SB-0946, As Passed House, June 12, 2018





























     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.




     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


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




     (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


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




     (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




     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.