HF 1391

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 02:32pm

A bill for an act
relating to jobs; creating a collaborative job-based education and apprenticeship
program; requiring a report; appropriating money; proposing coding for new law
as Minnesota Statutes, chapter 178A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [178A.10] JOB-BASED EDUCATION AND APPRENTICESHIP
PROGRAM (JEAP).
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of labor and industry, in
collaboration with the Board of Trustees of the Minnesota State Colleges and Universities
(MnSCU) and eligible employers, shall create a comprehensive job-based education
and apprenticeship program (JEAP) that integrates academic instruction and job-related
learning in the workplace and through MnSCU institutions. The commissioner shall
actively recruit participants in JEAP, through the Web-based hub created in subdivision 3
and other means, from the following groups: secondary and postsecondary school systems;
individuals with disabilities; dislocated workers; retired and disabled veterans; individuals
enrolled in MFIP under chapter 256J; minorities; previously incarcerated individuals;
individuals residing in labor surplus areas as defined by the United States Department of
Labor; and any other disadvantaged group as determined by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in
this subdivision have the meanings given.
new text end

new text begin (b) "Board of Trustees of the Minnesota State Colleges and Universities" has the
meaning given in section 136F.01.
new text end

new text begin (c) "Commissioner" means the commissioner of labor and industry.
new text end

new text begin (d) "Eligible employer" means a skilled manufacturing employer within the
state who enters into an agreement with MnSCU and the commissioner of labor under
subdivisions 3 and 4.
new text end

new text begin (e) "Hub" or "the hub" means the Web-based listing of skilled manufacturing jobs
under subdivision 3.
new text end

new text begin (f) "MnSCU institution" means the local college or university providing instruction
to the participant.
new text end

new text begin (g) "Participant" means an employee who:
new text end

new text begin (1) enters into a modified apprenticeship agreement under subdivision 4; and
new text end

new text begin (2) is successfully admitted to a MnSCU institution, if applicable.
new text end

new text begin (h) "Skilled manufacturing" is as defined jointly by the MnSCU institution and
the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Job-seekers hub. new text end

new text begin (a) The commissioner shall create a centralized
Web-based job-seekers' hub that matches the needs of eligible employers with job seekers.
new text end

new text begin (b) An eligible employer may advertise an apprenticeship or job opportunity on
the hub if the employer agrees to:
new text end

new text begin (1) collaborate with a MnSCU institution to assist with the development of any
necessary classroom instruction or technical or vocational training that may be required to
perform the duties of the skilled manufacturing job;
new text end

new text begin (2) collaborate with the commissioner of labor and industry to create an
employer-specific modified apprenticeship program under subdivision 4;
new text end

new text begin (3) abide by the terms of the modified apprenticeship program agreement under
subdivision 4; and
new text end

new text begin (4) employ the participant for the duration of the modified apprenticeship program
and, assuming successful completion, make reasonable efforts to continue to employ the
participant as a regular employee.
new text end

new text begin (c) Participants seeking skilled manufacturing jobs advertised on the hub agree to
abide by the terms of the modified apprenticeship agreement under subdivision 4.
new text end

new text begin (d) The commissioner shall design the hub so that it provides information to
job-seekers as a whole, and also specific, relevant information to the groups listed in
subdivision 1. The Board of MnSCU and MnSCU institutions shall provide information
for the hub describing the instruction component of JEAP.
new text end

new text begin Subd. 4. new text end

new text begin Modified apprenticeship program. new text end

new text begin (a) The commissioner, eligible
employer, and MnSCU institution shall create an apprenticeship agreement that is specific
to the identified manufacturing needs of an eligible employer.
new text end

new text begin (b) The agreement must contain the following:
new text end

new text begin (1) the name of the employer;
new text end

new text begin (2) a statement showing the number of hours to be spent by a participant in work
and the number of hours to be spent, if any, in concurrent, supplementary instruction in
related subjects. The maximum number of hours of work per week, not including time
spent in related and supplemental instruction, for any participant shall not exceed either
the number prescribed by law or the customary regular number of hours per week for the
employees of the company by which the participant is employed. A participant may
be allowed to work overtime provided that the overtime work does not conflict with
supplementary instruction course attendance. All time in excess of the number of hours of
work per week as specified in the apprenticeship agreement shall be considered overtime;
new text end

new text begin (3) a statement showing the schedule of wages that a participant will earn, including
a probationary period, if any;
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new text begin (4) an explanation of how the parties may terminate an agreement under this
subdivision;
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new text begin (5) a statement setting forth a schedule of the processes in the trade, occupation,
or industry divisions in which the participant is to be taught and the approximate time to
be spent at each process;
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new text begin (6) a statement by the MnSCU institution and the employer describing the instruction
that will be offered, if any, under subdivision 5, paragraph (c); and
new text end

new text begin (7) any other provision the commissioner deems necessary to carry out the purposes
of this section.
new text end

new text begin Subd. 5. new text end

new text begin MnSCU instruction. new text end

new text begin (a) MnSCU institutions shall collaborate with
eligible employers to provide classroom instruction which the employer deems necessary
to instruct participants of an apprenticeship program under subdivision 4. The instruction
provided must be career-level, as negotiated by the commissioner and the MnSCU
institution. Instruction may be for credit or noncredit and credit earned may be transferable
to a degree-seeking program, as determined by the MnSCU institution.
new text end

new text begin (b) The MnSCU institution shall issue a certificate of completion to a participant
who completes all required components of the modified apprenticeship agreement and the
instruction provided by the MnSCU institution.
new text end

new text begin (c) As part of the modified apprenticeship agreement under subdivision 4, an eligible
employer shall collaborate with a MnSCU institution if the employer determines that
additional classroom instruction or technical or vocational training is required to perform
the skilled manufacturing job. The agreement shall include:
new text end

new text begin (1) a detailed explanation of the type of instruction or training required to perform
the skilled manufacturing job for the employer;
new text end

new text begin (2) the number of hours of instruction needed to receive a certificate of completion;
and
new text end

new text begin (3) the amount of tuition per credit which must be remitted by the employer.
new text end

new text begin (d) Before entering into a modified apprenticeship agreement under subdivision 4, a
participant must apply to the MnSCU institution at which the required instruction will
occur. Acceptance into JEAP does not guarantee acceptance as a student in good standing
at a MnSCU institution. MnSCU may modify admission procedures and requirements for
participants applying for JEAP under this section.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin JEAP does not expire unless jointly agreed to by both the
Board of Trustees of MnSCU and the commissioner.
new text end

Sec. 2. new text begin IMPLEMENTATION; REPORT.
new text end

new text begin The commissioner shall implement JEAP at Century College and Alexandria
Technical and Community College. By January 15, 2015, the commissioner shall report to
the legislative committees with jurisdiction over jobs on the progress and success of JEAP
under Minnesota Statutes, section 178A.10, and where JEAP should next be implemented.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2014 and $...... in fiscal year 2015 are appropriated from
the workforce development fund to the Board of Trustees of MnSCU for the purposes of
the job-based education and apprenticeship program under Minnesota Statutes, section
178A.10.
new text end

new text begin (b) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from the
workforce development fund to the commissioner of labor and industry for the purposes
of the job-based education and apprenticeship program under Minnesota Statutes, section
178A.10.
new text end

new text begin (c) $....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from
the workforce development fund for a grant to Alexandria Technical and Community
College for the Customized Training Center.
new text end