PRINTER'S NO. 2437
No. 1949 Session of 1999
INTRODUCED BY STEELMAN, BELARDI, COLAFELLA, HARHAI, ORIE, RAMOS,
ROBINSON, SCRIMENTI, E. Z. TAYLOR, THOMAS, TIGUE, TRAVAGLIO,
TRELLO, TRICH AND YOUNGBLOOD, OCTOBER 12, 1999
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 12, 1999
AN ACT
1 Amending the act of December 20, 1985 (P.L.492, No.116),
2 entitled "An act providing for the establishment,
3 implementation and administration of a customized job
4 training program; and imposing additional powers and duties
5 on the Department of Education," further defining "entry
6 level trainee" and "training program"; and further providing
7 for powers and duties of department and for powers and duties
8 of board of trustees.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definitions of "entry level trainee" and
12 "training program" in section 3 of the act of December 20, 1985
13 (P.L.492, No.116), known as the Customized Job Training Act,
14 amended December 7, 1994 (P.L.859, No.125), are amended to read:
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 * * *
20 "Entry level trainee." An individual who is a prospective
1 employee [of a private company] and is enrolled in a training
2 program designed to enable that individual to obtain and retain
3 an entry level position, paying at least the currently allowable
4 minimum wage or to obtain job readiness skills or advanced
5 technological skills necessary to meet the needs of an industry
6 located in the area of the local educational agency.
7 * * *
8 "Training program." A systematic program, generally no
9 longer than six months in duration, designed to provide a
10 trainee with the skills and knowledge necessary to meet a
11 private company's specifications for a particular occupation or
12 trade or for a particular industry located in the area of the
13 local educational agency, the successful completion of which
14 results in the trainee being employed full time by that private
15 company. Such programs may involve classroom instruction within
16 the local educational agency or within the private company plant
17 or on-the-job training or any combination thereof.
18 Section 2. Sections 4 and 5 of the act, amended December 7,
19 1994 (P.L.859, No.125), are amended to read:
20 Section 4. Powers and duties of department.
21 The department shall have sole authority for the
22 establishment, implementation and administration of the
23 Customized Job Training Program. Funds provided through this act
24 shall be used [exclusively] for training grants to local
25 educational agencies to meet the advanced technological needs of
26 the industries located in the area of the local educational
27 agency or on behalf of private companies either located or
28 locating in Pennsylvania. The department shall be responsible
29 for all of the following:
30 (1) Promulgate such regulations, develop such forms and
19990H1949B2437 - 2 -
1 institute such procedures as may be necessary to implement
2 this act.
3 (2) Approve or disapprove any request for grants
4 according to the procedures outlined in this act.
5 (3) Require such information and records from each local
6 educational agency as it deems necessary.
7 Section 5. Grant procedure.
8 (a) [Private company] Grant commitments.--
9 (1) An application for a grant [shall] may be initiated
10 by a private company and shall be submitted to a local
11 educational agency.
12 (2) An application for a grant may also be initiated by
13 a local educational agency to train individuals to meet the
14 technological needs of an industry located in the area of the
15 local educational agency.
16 (b) Eligibility.--
17 (1) A company seeking a grant for customized job
18 training must be able to provide to the department a
19 statement that demonstrates that both the training for which
20 a grant is to be made and State funds are necessary for the
21 location of the private company, creation of jobs, expansion
22 of positions, improvement of productivity or the retention of
23 otherwise lost jobs. It is not the intent of the General
24 Assembly to provide a grant to a private company that would
25 have otherwise conducted the training itself.
26 (2) A local educational agency seeking a grant for
27 customized job training must be able to provide to the
28 department a statement that demonstrates that both the
29 training for which the grant is to be made and State funding
30 are necessary to meet the needs of an industry, the creation
19990H1949B2437 - 3 -
1 of jobs, the expansion of positions, improvement of
2 productivity or retention of otherwise lost jobs. A grant
3 made under this section shall not be subject to the
4 requirements of section 9(a) and (b).
5 (c) Grant applications.--
6 (1) The local educational agency shall be responsible
7 for:
8 (i) Preparing and submitting the application.
9 (ii) Preparing a detailed outline of the proposed
10 training program in cooperation with the private company
11 or the industry, if the grant is to meet the needs of an
12 industry located in the area of the local educational
13 agency.
14 (iii) Contacting the local Job Center Office and the
15 local county board of assistance, when the application
16 includes plans for training entry level employees, to
17 solicit referrals of candidates for the training program.
18 If the local Job Center Office does not have appropriate
19 qualified candidates registered, the local educational
20 agency should inform the private company that the Job
21 Center Office can assist in the recruitment of qualified
22 entry level trainees.
23 (iv) Assuring compliance with the approved contact.
24 (v) Monitoring in-school, in-plant or on-the-job
25 training programs.
26 (vi) Preparing and submitting reports as required by
27 the department.
28 (vii) Maintaining accurate reports to substantiate
29 expenditures.
30 (viii) Reporting to the department the number of
19990H1949B2437 - 4 -
1 people who, 180 days after the completion of the training
2 program, are employed by the private company requesting
3 the training or received full-time employment as a result
4 of industry training by a local educational agency.
5 (2) The private company shall be responsible for:
6 (i) Establishing criteria for the selection of
7 trainees in consultation with the local educational
8 agency.
9 (ii) Recruiting trainees for the entry level
10 customized job training program in conjunction with the
11 local educational agency, the local Job Center Office and
12 the local county board of assistance.
13 (iii) Determining the number of individuals to be
14 trained for the available entry level positions. This
15 figure may provide for reasonable attrition during the
16 training period.
17 (iv) Selecting trainees.
18 (v) Reporting to the local educational agency
19 accurate training records and expenditure reports upon
20 which payments can be documented and audits performed.
21 Payments will be based on documented expenditures.
22 (vi) Selecting individuals from its current
23 workforce to participate in any upgrading course. In
24 making such selection, the private company must assure
25 the local educational agency:
26 (A) the positions for which employees are being
27 upgraded are positions which are not regularly
28 available to entry level employees and for which
29 adequately trained persons are not available within
30 the private company;
19990H1949B2437 - 5 -
1 (B) the positions for which employees are being
2 upgraded offer higher wages, would have been lost if
3 customized job retraining had not been conducted or
4 are necessary for the company's competitiveness in
5 the market;
6 (C) the successful completion of the upgrading
7 course will result in continued employment with the
8 private company in the occupation for which the
9 employee is being upgraded; and
10 (vii) Reporting to the local educational agency the
11 number of trainees who were employed by the private
12 company 180 days after completion of the training
13 program.
14 Section 3. This act shall take effect in 60 days.
L15L24BIL/19990H1949B2437 - 6 -