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2025 Regular Session
SENATE BILL NO. 122
BY SENATOR ABRAHAM
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTRACTORS. Provides relative to the Louisiana State Licensing Board for Contractors.
(8/1/25)
1 AN ACT
2 To amend and reenact R.S. 37:2150.1, 2151(A)(2), (B)(5), (6), (7), and (8), and (D),
3 2153(F)(1) and (5), and (G), 2155(B) and (G)(2) and (4), 2156(A)(1), (B)(1), (E)
4 through (M), 2156.1, 2156.2, 2156.3, 2157(A), the introductory paragraph of
5 2158(A), 2158(A)(2), (8), (10), (11), (13), (15) through (19), and (C), the
6 introductory paragraph of 2159(A), 2159(A)(1), (B), and (D), the introductory
7 paragraph of 2159.1, 2160(B) and (C), 2161(A) and (C), 2163(A)(2) and (C)(3),
8 2164, and 2165(B) and (C) and to enact R.S. 37:2151 (B)(9), 2153(H), 2155(G)(5)
9 and 2156(N), 2156.4, 2158(A)(20) through (23), 2159(A)(6), and 2165(A)(6)
10 through (8), relative to the Louisiana State Licensing Board of Contractors; to
11 provide for membership, qualifications, and term limits of board members; to
12 provide for the power and duties of the board; to provide for residential contractors
13 subcommittee terms and membership; to provide for application and license
14 procedures, requirements, applicability; to provide for license classification; to
15 provide for scope of work and licensure and classification requirements; to provide
16 for records and documents of licensee; to provide for enforcement, violations,
17 penalties, and fees; to provide for terms, conditions, procedures, exemptions, and
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1 definitions; and to provide for related matters.
2 Be it enacted by the Legislature of Louisiana:
3 Section 1. R.S. 37:2150.1, 2151(A)(2), (B)(5), (6), (7), and (8), and (D), 2153(F)(1)
4 and (5) and (G), 2155(B) and (G)(2) and (4), 2156(A)(1), (B)(1), (E) through (M), 2156.1,
5 2156.2, 2156.3, 2157(A), the introductory paragraph of 2158(A), 2158(A)(2), (8), (10), (11),
6 (13), (15) through (19), and (C), the introductory paragraph of 2159(A), 2159(A)(1), (B), and
7 (D), the introductory paragraph of 2159.1, 2160(B) and (C), 2161(A) and (C), 2163(A)(2)
8 and (C)(3), 2164, and 2165(B) and (C) are hereby amended and reacted and R.S.
9 37:2151(B)(9), 2153(H), 2155(G)(5), 2156(N), 2156.4, 2158(A)(20) through (23),
10 2159(A)(6), and 2165(A)(6) through (8) are hereby enacted to read as follows:
11 §2150.1. Definitions
12 As used in this Chapter, the following terms have the following meanings:
13 (1) "Board" means the State Licensing Board for Contractors.
14 (2) "Commercial purposes" means any construction project except residential
15 structures intended to be primarily occupied as a residence with no more than four
16 two separate dwelling units incorporated into one structure.
17 (3) "Contract" means an agreement to perform a scope of work that is
18 regulated by this Chapter. It The project value includes the entire cost of the labor,
19 materials, rentals, and all direct and indirect project expenses. The cost of materials,
20 rentals, and direct and indirect expenses shall be included regardless of who pays the
21 costs or if they are donated. The "principal contract" is the agreement to perform the
22 entire scope of work for a construction project.
23 (4)(a) "Contractor" means any person who undertakes to, attempts to, or
24 submits a price or bid or offers to construct, supervise, superintend, oversee, direct,
25 perform, or in any manner assume charge of the construction, alteration, repair,
26 improvement, movement, demolition, putting up, tearing down, furnishing labor, or
27 furnishing labor together with material or equipment, or installing material or
28 equipment for any of the following:
29 (i) Any building, highway, road, railroad, sewer, grading, excavation,
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1 pipeline, public utility structure, project development, housing, or housing
2 development, improvement, or any other construction undertaking for which the
3 entire cost project value is fifty thousand dollars or more when the property is to be
4 used for commercial purposes.
5 (ii) Any new residential structure where the entire cost for which the project
6 value is fifty thousand dollars or more when the property is used for residential
7 purposes.
8 (iii) Any improvements or repairs where the entire cost exceeds seven
9 thousand five hundred dollars to an existing residential structure for which the
10 project value is seven thousand five hundred dollars or more.
11 (iv) Any mold remediation where the entire cost exceeds for which the
12 project value is seven thousand five hundred dollars or more.
13 (b) The term "contractor" includes persons who receive an additional fee for
14 the employment or direction of labor, or any other work beyond the normal
15 architectural or engineering services.
16 (c) A contractor holding a license in the major classification of hazardous
17 materials, or any subclassifications thereunder, shall be defined in terms of work
18 performed for which the cost project value is one dollar or more.
19 (d) "Contractor" shall not mean any person, supplier, manufacturer, or
20 employee of such person who assembles, repairs, maintains, moves, puts up, tears
21 down, or disassembles any patented or proprietary equipment supplied by such
22 person to a contractor to be used solely by the contractor for a construction
23 undertaking. "Proprietary" shall mean specific and specialized equipment
24 installation, manufacturing processes, used, or components that are protected from
25 disclosure to third parties by the owner or manufacturer of the equipment.
26 (5) "Controlled access" means the complete building or facility area
27 under direct physical control within which an unauthorized person is denied
28 access.
29 (5)(6)"Electrical contractor" means any person who undertakes to, attempts
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1 to, or submits a price or bid or offers to construct, supervise, superintend, oversee,
2 direct, perform, or in any manner assume charge of the construction, alteration,
3 repair, improvement, movement, demolition, putting up, tearing down, or furnishing
4 labor together with material and equipment, or installing the same for the wiring,
5 fixtures, or appliances for the supply of electricity to any residential, commercial, or
6 other project, when the cost of the undertaking exceeds the sum of for which the
7 project value is ten thousand dollars or more. This Paragraph shall not be deemed
8 or construed to limit the authority of a contractor, general contractor, or residential
9 contractor, as those terms are defined in this Section, nor to require such individuals
10 to become an electrical contractor.
11 (7) "Employee" means a worker whose employer deducts taxes from
12 their wages and reports their annual earnings to the Internal Revenue Service
13 using a W-2 form.
14 (6)(8) "Executive director" means the person appointed by the board to serve
15 as the chief operating officer in connection with the day-to-day operation of the
16 board's business. The executive director shall be the appointing authority for all
17 employees of the board.
18 (7)(a)(9)(a) "General contractor" means a person who contracts directly with
19 the owner. The term "general contractor" shall include the term "primary contractor"
20 and wherever used in this Chapter or in regulations promulgated thereunder "primary
21 contractor" shall mean "general contractor".
22 (b) "General contractor" shall not mean any person, supplier, manufacturer,
23 or employee of such person who assembles, repairs, maintains, moves, puts up, tears
24 down, or disassembles any patented or proprietary equipment supplied by such
25 person to a contractor to be used solely by the contractor for a construction
26 undertaking.
27 (8)(10) "Home improvement contracting" means the reconstruction,
28 alteration, renovation, repair, modernization, conversion, improvement, removal, or
29 demolition, or the construction of an addition to any preexisting residential structure
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1 which building is used or designed to be used as a residence or dwelling unit, or to
2 structures which are adjacent to such residence or building where the project value
3 is seven thousand five hundred dollars or more but is less than fifty thousand dollars
4 for which the project value is seven thousand five hundred dollars or more.
5 "Home improvement contracting" shall not include the performance of any structural
6 work that is integral to the structural integrity of any new or existing structure,
7 including but not limited to footings, foundation, outside walls, skeleton, bearing
8 columns and interior load bearing walls, and floor slabs. "Home improvement
9 contracting" shall not include services rendered gratuitously.
10 (9)(11) "Home improvement contractor" means any person who undertakes
11 or attempts to undertake or submits a price or bid on any home improvement
12 contracting project or offers to construct, supervise, superintend, oversee, direct,
13 perform, or in any manner assume charge of a home improvement project for
14 which the project value is at least seven thousand five hundred dollars but less
15 than fifty thousand dollars. A home improvement contractor shall not perform
16 any structural work that is integral to the structural integrity of any new or
17 existing structure, including but not limited to footings, foundations, outside
18 walls, skeleton, bearing columns and interior load bearing walls, floor slabs, or
19 roofing systems to any type.
20 (12) "License" means any form of license or registration the board is
21 authorized to issue in accordance with this Chapter.
22 (10)(13) "Mechanical contractor" means any person who undertakes to,
23 attempts to, or submits a price or bid or offers to construct, supervise, superintend,
24 oversee, direct, perform, or in any manner assume charge of the construction,
25 alteration, repair, improvement, movement, demolition, putting up, tearing down, or
26 furnishing labor, or furnishing labor together with material and equipment, or
27 installing the same for the construction, installation, maintenance, testing, and repair
28 of air conditioning, refrigeration, heating systems, and plumbing for all residential,
29 commercial, and industrial applications as well as ventilation systems, mechanical
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1 work controls, boilers and other pressure vessels, steam and hot water systems and
2 piping, gas piping and fuel storage, and chilled water and condensing water systems
3 and piping, including but not limited to any type of industrial process piping and
4 related valves, fittings, and components, when the cost of the undertaking exceeds
5 the sum of for which the project value is ten thousand dollars or more. This
6 Paragraph shall not be deemed or construed to limit the authority of a contractor,
7 general contractor, or residential contractor, as those terms are defined in this
8 Section, nor to require such individuals to become a mechanical contractor.
9 (11)(14) "Mold remediation contractor" means any person who engages in
10 removal, cleaning, sanitizing, demolition, or other treatment, including preventative
11 activities, of mold or mold-contaminated matter that was not purposely grown at that
12 location and where the costs for such labor and materials exceed for which the
13 project value is seven thousand five hundred dollars or more. Mold remediation
14 applies only to the regulation of mold-related activities that affect indoor air quality
15 and does not apply to routine cleaning when not conducted for the purpose of mold-
16 related activities intended to affect indoor air quality.
17 (12)(15) "Person" means any individual, firm, partnership, association,
18 cooperative, corporation, limited liability company, limited liability partnership, or
19 any other entity recognized by Louisiana law; and whether or not acting as a
20 principal, trustee, fiduciary, receiver, or as any other kind of legal or personal
21 representative, or as a successor in interest, assignee, agent, factor, servant,
22 employee, director, officer, or any other representative of such person; or any state
23 or local governing authority or political subdivision performing a new construction
24 project which exceeds the contract limits provided in R.S. 38:2212 and which does
25 not constitute regular maintenance of the public facility or facilities which it has been
26 authorized to maintain.
27 (13)(16) "Plumbing contractor" means any person who installs, maintains,
28 and repairs potable and nonpotable tap water or sewer systems within a building
29 structure or residential structure when the cost of the undertaking exceeds the sum
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1 of for which the project value is ten thousand dollars or more.
2 (17) "Principal" means an owner, shareholder, or an officer or director
3 of a corporation; a member or manager of a limited liability company; a
4 general partner of a partnership; a sole proprietor; a trustee; or a full-time
5 employee with similar operational control or significant influence with respect
6 to any person as determined by the board.
7 (14)(18) "Qualifying party" means a natural person designated by the
8 contractor to represent the contractor for the purpose of complying with the
9 provisions of this Chapter including without limitation but not limited to meeting
10 the requirements for the initial license and any continuation thereof.
11 (15)(19)(a) "Residential contractor" means any person who constructs a fixed
12 building or structure for sale or use by another as a residence or who, for a price,
13 commission, fee, wage, or other compensation, undertakes or offers to undertake the
14 construction or superintending of the construction of any residential structure which
15 is not more than three floors in height, to be used by another as a residence, when the
16 cost of the undertaking for which the project value is fifty thousand dollars or
17 greater more. The term "residential contractor" includes all persons who receive an
18 additional fee for the employment or direction of labor, or any other work beyond
19 the normal architectural or engineering services. "Residential contractor" also means
20 any person performing home improvement contracting as provided for in this Section
21 when the cost of the undertaking is seven thousand five hundred dollars or more. It
22 shall not include the manufactured housing industry or those persons engaged in
23 building residential structures that are mounted on metal chassis and wheels.
24 (b) "Residential contractor" shall include:
25 (i) Any person bidding or performing home improvement for which the
26 project value is seven thousand five hundred dollars or more.
27 (ii) Any person performing the installation of a modular home with a
28 value equal to or greater than thirty-seven thousand five hundred dollars for
29 which the total project value shall not include the cost of the component parts
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1 of the modular home in the condition each part leaves the factory pursuant to
2 R.S. 40:1730.71.
3 (c) "Residential contractor" shall not include persons engaged in
4 building residential structures that are mounted on a metal chassis and wheels.
5 (20) "Residential roofing" means the construction, alteration, repair,
6 improvement, demolition, putting up, tearing down, furnishing labor, or
7 furnishing labor together with materials or equipment, or the installation of
8 materials or equipment for any phase of roofing specific to a residential
9 structure for which the project value is seven thousand five hundred dollars or
10 more.
11 (21) "Residential roofing contractor" means any person who undertakes
12 to, attempts to, or submits a price or bid, or offers to construct, supervise,
13 superintend, oversee, direct, perform, or in any manner assume charge of a
14 residential roofing project for which the project value is seven thousand five
15 hundred dollars or more.
16 (16)(22) "Residential structure" means a building or structure that is used
17 primarily for occupancy by a person as a residence. Such structures or buildings
18 include but are not limited to single family dwellings, duplexes, triplexes, and
19 fourplexes and duplexes which are not more than three floors in height and
20 structures that are part of or adjacent to the building or structures to be used as a
21 residence. A residential structure more than three floors in height may be built
22 by a person holding a building construction and residential construction license.
23 (17)(23) "Subcontract" means an agreement to perform a portion of the scope
24 of work contained in the principal contract including the entire cost of labor and
25 materials of that part of the principal contract which is performed by the
26 subcontractor.
27 (18)(a)(24)(a) "Subcontractor" means a person who contracts to perform a
28 scope of work that is a part of the scope of work contained in the principal contract.
29 (b) "Subcontractor" shall not include any person, supplier, or manufacturer
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1 who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any
2 patented or proprietary equipment supplied by such person to a contractor to be used
3 solely by the contractor for a construction undertaking.
4 §2151. State licensing board for contractors; membership; qualifications; tenure;
5 vacancies; term limits
6 A. There is hereby created the State Licensing Board for Contractors within
7 the office of the governor. The members shall serve without compensation.
8 * * *
9 (2) Each member shall have been actively engaged as a responsible
10 contractor in the construction classification that he represents for the five-year period
11 prior to his appointment as a board member, except for any member appointed
12 pursuant to Paragraph (B)(6) Paragraph (B)(7) of this Section if he represents the
13 public at large.
14 * * *
15 B. The members shall be selected and appointed as follows:
16 * * *
17 (5)(a) There shall be one member with the greater part of his experience as
18 a licensed concrete contractor. The speaker of the House of Representatives shall
19 submit to the governor a list of three members of the Louisiana Concrete
20 Association, and the governor shall appoint this member.
21 (b)(6) There shall be one member with the greater part of his experience as
22 a subcontractor. The president of the Senate shall submit to the governor a list of
23 three members of the American Subcontractors Association of Louisiana, and the
24 governor shall appoint this member.
25 (6)(7) At least three members shall be from and represent the public at large
26 and shall not earn their livelihood in a construction-related industry.
27 (7)(8) At least one member shall have had the greater experience as a
28 licensed contractor in the field of oil field construction, and shall be appointed from
29 a list of three names submitted by the Louisiana Oilfield Contractors Association.
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1 (8)(9) There shall be one member from the National Association for the
2 Advancement of Colored People.
3 * * *
4 D. Members shall serve terms of six years; however, initially four members
5 shall serve terms of two years, four members shall serve terms of four years, and four
6 members shall serve terms of six years. No member appointed after August 1,
7 2025, shall serve more than three consecutive terms. A member may be
8 removed by the governor for cause or at the request of the chairman for failure
9 to attend more than half of regularly scheduled meetings within a twelve-month
10 period or for cause.
11 * * *
12 §2153. Powers of the board
13 * * *
14 F. In addition to any other duties and powers granted by this Chapter, the
15 board shall:
16 (1) Grant licenses to qualified contractors persons pursuant to this Chapter.
17 * * *
18 (5) Recognize that any applicant holding a license in good standing in a
19 comparable classification in another state recognized by the respective agency as a
20 reciprocity state may have the trade portion of the examination waived upon written
21 certification from that state in which the applicant is licensed Waive the trade
22 portion of the examination requirement for any applicant holding a license in
23 a comparable classification in another state as determined by the board, upon
24 written certification from the licensing state that the applicant passed the exam
25 for the classification and is in good standing. The business law course and the
26 provisions of R.S. 37:2156.1 requirement shall not be waived. Applicants shall
27 comply with all other licensing requirements of this state; however, for good cause,
28 the board may waive any other licensing requirement.
29 * * *
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1 G. If a possible violation is known to the board, the board may correct
2 it or take appropriate action without formal complaint.
3 H. Notwithstanding any other provisions to the contrary and to the extent
4 deemed necessary or appropriate by the board for the efficient implementation of its
5 responsibilities under this Chapter, the board may delegate its powers and duties to
6 its staff by specific resolution of the board.
7 * * *
8 §2155. Residential Contractors Subcommittee; membership; terms; powers; duties
9 * * *
10 B. The terms of office of the initial members appointed to the residential
11 subcommittee shall be one for a three-year term, one for a two-year term, and one
12 for a one-year term, to be determined by the governor. Thereafter, all members shall
13 be appointed for three-year six-year terms. All terms shall commence thirty days
14 after the appointment and all members shall serve until their successors have been
15 appointed and qualified. Vacancies occurring in the membership of the residential
16 subcommittee for any reason shall be filled by appointment by the governor for the
17 unexpired term. No person shall be appointed for more than two consecutive terms.
18 The governor may remove a member for cause. No member appointed after
19 August 1, 2025, shall serve more than three consecutive terms. A member may
20 be removed by the governor for cause or at the request of the chairman for
21 failure to attend more than half of the regularly scheduled meetings within a
22 twelve-month period or for cause.
23 * * *
24 G. Subject to the approval of the board, the residential subcommittee shall
25 have all of the following powers and duties:
26 * * *
27 (2) To issue, suspend, modify, or revoke licenses to do business in this state
28 pursuant to the provisions of R.S. 37:2158 R.S. 37:2150 et seq.
29 * * *
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1 (4) To cause the enforcement against, and the prosecution and enjoinder of,
2 all persons violating provisions of this Chapter, and rules and regulations of the
3 board; issue fines, penalties, and other costs for violations; and incur necessary
4 expenses therefor therein.
5 (5) If an alleged violation is known to the residential subcommittee, the
6 residential subcommittee may correct it or take appropriate action without
7 formal complaint.
8 §2156. Applications; licenses; fees; renewals
9 A.(1) The board may receive an application from a person pursuant to the
10 provisions of this Chapter at any time. Upon initial application, the license of a
11 person shall be issued after all requirements have been met and approved by the
12 board. The executive director shall compile a list of all applicants for licensure for
13 inclusion in the agenda that are to be considered at a board meeting. Upon
14 application, the license of a person shall be issued, upon approval by the board,
15 after all the requirements have been met.
16 * * *
17 B.(1) To defray the cost of issuing licenses and of administering the
18 provisions of this Chapter, the board shall fix reasonable fees to be assessed pursuant
19 to the provisions of this Chapter, and reasonable penalties to be assessed for late
20 applications for renewal of licenses and other administrative infractions; however,
21 the basic license fee shall be the sum of not more than one hundred dollars and the
22 fee for additional classifications shall be a lesser amount as set by the board.
23 * * *
24 E. When issuing a license to any contractor, the board shall state the
25 contractor's classification on the license, according to the classification requested by
26 the contractor and for which he has completed all of the requirements.
27 F.(1) The licensee shall not be permitted to bid or perform any type of work
28 not included in the classification under which his license was issued.
29 (2) A person licensed or registered by the board shall bid, contract,
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1 conduct all business transactions, and perform work in the name as it appears
2 on the current license or registration and the official records of the Louisiana
3 State Licensing Board for Contractors.
4 G. The licensee may apply for and receive additions to or changes in his
5 classification by applying, successfully completing the written examination, A
6 licensee may add classifications to an existing license by applying, successfully
7 completing all requirements and paying the required fees. Additions or changes to
8 an existing license shall become effective after completion of the requirements and
9 upon board approval.
10 H.(1) Licenses and renewals issued pursuant to the provisions of this Chapter
11 shall expire on the anniversary of the date on which the license was originally issued.
12 Licensees shall elect upon renewal one-, two-, or three-year license renewal terms,
13 and licenses may be issued by the board on a multiple-year basis, not to exceed a
14 three-year renewal term for any license. Licenses dependent on insurance
15 requirements or certifications shall not be eligible for multiple-year renewal.
16 The license becomes invalid on the last day of the term for which it was issued
17 unless renewed; however, after a license has expired, the person to whom the license
18 was issued shall have fifteen days following the expiration date to file an application
19 for the renewal of the license without the payment of a penalty. Any person who
20 makes an application for the renewal of a license after fifteen days following the
21 expiration date of the license may, at the discretion of the board, have his license
22 renewed after paying the required license fees and a penalty, shall be charged a
23 delinquent fee not exceeding the sum of fifty dollars, that the board may impose.
24 (2) Licenses or classifications issued based on certifications or credentials
25 shall expire upon the expiration date of the credential or certification.
26 I. All applications are considered active for a period of one year after the
27 date of submission. Applications not completed for any reason shall be
28 considered invalid after that time.
29 J. If a license is not renewed within a period of one year from the date of its
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1 expiration, any application for renewal shall be considered and treated as a new
2 application. it is no longer eligible for renewal. An application, for a new license
3 may be submitted and upon approval, a new license shall be issued.
4 J.(1)K.(1) The board shall assess on each license renewal issued to a
5 contractor an additional fee of one hundred dollars per year to be dedicated and
6 allocated as provided in this Subsection to any public university in this state or any
7 community college school of construction management or construction technology
8 in this state that is accredited by either the American Council for Construction
9 Education or the Accreditation Board for Engineering and Technology. The board
10 shall include on each license renewal form issued to a contractor an optional election
11 whereby the contractor may choose to not participate in the remission of the
12 additional one-hundred-dollar dedication fee.
13 (2) Each January, each accredited public university or community college
14 school of construction management or construction technology shall report to the
15 board the number of graduates from its school of construction management or
16 construction technology from the previous calendar year.
17 (3) Any and all funds collected pursuant to this Subsection shall be disbursed
18 to the accredited public university or community college schools of construction
19 management or construction technology by August October first of each year upon
20 completion of the annual audit of the board. The funds shall be used by the
21 accredited public university or community college schools of construction
22 management or construction technology solely for the benefit of their program and
23 the expenditure of such funds shall be approved by the industry advisory council or
24 board for the program. The funds collected pursuant to this Subsection shall be in
25 addition to any other monies received by such schools and are intended to
26 supplement and not replace, displace, or supplant any other funds received from the
27 state or from any other source. Any school of construction management or
28 construction technology that experiences a decrease in the funding appropriated to
29 them by the accredited public university or community college as determined by the
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1 industry advisory council or board for the program shall be ineligible for
2 participation under the provisions of this Subsection, and the monies from the fund
3 for such school of construction management or construction technology shall be
4 redistributed on a pro rata basis to all other accredited and eligible schools.
5 (4) The funds collected pursuant to this Subsection shall be distributed as
6 follows:
7 (a) One-half on a pro rata basis to each accredited public university's or
8 community college's schools of construction management or construction
9 technology. However, each accredited public university shall receive twice as much
10 funds as each community college.
11 (b) One-half pro rata to each accredited public university school of
12 construction management or construction technology based on the total number of
13 graduates from the previous calendar year from each school as reported to the board.
14 (5) No funds shall be allocated to any public university or community college
15 school of construction management or construction technology that does not
16 maintain current and active accreditation as required by this Subsection.
17 K.L. The licenses issued pursuant to the provisions of this Chapter are not
18 transferable.
19 L.M. Any other provisions of this Chapter notwithstanding, no license shall
20 be issued to any foreign corporation which has not obtained from the secretary of
21 state No license shall be issued to any domestic or foreign entity required to be
22 registered with the secretary of state which does not hold a certificate of authority
23 to do business, as provided in Chapter 3 of Title 12 of the Louisiana Revised Statutes
24 of 1950 in good standing.
25 M.N. Except for the licenses, fees, and assessments authorized by this
26 Chapter, and except for the occupational license taxes authorized by the constitution
27 and laws of this state, and except for permit fees charged by parishes and
28 municipalities for inspection purposes, and except for licenses required by parishes
29 and municipalities for the purpose of determining the competency of mechanical or
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1 plumbing contractors, or both, and electrical contractors, no contractor shall be liable
2 for any fee or license as a condition of engaging in the contracting business.
3 §2156.1. Requirements for issuance of a license
4 A. To become licensed in accordance with the provisions of this Chapter, an
5 applicant shall make application to the board on a form adopted by the board and
6 shall state the classification of work the applicant desires to perform from a list of
7 major classifications as follows classifications for which applying from the list of
8 major classifications listed herein or from the list of subclassifications and
9 specialty classification as adopted by rule. The major classifications are:
10 (1) Building construction.
11 (2) Highway, street, and bridge construction.
12 (3) Heavy construction.
13 (4) Municipal and public works construction.
14 (5) Electrical.
15 (6) Mechanical.
16 (7) Plumbing.
17 (8) Hazardous materials.
18 (9) Residential construction.
19 (10) Mold remediation.
20 (11) Home improvement.
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)(1) Commercial, residential, and mold remediation applicants shall
24 furnish the board with a financial statement, current to within twelve months of the
25 date of filing, prepared by an accountant, bookkeeper, or certified public accountant
26 and signed by the applicant, stating that the statement of applicant's assets and
27 financial condition is true and correct. The assets shall include a net worth of at least
28 ten thousand dollars. An applicant without the net worth required by this Paragraph
29 may also furnish the board a bond, letter of credit, or other security acceptable to the
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1 board in the amount of the net worth requirement plus the amount of the applicant's
2 negative net worth if any, and the furnishing of the bond, letter of credit, or other
3 security shall be deemed satisfaction of the net worth requirement for all purposes.
4 The financial statement and any information contained therein, as well as any other
5 financial information required to be submitted by a contractor, shall be confidential
6 and not subject to the provisions of R.S. 44:1 through 57. All applicants for a
7 license or registration shall submit a financial statement on a form supplied by
8 the board, current to within twelve months of the date of filing the application,
9 prepared and signed by an accountant, bookkeeper, or certified public
10 accountant and signed by the applicant, attesting the statement is true and
11 correct.
12 (2) No financial statement is required for a license renewal. Residential and
13 commercial licenses, their subclassifications, and all specialty classifications
14 with the exception of labor only specialty shall have a net worth of fifty
15 thousand dollars or more. Home improvement, mold remediation, and labor
16 only specialties shall have a net worth of twenty-five thousand dollars or more.
17 An applicant without the net worth required by this Paragraph may satisfy the
18 net worth requirement for all purposes by submitting an irrevocable letter of
19 credit in the amount of the net worth requirement plus the amount of the
20 applicant's negative net worth if any. The financial statement and any
21 information contained therein, as well as any other financial information
22 required to be submitted by a contractor, shall be confidential and not subject
23 to the provisions of R.S. 44:1 through 57.
24 D.(1)C. An applicant for commercial, residential, or mold remediation
25 contractor licensure shall designate a qualifying party who shall be the legal
26 representative for the contractor relative to the provisions of this Chapter. The
27 designated qualifying party shall complete an application supplied by the board and
28 pass any mandatory examination required by the board or present any credential
29 required. The board may deny approval of the qualifying party for good cause, which
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1 may include the ability of the proposed principal owner or owners, principal
2 shareholder or shareholders, or qualifying party to engage in the business of
3 contracting as demonstrated by his prior contracting business experience. Evidence
4 which may be considered by the board shall be limited to any legal proceedings
5 against the qualifying party or businesses where the qualifying party was in a
6 position of control at the time a problem arose and the ultimate disposition of the
7 proceedings, any financial history of bankruptcies, unpaid judgments, insolvencies,
8 or any similar evidence. When the qualifying party terminates employment with the
9 licensee, the board shall be notified in writing within thirty days of the disassociation
10 and another qualifying party shall qualify within sixty days. The persons who may
11 be a qualifying party or parties are:
12 (a) A sole proprietor or spouse of a sole proprietor.
13 (b) Any employee of an applicant who has been in full-time employment for
14 one hundred twenty consecutive days immediately preceding the application. The
15 employee may be allowed to be the qualifying party for the licensed company and
16 related entities.
17 (c) Any stockholder, officer, or incorporator of a corporation.
18 (d) Any partner of a partnership.
19 (e) Any member or manager of a limited liability company. The applicant,
20 each principal, and each designated qualifying party shall complete an
21 application and pass a background investigation. Applicants shall provide all
22 information or documentation requested by the board, including but not limited
23 to documentation relative to identification, criminal history, and financial
24 history. The board may deny approval of the applicant, any of its principals, or
25 any qualifying party for cause. The background investigation shall be conducted
26 in relation to the following:
27 (1) Fiduciary or monetary matters including but not limited to any
28 bankruptcy, judgments, insolvency, or lien.
29 (2) Any criminal offense resulting in a conviction, guilty plea, or plea of
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1 nolo contendere.
2 D.(1) An applicant for licensure shall designate a qualifying party for
3 each classification and for the Louisiana business and law requirement. The
4 qualifying party shall meet all application requirements and shall satisfy any
5 examination and credential requirement.
6 (2) Any principal or full-time employee as defined in this Chapter may
7 be the qualifying party of an applicant or licensee upon the satisfaction of all
8 requirements.
9 (2)(3) A qualifying party for a licensed contractor may be a qualifying party
10 for any affiliated entities to the licensed contractor may also be a qualifying party
11 for any subsidiary of a licensee.
12 (3)(4) Upon good showing, the The board may exempt any qualifying party
13 from the required examinations. The board shall exempt from testing for a residential
14 construction license any person working in the residential industry who holds a
15 building construction license that was issued by the board if requested by the
16 building contractor.
17 (4)(5) Upon the determination that a person has engaged in deceptive
18 practices when taking or attempting to take any board examination, the person shall
19 be ineligible to serve as a qualifying party for a licensee for a period of one year
20 three years.
21 E. Residential construction, mold remediation, and home improvement
22 construction applicants for licensure applicants shall be required to submit
23 certificates evidencing workers' compensation coverage in compliance with Title 23
24 of the Louisiana Revised Statutes of 1950, and liability insurance in a minimum
25 amount of one hundred thousand dollars or liability protection provided by a liability
26 trust fund as authorized by R.S. 22:46(9)(d) in a minimum amount of one hundred
27 thousand dollars.
28 F.(1) Notwithstanding any other provision of law to the contrary, any
29 residential contractor home improvement, or mold remediation licensee in good
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1 standing with the board who has held a license to engage in residential construction
2 issued pursuant to this Chapter for not less than one consecutive year may elect to
3 place his license in an inactive license status with the board, if he applies for a
4 transfer to inactive status apply to transfer the license to an inactive status.
5 (2) During the period a license is in inactive status, the licensee shall be
6 prohibited from engaging in any activity requiring a residential contractor license.
7 (3) An inactive licensee shall be required to renew his inactive license in the
8 same manner as provided in R.S. 37:2156(H) and by paying a renewal fee, which
9 shall not exceed the renewal fee paid by active licensees. However, an inactive
10 licensee shall not be required to submit insurance certificates pursuant to Subsection
11 E of this Section or fulfill any other additional requirements that an active licensee
12 would not be required to fulfill when renewing his license follow the same renewal
13 requirements as an active licensee as provided in this Chapter, including the
14 payment of fees, with the exception of the submission of current insurance
15 certificates.
16 (4)(3) An inactive licensee shall be required to fulfill all prescribed
17 continuing education requirements established for active licensees.
18 (5)(4) A licensee may request transfer from inactive status to active status at
19 any time, if all of the following conditions exist provided:
20 (a) The inactive license has been renewed as provided for in this Section.
21 (b) The inactive license is current at the time the request is received by the
22 board.
23 (c) The licensee submits the required insurance certificates as provided in
24 Subsection E of this Section.
25 G. Mold remediation license applicants shall be required to furnish all of the
26 following before a license is issued:
27 (1) Evidence to the board that he has satisfactorily completed at least twenty-
28 four hours of training in mold remediation and basic mold assessment.
29 (2) Insurance certificates evidencing workers' compensation coverage in
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1 compliance with Title 23 of the Louisiana Revised Statutes of 1950 and liability
2 insurance in a minimum amount of fifty thousand dollars.
3 H.(1)G.(1) Upon completion of the requirements for licensure and issuance
4 of a state license for the classification of work for which the contractor has applied;
5 mechanical, plumbing, or Mechanical, plumbing, and electrical contractors
6 licensed pursuant to the provisions of this Section are excluded from local,
7 municipal, or parish regulatory authority examination procedures and may bid and
8 perform work within any local jurisdiction upon paying all appropriate fees.
9 (2) The purpose of this Subsection is to preempt local, municipal, or parish
10 regulatory examination authority for statewide-licensed mechanical, plumbing, or
11 electrical contractors bidding and performing work in multiple jurisdictions. The
12 preemption shall further exclude the employees of statewide-licensed electrical and
13 mechanical contractors from local, municipal, or parish regulatory examination or
14 certification authority as a condition to performing work for the statewide-licensed
15 electrical or mechanical contractor.
16 I.(1)H.(1) Any plumbing contractor who currently holds a Master Plumber
17 License from the State Plumbing Board of Louisiana shall be exempt from any trade
18 examination requirement for passage of an additional examination in that license
19 classification and may bid and perform plumbing work statewide after receiving a
20 license from this board.
21 (2) Nothing in this Section shall be construed to permit plumbing contractors
22 to perform plumbing work without first complying with the licensure provisions of
23 Chapter 16 of this Title, R.S. 37:1361 et seq.
24 J. No license shall be issued for the subclassification of asbestos removal and
25 abatement under the major classification of hazardous materials as provided in R.S.
26 37:2156.2(VIII) until the applicant furnishes satisfactory evidence that he or his
27 qualifying party has received certification from the Department of Environmental
28 Quality to perform asbestos removal and abatement work.
29 K.(1) The examination requirement of this Chapter shall not apply to any
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1 arborist who currently holds a valid state license issued pursuant to R.S. 3:3804 in
2 the landscaping, grading, and beautification subclassification. The arborist may bid
3 and perform the arborist work described in R.S. 3:3808(A)(1)(a), statewide, after
4 applying to the board for an exemption on a form prepared by the board.
5 (2) Nothing in this Subsection shall be construed to permit arborists to
6 recommend or execute arborist work without first complying with the licensure
7 provisions of Chapter 24 of Title 3 of the Louisiana Revised Statutes of 1950, R.S.
8 3:3801 et seq.
9 L.I. The board may consolidate, add, or remove subclassifications or
10 specialties by rule as it deems appropriate.
11 §2156.2. Major categories; subclassifications; specialty classifications; requirements
12 for contractors holding major classification to perform mechanical,
13 electric, or plumbing work Requirements of a licensee; record
14 keeping; duty to report
15 Any contractor possessing a major classification is permitted to bid or
16 perform any of the specialty type work required to perform its scope of work for its
17 respective classification. Under each major category listed in this Section is a list of
18 subclassifications that a specialty contractor may obtain, as follows:
19 I. Building construction
20 Subclassifications:
21 1. Acoustical treatments
22 2. Fire sprinkler work
23 3. Foundations for buildings, equipment, or machinery
24 4. Incinerator construction
25 5. Installation of equipment, machinery, and engines
26 6. Installation of pneumatic tubes and conveyors
27 7. Insulation for cold storage and buildings
28 8. Insulation for pipes and boilers
29 9. Landscaping, grading, and beautification
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1 10. Lathing, plastering, and stuccoing
2 11. Masonry, brick, stone
3 12. Painting and flooring
4 13. Pile driving
5 14. Rigging, house moving, wrecking, and dismantling
6 15. Roof decks
7 16. Roofing and sheet metal, siding
8 17. Sheet metal duct work
9 18. Steam and hot water heating in buildings or plants
10 19. Steel erection and installation
11 20. Stone, granite, slate, resilient floor installations
12 21. Swimming pools
13 22. Tile, terrazzo, and marble
14 23. Water cooling towers and accessories
15 24. Drywall
16 25. Driveways, parking areas, asphalt, and concrete, exclusive of highway
17 and street work
18 26. Fencing
19 27. Labor only
20 II. Highway, street, and bridge construction
21 Subclassifications:
22 1. Driveways, parking areas, asphalt, and concrete
23 2. Highway and street subsurface drainage and sewer work
24 3. Permanent or paved highways and streets (asphalt hot and cold plant mix)
25 4. Permanent or paved highways and streets (asphalt surface treatment)
26 5. Permanent or paved highways and streets (concrete)
27 6. Permanent or paved highways and streets (soil cement)
28 7. Secondary roads
29 8. Undersealing or leveling of roads
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1 9. Earthwork, drainage, and levees
2 10. Clearing, grubbing, and snagging
3 11. Culverts and drainage structures
4 12. Bridges, over and underpasses
5 13. Landscaping, grading, and beautification
6 14. Fencing
7 15. Furnishing and installation of movable structures or machinery, excluding
8 electrical and mechanical work
9 16. Labor only
10 III. Heavy construction
11 Subclassifications:
12 1. Clearing, grubbing, and snagging
13 2. Dams, reservoirs, and flood control work other than levees
14 3. Dredging
15 4. Electrical transmission lines
16 5. Foundations and pile driving
17 6. Industrial piping
18 7. Industrial plants
19 8. Industrial ventilation
20 9. Oil field construction
21 10. Railroads
22 11. Transmission pipeline construction
23 12. Tunnels
24 13. Wharves, docks, harbor improvements, and terminals
25 14. Landscaping, grading, and beautification
26 15. Fencing
27 16. Labor only
28 IV. Municipal and public works construction
29 Subclassifications:
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1 1. Filter plants and water purification
2 2. Pipe work (gas lines)
3 3. Pipe work (sewer)
4 4. Pipe work (storm drains)
5 5. Pipe work (waterlines)
6 6. Power plants
7 7. Sewer plant or sewer disposal
8 8. Underground electrical conduit installation
9 9. Landscaping, grading, and beautification
10 10. Fencing
11 11. Labor only
12 V. Electrical
13 Subclassifications:
14 1. Electrical transmission lines
15 2. Underground electrical conduit installation
16 3. Electrical controls
17 VI. Mechanical
18 Subclassifications:
19 1. Heat, air conditioning, ventilation, duct work, and refrigeration
20 2. Industrial pipe work and insulation
21 3. Plumbing
22 4. Controls for mechanical work
23 VII. Plumbing
24 Subclassifications:
25 1. Potable and nonpotable water systems; construction, removal, repair, and
26 maintenance for buildings and premises.
27 2. Sanitary and nonsanitary waste and sewerage construction; removal, repair,
28 and maintenance for buildings and premises.
29 VIII. Hazardous materials
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1 Subclassifications:
2 1. Asbestos removal and abatement
3 2. Hazardous waste treatment or removal
4 3. Any other classification for which the Department of Environmental
5 Quality requires certification pursuant to law or regulation.
6 IX. Residential construction
7 A.(1) A licensee shall maintain and provide upon request by the board
8 all unredacted records, documents, and other such information as the board
9 may require to ensure the licensee is in compliance with the law. These records
10 shall be maintained for five years.
11 (2) A licensee shall provide records upon request by the board or any
12 employee of the board within five business days of receipt of the request.
13 B. A licensee shall have a continuing duty to provide written notification
14 to the board within thirty calendar days of:
15 (1) Any change to the information provided in the original application
16 and any amendments thereto.
17 (2) Any criminal, civil, or administrative actions instituted or pending in
18 any other jurisdiction against or involving the licensee or any principal of the
19 licensee.
20 §2156.3. Installation of solar energy equipment and systems
21 A. No licensed contractor shall install solar energy equipment or solar energy
22 systems on or after February 1, 2015, unless he is in compliance with the provisions
23 of this Section and any rules adopted by the board in accordance with the provisions
24 of this Section A Solar Energy Equipment license shall be required to install
25 solar energy equipment or solar energy systems for which the project value is
26 ten thousand dollars or more.
27 B. Contractors applying for the classification of An applicant for Solar
28 Energy Equipment, shall, in addition to all other application or licensing
29 requirements, hold one or more of the following major license classifications:
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1 (1) Building Construction.
2 (2) Electrical.
3 (3) Mechanical.
4 (4) Residential Construction.
5 C. Any work performed An Electrical license is required to connect wiring
6 or hookups for any photovoltaic panel or system wherein the panel or system is of
7 a value, including labor, materials, rentals, and all direct and indirect project
8 expenses, of for which the project value is ten thousand dollars or more shall be
9 performed only by a contractor or subcontractor who holds the classification to
10 perform Electrical Work.
11 D. Any work performed A Mechanical license is required to connect piping
12 or equipment for any solar thermal system wherein the system is of a value,
13 including labor, materials, rentals, and all direct and indirect project expenses, of for
14 which the project value is ten thousand dollars or more shall be performed only by
15 a contractor or subcontractor who holds the classification to perform Mechanical
16 Work or who may perform mechanical work.
17 E. The provisions of this Section shall be applicable apply to entities
18 engaging engaged in the business of selling, leasing, installing, servicing, or
19 monitoring solar energy equipment. Nothing in this Section shall be construed to
20 impose civil or criminal liability on homeowners or on any third party whose
21 involvement is providing financing to the homeowner, financing for installation, or
22 purchasing the tax credits described in this Section from any homeowner or
23 contractor. Entities engaged in the business of arranging agreements for the lease or
24 sale of solar energy systems or acquiring customers for financing entities shall not
25 be exempt from the provisions of this Section.
26 §2156.4. Residential roofing
27 A. On and after January 1, 2026, any person who undertakes, attempts,
28 offers, or submits a price, bid, quote or estimate to construct, supervise, direct,
29 oversee, or perform any construction, modification, repair, or maintenance of
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1 any portion of a roofing system on a residential structure for which the project
2 value is seven thousand five hundred dollars or more shall hold the
3 classification of Residential Roofing or Residential Construction.
4 B. A residential roofing contractor shall pass the residential
5 roofing trade exam and meet all other licensure requirements of a residential
6 contractor.
7 §2157. Exemptions
8 A. The provisions of this Part shall not apply to any of the following:
9 (1) The state or any of its political subdivisions.
10 (2) Any public utility providing gas, electric, or telephone service which is
11 subject to regulation by the Louisiana Public Service Commission or the council of
12 the city of New Orleans, or to any work performed by the public utility in furnishing
13 its authorized service.
14 (3)(2) Owners of property who supervise, superintend, oversee, direct, or in
15 any manner assume charge of the construction, alteration, repair, improvement,
16 movement, demolition, putting up, tearing down, or maintenance of any building,
17 railroad excavation, project, development, improvement, plant facility, or any other
18 construction undertaking, on that property, for use by the owner, and which will not
19 be for sale or rent, and the control of access to which shall be controlled by the
20 owner so that only employees and nonpublic invitees are allowed access.
21 (4)(3) Any person donating labor and services for the supervision and
22 construction of or for the maintenance and repair of churches a building dedicated
23 to worship owned by a legally established church. An affidavit of exemption
24 shall be provided to obtain the building permit on a form provided by the
25 board.
26 (5)(4) Any farmer doing construction for agricultural purposes on leased or
27 owned land.
28 (6)(5) Any person bidding or performing work on any project totally owned
29 by the federal government.
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1 (7)(6) Any person engaged in rail or pipeline construction activities
2 performed on property he owns or leases.
3 (8)(7) Any citizen person volunteering labor for the construction of a project
4 which is funded by the Louisiana Community Development Block Grant, Louisiana
5 Small Towns Environment Program.
6 (9)(8) Any person, supplier, or manufacturer who assembles, repairs,
7 maintains, moves, puts up, tears down, or disassembles any patented or proprietary
8 equipment supplied to a contractor to be used solely for a construction project.
9 (10)(9) The manufactured housing industry or any person engaged in any
10 type of service, warranty, repair, or home improvement work on factory-built,
11 residential dwellings that are mounted on chassis and wheels.
12 (11)(10) Any person bidding or performing work on any project paid for by
13 monies from the Oilfield Site Restoration Fund or Coronavirus Aid, Relief, and
14 Economic Security (CARES) Act.
15 (12)(11) Any work covering dewatering or water mitigation.
16 (13)(12) Any employee of any contractor licensee.
17 (14)(13) Owners of property who supervise, superintend, oversee, direct, or
18 in any manner assume charge of the construction, alteration, repair, improvement,
19 movement, demolition, putting up, tearing down, or maintenance of their personal
20 residences, if the homeowner does not build more than one residence per year. The
21 one-year period shall commence on the date of issuance of the certificate of
22 occupancy of the residence. However, an owner of property may build more than one
23 single-family dwelling in a one-year period if the construction of an additional
24 residence occurs as a result of a change in the legal marital status of the owner or
25 change in the employment status of the owner whereby the owner must relocate to
26 another employment location, which is located in excess of fifty miles from his
27 personal residence. An affidavit of exemption shall be provided to obtain the
28 building permit on a form provided by the board.
29 (15)(14) Persons performing the work of a residential contractor in areas or
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1 municipalities that do not have a permitting procedure.
2 (16)(15) The following persons are exempt from home improvement
3 licensure:
4 (a) A residential property owner who physically performs the home
5 improvement work on his personal residence.
6 (b) Persons licensed as a building construction contractor or residential
7 contractor.
8 (c) Any person who works exclusively in any of the following home
9 improvement areas:
10 (i) Landscaping.
11 (ii) Interior painting or wall covering.
12 (17)(16) The following persons are exempt from mold remediation licensure:
13 (a) A residential property owner who performs mold remediation on his own
14 property.
15 (b) An owner or tenant, or a managing agent or employee of an owner or
16 tenant, who performs mold remediation on property owned or leased by the owner
17 or tenant. This exemption does not apply if the managing agent or employee engages
18 in the business of performing mold remediation for the public.
19 (18)(17) Any person performing work as a subcontractor for a residential
20 construction license holder, except for electrical, mechanical, plumbing, mold
21 remediation, asbestos, or hazardous materials scopes of work.
22 (19)(18) Any person performing home improvement work for a building
23 construction license holder, except for electrical, mechanical, plumbing, mold
24 remediation, asbestos, or hazardous material scopes of work.
25 (19) Electrical, mechanical, and plumbing licensees who are acting
26 exclusively within the scope of their classification.
27 * * *
28 §2158. Revocation and suspension of licenses; issuance of cease and desist orders;
29 debarment; violations; penalty; criminal penalty
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1 A. No person may engage in the business of contracting, or act as a contractor
2 as defined in this Chapter, unless he holds an active license as a contractor in
3 accordance with the provisions of this Chapter. The board and residential
4 subcommittee may revoke, suspend, or refuse to renew a license; issue cease and
5 desist orders to stop work; issue fines and penalties; or debar any person or licensee
6 licensed pursuant to the provisions of this Chapter for any of the following
7 violations:
8 * * *
9 (2) Falsely representing or advertising regarding the Publishing,
10 transmitting, distributing, or otherwise publicly circulating a misleading or
11 false claim related to a person's license status or classification in any medium,
12 including but not limited to digital platforms.
13 * * *
14 (8)(a) Permitting the contractor's a license to be used by another contractor
15 when the other contractor does not hold a license for the classification of work for
16 which the contract is entered for any purpose by any person other than the person
17 to whom the license is issued.
18 (b) Misrepresentation or fraudulent use of a license for any purpose by
19 any person other than the person to whom the license is issued.
20 * * *
21 (10) Failure to continue to fulfill any of the requirements for original
22 licensure.
23 (11) Problems relating to the ability of the contractor, its qualifying party, or
24 any of its principal principals owners or principal shareholders to engage in the
25 business of contracting, as demonstrated by their contracting business history or
26 experience.
27 * * *
28 (13)(a) Failure to notify the board of any change in corporate name, company
29 name, address of the licensee, or any other contact information as required provide
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1 written notification to the board of any change to the information provided in
2 the original application and any amendments thereto within thirty calendar
3 days.
4 (b) Failure to provide written notification to the board of a criminal,
5 civil, or administrative action instituted or pending in another jurisdiction
6 against or involving the licensee or a principal of the licensee within thirty days.
7 * * *
8 (15) Failure of a contractor performing residential or home improvement
9 construction construction, home improvement, or mold remediation in
10 accordance with this Chapter to provide, in writing to the party with whom he has
11 contracted to perform contracting services, his name, contracting license number,
12 classification, and current insurance certificates evidencing the amount of liability
13 insurance maintained and proof of workers' compensation coverage when requested
14 by the contracting party for whom the work is to be performed.
15 (16) Abandoning or failing to perform, without justification, any contract or
16 project engaged in or undertaken by any licensee or deviating from or disregarding
17 plans or specifications in any material respect without the consent of the owner and
18 the design professional.
19 (17) Conviction of a crime or the entering of a plea of guilty or nolo
20 contendere to a criminal charge under the laws of the United States or any other state
21 related to the construction business involving dishonesty or causing physical harm
22 or damages to another person.
23 (18) Efforts to deceive or defraud the public.
24 (19)(18) Failure to obtain a permit to perform work or beginning work
25 prior to the issuance of a permit in the jurisdiction as required or
26 misrepresenting the value or scope of work.
27 (19) Failure to obtain inspections as required by law.
28 (20) Failure to have a written contract signed and dated by all parties.
29 (21) Failure to bid, contract, or perform work in the name as it appears
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1 on the current license or registration and the official records of the board.
2 (22) Failure to maintain and provide to the board requested records,
3 documents, and other information as required within five business days of
4 receipt of request.
5 (23) It is a violation for a mold remediation contractor to:
6 (a) Fail to provide a written report to each person for whom he performs such
7 services for compensation.
8 (b) Render, submit, subscribe, or verify false, deceptive, misleading or
9 unfounded opinions or reports.
10 (c) Perform both mold assessment and mold remediation on the same
11 property.
12 (d) Own an interest in both the entity which performs mold assessment
13 services and the entity which performs mold remediation services on the same
14 property.
15 * * *
16 C. In the event of a revocation of a license or a qualifying party status, the
17 person or qualifying party shall be ineligible to apply for a license or qualifying party
18 status for one year three years following the revocation.
19 * * *
20 §2159. Home improvement contracting; written Written contract required; claims
21 of unlicensed persons
22 A. Every agreement for any licensee to perform home improvement
23 contracting services that requires licensure or registration as defined by this
24 Chapter in an amount of seven thousand five hundred dollars or more, but less than
25 fifty thousand dollars, shall be in writing and shall include the following documents
26 and information:
27 (1) The complete agreement between the owner and the contractor and
28 parties, including a clear description of any other documents which are or shall be
29 incorporated into the agreement, including current insurance certificates evidencing
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1 the amount of liability insurance maintained and proof of workers' compensation
2 coverage by any person required to be as a home improvement contractor.
3 * * *
4 (6) Current insurance certificates evidencing the amount of liability
5 insurance maintained and proof of workers' compensation coverage by any
6 person required to have liability insurance as a requirement of licensure.
7 B. At the time of signing, the owner all parties shall be furnished with a copy
8 of the signed contract signed by both the home improvement contractor and the
9 owner. No work shall begin prior to the signing of the contract and transmittal to the
10 owner of a copy of the contract by all parties.
11 * * *
12 D. No home improvement contractor who fails to obtain a license as provided
13 for in this Chapter shall be entitled to file a statement of claim or a statement of lien
14 or privilege with respect to monetary sums allegedly owed under any contract,
15 whether express, implied, or otherwise, when any provision of this Chapter requires
16 that the home improvement contractor possess a home improvement license issued
17 by the residential subcommittee in order to have properly entered into such a
18 contract.
19 §2159.1. Home improvement contracting Contracting; prohibited acts; property
20 insurance
21 The following acts are prohibited by persons or companies performing home
22 improvement contracting services:
23 * * *
24 §2160. Local regulatory authority; permit offices; staff; building permits
25 * * *
26 B. Prior to the issuance of any building permit, the local building permit
27 official shall require that the applicant for such permit produce proof that the
28 applicant possesses an appropriate, applicable contractor's license issued by the
29 board, or that the applicant's proposed building activity is exempt from such
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1 licensure in accordance with this Chapter. A local building department shall not
2 issue a building permit to any person who does not hold an active license in the
3 appropriate classification for the scope of work for which the permit is issued.
4 Nothing in this Section shall prohibit a local building department from issuing
5 a permit for work that does not require a license under this Chapter.
6 C. The local building permit official shall require any applicant claiming an
7 exemption for residential construction activities to execute an affidavit attesting to
8 the claimed exemption. Such affidavit shall be executed on a form provided by the
9 board and submitted to the local building permit official prior to the issuance of a
10 permit. Such affidavit shall be executed on a form provided by the board.
11 * * *
12 §2161. Construction management
13 A. Any person who performs, attempts to perform, or submits a price, bid,
14 or offer to perform work in construction management whose scope of authority and
15 responsibility include includes supervision, oversight, direction, or in any manner
16 assumes charge for the construction services provided to an owner by a general
17 contractor or contractors, in which the value of the construction project is: shall
18 possess a license in the same classification or in the major classification for the
19 scope of work as provided in this Chapter.
20 (1) Fifty thousand dollars or more for a commercial construction project,
21 shall possess a license from the board in the major classification applicable to the
22 type of work being performed on the construction project.
23 (2) Fifty thousand dollars or more for a residential construction project, shall
24 possess a license from the board in the classification of residential construction.
25 (3) Seven thousand five hundred dollars or more for a home improvement
26 project, shall possess a license from the board in the classification of home
27 improvement contracting.
28 * * *
29 C. An employee of the owner who supervises the construction or ensures
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1 compliance with the plans and specifications on behalf of the owner but does not bid
2 or perform construction work for which a license is required does act as a
3 contractor shall not have to be licensed.
4 * * *
5 §2163. Engaging in business of contracting without authority prohibited; penalty
6 A.(1) * * *
7 (2) It shall be unlawful for any contractor, licensed or unlicensed, who
8 advertises in any form or in any news medium, to advertise that he is a licensed
9 contractor without specifying the type of license to which he is referring to publish,
10 transmit, distribute, or otherwise publicly circulate a misleading or false claim
11 related to a person's license or classification in any medium, including but not
12 limited to digital platforms.
13 * * *
14 C.(1) * * *
15 (3) Any fine assessed and collected in accordance with the provisions of this
16 Section shall be remitted to the contractor's educational trust fund provided for in
17 R.S. 37:2164(I) this Chapter.
18 * * *
19 §2164. Violations; civil penalty; jurisdiction
20 A. Any person who violates any provision of this Chapter shall, after notice
21 and a hearing, be liable to the board for a fine of up to ten percent of the total
22 contract or the value of the work bid or being performed for which there is a
23 violation. In addition to the fine, the board may impose administrative costs and
24 attorney fees for each offense. In determining whether to impose an the amount of
25 the administrative penalty, the board or residential subcommittee shall consider the
26 circumstances and seriousness of the violation, cooperation on the part of the
27 contractor, and the history of previous violations.
28 B. A monetary penalty assessed by the board or the residential
29 subcommittee is payable within sixty days or as provided by law. Failure to pay
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1 an outstanding penalty may be cause to deny issuance or renewal of a license or
2 registration and may be subject to collection efforts as provided by law.
3 C. In addition to or in lieu of the criminal penalties and administrative
4 sanctions provided in this Chapter, the board may issue an order to cease and desist
5 to any person or firm engaged in any activity, conduct, or practice constituting a
6 violation of any provision of this Chapter. The order shall be issued in the name of
7 the state of Louisiana under the official seal of the board.
8 C.D. If the person or firm to whom the board directs a cease and desist order
9 does not cease or desist the proscribed activity, conduct, or practice immediately, the
10 board may cause to issue in any court of competent jurisdiction and proper venue a
11 writ of injunction enjoining the person or firm from engaging in any activity,
12 conduct, or practice prohibited by this Chapter.
13 D.E. Upon proper showing by the board that a person or firm has engaged or
14 is engaged in any activity, conduct, or practice prohibited by this Chapter, the court
15 shall issue a temporary restraining order restraining the person or firm from engaging
16 in the unlawful activity, conduct, or practice pending the hearing on a preliminary
17 injunction. In due course, a permanent injunction shall be issued after a hearing,
18 commanding the cessation of the unlawful activity, conduct, or practice without the
19 board having to give bond. A temporary restraining order, preliminary injunction, or
20 permanent injunction issued pursuant to the provisions of this Section shall not be
21 subject to being released upon bond.
22 E.F. In the suit for an injunction, the board may demand of the defendant a
23 penalty as provided in Subsection A of this Section. A judgment for penalty, attorney
24 fees, and costs may be rendered in the same judgment in which the injunction is
25 made absolute. If the board brings an action against a person pursuant to the
26 provisions of this Section and fails to prove its case, then it shall be liable to the
27 person for the payment of his attorney fees and costs.
28 F.G. The trial of the proceeding by injunction shall be summary and by the
29 judge without a jury.
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1 G.H. Anyone violating this Chapter who fails to cease work, after proper
2 hearing and notification from the board, shall not be eligible to apply for a
3 contractor's license for a period not to exceed one year from the date of official
4 notification to cease work.
5 H. It shall be within the power of the board to withhold approval, for up to
6 one year, of any application from anyone who, prior to the application, has had his
7 license revoked by the board or residential subcommittee.
8 I. All fines or penalties collected by the board pursuant to the provisions of
9 this Section for violations of any provision of this Chapter shall, annually, at each
10 audit of the board, be transferred to a separate contractor's educational trust fund to
11 be used for educational purposes as determined by the trustees of the fund. The
12 Construction Education Trust Fund shall make an audited financial report to the
13 board annually.
14 J. Upon the expiration of the delays set forth in the Administrative Procedure
15 Act for an aggrieved party to appeal any fine or penalty assessed by the board, if an
16 appeal has not been so filed, the board may initiate civil proceedings against the
17 party seeking to obtain a judgment against that party in an amount equivalent to the
18 amount of the fine assessed, together with legal interest and all reasonable attorney
19 fees incurred by the board in bringing the action. The proceedings shall be conducted
20 on a summary basis, with the defendant being limited to the defense of lack of notice
21 as to the meeting of the board during which the fine was assessed. All proceedings
22 brought pursuant to the provisions of this Subsection shall lie in any court of
23 competent jurisdiction in this state.
24 K. In addition to all other authority granted to the board by the provisions of
25 this Chapter, the board shall have the authority to cause to be issued to any person
26 who is alleged to have violated any of the provisions of this Chapter a citation setting
27 forth the nature of the alleged violation, which provides to that person the option of
28 either pleading no contest to the charge and paying a fine to the board prescribed by
29 any provision of this Chapter or appearing at an administrative hearing conducted by
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1 the board regarding the alleged violation. The citations may be issued by any
2 authorized employee of the board and may be issued either in person, by certified
3 mail with a return receipt, or by email with a read receipt from the noticed person.
4 This Subsection shall not be applicable to any criminal enforcement action brought
5 pursuant to the provisions of this Chapter.
6 §2165. Bid procedures; penalty
7 A.(1) * * *
8 (6) Any person required to be licensed by the board that bids a project
9 requiring a bid bond, the posting of a bid bond for the project, or certificates
10 of insurance evidencing mandated coverage and fails to provide such valid
11 bonds or coverage when due shall be subject to all provisions for violations and
12 penalties thereof.
13 (7) Upon being awarded a bid, the person required to be licensed shall
14 maintain the required insurance coverage or bonding as required in the bid
15 proposal.
16 (8) Any person who violates the provisions of this Section may be subject
17 to disciplinary action by the board, including suspension or revocation of the
18 contractor's licenses and the imposition of fines and administrative costs.
19 B. Where bids are to be received or forms furnished by the awarding
20 authority, no proposal forms or specifications shall be issued to anyone except
21 a licensed contractor who holds an active license or his authorized
22 representation. In no event shall proposal forms be issued later than twenty-four
23 hours prior to the hour and date set for receiving proposals.
24 C. The architect, engineer, or awarding authority shall classify public
25 projects. Once the project is classified, any interested person may object by sending
26 a certified letter to both the board and the architect, engineer, or awarding authority
27 stating with particularity the reasons for the objection. The objection shall be
28 submitted to the board and the architect, engineer, or awarding authority in writing
29 by certified mail or electronic mail at least ten working days prior to the date on
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1 which bids are to be opened. Upon receipt of the protest for the project classification,
2 the Licensing Board Compliance Enforcement and Administrative staff will review
3 the scope of work and offer a recommendation for the proper classification to the
4 architect, engineer, or awarding authority within five working days after receipt of
5 the objection. Any objection to the classification not made in accordance with this
6 Section shall be considered waived.
7 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, and digest do not constitute part of the law or proof
or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
DIGEST
SB 122 Original 2025 Regular Session Abraham
Present law provides for definitions and terms.
Proposed law retains present law and provides for the definitions of "Controlled access",
"Employee", "License", "Principal", "Residential contractor", "Residential roofing",
"Residential roofing contractor".
Present law creates the State Licensing Board of Contractors (board), within the office of the
governor. Provides for the board membership, qualifications, tenure, vacancies and provides
that four members shall serve terms of two years, four members shall serve terms of four
years, and four members shall serve terms of six years.
Proposed law retains present law in part except removes staggered terms. Further allows the
governor to remove a member for cause or at the request of the chairman for failure to attend
meetings.
Present law allows the board to waive the trade portion of the examination if an applicant
holds a license in good standing or holds in a comparable classification in another state.
Proposed law retains present law except allows for the waiver if the applicant passed the
exam for comparable classification in another state, and is in good standing. Further provides
that if the board knows of a possible violation, the board may correct the violation or act
without formal complaints.
Present law provides for the membership, terms, powers, and duties of the Residential
Contractors Subcommittee. Provides that all members shall be appointed for three-year
terms and that no person shall be appointed for more than two consecutive terms.
Proposed law retains present law in part and except provides that all members shall be
appointed for six-year terms. Further provides that no member appointed after August 1,
2025, shall serve more than three consecutive terms and allows the governor to remove a
member for cause or at the request of the chairman for failure to attend meetings.
Present law provides for the application process to receive a license from the board and the
fees and renewal process associated with licensing.
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Proposed law retains present law and requires a license holder to bid, contract, conduct all
business transactions, and perform work in the name as it appears on the current license or
registration. Further provides that a license dependent on insurance requirements or
certifications shall not be eligible for multiple-year renewal.
Proposed law requires all licenses or classifications issued by the board that are based on the
applicants holding a specific certification or credential to expire upon the expiration date of
the credential or certification.
Present law provides for nine major classifications to be licensed by the board.
Proposed law retains present law and adds "mold remediation" and "home improvement" as
a major classification for licensure.
Present law provides for procedures for commercial, residential, and mold remediation
applicants to submit financial statements. Further provides that no financial statement is
required for a license renewal.
Proposed law retains present law in part except requires a financial statement for license
renewal.
Proposed law provides that residential and commercial licenses, their subclassifications, and
all specialty classifications except labor-only specialties shall have a net worth of $50,000
or more and home improvement, mold remediation, and labor-only specialties shall have a
net worth of $25,000 or more. Further provides that an applicant without the net worth may
satisfy the net worth requirement by submitting an irrevocable letter of credit in the amount
of the net worth requirement.
Proposed law provides that an applicant, its principals, and its designated qualifying party
shall each complete an application and background investigation. Provides that the applicant
shall provide all documentation requested by the board and provides that the background
investigation will be related to fiduciary or monetary matters and any criminal offense.
Present law provides that any person engaged in deceptive practices when taking or
attempting to take any board exam to be ineligible to serve as a qualifying person for
licensure for a period of one year.
Proposed law retains present law except makes the person ineligible to serve as a qualifying
person for licensure for a period of three years.
Present law provides for procedures and requirements for a licensee who would like to apply
to transfer their license to inactive status.
Proposed law retains present law and provides that an inactive licensee shall follow the same
renewal requirements as an active licensee, except the submission of current insurance
certificates.
Proposed law requires a licensee to maintain and provide, within five business days after
requested by the board, all unredacted records, documents, and other information that may
be required for licensure and to maintain those records for five years. Further requires a
continued duty of the licensee, within 30 days of the board's request for documents, to
provide any change in the original application and any criminal, civil, or administrative
actions pending against the licensee.
Present law provides that no licensed contractor shall install solar energy equipment or solar
energy systems on or after February 1, 2025, unless he is in compliance with present law.
Proposed law removes present law and requires a Solar Energy Equipment license to install
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solar energy equipment or solar energy systems valued at $10,000 or more.
Proposed law requires a Residential Roofing or Residential Construction licensee to perform
any work to any portion of a residential roofing system on and after January 1, 2026. Further
requires a residential roofing contractor to pass the residential roofing trade exam and meet
all other licensure requirements of a residential contractor.
Present law provides for exemptions.
Proposed law retains present law exceptions in part except removes the state or any of its
political subdivisions from any exemptions under present law.
Proposed law requires an affidavit of exemption from an owner of property that is seeking
to build more than one single-family dwelling in a one-year period.
Proposed law adds an exception for electrical, mechanical, and plumbing licensees who are
acting exclusively within the scope of their classification.
Present law allows the board to revoke and suspend a license, issue a cease and desist order,
issue fines and penalties to any person violating present law.
Proposed law retains present law and provides that any publishing, transmitting, distributing,
or otherwise publicly circulating a misleading or false claim related to a person's license
status in any medium including digital form is a violation of present law. Further provides
that the fraudulent use of a license for any purpose by any person other than the person to
whom the license is issued is a violation of present law.
Proposed law provides that failure to obtain a permit to perform work before the issuance
of a permit, misrepresenting the value or scope of work, failure to obtain inspections, failure
to have a written contract, failure to bid, contract, or perform work in the name as it appears
on the current license, and failure to maintain and provide to the board requested records,
documents, and other such information within five days of request is a violation of present
law.
Proposed law provides that every agreement to perform contracting services that requires
licensure or registration shall include current insurance certificates evidencing the amount
of liability insurance maintained and proof of workers' compensation coverage by any person
required to have insurance.
Present law provides that any person in violation of present law, after notice and a hearing,
shall be liable to the board for a fine of up to 10% of the total contract or the value of work
bid.
Proposed law retains present law and provide that a monetary penalty assessed by the board
or the residential subcommittee is payable within 60 days and failure to pay an outstanding
penalty may be cause to deny issuance or renewal of a license or registration and may be
subject to collection efforts.
Present law provides for bid procedures and penalties.
Proposed law retains present law and provides that any person required to be licensed by the
board that bids a project that requires a bid bond or certificate of insurance evidencing
mandated coverage and fails to provide valid bonds or coverage is in violation of present
law.
Proposed law requires a licensee to maintain insurance coverage or bonding after being
awarded a bid. Further provides that any violation of present law may result in disciplinary
action by the board.
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Proposed law provides that no proposal forms or specifications shall be issued to anyone
except a licensed contractor who holds an active license or his authorized representative.
Effective August 1, 2025.
(Amends R.S. 37:2150.1, 2151(A)(2), (B)(5), (6), (7), and (8), and (D), 2153(F)(1) and (5)
and (G), 2155(B) and (G)(2) and (4), 2156(A)(1), (B)(1), (E)-(M), 2156.1, 2156.2, 2156.3,
2157(A), 2158(A)(intro para), 2158(A)(2), (8), (10), (11), (13), (15)-(19), and (C),
2159(A)(intro para), 2159(A)(1), (B), and (D), 2159.1(intro para), 2160(B) and (C), 2161(A)
and (C), 2163(A)(2) and (C)(3), 2164, and 2165(B) and (C); adds R.S. 37:2151(B)(9),
2153(H), 2155(G)(5), 2156(N), 2156.4, 2158(A)(20)-(23), 2159(A)(6), and 2165(A)(6)-(8))
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