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PRINTER'S NO. 285
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
286
Session of
2015
INTRODUCED BY THOMAS, LONGIETTI, COHEN, KINSEY, V. BROWN,
BISHOP, SCHLOSSBERG, ROZZI AND BROWNLEE, FEBRUARY 2, 2015
REFERRED TO COMMITTEE ON COMMERCE, FEBRUARY 2, 2015
AN ACT
Amending the act of December 18, 2001 (P.L.949, No.114),
entitled, as amended, "An act establishing a unified
workforce investment system; restructuring certain
administrative functions, procedures and entities;
transferring workforce development functions of Commonwealth
agencies; establishing the Pennsylvania Workforce Investment
Board; providing for critical job training grants, for
guarantees for program quality and performance for workforce
development programs, for workforce leadership grants and for
industry partnerships; establishing the Keystone Works
Program; and authorizing local workforce investment boards,"
in Keystone Works Program, further providing for definitions,
for program, for administration, for workers' compensation,
for eligibility, for business incentives, for performance
evaluation system and for annual report.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1401 of the act of December 18, 2001
(P.L.949, No.114), known as the Workforce Development Act, is
amended by adding a definition to read:
Section 1401. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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* * *
"Graduate." A Pennsylvania resident who has graduated from
high school, obtained a general education development (GED) or
obtained an undergraduate degree from an accredited institution
of higher learning within the last four years.
* * *
Section 2. Section 1402(c) and (d) of the act, added July 5,
2012 (P.L.970, No.107), are amended and the section is amended
by adding a subsection to read:
Section 1402. Program.
* * *
(b.1) Graduates.--A graduate may voluntarily enroll in the
program and shall be qualified for training if all of the
following apply:
(1) The department determines that the graduate's
educational background is an appropriate match with a job
opening at a participating business.
(2) The claimant certifies to the department, in
writing, subject to 18 Pa.C.S. ยง 4904 (relating to unsworn
falsification to authorities), that the claimant:
(i) will provide information and documentation to
the department as requested; and
(ii) will cooperate with requests from the
department for evaluation of aspects of the program.
(c) Businesses.--The following are required for a business
to be eligible to provide training under the program.
(1) The business must satisfy all of the following
criteria:
(i) The business has a job opening to which a
claimant or graduate may be matched by the department.
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(ii) The business will register with the
Pennsylvania CareerLink system.
(iii) The business will provide bona fide training
to the claimant or graduate for the job opening.
(iv) Upon completion of the training period, the
business will consider the claimant or graduate for
employment in the job opening for which the claimant or
graduate was trained.
(v) If the business hires the claimant upon
completion of the training period, the claimant will
perform services in "employment" within the meaning of
the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897,
No.1), known as the Unemployment Compensation Law.
(vi) The claimant or graduate will not work in a
contract or self-employment capacity for the business.
(vii) The business and individuals or entities
associated with the business will not provide a
participating claimant with any form of compensation,
cash or otherwise, for participation in training under
the program.
(vii.1) The business and individuals or entities
associated with the business shall provide a
participating graduate with compensation equal to or
exceeding the minimum wage while participating in
training under the program.
(viii) The business will not provide training under
the program while a work stoppage attributable to a labor
dispute is in effect.
(ix) The business will not provide training while
concurrently participating in a shared-work program under
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Article XIII of the Unemployment Compensation Law.
(x) Providing training under the program and hiring
the claimant or graduate upon completion of training
would not violate a collective bargaining agreement.
(xi) Providing training under the program and hiring
the claimant or graduate upon completion of training
would not displace or adversely impact existing
employees.
(xii) The business will cooperate with requests from
the department for information and documentation related
to the program.
(2) The business must satisfy any additional criteria
established by the department in administering the program.
This paragraph includes imposing conditions on participating
businesses to ensure that an appropriate number of claimants
or graduates participating in the program receive offers of
suitable long-term employment.
(3) The business must certify in a writing subject to 18
Pa.C.S. ยง 4904 that all requirements of this subsection are
or will be satisfied.
(4) The business must not be disqualified under
subsection (d)(2)(iii).
* * *
(d) Description.--
(1) The department shall match claimants or graduates
with businesses that have job openings and are willing to
provide training for the corresponding high-priority
occupations.
(1.1) When a graduate is matched with a business, the
business shall provide the claimant a maximum of 24 hours of
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paid training per week, for a maximum of eight weeks.
(2) When a claimant is matched with a business, the
business shall provide the claimant a maximum of 24 hours of
unpaid training per week, for a maximum of eight weeks. At
the end of the training period, the following apply:
(i) The business shall consider the claimant or
graduate for employment in the job opening.
(ii) The business is not required to hire the
claimant or graduate.
(iii) The department shall disqualify from
participation in the program any employer showing a
pattern of acting in bad faith regarding job offers.
A claimant or graduate who is participating in training may
opt to discontinue participation in the program.
Section 3. Sections 1403, 1404(c), 1405, 1406(a), 1407 and
1407.1 of the act, added July 5, 2012 (P.L.970, No.107), are
amended to read:
Section 1403. Administration.
The department has the following powers and duties under the
program:
(1) Establish guidelines and applications it deems
necessary for the administration of the program.
(2) Provide notice to businesses and claimants or
graduates regarding eligibility for and participation in the
program.
(3) Develop policies and procedures to register eligible
businesses and eligible claimants or graduates for the
program.
(4) Develop policies and procedures to review
applications.
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(5) Develop policies and procedures to match claimants
or graduates with businesses that have job openings for
training under the program.
(6) Develop policies and procedures to provide
participating claimants or graduates and businesses with
administrative remedies for department determinations.
Section 1404. Workers' compensation.
* * *
(c) Computation of claimant or graduate wage.--For the
purposes of computing an approved claimant's or graduate's wage
compensation and benefit amount under the Workers' Compensation
Act:
(1) the average weekly wage shall be the claimant's or
graduate's maximum weekly unemployment compensation benefit
rate for the benefit year in effect at the time of injury;
and
(2) the unemployment compensation benefit offset
permitted under section 204(a) of the Workers' Compensation
Act shall not apply.
Section 1405. Eligibility.
Notwithstanding any other law, a claimant's or graduate's
participation in the program, option to discontinue
participation in the program, termination from the program by a
participating business or completion of the program shall not
affect the eligibility of the claimant or graduate to receive
unemployment compensation if the claimant or graduate remains
eligible to receive those benefits under the act of December 5,
1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law.
Section 1406. Business incentives.
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(a) Eligibility.--Subject to the availability of funding
under subsection (b), if, at the end of a training period, a
business hires a claimant or graduate for a job opening under
section 1402(d), the business is eligible to receive incentive
payments in the amount of $375 for each period of four
consecutive workweeks the claimant or graduate remains employed
at a minimum of 35 hours per week, for up to four consecutive
periods of four consecutive workweeks and for a maximum of
$1,500 total incentive payments.
* * *
Section 1407. Performance evaluation system.
The department shall develop and implement an evaluation and
performance improvement system which does the following:
(1) Collects critical information on an annual basis or
more frequently as determined by the department, including:
(i) Increases in claimant or graduate skills.
(ii) Skill training being provided by businesses.
(iii) Placement of claimants or graduates after
training.
(iv) Challenges foreseen by businesses.
(v) Business training best practices.
(vi) Amount of weeks claimants or graduates received
unemployment compensation benefits after completion of
the training period.
(2) Defines the benefits of the program and its training
to businesses, claimants, graduates and the Unemployment
Compensation Fund.
Section 1407.1. Annual report.
No later than July 1 of each year, the department shall
submit an annual report to the chairman and minority chairman of
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the Labor and Industry Committee of the Senate and to the
chairman and minority chairman of the Labor and Industry
Committee of the House of Representatives providing all data
available on the operation of the program during the prior year.
The report shall include, but not be limited to, claimant,
graduate and business participation, administrative costs,
relevant data, facts and statistics and any other information
that the department believes necessary in the content of the
report that is available.
Section 4. This act shall take effect immediately.
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