SB-0946, As Passed House, June 12, 2018
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 946
A bill to create and operate a Going pro talent program; to
provide monetary awards to certain employers to train certain
employees; to prescribe the duties and powers of certain state
agencies and certain state and local officials; to create certain
funds; and to provide for the distribution of money.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "Going
pro talent fund act".
Sec. 3. As used in this act:
(a) "Approved training plan" means a training plan submitted
under section 7 that is approved by the department.
(b) "Awardee" means a qualified employer that is awarded funds
under this act.
(c) "Department" means the department of talent and economic
(d) "Fund" means the Going pro talent fund created in section
(e) "Michigan works agency" means that term as defined in
section 3 of the Michigan works one-stop service center system act,
2006 PA 491, MCL 408.113.
(f) "Program" means the Going pro talent program created in
(g) "Qualified employee" means an employee of a qualified
employer who is a United States citizen or otherwise authorized to
work in the United States; is employed by the qualified employer
when the approved training begins; works primarily in this state
and for whom the qualified employer pays all applicable taxes; and
is, as determined by the department, a permanent, full-time
(h) "Qualified employer" means an employer that has a physical
presence in this state, as determined by the department, and that
meets any other criteria established by the department.
(i) "Qualified training provider" means a training provider
that is qualified to provide training under this act, as determined
by the department. A qualified training provider may be, but is not
limited to, any of the following:
(i) A community college described in section 7 of article VIII
of the state constitution of 1963.
(ii) An institution of higher education designated or
described in section 4 of article VIII of the state constitution of
(iii) A proprietary school licensed under the proprietary
schools act, 1943 PA 148, MCL 395.101 to 395.103.
(iv) A registered United States Department of Labor joint
apprenticeship training center.
(v) A qualified employer.
(vi) A vendor that provides training for the operation of
equipment or systems for which the vendor is the provider.
Sec. 5. (1) The Going pro talent fund is created within the
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department is the administrator of the fund for
(5) The department shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) The payment of awards to awardees.
(b) The administration of the program.
Sec. 7. (1) The department shall create and operate the Going
pro talent program. The department shall work with the Michigan
works agencies to implement the program. Michigan works agencies
shall conduct outreach to inform employers of the program.
(2) The purpose of the program is to provide competitive
awards to qualified employers for workforce training, including,
but not limited to, talent enhancement, increasing worker
productivity, development of workforce skills, leadership and
management training, and worker retention.
(3) A Michigan works agency may submit to the department an
application for a program award on behalf of a qualified employer.
A Michigan works agency may submit an application under this
subsection on behalf of 2 or more qualified employers for a shared
training program. The department shall work with the Michigan works
agencies to develop an application for this subsection. The
application developed for this subsection must include a
requirement that a qualified employer submit a training plan.
(4) By August 1, 2018, the department shall develop criteria
to evaluate applications and training plans and shall post the
criteria on its website. The department's criteria must require
that training plans meet, at a minimum, all of the following
(a) Be not more than 6 months in duration, unless approved by
(b) Conclude within 1 year after the date the department
approves the award, unless approved by the department.
(c) Be conducted by a qualified training provider.
(d) Not be for basic training.
(5) The department shall work with the Michigan works agencies
to develop a uniform training agreement to be used by awardees. The
agreement must include the responsibilities of the awardee and any
other requirements the department considers necessary.
(6) Any of the following changes made by an awardee to an
approved training plan do not require the approval of the Michigan
works agency or the department:
(a) Changes to the dates of the qualified training, if,
subject to subsection (4)(b), the new dates will not result in the
training concluding after 1 year after the date the department
approves the award.
(b) A change in the provider of the training, if the content
of the training does not change.
(c) Changes to which qualified employees will receive the
Sec. 9. (1) Expenses for which program award may be used
include, but are not limited to, all of the following:
(a) The actual cost of classroom training, including
instructor costs and instructional materials.
(b) The actual cost of on-the-job training, including wage
reimbursement, as determined by the department.
(c) Other costs as determined by the department.
(2) An awardee shall not expend any amount of a program award
on any of the following:
(a) Equipment, including tools and computers.
(b) Licensing fees.
(c) Curriculum development.
(d) Qualified employee travel costs.
(e) Online training subscriptions.
(f) Training that begins before the date of the award, unless
approved by the department.
(g) Offsetting tuition reimbursement.
(3) If less than the full amount of an award is utilized by a
qualified employer, the Michigan works agency shall remit the
remaining amount of the award to the department. The department
shall deposit money received under this subsection into the fund.
Sec. 11. By March 15 each year, beginning in 2019, the
department shall provide a written report regarding the program to
the chairpersons of the standing committees and the appropriations
subcommittees of the house of representatives and senate having
jurisdiction over legislation pertaining to workforce development.
The report must include all of the following information from the
immediately preceding fiscal year:
(a) The total amount of funding awarded, organized by industry
(b) The total number of applications received and the total
number of applications approved, organized by industry and region.
(c) The following information for each awardee:
(i) The name of the awardee.
(ii) The amount of the award received by the awardee.
(iii) The type of training approved for the awardee.
(iv) The number of qualified employees who completed the
(d) Any other relevant information, as determined by the
department, including, but not limited to, the following:
(i) Total number of individuals hired and trained.
(ii) Total number of apprenticeships or jobs created.
Sec. 13. The department may promulgate rules to implement this
act pursuant to the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.