H. B. 4132
(By Delegates Mezzatesta, Cann, Frederick, Stalnaker,
Sumner and Walters)
[Introduced
January 26, 2004
; referred to the
Committee on Industry and Labor, Economic Development and Small
Business then Finance.]
A BILL 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; 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:
(a) "GOCID"shall mean (1) "WVDO" means the
Governor's Office of Community and Industrial Development West Virginia development
office;
(b) (2) "Employer"
shall mean means an individual,
partnership, corporation, or other legal entity that employs or
plans to employ skilled workers;
(c) (3) "Retraining and job upgrade"
shall mean means the
specialized training that is given to an identified level of
employees to enable them to advance to a higher level of
employment;
(d) (4) "Program"
shall mean means the West Virginia
Guaranteed Work Force Program established pursuant to section three
of this article;
(e) (5) "Training"
shall mean means custom-designed training
given to employees or prospective employees of new or expanding
businesses and industries within the state;
(f) (6) "Training provider"
shall mean 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
governor's office of community and industrial development
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
governor's office of community and
industrial development West Virginia development office may pay up
to one hundred percent or
one 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
governor's office of community and
industrial development West Virginia development office may pay up
to one hundred percent or
one 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
governor's office
of community and industrial development West Virginia development
office and this article. The state of West Virginia guarantees if employer satisfaction is not achieved, the
governor's office of
community and industrial development 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
governor's office of
community and industrial development West Virginia development
office determines
it is determined 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
and/or 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
two 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
Job Training
Partnership Act (JTPA) 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
which may be transferred
to it by the West Virginia Economic Development Authority (WVEDA)
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
governor's office of
community and industrial development 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
governor's office of community
and industrial development 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
governor's office of community and industrial development 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:
(a) (1) The number of persons trained and their demographics
.;
(b) (2) The number of persons placed in employment
.;
(c) (3) The number of employers for which persons have been
trained and placed
.;
(d) (4) The number of persons trained and placed for each
employer
.;
(e) (5) The types of work for which persons have been trained
.;
(f) (6) The source of training fund
.; and
(g) (7) The overall effectiveness of this article in
contributing to economic stabilization and business and industrial
growth within this state.
(b) In addition, the
Governor's Office of Community and
Industrial Development West Virginia development office shall
report on a quarterly basis to the
joint commission on vocational,
technical and occupational education 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
Governor's Office of Community and Industrial Development
West Virginia development office shall market and promote the
program.
The Committee on Industry and Labor, Economic Development and Small
Business moves to amend the title of the bill to read as follows:
H. B. 4132 -- "A Bill 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."
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