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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2014
SENATE BILL NO. 207
BY SENATOR JOHN SMITH
WORKFORCE COMMISSION. Provides relative to the Incumbent Worker Training
Program. (8/1/14)
AN ACT1
To amend and reenact R.S. 23:1514(D)(1), relative to the Incumbent Worker Training2
Program; to provide for certain third-party training providers; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1514(D)(1) is hereby amended and reenacted to read as follows:6
ยง1514. Worker training fund; purpose; training programs; eligibility criteria;7
program administration8
* * *9
D.(1)(a) Training shall be done by a third-party training provider selected10
by the applicants. The training provider selected by an applicant must have a11
demonstrated history of successful training through its replacement, retention, and12
satisfaction rates; show collaboration with regard to industry in the development of13
customized training; and use current industry standards as the basis for programs14
utilized to train individuals in a targeted industry. Training may be provided by the15
applicant's employees under limited circumstances as permitted by duly promulgated16
rules and regulations. Third-party training providers must have a demonstrated17 SB NO. 207
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
history of successful training. No third-party training provider may be an entity1
whose principal owner is an immediate family member, as defined by the Code of2
Governmental Ethics, of an individual in a management position with the applicant3
who has the authority to make decisions regarding a training grant or a business4
related to the applicant, such as a parent, subsidiary, or partner of the applicant.5
(b) Nothing herein shall be construed to prohibit a Louisiana college or6
university from acting as a third-party training provider.7
(c) Subject to the provisions of Subparagraph (d) of this Paragraph, a8
Louisiana college or university may subcontract with an out-of-state college or9
university to provide the actual training pursuant to this Section so long as the10
training takes place on the campus of a Louisiana college or university or on a11
Louisiana job site.12
(d)(i) Prior to entering into an agreement with an out-of-state college or13
university as provided for in Subparagraph (c) of this Paragraph, the Louisiana14
college or university shall make an inquiry, in writing, to the commissioner of15
higher education to determine if such third-party training already exists on16
another Louisiana college or university.17
(ii) If the commissioner of higher education advises the inquiring18
Louisiana college or university within fifteen days that another Louisiana19
college or university already provides such third-party training, the inquiring20
college or university may contract with the college or university that already21
provides such third-party training.22
(iii) If the commissioner of higher education fails to advise the inquiring23
Louisiana college or university within fifteen days that another Louisiana24
college or university already provides such third-party training, the inquiring25
college or university may contract with an out-of-state college or university to26
provide the actual training as provided for in Subparagraph (c) of this27
Paragraph.28
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 Nancy Vicknair.
DIGEST
John Smith (SB 207)
Present law provides for a special fund within the Employment Security Administration
Fund (i.e., the fund in which employers deposit their unemployment insurance taxes).
Present law provides that monies from the special fund are to be used only for the purpose
of upgrading employee job skills through training.
Present law provides that training is to be done by a third-party training provider selected
by the applicant and approved pursuant to rules and regulations promulgated by the
Louisiana Workforce Commission.
Proposed law provides that third-party training may be provided by a La. college or
university.
Proposed law provides that a La. college or university may subcontract with an out-of-state
college or university to provide third-party training so long as the training takes place on the
campus of a La. college or university or job site.
Proposed law provides that prior to entering into an agreement with an out-of-state college
or university, such La. college or university shall make an inquiry, in writing, to the
commissioner of higher education to determine if such third-party training already exists at
another La. college or university.
Proposed law provides that if the commissioner of higher education advises the inquiring
La. college or university within 15 days that another La. college or university already
provides such third-party training, the inquiring college or university may contract with the
college or university that already provides such third-party training.
Proposed law provides that if the commissioner of higher education fails to advise the
inquiring La. college or university within 15 days that another La. college or university
already provides such third-party training, the inquiring college or university may contract
with an out-of-state college or university to provide the actual training.
Effective August 1, 2014.
(Amends R.S. 23:1514(D)(1))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the engrossed bill
1. Adds a job site to the list of places where the training can take place.
Senate Floor Amendments to engrossed bill
1. Provides a process for determining whether third-party training exists on
another Louisiana college or university.