1999 Minnesota Statutes

CHAPTER 116L. Minnesota job skills partnership

     116L.01 Definitions. 

    Subdivision 1.    Generally.  For the purposes of 
 sections 116L.01 to 116L.05 the terms defined in this section 
 have the meanings given them.  

    Subd. 2.    Partnership.  "Partnership" means the 
 Minnesota job skills partnership created by section 116L.02.  

    Subd. 3.    Board.  "Board" means the partnership board 
 created by section 116L.03.  

    HIST: 1983 c 334 s 1,7; 1987 c 384 art 13 s 27; 1987 c 386 art 
 10 s 8; 1987 c 401 s 36; 1989 c 335 art 1 s 270 

     116L.02 Job skills partnership program. 

    (a) The Minnesota job skills partnership program is created 
 to act as a catalyst to bring together employers with specific 
 training needs with educational or other nonprofit institutions 
 which can design programs to fill those needs.  The partnership 
 shall work closely with employers to train and place workers in 
 identifiable positions as well as assisting educational or other 
 nonprofit institutions in developing training programs that 
 coincide with current and future employer requirements.  The 
 partnership shall provide grants to educational or other 
 nonprofit institutions for the purpose of training displaced 
 workers.  A participating business must match the grant-in-aid 
 made by the Minnesota job skills partnership.  The match may be 
 in the form of funding, equipment, or faculty. 

    (b) The partnership program shall administer the health 
 care and human services worker training and retention program 
 under sections 116L.10 to 116L.15. 

    HIST: 1983 c 334 s 2,7; 1987 c 384 art 3 s 27; 1987 c 386 art 
 10 s 1,8; 1987 c 401 s 36; 1989 c 335 art 1 s 164,270; 1999 c 
 245 art 10 s 2 

     116L.03 Board. 

    Subdivision 1.    Members.  The partnership shall be 
 governed by a board of 12 directors.  

    Subd. 2.    Appointment.  The Minnesota job skills 
 partnership board consists of:  nine members appointed by the 
 governor, the commissioner of trade and economic development, 
 the commissioner of economic security, and the chancellor, or 
 the chancellor's designee, of the Minnesota state colleges and 
 universities.  If the chancellor makes a designation under this 
 subdivision, the designee must have experience in technical 
 education.  Two of the appointed members must be representatives 
 from organized labor.  

    Subd. 3.    Qualifications.  Members must have expertise 
 in, and be representative of the following fields of education, 
 job skills training, labor, business, and government.  

    Subd. 4.    Chair.  The chair shall be appointed by the 
 governor.  

    Subd. 5.    Terms.  The terms of appointed members shall 
 be for four years except for the initial appointments.  The 
 initial appointments of the governor shall have the following 
 terms:  two members each for one, two, three, and four years.  
 Compensation for board members is as provided in section 
 15.0575, subdivision 3. 

    Subd. 6. Repealed, 1987 c 386 art 10 s 7; 1987 c 401 s 
 39 

    Subd. 7.    Offices.  The department of trade and 
 economic development shall provide staff and administrative 
 services for the board.  

    HIST: 1983 c 289 s 115 subd 1; 1983 c 334 s 3,7; 1984 c 544 s 
 84; 1984 c 642 s 3; 1Sp1985 c 14 art 9 s 5,75; 1986 c 444; 1987 
 c 312 art 1 s 26 subd 2; 1987 c 384 art 3 s 27; 1987 c 386 art 
 10 s 2-5,8; 1987 c 401 s 36; 1989 c 335 art 1 s 165,166,270; 
 1991 c 345 art 1 s 74; 1993 c 363 s 1,2; 1994 c 483 s 1; 1995 c 
 212 art 4 s 64; 1996 c 395 s 6,7; 1999 c 223 art 2 s 29; art 3 s 
 1,2 

*   NOTE:  The amendments to subdivisions 1 and 2 by Laws 1999, 
*chapter 223, article 3, sections 1 and 2, are effective July 1, 
*2000.  Laws 1999, chapter 223, article 3, section 8.

     116L.04 Partnership power. 

    Subdivision 1.    Partnership program.  (a) The 
 partnership program may provide grants-in-aid to educational or 
 other nonprofit training institutions using the following 
 guidelines:  

    (1) the educational or other nonprofit institution is a 
 provider of training within the state in either the public or 
 private sector; 

    (2) the program involves skills training that is an area of 
 employment need; and 

    (3) preference will be given to educational or other 
 nonprofit training institutions which serve economically 
 disadvantaged people, minorities, or those who are victims of 
 economic dislocation and to businesses located in rural areas.  

    (b) A single grant to any one institution shall not exceed 
 $400,000.  

    Subd. 1a.    Pathways program.  The pathways program may 
 provide grants-in-aid for developing programs which assist in 
 the transition of persons from welfare to work.  The program is 
 to be operated by the board.  The board shall consult and 
 coordinate with program administrators at the department of 
 economic security to design and provide services for temporary 
 assistance for needy families recipients. 

    Pathways grants-in-aid may be awarded to educational or 
 other nonprofit training institutions for education and training 
 programs that serve public assistance recipients transitioning 
 from public assistance to employment. 

    Preference shall be given to projects that: 

    (1) provide employment with benefits paid to employees; 

    (2) provide employment where there are defined career paths 
 for trainees; 

    (3) pilot the development of an educational pathway that 
 can be used on a continuing basis for transitioning persons from 
 public assistance directly to work; and 

    (4) demonstrate the active participation of department of 
 economic security workforce centers, Minnesota state college and 
 university institutions and other educational institutions, and 
 local welfare agencies. 

    Pathways projects must demonstrate the active involvement 
 and financial commitment of private business.  Pathways projects 
 must be matched with cash or in-kind contributions on at least a 
 one-to-one ratio by participating private business. 

    A single grant to any one institution shall not exceed 
 $400,000. 

    The board shall annually, by March 31, report to the 
 commissioners of economic security and trade and economic 
 development on pathways programs, including the number of public 
 assistance recipients participating in the program, the number 
 of participants placed in employment, the salary and benefits 
 they receive, and the state program costs per participant. 

    Subd. 2.    Information.  The board may collect and 
 disseminate information concerning areas of projected employment 
 need.  The board may also prepare and publish studies, organize 
 conferences, and conduct special projects which will increase 
 knowledge and communication in the areas of employment need, 
 skills training, and education.  

    Subd. 3. Repealed, 1987 c 403 art 2 s 164 

    HIST: 1983 c 334 s 4,7; 1Sp1985 c 14 art 9 s 6; 1987 c 384 art 
 3 s 27; 1987 c 386 art 10 s 8; 1987 c 401 s 36; 1989 c 335 art 1 
 s 167,270; 1997 c 200 art 1 s 58,59; 1999 c 223 art 2 s 30 

     116L.05 Funding. 

    Subdivision 1.    Federal job training funds.  The board 
 may use federal job training program moneys and is authorized to 
 receive those funds.  

    Subd. 2.    Grants, gifts.  The board may accept gifts 
 and grants of any type from any source.  

    Subd. 3.    Use of funds.  The job skills partnership 
 board may use up to six percent of any funds it receives, 
 regardless of the source, for activities authorized under 
 section 116L.04, subdivision 2. 

    HIST: 1983 c 334 s 5,7; 1987 c 384 art 3 s 27; 1987 c 386 art 
 10 s 8; 1987 c 401 s 36; 1989 c 335 art 1 s 270; 1993 c 363 s 3 

     116L.06 Hire education loan program. 

    Subdivision 1.    Fund uses.  The job skills partnership 
 board may make loans to Minnesota employers to train persons for 
 jobs in Minnesota.  The loans must be used to train current and 
 prospective employees of an employer for specific jobs with the 
 employer.  

    Subd. 2.    Loan process.  The board shall establish a 
 schedule and competitive process for accepting loan 
 applications.  The board shall evaluate loan applications. 

    Subd. 3.    Loan priority.  The board shall give 
 priority to loans that provide training for jobs that are 
 permanent, provide health coverage and other fringe benefits, 
 and have a career or job path with prospects for wage increases. 

    Subd. 4.    Loan terms.  Loans may be secured or 
 unsecured, shall be for a term of no more than five years, and 
 shall bear no interest.  The maximum amount of a loan is 
 $250,000.  A loan origination fee of up to two percent of the 
 principal of the loan may be charged.  An employer may have only 
 one outstanding loan.  The loans shall contain such other 
 standard commercial loan terms as the board deems appropriate. 

    Subd. 5.    Loan uses.  Loans must be used by an 
 employer to obtain the most cost-effective training available 
 from public or private training institutions.  An employer must 
 document to the board the process the employer has utilized to 
 ensure that the proposed loan is used to acquire the most 
 cost-effective training and provide a training plan. 

    Subd. 6.    Packaging loans.  The board may package a 
 grant it makes under section 116L.04 with a loan under this 
 section.  

    Subd. 7.    Loan repayments.  Loan repayments and loan 
 origination fees shall be retained by the board for board 
 programs. 

    HIST: 1997 c 200 art 1 s 60; 1999 c 223 art 2 s 31 

     116L.10 Program established. 

    A health care and human services worker training and 
 retention program is established to: 

    (1) alleviate critical worker shortages confronting 
 specific geographical areas of the state, specific health care 
 and human services industries, or specific providers when 
 employers are not currently offering sufficient worker training 
 and retention options and are unable to do so because of the 
 limited size of the employer, economic circumstances, or other 
 limiting factors described in the grant application and verified 
 by the board; and 

    (2) increase opportunities for current and potential direct 
 care employees to qualify for advanced employment in the health 
 care or human services fields through experience, training, and 
 education. 

    HIST: 1999 c 245 art 10 s 3 

     116L.11 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 116L.10 to 116L.15, the terms defined in this section have the 
 meanings given them unless the context clearly indicates 
 otherwise. 

    Subd. 2.    Eligible employer.  "Eligible employer" 
 means a nursing facility, small rural hospital, intermediate 
 care facility for persons with mental retardation or related 
 conditions, waivered services provider, home health services 
 provider, personal care assistant services provider, 
 semi-independent living services provider, day training and 
 habilitation services provider, or similar provider of health 
 care or human services. 

    Subd. 3.    Potential employee target groups.  
 "Potential employee target groups" means high school students, 
 past and present recipients of Minnesota family investment 
 program benefits, immigrants, senior citizens, current health 
 care and human services workers, and persons who are 
 underemployed or unemployed. 

    Subd. 4.    Qualifying consortium.  "Qualifying 
 consortium" means an entity that may include a public or private 
 institution of higher education, work force center, county, and 
 one or more eligible employers, but must include a public or 
 private institution of higher education and one or more eligible 
 employers. 

    HIST: 1999 c 245 art 10 s 4 

     116L.12 Funding mechanism. 

    Subdivision 1.    Applications.  A qualifying consortium 
 shall apply to the board in the manner specified by the board. 

    Subd. 2.    Fiscal requirements.  The application must 
 specify how the consortium will make maximum use of available 
 federal and state training, education, and employment funds to 
 minimize the need for training and retention grants.  A 
 consortium must designate a lead agency as the fiscal agent for 
 reporting, claiming, and receiving payments.  An institution of 
 higher learning may be designated as a lead agency, but the 
 governing board of a multicampus higher education system may not 
 be given that designation. 

    Subd. 3.    Program targets.  Applications for grants 
 must describe targeted employers or types of employers and must 
 describe the specific critical work force shortage the program 
 is designed to alleviate.  Programs may be limited 
 geographically or be statewide.  The application must include 
 verification that in the process of determining that a critical 
 work force shortage exists in the target area, the applicant has:

    (1) consulted available data on worker shortages; 

    (2) conferred with other employers in the target area; and 

    (3) compared shortages in the target area with shortages at 
 the regional or statewide level. 

    Subd. 4.    Grants.  Within the limits of available 
 appropriations, the board shall make grants to qualifying 
 consortia to operate local, regional, or statewide training and 
 retention programs.  Grant awards must establish specific, 
 measurable outcomes and timelines for achieving those outcomes. 

    Subd. 5.    Local match requirements.  A consortium must 
 provide at least a 50 percent match from local resources for 
 money appropriated under this section.  The local match 
 requirement must be satisfied on an overall program basis but 
 need not be satisfied for each particular client.  The local 
 match requirement may be reduced for consortia that include a 
 relatively large number of small employers whose financial 
 contribution has been reduced in accordance with section 116L.15.
 In-kind services and expenditures under section 116L.13, 
 subdivision 2, may be used to meet this local match 
 requirement.  The grant application must specify the financial 
 contribution from each member of the consortium. 

    Subd. 6.    Ineligible worker categories.  Grants shall 
 not be made to alleviate shortages of physicians, physician 
 assistants, or advanced practice nurses. 

    Subd. 7.    Evaluation.  The board shall evaluate the 
 success of consortia that receive grants in achieving expected 
 outcomes and shall report to the legislature annually.  The 
 report must compare consortia in terms of overall program costs, 
 costs per client, retention rates, advancement rates, and other 
 outcome measurements established in the grantmaking process.  
 The first report shall be due on March 15, 2000, and on January 
 15 annually in succeeding years.  The report shall include any 
 recommendations from the board to modify the grant program. 

    HIST: 1999 c 245 art 10 s 5 

     116L.13 Program requirements. 

    Subdivision 1.    Marketing and recruitment.  A 
 qualifying consortium must implement a marketing and outreach 
 strategy to recruit into the health care and human services 
 fields persons from one or more of the potential employee target 
 groups.  Recruitment strategies must include a screening process 
 to evaluate whether potential employees may be disqualified as 
 the result of a required background check or are otherwise 
 unlikely to succeed in the position for which they are being 
 recruited. 

    Subd. 2.    Recruitment and retention incentives.  
 Employer members of a consortium must provide incentives to 
 train and retain employees.  These incentives may include, but 
 are not limited to: 

    (1) paid salary during initial training periods, but only 
 if specifically approved by the board, which must certify that 
 the employer has not formerly paid employees during the initial 
 training period and is unable to do so because of the employer's 
 limited size, financial condition, or other factors; 

    (2) scholarship programs under which a specified amount is 
 deposited into an educational account for the employee for each 
 hour worked, which may include contributions on behalf of an 
 employee to an Edvest account under Minnesota Statutes, sections 
 136A.241 to 136A.245; 

    (3) the provision of advanced education to employees so 
 that they may qualify for advanced positions in the health care 
 or human services fields.  This education may be provided at the 
 employer's site, at the site of a nearby employer, or at a local 
 educational institution or other site.  Preference shall be 
 given to grantees that offer flexible advanced training to 
 employees at convenient sites, allow workers time off with pay 
 during the work day to participate, and provide education at no 
 cost to students or through employer-based scholarships that pay 
 expenses prior to the start of classes rather than upon 
 completion; 

    (4) work maturity or soft skills training, adult basic 
 education, English as a second language instruction, and basic 
 computer orientation for persons with limited previous 
 attachment to the work force due to a lack of these skills; 

    (5) child care subsidies during training or educational 
 activities; 

    (6) transportation to training and education programs; and 

    (7) programs to coordinate efforts by employer members of 
 the consortium to share staff among employers where feasible, to 
 pool employee and employer benefit contributions in order to 
 enhance benefit packages, and to coordinate education and 
 training opportunities for staff in order to increase the 
 availability and flexibility of education and training programs. 

    Subd. 3.    Work hour limits.  High school students 
 participating in a training and retention program shall not be 
 permitted to work more than 20 hours per week when school is in 
 session. 

    Subd. 4.    Collective bargaining agreements.  This 
 section shall be implemented consistent with existing collective 
 bargaining agreements covering health care and human services 
 employees. 

    HIST: 1999 c 245 art 10 s 6 

     116L.14 Career enhancement requirements. 

    All consortium members must work cooperatively to establish 
 and maintain a career ladder program under which direct care 
 staff have the opportunity to advance along a career development 
 path that includes regular educational opportunities, 
 coordination between job duties and educational opportunities, 
 and a planned series of promotions for which qualified employees 
 will be eligible.  This section shall be implemented consistent 
 with existing collective bargaining agreements covering direct 
 care staff. 

    HIST: 1999 c 245 art 10 s 7 

     116L.15 Small employer protection. 

    Grantees must guarantee that small employers, including 
 licensed personal care assistant organizations, be allowed to 
 participate in consortium programs.  The financial contribution 
 required from a small employer must be adjusted to reflect the 
 employer's financial circumstances. 

    HIST: 1999 c 245 art 10 s 8