SLS 18RS-291 ENGROSSED
2018 Regular Session
SENATE BILL NO. 234
BY SENATOR COLOMB
EMPLOYMENT. Requires a contractor for a state construction project to designate no less
than two percent of man-hours in any apprenticeable occupation to registered apprentices.
(8/1/18)
1 AN ACT
2 To enact R.S. 23:388.1 and R.S. 39:103(A)(1)(g) and 121(8), relative to apprenticeship; to
3 require contractors for state construction projects to employ certain apprentices; to
4 provide for agreements; to provide for contracts; to provide for waivers; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 23:388.1 is hereby enacted to read as follows:
8 §388.1. Apprenticeship requirements of state construction projects
9 A. In order to promote employment opportunities for young people and
10 to train a skilled work force in Louisiana, beginning August 1, 2018, any
11 employer who is awarded a contract by the state of Louisiana to construct a
12 capital project shall designate no less than two percent of the man-hours in any
13 apprenticeable occupation, as defined by the United States Department of
14 Labor and as provided for in R.S. 39:121, to apprentices who are registered
15 pursuant to this Chapter.
16 B. The director of apprenticeship shall approve all apprenticeship
17 agreements which are in furtherance of this Section and which meet the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 234
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1 standards established in this Chapter.
2 C.(1) If the executive director of the workforce commission determines,
3 in good faith, that an insufficient number of registered apprentices are available
4 for a particular state construction project, the executive director shall certify
5 the number of registered apprentices who are available for the particular state
6 construction project and shall issue a waiver for the remaining number of jobs
7 which would otherwise be reserved for registered apprentices in order for the
8 contractor to meet the two percent man-hour requirement provided for in R.S.
9 39:121.
10 (2) The executive director shall provide the waiver to the office of
11 facility planning in compliance with R.S. 39:121.
12 Section 2. R.S. 39:103(A)(1)(g) and 121(8) are hereby enacted to read as follows:
13 §103. Standards for capital projects and evaluations
14 A.(1) The office of facility planning and control of the division of
15 administration shall establish standards for capital projects which shall include but
16 not be limited to criteria of requirements for:
17 * * *
18 (g) Standards for compliance with requirements to hiring apprentices
19 as required in R.S. 39:121.
20 * * *
21 §121. Division of administration powers, duties, and functions
22 The division of administration in accordance with the provisions of R.S.
23 39:1410 in order to exercise supervision over the expenditure of funds and the
24 construction projects, shall specifically:
25 * * *
26 (8)(a) Beginning August 1, 2018, require each contractor for a state
27 construction job to meet all of the following requirements:
28 (i) Except as provided for in Subparagraph (b) of this Paragraph, the
29 contractor shall designate no less than two percent of man-hours in any
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 234
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1 apprenticeable occupation, as defined by the United States Department of
2 Labor, to be held by registered apprentices.
3 (ii) The contractor shall cooperate with the director of apprenticeship
4 and meet the standards and requirement of the apprenticeship program as
5 provided for in Chapter 4 of Title 23 of the Louisiana Revised Statutes of 1950.
6 (b) If there are an insufficient number of registered apprentices
7 available for a particular state construction project, the requirements of
8 R.S. 23:388.1(C)(1) are to be waived only to the extent that such insufficiency
9 is certified by the executive director of the Louisiana Workforce Commission.
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
SB 234 Engrossed 2018 Regular Session Colomb
Present law provides that the director will, in cooperation with the apprenticeship council,
set up conditions and training standards for apprentice agreements, which will in no case be
lower than those prescribed by the Office of Apprenticeship, United States Department of
Labor, or lower than approved national standards.
Proposed law retains present law but requires that any employer who is awarded a contract
by the state of La. to construct a capital project will designate no less than 2% of the
man-hours in any apprenticeable occupation, as defined by the U.S. Dept. of Labor, to
registered apprentices.
Present law provides that the director of apprenticeship will approve all apprenticeship
agreements which meet the standards established in present law.
Proposed law retains present law but requires that the director of apprenticeship also approve
the apprenticeship agreements under proposed law.
Proposed law provides that, if the executive director of the workforce commission
determines, in good faith, that an insufficient number of registered apprentices is available
for a particular state construction project, the executive director will certify the number of
registered apprentices who are available for the particular state construction project and will
issue a waiver for the remaining number of jobs which would otherwise be reserved for
registered apprentices in order for the contractor to meet the 2% man-hour requirement
provided for in proposed law.
Present law provides that the office of facility planning and control of the division of
administration will establish standards and criteria for capital projects.
Proposed law retains present law but requires that the office of facility planning set standards
for compliance with requirements to hiring apprentices as required by proposed law.
Proposed law provides that, beginning Aug. 1, 2018, the division of administration will
require each contractor for a state construction job to meet the following requirements:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 234
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(1)Except when the contractor receives a waiver from the executive director of the La.
Workforce Commission as provided for in proposed law, the contractor will
designate no less than 2% of man-hours in any apprenticeable occupation to be held
by registered apprentices.
(2)The contractor will cooperate with director of apprenticeship and meet the standards
and requirement of the apprenticeship program as provided for in proposed law.
Effective August 1, 2018.
(Adds R.S. 23:388.1, R.S. 39:103(A)(1)(g) and 121(8))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the original bill
1. Technical amendments.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.