PRINTER'S NO. 3430
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY THOMAS, KINSEY, McGEEHAN, BISHOP, YOUNGBLOOD, CLAY, COHEN, BROWNLEE AND MCCARTER, APRIL 28, 2014
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 28, 2014
1Amending the act of December 18, 2001 (P.L.949, No.114),
2entitled, as amended, "An act establishing a unified
3workforce investment system; restructuring certain
4administrative functions, procedures and entities;
5transferring workforce development functions of Commonwealth
6agencies; establishing the Pennsylvania Workforce Investment
7Board; providing for critical job training grants, for
8guarantees for program quality and performance for workforce
9development programs, for workforce leadership grants and for
10industry partnerships; establishing the Keystone Works
11Program; and authorizing local workforce investment boards,"
12in Keystone Works Program, further providing for definitions,
13for program, for administration, for workers' compensation,
14for eligibility and for business incentives; providing for
15business reimbursement, for job creation tax credit and for
16advisory committee; further providing for performance
17evaluation system and for annual report; and providing for
21Section 1. The definitions of "claimant," "high-priority
22occupations," "job opening" and "training" in section 1401 of
23the act of December 18, 2001 (P.L.949, No.114), known as the
24Workforce Development Act, added July 5, 2012 (P.L.970, No.107),
25are amended and the section is amended by adding a definition to
1Section 1401. Definitions.
5* * *
6["Claimant." A person collecting regular unemployment
7compensation benefits under Article IV of the Unemployment
8Compensation Law. The term does not include a claimant receiving
9extended benefits under Article IV-A of the Unemployment
10Compensation Law or federally funded unemployment compensation
12* * *
13"Eligible trainee participant" or "participant." An
14individual currently unemployed or collecting unemployment
15compensation benefits under the act of December 5, 1936 (2nd
16Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
17Compensation Law. The term includes individuals who are enrolled
18in a two-year or four-year institution of higher education and
20["High-priority occupations." As defined in section 1301.]
24* * *
25["Training." A planned, structured learning environment for
26the primary benefit of the trainee and from which the employer
27derives no immediate advantage and which is designed to provide
28the skills and knowledge necessary to meet a business'
29specifications for an occupation or trade.]
30Section 2. Sections 1402, 1403, 1404, 1405 and 1406 of the
1act, added July 5, 2012 (P.L.970, No.107), are amended to read:
2Section 1402. Program.
4(1) The Keystone Works Program is established.
11(1) Create a form which eligible trainee participants
14(2) Within ten days of receipt of the form, grant or
15deny a participant's request to participate in the program.
19(4) Provide a business with information and materials
20necessary to participate upon request.
21(5) Match eligible participants to businesses
22participating in the program.
23(b) [Claimants] Eligible trainee participants.--
30[(2) At the start of the training, the unexpended
4(i) the claimant's weekly benefit rate; and
5(ii) the number of weeks of training.
10[(i) will not accept any form of compensation, cash
11or otherwise, from the participating business or
12individual or entity associated with the participating
13business for participation in the program;
7(v) If the business hires the [claimant] participant
8upon completion of the training period, the [claimant]
9participant will perform services in "employment" within
10the meaning of the act of December 5, 1936 (2nd Sp.Sess.,
111937 P.L.2897, No.1), known as the Unemployment
15[(vii) The business and individuals or entities
16associated with the business will not provide a
17participating claimant with any form of compensation,
18cash or otherwise, for participation in training under
6(xiii) The business will follow up a participant's
7participation in the program with a performance
8evaluation of the participant's job skills regardless of
9whether or not the participant is hired for employment.
10(2) The business must satisfy any additional criteria
11established by the department in administering the program.
12This paragraph includes imposing conditions on participating
13businesses to ensure that an appropriate number of
14[claimants] participants participating in the program receive
15offers of suitable long-term employment.
21(c.1) Business program.--
24(i) It has no tax liabilities or other obligations
25under the laws of the United States or the Commonwealth,
26or has filed a timely administrative or judicial appeal
27if such liabilities or obligations exist, or is subject
28to a duly approved deferred payment plan if such
30(ii) Neither the business nor any subcontractors are
3(1.1) When applying, each business shall submit to the
4department a proposed training plan for approval, along with
5any other forms required by the department. The training plan
6shall provide the following:
13(iii) Workers' compensation benefits and any other
15(iv) The manner in which a contract will fulfill
16compliance with ADA requirements.
22(1) The department shall match [claimants] participants
23with businesses that have job openings and are willing to
24provide training [for the corresponding high-priority
25occupations]. A business shall not be required to accept all
26participants for employment in order to participate in the
13(3) A business may terminate its participation in the
14program at any time. Reasonable notice shall be given to
15current participants in the program. For purposes of this
16paragraph, reasonable notice shall be considered a minimum of
17seven days' notice.
18Section 1403. Administration.
8Section 1404. [Workers' compensation.
13(b) Employment relationship.--A claimant's participation in
14the program does not create an employment relationship with the
15department for purposes of the act of June 2, 1915 (P.L.736,
16No.338), known as the Workers' Compensation Act.
26Section 1405. Eligibility.
27Notwithstanding any other law, a [claimant's] participant's
28participation in the program, option to discontinue
29participation in the program, termination from the program by a
30participating business or completion of the program shall not
1affect the eligibility of the [claimant] participant to receive
2unemployment compensation if the [claimant] participant remains
3eligible to receive those benefits under the act of December 5,
41936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
5Unemployment Compensation Law.
6Section 1406. Business incentives.
7(a) Eligibility.--Subject to the availability of funding
8under subsection (b), if, at the end of a training period, a
9business hires a [claimant] participant for a job opening under
10section 1402(d), the business is eligible to receive incentive
11payments in the amount of $375 for each period of four
12consecutive workweeks the [claimant] participant remains
13employed at a minimum of 35 hours per week, for up to four
14consecutive periods of four consecutive workweeks and for a
15maximum of $1,500 total incentive payments.
19(2) Fifteen percent of the total amount of money
20authorized for a fiscal year shall be reserved for businesses
21with fewer than 100 employees. If the reserved amount is not
22committed by April 30 of each year, it shall be available to
23businesses that have at least 100 employees.
24Section 3. The act is amended by adding sections to read:
25Section 1406.1. Business reimbursement.
30Section 1406.2. Effect on job credit tax credit.
4Section 1406.3. Advisory committee.
5(a) Establishment.--An advisory committee is established to
6advise the department on the administration of the program under
8(b) Composition.--The advisory committee shall consist of
9eight members, with an equal number of members representing
10organized labor organizations and the business community. The
11appointments shall be made by the Governor, in consultation with
15(c) Chairperson.--The chairperson shall be elected by the
16members of the advisory committee.
17(d) Term.--The members shall serve at the pleasure of the
18Governor, which term shall run consecutively with the term of
20(e) Compensation and expenses.--The advisory committee
21members shall not receive a salary or per diem allowance for
22serving as members of the committee, but shall be reimbursed for
23actual and necessary expenses incurred in the performance of
25(f) Meetings.--The advisory committee shall meet at least
26twice each year.
29appointments called for within this section and the committee
30shall begin operations immediately following the appointments.
3Section 1407. Performance evaluation system.
8(i) Increases in [claimant] participant skills.
9(ii) Skill training being provided by businesses.
12(iv) Challenges foreseen by businesses.
13(v) Business training best practices.
20Section 1407.1. Annual report.
21(a) General rule.--No later than [July 1] December 31 of
22each year, the department, in consultation with the advisory
23committee established under section 1406.3, shall submit an
24annual report to the chairman and minority chairman of the Labor
25and Industry Committee of the Senate and to the chairman and
26minority chairman of the Labor and Industry Committee of the
27House of Representatives providing all data available on the
28operation of the program during the prior year. The report shall
29include, but not be limited to, [claimant and business
30participation, administrative costs, relevant data, facts and
7(2) The number of participants enrolled in the program.
25(b) Public inspection.--The annual reports shall be made
26available for public inspection in a conspicuous place on the
27department's Internet website for a period of five years
28following their submission to the General Assembly.
29Section 5. The act is amended by adding a section to read:
30Section 1407.2. Funding.
1An amount not to exceed $10,000,000 shall be appropriated
2from any of the following Federal sources of moneys to the
4(1) Additional funding, for which the department shall
5apply, which is available under the Workforce Investment Act
6of 1998 (Public Law 105-220, 112 Stat. 936), for use in
7administering the program.
8(2) Funds received for the industry partnership program
9by the department and specified for use in job training
11(3) Funds received by the Commonwealth for the
12Dislocated Worker Program under the Workforce Investment Act
14Section 6. This act shall take effect in 60 days.