SLS 20RS-358 ENGROSSED
2020 Regular Session
SENATE BILL NO. 163
BY SENATOR CATHEY AND REPRESENTATI VE MCFARLAND
HORTICULTURE. Provides an exemption for certain contractors to the licensure
requirements of the Horticulture Commission. (gov sig)
1 AN ACT
2 To enact R.S. 3:3816(8), relative to the Horticulture Commission; to provide relative to
3 professions regulated by the Horticulture Commission; to provide relative to
4 licensure requirements; to provide an exemption for certain contractors to licensure
5 requirements; to provide for definitions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 3:3816(8) is hereby enacted to read as follows:
8 ยง3816. Special provisions
9 The following provisions shall supersede the requirements and provisions of
10 this Chapter:
11 * * *
12 (8) A contractor that is licensed pursuant to R.S. 37:2156.1 and is
13 performing repair work within a right-of-way that costs less than ten thousand
14 dollars shall not be required to obtain any license required by this Chapter. For
15 the purposes of this Section, "repair work" means the restoration or
16 replacement of sod disrupted during the course of performing work within the
17 scope of a construction contract or permit.
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 163
SLS 20RS-358 ENGROSSED
1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 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 Curry Lann.
DIGEST
SB 163 Engrossed 2020 Regular Session Cathey
Present law (R.S. 3:3801 et seq.) creates the Horticulture Commission which regulates the
following professions:
(1)Arborist.
(2)Retail florist.
(3)Wholesale florist.
(4)Landscape horticulturist.
(5)Landscape architect.
(6)Utility arborist.
(7)Landscape irrigation contractors.
Proposed law retains present law.
Present law prohibits a person from receiving fees for engaging in a regulated profession,
or advertising as engaged in a regulated profession, or soliciting business in a regulated
profession, unless the person holds a valid appropriate license issued by the commissioner
of agriculture and forestry, or has a regular employee who holds a valid appropriate license
issued by the commissioner of agriculture and forestry, or is employed by or is working
under the direct supervision of a person who holds a valid appropriate license issued by the
commissioner of agriculture and forestry.
Proposed law retains present law.
Proposed law exempts a licensed contractor that is performing repair work within a
right-of-way that costs less than $10,000 from the licensure requirements of present law.
Proposed law defines "repair work" as the restoration or replacement of sod disrupted during
the course of performing work within the scope of a construction contract or permit.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 3:3816(8))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 163
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill
1. Changes the cap on the value of the repair work from less than 5% of the
total value of a construction contract to less than $10,000.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.