DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, 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)]
HB 69 Engrossed 2020 Second Extraordinary Session McFarland
Abstract: Creates the La. Agricultural Workforce Development Program within the La. Dept. of
Agriculture and Forestry (LDAF).
Proposed law provides the authority to establish, administer, and supervise programs to promote
agricultural workforce development within the state to the La. Agricultural Finance Authority
(LAFA).
Proposed law creates the La. Agricultural Workforce Development Program within LDAF,
administered and supervised by LAFA, to incentivize the creation and employment of internships
by agricultural businesses in the state.
Proposed law provides for the purpose of the program.
Proposed law provides for definitions of terms to be applied to the program and this section of law:
(1)"Agricultural business" means an agricultural producer, or a person or legal entity who
engages in agriculture or provides support activities, products, or services to an agricultural
producer and such products or services that are directly related to the planting, growing,
production, harvesting, or processing of La. agricultural products.
(2)"Director" means the director of LAFA.
(3)"Immediate family member" means the spouse, parent, sibling, or child of the owner,
manager, chief executive officer or president of an agricultural business; a person to whom
the owner, manager, chief executive officer, or president stands as legal guardian; or any
other person living in the household of the owner, manager, chief executive officer, or
president of an agricultural business by blood or marriage.
(4)"Intern" means an individual who is a student enrolled at a La. secondary or post-secondary
institution, or a young and beginning farmer or rancher employed by an agricultural business
pursuant to the program.
Proposed law requires LAFA, in consultation with the Commissioner of Agriculture and Forestry,
to promulgate rules and regulations under the APA using the following criteria:
(1)Criteria for selecting agricultural businesses for participation in the program, including the ability of a business to effectively supervise an intern and offer the intern an opportunity to
obtain meaningful work experience through the business.
(2)Criteria for an internship to qualify under the program, including requirements that the
internship provide an intern with at least 130 hours of work experience, not exceed one year
in duration per intern, and pay an intern an hourly wage rate that is no less than the minimum
wage rate pursuant to the Fair Labor Standard Act of 1938.
(3)Criteria for an agricultural business to use in selecting qualified interns provided that an
immediate family member shall not be eligible to qualify as an intern.
(4)The process and timetable for selecting qualified agricultural businesses and qualified
interns.
(5)Accounting requirements for tracking internship costs.
(6)The process for an agricultural business to seek reimbursement.
Proposed law authorizes LAFA to reimburse, subject to legislative appropriations, participating
businesses in an amount not to exceed 50% of the actual cost to the business. Proposed law defines
"actual cost" as the wages paid to an intern, reasonable allocation of fixed overhead expenses, and
all incidental costs directly related to the internship. Proposed law requires the director of LAFA,
in consultation with the commissioner and subject to the total amount appropriated for the program
by the legislature, to determine the total number of internships that may be approved, the amount of
reimbursement per internship, and whether a business may be reimbursed for more than one
internship in a fiscal year. Proposed law caps the total number of internships a single business can
be reimbursed at three per year.
Proposed law requires the department to submit an annual report by Aug. 31st of each year to the
appropriate legislative oversight committees detailing the effectiveness of the program. The report
must include information deemed relevant by the director of LAFA in addition to the following
specific items for each fiscal year:
(1)The total number of approved agricultural businesses to participate in the program.
(2)The total number of agriculture businesses participating in the program.
(3)The total number of interns and hours worked.
(4)The total amount of incentives granted under the program.
(5)The total amount of income earned by interns under the program.
(6)The total number of internships that led to permanent employment with a Louisiana
agricultural business. Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 3:266(24) and 285)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill:
1. Change the proposed law reporting requirement on total number of internships that led
to permanent employment with the participating agricultural business to a La. agricultural
business.