1Establishing the Train-to-Work PA Program; granting powers and
2imposing duties upon the Department of Labor and Industry;
3and making an appropriation.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Train-to-Work
8PA Program Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Business employer." A business located in this Commonwealth
14and approved by the Department of Labor and Industry for
15participation in the Train-to-Work PA Program established by
16this act.

17"Department." The Department of Labor and Industry of the
18Commonwealth.

1"Eligible trainee participant." A person currently
2unemployed or collecting unemployment compensation benefits
3under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897,
4No.1), known as the Unemployment Compensation Law.

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

6"Skill enhancement." Raising to a higher degree a person's
7knowledge and execution of a fundamental job function leading to
8full-time employment.

9Section 3. Train-to-Work PA Program.

10(a) Establishment.--The Train-to-Work PA Program is
11established and shall be administered by the department through
12the Workforce Investment Board.

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

14(1) Within 60 days of the effective date of this
15section, establish the program.

16(2) Create a form which eligible trainee participants
17shall use to request to be approved for participation in the
18program.

19(3) Within ten days of receipt of the form, grant or
20deny a trainee participant's request to participate in the
21program.

22(4) Notify businesses of the availability of the program
23through existing programs and posting on the department's
24Internet website.

25(5) Provide a business with information and materials
26necessary to participate upon request.

27(6) Match eligible training participants to businesses
28participating in the program.

29(c) Certification.--In order to participate in the program,
30a business shall certify all of the following to the department:

1(1) That it has open employment positions available.

2(2) That it intends to hire for a position and that a
3trainee participant may fill the position through the
4program.

5(3) That it will follow up a trainee participant's
6participation in the program with a performance evaluation of
7the claimant's job skills regardless of whether or not the
8claimant was hired for employment.

9Section 4. Business employer training plan.

10When applying, each participating business employer shall
11submit to the department a proposed training plan for approval,
12along with any other forms required by the department. The
13training plan shall provide the following:

14(1) The length of the training period required, which
15shall be based on the skills and knowledge of the proposed
16trainee participants, outlining the scope of work.

17(2) Full-time hours for the designated training period.

18(3) Worker's compensation benefits and any other
19employee benefits.

20(4) The manner in which a contract will fulfill
21compliance with ADA requirements.

22(5) The manner in which the business employer will
23fulfill compliance with Workforce Investment Board
24requirements.

25Section 5. Operation.

26(a) Structure.--The department shall structure the program
27to permit an eligible training participant to be matched with a
28business participating in the program. The eligible trainee
29participant shall be placed in an open employment position made
30available by the business, as provided in this act. A business

1employer shall not be required to accept all applicants for
2employment in order to participate in the program.

3(b) Termination.--A business employer may terminate its
4participation in the program at any time. Reasonable notice
5should be given to current trainee participants in the program.
6For purposes of this subsection, reasonable notice shall be
7considered a minimum of seven days' notice.

8Section 6. Advisory committee.

9(a) Establishment.--An advisory committee is established to
10advise the department on the establishment of the program under
11this act.

12(b) Composition.--The advisory committee shall consist of
13eight members, with an equal number of members representing
14organized labor organizations and the business community. The
15appointments shall be made by the Governor, in consultation with
16the Chamber of Business and Industry and representatives of
17organized labor, in consultation with the Pennsylvania AFL-CIO.

18(c) Chairperson.--The chairperson shall be elected by the
19members of the advisory committee.

20(d) Term.--The members shall serve at the pleasure of the
21Governor, which term shall run consecutively with the term of
22the Governor.

23(e) Compensation and expenses.--The advisory committee
24members shall not receive a salary or per diem allowance for
25serving as members of the committee, but shall be reimbursed for
26actual and necessary expenses incurred in the performance of
27their duties.

28(f) Meetings.--The advisory committee shall meet at least
29twice each year.

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

1effective date of this section, the Governor shall make the
2appointments called for within this section and the committee
3shall begin operations immediately following the appointments.

4Section 7. Eligibility.

5Eligible trainee participants shall be those persons who are
6currently unemployed. Priority shall be given to persons
7receiving unemployment compensation.

8Section 8. Program funding.

9An amount not to exceed $10,000,000 shall be appropriated
10from any of the following Federal sources of moneys to the
11Commonwealth:

12(1) Additional funding, for which the department shall
13apply, which is available under the Workforce Investment Act
14of 1998 (Public Law 105-220, 112 Stat. 936), for use in
15implementing the program.

16(2) Funds received for the Industry Partnership Program
17by the department and specified for use in job training
18assistance.

19(3) Funds received by the Commonwealth for the
20Dislocated Worker Program under the Workforce Investment Act
21of 1998.

22Section 9. Business employer reimbursement.

23Pursuant to availability of funding under section 8, approved
24business employers participating in the Train-to-Work PA Program
25shall be eligible for reimbursement of up to 80% of a trainee
26participant's wages from funding provided under this act.

27Section 10. Job creation tax credit.

28Nothing in this act shall prohibit employers from applying
29for tax credits that may be available as job creation tax
30credits under any Federal or State law.

1Section 20. Effective date.

2This act shall take effect in 60 days.