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                                                      PRINTER'S NO. 3232

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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,
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     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
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     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
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     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
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     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.














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