ENROLLED Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. ACT No. 803 Regular Session, 2014 HOUSE BILL NO. 1033 BY REPRESENTATIVES KLECKLEY, ADAMS, ANDERS, ARMES, ARNOLD, BADON, BARRAS, BARROW, BERTHELOT, BILLIOT, STUART BISHOP, WESLEY BISHOP, BROADWATER, BROSSETT, BROWN, BURFORD, HENRY BURNS, TIM BURNS, BURRELL, CARMODY, CHAMPAGNE, CHANEY, COX, DANAHAY, DIXON, DOVE, FANNIN, FOIL, FRANKLIN, GAROFALO, GISCLAIR, GUINN, HARRIS, HARRISON, HENSGENS, HOFFMANN, HONORE, HUNTER, HUVAL, IVEY, KATRINA JACKSON, JAMES, JEFFERSON, NANCY LANDRY, TERRY LANDRY, LEBAS, LEGER, LEOPOLD, LORUSSO, MACK, MILLER, NORTON, PIERRE, PONTI, POPE, PRICE, PYLANT, REYNOLDS, RICHARD, RI TCHIE, ROBIDEAUX, SCHEXNAYDER, SEABAUGH, SHADOIN, SIMON, SMITH, ST. GERMAIN, STOKES, TALBOT, THIBAUT, THIERRY, THOMPSON, WHITNEY, ALFRED WILLIAMS, PATRICK WILLIAMS, WILLMOTT, AND WOODRUFF AND SENATORS ALARIO AND WALSWORTH AN ACT1 To enact R.S. 17:3138.2, relative to public postsecondary funding to meet workforce needs;2 to establish the Workforce and Innovation for a Stronger Economy Fund; to provide3 for the dedication, deposit, use, and investment of monies in the fund; to provide for4 a statewide workforce demand and gap analysis; to provide for a Workforce and5 Innovation for a Stronger Economy Fund Strategic Planning Council as an6 independent subcommittee of the Board of Regents; to provide for reporting7 requirements; to provide for an effective date; and to provide for related matters.8 Be it enacted by the Legislature of Louisiana:9 Section 1. R.S. 17:3138.2 is hereby enacted to read as follows: 10 ยง3138.2. Workforce and Innovation for a Stronger Economy Fund11 A. The "Workforce and Innovation for a Stronger Economy Fund",12 hereinafter referred to in this Section as the "fund", is hereby created within the state13 treasury as a special fund for the purpose of funding degree and certificate14 production and research priorities in high demand fields through programs offered15 by Louisiana's public postsecondary education institutions to meet the state's future16 workforce and innovation needs.17 ENROLLEDHB NO. 1033 Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B. Monies in the fund shall be invested in the same manner as monies in the1 general fund. Interest earned on investment of monies in the fund shall be credited2 to the fund. Unexpended and unencumbered monies in the fund at the end of the3 fiscal year shall remain in the fund.4 C. Subject to an annual appropriation by the legislature, each fiscal year the5 sum of forty million dollars shall be deposited into the fund. Monies in the fund6 shall be appropriated and administered as provided in this Section.7 D.(1) Monies in the fund shall be appropriated to the Board of Regents to be8 distributed to and used by postsecondary education institutions in accordance with9 a statewide workforce demand and gap analysis to be developed as provided for in10 this Section.11 (2) The funds distributed pursuant to this Section shall be used by the12 institution towards degree and certificate production pursuant to the workforce13 demand and gap analysis and research priorities according to implementation plans.14 (3) Any funds distributed to any institution that remain unexpended or15 unobligated at the end of the fiscal year shall be available for use in the subsequent16 fiscal year by an institution pursuant to their implementation plan.17 (4)(a) Funding shall be distributed by the Board of Regents only upon receipt18 of certification by the postsecondary education management board on behalf of the19 receiving public postsecondary education institution that a match of no less than20 twenty percent of the amount of funding to be distributed has been guaranteed by a21 private entity. Match certification shall be reported to the Joint Legislative22 Committee on the Budget within thirty days of the receipt. The certification shall23 detail the type of private match to be provided, which may include: cash; in-kind24 donations of technology, personnel, construction materials, facility modification, or25 tangible property; internships; scholarships; sponsorship of staff or faculty; or26 faculty endowment. The Workforce and Innovation for a Stronger Economy Fund27 Strategic Planning (WISE) Council may authorize a match for an institution in types28 other than those provided for in this Paragraph, upon request of the system president.29 ENROLLEDHB NO. 1033 Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) In any fiscal year that the total appropriated funds from the sum of the1 state general fund and dedicated funds for higher education are below the2 appropriated funding in the prior fiscal year, the WISE Council may at its discretion,3 delay or waive requirements as set forth in Subparagraph (a) of this Paragraph.4 E.(1) A Workforce and Innovation for a Stronger Economy Fund Strategic5 Planning Council, to be referred to as the "WISE Council", shall be established as6 an independent subcommittee of the Board of Regents and shall be comprised of the7 president-chancellor of Louisiana State University, the president of the Southern8 University System, the president of the University of Louisiana System, the president9 of the Louisiana Community and Technical College System, the commissioner of10 higher education, the secretary of the Department of Economic Development, the11 executive director of the Louisiana Workforce Commission, and the chairman of the12 Workforce Investment Council, or their successors.13 (2)(a) The WISE Council shall develop a method for the distribution of14 monies in the fund in alignment with the statewide workforce demand and gap15 analysis and research priorities as provided in this Section. The methodology for16 the distribution shall be reevaluated no more than once every three years unless a17 majority of the WISE Council vote to reevaluate the methodology more often.18 (b) The methodology of distribution shall be as follows:19 (i) Eighty percent of funds distributed shall be based on degree and20 certificate production in fields required for four- or five-star jobs, as defined by the21 Louisiana Workforce Commission's Louisiana Star Jobs program or its successors22 and weighted by cost and a prioritization of high demand degree and certificate23 production based on data provided by the Department of Economic Development24 and the Louisiana Workforce Commission.25 (ii) Twenty percent of funds distributed shall be based on federally funded26 research expenditures as defined by the National Science Foundation. 27 (iii) The WISE Council shall have the authority to adjust the percentage of28 the distributions by no more than ten percent relative to the distribution of funds29 between degree certification production in Item (i) of this Subparagraph and30 ENROLLEDHB NO. 1033 Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. federally funded research expenditures in Item (ii) of this Subparagraph. However,1 in no event shall the distribution based on federally funded research expenditures be2 reduced below twenty percent.3 (3) The WISE Council shall prepare a statewide workforce demand and gap4 analysis which shall include:5 (a) Statewide and regional degree and certificate production and research6 priorities based on an analysis of credential completion at all Louisiana7 postsecondary education institutions and workforce demand.8 (b) A prioritization of high-demand degree and certificate production based9 on data provided by the Department of Economic Development and the Louisiana10 Workforce Commission.11 (4) The WISE Council and the Board of Regents shall review and approve12 the statewide workforce demand and gap analysis and research priorities.13 (5) The WISE Council shall review and approve implementation plans14 submitted by institutions. The implementation plans shall include at a minimum a15 plan for expenditure of monies and outcomes expected.16 (6) The system presidents shall report annually to the WISE Council on17 progress towards degree and certificate and research priorities in accordance with the18 implementation plans.19 F. The statewide workforce demand and gap analysis, including any20 revisions to the analysis, distribution of funds, and implementation plans shall be21 posted on the Board of Regents' website.22 G. The WISE Council may create policies and procedures for its own23 management but shall meet no less than two times per year.24 H. The Board of Regents, on behalf of postsecondary education, shall25 provide annual reporting to the Senate Committee on Education, Senate Committee26 on Finance, the House Committee on Education, and the House Committee on27 Appropriations. Such reports shall include the statewide workforce demand and gap28 analysis, including any revisions to the analysis, distribution of funds, and29 implementation plans.30 ENROLLEDHB NO. 1033 Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. I. The Board of Regents shall promulgate rules developed jointly and1 collaboratively by the commissioner of higher education and the system presidents2 for the administration of the fund. Prior to final adoption, the rules shall be approved3 by the WISE Council.4 J. The fund is in addition to, and separate from, any monies appropriated or5 allocated to any postsecondary education management board. Allocations from this6 fund shall not be included in the Board of Regents' funding formula calculation, nor7 shall it supplant any state general fund allocations provided to institutions. The8 availability of the fund shall not in any way substitute, limit, or otherwise affect the9 allocation of any funds otherwise available to those institutions under state or federal10 laws.11 K. All actions of the WISE Council and the implementation of this Section12 shall be subject to the approval of the Board of Regents.13 Section 2. This Act shall become effective upon signature by the governor or, if not14 signed by the governor, upon expiration of the time for bills to become law without signature15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16 vetoed by the governor and subsequently approved by the legislature, this Act shall become17 effective on the day following such approval.18 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: