HLS 20RS-537 ORIGINAL 2020 Regular Session HOUSE BILL NO. 163 BY REPRESENTATIVE CARPENTER EMPLOYMENT: Requires certain employers to designate no less than two percent of the man-hours in any apprenticeabale occupation to registered apprentices for certain construction projects 1 AN ACT 2To enact R.S. 23:388.1 and R.S. 51:934, relative to apprenticeship; to provide for 3 apprenticeship agreements for certain economic development participants; to require 4 certain employers that receive economic development incentives for new 5 construction or existing construction projects to employ certain apprentices; to 6 provide for agreements; to provide for waivers; and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 23:388.1 is hereby enacted to read as follows: 9 §388.1. Apprenticeship requirements of economic development programs 10 A. In order to promote employment opportunities for young people and to 11 train a skilled workforce in Louisiana, each employer that participates in an 12 economic development program, as defined in R.S. 51:935.1, and receives fiscal 13 benefits for the construction of a new facility or the expansion of an existing facility 14 shall designate no less than two percent of the man-hours in any apprenticeable 15 occupation to apprentices who are registered pursuant to this Chapter. 16 B. The director of apprenticeship shall approve all apprenticeship 17 agreements that are in furtherance of this Section and that meet the standards 18 established in this Chapter. Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-537 ORIGINAL HB NO. 163 1 C.(1) If the executive director of the Louisiana Workforce Commission 2 determines, in good faith, that an insufficient number of registered apprentices is 3 available for employment with a particular economic development program 4 participant on a particular construction project, the executive director shall certify 5 the number of registered apprentices who are available and shall issue a waiver for 6 the remaining number of jobs which would otherwise be reserved for registered 7 apprentices in order for the employer to meet the two percent man-hour requirement 8 provided for in R.S. 51:934. 9 (2) The executive director shall provide any waiver executed, pursuant to 10 Paragraph (1) of this Subsection, to the secretary of the Department of Economic 11 Development in compliance with R.S. 51:934. 12 Section 2. R.S. 51:934 is hereby enacted to read as follows: 13 §934. Registered apprenticeship program requirements 14 A. The Department of Economic Development shall require each employer, 15 as defined in R.S. 51:935.1, that participates in any economic development program 16 that receives fiscal benefits for the construction of a new facility or the expansion of 17 an existing facility to meet all of the following requirements: 18 (1) Except as provided for in Subsection B of this Section, the employer 19 shall designate no less than two percent of man-hours in any apprenticeable 20 occupation to be held by registered apprentices. 21 (2) The employer shall cooperate with the director of apprenticeship and 22 meet the standards and requirements of the apprenticeship program as provided for 23 in Chapter 4 of Title 23 of the Louisiana Revised Statutes of 1950. 24 B. If there is an insufficient number of registered apprentices available for 25 employment with a particular construction project, the requirements of Paragraph (1) 26 of this Subsection are to be waived only to the extent that such insufficiency is 27 certified by the executive director of the Louisiana Workforce Commission, as 28 provided for in R.S. 23:388.1. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-537 ORIGINAL HB NO. 163 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 163 Original 2020 Regular Session Carpenter Abstract: Provides that employers who receive economic development incentives from the state cannot designate less than two percent of the man-hours in any apprenticeable occupation to registered apprentices for new construction projects or for the expansion of existing construction projects. Present law provides that the La. director of apprenticeship 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, U.S. Dept. of Labor, or lower than approved national standards. Present law requires that the La. Dept. of Economic Development certify state monetary incentives given to businesses that participate in various economic development programs. Present law defines "economic development program" as any state program that directly or indirectly confers fiscal benefits on employers located in the state for the purpose of retraining and creating jobs and growing the state's economy. Such programs may include grants, loan guarantees, tax exemptions, exclusions, credits, or rebates. Proposed law retains present law and further requires any employer who participates in an economic development program and receives fiscal benefits from the state of La. for the construction of a new facility or the expansion of an existing facility to designate no less than 2% of the man-hours in any apprenticeable occupation to registered apprentices. Present law provides that the director of apprenticeship will approve all apprenticeship agreements that meet the standards established in present law. Proposed law retains present law and further requires that the director of apprenticeship also approve the apprenticeship agreement under proposed law. Proposed law provides that if the executive director of the La. Workforce Commission determines, in good faith, that an insufficient number of registered apprentices is available for a particular construction project, the executive director will certify the number of registered apprentices who are available and will issue a waiver for the remaining number of jobs, which would otherwise be reserved for registered apprentices in order for the employer to meet the 2% man-hour requirement provided for in proposed law. Proposed law requires the employer to cooperate with the director of apprenticeship and meet the standards and requirements of the apprenticeship program as provided for in proposed law. (Adds R.S. 23:388.1 and R.S. 51:934) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.