HB 923 — LABOR: Provides relative to continuous technical corrections and revisions of provisions of Title 23 of the Louisiana Revised Statutes of 1950

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HLS 26RS-741 REENGROSSED HB NO.

923 C.

(1) Compile information and data which reflects the needs of low income individuals in the geographical area served bybythe the agency and identify the extent to which those needs are unmet bypublic and private agencies serving the area.

(3)Page Establish6 procedures and adopt rules which enable area residents to influence the characters of services26 providedCODING: bycommunity action agencies.

(4)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Joinare withadditions. and encourage private organizations to undertake activities in supportofthecommunityactionprogramthatwill resultin additional useofprivate resources and capabilities in accomplishing the purposes of this Part.

HB NO.

923 ENROLLED (3) Establish procedures and adopt rules which enable area residents to influence the characters of services provided bycommunity action agencies.

(4) Join with and encourage private organizations to undertake activities in supportofthecommunityactionprogramthatwill result in additionaluseofprivate resources and capabilities in accomplishing the purposes of this Part.

Page(1) 7A budget message signed bythe chief administrative officerwhich shall present a summary description of 34the CODING:proposed financial plan, policies, and objectives.

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HLS 26RS-741 REENGROSSED HB NO.

923 (1) A budget message signed bythe chief administrative officerwhich shall present a summary description of the proposed financial plan, policies, and objectives.

The budget document shall also include a complete listing of all employeesPage and7 theirof classifications26 andCODING: salary levels, including any related fringe benefits and shall be signed by the secretaryor his designee.

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HB NO.

923 ENROLLED employees and their classifications and salary levels, including any related fringe benefits and shall be signed by the secretaryor his designee.

These shall, at a minimum, provide for quarterly reporting of actual revenue receipts and expenditures, new or supplementary grants of funds, and all other deviations from the original budget submission.submissionThe departments shall report to the Senate Committee on Local and Municipal Affairs, the House Committee on Municipal, Parochial and Cultural Affairs, and the Joint Legislative Committee on the Budget instances identified wherein a community action agency's operations have not complied with the requirements of this Section.

The departments shall report to the Senate Committee on Local and Municipal Affairs, the House Committee on Municipal, Parochial and Cultural Affairs, and the Joint Legislative Committee on the Budget instances identified wherein a community action agency's operations have not complied with the requirements of this Section.

3:313 and receiving an annual Community Service Block Grant allocation of less than eighty thousand and one cent may petition Louisiana Works for a downward exception to Pagethe 8minimum number of 34board CODING:members required.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscoredFor arecommunity additions.action agencies meetingthisdistinction, theboardshallconsistofaminimumofninetoamaximum of thirty-one members.

HLSBoards 26RS-741requesting REENGROSSEDthis HBexception NO.shall make a written requesttoLouisianaWorksnolessthanonehundredeightydays priorto thedesired effective date.

923 the minimum number of board members required.

For community action agencies meetingthisdistinction,theboardshallconsistofaminimum ofninetoamaximum of thirty-one members.

Boards requesting this exception shall make a written requestto LouisianaWorksnolessthanonehundredeightydayspriortothedesired effective date.

Persons representing individuals withPage low8 income need not themselves have incomes below the level established by Louisiana Works for purposes of this26 Part;CODING:

however,Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored these representatives must reside in the same geographic area as the individuals they represent and must be chosen in accordance with democratic selection procedures adequate to assure that they are representativesadditions. of the poor low income in the area served.

HB NO.

923 ENROLLED with low income need not themselves have incomes below the level established by Louisiana Works for purposes of this Part;

however, these representatives must reside in the same geographic area as the individuals they represent and must be chosen in accordance with democratic selection procedures adequate toassure that they are representatives of the poor low income in the area served.

* * * Page(4) 9The principals of 34the CODING:conference shall be as follows:

* * * (f) Two members, each of whom shall be a faculty member of a public or privateuniversityorcollegein Louisiana,who shall beeconometricianseconomists and have occupational forecasting expertise or expertise in economic planning and industry/occupation industry-occupation matrix formulation, to be selected by the otherfiveprincipalsoftheconferencefromalistofnotlessthanthreenormorethan five nominees submitted by the secretaryof Louisiana Board of Regents Works.

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HLS 26RS-741 REENGROSSED HB NO.

923 (4)ENROLLED The(i) principalsOne member selected by the governor from a list of three nominees submitted by the conferenceLouisiana shallMinority beSupplier asDevelopment follows:Council Chamber of Commerce Foundation.

* * * (f) Two members, each of whom shall be a faculty member of a public or privateuniversityor collegein Louisiana,whoshallbeeconometricianseconomists and have occupational forecasting expertise or expertise in economic planning and industry/occupation industry-occupation matrix formulation, to be selected by the otherfiveprincipalsoftheconferencefromalistofnotlessthanthreenormorethan five nominees submitted by the secretaryof Louisiana Board of Regents Works.

* * * (i) One member selected by the governor from a list of three nominees submitted by the Louisiana Minority Supplier Development Council Chamber of Commerce Foundation.

Each member shall be appointed for a term of threeyears.Anymemberappointedtofillavacancyoccurringpriortotheexpiration ofthetermofhispredecessorshallofthetermofhis predecessorshall beappointedfortheremainderoftheterm.

DesigneesinDesigneesinarepresentativecapacitymay arepresentativecapacitymayparticipateandvotein participateand vote in councilmeetings.

EachmemberofthecouncilnotEach member of thecouncilnot otherwise Pagecompensated 10by public monies, shall be reimbursed for transportation and shall be paid thirty-five dollars per day for each day spent in attendance at meetings of 34the CODING:apprenticeship council.

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HLS 26RS-741 REENGROSSED HB NO.

923 compensated by public monies, shall be reimbursed for transportation and shall be paid thirty-five dollars per day for each day spent in attendance at meetings of the apprenticeship council.

(a) recommend Recommend standards and procedures for registration and de-registration ofapprenticeshipprogramsinconformitywithofapprenticeshipprogramsin conformitywith establishedprograms approvedbytheUnitedStates DepartmentofDepartmentofLabor,Officeof Labor,Apprenticeship. OfficeofApprenticeship.,and (b) Recommend, for approval, for approval of apprenticeship agreements which in no case shall be lower than those prescribed by this Chapter and by the United States Department of Labor, Office of Apprenticeship, or lower than approved national standards;

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HB NO.

923 ENROLLED (b) Recommend, for approval, for approval of apprenticeship agreements which in no case shall be lower than those prescribed by this Chapter and by the United States Department of Labor, Office of Apprenticeship, or lower than approved national standards;

* * * Page§385. 11 of 34 CODING:

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HLS 26RS-741 REENGROSSED HB NO.

923 §385.

An apprenticeshipprogram shall be registered in anytradeoccupation or group of trades occupations in accordance with this Chapter and with the standards ofUnitedStatesofUnitedStatesDepartmentofLabor,OfficeofApprenticeship. DepartmentofLabor,OfficeofApprenticeship.

shall specifythe ratio of apprentices to journey workers employed in any trade occupation in accordance with this Chapter and the UnitedPage States11 Department of Labor,26 OfficeCODING: of Apprenticeship;

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HB NO.

923 ENROLLED United States Department of Labor, Office of Apprenticeship;

* * * Page§1123. 12 of 34 CODING:

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HLS 26RS-741 REENGROSSED HB NO.

923 §1123.

additional medical opinion regarding an examination under supervision of the secretary If any dispute arises between two physicians as to the condition of the employee, or the employee's capacity to work, the assistant secretary, upon application of any party, shall order an additional medical opinion regarding an examination of the employee to be made by a medical practitioner selected and appointed by the assistant secretaThesecretarThe medical examiner shall report his conclusions from the examination to the assistant secretary and to the parties and such the report shall be prima facie evidence of the facts therein stated in any subsequent proceedings under pursuant to this Chapter.

* * * §1178.Page 12 of 26 CODING:

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HB NO.

923 ENROLLED §1178.

EmployerswhowouldotherwisebeeligibleshallEmployerswhowouldotherwisebeeligibleshallbeallowedto beallowedto requalify for this reduction only once every four years.

* * * Page§1310.3. 13 of 34 CODING:

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923 §1310.3.

The board, which shall be domiciled in Baton Rouge, Louisiana, shall be composed of five members or their designee, who shall be the secretaryofstate,thestatePage treasurer,thecommissionerofinsurance,thesecretaryof13 theLouisianaDepartmentof Health Children andFamilyServices,andtheassistant secretary of the26 officeCODING: of workers' compensation administration.

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HB NO.

923 ENROLLED secretaryof state,thestatetreasurer,thecommissionerofinsurance,thesecretaryof theLouisianaDepartmentofHealthChildrenand FamilyServices, and theassistant secretary of the office of workers' compensation administration.

* * * (c) The employer employs, retains, or re-employs employees from the an employee with a PPD employee registrymaintained byLouisiana Works and which Pageis 14created and maintained in accordance with rules promulgated by the office of 34workers' CODING:compensation.

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HLS 26RS-741 REENGROSSED HB NO.

923 is created and maintained in accordance with rules promulgated by the office of workers' compensation.

however, an appeal therefrom maybe taken byanyof the parties within thirtythirtydays days after the date of the decision of the board.

If an appeal is taken, the board shall be made party defendant,and serviceand citation shall be made in accordancewith applicable law upon the attorney general or one of his assistants and the assistant secretary of the officeofworkers'compensationwithinofficeofworkers'compensationwithinLouisianaWorks. LouisianaWorks.

* * * §1538.Page 14 of 26 CODING:

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HB NO.

923 ENROLLED §1538.

* * * Page§1541. 15 of 34 CODING:

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HLS 26RS-741 REENGROSSED HB NO.

923 §1541.

These benefit charges are conclusive and binding upon the employer unless he files an application to review the charges setting forth his reasons therefor within thirty days after the mailing of the notice date the notificationnotificationis issentto senttohishis last knownaddressknown address or electroniccontact information on record.

The administrator shall notify each employer, no later than December thirty-first of each year,year,of of his rate of contribution for the forthcomingcalendaryear as determined for any relevant experience-rating year pursuant to this Part.

This determinationshallbeconclusiveandbindinguponanemployerunlesswithinthirty days afterthemailingofnoticehereoftohislastknownaddressdatethenotificationafterthemailingofnoticehereoftohis islastknownaddressdatethenotification deliveredPage to15 theof employer's26 lastCODING: known address or electronic contact information on record the employer files an application for review and redetermination, setting forth his reasons therefor.

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HB NO.

923 ENROLLED is delivered to the employer's last known address or electronic contact information on record the employer files an application for review and redetermination, setting forth his reasons therefor.

Inanyproceeding underthisprovidedforinthisSubsection,thefindingsoftheadministratorastofacts shallbepresumedtobeprimafaciecorrectifsupportedbysubstantialandcompetent Pageevidence. 16 of 34 CODING:

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923 evidence.

Legal holidays and days on which thePage agency16 isof closed26 shallCODING: serve to extend the delay periods.

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HB NO.

923 ENROLLED the agency is closed shall serve to extend the delay periods.

ThepartyfilingtheappealshallprovidecompetentevidenceThepartyfilingtheappealshall providecompetentevidence regarding the administrative error or physical inability.

Inanycourtproceedingunderpursuanttothis PageSubsection,thefindingsoftheadministrativelawjudgeastofactsshallbepresumed 17tobeprimafaciecorrect,ifsupportedbysubstantialandcompetentevidence. of 34 CODING:

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HLS 26RS-741 REENGROSSED HB NO.

923 Subsection,thefindingsoftheadministrativelawjudgeastofactsshallbepresumed tobeprimafaciecorrect,ifsupportedbysubstantialandcompetentevidence.

Duration of benefits * * * B.(1)Page The17 maximum number of weekly26 benefitsCODING: that a claimant may be eligible for in a benefit year shall depend on the average of the three most recently published state seasonally adjusted unemployment rates preceding the month in which the claimant files his first claim for benefits be determined semi-annually, based on the average of the three most recently published state seasonally adjusted unemployment rates available prior to January first and July first of each calendar year.

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HB NO.

923 ENROLLED B.(1) The maximum number of weekly benefits that a claimant may be eligible for in a benefit year shall depend on the average of the three most recently published state seasonally adjusted unemployment rates preceding the month in which the claimant files his first claim for benefits be determined semi-annually, based on the average of the three most recentlypublished state seasonally adjusted unemployment rates available prior to January first and July first of each calendar year.

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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscoredOn area additions.biannual semi-annual basis, Louisiana Works shall publish on its websitethemaximum numberofweeklybenefitsthat aclaimantmaybeeligible for inabenefityear,providedforinSubsectionBofthisSection,foraclaimantwhohas filed an initial claim for unemployment benefits in any week in that month.

HLS 26RS-741 REENGROSSED HB NO.

923 C.

On a biannual semi-annual basis, Louisiana Works shall publish on its websitethemaximum numberofweeklybenefitsthat aclaimantmaybeeligiblefor inabenefityear,providedforinSubsectionBofthisSection,foraclaimantwhohas filed an initial claim for unemployment benefits in any week in that month.

Waiver of certified mail notification requirement An employer, his dulyauthorizedduly authorized representative, or the claimant maywaive the right under pursuant to this Chapter to receive written notices or determinations by certified mail.

Deliveryof anoticeora determination,noticeordetermination, whethermailed or electronicallytransmitted,shallbedeemedcompleteonthedateshownonthenotice.

DeliverytoPage the18 lastof known26 addressCODING: or electronic contact information on record shall constitute sufficient notice.

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HB NO.

923 ENROLLED Deliveryto the last known address or electronic contact information on record shall constitute sufficient notice.

* * * (8)(a) For the week,orweek, or fraction thereof,with respectto whichtheindividual makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact in obtaining or increasing benefits, whether or not the individual is successful in obtaining or increasing benefits, or otherwise due to his fraud receives any amount as benefits under pursuant to this Chapter to which the individual was not entitled, for the remainder of the benefit year subsequent to the Pagecommission 19 of 34the CODING:fraudulent act and continuing until the benefits so obtained plus any penalty imposed in accordance with R.S.

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HLS 26RS-741 REENGROSSED HB NO.

923 commission of the fraudulent act and continuing until the benefits so obtained plus any penalty imposed in accordance with R.S.

* * * §1624.Page 19 of 26 CODING:

Monetary determination and notice of claim An agent designated by the administrator shall take the claimA determination of eligibility made on the basis of base period wage credits shall be made promptlyand shall include a statement as to whether benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable and the maximum duration of benefits.

Within thirty days of the date the claim was filed, notice of this monetary determination shall be mailed or electronically delivered to the claimant and, if the claimant is eligible, to the last employeroremployingunitandtoallofthebaseperiodemployersormailedtotheir last known address or electronic contact information on recordFor any determination that begins a statutory period for appeal, protest, or other action, delivery by mail or electronic transmission shall satisfy the notice requirements.

Delivery,whethermailedorelectronicallytransmitted,shallbedeemedcompleteon Page 20 of 34 CODING:

HLS 26RS-741 REENGROSSED HB NO.

923 theENROLLED date§1624. shown on the notice.

Monetary determination and notice of claim An agent designated by the administrator shall take the claim.A determination of eligibility made on the basis of base period wage credits shall be made promptlyand shall include a statement as to whether benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable and the maximum duration of benefits.

Within thirty days of the date the claim was filed, notice of this monetary determination shall be mailed or electronically delivered to the claimant and, if the claimant is eligible, to the last employeroremployingunitandtoallofthebaseperiodemployersormailedtotheir last known address or electronic contact information on recordFor any determination that begins a statutory period for appeal, protest, or other action, delivery by mail or electronic transmission shall satisfy the notice requirements.

Delivery,whethermailedorelectronicallytransmitted,shallbedeemedcompleteon the date shown on the notice.

Notice of determination on claims Ifadisqualificationisalleged,orappearstoexist,noticeofthedetermination together with the reasons thereforthereforshall shall be promptlydeliveredto the claimant and to the employer from whose employment the disqualification issue arose or mailed to using their the last known address or electronic contact information on record.

notice * * * B.Page 20 of 26 CODING:

TheadministratormayreconsideranonmonetarydeterminationwheneverWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored heare findsadditions. that benefits have been allowed or denied on the basis of misrepresentation or that an error in interpretation of fact or application of law has occurred or whenevereitherofthepartiesentitledtonoticeofdeterminationasspecifiedinR.S.

23:1625HB proteststhedecisionwithinNO. fifteen days fromthedateofthedetermination.

923 ENROLLED B.

Theadministratormayreconsideranonmonetarydeterminationwhenever he finds that benefits have been allowed or denied on the basis of misrepresentation or that an error in interpretation of fact or application of law has occurred or whenevereitherofthepartiesentitledtonoticeof determinationasspecifiedin R.S.

23:1625 proteststhedecisionwithin fifteendays from the date ofthedetermination.

23:1625,23:1625,transfertheprotest,without transfertheprotest,withoutfurtherdetermination,totheappealrefereeforfurtherdetermination,to theappealrefereefor appeal proceedings.

In the event that an appeal involving an original determination Pageispendingatthetimearedeterminationisissued,theappeal,unlesswithdrawn,shall 21be oftreated 34as CODING:an appeal from the redetermination.

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HLS 26RS-741 REENGROSSED HB NO.

923 ispendingatthetimearedeterminationisissued,theappeal,unlesswithdrawn,shall be treated as an appeal from the redetermination.

The administrator shall make findings and conclusions and on the basis thereof affirm, modify, or reverse the determination or decisionAnydecision. party to such the redetermination may file an appeal therefrom pursuant to R.S.

Any party to such the redetermination may file an appeal therefrom pursuant to R.S.

§1627.Page 21 of 26 CODING:

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HB NO.

923 ENROLLED §1627.

SuchThedeterminationshallbe the final decision on the claim, unless within fifteen days after the date notification was given or was mailed or electronicallydeliveredelectronically delivered to a party's last known address orelectroniccontactinformationonrecord,anappealisfiledwithanappealreferee.orelectroniccontactinformationonrecord,anappealisfiledwith anappealreferee.

* * * Page§1629. 22 of 34 CODING:

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923 §1629.

and copies Copies of the statements by the claimant and employer, which were used in the appealed determination, shall be sent with such notice if requested to the parties if the request is receivedatreceived at least two business days prior to the scheduled hearing.

(3) Nothing in this Section shall be construed to dispense with the requirement that a "notice to appear for hearing" be mailed prevent the department fromPage providing22 aof notice26 toCODING: appear for a hearing bymail, or with the party's consent, by electronic delivery.

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HB NO.

923 ENROLLED from providing a notice to appear for a hearing bymail, or with the party's consent, by electronic delivery.

AnyAnyappeal appeal filed after the benefit year shall not be considered Pagetimely. 23 of 34 CODING:

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HLS 26RS-741 REENGROSSED HB NO.

923 timely.

Theboardofreviewmayotherwise allow an appeal from such decisiontobefiled,anypartyentitledtonoticeofadecisiontofileanappealbymail or anyother methods prescribed bythe department within fifteen days afterafterthe the date of notification or of mailing of a decision of an appeal referee, byanypartyentitled to notice of such decision, if such appeal is either mailed, as evidenced by the postmarked date, or is delivered by any such party.

Any proceedings so removed to the board of review prior to the completionofafairhearingshallbeheardbytheboardofreviewinaccordancewith thePage requirements23 of this26 ChapterCODING: with respect to proceedings before an appeal referee.

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HB NO.

923 ENROLLED the requirements of this Chapter with respect to proceedings before an appeal referee.

Notices shall be mailed to the party's last known address unless the partyhas consented to electronic delivery, in which case the notice may be transmitted electronically to the contact Pageinformation 24on ofrecord. 34 CODING:

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HLS 26RS-741 REENGROSSED HB NO.

923 information on record.

Such The decision shall be final unless, within fifteen days after the mailing of notice thereof the date of notification of the board's decision to the party's last known address, or, in the absenceabsenceof of such mailing, within fifteen days after the delivery of such notice or electronic contact information on record,record,a a proceedingfor judicial review is initiated pursuant to R.S.

Upon denial by the board of review of an application for appeal from the decision of an appealreferee,theappeal referee, the decision of the appeal refereeshall be deemed to be a decision of the board of review within the meaning of this Section for purposes of judicial review and shall be subject to judicial review within the time and in the manner provided for with respect to decision of the board of review,except that the time for initiating such a review shall run from the date of notice of the order of the board of review denying the application for appeal.

AnyAnyappeal appeal filed after the benefit year shall not be considered timely.Page 24 of 26 CODING:

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HB NO.

923 ENROLLED timely.

23:1601(8) in the amount of twenty dollars or twenty-five percent, whichever is greater, fifty Pagepercent 25of the total overpayment amount.Except as otherwise provided in Subsection C of 34this CODING:Section and any provisions of law in this state relating to the deposit, administration, release, or disbursement of money in the possession or custody of this state to the contrary notwithstanding, fifteen percent of each such overpaymentamountrecoveredshallbedepositedwiththeSecretaryoftheTreasury of the United States of America to the credit of the account of this state in the Unemployment Trust Fund established and maintained pursuant to 42 U.S.C.A.

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HLS 26RS-741 REENGROSSED HB NO.

923 percent of the total overpayment amount.Except as otherwise provided in Subsection C of this Section and any provisions of law in this state relating to the deposit, administration, release, or disbursement of money in the possession or custody of this state to the contrary notwithstanding, fifteen percent of each such overpaymentamountrecoveredshallbedepositedwiththeSecretaryoftheTreasury of the United States of America to the credit of the account of this state in the Unemployment Trust Fund established and maintained pursuant to 42 U.S.C.A.

EachcouncilEach membermayappointcouncil amember designeemayappoint toa servedesigneetoservein in his stead.

SuchThewrittennotice shallnametheindividualwhoshallbetheofficialdesigneeuntilthecouncilmemberPage or25 theof chairman26 revokesCODING: such the designation.

No council member shall be represented in a meeting other than by the official designee.

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HLS 26RS-741 REENGROSSED HB NO.

923 SectionENROLLED 2.shallnametheindividualwhoshallbetheofficialdesigneeuntilthecouncilmember or the chairman revokes such the designation.

No council member shall be represented in a meeting other than by the official designee.

* * * Section 2.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes26 nopart of the26 legislativeCODING: 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 923 Reengrossed 2026 Regular Session Berault Abstract:

Provides relative to the continuous of technical corrections and revisions of provision of Title 23 of the La.

Revised Statutes of 1950.

Proposed law provides legislative intent to provide a comprehensive, streamlined social services and workforce delivery system that incorporates integrated case management models for customers and their families served bymultiple departments and programs.

Proposedlawdefines"integratedcasemanagement","integratedserviceplan",and"service integration".

Presentlawprovidesthattheprovisionsofpresentlawareintendedtomaximizecommunity participation in the administration and implementation of programs designed to develop employment opportunities for individuals with low income and to ameliorate the impact of the income level on their physical and mental well-being.

Proposed law instead provides that the provisions of present law areintended to assist local communities by working through a network of community action agencies to support employment in order to reduce poverty, revitalize low-income communities, and stabilize low-incomefamiliesandindividualsinruralandurbanareastobecomefullyself-sufficient.

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HLS 26RS-741 REENGROSSED HB NO.

923 Present law provides that to accomplish this purpose, the legislature enacts present law for the purpose of establishing a procedure for the designation of community action agencies;

fixing the responsibilities of community action agencies;

defining community action programs;

and establishing a formula for the allocation of community service block grant funds.

Proposed law retains present law.

Proposed law amends the definitions of "community action agency", "community action program", "low income", and "One Door".

Present law requires the parish governing authority to annually designate a community action agency to administer the applicable provisions of present law.

Present law requires that, prior to the designation, the parish governing authorityconduct a public hearing after giving public notice of its intention to designate an agency.

Proposed law repeals present law.

Present law requires the public hearing to include an evaluation of the administrative and programmatic capabilities of the agencyor agencies under consideration for designation as the community action agency for the area.

Present law also requires consideration of previous accomplishments of the agency or agencies under consideration for designation.

Proposed law repeals present law.

Proposed law defines a community action agency as an entity which was previously designated or is designated by federal law, present law and proposed law (R.S.

23:64.1), or other mechanism defined by federal law.

Proposed law states that La.

Works shall be the designated lead agency for the purposes of carrying out state activities as provided for in the Community Services Block Grant Act.

Proposed law requires La.

Works to develop a state plan with assurances that funds made available to community action agencies shall be used to do any of the following:

(1) Secure and retain meaningful employment.

(2) Attain an adequate education.

(3) Make better use of available income.

(4) Secure and maintain adequate housing.

(5) Obtain emergencyassistance through loans or grants to meet immediate and urgent individual and family needs.

(6) Make more frequent and effective use of other programs, public and private, that offer services related to the purpose of present law and proposed law.

Present law requires each community action agency or private nonprofit organization to administer its programs through a governing board that shall consist of from a minimum of to a maximum of 31 members who shall be selected bythe community action agencyor private nonprofit organization.

Proposed law instead requires each community action agency to administer its programs through a governing board which shall consist of a minimum 15 to a maximum of 31 members who shall be selected bythe community action agency.

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HLS 26RS-741 REENGROSSED HB NO.

923 Proposedlawallowsagenciesthatareservingparishesandmeetthedefinitionofruralareas as defined in present law (R.S.

3:313), and receiving an annual Community Service Block Grantallocationoflessthan$80,001to petition La.Worksforadownwardexceptionto the minimum number of board members required.

Proposedlawrequirestheboardofcommunityactionagenciesthatmeettheaforementioned exception to consist of a minimum of nine to a maximum of 31 members.

Proposed law further requires boards that meet this exception to make a written request to La.

Works no later than 180 days prior to the desired effective date.

Present law requires the secretary of La.

Works to appoint an apprenticeship council, composed of three representatives each from employer and employee organizations respectively and two representatives of the general public.

Proposed law retains present law.

Presentlawrequiresthe three employerrepresentativesto beselectedfromlists supplied by employer organizations that are participating in bona fide apprenticeship programs.

Presentlawprovidesthatthethreeemployeerepresentativesmayberepresentativesoflabor organizations, who have been nominated bystate labor federations.

Proposed law retains present law.

Present law requires each member to be appointed for a term of three years.

Proposed law retains present law.

Proposed law allows each member to appoint a designee to serve in his stead.

Proposedlawrequireseachmemberwhodesirestohaveadesigneetoprovidewrittennotice to the secretaryof La.

Works for approval.

Proposed law further requires the written notice to name the individual who will be the official designee until the member or the secretary revokes the designation.

Proposed law allows designees to participate and vote in council meetings.

Present law allows reimbursement for transportation and compensation to each member of the council for each dayspent in attendance at meetings of the apprenticeship council.

Present law requires an apprenticeship program to be registered in any trade or group of trades in accordance with state and federal law.

Present law further requires an apprenticeshipprogram to cooperate with educational authorities in regard to the education of apprentices;

to establish a schedule of operations;

to establish wage rates and working conditions for apprentices;

to specifythe ratio of apprentices to journey workers employed in any trade in accordance present law and proposed law;

and to adjust apprenticeship disputes.

Proposed law changes references of the word trade to occupation.

Proposed law otherwise retains present law.

Present law requires that, if any dispute arises as to the condition of the employee, the assistant secretary of the office of workers' compensation administration (OWCA), upon application of any party, to order an additional medical opinion regarding an examination oftheemployeetobemadebyamedicalpractitionerselectedandappointedbytheassistant secretary.

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923 Proposedlawclarifiesthatthedisputeasonearisingbetweentwophysicians.

Proposedlaw otherwise retains present law.

Present law requires the medical examiner to report his conclusions from the examination to the assistant secretary of OWCA and to the parties.

Proposed law retains present law.

Present law states that the medical examiner's report shall be prima facie evidence of the facts stated in any subsequent proceeding under present law.

Proposed law retains present law.

Present law requires OWCA to inform all eligible employers on the target list, as provided in present law (R.S.

23:1177), of the dates and locations of cost containment meetings.

Proposed law instead requires OWCA to inform all eligible employers on the target list of the opportunity to schedule cost containment meetings.

Present law provides that the procedures to establish proof of attendance of a cost containmentmeetingbydesignatedrepresentativesofeligibleemployersshallbeestablished by rule by the office.

Proposed law repeals present law.

Present law provides that a claim for benefits, the controversion of entitlement to benefits, or other relief pursuant to present law shall be initiated bythe filing of the appropriate form with OWCA.

Proposed law retains present law.

Present law provides that mailing, facsimile transmission, or electronic transmission of the form and payment of the filing fee within five days of any mailing or transmission constitutes the initiation of a claim pursuant to present law (R.S.

23:1209).

Proposed law changes the time from five to seven days.

Proposed law otherwise retains present law.

Present law requires the La.

Workers' Compensation Second InjuryBoard (the board) to be domiciled in Baton Rouge.

Present law further requires the board to be composed of five members or their designees, and that membership shall be made up of the secretaryof state, the state treasurer, the commissioner of insurance, the secretary of Dept.

of Children and Family Services (DCFS), and the assistant secretaryof OWCA.

Proposed law replaces the secretary of DCFS with the secretary of La.

Dept.

of Health.

Proposed law otherwise retains present law.

Present law provides that if the secretaryof La.

Works finds that anyemployer has failed to fileanypayroll reportorhasfiledanincorrectorinsufficientreport,thesecretarymaymake an estimate of the information required from the employer on the basis of the best evidence reasonablyavailabletohimatthetime,andnotifytheemployerbyregisteredmailaddressed to his last known address.

Proposedlawinsteadrequiresnotificationtobesentbymailorelectronicdeliverytothelast known address or electronic contact information on record.

Present law provides that unless the employer files the report or a corrected or sufficient report no later than 20 days after the mailing of the notice, the secretary may compute the Page 30 of 34 CODING:

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923 employer'srateofcontributiononthebasisoftheestimates,andtheratesodeterminedshall be subject to increase or decrease on the basis of subsequentlyascertained information.

Proposed law changes the reference of mailing the notice to the date of notification.

Proposed law otherwise retains present law.

Present law requires the secretary to, no later than 90 days after the close of each calendar quarter,renderastatement to eachemployerofbenefitspaidto eachindividual andcharged to his experience-rating record.

Proposed law retains present law.

Present law provides that these benefit charges are conclusive and binding upon the employerunlesshefilesanapplicationtoreviewthechargessettingforthhisreasonswithin days after the mailing of the notice to his last known address.

Proposed law instead provides that these benefit charges are conclusive and binding upon the employer, unless he files an application to review the charges setting forth his reasons within 30 days after the date the notification is sent to his last known address or electronic contact information on record.

Present law requires the secretaryof La.

Works to notify each employer, no later than Dec.

of eachyear,of his rate of contribution for the forthcomingcalendaryearasdetermined for any relevant experience-rating year pursuant to present law.

Proposed law retains present law.

Present law provides that this determination shall be conclusive and binding upon an employer unless, within 30 days after the mailing of notice to his last known address, the employer files an application for review and redetermination settingforth his reasons.

Proposed law instead provides that determination shall be conclusive and binding upon an employer unless, within 30 days after the date the notification is deliveredto the employer's last known address or electronic contact information on record, the employer files an application for review and redetermination setting forth his reasons.

Present law provides that the maximum number of weekly benefits that a claimant may be eligibleforinabenefityearshalldependontheaverageofthethreemostrecentlypublished state seasonally adjusted unemployment rates preceding the month in which the claimant files his first claim for benefits.

Proposedlawinsteadprovidesthatthemaximum numberofweeklybenefitsthataclaimant maybeeligibleforinabenefityearshallbedeterminedsemi-annually,basedontheaverage ofthethreemoststecentlypubstshed stateseasonallyadjustedunemploymentratesavailable prior to Jan.

1 and July 1 of each calendar year.

ProposedlawfurtherprovidesthataclaimantfilinganinitialclaimforbenefitsbetweenJan.

st th and June 30 shall be subject to thestaximum duration determined based on the average unemployment rate preceding Jan.

1 .

Proposed law provides that a claimant filing an initial claim between July 1 and Dec.

31 st shall be subject to the maximum duration determined based on the average unemployment st rate preceding July 1 .

Present law provides that a determination of eligibility made on the basis of base period wagecreditsshallbemadepromptlyandshallincludeastatementas towhetherbenefitsare payable,theweekwithrespecttowhichbenefitsshallcommence,theweeklybenefitamount payable, and the maximum duration of benefits.

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923 Proposed law retains present law.

Present law provides that within 30 days of the date the claim was filed, notice of this monetarydetermination shall be delivered to the claimant and, if the claimant is eligible, to thelastemployeroremployingunitandtoallofthebaseperiodemployersormailedtotheir last known address.

Proposed law clarifies that the notice shall be mailed or electronically delivered and also provides that the notice can be sent to the electronic contact information on record.

Proposed law otherwise retains present law.

Proposed law provides that for any determination that begins a statutory period for appeal, protest, or other action, delivery by mail or electronic transmission shall satisfy the notice requirements.

Proposed law provides that delivery, whether mailed or electronicallytransmitted, shall be deemed complete on the date shown on the notice.

Proposed law further provides that delivery to the last known address or electronic contact information on record shall constitute sufficient notice.

Present law enforces a civil penalty on an individual who was disqualified for fraudulently overpaid unemployment benefits.

Present law provides that the civil penaltyshall be in the amount of $20 or 25%, whichever is greater, of the total overpayment amount.

Proposed law instead changes the penalty to be 50% of the total overpayment amount.

Proposed law otherwise retains present law.

Present law provides that La.

Works shall be composed of the executive office of the secretary, the office of management and finance, the office of workforce development, the office of unemployment insurance administration, the office of workers' compensation administration, and any other offices as shall be created bylaw.

Proposed law removes the executive office of the secretary as one of the offices to be maintained inside La.

Works.

Proposed law otherwise present law.

Present law provides that the La.

Workforce Investment Council (the council), as provided in present law (R.S.

23:2042 et seq.), shall be placed within the executive office of the secretary.

Proposed law instead requiresthecouncilto beplacedwithin theofficeof management and finance under the purview of the secretary.

Present law provides for the creation and establishment of the La.

State Board of Boiler Inspector Examiners, which shall be placed inside La.

Works.

Proposed law repeals present law.

Present law provides that theboardshall consist offourmembers, one of whom shall be the chief inspector of the boiler inspection division, La Works, and the other three shall be special inspectors holding commissions as inspectors of steam boilers issued by the La.

Works.

Proposed law repeals present law.

Presentlawprovidesthatallmembersoftheboardofboilerinspectorexaminers,exceptthe chief inspector, shall be appointed by the secretary, and shall serve at his pleasure, without compensation.

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923 Proposed law repeals present law.

Presentlawrequirestheboardofboilerinspectorexaminerstoconductwrittenexaminations for all persons desiring to secure certificates of competency and commissions as boiler inspectors in this state.

Presentlawrequirestheexaminations to beheldattimes andplaces as may be designated by the board, and designed to test the applicant's knowledge of the construction,installation, maintenance,andrepairofsteamboilersandtheirappurtenances.

Proposed law repeals present law.

Presentlawrequiresexaminationstobegivenbytheboardtopersonstobeemployedbyany companyauthorized to insure boilers against explosions in this state, or inspectors of steam boilers employed by the boiler inspection division of La.

Works.

Present law requires applicants to have no less than three years of experience in the design, construction, or operation of high pressure boilers as a mechanical engineer, steam engineer, boilermaker, or boiler inspector.

Proposed law repeals present law.

Present law provides that individuals who hold certificates of competencyas inspectors of steam boilers for statesorcitieshavingastandardofexaminationsubstantiallyequal to that of this state, or certificates as inspectors of steam boilers from the National Board of Boiler and Pressure Vessel Inspectors, shall not be required to take the examination.

Proposed law repeals present law.

Present law provides that any person who successfully passes the examination provided in present law (R.S.

23:44 and23:45)orwhoholds a certificateof competencyas an inspector of boilers for a state or a city that has a standard of examination substantially equal to that of this state, or a certificateas an inspector of boilers from the National Board of Boiler and Pressure Vessel Inspectors, shall be certified to the secretary.

Proposed law repeals present law.

Present law provides that a fee of $40 shall be charged by the secretary for the issuance of the initial certificate of competency and commission, along with an identification card denoting that the person whose name appears on the certificatehas been issued a certificate and is therefore a certified boiler inspector.

Proposed law repeals present law.

Present law provides that a fee of $20 shall be charged each year for renewal of the identificationcard.

Presentlawfurtherprovidesthatthefeescollectedshallbeusedtocover the cost of the printing, issuing, and handling of all certificates of competency and commission and identification cards, and the fees shall be retained and disbursed by the secretary.

Proposed law repeals present law.

Present law provides that no person shall perform or attempt to perform the work or duties of a boiler inspector, unless he possesses a certificate of competency and commission and a valid identification card signifying possession.

Proposed law repeals present law.

Present law provides a fine of $100 and no more than $250, or imprisonment for not less than 30 days, no more than 90 days, for anyone who violates the provisions of present law.

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923 Proposed law repeals present law.

Present law provides that any eligible employer who has been given notice of a cost containment meeting, and fails to attend, shall be fined an amount equaling 2% of the La.

workers' compensation premium for the succeeding policy year.

Present law further provides that the fine shall be payable to the secretary of La.

Works and be remitted to the state treasurer for deposit in the Office of Workers' Compensation Administrative Fund.

Proposed law repeals present law.

Present law provides that prior to the workers' compensation judge adjudicating an injured employee to be permanently and totally disabled, the workers' compensation judge shall determine whether there is reasonable probability that, with appropriate training or education, the injured employee may be rehabilitated to the extent that the employee can achieve suitable gainful employment and whether it is in the best interest of the individual to undertake the training or education.

Proposed law repeals present law.

Present law provides that upon requalification of a claimant's unemployment benefits, the claimant'sbenefits,ascomputedpursuanttotheprovisionsofpresentlaw(R.S.23:1592and R.S.

23:1595), shall be discounted by 50% for the remainder of his benefit year.

Proposed law repeals present law.

(Amends R.S.

23:4, 61, 62, 63, 64.1(A)(intro.

para.) and (2) and (B)(intro.

para.) and (1), 76(C)(4)(f) and (i), 382(A) and (B), 384(A), 385(B), 390(C), 1123, 1178(A)(intro.

para.), (B),and(E),1310.3(A),1372,1378(A)(2)(c)and(E),1538(A)(1),1541(A),(E),and(F)(1), 1541.1(A) and (B), 1593, 1595(B)(1) and (C), 1599, 1601(8)(a) and (b), 1624, 1625, 1626(B)and(C),1627,1629(A),1630,1714(A),1749.2(A),2051(A)andR.S.36:301(C)(1);

Adds R.S.

23:1.1;

Repeals R.S.

23:41-49, 1178(D), 1226(C)(2), and 1601(10)(b)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Labor and Industrial Relations to the original bill:

1.

Make technical changes.

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