Career and technical training grants.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0363.E1

SENATE FILE
NO.
SF0118

Career and technical training grants.

Sponsored by:
Senator(s) Hastert, Cooper, Martin, Rothfuss and Von Flatern and Representative(s) Connolly, Craft, Freeman, Krone and Loucks

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 appropriation
s
; 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 preinstructional assessment tool, preapproved by the department, to qualify an individual's level of proficiency in the following measurable work-ready skills:

(A)

Reading for information;

(B)

Applied mathematics;

(C)

Locating 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
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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 an 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 service 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
any
Hathaway scholarship
under W.S. 21
‑
16
‑
1301 through 21
‑
16
‑
1310
during the five (5) year period before the date of application; or

(viii)

Does not otherwise qualify under this article for a grant.

(
d
)

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
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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
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15
‑
105.

Legislative report.

The department shall report by June 1, 2012 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
five hundred thousand
dollars ($
5
00,000.00) 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, 2012. 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.
Grants shall not exceed one thousand six hundred dollars ($1,600.00) per year per eligible grantee.
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, 2012.
Any obligated funds shall revert after June 30, 2012 upon the termination of the grant which encumbered those funds.

(b)

There is appropriated fifty thousand dollars ($50,000.00) 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, 2012. 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 pro
vided by law on June 30, 2012.
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)

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SF0118