Wyoming Industry Partnership Act.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0061

HOUSE BILL
NO.
HB0268

Wyoming

Industry Partnership Act
.

Sponsored by:
Joint Minerals, Business and Economic Development Interim Committee

A BILL

for

AN ACT relating to
the administration of government; creating the
Wyoming
Industry Partnership Act;

providing definitions;
establishing industry partnership
s
;
providing for a grant process;
establishing the industry partnership account;
providing for rulemaking; requiring reports; providing
an
appropriation;
and providing for effective date
s
.

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

Section 1.

W.S. 9
‑
2
‑
2901 through 9
‑
2
‑
290
6
are created to read:

ARTICLE 29
WYOMING

INDUSTRY PARTNERSHIP ACT

9
‑
2
‑
2901.

Short title
.

This article
shall be known as the "
Wyoming
Industry Partnership Act of 2009."

9
‑
2
‑
290
2
.

Definitions.

(a)

As used in this a
r
t
icle
:

(i)

"
Council
"
means th
e
Wyoming

workforce development council;

(i
i
)

"
Department
"
means the
Wyoming

d
epartment of workforce services;

(iii)

"Economic development entity" means a group of private citizens organized as a business entity authorized to do business in this state for the purpose of providing financing for new, existing or expanding businesses and other economic or community development purposes;

(iv)

"Education or training entity" means:

(A)

Any
Wyoming community college, the University of Wyoming, private post secondary educational institution and private school or organization provi
ding training in Wyoming which is
licensed or registered under W.S. 21
‑
2
‑
401 through 21
‑
2
‑
407;
or

(B)

Any training facility
and entit
y
approved and registered with the office of apprenticeship,
United States
department of labor.

(
v
)

"Industry identified
solution
"
means
the
develop
ment, r
ecruitment or retention project
that
develops or
enhance
s

the skills of
Wyoming
's workforce
and support
s
an industry
i
n meeting i
ts
workforce needs;

(v
i
)

"Industry p
artnership" means a
n industry directed

collaboration
, supported by
economic
development, education
and workforce systems
to address common workforce needs
;

(vii)

"Industry sector" means a group of employers closely linked by common products or services, workforce needs, similar technologies, supply
chains
or other economic
links
;

(viii)

"
Targeted industry sector
"
means an industry sector identified by the department as having statewide or regional economic impact, immedi
ate workforce development needs
and emerging or competitive career opportunities.

9
‑
2
‑
2903.

Industry sectors; identification.

(a)

Industry sectors identified by t
he department
in conjunction with
the council
, shall

be based on

at a minimum,
the following:

(i)

Economic growth potential;

(ii)

Competitiveness;

(iii)

Employment base;

(iv)

Wages, benefits and career opportunities;

(v)

Workforce development needs
;

(vi)

Importance of the industry sector to the state and regional economy
.

(b)

The department shall periodically evaluate the industry sectors and determine the need for any
modifications
to the targeted industry sectors.

9
‑
2
‑
290
4
.

Industry partnership; goals
.

(
a
)

The goal
s
of
an
industry partnership are to:

(i)

Foster innovation and a competitive advantage in global markets;

(ii)

Organize businesses, employers, workers, labor organizations and industry associations into a collaborative structure that supports the sharing of information, ideas and challenges common to their industry;

(iii)

Identify the training needs of multiple employers, especially skills critical to competitiveness and innovation to the industry;

(iv)

Facilitate economies of scale by aggregating training and education needs of multiple employers;

(v)

Assist educational and training institutions to align curriculum and programs to industry demand;

(vi)

Assist
industry partner
ship

companies
to
work together to
identify and to
address common organizational and human resource challenges, such as recruiting new workers, retaining incumbent workers, implementing a high performance work organization, adopting new technologies and fostering on-the-job
traini
ng;

(vii)

Develop and strengthen career
paths
within and across companies and industries
to e
nabl
e
entry

level workers to improve skills and advance to higher

wage jobs;

(viii)

Assist industry
partner
ship
companies
to
attract potential employees from a diverse job seeker base, including individuals with barriers to employment, job seekers who are economically disadvantaged,
women,
you
nger workers
, older workers or

workers who previously
have
been incarcerated
;

(ix)

Assist
employers
in maintaining
a constant and sufficient
supply
of availab
le and
qualified workers;

(x)

Assist job seekers
in
enhanc
ing
their employability, career pot
ential and labor market rewards
.

9
‑
2
‑
290
5
.

Industry partnership account;
proposals
; grants
; rulemaking
.

(a)

The industry partnership account
is
cr
ea
t
ed in the department to support
industry
partnerships
and
to implement
industry identified
solutions
.

(b)

A competitive grant program shall be established by the department that provides support to industry partnerships and to implement industry identified solutions.

(c)

G
rants shall be used to meet the goals under W.S. 9
‑
2
‑
2904
(a).

(d)

The department shall:

(i)

Establish grant guidelines and develop grant applications;

(ii)

Develop forms and
promulgate rules and regulations
as may be necessary to implement the pr
ovisions of this section, which at a minimum shall
include:

(A)

A competitive application process;

(B)

A process to review applications;

(C)

A process for providing applicants with additional information about eligibility requirements and assistance in preparing applications;

(D)

A procedure for establishing eligibility requirements for industry partnerships, which at a minimum shall include:

(I)

Three (3) or more employers;

(II)

One (1) education or training entity;

(III)

One (1) economic development entity;

(IV)

One (1) person representing the department; and

(V)

A private sector in-kind or cash matching fund of at least
fifty

percent
(5
0
%)
of a grant awarded under this article
.

(
e
)

A grant may be awarded t
o
an approved industry partnership
to
identify or
implement industry identified solutions
, subject to available funds. Any proposal for a grant shall be filed with the department on or before July 31 of each calendar year
.
A grant shall not be awarded for the
purchase, lease or repair
of equipment or capital
construction
, but may include textbooks or manuals
. A grant awarded t
o
an industry partnership
to implement industry identified solutions shall be for a period not to exceed two (2) years and shall not exceed one million dollars ($1,000,000.00) for the first year and shall not exceed eight hundred seventy
-
five thousand dollars ($875,000.00) for the second year. Thereafter, no state assistance shall be provided for the industry partnership to implement industry identified solutions funded under this section.

(
f
)

The department shall provide technical assistance to grantees
during
the grant period.

(
g
)

Following review of all applications submitted under this section, the department shall notify each applicant of the department’s decision and shall provide each applicant a written statement of reasons for approving or denying the application. If the application is approved, the department shall award the grant from the amounts made available by the legislative appropriation for purposes of this section.

9
‑
2
‑
290
6
.

Evaluation; r
eports; rulemaking
.

(a)

The department shall create and implement an evaluation system that:

(i)

Collects critical industry partnership information on an annual basis or more frequently as determined by the department;

(ii)

Defines the benefits of the partnership and its activities to employers, workers and communities
; and

(iii)

Provides performance information to
t
he public and workforce stakeholders.

(b)

The department shall coordinate year

end reviews of each industry partnership grantee and produce a comprehensive industry sector overview report that includes the results of the industry partnership grantee in meeting the goals pursuant to W.S. 9
‑
2
‑
2904(a).

(
c
)

The department shall consult with the council before final adoption of rules and regulations under this section.

(
d
)

By

September
1, 201
0
, the department shall report to the joint minerals, business and economic development
interim
committee on the funds awarded under this a
r
t
icle. The report shall include
partnerships funded
,
the impact of the partnerships
,
any
industry identified
solutions
,

the impact
of the
industry identified
solutions
on current, projected and emerging s
hortages in the Wyoming economy,
industry, employer and employee participation in
workforce
programs
,

systemic changes that benefited indu
stries, employers and employees,
partners
'
ability to streamline efforts and resources and
the results of the
expenditures
a
ppropriated.

Section 2
.

(a)

There is appropriated
f
our
million
dollars ($4
,
0
00,000.00)

from the
general fund
to the
department
of workforce services
. This appropriation shall be for the period beginning
July 1, 2009
and ending June 30, 201
0
.

This appropriation shall only be expended
for grants awarded pursuant to W.S. 9
‑
2
‑
290
5
(
e
).

(b)

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
June 30, 201
0
.
This appropriation shall

not
be

included in the
department
of workforce service
's
2011-2012 standard biennial budget request.

Section 3
.

(a)

Except as provided in subsection (b) of this section, th
is act is effective July 1, 2009
.

(b)

Section 1
of 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
HB0268