Connecticut 2019 Regular Session

Connecticut House Bill HB05001 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Committee Bill No. 5001
	8	+	January Session, 2019
	9	+	LCO No. 5686
	10	+
	11	+
	12	+	Referred to Committee on HIGHER EDUCATION AND
	13	+	EMPLOYMENT ADVANCEMENT
	14	+
	15	+
	16	+	Introduced by:
	17	+	(HED)
1	18
2	19
3	20
4		-	House Bill No. 5001
5		-
6		-	Public Act No. 19-198
7		-
8		-
9		-	AN ACT REQUIRING A S TUDY OF WORKFORCE TR AINING
10		-	NEEDS IN THE STATE.
	21	+	AN ACT ESTABLISHING A TASK FORCE TO STUD Y WORKFORCE
	22	+	TRAINING NEEDS IN THE STATE.
11	23		Be it enacted by the Senate and House of Representatives in General
12	24		Assembly convened:
13	25
14		-	Section 1. Section 31-11hh of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2019):
16		-	As used in this section and sections 31-11ii and 31-11jj, as amended
17		-	by this act:
18		-	(1) "Administrative costs" means the costs paid or incurred by the
19		-	administrator, including, but not limited to, peer review costs,
20		-	professional fees, allocated staff costs and other out-of-pocket costs
21		-	attributable to the administration and operation of the Workforce
22		-	Training Authority Fund;
23		-	(2) "Administrator" means the [Department of] Labor
24		-	Commissioner;
25		-	(3) "Board" means the Workforce Training Authority established
26		-	pursuant to section 31-11ii, as amended by this act; and
27		-	(4) "Eligible recipient" means a [business] public or private entity [,
28		-	including, but not limited to, those businesses in the bioscience, House Bill No. 5001
	26	+	Section 1. (Effective from passage) (a) There is established a task force 1
	27	+	to study the workforce training needs in the state. The task force shall 2
	28	+	examine (1) the industries in the state that lack access to a workforce 3
	29	+	with the requisite skills training, and (2) any certificate programs or 4
	30	+	programs of higher education that provide skills training or education 5
	31	+	in such industries. 6
	32	+	(b) The task force shall consist of the following members: 7
	33	+	(1) Two appointed by the speaker of the House of Representatives; 8
	34	+	(2) Two appointed by the president pro tempore of the Senate; 9
	35	+	(3) One appointed by the majority leader of the House of 10
	36	+	Representatives; 11
	37	+	(4) One appointed by the majority leader of the Senate; 12 Committee Bill No. 5001
29	38
30		-	Public Act No. 19-198 2 of 11
31	39
32		-	insurance, financial services, advanced manufacturing, digital media,
33		-	green technology and tourism industry sectors] seeking to develop a
34		-	workforce training program, either to grow an existing business or, in
35		-	the case of a public entity, as part of partnership with business entities
36		-	that have made a commitment to hire successful trainees from the
37		-	workforce training program funded by the authority created by section
38		-	31-11ii, as amended by this act.
39		-	Sec. 2. Section 31-11ii of the general statutes is repealed and the
40		-	following is substituted in lieu thereof (Effective October 1, 2019):
41		-	(a) There is established a Workforce Training Authority [that]
42		-	within the Labor Department whose purpose is to oversee the grant
43		-	program described in section 31-11jj, as amended by this act. The
44		-	Workforce Training Authority shall be composed of a board that:
45		-	(1) Until September 30, 2019, shall consist of the following members:
46		-	[(1)] (A) Four appointed by the Governor; [(2)] (B) one appointed by
47		-	the president pro tempore of the Senate; [(3)] (C) one appointed by the
48		-	Senate Republican president pro tempore; [(4)] (D) one appointed by
49		-	the speaker of the House of Representatives; [(5)] (E) one appointed by
50		-	the majority leader of the Senate; [(6)] (F) one appointed by the
51		-	majority leader of the House of Representatives; [(7)] (G) one
52		-	appointed by the minority leader of the Senate; [(8)] (H) one appointed
53		-	by the minority leader of the House of Representatives; [(9)] (I) the
54		-	Labor Commissioner, or the commissioner's designee, who shall serve
55		-	as the chairperson of the board; [(10)] (J) the Commissioner of [the
56		-	Department of] Economic and Commun ity Development, or the
57		-	commissioner's designee; [(11)] (K) the president of the Connecticut
58		-	State Colleges and Universities, or the president's designee; [(12)] (L)
59		-	the president of The University of Connecticut, or the president's
60		-	designee; and [(13)] (M) the Commissioner of Correction, or the
61		-	commissioner's designee. [Each legislatively appointed member shall
62		-	have skill, knowledge or experience in industries and sciences related House Bill No. 5001
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64		-	Public Act No. 19-198 3 of 11
	44	+	(5) One appointed by the minority leader of the House of 13
	45	+	Representatives; and 14
	46	+	(6) One appointed by the minority leader of the Senate. 15
	47	+	(c) Any member of the task force appointed under subdivision (1), 16
	48	+	(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 17
	49	+	of the General Assembly. 18
	50	+	(d) All appointments to the task force shall be made not later than 19
	51	+	thirty days after the effective date of this section. Any vacancy shall be 20
	52	+	filled by the appointing authority. 21
	53	+	(e) The speaker of the House of Representatives and the president 22
	54	+	pro tempore of the Senate shall select the chairpersons of the task force 23
	55	+	from among the members of the task force. Such chairpersons shall 24
	56	+	schedule the first meeting of the task force, which shall be held not 25
	57	+	later than sixty days after the effective date of this section. 26
	58	+	(f) The administrative staff of the joint standing committee of the 27
	59	+	General Assembly having cognizance of matters relating to higher 28
	60	+	education and employment advancement shall serve as administrative 29
	61	+	staff of the task force. 30
	62	+	(g) Not later than January 1, 2020, the task force shall submit a 31
	63	+	report on its findings and recommendations to the joint standing 32
	64	+	committee of the General Assembly having cognizance of matters 33
	65	+	relating to higher education and employment advancement, in 34
	66	+	accordance with the provisions of section 11-4a of the general statutes. 35
	67	+	The task force shall terminate on the date that it submits such report or 36
	68	+	January 1, 2020, whichever is later. 37
	69	+	This act shall take effect as follows and shall amend the following
	70	+	sections:
65	71
66		-	to insurance, financial services, bioscience, advance manufacturing,
67		-	digital media, green technology, and tourism. All initial appointments
68		-	to the board pursuant to this subsection shall be made not later than
69		-	October 1, 2017. Appointed members shall each serve a term that is
70		-	coterminous with the respective appointing authority. Each member
71		-	shall hold office until a successor is appointed. Any vacancy occurring
72		-	on the board, other than by expiration of term, shall be filled in the
73		-	same manner as the original appointment for the balance of the
74		-	unexpired term.] The term of any member appointed under this
75		-	subdivision shall terminate on September 30, 2019;
76		-	(2) On and after October 1, 2019, shall consist of the following
77		-	members: (A) Four appointed by the Governor, one of whom is a
78		-	representative of a community college, one of whom is a
79		-	representative of a state university, one of whom is a representative of
80		-	The University of Connecticut and one of whom is a representative of
81		-	the independent colleges; (B) two appointed by the president pro
82		-	tempore of the Senate, one of whom is a formerly incarcerated
83		-	individual or someone who helps formerly incarcerated individuals
84		-	find employment and one of whom is a representative of the
85		-	Connecticut AFL-CIO; (C) two appointed by the majority leader of the
86		-	Senate, one of whom is a representative of a workforce investment
87		-	board and one of whom is a representative of the Connecticut State
88		-	Building and Construction Trades Council; (D) two appointed by the
89		-	speaker of the House of Representatives, one of whom is a
90		-	representative of The University of Connecticut Health Center and one
91		-	of whom is a representative from a Connecticut affiliate of the National
92		-	Urban League or the National Association for the Advancement of
93		-	Colored People; (E) two appointed by the majority leader of the House
94		-	of Representatives, one of whom is a representative of the Connecticut
95		-	Center for Advanced Technology and one of whom is a representative
96		-	of a Connecticut chamber of the United States Hispanic Chamber of
97		-	Commerce; (F) two appointed by the minority leader of the Senate, one House Bill No. 5001
	72	+	Section 1 from passage New section
	73	+	Committee Bill No. 5001
98	74
99		-	Public Act No. 19-198 4 of 11
100	75
101		-	of whom has skill, knowledge or expertise in the workforce needs of
102		-	the financial services industry and one of whom is a representative
103		-	from the Connecticut Business and Industry Association
104		-	Manufacturers Advisory Council; (G) two appointed by the minority
105		-	leader of the House of Representatives, one of whom is a
106		-	representative from the Connecticut Association of Public School
107		-	Superintendents and one of whom has skill, knowledge and expertise
108		-	in the workforce needs of the digital media industry; (H) the Labor
109		-	Commissioner, or the commissioner's designee, who shall serve as
110		-	chairperson of the board; (I) the Commissioner of Economic and
111		-	Community Development, or the commissioner's designee; (J) the
112		-	Commissioner of Correction, or the commissioner's designee; (K) the
113		-	superintendent of the Technical Education and Career System, or the
114		-	superintendent's designee; and (L) the Commissioner of Agriculture,
115		-	or the commissioner's designee.
116		-	(b) All initial appointments to the board pursuant to subdivision (2)
117		-	of subsection (a) of this section shall be made not later than October 1,
118		-	2019. Appointed members shall each serve a term that is coterminous
119		-	with the respective appointing authority. Each member shall hold
120		-	office until a successor is appointed. Any vacancy occurring on the
121		-	board, other than by expiration of term, shall be filled in the same
122		-	manner as the original appointment for the balance of the unexpired
123		-	term.
124		-	[(b)] (c) The chairperson shall call the first meeting of the board
125		-	appointed under subdivision (2) of subsection (a) of this section not
126		-	later than December 1, [2017] 2019. The board shall meet at such times
127		-	as the chairperson deems necessary.
128		-	[(c)] (d) No member of the board shall receive compensation for
129		-	such member's services.
130		-	[(d)] (e) A majority of the members of said board shall constitute a House Bill No. 5001
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132		-	Public Act No. 19-198 5 of 11
133		-
134		-	quorum for the transaction of any business or the exercise of any
135		-	power of the board. The board may act by a majority of the members
136		-	present at any meeting at which a quorum is in attendance for the
137		-	transaction of any business or the exercise of any power of the board,
138		-	except as otherwise provided in this section.
139		-	[(e)] (f) Notwithstanding any provision of the general statutes, it
140		-	shall not constitute a conflict of interest for a trustee, director, partner,
141		-	officer, manager, shareholder, proprietor, counsel, public official acting
142		-	in his or her official capacity or employee of an eligible recipient, or
143		-	any individual with a financial interest in an eligible recipient, to serve
144		-	as a member of the board, provided such trustee, director, partner,
145		-	officer, manager, shareholder, proprietor, counsel, employee or
146		-	individual shall abstain from deliberation, action or vote by the board
147		-	concerning any matter relating to such eligible recipient, except such
148		-	public official acting in his or her official capacity shall be permitted to
149		-	engage in such deliberation.
150		-	[(f)] (g) The board may develop industry-specific advisory councils
151		-	to provide guidance on job market trends and develop connections
152		-	with the business community.
153		-	Sec. 3. Section 31-11jj of the general statutes is repealed and the
154		-	following is substituted in lieu thereof (Effective October 1, 2019):
155		-	(a) There is established the Workforce Training Authority Fund,
156		-	which shall be an account [in the Department of] within the Labor
157		-	Department. The following moneys shall be deposited in the fund: (1)
158		-	Any moneys received as part of a memorandum of understanding
159		-	with the Workforce Training Authority; (2) all private contributions,
160		-	gifts, grants, donations, bequests or devises received by the fund; and
161		-	(3) to the extent not otherwise prohibited by state or federal law, any
162		-	local, state or federal funds received by the fund. House Bill No. 5001
163		-
164		-	Public Act No. 19-198 6 of 11
165		-
166		-	(b) The Workforce Training Authority Fund shall be used by the
167		-	administrator: (1) To provide training assistance to eligible recipients
168		-	as may be approved by the Workforce Training Authority pursuant to
169		-	subsection (e) of this section, and (2) to pay or reimburse the
170		-	administrator for administrative costs pursuant to subsection [(c)] (h)
171		-	of this section. Such training assistance shall be awarded for the
172		-	purpose of: Developing and implementing training programs for the
173		-	recruitment of businesses to the state and the training or retraining of
174		-	persons in the state to achieve the workforce goals established by the
175		-	Connecticut Employment and Training Commission and the relevant
176		-	sections of the strategic master plan for higher education developed
177		-	pursuant to section 10a-11b. Training assistance shall target job growth
178		-	in the areas of construction, health care, early childhood education,
179		-	insurance, financial services, bioscience, advance manufacturing,
180		-	digital media, green technology, and tourism.
181		-	(c) All expenditures from the Workforce Training Authority Fund,
182		-	except for administrative costs reimbursed to the administrator
183		-	pursuant to subsection (h) of this section, shall be approved by the
184		-	board, provided the board may delegate to staff of the administrator
185		-	the approval of transactions not greater than one hundred thousand
186		-	dollars. Any such approval by the board shall be (1) specific to an
187		-	individual expenditure to be made; (2) for budgeted expenditures with
188		-	such variations as the board may authorize at the time of such budget
189		-	approval; or (3) for training assistance programs to be administered by
190		-	staff of the administrator, subject to limits, eligibility requirements and
191		-	other conditions established by the Workforce Training Authority at
192		-	the time of such program approval.
193		-	(d) The administrator shall provide any necessary staff, office space,
194		-	office systems and administrative support for the operation of the
195		-	Workforce Training Authority Fund in accordance with this section. In
196		-	acting as administrator of the fund, the Labor [Department] House Bill No. 5001
197		-
198		-	Public Act No. 19-198 7 of 11
199		-
200		-	Commissioner shall have and may exercise all of the powers set forth
201		-	in the general statutes, provided expenditures from the fund shall be
202		-	approved by the Workforce Training Authority pursuant to subsection
203		-	(c) of this section.
204		-	(e) The Workforce Training Authority shall establish an application
205		-	and approval process with guidelines and terms for the development
206		-	and implementation of training programs and training assistance
207		-	awarded by the administrator from the Workforce Training Authority
208		-	Fund to any eligible recipient. Such guidelines and terms shall include:
209		-	(1) A requirement that any applicant for training assistance operate in
210		-	the state or propose to relocate operations to the state, in whole or in
211		-	part, as a condition of such training assistance; (2) eligibility
212		-	requirements for training, including a requirement for applicants to
213		-	obtain [matching] funds or in-kind services from nonstate sources; (3)
214		-	a process for preliminary review of applications for strength and
215		-	eligibility by the administrator before such applications are presented
216		-	to the board for consideration; (4) return on investment objectives,
217		-	including, but not limited to, job growth and leveraged investment
218		-	opportunities; (5) a requirement that any [business] entity that receives
219		-	assistance [must] first consider applicants who have completed the
220		-	universal intake form; and (6) such other guidelines and terms as the
221		-	board determines to be necessary and appropriate in furtherance of the
222		-	objectives of this section. In developing such guidelines, the board
223		-	shall include considerations for the size of such businesses and the
224		-	number of workers employed by such businesses. Additionally, the
225		-	board shall give consideration to developing training programs and
226		-	creating career pathways for women, minorities and soon to be
227		-	released and formerly incarcerated individuals.
228		-	(f) Training assistance awarded to eligible recipients from the
229		-	Workforce Training Authority Fund [to eligible recipients] shall be
230		-	used for costs related to facilities, necessary furniture, fixtures and House Bill No. 5001
231		-
232		-	Public Act No. 19-198 8 of 11
233		-
234		-	equipment, development of programs, implementation of training
235		-	programs, materials and supplies, compensation, apprenticeship and
236		-	such other costs that the Workforce Training Authority [Board]
237		-	determines [pursuant to subsection (e) of this section] to be eligible for
238		-	training assistance within the purposes of this section pursuant to
239		-	subsection (e) of this section.
240		-	(g) On July 1, 2018, and prior to [each] the commencement of the
241		-	next fiscal year thereafter, the administrator shall prepare a plan of
242		-	operations and an operating and capital budget for the Workforce
243		-	Training Authority Fund, provided not later than ninety days prior to
244		-	the start of each fiscal year, the administrator shall submit such plan
245		-	and budget to the board of the Workforce Training Authority [Board]
246		-	for its review and approval.
247		-	(h) Administrative costs shall be paid or reimbursed to the
248		-	administrator from the Workforce Training Authority Fund, provided
249		-	the total of such administrative costs in any fiscal year shall not exceed
250		-	five per cent of the total amount of the allotted funding for such fiscal
251		-	year, as determined in the operating budget prepared pursuant to
252		-	subsection (g) of this section. Nothing in this section shall be [deemed]
253		-	construed to require the administrator to risk or expend the funds of
254		-	the Labor Department in connection with the administration of the
255		-	Workforce Training Authority Fund.
256		-	(i) On January 1, 2019, and annually thereafter, the administrator
257		-	shall provide a report of the [activities] expenditures of the Workforce
258		-	Training Authority Fund to the Workforce Training Authority for the
259		-	board's review and approval. Upon such approval, the board shall
260		-	provide such report, in accordance with the provisions of section 11-4a,
261		-	to the joint standing committees of the General Assembly having
262		-	cognizance of matters relating to labor, commerce and employment
263		-	advancement. Such report shall contain available information on the
264		-	status and progress of the operations of the programs funded by and House Bill No. 5001
265		-
266		-	Public Act No. 19-198 9 of 11
267		-
268		-	[funding] resources of the Workforce Training Authority Fund and the
269		-	types, amounts and recipients of financial assistance awarded.
270		-	(j) The administrator shall consult with the office of apprenticeship
271		-	training, the Connecticut Employment and Training Commission, the
272		-	Planning Commission on Higher Education and the administrator of
273		-	the Connecticut Manufacturing Innovation Fund to ensure
274		-	coordination and compatibility of the development and
275		-	implementation of training programs awarded by the Workforce
276		-	Training Authority. [Fund.]
277		-	Sec. 4. (Effective July 1, 2019) (a) Not later than October 1, 2019, the
278		-	Labor Department, in collaboration with workforce development
279		-	boards within the state, shall conduct a study of programs offered to
280		-	individuals seeking employment within the state. The topics of such
281		-	study shall include, but not be limited to:
282		-	(1) The location, ownership and management of workforce
283		-	development board offices within the state;
284		-	(2) The number of employees dedicated to assisting individuals
285		-	seeking employment in each American Job Center office;
286		-	(3) The number of individuals seeking employment who are served
287		-	through each American Job Center office and by which program on an
288		-	annual basis;
289		-	(4) The number of employers, classified by industry, that utilize
290		-	workforce development boards throughout the state;
291		-	(5) The number of individuals who successfully find employment
292		-	through the American Job Centers and the nature of that employment,
293		-	classified by industry;
294		-	(6) The number of individuals who successfully found employment, House Bill No. 5001
295		-
296		-	Public Act No. 19-198 10 of 11
297		-
298		-	then lost that employment, who re-enrolled in an American Job Center
299		-	program;
300		-	(7) The type of training programs;
301		-	(8) Whether activities offered by individual workforce development
302		-	boards are planned in conjunction with the department to maximize
303		-	efficiency and avoid duplication of resources;
304		-	(9) The funding sources for each workforce development board and
305		-	any in-kind contributions offered by the state including, but not
306		-	limited to, office space, utilities and equipment;
307		-	(10) Whether an individual seeking employment can simultaneously
308		-	participate in a state-operated employment program through the
309		-	department and a workforce development board program;
310		-	(11) The methods by which the department and workforce
311		-	development boards coordinate employment programs in each region
312		-	of the state; and
313		-	(12) The methods by which workforce development boards report to
314		-	the department and whether the resources currently allocated to the
315		-	workforce development boards by the department are adequate for the
316		-	operation of the programs offered by the workforce development
317		-	boards.
318		-	(b) Not later than January 1, 2020, the department shall submit, in
319		-	accordance with the provisions of section 11-4a of the general statutes,
320		-	a report to the joint standing committee of the General Assembly
321		-	having cognizance of matters relating to labor detailing the findings of
322		-	the study conducted pursuant to subsection (a) of this section.
323		-	Sec. 5. (NEW) (Effective from passage) Not later than December 31,
324		-	2019, the Labor Commissioner shall post on the eRegulations System a House Bill No. 5001
325		-
326		-	Public Act No. 19-198 11 of 11
327		-
328		-	notice of intent to adopt regulations, in accordance with the provisions
329		-	of chapter 54 of the general statutes, concerning allowances for
330		-	gratuities permitted or applied as part of the minimum fair wage
331		-	pursuant to sections 31-58 and 31-60 of the general statutes. The Labor
332		-	Commissioner shall consult with representatives of the restaurant
333		-	industry prior to posting such notice and shall consider the provisions
334		-	of the Fair Labor Standards Act, 29 USC 203(m)(2) and 29 CFR 531.56,
335		-	and include guidance provided by the United States Department of
336		-	Labor Wage and Hour Division in Field Assistance Bulletin No. 2019-2,
337		-	dated February 15, 2019, and in Wage and Hour Division Opinion
338		-	Letter FLSA 2018-27, dated November 8, 2018, regarding such
339		-	allowances.
340		-	Sec. 6. (Effective from passage) Not later than October 1, 2019, the
341		-	Secretary of the State shall update the official compilation of the
342		-	regulations of Connecticut state agencies posted on the eRegulations
343		-	System to comply with the provisions of chapter 54 of the general
344		-	statutes and section 7 of this act.
345		-	Sec. 7. (Effective from passage and applicable to actions pending on or filed
346		-	on or after said date) Notwithstanding the provisions of chapter 54 of the
347		-	general statutes, section 31-62-E4 of the regulations of Connecticut
348		-	state agencies is repealed.
	80	+	HED Joint Favorable
349	81