Career and technical training grants.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0089.E1

SENATE FILE
NO.
SF0099

Career and technical training grants.

Sponsored by:
Senator(s) Hastert, Esquibel, F., Geis, Massie and Sessions and Representative(s) Byrd, Jaggi, McOmie, Thompson and Throne

A BILL

for

AN ACT relating to labor and employment; establishing a career and technical training scholarship 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 community colleges, the University of Wyoming,
boards of cooperative educational services,
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
that develops or enhances the skills of an individual for specific careers that are based
on the workforce needs of the state as identified by the department
;

(
iii
)

"
Career readiness
score" means qualifying scores on
a multilevel career readiness pre-instructional assessment tool
, pre-approved by the department,
to qualify an individual's level of proficiency in the following measurable work-ready skills:

(A)

R
eading for information
;

(B)

A
pplied mathematics
;

(C)

L
ocating information
;

(D)

Any additional skills necessary to meet business and industry skill demand.

(iv)

"Department" means the department of workforce services.

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 purpose of the career and technical training grant program is to provide career and technical training
grants to develop or enhance the skills of
Wyoming
's workforce based on current, projected or emerging labor shortages in the
Wyoming
economy.

(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 employers
. 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.

(e)

The following shall not be reimbursed under this article:

(i)

Services eligible to be paid for by another public or private program;

(ii)

Services historically paid for by another program or from another source;

(iii)

Continuing education training in an applicant's current trade.
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
twelve (12) months

Wyoming

residence as defined in W.S. 22
‑
1
‑
102(a)(xxx);

(ii)

The trainee has:

(A)

Graduated from high school or has obtained a general equivalency diploma

in accordance with rules adopted by the department of education pursuant to W.S. 21
‑
16
‑
1308(b)(iv)
; and

(B)

Has earned the baseline
career readiness
score
as preapproved by the department
under this article for the type of
training to be undertaken
.
However, the department may provide by rule and regulation for a
n
application and approval process using alternative criteria that are the functional equivalent of the
career readiness score.

(b)

No trainee shall be eligible for a grant under this article for more than the equivalent of
two (2)
years. No trainee shall be eligible for a grant under this article for any period commencing after
four (4)
calendar years following the trainee's initial eligibility. For purposes of this subsection a trainee's initial eligibility shall be deemed to commence

on the program start date identified on the application or the date the program actually begins, whichever is earlier.
The department shall by rule and regulation establish exceptions to this subsection for military service, religious serv
ice and other good cause shown.

(c)

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)

Is not eligible to hold a license or is otherwise disqualified to be employed in the occupation for which the training is sought;

(vii)

Has been the recipient of more than two (2) semesters of the Hathaway scholarship during the five (5) year period before the date of application; or

(vi
i
i)

Does not otherwise qualify under this article for a grant.

(d)

An eligible trainee under the age of twenty-one (21) may receive up to the equivalent of fifty percent (50%) of the Hathaway performance scholarship award pursuant to W.S. 21-16-1304. An eligible trainee age twenty-one (21) or older may receive up to the equivalent of one hundred percent (100%) of the Hathaway performance scholarship.

(e)

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

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
. Grantees shall enter
into a
contract
with the department providing that the trainee shall work in
Wyoming
in the
trade
for which the trainee receives training for the period provided in the department's rules.

Commitment duration shall be based on the value of the
training
opportunity
,
shall be commensurate with the magnitude of the grant

and shall not be less than the length of the grantee's training program or two (2) years, whichever is less. For purposes of this subsection, "work in Wyoming" means that the grantee is employed for at least eighty percent (80%) of the grantee's paid work hours in the trade for which the grant was awarded.

(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 on behalf of the trainee under the agreement, together with costs of collection and attorney fees.
The department shall by rule and regulation establish exceptions to this subsection for military service, religious service and other good cause shown.

(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
June
1, 20
10
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
one
million dollars ($
1
,
000
,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.

Upon the award of a career and technical training grant, the department shall set aside and encumber the full amount and cost of any grant awarded for the entire period of the grant. The department shall establish by rule and regulation when an awarded grant shall terminate. Upon termination of a grant, any unexpended portion of the grant shall be available to fund additional grants as provided 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
June 30
, 2010.

Any obligated funds shall revert after June 30, 2010 upon the termination of the grant which encumbered those funds.

(b)

There is appropriated
one
hundred thousand dollars ($
100
,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
career readiness
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 Ju
ne

30
, 2010.

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
SF0099