BILL REQ. #:  S-4764.2 



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THIRD SUBSTITUTE SENATE BILL 5743
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State of Washington60th Legislature2008 Regular Session

By Senate Economic Development, Trade & Management (originally sponsored by Senators Kastama, Kilmer, and Shin)

READ FIRST TIME 01/29/08.   



     AN ACT Relating to linking economic clusters and quality management practices to customized training; and amending RCW 28C.04.400, 28C.04.410, 28C.04.420, and 43.330.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28C.04.400 and 1983 1st ex.s. c 21 s 1 are each amended to read as follows:
     The legislature declares that it is an important function of government to increase opportunities for gainful employment, to assist in promoting a productive and expanding economy, and to encourage the flow of business and industry support to educational institutions. Therefore, the legislature finds that it is in the public interest of the state to encourage and facilitate the formation of cooperative relationships between business and industry and educational institutions which provide for the development and significant expansion of programs of skills training and education consistent with employment needs and to make interested individuals aware of the employment opportunities presented thereby. It is the policy of the state of Washington to ensure that programs of skill training are: (1) Available on a regional basis and are utilized by a variety of businesses and industries; and (2) closely linked to cluster and industry specific public investments.

Sec. 2   RCW 28C.04.410 and 1999 c 121 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28C.04.390 and 28C.04.420.
     (1) "Applicant" means an educational institution which has made application for a job skills grant under RCW 28C.04.390 and 28C.04.420.
     (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 July 25, 1999.
     (4) "Educational institution" means a public secondary or postsecondary institution, an independent institution, or a private career school or college 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.
     (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.
     (6) "Financial support" means any thing of value which is contributed by business, industry, and others to an educational institution which is reasonably calculated to support directly the development and expansion of a particular program under RCW 28C.04.390 and 28C.04.420 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.
     (7) "Job skills grant" means funding that is provided to an educational institution by the ((commission)) college board for the development or significant expansion of a program under RCW 28C.04.390 and 28C.04.420.
     (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.
     (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.
     (10) "College board" means the state board for community and technical colleges under chapter 28B.50 RCW.

Sec. 3   RCW 28C.04.420 and 1999 c 121 s 3 are each amended to read as follows:
     The college board 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 college board with the advice of the workforce training customer advisory committee established in RCW 28C.04.390, 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. The college board shall work in collaboration with the workforce training customer advisory committee established in RCW 28C.04.390 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;
     (2) Provision has been made to use any available alternative funding from local, state, and federal sources;
     (3) The job skills grant will only be used to cover the costs associated with the program;
     (4) The program will not unnecessarily duplicate existing programs and could not be provided by another educational institution more effectively or efficiently;
     (5) The program involves an area of skills training and education for which there is a demonstrable need;
     (6) The applicant has made provisions for the use of existing federal and state resources for student financial assistance;
     (7) 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;
     (8) The program represents a collaborative partnership between business, industry, labor, educational institutions, and other partners, as appropriate;
     (9) The commitment of financial support from business and industry shall be equal to or greater than the amount of the requested job skills grant;
     (10) Binding commitments have been made to the ((commission)) college board 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)) college board 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)) college board and without limitation, right of access to financial and other records of the applicant directly related to the programs; ((and))
     (11) 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 for the participation as trainees of low-income persons including temporary assistance for needy families recipients, dislocated workers, and persons from minority and economically disadvantaged groups to participate in the program; and
     (12) The following will be met in regards to the job skills program:
     (a) Development of additional mechanisms for identification of, and outreach to, firms with a strong potential to effectively compete in the global marketplace after participating in the job skills program. This should be done by using a variety of approaches, including collaboration with industry and cluster associations that have participated in cluster and industry specific public investment programs such as industry skill panels, centers of excellence, innovation zones, local cluster-based economic development initiatives, and federal job training initiatives; and
     (b) Encouragement of businesses participating in the job skills program to participate in workshops or training in continuous quality improvement, performance measurement, strategic planning, or other approaches offered by service providers such as Washington manufacturing services, the Washington quality award, or the Washington technology center and designed to improve company productivity and effectiveness
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     Beginning October 1, 1999, and every two years thereafter, the college board shall provide the legislature and the governor with a report describing the activities and outcomes of the state job skills program.

Sec. 4   RCW 43.330.080 and 2007 c 249 s 2 are each amended to read as follows:
      The department shall contract with county-designated associate development organizations to increase the support for and coordination of community and economic development services in communities or regional areas. The organizations contracted with in each community or regional area shall be broadly representative of community and economic interests. The organization shall be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives. The contracting organization shall work with and include local governments, local chambers of commerce, workforce development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups. The scope of services delivered under these contracts shall include two broad areas of work:
     (1) Direct assistance, including business planning, to companies who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance includes:
     (a) Working with the appropriate partners, including but not limited to, local governments, workforce development organizations, port districts, community colleges and higher education institutions, export assistance providers, the Washington manufacturing services, the Washington state quality award((,)) council, small business assistance programs, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services in the county;
     (b) Providing information on state and local permitting processes, tax issues, and other essential information for operating, expanding, or locating a business in Washington;
     (c) Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state;
     (d) Working with businesses on site location and selection assistance;
     (e) Providing business retention and expansion services, including business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses; and
     (f) ((Participate [Participating])) Participating in economic development system-wide discussions regarding gaps in business start-up assistance in Washington; and
     (2) Support for regional economic research and regional planning efforts to implement target industry strategies and other economic development strategies that support increased living standards and increase foreign direct investment throughout Washington. Activities include:
     (a) Participation in regional planning efforts involving combined strategies around workforce development and economic development policies and programs. The contracting organization shall participate with the local workforce development councils in carrying out such planning efforts and with the state board for community and technical colleges as created in RCW 28B.50.050, and any local community and technical colleges, in providing for the coordination of job skills program training within its region;
     (b) Collecting and reporting data as specified by the contract with the department for statewide systemic analysis. The department shall consult with the Washington state economic development commission in the establishment of such uniform data as is needed to conduct a statewide systemic analysis of the state's economic development programs and expenditures. In cooperation with other local, regional, and state planning efforts, contracting organizations may provide insight into the needs of target industry clusters, business expansion plans, early detection of potential relocations or layoffs, training needs, and other appropriate economic information;
     (c) In conjunction with other governmental jurisdictions and institutions, participate in the development of a countywide economic development plan, consistent with the state comprehensive plan for economic development developed by the Washington state economic development commission.

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