PRINTER'S NO. 1190
No. 1045 Session of 2001
INTRODUCED BY GORDNER, ALLEN, ARMSTRONG, BARRAR, BELARDI,
BELFANTI, BROWNE, CALTAGIRONE, CAPPABIANCA, CIVERA,
L. I. COHEN, COSTA, COY, DALEY, DeWEESE, FLICK, FRANKEL,
FREEMAN, GRUCELA, HARHAI, HORSEY, HUTCHINSON, JAMES, KELLER,
LAUGHLIN, LEDERER, LESCOVITZ, MANN, McCALL, ORIE, PETRARCA,
PETRONE, PISTELLA, READSHAW, SAINATO, SAMUELSON, SATHER,
SEMMEL, SHANER, SOLOBAY, STEELMAN, STERN, THOMAS, TIGUE,
TRELLO, VEON, WANSACZ, WATSON, J. WILLIAMS, WILT, WOJNAROSKI,
YOUNGBLOOD AND YUDICHAK, MARCH 15, 2001
REFERRED TO COMMITTEE ON EDUCATION, MARCH 15, 2001
AN ACT
1 Amending the act of June 29, 1996 (P.L.434, No.67), entitled, as
2 amended, "An act to enhance job creation and economic
3 development by providing for an annual financing strategy,
4 for opportunity grants, for job creation tax credits, for
5 small business assistance, for the Small Business Advocacy
6 Council, for a family savings program, for industrial
7 development assistance, for community development bank grants
8 and loans and for tax-exempt bond allocation; conferring
9 powers and duties on various administrative agencies and
10 authorities; further providing for various funds; and making
11 repeals," establishing a technology work experience
12 internship program.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The title of the act of June 29, 1996 (P.L.434,
16 No.67), known as the Job Enhancement Act, amended November 17,
17 1998 (P.L.788, No.100), are amended to read:
18 AN ACT
19 To enhance job creation and economic development by providing
1 for an annual financing strategy, for opportunity grants, for
2 job creation tax credits, for small business assistance, for
3 the Small Business Advocacy Council, for a family savings
4 program, for industrial development assistance, for community
5 development bank grants and loans and for tax-exempt bond
6 allocation; authorizing a technology work experience
7 internship program; conferring powers and duties on various
8 administrative agencies and authorities; further providing
9 for various funds; and making repeals.
10 Section 2. The act is amended by adding a chapter to read:
11 CHAPTER 29
12 TECHNOLOGY WORK EXPERIENCE INTERNSHIP PROGRAM
13 Section 2901. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Agency." The Pennsylvania Higher Education Assistance
18 Agency.
19 "Approved course of study." A program or curriculum offered
20 by a postsecondary educational institution that provides
21 instruction in science, technology and related fields and that
22 has been approved by the Department of Education in consultation
23 with the Pennsylvania Workforce Investment Board, as required
24 under section 3 of the act of June 23, 1999 (P.L.159, No.22),
25 known as the New Economy Technology Scholarship Act.
26 "Approved educational institution." A postsecondary
27 educational institution located in this Commonwealth that is
28 authorized to provide approved courses of study and grant
29 degrees and that has been approved by the Pennsylvania Higher
30 Education Assistance Agency as an institution in which students
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1 may enroll to participate in the New Economy Technology
2 Scholarship Program.
3 "Department." The Department of Education of the
4 Commonwealth.
5 "Emerging technology company." A company located in this
6 Commonwealth that is involved in scientific research and product
7 development, technology or a related field which is either less
8 than six years from incorporation or employs fewer than 500
9 full-time employees.
10 "Pennsylvania Workforce Investment Board." A public and
11 private partnership that provides strategic planning, program
12 coordination and evaluation of Pennsylvania's work force
13 training efforts.
14 "Program." The Technology Work Experience Internship Program
15 established under this chapter.
16 "Student." An individual domiciled in this Commonwealth who
17 attends an approved educational institution and who is enrolled
18 in an approved course of study.
19 "Work experience internship." A college-approved or
20 university-approved internship or work experience in a science,
21 technology or related field with an emerging technology employer
22 located in this Commonwealth for which the student receives
23 compensation.
24 Section 2902. Technology Work Experience Internship Program.
25 (a) Establishment of program.--The Technology Work
26 Experience Internship Program is hereby established within the
27 agency. This program shall be separate from, but may be operated
28 in conjunction with, the Federal and State work study programs.
29 (b) Matching funds.--The agency shall provide matching funds
30 to approved educational institutions to support internships for
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1 students with emerging technology companies, to the extent that
2 an appropriation is enacted. The agency shall review and approve
3 applications from colleges and universities for participation in
4 the program and shall require that approved educational
5 institutions provide at least one-half of the moneys necessary
6 for the internships. Not more than 50% of the cost of each
7 internship shall be paid for by the agency.
8 (c) Approved courses.--The list of approved courses of study
9 for the program shall be the same as is currently required under
10 section 4(c) of the act of June 23, 1999 (P.L.159, No.22), known
11 as the New Economy Technology Scholarship Act.
12 (d) Emerging technology companies.--The department, in
13 cooperation with the Department of Community and Economic
14 Development and the Pennsylvania Workforce Investment Board,
15 shall establish and maintain a list of emerging technology
16 companies for the program.
17 (e) Standards.--The agency shall adopt standards for
18 approving technology work experience internship programs, which
19 standards shall include at a minimum that:
20 (1) The employer must be a Pennsylvania high-tech
21 business.
22 (2) The internship must provide career-related work
23 experience and use the student's classroom knowledge.
24 (3) The position must not displace any employee,
25 including any employee who is laid off or on strike.
26 (4) The student must be compensated at a rate at least
27 equal to the State minimum wage.
28 Section 2903. Powers and duties of agency.
29 The agency shall have the power and its duties shall be:
30 (1) To execute a participation agreement with each
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1 approved educational institution participating in the
2 program.
3 (2) To establish such procedural, accounting and
4 auditing requirements as may be necessary.
5 (3) To review and audit all relevant records of the
6 participating institution and the participating employer to
7 ensure compliance with the provisions of this chapter.
8 (4) To adopt such rules, regulations, forms and
9 procedures as may be necessary to implement this chapter.
10 Section 2904. Responsibility of approved education institution.
11 Educational institutions participating in this program shall:
12 (1) Submit an application to the agency for approval to
13 participate in the program. The application shall identify
14 the high-tech employers or potential employers who will
15 sponsor an internship, the wages that interns shall be paid,
16 a description of the general nature of the work to be
17 performed and the screening process to be employed to
18 identify those students who will participate in the
19 internship program.
20 (2) Enter into a participation agreement with the
21 agency.
22 (3) Ensure that each participating high-tech business
23 understands the requirements of the program and provides each
24 hired intern career-related work experience that builds on
25 that student's classroom knowledge.
26 (4) Either through employer funds or institutional
27 funds, provide the funds required to match the State
28 contribution.
29 (5) Implement a process to screen and approve students
30 for participation in the program.
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1 (6) Open relevant records and materials to the agency
2 for review.
3 (7) Have a process to monitor and evaluate each
4 internship experience.
5 (8) Adhere to any requirements or conditions that the
6 agency or the department, in consultation with the
7 Pennsylvania Workforce Investment Board and the Department of
8 Community and Economic Development, may adopt.
9 Section 2905. Emerging technology company employer
10 responsibility.
11 Each emerging technology company employer participating in
12 the program shall:
13 (1) Agree to provide each intern with career-related
14 work experience that will build on that student's classroom
15 knowledge.
16 (2) Agree not to use the intern to replace any employee,
17 including employees who may be laid off or on strike.
18 (3) Have the right to approve the selection of any
19 student placed in an internship with that company.
20 (4) Add each employee to the business payroll and return
21 all reconciliation materials by the dates required by the
22 agency to receive reimbursement for that State share of the
23 approved earnings.
24 (5) Adhere to any requirements, including such
25 accounting and auditing standards as the agency or the
26 department, in consultation with the Pennsylvania Workforce
27 Investment Board and the Department of Community and Economic
28 Development, may adopt.
29 Section 2906. Interns.
30 (a) Eligibility.--Undergraduate students enrolled in an
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1 approved course of instruction at an approved educational
2 institution shall be eligible to participate in the program.
3 Priority for participation shall be based on financial need as
4 determined by the educational institution and the agency, but
5 participation shall not be limited to those students who qualify
6 for financial aid.
7 (b) Terms and conditions.--Each intern shall comply with any
8 conditions placed upon the internship by the agency, department
9 or approved educational institution. Each intern shall comply
10 with any applicable requirements established by the employer.
11 Interns may work no more than 20 hours a week while they are
12 enrolled on a full-time basis and may work not more than 40
13 hours a week during any break.
14 (c) Student aid.--Participation as an intern in the program
15 may qualify as a work-study appointment and may qualify as
16 student aid, subject to Federal and State requirements for such
17 appointments. However, the maximum compensation an intern may
18 receive through this program shall be subject to the limits
19 imposed in this chapter.
20 (d) Satisfaction of New Economy Technology Scholarship
21 Program requirements.--Participation as an intern in the program
22 may qualify as satisfactory evidence of completion of the
23 internship requirements as provided by section 5(c) of the act
24 of June 23, 1999 (P.L.159, No.22), known as the New Economy
25 Technology Scholarship Act, subject to the requirements of that
26 act.
27 Section 2907. Compensation.
28 The compensation shall be determined by the approved
29 educational institution, in cooperation with the emerging
30 technology company. Compensation shall be subject to any terms
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1 or conditions established by the agency. Interns shall be paid
2 on an hourly basis and shall receive at least the minimum wage
3 established under Pennsylvania law. In no event shall the total
4 compensation that any student receives exceed $7,000 in any 12-
5 month period.
6 Section 2908. Annual report.
7 The agency shall include the total number of students
8 participating in this program and any data relevant thereto,
9 within its annual report as currently required by section 9 of
10 the act of June 23, 1999 (P.L.159, No.22), known as the New
11 Economy Technology Scholarship Act.
12 Section 3. All references to the Pennsylvania Human
13 Resources Investment Council in the act of June 23, 1999
14 (P.L.159, No.22), known as the New Economy Technology
15 Scholarship Act, shall be deemed to be references to the
16 Pennsylvania Workforce Investment Board.
17 Section 4. This act shall take effect July 1, 2001.
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