithstanding any other law of this state to the contrary, a mechanical, 15 plumbing, or electrical contractor may obtain a license to bid and perform work 16 statewide provided such the contractor has successfully passed a standardized, 17 nationally recognized, written examination which is administered or approved by the 18 State Licensing Board for Contractors, which examination shall be a standardized, 19 nationally recognized test. 20 F.(1) Upon completion of the above, requirements for licensure and issuance 21 of a state license for the classification of work for which the contractor desires to 22 perform and contract, has applied; mechanical, plumbing, or electrical contractors 23 licensed under pursuant to the provisions of this Section are excluded from local, 24 municipal, or parish regulatory authority examination procedures and may bid and 25 perform work within any local jurisdiction upon paying all appropriate fees. 26 (2) The purpose of this Subsection is preemption of to preempt local, 27 municipal, or parish regulatory examination authority for statewide-licensed 28 mechanical, plumbing, or electrical contractors bidding and performing work in 29 multiple jurisdictions. Furthermore, this This preemption shall further exclude the 30 employees of statewide-licensed electrical and mechanical contractors from local, Page 18 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 municipal, or parish regulatory examination or certification authority as a condition 2 to performing work for the statewide-licensed electrical or mechanical contractor. 3 G. The board shall prepare and maintain a list of local equivalent 4 examinations. Each such local equivalent examination shall be a standardized, 5 nationally recognized test similar to the Block test, which is administered by a local 6 regulatory authority. 7 H. Any mechanical or electrical contractor who has, prior to July 1, 1985, 8 successfully passed both a state licensing examination administered or approved by 9 the board and a local licensing examination in the same license classification, and 10 who has continuously held such state and local licenses since July 1, 1985, shall be 11 exempted from any requirement herein for passage of an additional test in that 12 license classification. A mechanical or electrical contractor shall make application 13 to the board for such exemptions an exemption on a form prepared by the board. 14 The board shall provide for a date by which application for exemption forms must 15 be filed. 16 I.H. Any plumbing contractor who currently holds a state license shall be 17 exempt from any requirement herein for passage of an additional examination in that 18 license classification and may bid and perform plumbing work statewide after 19 making application applying to the board for such an exemption on a form prepared 20 by the board. 21 J.I. Nothing herein in this Section shall be construed to permit plumbing 22 contractors to perform plumbing work without first complying with the licensure 23 provisions of Chapter 16 of this Title, R.S. 37:1361 et seq. 24 K.J. Each applicant shall pay all fees required for issuance of the license as 25 provided for in this Chapter. 26 L.K. Upon completion of the above the requirements for licensure, the 27 application shall be submitted to the board for review at its next regularly scheduled 28 meeting. 29 M. The board shall waive the examination required and grant a mechanical 30 contractor or an electrical contractor license to any person working in the electrical Page 19 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 or mechanical construction industry who meets at least one of the following 2 requirements: 3 (1) Holds either a mechanical or an electrical contractor's license which was 4 issued prior to July 1, 2008, by a local municipality after having passed an 5 examination administered or written by a national testing company approved by the 6 board. 7 (2) Submits five original building permits, issued within the last three years, 8 as proof that he has actually been engaged in either the mechanical or electrical 9 construction building industry prior to July 1, 2008. 10 (3) Has completed six mechanical or electrical construction projects within 11 the ten-year period prior to July 1, 2008, or has constructed one such project for 12 another person within the five-year period prior to July 1, 2008. 13 N.(1) Any L.(1) The examination requirement of this Chapter shall not apply 14 to any arborist who currently holds a valid state license issued pursuant to R.S. 15 3:3804 shall be exempt from any requirement herein for passage of an additional 16 examination in the landscaping, grading, and beautification subclassification and 17 subclassification. The arborist may bid and perform the arborist work described in 18 R.S. 3:3808(A)(1)(a), statewide, after making application applying to the board for 19 such an exemption on a form prepared by the board. 20 (2) Nothing in this Subsection shall be construed to permit arborists to 21 recommend or execute arborist work without first complying with the licensure 22 provisions of Chapter 24 of Title 3 of the Louisiana Revised Statutes of 1950, R.S. 23 3:3801 et seq. 24 M. The board may consolidate subclassifications or specialties by rule as it 25 deems appropriate. 26 §2156.2. Major categories; subclassifications; specialty classifications; requirements 27 for contractors holding major classification to perform mechanical, electric, 28 or plumbing work 29 A. Under each major category is a list of subclassifications that a specialty 30 contractor may obtain, as follows: Page 20 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 I. Building construction 2 Subclassifications: 3 * * * 4 29. Driveways, parking areas, etc., asphalt and/or asphalt, and concrete, 5 exclusive of highway and street work 6 * * * 7 II. Highway, street, and bridge construction 8 Subclassifications: 9 1. Driveways, parking areas, etc., asphalt and/or asphalt, and concrete 10 * * * 11 §2157. Exemptions 12 A. There are excepted from the The provisions of this Chapter Part shall not 13 apply to any of the following: 14 (1) Any public utility providing gas, electric, or telephone service which is 15 subject to regulation by the Louisiana Public Service Commission or the council of 16 the city of New Orleans, or to any work performed by such the public utility in 17 furnishing its authorized service. 18 (2) Owners of property who supervise, superintend, oversee, direct, or in any 19 manner assume charge of the construction, alteration, repair, improvement, 20 movement, demolition, putting up, tearing down, or maintenance of any building, 21 railroad excavation, project, development, improvement, plan facility, or any other 22 construction undertaking, on such that property, for use by such the owner, and 23 which will not be for sale or rent, and the control of access to which shall be 24 controlled by the owner so that only employees and nonpublic invitees are allowed 25 access. 26 (3) Persons Any person donating labor and services for the supervision and 27 construction of or for the maintenance and repair of churches. 28 (4) Farmers Any farmer doing construction for agricultural purposes on 29 leased or owned land. Page 21 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 (5) Persons Any person bidding or performing work on any project totally 2 owned by the federal government. 3 (7) Persons (6) Any person engaged in the rail or pipeline industry with 4 respect to rail or pipeline construction activities performed on property owned or 5 leased by such persons he owns or leases. 6 (8) Citizens (7) Any citizen volunteering labor for the construction of a 7 project which is funded by the Louisiana Community Development Block Grant, 8 Louisiana Small Towns Environment Program. 9 (9) Persons, suppliers, manufacturers, or employees of such persons who 10 assemble, repair, maintain, move, put up, tear down, or disassemble (8) Any person, 11 supplier, or manufacturer, or the employee of the person, supplier, or manufacturer 12 who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any 13 patented, proprietary, or patented and proprietary environmental equipment supplied 14 by such persons he supplies to a contractor to be used solely by the contractor for a 15 construction undertaking. 16 (10)(9) The manufactured housing industry or those persons any person 17 engaged in any type of service, warranty, repair, or home improvement work on 18 factory-built, residential dwellings that are mounted on chassis and wheels. 19 B. However, the provisions of this Chapter shall apply to any contractor 20 employed by persons exempted hereinabove. Further, nothing herein any party 21 exempted by this Section. The provisions of this Section shall not be construed to 22 waive local and state health and life safety code requirements. 23 §2158. Revocation, suspension, and renewal of licenses; issuance of cease and 24 desist orders; debarment; criminal penalty 25 A. The board may revoke any license issued hereunder, or suspend the right 26 of the licensee to use such license, or refuse to renew any such license, or revoke, 27 suspend, refuse to renew a license, issue cease and desist orders to stop work, or 28 debar any person or licensee, licensed pursuant to the provisions of this Chapter for 29 any of the following causes: Page 22 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 (1) Any dishonest or fraudulent act as a contractor which has caused 2 substantial damage to another, as adjudged by a court of competent jurisdiction. 3 (2) Willful misrepresentation of material fact by an applicant in obtaining 4 a license. 5 (3) Willful failure to comply with the provisions of this Chapter or the rules 6 and regulations promulgated pursuant thereto. 7 (4) Entering into a contract with an unlicensed contractor involving work or 8 activity for the performance of which a license is required under by this Chapter. 9 (5) Permitting the contractor's license to be used by another contractor when 10 the other contractor does not hold a license for the classification of work for which 11 the contract is entered. 12 * * * 13 (9) Problems relating to the ability of the contractor, its qualifying party, or 14 any of its principal owners or principal shareholders to engage in the business of 15 contracting, as demonstrated by their prior contracting business experience. 16 * * * 17 (11) Failing Failure to possess any insurance required by federal law. 18 (12) Failure to timely notify the board of any change in corporate name, 19 company name, address of the licensee, or any other contact information as required. 20 B.(1) In order to enforce the provisions of this Chapter, the board may 21 conduct hearings in accordance with the provisions of R.S. 49:951 et seq through 22 965.1. The board shall maintain and make available a record of all persons or 23 licensees who have been disqualified by any public entity pursuant to R.S. 24 38:2212(J) R.S. 39:1672. If any person or licensee has been disqualified more than 25 once in a twelve-month period, the board shall hold a debarment hearing. 26 (2) After the hearing, if the board rules that a person has violated any 27 provision of this Chapter, or that a person or licensee has been appropriately 28 disqualified more than once in a twelve-month period, in lieu of revoking or 29 suspending the license, the board may order said the person to immediately 30 discontinue immediately all work of every type and nature whatsoever on the Page 23 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 construction project which is the subject of the hearing, and/or the board may 2 hearing, debar a person or licensee from bidding on projects for any public entity for 3 up to three years, or both. Additionally, the board may require the licensee to pay 4 the actual costs incurred by the board in connection with the investigation and 5 conduction of to conduct the hearing. In accordance with R.S. 49:964, the board 6 may grant a stay of the enforcement of its order for good cause. 7 (3) Any party to the proceeding who is aggrieved by the action of the board 8 may appeal the decision in accordance with law R.S. 49:951 through 965.1. 9 * * * 10 D. Any contractor In accordance with the provisions of R.S. 49:951 through 11 965.1, any person who applies for and is denied a license by the board, or whose 12 license has been revoked, rescinded, or suspended, may within six months after the 13 action of the board denying, revoking, rescinding, or suspending the said license, 14 apply to the Nineteenth Judicial District Court in and for the parish of East Baton 15 Rouge, state of Louisiana, and there have determined to determine whether or not the 16 board has abused its discretion and judgment in failing to abide by the intent of this 17 Chapter, and have rendered such judgment as will do justice between the parties. 18 E. In addition to actions taken by the board, it shall be unlawful for any 19 person to engage in the business of contracting without authority as provided for in 20 R.S. 37:2160. 21 §2159. Classification; bidding and performing work within a classification 22 A. The board before Before issuing a license to any contractor, the board 23 shall state the contractor's classification on such the license, according to the 24 classification requested by said the contractor and for which he has completed all of 25 the requirements. 26 B. After classification, the The licensee shall not be permitted to bid or 27 perform any type or types of work not included in the classification under which his 28 license was issued. 29 C. After classification as above provided for, the The licensee may apply for 30 and receive additions to or changes in his classification by making application Page 24 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 therefor applying, successfully completing the written examination, and paying the 2 required fees. Additions or changes to an existing license shall become effective 3 after completion of the above requirements, and upon board approval at the next 4 regularly scheduled meeting. 5 * * * 6 §2162. Violations; civil penalty 7 A. Any person who violates any provision of this Chapter shall, after notice 8 and a hearing, be liable to the board for a fine of up to one thousand dollars plus ten 9 percent of the total contract or the value of the work being performed for which there 10 is a violation. In addition to the fine, the board may impose costs and attorney fees 11 for each offense. If the board brings an action against a person pursuant to this 12 Section and fails to prove its case, then it shall be liable to such the person for the 13 payment of his reasonable litigation expenses as defined in R.S. 49:965.1(D)(1). 14 B. In addition to or in lieu of the criminal penalties and administrative 15 sanctions provided in this Chapter, the board is empowered to may issue an order to 16 cease and desist to any person or firm engaged in any activity, conduct, or practice 17 constituting a violation of any provision of this Chapter, directing such person or 18 firm to forthwith cease and desist from such activity, conduct, or practice. Such 19 Chapter. The order shall be issued in the name of the state of Louisiana under the 20 official seal of the board. 21 C. If the person or firm to whom the board directs a cease and desist order 22 does not cease or desist the proscribed activity, conduct, or practice immediately, the 23 board may cause to issue in any court of competent jurisdiction and proper venue, 24 a writ of injunction enjoining such the person or firm from engaging in any activity, 25 conduct, or practice prohibited by this Chapter. 26 D. Upon proper showing by the board that such a person or firm has engaged 27 or is engaged in any activity, conduct, or practice prohibited by this Chapter, the 28 courts shall issue a temporary restraining order restraining the person or firm from 29 engaging in such the unlawful activity, conduct, or practice pending the hearing on 30 a preliminary injunction, and in injunction. In due course, a permanent injunction Page 25 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 shall issue be issued after a hearing, commanding the cessation of the unlawful 2 activity, conduct, or practice complained of, all without the necessity of the board 3 having to give bond. A temporary restraining order, preliminary injunction, or 4 permanent injunction issued hereunder pursuant to the provisions of this Section 5 shall not be subject to being released upon bond. 6 E. In the suit for an injunction, the board may demand of the defendant a 7 penalty as provided in Subsection A of this Section. A judgment for penalty, 8 attorney fees, and costs may be rendered in the same judgment in which the 9 injunction is made absolute. If the board brings an action against a person pursuant 10 to the provisions of this Section and fails to prove its case, then it shall be liable to 11 such the person for the payment of his attorney fees and costs. 12 * * * 13 I. In addition to any other penalties provided for in this Chapter, the board 14 may, after notice and hearing, issue an order directing the contractor to cease and 15 desist all actions constituting a violation until such time as a contractor complies 16 with the requirements of this Chapter, and to pay to the board a civil penalty of not 17 more than ten percent of the total contract being performed. 18 J. All fines or penalties collected by the board pursuant to the provisions of 19 this Section for violations of any provision of this Chapter shall, annually, at each 20 audit of the board, be transferred to a separate contractor's educational trust fund to 21 be used for educational purposes as determined by the board. 22 K.J. Upon the expiration of the delays set forth in the Administrative 23 Procedure Act for an aggrieved party to appeal any fine or penalty assessed by the 24 board, if such an appeal has not been so filed, the board may initiate civil 25 proceedings against such the party seeking to obtain a judgment against that party 26 in an amount equivalent to the amount of the fine so assessed, together with legal 27 interest and all reasonable attorney fees incurred by the board in bringing such the 28 action. Such The proceedings shall be conducted on a summary basis, with the only 29 defenses that may be raised by the defendant being limited to any the defense of lack 30 of notice having been afforded to him as to the meeting of the board during which Page 26 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 the fine was assessed. Venue for all proceedings brought pursuant to the provisions 2 of this Subsection shall lie in the Nineteenth Judicial District Court for the parish of 3 East Baton Rouge. 4 L.K. In addition to all other authority granted to the board under by the 5 provisions of this Chapter, the board shall have the authority to cause to be issued to 6 any person who is alleged to have violated any of the provisions of this Chapter a 7 citation setting forth the nature of the alleged violation, and further providing which 8 provides to that person the option of either pleading no contest to the charge and 9 paying to the board a fine to the board prescribed by any provision of this Chapter 10 or appearing at an administrative hearing to be conducted by the board as to 11 regarding the alleged violation. Such The citations may be issued by any authorized 12 employee of the board, and may be issued either in person or via the United States 13 Postal Service, postage prepaid and properly addressed. This Subsection shall not 14 be applicable to any criminal enforcement action brought under pursuant to the 15 provisions of this Chapter. 16 M.L. Any person registered or licensed under pursuant to the provisions of 17 this Chapter who is the subject of two or more complaints received by the board 18 within a six month period shall have his name and the nature of each complaint 19 received posted on the board's website. 20 §2163. Bid procedures; penalty 21 * * * 22 C. Nothing in this Section shall be construed as prohibiting the issuance of 23 plans and specifications to recognized plan rooms, or material suppliers, or both 24 when said plans and specifications will be used only to prepare proposals which will 25 be incorporated in the bid prepared by the contractor or the issuance of plans to the 26 contractor except in connection with federal aid or other projects as set forth in R.S. 27 37:2157(A)(6). 28 D. It shall be the obligation of the The architect, engineer, or awarding 29 authority to shall classify public projects. Once the project is classified, any 30 interested person may object by sending a certified letter to both the board and to the Page 27 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 architect, engineer, or awarding authority. Said stating with particularity the reasons 2 for the objection. The objection shall be received by the board and by the architect, 3 engineer, or awarding authority at least ten working days prior to the date on which 4 bids are to be opened. The objection shall state with particularity the reasons for the 5 objection. The objection shall be and then submitted to a committee for 6 determination. The chairman of the board shall appoint the committee which shall 7 consist of board members. The committee shall have the power to may approve the 8 project classification or add an additional classification by vote of a majority of the 9 members of the committee. The matter shall be resolved and the board shall notify 10 the architect, engineer, and awarding authority no less than five days prior to the time 11 when bids are to be opened, unless all parties agree that a delay will not cause harm 12 to others. 13 E.(1) D.(1) Any awarding authority or its agent who violates the provisions 14 of this Section shall be deemed guilty of a misdemeanor and, upon conviction, be 15 punished by a fine of not less than one hundred dollars or more than two hundred 16 dollars or imprisonment in the parish jail for not less than thirty days nor more than 17 sixty days, or both, such both. Any fine and imprisonment are at the discretion of 18 the court. 19 (2) In addition, the board may, after notice and a hearing, impose a fine upon 20 any awarding authority or its agent who intentionally violates the provisions of this 21 Section. The board may not impose any fine as authorized by this Paragraph on the 22 state, its agencies, boards, or commissions, or any political subdivision thereof. 23 * * * 24 §2167. Licensure required; qualifications; examination; waivers 25 A. No person shall work as a residential building contractor, as defined in 26 this Chapter, in this state unless he holds an active license in accordance with the 27 provisions of this Chapter. 28 B. In order to obtain a license as a residential building contractor an 29 applicant shall demonstrate to the subcommittee that he: 30 * * * Page 28 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 (3) Has submitted a financial statement prepared by an independent auditor 2 accountant, bookkeeper, or certified public accountant and signed by the applicant 3 and auditor before a notary public, indicating a net worth of at least ten thousand 4 dollars, and stating that the applicant has a net worth of at least ten thousand dollars 5 statement of the applicant's assets and financial condition is true and correct. 6 C. The State Licensing Board for Contractors shall set the time and location 7 and administer an examination for licensure of residential building contractors at 8 such times and places as it shall determine in accordance with the testing procedures 9 of the board. The examination shall test the applicant's knowledge of such subjects 10 as that the subcommittee may consider considers useful in determining to determine 11 the applicant's fitness to be a licensed residential building contractor. The 12 subcommittee shall determine the criteria for satisfactory performance. 13 D. The subcommittee shall waive the examination and grant a residential 14 building contractor's license to any person working in the residential building 15 industry who meets at least one of the following requirements: 16 (1) Holds holds a builder construction license that was issued by the State 17 Licensing Board for Contractors prior to February 1, 1996. 18 * * * 19 §2186. Qualifications for licensure; application; fees 20 * * * 21 B. An applicant for a license to perform mold remediation shall meet the 22 following requirements: 23 * * * 24 (3) Present evidence to the board that he has satisfactorily completed at least 25 the following board-approved course work: 26 (a) Twenty-four twenty-four hours of training in mold remediation and basic 27 mold assessment. 28 (b) Four hours of instruction in Louisiana's "Unfair Trade Practices and 29 Consumer Protection Law". 30 * * * Page 29 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 273 ENROLLED 1 C.(1) An applicant shall furnish the board with a financial statement, current 2 to within twelve months of the date of filing, prepared by an independent auditor 3 accountant, bookkeeper, or certified public accountant and signed by the applicant 4 and auditor before a notary public, stating the assets of the applicant, to be used by 5 the board to determine the financial responsibility of the applicant to perform mold 6 remediation services. Such that the statement of the applicant's assets and financial 7 condition is true and correct. 8 (2) The applicant's assets shall include a net worth of at least ten thousand 9 dollars. An applicant without the required net worth required herein may furnish the 10 board a bond, letter of credit, or other security acceptable to the board in the amount 11 of such the net worth requirement plus the amount of the applicant's negative net 12 worth, if any, and the furnishing of such any. The bond, letter of credit, or other 13 security shall be deemed satisfaction of such the net worth requirement for all 14 purposes. 15 * * * 16 Section 2. R.S. 37:2156.1(N), 2156.2(A)(IX), 2162(M), 2163(E), and 2167(E) are 17 hereby repealed in their entirety. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 30 of 30 CODING: Words in struck through type are deletions from existing law; words underscored are additions.