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3 | 3 | | LCO No. 2014 1 of 18 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 5384 |
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6 | 6 | | February Session, 2020 |
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7 | 7 | | LCO No. 2014 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on LABOR AND PUBLIC EMPLOYEES |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (LAB) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT MAKING MINOR AND TECHNICAL CHANGE S TO LABOR |
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20 | 20 | | DEPARTMENT STATUTES. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Section 10-95h of the general statutes is repealed and the 1 |
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25 | 25 | | following is substituted in lieu thereof (Effective from passage): 2 |
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26 | 26 | | (a) Not later than November thirtieth each year, the joint standing 3 |
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27 | 27 | | committees of the General Assembly having cognizance of matters 4 |
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28 | 28 | | relating to education, higher education and employment advancement 5 |
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29 | 29 | | and labor shall meet with the chairperson of the Technical Education 6 |
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30 | 30 | | and Career System board and the superintendent of the Technical 7 |
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31 | 31 | | Education and Career System, the Labor Commissioner and such other 8 |
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32 | 32 | | persons as they deem appropriate to consider the items submitted 9 |
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33 | 33 | | pursuant to subsection (b) of this section. 10 |
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34 | 34 | | (b) On or before November fifteenth, annually: 11 |
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35 | 35 | | (1) The Labor Commissioner shall submit the following to the joint 12 |
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36 | 36 | | standing committees of the General Assembly having cognizance of 13 |
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37 | 37 | | matters relating to education, higher education and employment 14 |
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38 | 38 | | Raised Bill No. 5384 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 2014 2 of 18 |
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43 | 43 | | |
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44 | 44 | | advancement and labor: (A) Information identifying general economic 15 |
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45 | 45 | | trends in the state; (B) occupational information regarding the public 16 |
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46 | 46 | | and private sectors, such as continuous data on occupational 17 |
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47 | 47 | | movements; and (C) information identifying emerging regional, state 18 |
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48 | 48 | | and national workforce needs over the next [thirty] ten years. 19 |
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49 | 49 | | (2) The superintendent of the Technical Education and Career System 20 |
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50 | 50 | | shall submit the following to the joint standing committees of the 21 |
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51 | 51 | | General Assembly having cognizance of matters relating to education, 22 |
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52 | 52 | | higher education and employment advancement and labor: (A) 23 |
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53 | 53 | | Information ensuring that the curriculum of the Technical Education 24 |
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54 | 54 | | and Career System is incorporating those workforce skills that will be 25 |
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55 | 55 | | needed for the next [thirty] ten years, as identified by the Labor 26 |
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56 | 56 | | Commissioner in subdivision (1) of this subsection, into the technical 27 |
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57 | 57 | | education and career schools; (B) information regarding the 28 |
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58 | 58 | | employment status of students who graduate from or complete an 29 |
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59 | 59 | | approved program of study at the Technical Education and Career 30 |
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60 | 60 | | System, including, but not limited to: (i) Demographics such as age and 31 |
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61 | 61 | | gender, (ii) course and program enrollment and completion, (iii) 32 |
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62 | 62 | | employment status, and (iv) wages prior to enrolling and after 33 |
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63 | 63 | | graduating; (C) an assessment of the adequacy of the resources available 34 |
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64 | 64 | | to the Technical Education and Career System as the system develops 35 |
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65 | 65 | | and refines programs to meet existing and emerging workforce needs; 36 |
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66 | 66 | | (D) recommendations to the Technical Education and Career System 37 |
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67 | 67 | | board to carry out the provisions of subparagraphs (A) to (C), inclusive, 38 |
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68 | 68 | | of this subdivision; (E) information regarding staffing at each technical 39 |
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69 | 69 | | education and career school for the current academic year; and (F) 40 |
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70 | 70 | | information regarding the transition process of the Technical Education 41 |
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71 | 71 | | and Career System as an independent agency, including, but not limited 42 |
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72 | 72 | | to, the actions taken by the Technical Education and Career System 43 |
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73 | 73 | | board and the superintendent to create a budget process and maintain 44 |
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74 | 74 | | programmatic consistency for students enrolled in the technical 45 |
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75 | 75 | | education and career system. The superintendent shall collaborate with 46 |
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76 | 76 | | the Labor Commissioner to obtain information as needed to carry out 47 |
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77 | 77 | | Raised Bill No. 5384 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LCO No. 2014 3 of 18 |
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82 | 82 | | |
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83 | 83 | | the provisions of this subsection. 48 |
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84 | 84 | | Sec. 2. Section 31-3b of the general statutes is repealed and the 49 |
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85 | 85 | | following is substituted in lieu thereof (Effective from passage): 50 |
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86 | 86 | | [(a) The Labor Commissioner shall appoint a job training coordinator 51 |
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87 | 87 | | who shall develop and implement innovative programs which will 52 |
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88 | 88 | | provide (1) job training for (A) workers who are needed by industries 53 |
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89 | 89 | | planning to locate in Connecticut or by industries located in this state, 54 |
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90 | 90 | | (B) unskilled entry level workers, (C) workers in need of retraining due 55 |
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91 | 91 | | to the obsolescence of their skills and (D) workers who need skill 56 |
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92 | 92 | | training to qualify for advancement, (2) an incentive for the 57 |
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93 | 93 | | establishment of apprenticeship programs in selected occupations; 58 |
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94 | 94 | | provided no program shall be developed for occupations where prior 59 |
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95 | 95 | | skill or training is not typically a prerequisite to hiring, and (3) work 60 |
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96 | 96 | | training opportunities and placement of the chronically unemployed 61 |
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97 | 97 | | under section 31-3d. 62 |
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98 | 98 | | (b) The Labor Commissioner is authorized to establish an interagency 63 |
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99 | 99 | | program coordinating committee to coordinate the application of all 64 |
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100 | 100 | | available resources for the purposes of this section. Said committee shall 65 |
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101 | 101 | | consist of representatives of various employment and training agencies 66 |
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102 | 102 | | within the Labor Department and representatives of the Department of 67 |
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103 | 103 | | Education and the Department of Economic and Community 68 |
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104 | 104 | | Development.] 69 |
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105 | 105 | | [(c)] (a) The Labor Commissioner may contract with any public or 70 |
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106 | 106 | | private agency for educational and job training services. 71 |
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107 | 107 | | [(d)] (b) The Labor Commissioner may accept and receive funds from 72 |
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108 | 108 | | any public or private source which become available for the purposes of 73 |
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109 | 109 | | this section and section 31-3d. 74 |
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110 | 110 | | Sec. 3. Section 31-3h of the general statutes is repealed and the 75 |
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111 | 111 | | following is substituted in lieu thereof (Effective from passage): 76 |
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112 | 112 | | Raised Bill No. 5384 |
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113 | 113 | | |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | LCO No. 2014 4 of 18 |
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117 | 117 | | |
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118 | 118 | | (a) There is created, within the Labor Department, the Connecticut 77 |
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119 | 119 | | Employment and Training Commission. 78 |
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120 | 120 | | (b) The duties and responsibilities of the commission shall include: 79 |
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121 | 121 | | (1) Carrying out the duties and responsibilities of a state [job training 80 |
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122 | 122 | | coordinating council] workforce development board pursuant to the 81 |
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123 | 123 | | federal [Job Training Partnership Act, 29 USC 1532] Workforce 82 |
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124 | 124 | | Innovation and Opportunity Act, 29 USC 3101, et seq., as amended from 83 |
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125 | 125 | | time to time, [a state human resource investment council pursuant to 29 84 |
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126 | 126 | | USC 1501 et seq., as amended from time to time,] and such other related 85 |
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127 | 127 | | entities as the Governor may direct; 86 |
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128 | 128 | | (2) Reviewing all employment and training programs in the state to 87 |
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129 | 129 | | determine their success in leading to and obtaining the goal of economic 88 |
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130 | 130 | | self-sufficiency and to determine if such programs are serving the needs 89 |
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131 | 131 | | of Connecticut's workers, employers and economy; 90 |
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132 | 132 | | (3) Reviewing and commenting on all employment and training 91 |
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133 | 133 | | programs enacted by the General Assembly; 92 |
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134 | 134 | | (4) Implementing the federal Workforce Innovation and Opportunity 93 |
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135 | 135 | | Act of 2014, P.L. 113-128, as amended from time to time. Such 94 |
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136 | 136 | | implementation shall include (A) developing, in consultation with the 95 |
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137 | 137 | | regional workforce development boards, a single Connecticut 96 |
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138 | 138 | | workforce development plan that (i) complies with the provisions of 97 |
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139 | 139 | | said act and section 31-11p, and (ii) includes comprehensive state 98 |
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140 | 140 | | performance measures for workforce development activities specified 99 |
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141 | 141 | | in Title I of the federal Workforce Innovation and Opportunity Act of 100 |
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142 | 142 | | 2014, P.L. 113-128, as amended from time to time, which performance 101 |
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143 | 143 | | measures comply with the requirements of 20 CFR Part 666.100, (B) 102 |
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144 | 144 | | making recommendations to the General Assembly concerning the 103 |
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145 | 145 | | allocation of funds received by the state under said act and making 104 |
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146 | 146 | | recommendations to the regional workforce development boards 105 |
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147 | 147 | | concerning the use of formulas in allocating such funds to adult 106 |
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148 | 148 | | employment and job training activities and youth activities, as specified 107 |
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149 | 149 | | Raised Bill No. 5384 |
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150 | 150 | | |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | LCO No. 2014 5 of 18 |
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154 | 154 | | |
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155 | 155 | | in said act, (C) providing oversight and coordination of the state-wide 108 |
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156 | 156 | | employment statistics system required by said act, (D) as appropriate, 109 |
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157 | 157 | | recommending to the Governor that the Governor apply for workforce 110 |
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158 | 158 | | flexibility plans and waiver authority under said act, after consultation 111 |
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159 | 159 | | with the regional workforce development boards, (E) developing 112 |
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160 | 160 | | performance criteria for regional workforce development boards to 113 |
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161 | 161 | | utilize in creating a list of eligible providers, and (F) on or before 114 |
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162 | 162 | | December 31, 1999, developing a uniform individual training accounts 115 |
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163 | 163 | | voucher system that shall be used by the regional workforce 116 |
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164 | 164 | | development boards to pay for training of eligible workers by eligible 117 |
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165 | 165 | | providers, as required under said act; 118 |
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166 | 166 | | (5) Developing and overseeing a plan for the co ntinuous 119 |
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167 | 167 | | improvement of the regional workforce development boards 120 |
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168 | 168 | | established pursuant to section 31-3k, as amended by this act; 121 |
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169 | 169 | | (6) Developing incumbent worker, and vocational and manpower 122 |
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170 | 170 | | training programs, including customized job training programs to 123 |
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171 | 171 | | enhance the productivity of Connecticut businesses and to increase the 124 |
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172 | 172 | | skills and earnings of underemployed and at-risk workers, and other 125 |
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173 | 173 | | programs administered by the regional workforce development boards. 126 |
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174 | 174 | | The Labor Department, in collaboration with the regional workforce 127 |
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175 | 175 | | development boards, shall implement any incumbent worker and 128 |
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176 | 176 | | customized job training programs developed by the commission 129 |
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177 | 177 | | pursuant to this subdivision; and 130 |
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178 | 178 | | (7) Developing a strategy for providing comprehensive services to 131 |
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179 | 179 | | eligible youths, which strategy shall include developing youth 132 |
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180 | 180 | | preapprentice and apprentice programs through, but not limited to, 133 |
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181 | 181 | | technical education and career schools, and improving linkages 134 |
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182 | 182 | | between academic and occupational learning and other youth 135 |
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183 | 183 | | development activities. [; and 136 |
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184 | 184 | | (8) Coordinating an electronic state hiring campaign to encourage the 137 |
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185 | 185 | | reemployment of workers fifty years of age or older to be administered 138 |
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186 | 186 | | Raised Bill No. 5384 |
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189 | 189 | | |
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190 | 190 | | LCO No. 2014 6 of 18 |
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191 | 191 | | |
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192 | 192 | | through the Labor Department's Internet web site, which shall include 139 |
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193 | 193 | | testimony from various employers that demonstrates the value of hiring 140 |
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194 | 194 | | and retaining workers fifty years of age or older. Not later than January 141 |
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195 | 195 | | 1, 2015, the commission shall submit a report, in accordance with section 142 |
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196 | 196 | | 11-4a, to the joint standing committee of the General Assembly having 143 |
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197 | 197 | | cognizance of matters relating to labor on the status of such campaign.] 144 |
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198 | 198 | | Sec. 4. Section 31-3j of the general statutes is repealed and the 145 |
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199 | 199 | | following is substituted in lieu thereof (Effective from passage): 146 |
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200 | 200 | | As used in sections 31-3j to 31-3r, inclusive, as amended by this act: 147 |
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201 | 201 | | (1) "Board" means a regional work force development board 148 |
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202 | 202 | | established under section 31-3k, as amended by this act; 149 |
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203 | 203 | | (2) "Commission" means the Connecticut Employment and Training 150 |
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204 | 204 | | Commission created under section 31-3h, as amended by this act; 151 |
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205 | 205 | | (3) "Commissioner" means the Labor Commissioner; 152 |
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206 | 206 | | (4) ["Job Training Partnership Act"] "Workforce Innovation and 153 |
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207 | 207 | | Opportunity Act" means the federal [Job Training Partnership Act, 29 154 |
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208 | 208 | | USC 1501] Workforce Innovation and Opportunity Act, 29 USC 3101, et 155 |
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209 | 209 | | seq., as from time to time amended; 156 |
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210 | 210 | | (5) "Municipality" means a town, city, borough, consolidated town 157 |
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211 | 211 | | and city or consolidated town and borough; 158 |
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212 | 212 | | (6) "Work force development region" or "region" means an area 159 |
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213 | 213 | | designated as a service delivery area in accordance with the provisions 160 |
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214 | 214 | | of the [Job Training Partnership Act] Workforce Innovation and 161 |
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215 | 215 | | Opportunity Act. 162 |
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216 | 216 | | Sec. 5. Section 31-3k of the general statutes is repealed and the 163 |
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217 | 217 | | following is substituted in lieu thereof (Effective from passage): 164 |
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218 | 218 | | (a) There is established within the Labor Department a regional work 165 |
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219 | 219 | | Raised Bill No. 5384 |
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222 | 222 | | |
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223 | 223 | | LCO No. 2014 7 of 18 |
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224 | 224 | | |
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225 | 225 | | force development board for each work force development region in the 166 |
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226 | 226 | | state. Each board shall assess the needs and priorities for investing in 167 |
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227 | 227 | | the development of human resources within the region and shall 168 |
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228 | 228 | | coordinate a broad range of employment, education, training and 169 |
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229 | 229 | | related services that shall be focused on client-centered, lifelong 170 |
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230 | 230 | | learning and shall be responsive to the needs of local business, industry, 171 |
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231 | 231 | | the region, its municipalities and its citizens. 172 |
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232 | 232 | | (b) Each board, within its region, shall: 173 |
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233 | 233 | | (1) Carry out the duties and responsibilities of a [private industry 174 |
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234 | 234 | | council under the Job Training Partnership Act, provided the private 175 |
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235 | 235 | | industry council within the region elects by a vote of its members to 176 |
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236 | 236 | | become a board and the Labor Commissioner approves the council as a 177 |
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237 | 237 | | regional work force development board] workforce development board 178 |
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238 | 238 | | pursuant to the Workforce Innovation and Opportunity Act. 179 |
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239 | 239 | | (2) Within existing resources and consistent with the state 180 |
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240 | 240 | | employment and training information system and any guidelines issued 181 |
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241 | 241 | | by the commissioner under subsection (b) of section 31-2, (A) assess 182 |
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242 | 242 | | regional needs and identify regional priorities for employment and 183 |
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243 | 243 | | training programs, including, but not limited to, an assessment of the 184 |
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244 | 244 | | special employment needs of unskilled and low-skilled unemployed 185 |
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245 | 245 | | persons, including persons receiving state-administered general 186 |
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246 | 246 | | assistance or short-term unemployment assistance, (B) conduct 187 |
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247 | 247 | | planning for regional employment and training programs, (C) 188 |
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248 | 248 | | coordinate such programs to ensure that the programs respond to the 189 |
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249 | 249 | | needs of labor, business and industry, municipalities within the region, 190 |
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250 | 250 | | the region as a whole, and all of its citizens, (D) serve as a clearinghouse 191 |
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251 | 251 | | for information on all employment and training programs in the region, 192 |
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252 | 252 | | (E) prepare and submit an annual plan containing the board's priorities 193 |
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253 | 253 | | and goals for regional employment and training programs to the 194 |
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254 | 254 | | commissioner and the commission for their review and approval, (F) 195 |
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255 | 255 | | review grant proposals and plans submitted to state agencies for 196 |
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256 | 256 | | employment and training programs that directly affect the region to 197 |
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257 | 257 | | Raised Bill No. 5384 |
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258 | 258 | | |
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259 | 259 | | |
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260 | 260 | | |
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261 | 261 | | LCO No. 2014 8 of 18 |
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262 | 262 | | |
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263 | 263 | | determine whether such proposals and plans are consistent with the 198 |
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264 | 264 | | annual regional plan prepared under subparagraph (E) of this 199 |
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265 | 265 | | subdivision and inform the commission and each state agency 200 |
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266 | 266 | | concerned of the results of the review, (G) evaluate the effectiveness of 201 |
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267 | 267 | | employment and training programs within the region in meeting the 202 |
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268 | 268 | | goals contained in the annual regional plan prepared under 203 |
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269 | 269 | | subparagraph (E) of this subdivision and report its findings to the 204 |
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270 | 270 | | commissioner and the commission on an annual basis, (H) ensure the 205 |
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271 | 271 | | effective use of available employment and training resources in the 206 |
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272 | 272 | | region, and (I) allocate funds where applicable for program operations 207 |
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273 | 273 | | in the region. 208 |
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274 | 274 | | (3) Provide information to the commissioner concerning (A) all 209 |
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275 | 275 | | employment and training programs, grants or funds to be effective or 210 |
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276 | 276 | | available in the region in the following program year, (B) the source and 211 |
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277 | 277 | | purpose of such programs, grants or funds, (C) the projected amount of 212 |
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278 | 278 | | such programs, grants or funds, (D) persons, organizations and 213 |
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279 | 279 | | institutions eligible to participate in such programs or receive such 214 |
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280 | 280 | | grants or funds, (E) characteristics of clients eligible to receive services 215 |
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281 | 281 | | pursuant to such programs, grants or funds, (F) the range of services 216 |
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282 | 282 | | available pursuant to such programs, grants or funds, (G) goals of such 217 |
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283 | 283 | | programs, grants or funds, (H) where applicable, schedules for 218 |
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284 | 284 | | submitting requests for proposals, planning instructions, proposals and 219 |
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285 | 285 | | plans, in connection with such programs, grants or funds, (I) the 220 |
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286 | 286 | | program period for such programs, grants or funds, and (J) any other 221 |
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287 | 287 | | data relating to such programs, grants or funds that the commissioner 222 |
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288 | 288 | | or the commission deems essential for effective state planning. 223 |
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289 | 289 | | (4) Carry out the duties and responsibilities of the local board for 224 |
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290 | 290 | | purposes of the federal Workforce Innovation and Opportunity Act. [of 225 |
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291 | 291 | | 2014, P.L. 113-128, as from time to time amended. 226 |
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292 | 292 | | (5) Establish a worker training education committee comprised of 227 |
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293 | 293 | | persons from the education and business communities within the 228 |
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294 | 294 | | region, including, but not limited to, regional community-technical 229 |
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295 | 295 | | Raised Bill No. 5384 |
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296 | 296 | | |
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297 | 297 | | |
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298 | 298 | | |
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299 | 299 | | LCO No. 2014 9 of 18 |
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300 | 300 | | |
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301 | 301 | | colleges and technical education and career schools.] 230 |
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302 | 302 | | (c) Each board shall make use of grants or contracts with appropriate 231 |
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303 | 303 | | service providers to furnish all program services under sections 31-3j to 232 |
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304 | 304 | | 31-3r, inclusive, as amended by this act, unless the commission concurs 233 |
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305 | 305 | | with the board that direct provision of a service by the board is 234 |
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306 | 306 | | necessary to assure adequate availability of the service or that a service 235 |
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307 | 307 | | of comparable quality can be provided more economically by the board. 236 |
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308 | 308 | | Any board seeking to provide services directly shall include in the 237 |
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309 | 309 | | annual regional plan submitted to the commissioner and the 238 |
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310 | 310 | | commission under subparagraph (E) of subdivision (2) of subsection (b) 239 |
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311 | 311 | | of this section its plan to provide services directly and appropriate 240 |
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312 | 312 | | justification for the need to do so. When the decision to provide services 241 |
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313 | 313 | | directly must be made between annual planning cycles, the board shall 242 |
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314 | 314 | | submit to the commissioner and the commission a plan of service and 243 |
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315 | 315 | | appropriate justification for the need to provide services directly. Such 244 |
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316 | 316 | | plan of service shall be subject to review and approval by the 245 |
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317 | 317 | | commission. 246 |
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318 | 318 | | (d) On October 1, 2002, and annually thereafter, each board shall 247 |
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319 | 319 | | submit to the Labor Department comprehensive performance measures 248 |
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320 | 320 | | detailing the results of any education, employment or job training 249 |
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321 | 321 | | program or activity funded by moneys allocated to the board, including, 250 |
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322 | 322 | | but not limited to, programs and activities specified in the federal 251 |
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323 | 323 | | Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as 252 |
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324 | 324 | | from time to time amended. Such performance measures shall include, 253 |
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325 | 325 | | but shall not be limited to, the identity and performance of any vendor 254 |
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326 | 326 | | that enters into a contract with the board to conduct, manage or assist 255 |
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327 | 327 | | with such programs or activities, the costs associated with such 256 |
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328 | 328 | | programs or activities, the number, gender and race of persons served 257 |
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329 | 329 | | by such programs or activities, the number, gender and race of persons 258 |
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330 | 330 | | completing such programs or activities, occupational skill types, the 259 |
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331 | 331 | | number, gender and race of persons who enter unsubsidized 260 |
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332 | 332 | | employment upon completion of such programs or activities, the 261 |
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333 | 333 | | number, gender and race of persons who remain in unsubsidized 262 |
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334 | 334 | | Raised Bill No. 5384 |
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337 | 337 | | |
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338 | 338 | | LCO No. 2014 10 of 18 |
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339 | 339 | | |
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340 | 340 | | employment six months later and the earnings received by such 263 |
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341 | 341 | | persons. 264 |
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342 | 342 | | Sec. 6. Section 31-3l of the general statutes is repealed and the 265 |
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343 | 343 | | following is substituted in lieu thereof (Effective from passage): 266 |
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344 | 344 | | The members of a board shall be appointed by the chief elected 267 |
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345 | 345 | | officials of the municipalities in the region in accordance with the 268 |
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346 | 346 | | provisions of an agreement entered into by such municipalities. In the 269 |
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347 | 347 | | absence of an agreement the appointments shall be made by the 270 |
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348 | 348 | | Governor. The membership of each board shall satisfy the requirements 271 |
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349 | 349 | | [for a private industry council as provided under the Job Training 272 |
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350 | 350 | | Partnership Act and the requirements of the federal] of the Workforce 273 |
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351 | 351 | | Innovation and Opportunity Act. [of 2014, P.L. 113-128, as from time to 274 |
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352 | 352 | | time amended. To the extent consistent with such requirements: (1) 275 |
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353 | 353 | | Business members shall constitute a majority of each board and shall 276 |
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354 | 354 | | include owners of businesses, chief executives or chief operating officers 277 |
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355 | 355 | | of nongovernmental employers, or other business executives who have 278 |
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356 | 356 | | substantial management or policy responsibilities. Whenever possible, 279 |
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357 | 357 | | at least one-half of the business and industry members shall be 280 |
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358 | 358 | | representatives of small businesses, including minority businesses; (2) 281 |
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359 | 359 | | the nonbusiness members shall include representatives of community-282 |
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360 | 360 | | based organizations, state and local organized labor, state and 283 |
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361 | 361 | | municipal government, human service agencies, economic 284 |
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362 | 362 | | development agencies and regional community-technical colleges and 285 |
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363 | 363 | | other educational institutions, including secondary and postsecondary 286 |
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364 | 364 | | institutions and regional vocational technical schools; (3) the 287 |
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365 | 365 | | nonbusiness representatives shall be selected by the appointing 288 |
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366 | 366 | | authority from among individuals nominated by the commissioner and 289 |
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367 | 367 | | the organizations, agencies, institutions and groups set forth in 290 |
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368 | 368 | | subdivisions (2) and (5) of this section, and each appointing authority 291 |
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369 | 369 | | shall solicit nominations from the commissioner and the organizations, 292 |
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370 | 370 | | agencies, institutions and groups set forth in subdivisions (2) and (5) of 293 |
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371 | 371 | | this section; (4) labor representatives shall be selected from individuals 294 |
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372 | 372 | | recommended by recognized state and local labor federations in a 295 |
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373 | 373 | | Raised Bill No. 5384 |
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374 | 374 | | |
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375 | 375 | | |
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376 | 376 | | |
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377 | 377 | | LCO No. 2014 11 of 18 |
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378 | 378 | | |
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379 | 379 | | manner consistent with the federal Job Training Partnership Act and the 296 |
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380 | 380 | | federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-297 |
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381 | 381 | | 128, as from time to time amended; (5) the board shall represent the 298 |
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382 | 382 | | interests of a broad segment of the population of the region, including 299 |
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383 | 383 | | the interests of welfare recipients, persons with disabilities, veterans, 300 |
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384 | 384 | | dislocated workers, younger and older workers, women, minorities and 301 |
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385 | 385 | | displaced homemakers; and (6) in each region where a private industry 302 |
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386 | 386 | | council has elected by a vote of its members to become a regional work 303 |
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387 | 387 | | force development board and the commissioner has approved the 304 |
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388 | 388 | | council as a board, the initial membership of each board shall include, 305 |
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389 | 389 | | but not be limited to, the business members of the private industry 306 |
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390 | 390 | | council in the region.] 307 |
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391 | 391 | | Sec. 7. Section 31-3n of the general statutes is repealed and the 308 |
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392 | 392 | | following is substituted in lieu thereof (Effective from passage): 309 |
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393 | 393 | | (a) The commissioner, in consultation with the commission, [shall] 310 |
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394 | 394 | | may adopt regulations in accordance with chapter 54 to carry out the 311 |
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395 | 395 | | provisions of sections 31-3j to 31-3r, inclusive, as amended by this act. 312 |
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396 | 396 | | The regulations [shall] may establish criteria for the organization and 313 |
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397 | 397 | | operation of the board and for ensuring that the membership of each 314 |
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398 | 398 | | board satisfies the requirements of section 31-3l, as amended by this act. 315 |
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399 | 399 | | (b) The commissioner, acting through the commission, shall facilitate 316 |
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400 | 400 | | communication and exchange of information between the boards and 317 |
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401 | 401 | | state agencies involved in employment and training. 318 |
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402 | 402 | | (c) The commissioner shall distribute all information received under 319 |
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403 | 403 | | the provisions of sections 31-3j to 31-3r, inclusive, as amended by this 320 |
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404 | 404 | | act, to the commission in order to ensure that the review and 321 |
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405 | 405 | | coordination duties of the commission are effectively carried out. 322 |
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406 | 406 | | (d) The commissioner shall submit each annual regional plan 323 |
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407 | 407 | | prepared pursuant to subparagraph (E) of subdivision (2) of subsection 324 |
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408 | 408 | | (b) of section 31-3k, as amended by this act, together with the 325 |
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409 | 409 | | recommendations of the commissioner and the commission, to the 326 |
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410 | 410 | | Raised Bill No. 5384 |
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411 | 411 | | |
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412 | 412 | | |
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413 | 413 | | |
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414 | 414 | | LCO No. 2014 12 of 18 |
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415 | 415 | | |
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416 | 416 | | Governor for final approval. 327 |
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417 | 417 | | (e) The commissioner shall approve, in consultation with the 328 |
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418 | 418 | | commission, each board established pursuant to section 31-3k, as 329 |
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419 | 419 | | amended by this act, which meets the requirements of sections 31-3j to 330 |
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420 | 420 | | 31-3r, inclusive, as amended by this act. 331 |
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421 | 421 | | Sec. 8. Section 31-3r of the general statutes is repealed and the 332 |
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422 | 422 | | following is substituted in lieu thereof (Effective from passage): 333 |
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423 | 423 | | Nothing in sections 31-3j to 31-3r, inclusive, as amended by this act, 334 |
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424 | 424 | | shall be construed or administered in any manner that would conflict 335 |
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425 | 425 | | with the requirements of the [Job Training Partnership Act] Workforce 336 |
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426 | 426 | | Innovation and Opportunity Act or supersede any statutory duties, 337 |
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427 | 427 | | responsibilities or obligations of any agency or board, including, but not 338 |
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428 | 428 | | limited to, any local board of education. 339 |
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429 | 429 | | Sec. 9. Subsection (e) of section 31-3pp of the general statutes is 340 |
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430 | 430 | | repealed and the following is substituted in lieu thereof (Effective from 341 |
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431 | 431 | | passage): 342 |
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432 | 432 | | (e) (1) An eligible small business or eligible small manufacturer may 343 |
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433 | 433 | | apply to the department for a grant to subsidize on-the-job training for 344 |
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434 | 434 | | a preapprentice, where "preapprentice" means a person, [who is (A) a 345 |
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435 | 435 | | current student at a public or private high school, preparatory school or 346 |
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436 | 436 | | institution of higher education, or (B) not more than eighteen years of 347 |
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437 | 437 | | age and] student or minor employed under a written agreement with an 348 |
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438 | 438 | | apprenticeship program sponsor for a term of training and employment 349 |
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439 | 439 | | not exceeding two thousand hours or twenty-four months in duration, 350 |
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440 | 440 | | and registered with the Labor Department. "Preapprentice" does not 351 |
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441 | 441 | | include a person who was employed in this state by a related person 352 |
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442 | 442 | | with respect to the eligible small business during the prior twelve 353 |
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443 | 443 | | months or a person employed on a temporary or seasonal basis by a 354 |
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444 | 444 | | retailer, as defined in section 42-371. 355 |
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445 | 445 | | (2) Grants to eligible small businesses or eligible small manufacturers 356 |
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446 | 446 | | Raised Bill No. 5384 |
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447 | 447 | | |
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448 | 448 | | |
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449 | 449 | | |
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450 | 450 | | LCO No. 2014 13 of 18 |
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451 | 451 | | |
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452 | 452 | | under the Subsidized Training and Employment program shall be in the 357 |
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453 | 453 | | following amounts: (A) For the first thirty calendar days a preapprentice 358 |
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454 | 454 | | is employed, one hundred per cent of an amount representing the cost 359 |
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455 | 455 | | of on-the-job training for such preapprentice, but in no event shall such 360 |
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456 | 456 | | amount exceed ten dollars per hour; (B) for the thirty-first to ninetieth, 361 |
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457 | 457 | | inclusive, calendar days, seventy-five per cent of such amount; (C) for 362 |
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458 | 458 | | the ninety-first to one hundred fiftieth, inclusive, calendar days, fifty per 363 |
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459 | 459 | | cent of such amount; and (D) for the one hundred fifty-first to one 364 |
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460 | 460 | | hundred eightieth, inclusive, calendar days, twenty-five per cent of such 365 |
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461 | 461 | | amount. Grants shall be cancelled as of the date the preapprentice leaves 366 |
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462 | 462 | | his or her apprenticeship with the eligible small business or eligible 367 |
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463 | 463 | | small manufacturer. 368 |
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464 | 464 | | Sec. 10. Section 31-22m of the general statutes is repealed and the 369 |
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465 | 465 | | following is substituted in lieu thereof (Effective from passage): 370 |
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466 | 466 | | When used in sections 31-22m to 31-22q, inclusive, as amended by 371 |
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467 | 467 | | this act, and 31-22u, "apprentice" means a person employed under a 372 |
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468 | 468 | | written agreement to work at and learn a specific trade and registered 373 |
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469 | 469 | | with the Labor Department; "apprentice agreement" means a written 374 |
---|
470 | 470 | | agreement entered into by an apprentice, or on his behalf by his parent 375 |
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471 | 471 | | or guardian, with an employer, or with an association of employers and 376 |
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472 | 472 | | an organization of employees acting as a joint apprenticeship 377 |
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473 | 473 | | committee, which agreement provides for not less than two thousand 378 |
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474 | 474 | | hours of work experience in approved trade training consistent with 379 |
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475 | 475 | | recognized requirements established by industry or joint labor-industry 380 |
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476 | 476 | | practice and for the number of hours of related and supplemental 381 |
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477 | 477 | | instructions prescribed by the Connecticut State Apprenticeship 382 |
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478 | 478 | | Council or which agreement meets requirements of the federal 383 |
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479 | 479 | | government for on-the-job training schedules which are essential, in the 384 |
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480 | 480 | | opinion of the Labor Commissioner, for the development of manpower 385 |
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481 | 481 | | in Connecticut industries; "council" means the Connecticut State 386 |
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482 | 482 | | Apprenticeship Council and "preapprentice" means a person, student or 387 |
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483 | 483 | | minor (1) employed under a written agreement with an apprenticeship 388 |
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484 | 484 | | sponsor for a term of training and employment not exceeding two 389 |
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485 | 485 | | Raised Bill No. 5384 |
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486 | 486 | | |
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487 | 487 | | |
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488 | 488 | | |
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489 | 489 | | LCO No. 2014 14 of 18 |
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490 | 490 | | |
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491 | 491 | | thousand hours or twenty-four months in duration, and (2) registered 390 |
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492 | 492 | | with the Labor Department. 391 |
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493 | 493 | | Sec. 11. Section 31-230 of the 2020 supplement to the general statutes 392 |
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494 | 494 | | is repealed and the following is substituted in lieu thereof (Effective from 393 |
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495 | 495 | | passage): 394 |
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496 | 496 | | (a) An individual's benefit year shall commence with the beginning 395 |
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497 | 497 | | of the week with respect to which the individual has filed a valid 396 |
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498 | 498 | | initiating claim and shall continue through the Saturday of the fifty-first 397 |
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499 | 499 | | week following the week in which it commenced, provided no benefit 398 |
---|
500 | 500 | | year shall end until after the end of the third complete calendar quarter, 399 |
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501 | 501 | | plus the remainder of any uncompleted calendar week that began in 400 |
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502 | 502 | | such quarter, following the calendar quarter in which it commenced, 401 |
---|
503 | 503 | | and provided further, the benefit year of an individual who has filed a 402 |
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504 | 504 | | combined wage claim, as described in subsection (b) of section 31-255, 403 |
---|
505 | 505 | | shall be the benefit year prescribed by the law of the paying state. In no 404 |
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506 | 506 | | event shall a benefit year be established before the termination of an 405 |
---|
507 | 507 | | existing benefit year previously established under the provisions of this 406 |
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508 | 508 | | chapter. Except as provided in subsection (b) of this section, the base 407 |
---|
509 | 509 | | period of a benefit year shall be the first four of the five most recently 408 |
---|
510 | 510 | | completed calendar quarters prior to such benefit year, provided such 409 |
---|
511 | 511 | | quarters were not previously used to establish a prior valid benefit year 410 |
---|
512 | 512 | | and provided further, the base period with respect to a combined wage 411 |
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513 | 513 | | claim, as described in subsection (b) of section 31-255, shall be the base 412 |
---|
514 | 514 | | period of the paying state, except that for any individual who is eligible 413 |
---|
515 | 515 | | to receive or is receiving workers' compensation or who is properly 414 |
---|
516 | 516 | | absent from work under the terms of the employer's sick leave or 415 |
---|
517 | 517 | | disability leave policy, the base period shall be the [first four of the five 416 |
---|
518 | 518 | | most recently worked quarters] four consecutive quarters immediately 417 |
---|
519 | 519 | | preceding the most recently worked prior to such benefit year, provided 418 |
---|
520 | 520 | | such quarters were [consecutive and] not previously used to establish a 419 |
---|
521 | 521 | | prior valid benefit year and provided further, the last most recently 420 |
---|
522 | 522 | | worked calendar quarter is no more than twelve calendar quarters prior 421 |
---|
523 | 523 | | to the date such individual makes an initiating claim. As used in this 422 |
---|
524 | 524 | | Raised Bill No. 5384 |
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525 | 525 | | |
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526 | 526 | | |
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527 | 527 | | |
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528 | 528 | | LCO No. 2014 15 of 18 |
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529 | 529 | | |
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530 | 530 | | section, an initiating claim shall be deemed valid if the individual is 423 |
---|
531 | 531 | | unemployed and meets the requirements of subdivisions (1) and (3) of 424 |
---|
532 | 532 | | subsection (a) of section 31-235. The base period of an individual's 425 |
---|
533 | 533 | | benefit year shall include wages paid by any nonprofit organization 426 |
---|
534 | 534 | | electing reimbursement in lieu of contributions, or by the state and by 427 |
---|
535 | 535 | | any town, city or other political or governmental subdivision of or in 428 |
---|
536 | 536 | | this state or of any municipality to such person with respect to whom 429 |
---|
537 | 537 | | such employer is subject to the provisions of this chapter. With respect 430 |
---|
538 | 538 | | to weeks of unemployment beginning on or after January 1, 1978, wages 431 |
---|
539 | 539 | | for insured work shall include wages paid for previously uncovered 432 |
---|
540 | 540 | | services. For purposes of this section, the term "previously uncovered 433 |
---|
541 | 541 | | services" means services that (1) were not employment, as defined in 434 |
---|
542 | 542 | | section 31-222, and were not services covered pursuant to section 31-435 |
---|
543 | 543 | | 223, at any time during the one-year period ending December 31, 1975; 436 |
---|
544 | 544 | | and (2) (A) are agricultural labor, as defined in subparagraph (H) of 437 |
---|
545 | 545 | | subdivision (1) of subsection (a) of section 31-222, or domestic service, 438 |
---|
546 | 546 | | as defined in subparagraph (J) of subdivision (1) of subsection (a) of 439 |
---|
547 | 547 | | section 31-222, or (B) are services performed by an employee of this state 440 |
---|
548 | 548 | | or a political subdivision of this state, as provided in subparagraph (C) 441 |
---|
549 | 549 | | of subdivision (1) of subsection (a) of section 31-222, or by an employee 442 |
---|
550 | 550 | | of a nonprofit educational institution that is not an institution of higher 443 |
---|
551 | 551 | | education, as provided in subparagraph (E)(iii) of subdivision (1) of 444 |
---|
552 | 552 | | subsection (a) of section 31-222, except to the extent that assistance 445 |
---|
553 | 553 | | under Title II of the Emergency Jobs and Unemployment Assistance Act 446 |
---|
554 | 554 | | of 1974 was paid on the basis of such services. 447 |
---|
555 | 555 | | (b) The base period of a benefit year for any individual who is 448 |
---|
556 | 556 | | ineligible to receive benefits using the base period set forth in subsection 449 |
---|
557 | 557 | | (a) of this section shall be the four [most recently completed calendar] 450 |
---|
558 | 558 | | consecutive quarters immediately preceding the most recently worked 451 |
---|
559 | 559 | | quarters prior to the individual's benefit year, provided such quarters 452 |
---|
560 | 560 | | were not previously used to establish a prior valid benefit year, except 453 |
---|
561 | 561 | | that for any such individual who is eligible to receive or is receiving 454 |
---|
562 | 562 | | workers' compensation or who is properly absent from work under the 455 |
---|
563 | 563 | | Raised Bill No. 5384 |
---|
564 | 564 | | |
---|
565 | 565 | | |
---|
566 | 566 | | |
---|
567 | 567 | | LCO No. 2014 16 of 18 |
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568 | 568 | | |
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569 | 569 | | terms of an employer's sick leave or disability leave policy, the base 456 |
---|
570 | 570 | | period shall be the four most recently worked calendar quarters prior to 457 |
---|
571 | 571 | | such benefit year, provided such quarters were consecutive and not 458 |
---|
572 | 572 | | previously used to establish a prior valid benefit year and provided 459 |
---|
573 | 573 | | further, the last most recently worked calendar quarter is not more than 460 |
---|
574 | 574 | | twelve calendar quarters prior to the date such individual makes the 461 |
---|
575 | 575 | | initiating claim. If the wage information for an individual's most 462 |
---|
576 | 576 | | recently worked calendar quarter is unavailable to the administrator 463 |
---|
577 | 577 | | from regular quarterly reports of systematically accessible wage 464 |
---|
578 | 578 | | information, the administrator shall promptly contact the individual's 465 |
---|
579 | 579 | | employer to obtain such wage information. 466 |
---|
580 | 580 | | Sec. 12. Subsection (a) of section 31-235 of the general statutes is 467 |
---|
581 | 581 | | repealed and the following is substituted in lieu thereof (Effective from 468 |
---|
582 | 582 | | passage): 469 |
---|
583 | 583 | | (a) An unemployed individual shall be eligible to receive benefits 470 |
---|
584 | 584 | | with respect to any week only if it has been found that (1) such 471 |
---|
585 | 585 | | individual has made claim for benefits in accordance with the 472 |
---|
586 | 586 | | provisions of section 31-240 and has registered for work at the public 473 |
---|
587 | 587 | | employment bureau or other agency designated by the administrator 474 |
---|
588 | 588 | | within such time limits, with such frequency and in such manner as the 475 |
---|
589 | 589 | | administrator may prescribe, provided failure to comply with this 476 |
---|
590 | 590 | | condition may be excused by the administrator upon a showing of good 477 |
---|
591 | 591 | | cause therefor; (2) except as provided in subsection (b) of this section, 478 |
---|
592 | 592 | | such individual is physically and mentally able to work and is available 479 |
---|
593 | 593 | | for work and has been and is making reasonable efforts to obtain work, 480 |
---|
594 | 594 | | provided the individual shall not be considered to be unavailable for 481 |
---|
595 | 595 | | work solely because the individual is attending a school, college or 482 |
---|
596 | 596 | | university as a regularly enrolled student during the separation from 483 |
---|
597 | 597 | | employment, within the limitations of subdivision (6) of subsection (a) 484 |
---|
598 | 598 | | of section 31-236, and provided further, the individual shall not be 485 |
---|
599 | 599 | | considered to be lacking in efforts to obtain work if, as a student, such 486 |
---|
600 | 600 | | efforts are restricted to employment which does not conflict with the 487 |
---|
601 | 601 | | individual's regular class hours as a student, and provided the 488 |
---|
602 | 602 | | Raised Bill No. 5384 |
---|
603 | 603 | | |
---|
604 | 604 | | |
---|
605 | 605 | | |
---|
606 | 606 | | LCO No. 2014 17 of 18 |
---|
607 | 607 | | |
---|
608 | 608 | | administrator shall not use prior "patterns of unemployment" of the 489 |
---|
609 | 609 | | individual to determine whether the individual is available for work; (3) 490 |
---|
610 | 610 | | such individual has been paid wages by an employer who was subject 491 |
---|
611 | 611 | | to the provisions of this chapter during the base period of the current 492 |
---|
612 | 612 | | benefit year in an amount at least equal to forty times the individual's 493 |
---|
613 | 613 | | benefit rate for total unemployment, provided an unemployed 494 |
---|
614 | 614 | | individual who is sixty-two years of age or older and is involuntarily 495 |
---|
615 | 615 | | retired under a compulsory retirement policy or contract provision shall 496 |
---|
616 | 616 | | be eligible for benefits with respect to any week, notwithstanding 497 |
---|
617 | 617 | | subdivisions (1) and (2) of this subsection, if it is found by the 498 |
---|
618 | 618 | | administrator that the individual has made claim for benefits in 499 |
---|
619 | 619 | | accordance with the provisions of section 31-240, has registered for 500 |
---|
620 | 620 | | work at the public employment bureau, is physically and mentally able 501 |
---|
621 | 621 | | to work, is available for work, meets the requirements of this 502 |
---|
622 | 622 | | subdivision and has not refused suitable work to which the individual 503 |
---|
623 | 623 | | has been referred by the administrator; (4) such individual participates 504 |
---|
624 | 624 | | in reemployment services, such as job search assistance services, if the 505 |
---|
625 | 625 | | individual has been determined to be likely to exhaust regular benefits 506 |
---|
626 | 626 | | and need reemployment services pursuant to a profiling or 507 |
---|
627 | 627 | | reemployment services and eligibility assessment system established by 508 |
---|
628 | 628 | | the administrator unless the administrator determines that (A) for 509 |
---|
629 | 629 | | purposes of the profiling system only, the individual has completed 510 |
---|
630 | 630 | | such services, or (B) there is justifiable cause for the individual's failure 511 |
---|
631 | 631 | | to participate in such services. The administrator shall adopt 512 |
---|
632 | 632 | | regulations, in accordance with the provisions of chapter 54, for the 513 |
---|
633 | 633 | | administration of the reemployment services and eligibility assessment 514 |
---|
634 | 634 | | system and the profiling system. For purposes of subdivision (2) of this 515 |
---|
635 | 635 | | subsection, "patterns of unemployment" means regularly recurring 516 |
---|
636 | 636 | | periods of unemployment of the claimant in the years prior to filing the 517 |
---|
637 | 637 | | claim in question. 518 |
---|
638 | 638 | | Sec. 13. Sections 31-3a, 31-3g, 31-3u, 31-3ff, 31-3ii, 31-22s and 31-250a 519 |
---|
639 | 639 | | of the general statutes are repealed. (Effective from passage) 520 |
---|
640 | 640 | | Raised Bill No. 5384 |
---|
641 | 641 | | |
---|
642 | 642 | | |
---|
643 | 643 | | |
---|
644 | 644 | | LCO No. 2014 18 of 18 |
---|
645 | 645 | | |
---|
646 | 646 | | This act shall take effect as follows and shall amend the following |
---|
647 | 647 | | sections: |
---|
648 | 648 | | |
---|
649 | 649 | | Section 1 from passage 10-95h |
---|
650 | 650 | | Sec. 2 from passage 31-3b |
---|
651 | 651 | | Sec. 3 from passage 31-3h |
---|
652 | 652 | | Sec. 4 from passage 31-3j |
---|
653 | 653 | | Sec. 5 from passage 31-3k |
---|
654 | 654 | | Sec. 6 from passage 31-3l |
---|
655 | 655 | | Sec. 7 from passage 31-3n |
---|
656 | 656 | | Sec. 8 from passage 31-3r |
---|
657 | 657 | | Sec. 9 from passage 31-3pp(e) |
---|
658 | 658 | | Sec. 10 from passage 31-22m |
---|
659 | 659 | | Sec. 11 from passage 31-230 |
---|
660 | 660 | | Sec. 12 from passage 31-235(a) |
---|
661 | 661 | | Sec. 13 from passage Repealer section |
---|
662 | 662 | | |
---|
663 | 663 | | Statement of Purpose: |
---|
664 | 664 | | To make minor and technical changes to Labor Department statutes. |
---|
665 | 665 | | |
---|
666 | 666 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
667 | 667 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
668 | 668 | | underlined.] |
---|
669 | 669 | | |
---|