E2SSB 5809 -
By Representative Conway
ADOPTED 04/24/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that:
(a) This is a time of great economic difficulty for the residents
of Washington state;
(b) Education and training provides opportunity for unemployed
workers and economically disadvantaged adults to move into living wage
jobs and is of critical importance to the current and future prosperity
of the residents of Washington state;
(c) Community and technical college workforce training programs,
private career schools and colleges, and Washington state
apprenticeship and training council-approved apprenticeship programs
provide effective and efficient pathways for people to enter
high-demand occupations while also meeting the needs of the economy;
(d) The identification of high-demand occupations needs to be based
on reliable labor market research; and
(e) Workforce development councils are in a position to provide
funding for economically disadvantaged adults and unemployed workers to
access training.
(2) Consistent with the intent of the workforce investment act
adult and dislocated worker program provisions of the American recovery
and reinvestment act of 2009, the legislature intends that individuals
who are eligible for services under the workforce investment act adult
and dislocated worker programs, or are receiving or have exhausted
entitlement to unemployment compensation benefits be provided the
opportunity to enroll in training programs to prepare for a high-demand
occupation.
Sec. 2 RCW 50.24.014 and 2007 c 327 s 2 are each amended to read
as follows:
(1)(a) A separate and identifiable account to provide for the
financing of special programs to assist the unemployed is established
in the administrative contingency fund. All money in this account
shall be expended solely for the purposes of this title and for no
other purposes whatsoever. Contributions to this account shall accrue
and become payable by each employer, except employers as described in
RCW 50.44.010 and 50.44.030 who have properly elected to make payments
in lieu of contributions, taxable local government employers as
described in RCW 50.44.035, and those employers who are required to
make payments in lieu of contributions, at a basic rate of two one-hundredths of one percent. The amount of wages subject to tax shall be
determined under RCW 50.24.010.
(b) A separate and identifiable account is established in the
administrative contingency fund for financing the employment security
department's administrative costs under RCW 50.22.150 and section 4,
chapter 3, Laws of 2009 and the costs under RCW 50.22.150(((10))) (11)
and section 4(14), chapter 3, Laws of 2009. All money in this account
shall be expended solely for the purposes of this title and for no
other purposes whatsoever. Contributions to this account shall accrue
and become payable by each employer, except employers as described in
RCW 50.44.010 and 50.44.030 who have properly elected to make payments
in lieu of contributions, taxable local government employers as
described in RCW 50.44.035, those employers who are required to make
payments in lieu of contributions, those employers described under RCW
50.29.025(1)(f)(ii), and those qualified employers assigned rate class
20 or rate class 40, as applicable, under RCW 50.29.025, at a basic
rate of one one-hundredth of one percent. The amount of wages subject
to tax shall be determined under RCW 50.24.010. Any amount of
contributions payable under this subsection (1)(b) that exceeds the
amount that would have been collected at a rate of four one-thousandths
of one percent must be deposited in the account created in (a) of this
subsection.
(2)(a) Contributions under this section shall become due and be
paid by each employer under rules as the commissioner may prescribe,
and shall not be deducted, in whole or in part, from the remuneration
of individuals in the employ of the employer. Any deduction in
violation of this section is unlawful.
(b) In the payment of any contributions under this section, a
fractional part of a cent shall be disregarded unless it amounts to
one-half cent or more, in which case it shall be increased to one cent.
(3) If the commissioner determines that federal funding has been
increased to provide financing for the services specified in chapter
50.62 RCW, the commissioner shall direct that collection of
contributions under this section be terminated on the following January
1st.
NEW SECTION. Sec. 3 (1) Subject to the availability of funds
through March 1, 2011, funds appropriated in the 2009-2011 operating
budget for the purposes of this act shall be distributed by the
employment security department to workforce development councils as a
match to American recovery and reinvestment act formula funds or local
workforce investment act funds that workforce development councils
provide specifically for the education and training of eligible
individuals in high-demand occupations for the purposes identified in
section 5(2) of this act. The education and training of eligible
individuals in occupations in the aerospace, energy efficiency, forest
product, and health care industries shall be given priority, so long as
the priority is consistent with federal law.
(a) Funds used to increase capacity as described in section 5(2)(a)
of this act shall receive a seventy-five percent match.
(b) Funds used to provide student financial aid described in
section 5(2)(b) of this act shall receive a twenty-five percent match.
(2) Funds available for the purposes identified in section 5(2) of
this act but not distributed under subsection (1) of this section shall
be allocated to the state board for community and technical colleges
March 1, 2011. The board shall only use the funds to increase capacity
as described in section 5(2)(a) of this act. The board shall report to
the employment security department on the use of these funds.
(3) The employment security department, in cooperation with the
workforce training and education coordinating board and the state board
for community and technical colleges, shall develop a set of guidelines
on allowable uses for the incentive funds made available under this
section. These guidelines shall emphasize training programs that
expand the skills for Washington workers in order to obtain and retain
jobs in high-demand industries such as those referenced in the American
recovery and reinvestment act of 2009.
(4) This section expires July 1, 2011.
NEW SECTION. Sec. 4 The governor shall direct ten percent of
statewide funds made available for activities under the workforce
investment act in Title VIII of division A of the American recovery and
reinvestment act of 2009 (P.L. 111-5) to be used for the purposes of
section 3 of this act.
NEW SECTION. Sec. 5 (1) Consistent with the intent of the
workforce investment act adult and dislocated worker program provisions
of the American recovery and reinvestment act of 2009, the employment
security department shall encourage an increase in education and
training through grants and local plan modifications with workforce
development councils. The department shall encourage workforce
development councils to collaborate with other local recipients of
American recovery and reinvestment act funding for the purposes of
increasing training and supporting individuals who receive training.
The department shall also require workforce development councils to
determine the number of participants who will receive education and
training in high-demand industries. The department shall require the
workforce development councils to report on these efforts to accomplish
the tasks described in this subsection.
(2) The employment security department shall use funds as described
in section 3 of this act to encourage workforce development councils to
use American recovery and reinvestment act and workforce investment act
adult and dislocated worker formula resources for the following
education and training purposes:
(a) To provide enrollment support or enter into contracts with the
community and technical college system to increase capacity for
training eligible individuals for high-demand and other occupations
listed in section 3(1) of this act in programs on the eligible training
provider list or new programs; and
(b) For the provision of individual training accounts that provide
financial aid for eligible students training for high-demand and other
occupations listed in section 3(1) of this act in programs on the
eligible training provider list.
(3) American recovery and reinvestment act formula funds described
in this section may not be used to replace or supplant any existing
enrollments, programs, support services, or funding sources.
(4) The employment security department, in its role as fiscal agent
for workforce funds available under the American recovery and
reinvestment act, shall monitor and report to the governor on the use
of these funds and identify specific actions that the governor or the
legislature may take to ensure the state and local workforce
development councils are effectively meeting the intent of this act.
This shall include such reports as required by the American recovery
and reinvestment act of 2009 and the governor.
(5) This section expires July 1, 2011.
NEW SECTION. Sec. 6 The employment security department, in
collaboration with the workforce training and education coordinating
board, workforce development councils, and the state board for
community and technical colleges, shall submit a report to the governor
and to the appropriate committees of the legislature by December 1,
2010. The report shall describe the implementation of this act, and
shall include the following:
(1) The amounts of expenditures on education and training;
(2) The number of students receiving training;
(3) The types of training received by the students;
(4) Training completion and employment rates;
(5) Comparisons of preprogram and postprogram wage levels;
(6) Student demographics and institution/program demographics;
(7) Efforts made to ensure training was provided in areas that
would lead to employment;
(8) Efforts to develop capacity in occupations that are of
particularly high demand; and
(9) Specific enhancements made in the workforce system to ensure
additional training in high-demand occupations is accessible to low-income and dislocated workers.
NEW SECTION. Sec. 7 A new section is added to chapter 50.22 RCW
to read as follows:
The employment security department shall periodically bring
together representatives of the workforce training and education
coordinating board, workforce development councils, the state board for
community and technical colleges, business, labor, and the legislature
to review development and implementation of chapter . . ., Laws of 2009
(this act) and related programs under this chapter.
NEW SECTION. Sec. 8 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately."
Correct the title.
EFFECT: Strikes the underlying bill and adds new text as follows:
Legislative Intent
1. Expresses the Legislature's intent that certain individuals
have the opportunity to enroll in training for high-demand occupations.
These individuals are ones who are eligible for services under the WIA
Adult and Dislocated Worker programs, or who are receiving or have
exhausted entitlement to unemployment compensation benefits.
Education and Training in High-Demand Occupations
2. Requires the Employment Security Department (ESD) to distribute
certain funds as a match for other funds provided by workforce
development councils for education and training in high-demand
occupations. Gives priority to education and training in occupations
in the aerospace, energy efficiency, forest product, and health care
industries, so long as the priority is consistent with federal law.
3. Specifies that, if used to increase capacity, the match is 75
percent. If used to provide student financial aid, the match is 25
percent.
4. Requires that funds not distributed to workforce development
councils be distributed to the State Board for Community and Technical
Colleges (SBCTC) on March 1, 2011, and that the SBCTC use the funds to
increase capacity.
5. Requires the ESD to develop guidelines on allowable uses of the
funds. Specifies that the guidelines be developed in cooperation with
the Workforce Training and Education Coordinating Board (WTECB) and the
SBCTC.
6. Specifies that funds appropriated in the 2009-2011 operating
budget for the purposes of this act may be expended to create
incentives for education and training. Also requires the Governor to
direct certain funds for these purposes.
7. Requires the ESD to:
a. Encourage an increase in education and training through grants
and local plan modifications with workforce development councils;
b. Encourage workforce development councils to collaborate with
other recipients of funding, and to use certain resources to increase
capacity and provide individual training accounts; and
c. Require workforce development councils to determine the number
of participants who will receive education and training, and to report
on their efforts.
8. Specifies that certain federal funds may not be used to replace
or supplant existing enrollments, programs, support services, or
funding sources. Requires the ESD to monitor and report to the
Governor on the use of the funds.
Other
9. Requires the ESD to submit a report on implementation of these
provisions to the Governor and appropriate committees of the
Legislature by December 1, 2010. Specifies that the report be prepared
in collaboration with the WTECB, the SBCTC, and the workforce
development councils.
10. Requires the ESD to periodically bring together
representatives of the WTECB, the SBCTC, workforce development
councils, business, labor, and the Legislature to review development
and implementation of these provisions and the training benefits
program.
11. Makes a housekeeping change to provide that a particular
account is for administrative and other costs of the training benefit
program.
Effective Date
12. Declares an emergency and establishes an immediate effective
date.