THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TARTAGLIONE, HUGHES, GREENLEAF, WAUGH, FONTANA, COSTA, BROWNE, BREWSTER, WOZNIAK AND FARNESE, MARCH 28, 2011

REFERRED TO LABOR AND INDUSTRY, MARCH 28, 2011  

AN ACT

Establishing the Train-to-Work PA Program; granting powers and

imposing duties upon the Department of Labor and Industry;

and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Train-to-Work

PA Program Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Business employer."  A business located in this Commonwealth

and approved by the Department of Labor and Industry for

participation in the program established by this act.

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Eligible trainee participant."  A person currently

unemployed or collecting unemployment compensation benefits

under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897,

No.1), known as the Unemployment Compensation Law.

"Program."  The Train–to-Work PA Program.

"Skill enhancement."  Raising to a higher degree a person's

knowledge and execution of a fundamental job function leading to

full-time employment.

Section 3.  Train-to-Work PA Program.

(a)  Establishment.--The Train-to-Work PA Program is

established within and shall be administered by the department

through the Workforce Investment Board.

(b)  Duties.--The department shall do all of the following:

(1)  Within 60 days of the effective date of this

section, establish the program.

(2)  Create a form which eligible trainee participants

shall use to request to be approved for participation in the

program.

(3)  Within ten days of receipt of the form, grant or

deny a trainee participant's request to participate in the

program.

(4)  Notify businesses of the availability of the program

through existing programs and posting on the department's

Internet website.

(5)  Provide a business with information and materials

necessary to participate upon request.

(6)  Match eligible training participants to businesses

participating in the program.

(c)  Certification.--In order to participate in the program,

a business shall certify all of the following to the department:

(1)  That it has open employment positions available.

(2)  That it intends to hire for a position and that a

trainee participant may fill the position through the

program.

(3)  That it will follow up a trainee participant's

participation in the program with a performance evaluation of

the claimant's job skills regardless of whether or not the

claimant was hired for employment.

Section 4.  Business employer training plan.

When applying, each participating business employer shall

submit to the department a proposed training plan for approval,

along with any other forms required by the department. The

training plan shall provide the following:

(1)  The length of the training period required, which

shall be based on the skills and knowledge of the proposed

trainee participants, outlining the scope of work.

(2)  Full-time hours for the designated training period.

(3)  Worker's compensation benefits and any other

employee benefits.

(4)  The manner in which a contract will fulfill

compliance with ADA requirements.

(5)  The manner in which the business employer will

fulfill compliance with Workforce Investment Board

requirements.

Section 5.  Operation.

(a)  Structure.--The department shall structure the program

to permit an eligible training participant to be matched with a

business participating in the program. The eligible trainee

participant shall be placed in an open employment position made

available by the business, as provided in this act. A business

employer shall not be required to accept all applicants for

employment in order to participate in the program.

(b)  Termination.--A business employer may terminate its

participation in the program at any time. Reasonable notice

should be given to current trainee participants in the program.

For purposes of this subsection, reasonable notice shall be

considered a minimum of seven days' notice.

Section 6.  Advisory committee.

(a)  Establishment.--An advisory committee is established to

advise the department on the establishment of the program under

this act.

(b)  Composition.--The advisory committee shall consist of

eight members, with an equal number of members representing

organized labor organizations and the business community. The

appointments shall be made by the Governor, in consultation with

the Chamber of Business and Industry and representatives of

organized labor, in consultation with the Pennsylvania AFL-CIO.

(c)  Chairperson.--The chairperson shall be elected by the

members of the advisory committee.

(d)  Term.--The members shall serve at the pleasure of the

Governor, which term shall run consecutively with the term of

the Governor.

(e)  Compensation and expenses.--The advisory committee

members shall not receive a salary or per diem allowance for

serving as members of the committee, but shall be reimbursed for

actual and necessary expenses incurred in the performance of

their duties

(f)  Meetings.--The advisory committee shall meet at least

twice each year.

(g)  Commencement of committee.--Within 30 days of the

effective date of this section, the Governor shall make the

appointments called for within this section and the committee

shall begin operations immediately following the appointments.

Section 7.  Eligibility.

Eligible trainee participants shall be those persons who are

currently unemployed. Priority shall be given to persons

receiving unemployment compensation.

Section 8.  Program funding.

An amount not to exceed $10,000,000 shall be appropriated

from any of the following Federal sources of moneys to the

Commonwealth:

(1)  Additional funding, for which the department shall

apply, which is available under the Workforce Investment Act

of 1998 (Public Law 105-220, 112 Stat. 936) for use in

implementing the program.

(2)  Funds received for the Industry Partnership Program

by the department and specified for use in job training

assistance.

(3)  Funds received by the Commonwealth for the

Dislocated Worker Program under the Workforce Investment Act

of 1998.

Section 9.  Business employer reimbursement

Pursuant to availability of funding under section 8, approved

business employers participating in the Train-to-Work PA Program

shall be eligible for reimbursement of up to 80% of a trainee

participant's wages from funding provided under this act.

Section 10.  Job creation tax credit.

Nothing in this act shall prohibit employers from applying

for tax credits that may be available as job creation tax

credits under any Federal or State law.

Section 20.  Effective date.

This act shall take effect in 60 days.