Career and technical training grants.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0318

SENATE FILE
NO.
SF0095

Career and technical training grants.

Sponsored by:
Senator(s) Job, Case, Hastert and Landen and Representative(s) Cohee, Davison, Iekel, Jaggi, Millin and Zwonitzer, Dn.

A BILL

for

AN ACT relating to labor and employment; establishing a career and technical training grant program in the department of workforce services; providing definitions; providing for reimbursement of grants as specified; requiring rulemaking; providing appropriations; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 27
‑
15
‑
101 through 27
‑
15
‑
105 are created to read:

CHAPTER 15
VOCATIONAL TRAINING

ARTICLE 1
CAREER AND TECHNICAL TRAINING GRANTS

27
‑
15
‑
101.

Definitions.

(a)

As used in this article:

(i)

"Approved career and technical training provider" means:

(A)

Wyoming c
ommunity colleges,
the University of Wyoming,
private post secondary educational institutions and private schools or organizations providing career and technical training in Wyoming which are licensed or registered under W.S. 21
‑
2
‑
401 through 21
‑
2
‑
407;

(
B
)

Training facilities
and entities
approved by and registered with the office of apprenticeship,
United States
department of labor.

(ii)

"Career and technical training" means training through an approved training
career and technical
training
provider resulting in the acquisition by the trainee of skills necessary for a specific vocation designed to advance an individual's general proficiency in a specific
career and technical
area;

(iii)

"Department" means the department of workforce services;

(iv)

"Industry" means a business entity, group of entities or an industry association;

(v)

"WORKKEYS score" means as defined in W.S. 21
‑
16
‑
1301
(a)
(xix).

27
‑
15
‑
102.

Career and technical training grants established.

(a)

The department shall, by rule and regulation, establish and administer a program to provide training grants for the training of persons participating in a career and technical training program.

(b)

The primary purpose of the career and technical training grant program is to provide the career and technical training necessary to access quality
high demand and high wage
employment within
Wyoming
in an industry for which the trainee receives training under the program established by this section.

(c)

The department is authorized to promulgate rules and regulations for the purpose of implementing this article. All rules and regulations shall be promulgated in consultation with training providers and industry specialists. No grants shall be awarded under this article until adoption of final rules pursuant to this subsection.

(d)

The department may receive donations from foundations or other private sources. Any such funds received shall be deposited into a separate account and are continuously appropriated to the department, which may distribute those funds in accordance with the provisions of this article. Services eligible to be paid for by another public program shall not be reimbursed under this article.

27
‑
15
‑
103.

Career and technical training grants; eligibility.

(a)

Under the career and technical training grant program, subject to availability of funds as determined by the legislature, the state shall provide a grant pursuant to this article to any trainee who has been accepted by and enrolls in an approved training program, and who meets the following qualifications:

(i)

The trainee has demonstrated
Wyoming
residency as determined by the eligible program at which the trainee is enrolled;

(ii)

The trainee has:

(A)

Graduated from an eligible high school or is otherwise eligible under rules promulgated pursuant to this article. The department shall by rule and regulation establish exceptions to the requirements of this subparagraph for trainees who have attended an eligible high school in
Wyoming
, but who subsequently graduate from a secondary educational institution in another state or a foreign country that is the equivalent of a high school. An exception under this subparagraph shall be granted only if:

(I)

The trainee's custodial parent or lawful guardian is a
Wyoming
resident at the time of application for a grant under this article and was a
Wyoming
resident during the trainee's attendance at the eligible high school;

(II)

The trainee's absence from this state was due to the custodial parent's or lawful guardian's employment requirements or was necessitated by other conditions beyond the reasonable control of the parent or guardian; and

(III)

Neither the trainee nor the trainee's custodial parent or lawful guardian claimed residency in any other state or foreign country for any purpose during the trainee's high school attendance.

(B)

Applied for a grant under this article and demonstrated eligibility pursuant to this article and rules of the department. The department shall by rule and regulation establish exceptions to the requirement of this paragraph for military service, religious service and other good cause shown; and

(C)

The
baseline
WORKKEYS score specified under this article for the type of grant to be awarded.

(b)

Notwithstanding subsection (a) of this section, trainees who are
Wyoming
residents and graduates of an out-of-state high school shall be deemed to have graduated from an eligible high school for the purpose of qualifying under this article. A trainee whose custodial parent or guardian is in active military service and maintains Wyoming as that parent's or guardian's state of domicile is deemed to be a Wyoming resident and if a high school graduate of a high school outside of Wyoming accredited by the appropriate regional accrediting agency shall be deemed to have graduated from an eligible high school for the purpose of qualifying under this article.

(c)

No trainee shall be eligible for a grant under this article for more than the equivalent of three (3) years. No trainee shall be eligible for a grant under this article for any period commencing after six (6) calendar years following the trainee's initial eligibility. For purposes of this subsection a trainee's initial eligibility shall be deemed to commence when the state is obligated to reimburse an eligible program for the trainee's grant under this article. The department shall by rule and regulation establish exceptions to this subsection for military service, religious service and other good cause shown.

(d)

A trainee is not eligible for a grant under this article if he:

(i)

Is not a
United States
citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements or requirements of a subsequent similar federal enactment;

(ii)

Has not complied with
United States
selective service system requirements for registration, if the requirements are applicable to the trainee;

(iii)

Is in default on a federal Title IV education loan. Nothing in this paragraph prohibits a trainee who is otherwise eligible for a grant under this article and has fully repaid a defaulted loan or is no longer in default, from receiving a grant after the default is cured;

(iv)

Owes a refund under a federal Title IV trainee financial aid program or a subsequently enacted similar federal student financial aid program, or a student financial aid program administered through the state. Nothing in this paragraph prohibits a trainee who is otherwise eligible for a grant under this article and has fully paid the refund owed, from receiving a grant after paying the refund owed;

(v)

Is incarcerated;

(vi)

Has been convicted of a felony in this state or another jurisdiction and has not been granted an exception pursuant to rules adopted by the department; or

(vii)

Does not otherwise qualify under this article for a grant.

(e)

Awards pursuant to this article shall not exceed Hathaway scholarship awards pursuant to article 13 of chapter 16 of title 21.

(f)

The department shall pay the cost of an eligible applicant's initial WORKKEYS tests. Any retesting to improve an applicant's score shall be at the applicant's own expense.

(g)

If an applicant for a grant under this article is also qualified for a Hathaway scholarship
for the same career and technical training
pursuant to article 13 of chapter 16 of title 21, that scholarship shall be applied before any grant pursuant to this article.

27
‑
15
‑
104.

Career and technical training grants; agreement; remedies upon breach; technical assistance.

(a)

Grant payments shall be made directly to an approved career and technical training provider, and shall be conditioned upon the trainee under the grant entering into a written agreement with the department providing that the trainee shall work in
Wyoming
in the industry for which the trainee receives training for the period provided in the department's rules.

(b)

If a trainee breaches the agreement required by subsection (a) of this section, the trainee shall repay
that portion of
all funds
for the corresponding contract period
provided to or on behalf of the trainee under the agreement, together with costs of collection and attorney fees.

(c)

The department shall provide technical assistance to prospective trainees in the application and reporting requirements established by department rules.

27
‑
15
‑
105.

Legislative report.

The department shall report by October 1, 2009 to the joint education interim committee, the joint labor, health and social services interim committee and the joint appropriations interim committee on the career and technical training grant program, including industry and trainee participation, numbers of persons completing training, numbers of former trainees working in Wyoming, total grant expenditures, per trainee grant expenditures and administrative expenditures.

Section 2.

(a)

There is appropriated six million five hundred thousand dollars ($6,500,000.00) from the general fund to the department of workforce services. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purpose of the career and technical training grants established under W.S. 27
‑
15
‑
102 created by this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on July 1, 2010. This appropriation shall be included in the department's 2011-2012 standard biennial budget request.

(b)

There is appropriated two hundred fifty thousand dollars
($250,000.00)
from the general fund to the department of workforce services. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purpose of administering the career and technical assistance grant program established by this act, including
initial WORKKEYS testing and
promotional and technical assistance activities for the program. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on July 1, 2010. This appropriation shall be included in the department's 2011-2012 standard biennial budget request.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
SF0095