ENROLLED
H. B. 4132
(By Delegates Mezzatesta, Cann, Frederick, Stalnaker,
Sumner and Walters)
[Passed February 26, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §5B-2D-2, §5B-2D-3, §5B-2D-4, §5B-2D-5,
§5B-2D-6 and §5B-2D-7 of the code of West Virginia, 1931, as
amended, all relating to the West Virginia guaranteed work
force program; updating terms; establishing that funds may be
provided by the Legislature; requiring certain reporting and
increasing the maximum amount that may be spent on certain
training.
Be it enacted by the Legislature of West Virginia:
That §5B-2D-2, §5B-2D-3, §5B-2D-4, §5B-2D-5, §5B-2D-6 and
§5B-2D-7 of the code of West Virginia, 1931, as amended, be amended
and reenacted, all to read as follows:
ARTICLE 2D. WEST VIRGINIA GUARANTEED WORK FORCE PROGRAM.
§5B-2D-2. Definitions.
As used in this article, the following words and terms have
the following meanings unless the context indicates another or
different meaning or intent:
(1) "WVDO" means the West Virginia development office;
(2) "Employer" means an individual, partnership, corporation,
or other legal entity that employs or plans to employ skilled workers;
(3) "Retraining and job upgrade" means the specialized
training that is given to an identified level of employees to
enable them to advance to a higher level of employment;
(4) "Program" means the West Virginia Guaranteed Work Force
Program established pursuant to section three of this article;
(5) "Training" means custom-designed training given to
employees or prospective employees of new or expanding businesses
and industries within the state;
(6) "Training provider" means any persons, public or private
educational institutions, agencies, companies or other entities
that may be utilized for training or consultative services for an
employer.
§5B-2D-3. Training program.
The West Virginia development office shall develop a business
and industrial training program, the purpose of which is to provide
assistance for new or expanding businesses for the training,
retraining or upgrading of the skills of potential employees. The
program shall emphasize employee training specifically designed to
accommodate the needs of individual employers. The program shall
encourage the expansion of existing businesses and industries
within the state, promote retention of businesses and industries
within the state, promote retention of existing jobs within the state, prevent economic and industrial out-migration, and assist in
the relocation of out-of-state businesses and industries in the
state. Under this program, the West Virginia development office may
pay up to one hundred percent or two thousand dollars per employee,
whichever is less, of training costs of new employees in firms
creating at least ten jobs in a one-year period. Training
assistance may also be provided to existing businesses in cases in
which training, retraining or upgrading services will result in the
retention of existing jobs or the creation of additional jobs, or
both: Provided, That the West Virginia development office may pay
up to one hundred percent or two thousand dollars per employee,
whichever is less, for the training, retraining or upgrading.
Training costs associated with this program will be paid directly
by the training provider.
Provision of training services will depend upon the employer
meeting program requirements as set forth by the West Virginia
development office and this article. The state of West Virginia
guarantees if employer satisfaction is not achieved, the West
Virginia development office will carefully review the effectiveness
of the recently completed training plan and program with the
employer and the training provider. After such review, if the West
Virginia development office determines that the training program
was inadequate to meet the employer's specifications and
satisfaction as originally agreed to, then those employees so
trained shall be eligible for retraining under the guarantee provision except when the training program curriculum or provider
were selected solely at the discretion of the employer, then no
such additional training shall be considered or approved: Provided,
That in no instance may the cost of training and retraining an
employee exceed four thousand dollars.
§5B-2D-4. Funds.
The funds made available by this section shall supplement but
not displace funds available through existing programs conducted by
employers themselves and public programs such as the Workforce
Investment Act (WIA), the Carl D. Perkins Vocational Education Act,
the Stewart B. McKinney Homeless Assistance Act, and the JOBS Act,
or apportionment fund allocated to the community colleges, regional
occupational centers and programs, or other local educational
agencies. In addition, it is further the intention of the
Legislature that the program established pursuant to this section
shall not replace, parallel, supplant, compete with, or duplicate
in any way existing, approved apprenticeship programs.
The fund shall consist of all moneys provided by the
Legislature and also any contributions, grants or bequests received
from federal, private or other sources. Appropriations made from
the funds shall be for the purpose of providing contractual
services through the West Virginia development office for
vocational related training or retraining provided by public or
private training institutions within West Virginia and for
contracted services through the West Virginia development office for vocational related training, retraining or upgrading provided
by public or private training institutions located outside of West
Virginia and for vocational related training or retraining provided
on site, within West Virginia by any training provider as defined
in this article.
§5B-2D-5. Program activities.
The primary concern in the provision of training services
shall be the needs and types of services identified by the
employer. A college or university, community college or area
vocational education center shall be given initial consideration to
provide any training, retraining, or job upgrade training. The
employer will have the opportunity to participate in the selection
of a training provider and training program curriculum. Training
services may begin upon execution of a written agreement between
the West Virginia development office and the employer.
Program activities may include, but not be limited to, the
following:
(a) The performance of a job skills analysis and the designing
of a training curriculum for an employer.
(b) The recruitment and referral of trainee applicants to an
employer.
(c) The provision of off site pre-employment training to
prospective employees of a new or expanding business or industry or
to existing employees for purposes of retraining or upgrading:
Provided, That on site pre-employment training may be provided if off site pre-employment training is not practical.
(d) Retraining of employees in response to a technological
change.
(e) The provision of job upgrade training, if the training
will retain or increase the employer's total work force.
(f) Contracting with persons, public or private educational
institutions, agencies or other bodies for training or consultative
services for an employer.
(g) The provision of materials and supplies used in the
training process, instructors with specialized skills,
instructional training aids and equipment, consultative services
relative to highly specific or technical data and other services.
(h) Assisting a foreign employer locating or expanding in this
state by familiarizing the employer's foreign personnel with the
work attitudes, work methods, expectations, customs and life style
of employees who work within this state.
(i) Taking any other action that is considered to be necessary
or desirable for the furtherance of the provisions of this article.
Funds may not be awarded or reimbursed to any business or
industry for the training, retraining or upgrading of skills of
potential employees with the purpose of replacing or supplanting
employees engaged in an authorized work stoppage.
§5B-2D-6. Reporting.
(a) The office shall file a report with the Legislature, the
legislative oversight commission on workforce investment for economic development and the governor at the end of each fiscal
year, commencing June thirtieth, one thousand nine hundred ninety.
This report shall include the following:
(1) The number of persons trained and their demographics;
(2) The number of persons placed in employment;
(3) The number of employers for which persons have been
trained and placed;
(4) The number of persons trained and placed for each employer;
(5) The types of work for which persons have been trained;
(6) The source of training fund; and
(7) The overall effectiveness of this article in contributing
to economic stabilization and business and industrial growth within
this state.
(b) In addition, the West Virginia development office shall
report on a quarterly basis to the West Virginia workforce
investment council and the legislative oversight commission on
workforce investment for economic development the following as they
relate to the training program established by this article:
(1) The names of all companies approved for training during
the reporting quarter;
(2) The names of all companies receiving funding for training
during the reporting quarter;
(3) The amount and source of funds utilized for each training
program;
(4) The type of training being delivered;(5) The number of employees trained; and
(6) Those agencies providing the training.
§5B-2D-7. Marketing.
The West Virginia development office shall market and promote
the program.