PRINTER'S NO. 3232
No. 2412 Session of 2000
INTRODUCED BY GORDNER, FRANKEL, GRUCELA, BATTISTO, BEBKO-JONES, BELARDI, BELFANTI, BROWNE, CAPPABIANCA, M. COHEN, COSTA, DALEY, DeWEESE, GEORGE, HARHAI, HERMAN, HERSHEY, JOSEPHS, KIRKLAND, LAUGHLIN, LEDERER, LUCYK, MANN, McCALL, MELIO, MUNDY, MYERS, ORIE, PETRARCA, RAMOS, READSHAW, SANTONI, SHANER, SOLOBAY, STEELMAN, STERN, TIGUE, TRELLO, TRICH, VAN HORNE, VEON, WALKO, WILLIAMS, WOJNAROSKI, YOUNGBLOOD AND YUDICHAK, MARCH 21, 2000
REFERRED TO COMMITTEE ON EDUCATION, MARCH 21, 2000
AN ACT 1 Authorizing internships for college students studying in science 2 and technology fields; and making an appropriation. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Technology 7 Work Experience Internship Program Act. 8 Section 2. Purpose. 9 The purpose of this act is to: 10 (1) Provide an incentive to students enrolled in science 11 and technology programs in colleges and universities located 12 in this Commonwealth to pursue higher education and training 13 in science and technology fields that are essential to 14 economic development in this Commonwealth. 15 (2) Provide an opportunity for these students to gain
1 work experience with companies engaged in the science and 2 technology sectors. 3 (3) Create a sustained pool of highly trained technology 4 workers that will improve this Commonwealth's ability to 5 attract and retain business. 6 (4) Provide emerging technology businesses with an 7 important resource and a link to the higher education 8 community. 9 Section 3. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Agency." The Pennsylvania Higher Education Assistance 14 Agency. 15 "Approved course of study." A program or curriculum offered 16 by a postsecondary educational institution that provides 17 instruction in science, technology and related fields and that 18 has been approved by the Department of Education in consultation 19 with the Pennsylvania Human Resources Investment Council. 20 "Approved educational institution." A postsecondary 21 educational institution located in this Commonwealth that is 22 authorized to provide approved courses of study and grant 23 degrees and that has been approved by the Pennsylvania Higher 24 Education Assistance Agency as an institution in which students 25 may enroll to participate in the New Economy Technology 26 Scholarship Program. 27 "Department." The Department of Education of the 28 Commonwealth. 29 "Emerging technology company." A company involved in 30 scientific research and product development, technology or a 20000H2412B3232 - 2 -
1 related field which is either less than six years from 2 incorporation or employs fewer than 100 full-time employees. 3 "Program." The Technology Work Experience Internship Program 4 established under this act. 5 "Student." An individual who attends an approved educational 6 institution and who is enrolled in an approved course of study. 7 "Work experience internship." A college-approved or 8 university-approved internship or work experience in a science, 9 technology or related field with an emerging technology employer 10 located in this Commonwealth for which the student receives 11 compensation. 12 Section 4. Technology Work Experience Internship Program. 13 (a) Establishment of program.--The Technology Work 14 Experience Internship Program is hereby established within the 15 agency. This program shall be separate from, but may be operated 16 in conjunction with, the Federal and State work study programs. 17 (b) Matching funds.--The agency shall provide matching funds 18 to approved educational institutions to support internships for 19 students with emerging technology companies. The agency shall 20 review and approve applications from colleges and universities 21 to participate in the program. No more than 50% of the cost of 22 each internship shall be paid for by the agency. 23 (c) Standards.--The agency shall adopt standards for 24 approving technology work experience internship programs, which 25 standards shall include at a minimum that: 26 (1) The employer must be a Pennsylvania high-tech 27 business. 28 (2) The internship must provide career-related work 29 experience and use the student's classroom knowledge. 30 (3) The position must not displace any employee, 20000H2412B3232 - 3 -
1 including any employee who is laid off or on strike. 2 (4) The student must be compensated at a rate at least 3 equal to the State minimum wage. 4 Section 5. Powers and duties of agency. 5 The agency shall have the power and its duties shall be: 6 (1) To execute a participation agreement with each 7 approved educational institution participating in the 8 program. 9 (2) To establish such procedural, accounting and 10 auditing requirements as may be necessary. 11 (3) To review and audit all relevant records of the 12 participating institution and the participating employer to 13 ensure compliance with the provisions of this act. 14 (4) To adopt such rules, regulations, forms and 15 procedures as may be necessary to implement this act. 16 Section 6. Responsibility of approved education institution. 17 Educational institutions participating in this program shall: 18 (1) Submit an application to the agency for approval to 19 participate in the program. The application shall identify 20 the high-tech employers or potential employers who will 21 sponsor an internship, the wages that interns shall be paid, 22 a description of the general nature of the work to be 23 performed and the screening process to be employed to 24 identify those students who will participate in the 25 internship program. 26 (2) Enter into a participation agreement with the 27 agency. 28 (3) Ensure that each participating high-tech business 29 understands the requirements of the program and provides each 30 hired intern career-related work experience that builds on 20000H2412B3232 - 4 -
1 that student's classroom knowledge. 2 (4) Either through employer funds or institutional 3 funds, provide the funds required to match the State 4 contribution. 5 (5) Implement a process to screen and approve students 6 for participation in the program. 7 (6) Open relevant records and materials to the agency 8 for review. 9 (7) Have a process to monitor and evaluate each 10 internship experience. 11 Section 7. Emerging technology company employer responsibility. 12 Each emerging technology company employer participating in 13 the program shall: 14 (1) Agree to provide each intern with career-related 15 work experience that will build on that student's classroom 16 knowledge. 17 (2) Agree not to use the intern to replace any employee, 18 including employees who may be laid off or on strike. 19 (3) Have the right to approve the selection of any 20 student placed in an internship with that company. 21 (4) Add each employee to the business payroll and return 22 all reconciliation materials by the dates required by the 23 agency to receive reimbursement for that State share of the 24 approved earnings. 25 (5) Adhere to any requirements, including such 26 accounting and auditing standards as the agency may adopt. 27 Section 8. Interns. 28 (a) Eligibility.--Undergraduate and graduate students 29 enrolled in an approved course of instruction at an approved 30 educational institution shall be eligible to participate in the 20000H2412B3232 - 5 -
1 program. Priority for participation shall be based on financial 2 need as determined by the educational institution and the 3 agency, but participation shall not be limited to those students 4 who qualify for financial aid. 5 (b) Terms and conditions.--Each intern shall comply with any 6 conditions placed upon the internship by the agency or by the 7 educational institution. Each intern shall comply with any 8 applicable requirements established by the employer. Interns may 9 work no more than 20 hours a week while they are enrolled on a 10 full-time basis and may work not more than 40 hours a week 11 during any break. 12 (c) Student aid.--Participation as an intern in the program 13 may qualify as a work-study appointment and may qualify as 14 student aid, subject to Federal and State requirements for such 15 appointments. However, the maximum compensation an intern may 16 receive shall be subject to the limits imposed in this act. Any 17 compensation which exceeds the student financial aid package 18 awarded by the educational institution shall be considered 19 student income and subject to Federal and State tax. However, 20 the fact that a student earns compensation which exceeds the 21 amount of any financial aid award for student work-study 22 participation shall not affect the overall award that that 23 student shall receive. 24 Section 9. Compensation. 25 The compensation shall be determined by the approved 26 educational institution, in cooperation with the emerging 27 technology company. Compensation shall be subject to any terms 28 or conditions established by the agency. Undergraduate interns 29 shall be paid on an hourly basis and shall receive at least the 30 minimum wage established under Pennsylvania law. Graduate 20000H2412B3232 - 6 -
1 students may be paid either by the hour or may receive a salary. 2 In no event shall the total compensation that any student 3 receives exceed $6,000 in any 12-month period. 4 Section 10. Appropriation. 5 The sum of $1,000,000 is hereby appropriated to the 6 Pennsylvania Higher Education Assistance Agency for the purpose 7 of providing matching funds under this act. 8 Section 11. Effective date. 9 This act shall take effect July 1, 2000, or immediately, 10 whichever is later. C7L24DMS/20000H2412B3232 - 7 -