2022 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 4
BY SENATOR CATHEY
A CONCURRENT RESOL UTION
To repeal Louisiana State Licensing Board for Contractors rules, LAC 46:XXIX.503 and
505, which generally 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; to direct the office
of the state register to print the notice of the repeal in the Louisiana Administrative
Code; and to provide for related matters.
WHEREAS, LAC 46:XXIX.503 requires a corporation, partnership, individual, or
contractor to obtain a specialty classification license to undertake or oversee the construction
of each of the following works on residential buildings and structures, when the value of
work performed exceeds seven thousand five hundred dollars, including labor and materials:
(1) Residential Pile Driving
(2) Residential Foundations
(3) Residential Framing
(4) Residential Roofing
(5) Residential Masonry/Stucco; and
WHEREAS, licensure for each of the aforementioned specialty classifications
requires the applicant to do all of the following:
(1) Successfully complete the business and law examination.
(2) Successfully complete the trade examination for the respective specialty
classification.
(3) Provide proof of current general liability and workers' compensation insurance
coverage as prescribed by the board; and
WHEREAS, a contractor seeking to obtain a specialty classification license is
required, in addition to all other application and licensing requirements, to do the following:
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(1) Designate a qualifying party to successfully pass both the open-book business and
law examination and respective trade examination.
(2) Provide proof of current general liability and workers' compensation insurance
coverage as prescribed by the board; and
WHEREAS, LAC 46:XXIX.505 authorizes a subcontractor who provides "labor
only" and works under the direct supervision of a licensed residential building contractor to
obtain a subcontract-labor-only specialty classification license in lieu of the specialty
classification license required in LAC 46:XXIX.503; and
WHEREAS, a subcontractor seeking to obtain a subcontract-labor-only specialty
classification license may be exempt from the trade examination requirement, if the
subcontractor does all of the following:
(1) Completes and submits a residential application as prescribed by the board.
(2) Submits an affidavit executed by a licensed residential building contractor
attesting to the subcontractor's quality of work and character.
(3) Completes the business and law examination.
(4) Provides proof of current general liability and workers' compensation insurance
coverage as prescribed by the board; and
WHEREAS, some citizens of this state believe the construction industry is one of the
few remaining industries affording opportunities for workers to learn a trade and earn a
living without the expense of a higher education; and
WHEREAS, generally, stakeholders are concerned that specialty classification
licensing requirements of the board serve to adversely affect the self-employed contractor
and subcontractor, and thus the rules should be repealed; and
WHEREAS, R.S. 49:969 authorizes the legislature, by concurrent resolution, to
suspend, amend, or repeal any rule adopted by a state department, agency, board, or
commission.
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
46:XXIX.503 and 505 are hereby repealed in their entirety.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
office of the state register and the Louisiana State Licensing Board for Contractors.
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BE IT FURTHER RESOLVED that the office of the state register is hereby directed
to have the repeal of LAC 46:XXIX.503 and 505 printed and incorporated into the Louisiana
Administrative Code and to transmit a copy of the revised rules to the Louisiana State
Licensing Board for Contractors.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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