LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 816 HLS 24RS 2024
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 30, 2024 2:10 PM Author: CARTER, WILFORD
Dept./Agy.: Corrections
Subject: Residential Contractor Fraud Analyst: Daniel Druilhet
CRIME EN SEE FISC NOTE GF EX Page 1 of 1
Provides relative to residential contractor fraud
Current law provides for the crime of residential contractor fraud and penalties for its violation. Proposed law retains current
law and provides that if the victim of residential contractor fraud is 65 years of age or older, and the misappropriation or
intentional taking that occurs as a result of residential contractor fraud amounts to a value of $1,000 or more, the offender,
in addition to any other penalties under current law, shall be imprisoned for no more than five years, with or without hard
labor, to be served concurrently with the sentence imposed; provides that nothing in current law precludes a victim from
pursuing civil remedies under current law or any other provision of law.
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety and
Corrections – Corrections Services (DPS&C – CS) if a person is convicted of residential contractor fraud to a victim 65 years
of age or older, and the misappropriation or intentional taking that occurs as a result of residential contractor fraud amounts
to a value of $1,000 or more. Proposed law has the effect of adding a penalty of imprisonment for those convicted of
residential contractor fraud under circumstances relating to the age of the victim, notwithstanding any existing penalties of
imprisonment provided in current law. Proposed law is a relative felony, and any impact on either local or state
expenditures is contingent on whether offenders sustain either misdemeanor or felony-grade convictions for its violation.
For those convicted, sentenced, and then subsequently housed in a state facility, DPS&C-CS will sustain expenditures of
$107.60 per offender per day, or $26.39 per offender per day for those housed in local facilities. DPS&C-CS advises that
impacts on offender populations are anticipated to impact the number of offenders held in local facilities, and that in
managing its offender population, it seeks to fill all beds in state facilities first, then assigns overflow offenders to local
facilities.
To the extent that offenders sustain misdemeanor convictions for residential contractor fraud when the victim is 65 years of
age or older, local governing authorities may incur an increase in Local Funds expenditures. The exact fiscal impact of the
passage of this legislation to local governing authorities is indeterminable, since it is not known how many people will be
convicted and incarcerated in local facilities, nor the length of the sentences assessed with those convictions as a result of its
potential enactment. The maximum imprisonment term is no more than 5 years at the local level.
For informational purposes, DPS&C-CS reports an annual average of 20 admissions for those convicted of residential
contractor fraud, with an average sentence imposed of 5.8 years.
REVENUE EXPLANATION
Proposed law may result in an indeterminable increase in local revenues as a result of convictions of residential contractor
fraud. The exact fiscal impact of the passage of this legislation on local revenue is indeterminable, as the fines that would
be imposed on those convicted are optional, and the amount of fines, if imposed, may vary. The potential revenue will
accrue to the local governing authority.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer


Statutes affected:
HB816 Original: 14:1(D)
HB816 Engrossed: 14:1(D)
HB816 Reengrossed: 14:1(D)
HB816 Enrolled: 14:1(D)
HB816 Act 728: 14:1(D)