Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SCR4 Engrossed / Bill

                    SLS 22RS-483	ENGROSSED
2022 Regular Session
SENATE CONCURRENT RESOL UTION NO. 4
BY SENATOR CATHEY 
FEES/LICENSES/PERMITS.  Repeals administrative licensing requirements relative to
residential specialty classifications.
1	A CONCURRENT RESOL UTION
2 To repeal Louisiana State Licensing Board for Contractors rules, LAC 46:XXIX.503 and
3 505, which generally require any corporation, partnership, individual, or contractor
4 undertaking certain construction of residential buildings or structures to obtain a
5 specialty classification license or subcontract-labor-only license; to direct the office
6 of the state register to print the notice of the repeal in the Louisiana Administrative
7 Code; and to provide for related matters.
8 WHEREAS, LAC 46:XXIX.503 requires a corporation, partnership, individual, or
9 contractor to obtain a specialty classification license to undertake or oversee the construction
10 of each of the following works on residential buildings and structures, when the value of
11 work performed exceeds seven thousand five hundred dollars, including labor and materials:
12 1. Residential Pile Driving
13 2. Residential Foundations
14 3. Residential Framing
15 4. Residential Roofing
16 5. Residential Masonry/Stucco; and
17 WHEREAS, licensure for each of the aforementioned specialty classifications
18 requires the applicant to do all of the following:
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SLS 22RS-483	ENGROSSED
1 1. Successfully complete the business and law examination.
2 2. Successfully complete the trade examination for the respective specialty
3 classification.
4 3. Provide proof of current general liability and workers' compensation insurance
5 coverage as prescribed by the board; and
6 WHEREAS, a contractor seeking to obtain a specialty classification license is
7 required, in addition to all other application and licensing requirements, to do the following:
8 1. Designate a qualifying party to successfully pass both the open-book business and
9 law examination and respective trade examination.
10 2. Provide proof of current general liability and workers' compensation insurance
11 coverage as prescribed by the board; and
12 WHEREAS, LAC 46:XXIX.505 authorizes a subcontractor who provides "labor
13 only" and works under the direct supervision of a licensed residential building contractor to
14 obtain a subcontract-labor-only specialty classification license in lieu of the specialty
15 classification license required in LAC 46:XXIX.503; and
16 WHEREAS, a subcontractor seeking to obtain a subcontract-labor-only specialty
17 classification license may be exempt from the trade examination requirement, if the
18 subcontractor does all of the following:
19 1. Completes and submits a residential application as prescribed by the board.
20 2. Submits an affidavit executed by a licensed residential building contractor attesting
21 to the subcontractor's quality of work and character.
22 3. Completes the business and law examination.
23 4. Provides proof of current general liability and workers' compensation insurance
24 coverage as prescribed by the board; and
25 WHEREAS, some citizens of this state believe the construction industry is one of the
26 few remaining industries affording opportunities for workers to learn a trade and earn a
27 living without the expense of a higher education; and
28 WHEREAS, generally, stakeholders are concerned that specialty classification
29 licensing requirements of the board serve to adversely affect the self-employed contractor
30 and subcontractor, and thus the rules should be repealed; and
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SLS 22RS-483	ENGROSSED
1 WHEREAS, R.S. 49:969 authorizes the legislature, by concurrent resolution, to
2 suspend, amend, or repeal any rule adopted by a state department, agency, board, or
3 commission.
4 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
5 46:XXIX.503 and 505 are hereby repealed in their entirety.
6 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
7 office of the state register and the Louisiana State Licensing Board for Contractors.
8 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
9 to have the repeal of LAC 46:XXIX.503 and 505 printed and incorporated into the Louisiana
10 Administrative Code and to transmit a copy of the revised rules to the Louisiana State
11 Licensing Board for Contractors.
The original instrument was prepared by Leonore Heavey. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle D. Ridge.
DIGEST
SCR 4 Engrossed 2022 Regular Session	Cathey
Repeals Louisiana State Licensing Board for Contractors rules, LAC 46:XXIX.503 and 505,
that require any corporation, partnership, individual, or contractor undertaking certain
construction of residential buildings or structures to obtain a specialty classification license
or subcontract-labor-only license.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Makes technical changes.
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