LEGISLATIVE
REPORT 2022
Table of
Contents
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2022 Legislative Summary
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Business Legislation
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Public Bid & Construction Legislation
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Wages & Labor Legislation
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Workers’ Compensation Legislation
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Licensing Legislation
Summary of the
2022 Louisiana Legislative Session The 2022 Louisiana Legislative Session began on March 15th and ended at 6pm on June 6th. ABC of Louisiana held our annual bill review on April 8th where we discussed numerous bills and their potential impact on the industry. Of the 2,183 bills and resolutions filed this year, ABC of Louisiana took positions on 42 pieces of legislation and closely monitored an additional 37 legislative instruments. Not a single bill that we actively opposed made it through its original chamber, and we successfully amended a handful of bills to protect industry interests. While we were not able to pass every piece of ABCLA supported legislation, we did succeed in pushing several bills through the legislative process. We will continue to work with our coalition partners and other stakeholders regarding the bills that failed to pass so that we succeed in pushing similar legislation in future sessions. During Session we sponsored a handful of events that provided opportunities to develop relationships with legislators and legislative staff, strengthen coalitions, and assist in electing candidates who are aligned with ABC of Louisiana’s interests. ABC of Louisiana sponsored the Republican Delegation Beginning of Session Reception, the 2022 Legislative Leadership Golf Tournament, the Speaker’s Cookout, the President’s Cookout, and a Senate Republicans Weekly Breakfast Meeting. Pelican and Merit PAC sponsored the 37th Annual Elephant Stomp and the Louisiana Conservative Caucus Fundraiser. We also attended numerous speaking engagements, bill reviews, and other gatherings sponsored by our coalition and other groups. Each event significantly contributed to our successes this year and ensures that elected officials and candidates for office have ABC of Louisiana’s interests at the forefront of their minds when considering legislation. A month prior to beginning the Regular Session the legislature conducted a contentious Special Session to draw new districts for state and federal elections. The Governor vetoed the proposed U.S. House districts due to the lack of a second majority-minority district. In response, the legislature adjourned during the third week of the Regular Session, entered a
Veto Override Session, and successfully overrode a gubernatorial veto for the third time since enacting Louisiana’s 1974 constitution. There are pending legal challenges over whether the new map violates the Voting Rights Act, so it’s unclear whether the legislature’s chosen map will prevail. There was a handful of controversial social bills filed this year that caused heartburn for a lot of people. Delegation leaders called multiple back-room meetings to request that legislators drop certain bills. When the pleas didn’t work, legislators had to strategize behind the scenes to appease constituents while also ensuring that voting a certain way wouldn’t derail their legislative agenda. Hearings and floor votes on these bills proved both interesting and chaotic. Protestors frequently flocked to the capitol, and immediately prior to a floor vote on one of these bills a suspicious bag left in the rotunda required an evacuation. While these matters distracted many, ABC of Louisiana remained focused on fighting to defend and promote the merit shop construction industry. The success that we had this Session is a testament to the significant impact that member support, PAC involvement, prior legislative outreach and education, and strong coalitions have on both stopping and advancing legislation. With the groundwork that ABC of Louisiana had in place prior to Session and the relationships and coalitions developed during this Session, I am confident that ABC of Louisiana will continue to succeed in promoting and defending the merit shop construction industry. This report highlights several legislative instruments that ABC of Louisiana either took a position on or closely monitored during the 2022 Regular Session. Thank you for your support of the merit shop construction industry in Louisiana. For the merit shop, Carson DeLarue, Director of Governmental Relations, ABC of Louisiana
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Business Legislation Senate Bill 151
House Bill 622
By Senator Rogers Pope (R-Denham Springs) would have enshrined Governor Edwards’ limitations on the Industrial Tax Exemption Program (“ITEP”) into the state constitution. This included capping the property tax exclusion at 80% and requiring the approval of the parish governing body, school board, sheriff, and municipal government prior to granting the tax exemption. The bill was supported by numerous local entities and organized labor, but together with our coalition partners we were able to kill the bill by a 14-21 vote on the Senate Floor. ABCLA opposed SB151.
By Representative Beau Beaullieu (R-New Iberia), provides the Louisiana Workforce Commission with additional responsibilities to reduce unemployment insurance fraud. HB622 ws signed by Governor Edwards and became Act No. 571. ABCLA supported HB622.
Senate Bill 41 By Senator Mike Reese (R-Leesville), extends deadline to apply for rebates in the Louisiana Quality Jobs Program from June 30, 2022, to June 30, 2026. SB41 was signed by Governor Edwards and became Act No. 254. ABCLA supported SB41.
House Bill 1067 By Representative Neil Riser (R-Colombia), extends the application deadline for the Fresh Start Proper Worker Classification Initiative to December 31, 2023. HB1067 was signed by the Governor and became Act No. 406. ABCLA supported HB1067.
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Senate Bill 12 By Senator Mike Reese (R-Leesville), extends the Competitive Projects Payroll Incentive Program from July 1, 2022, to July 1, 2026. SB12 was signed by Governor Edwards and became Act No. 249. ABCLA supported SB12.
Public Bid & Construction Legislation House Bill 97
House Bill 487
By Representative Tanner Magee (R-Houma), initially removed the sunset provision applicable to certain levee restoration or rehabilitation work not publicly bid. ABCLA succeeded in amending the bill to extend rather than eliminate the sunset provision. HB97 is awaiting gubernatorial action. ABCLA closely monitored HB97.
By Representative Neil Riser (R-Colombia), requires that contractors for state projects designate at least 2% of all work-hours to registered apprentices. We provided opposition testimony in the House Committee on Labor and Industrial Relations and had the bill deferred. ABCLA opposed HB487.
House Bill 289 and 584
House Bill 539
Both by Representative Larry Bagley (R-Stonewall), prohibited employers from providing certain safety equipment used in commercial construction and maintenance and would make those in violation strictly liable for any resulting damage or injuries. HB 289 was killed on final passage in the house by a vote of 14 to 80, and HB584 was deferred in committee. ABCLA opposed both HB289 and HB584.
By Representative Michael Firment (R-Pollock), clarifies certain prohibited trade practices involving home improvement registrants and insurers. ABCLA succeeded in amending the bill to limit the restricted practices and remove overly punitive enforcement mechanisms. HB539 is awaiting Gubernatorial action. ABCLA closely monitored HB539.
House Bill 320
By Representative Paula Davis (R-Baton Rouge), revises and reorganizes provisions of Title 37 of the Louisiana Revised Statutes relative to the Louisiana State Licensing Board for Contractors. HB602 was signed by the Governor and became Act 195 of the 2022 Regular Session. ABCLA monitored HB602.
By Representative Aimee Freeman (D-New Orleans), would have allowed the City of New Orleans to fine contractors up to $2,000 per day for violating any construction related ordinance, permit, or certificate. The bill was involuntarily deferred in committee. ABCLA opposed HB320.
House Bill 602
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Public Bid & Construction Legislation House Bill 710
House Bill 803
By Representative John Stefanski (R-Crowley), redefines some CMAR requirements and procedures. Specifically, it: (1) Requires the selection review committee members to sign an ethics statement prior to commencement of any committee meeting; (2) Requires the selection committee be informed prior to conducting the request for qualifications (RFQ), the project, the scoring and ranking procedure, the conduct of the committee’s responsibility and any particulars of the project by the owner, or the owner’s representative, or an assigned RFQ coordinator; (3) Mandates that the RFQ include the estimate of the probable construction costs for the project; (4) Specifies that Selection Review Committee meetings where individual proposers will be interviewed will not be subject to the Open Meetings Law; and (5) Specifies that if the owner deems the highest scored or ranked proper to be non-responsive or non-responsible, then the public entity may award the project to the next highest scored or ranked proposer. HB710 was signed by the Governor, becoming Act No. 573. ABCLA monitored HB710.
By Representative Foy Gadberry (R-West Monroe), provides that the Department of Natural Resources, in collaboration with the Louisiana State Uniform Construction Code Council, will maintain responsibility for training and technical assistance in implementing the energy code provisions of the Louisiana State Uniform Construction Code. It also creates the Energy Code Commission, which consists of various stakeholders, including a designee of the Associated Builders & Contractors of Louisiana. HB803 is awaiting gubernatorial action. ABCLA supports HB803.
House Bill 1000 By Representative Paul Hollis (R-Covington), provided the Public Service Commission with the authority to regulate excavators and the notice procedures related to excavation. Representative Hollis deferred the bill. ABCLA opposed HB1000.
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Senate Bill 248 By Senator Jay Luneau (D-Alexandria), required that certain contractors for designate at least 2% of all man-hours to registered apprentices. After hearing committee testimony, Senator Luneau voluntarily deferred SB248. ABCLA opposed SB248.
Senate Bill 271 By Senator Glen Womack (R-Harrisonburg), prohibits public entities from considering information not included in the Louisiana Uniform Bid Form when reviewing bids for public works. SB271 is awaiting Gubernatorial action. ABCLA supported SB271.
Senate Bill 423 By Senator Franklin Foil (R-Baton Rouge), provides that a product supplier for public works may seek approval for products other than that specified in the contract within seven days of bid opening. If the prime design professional fails to respond to the request within three days of submission, the submitted product shall be considered approved. SB423 was signed by the Governor and became Act No. 423. ABCLA monitored SB423.
Senate Bill 429 By Senator Glen Womack (R-Harrisonburg), provides that a public entity shall publish and furnish to the contractor on a public works project with an itemized list of the remaining matters to be finished, errors to be remedied, or any inconsequential matters, within 10 days of substantial completion of the public works. The public entity may amend the punch list within 14 days after initial publication. SB429 is awaiting gubernatorial action. ABCLA supported SB429.
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Wages & Labor Legislation House Bill 219
House Bill 269
By Representative Kyle Green (D-Marrero), required current equal pay requirements for public employees to extend to private employers. Private employers are already prohibited from discriminating based on sex, so this bill would have burdened private employers with additional requirements, complaint procedures, and methods of adjudication. HB219 died in committee. ABCLA opposed HB219.
By Senator Regina Barrow (D-Baton Rouge), provided a constitutional amendment to institute a state minimum wage of $10.25 per hour, and index annual wage increases according to the Consumer Price Index. SB269 was involuntarily deferred in the Senate Committee on Labor and Industrial Relations. ABCLA opposed SB269.
House Bill 229 By Representative Green, provided for a constitutional amendment establishing a minimum wage of $11.65 per hour. After extensive testimony and debate, HB229 failed to report out of the House Labor and Industrial Relations Committee. ABCLA opposed HB229.
House Bill 311 By Representative C. Denise Marcelle (D-Baton Rouge), established a $10 hourly minimum wage to go into effect on January 1, 2023, and then increase to $12 per hour on January 1, 2024. After extensive testimony and debate, HB311 failed to report from the House Labor and Industrial Relations Committee. ABCLA opposed HB311.
House Bill 880 By Representative Wilford Carter (D-Lake Charles), would have established a state minimum wage with annual wage increases. HB880 failed to report out of the House Labor and Industrial Relations Committee. ABCLA opposed HB880. 8
Workers’ Compensation Legislation The 2022 Regular Session included several Workers’ Compensation bills. We worked with the House Labor and Industrial Relations Committee to kill every Workers’ Compensation bill intended to handicap employers, and to pass the bills that sought to level the playing field. Representative Larry Frieman (R-Abita Springs) filed six bills to alleviate burdens placed on employers via Workers’ Compensation. Two of these bills, House Bill 93 and House Bill 239, made it through the legislative process.
House Bill 93 Provides that if parties to a Workers’ Compensation case agree to a continuance of a mediation, hearing, or trial by filing a joint or uncontested motion to continue then the judge shall grant the continuance. HB93 was signed by the Governor and became Act No. 435. ABCLA supported HB93.
House Bill 239 Provides that upon a joint or uncontested motion, the Workers’ Compensation judge shall grant a stay. HB239 was signed by the Governor and became Act No. 451. ABCLA supported HB239.
House Bill 480 By Representative Randal Gaines (D-LaPlace), provided for a rebuttable presumption of compensability in Workers’ Compensation cases. HB480 was killed in the House Committee on Labor and Industrial Relations. ABCLA opposed HB480.
House Bill 502 Also by Representative Gaines, provided fines and penalties against employers who fail to authorize treatment approved by the Louisiana Workers’ Compensation medical director within 60 days of the director’s approval of such treatment. HB502 was killed in the House Committee on Labor and Industrial Relations. ABCLA opposed HB502.
House Bill 310 By Senator Jay Luneau (D-Alexandria), entitled certain employees with compensable injuries to a cost-of-living adjustment in their weekly compensation rate. SB310 failed to complete the legislative process. ABCLA opposed SB310.
House Bill 306 By Representative Kyle Green (D-Marrero), imposed settlement requirements on employers under certain circumstances in Workers’ Compensation cases. The bill was involuntarily deferred in committee. ABCLA opposed HB306. 9
Licensing Legislation House Bill 300 By Representative Phillip DeVillier (R-Eunice), eliminates the restricted journeyman plumber license and restricted master plumber licenses as options for licensure of plumbers. An ABC amendment to the bill provides that formerly “restricted” licensees are now able to practice their craft statewide. HB300 was signed by the Governor and became Act No. 460. ABCLA supported HB300.
House Bill 555 By Representative Charles Owen (R-Rosepine), requires professional or occupational licensing boards to publish certain information on their website and to renew the information annually. HB555 was signed by the Governor and became Act No. 483. ABCLA supported HB555.
House Bill 1062 By Representative Aimee Freeman (D-New Orleans) allows an individual to petition an occupational licensing board for review of a regulation issued by that board. HB1062 was signed by the Governor and became Act No. 583. ABCLA supported HB1062.
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