Career and technical training grants.

2015
STATE OF WYOMING
15LSO-0433
Numbered
2.1

SENATE FILE

NO.
SF0121

Career and technical training grants.

Sponsored by:
Senator(s) Hastert, Craft, Rothfuss and Von Flatern and Representative(s) Byrd, Freeman, Krone, Throne and Wilson

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 grant criteria as specified; establishing the career and technical training grants account; 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
‑
10
6
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
)

"Account" means the career and technical training grants account created by W.S. 27
‑
15
‑
103(a);

(
i
i)

"Approved career and technical training provider" means a Wyoming community college providing career and technical training in Wyoming;

(i
i
i)

"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;

(
i
v)

"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
from funds i
n the account established by W.
S.
27
‑
15
‑
103(a)

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 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; account established
; limitations on grants
.

(a)

The career and technical training grants account is created. The account shall consist of those funds appropriated to the account by the legislature and all monies received from federal grants and other contributions, grants, gifts, transfers, bequests and
donations to the account. The account is specifically empowered to accept grants, gifts, transfers, bequests and donations
from public or private sources
. Funds in the account are continuously appropriated to the department for the purpose of providing grants as provided in this
article
.

(
b
)

Funds shall be accumulated in the account and no grants awarded until the balance in the account reaches two million dollars ($2,000,000.00)
.

27
‑
15
‑
104
.

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 residence in
Wyoming
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 the baseline
prerequisites, ability and skills necessary to meet business and industry demand
as preapproved by the department under this article for the type of training to be undertaken.
T
he department
shall
provide by rule and regulation for
appropriate
criteria
to implement this subparagraph
.

(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
the trainee
:

(
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 readiness test
ing for the
type of
training
to be undertaken
. Any
additional testing
to improve an applicant's score shall be at the applicant's expense.

27
‑
15
‑
105
.

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, "
in the trade
" means that the grantee is employed
in Wyoming
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 all funds provided on behalf of the trainee under the agreement
for the contract period during which the breach occurred
, 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
‑
106
.

Legislative report.

The department shall report by June 1, 201
6
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 fi
fty
thousand dollars ($50,000.00) from the general fund to the
career and technical training grants account
. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 201
6
. 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
, subject to W.S. 27
‑
15
‑
103
. 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, 2016
.
Any obligated funds
shall revert after June 30, 2016
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, 201
6
. This appropriation shall only be expended for the purpose of administering the career and technical assistance grant program established by this act, including initial
trainee
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 June 30, 2016.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
SF0121