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

 

development.

 

     (d) "Fund" means the Going pro talent fund created in section

 

5.

 

     (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

 

section 7.

 

     (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

 

employee.

 

     (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


1963.

 

     (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

 

state treasury.

 

     (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

 

auditing purposes.

 

     (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

 

requirements:

 

     (a) Be not more than 6 months in duration, unless approved by

 

the department.

 

     (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

 

training.

 

     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

 

and region.

 

     (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

 

approved training.

 

     (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.