S-1379.1 _______________________________________________
SENATE BILL 5909
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Senator Fairley
Read first time 02/16/1999. Referred to Committee on Labor & Workforce Development.
AN ACT Relating to a worker retraining program; amending RCW 28C.04.410 and 28C.04.420; adding new sections to chapter 28C.04 RCW; and repealing RCW 28C.04.430, 28C.04.440, 28C.04.450, 28C.04.460, and 28C.04.480.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 28C.04 RCW to read as follows:
(1) The state board for community and technical colleges worker retraining program funds shall be used for training programs and related support services, including financial aid, counseling, referral to training resources, job referral, and job development that:
(a) Are consistent with the unified plan for work force development;
(b) Provide increased enrollments for dislocated workers; and
(c) Provide increased enrollments and support services, including financial aid for those students not receiving unemployment insurance benefits, that do not replace or supplant any existing enrollments, programs, support services, or funding sources.
(2) The state board for community and technical colleges shall develop a plan for use of the worker retraining funds which is to be approved by the work force training customer advisory committee established in section 2 of this act. In developing the plan, the state board for community and technical colleges shall:
(a) Provide for the distribution of forty percent of the worker retraining program funds to the department of community, trade, and economic development for distribution to job skills program grantees as provided in section 2 of this act;
(b) Provide for the distribution of thirty percent of the worker retraining program funds through an allocation process based on population within a community or technical college district;
(c) Provide for the distribution of thirty percent of the worker retraining program funds through a grant process administered by the board which distributes funds to college programs developed in partnership with local businesses, with one-third of the grants being reserved for community colleges serving rural areas; and
(d) Ensure that local colleges receiving worker retraining program funds gather information from local work force development councils on employer work force needs.
(3) For purposes of chapter . . ., Laws of 1999 (this act), training provided by the community and technical colleges shall only consist of basic skills and literacy, occupational skills, vocational education, and related or supplemental instruction for apprentices who are enrolled in a registered, state-approved apprenticeship program. Community and technical colleges may contract with skill centers to provide training authorized in this section. Upon the request of a recipient eligible under subsection (1)(b) of this section, a community and technical college may contract with a private technical school for specialized vocational training. Available tuition for the training is limited to the amount that would otherwise be payable per enrolled quarter to a public institution. Furthermore, the funding is only available to students who seek training in a course of study not available at a public institution within an eligible recipient's congressional district.
NEW SECTION. Sec. 2. A new section is added to chapter 28C.04 RCW to read as follows:
(1) The director of the department of community, trade, and economic development shall appoint a work force training customer advisory committee by July 1, 1999, to:
(a) Select applicants for receipt of job skills program grants;
(b) Establish, with the advice of the director of the state board for community and technical colleges, selection criteria for job skills grants, consistent with criteria established in chapter 28C.04 RCW and chapter . . ., Laws of 1999 (this act);
(c) Recommend guidelines to the department for the operation of the job skills program; and
(d) Approve the plan for the use of the state board for community and technical colleges worker retraining program funds.
(2) One-third of the job skills grants shall be reserved for businesses in rural areas.
(3) Members of the advisory committee shall consist of three representatives of business selected from nominations provided by state-wide business organizations representing a cross-section of industries; and three representatives of labor selected from nominations provided by a state-wide labor organization.
Sec. 3. RCW 28C.04.410 and 1983 1st ex.s. c 21 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout sections 1 and 2 of this act and RCW ((28C.04.040 and))
28C.04.420 ((through 28C.04.480)).
(1)
"Applicant" means an educational institution which has made
application for a job skills grant under sections 1 and 2 of this act and
RCW 28C.04.420 ((through 28C.04.480)).
(2) "Business and industry" means a private corporation, institution, firm, person, group, or association concerned with commerce, trades, manufacturing, or the provision of services within the state, or a public or nonprofit hospital licensed by the department of social and health services.
(3) "Dislocated worker" means an individual who meets the definition of dislocated worker contained in P.L. 105-220, Sec. 101 on the effective date of this act.
(4) "Educational institution" means a public secondary or postsecondary institution or an independent institution within the state authorized by law to provide a program of skills training or education beyond the secondary school level. Any educational institution receiving a job skills grant under RCW 28C.04.420 through 28C.04.480 shall be free of sectarian control or influence as set forth in Article IX, section 4 of the state Constitution.
(((4)))
(5) "Equipment" means tangible personal property which will
further the objectives of the supported program and for which a definite value
and evidence in support of the value have been provided by the donor.
(((5)))
(6) "Financial support" means any thing of value which is
contributed by business and industry to an educational institution which is
reasonably calculated to support directly the development and expansion of a
particular program under section 1 and 2 of this act and RCW 28C.04.420
((through 28C.04.480)) and represents an addition to any financial
support previously or customarily provided to such educational institutions by
the donor. "Financial support" includes, but is not limited to,
funds, equipment, facilities, faculty, and scholarships for matriculating
students and trainees.
(((6)))
(7) "Job skills grant" means funding that is provided to an
educational institution by the commission for the development or significant
expansion of a program under sections 1 and 2 of this act and RCW
28C.04.420 ((through 28C.04.480)).
(((7)))
(8) "Job skills program" means a program of skills training or
education separate from and in addition to existing vocational education
programs and which:
(a) Provides short-term training which has been designated for specific industries;
(b) Provides training for prospective employees before a new plant opens or when existing industry expands;
(c) Includes training and retraining for workers already employed by an existing industry or business where necessary to avoid dislocation or where upgrading of existing employees would create new vacancies for unemployed persons;
(d) Serves areas with high concentrations of economically disadvantaged persons and high unemployment;
(e) Serves areas with new and growing industries;
(f) Serves areas where there is a shortage of skilled labor to meet job demands; or
(g) Promotes the location of new industry in areas affected by economic dislocation.
(((8)))
(9) "Technical assistance" means professional and any other
assistance provided by business and industry to an educational institution,
which is reasonably calculated to support directly the development and
expansion of a particular program and which represents an addition to any
technical assistance previously or customarily provided to the educational
institutions by the donor.
(((9)
"Commission" or "commission for vocational education" shall
mean the commission for vocational education or any successor agency or
organization.)) (10) "Department" means the department of
community, trade, and economic development.
Sec. 4. RCW 28C.04.420 and 1983 1st ex.s. c 21 s 4 are each amended to read as follows:
The
((commission)) department may, subject to appropriation from the
legislature or from funds made available from any other public or private
source and pursuant to rules adopted by the ((commission)) department
with the advice of the work force training customer advisory committee established
in section 2 of this act, provide job skills grants to educational
institutions. The job skills grants shall be used exclusively for programs
which are consistent with the job skills program. ((A job skills grant may
be awarded only after:
(1)
Receipt of an application from an educational institution which contains a
proposal for a program of skills training and education, including a
description of the program, the type of skills training or education to be
provided, a statement of the total cost of the program and a breakdown of the
costs associated with equipment, personnel, facilities, and materials, a
statement of the employment needs for the program and evidence in support
thereof, demonstrates that the program does not unnecessarily duplicate
existing programs in the area and is provided at a reasonable cost, a statement
of the technical assistance and financial support for the program received or
to be received from business and industry, and such other information as the
commission requests; and
(2)
The commission, based on the application submitted by the educational
institution and such additional investigation as the staff of the commission
shall make, finds that:
(a))) The
department shall work in collaboration with the work force training customer
advisory committee established in section 2 of this act to assure that:
(1) The program is within the scope of the job skills program under this chapter and may reasonably be expected to succeed and thereby increase employment within the state;
(((b)
Provision has been made to use any available alternative funding from local,
state, and federal sources;
(c)
The job skills grant will only be used to cover the costs associated with the
program;
(d)
The program will not unnecessarily duplicate existing programs and could not be
provided by another educational institution more effectively or efficiently;
(e))) (2)
The program involves an area of skills training and education for which there
is a demonstrable need;
(((f)
The applicant has made provisions for the use of existing federal and state
resources for student financial assistance;
(g)
The job skills grant is essential to the success of the program as the
resources of the applicant are inadequate to attract the technical assistance and
financial support necessary for the program from business and industry;
(h))) (3)
The program represents a collaborative partnership between business, industry,
labor, educational institutions, and other partners, as appropriate;
(4) The commitment of financial support from business and industry shall be equal to or greater than the amount of the requested job skills grant; and
(((i)
Binding commitments have been made to the commission by the applicant for
adequate reporting of information and data regarding the program to the
commission, particularly information concerning the recruitment and employment
of trainees and students, and including a requirement for an annual or other
periodic audit of the books of the applicant directly related to the program,
and for such control on the part of the commission as it considers prudent over
the management of the program, so as to protect the use of public funds,
including, in the discretion of the commission and without limitation, right of
access to financial and other records of the applicant directly related to the
programs;
(j))) (5)
A provision has been made by the applicant to work, in cooperation with the
employment security department, to identify and screen potential trainees,
and that provision has been made by the applicant ((of)) for the
participation as trainees of low-income persons ((who are victims of
economic dislocation)) including temporary assistance for needy families
recipients, dislocated workers, and persons from minority and economically
disadvantaged groups to participate in the program((; and
(k)
Binding commitments have been made to the commission by the applicant for
compliance with the monitoring and evaluation rules of the commission)).
Beginning October 1, 1999, and every two years thereafter, the department shall provide the legislature and the governor with a report describing the activities and outcomes of the state job skills program.
NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:
(1) RCW 28C.04.430 (Job skills program--Notification of approval of grant to employment security department--Contents) and 1983 1st ex.s. c 21 s 5;
(2) RCW 28C.04.440 (Job skills program--Interagency agreement by commission and the department of community, trade, and economic development and the employment security department) and 1995 c 399 s 32, 1985 c 466 s 40, & 1983 1st ex.s. c 21 s 6;
(3) RCW 28C.04.450 (Job skills program--Duties of employment security department) and 1983 1st ex.s. c 21 s 7;
(4) RCW 28C.04.460 (Job skills program--Duties of department of community, trade, and economic development) and 1995 c 399 s 33, 1985 c 466 s 41, & 1983 1st ex.s. c 21 s 8; and
(5) RCW 28C.04.480 (Job skills program--Participant deemed to be in training for purposes of RCW 50.20.043) and 1983 1st ex.s. c 21 s 10.
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