HF 3592

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 02:26pm

A bill for an act
relating to workforce development; providing for customized training;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 116L.

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

Section 1.

new text begin [116L.101] CUSTOMIZED TRAINING FOR SKILLED
MANUFACTURING INDUSTRIES.
new text end

new text begin Subdivision 1. new text end

new text begin Program. new text end

new text begin The commissioner of employment and economic
development, in consultation with the commissioner of labor and industry, shall collaborate
with Minnesota State Colleges and Universities (MnSCU) institutions and employers
to develop and administer a customized training program for skilled manufacturing
industries that integrates academic instruction and job-related learning in the workplace
and MnSCU institutions. The commissioner shall actively recruit and give priority to
participants in a customized training program for skilled manufacturing industries from
the following groups: minorities, previously incarcerated individuals, individuals residing
in labor surplus areas as defined by the United States Department of Labor, any other
disadvantaged group as determined by the commissioner, individuals with disabilities,
veterans, individuals enrolled in MFIP under chapter 256J, and dislocated workers.
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 them.
new text end

new text begin (b) "Commissioner" means the commissioner of employment and economic
development.
new text end

new text begin (c) "Employer" means an employer in Minnesota in the skilled manufacturing
industry who employs no more than 50 employees and who enters into the agreements
with MnSCU institutions and the commissioner under subdivisions 3 to 5.
new text end

new text begin (d) "MnSCU institution" means an institution designated by the commissioner
unless otherwise specified by the legislature.
new text end

new text begin (e) "Participant" means an employee who enters into a customized training program
for skilled manufacturing industries participation agreement under subdivision 4.
new text end

new text begin (f) "Related instruction" means classroom instruction or technical or vocational
training required to perform the duties of the skilled manufacturing job.
new text end

new text begin (g) "Skilled manufacturing" means occupations in manufacturing industry sectors 31
to 33 as defined by the North American Industry Classification System (NAICS).
new text end

new text begin Subd. 3. new text end

new text begin Skilled manufacturing customized training program employer
agreement. new text end

new text begin (a) The commissioner, employer, and MnSCU institution shall enter into
a skilled manufacturing customized training program employer agreement, hereafter
"employer agreement," that is specific to the identified skilled manufacturing training
needs of an 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 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
employer. A participant may be allowed to work overtime provided that the overtime
work does not conflict with supplementary instruction course attendance. All time spent
by the participant in excess of the number of hours of work per week as specified in the
skilled manufacturing customized training program participation agreement, hereafter
"participation agreement," shall be considered overtime;
new text end

new text begin (3) the hourly wage to be paid to the participant and requirements for reporting to
the commissioner on actual wages paid to the participant;
new text end

new text begin (4) an explanation of how the employer agreement or participant agreement may
be terminated;
new text end

new text begin (5) a statement setting forth a schedule of the processes of the occupation in which
the participant is to be trained and the approximate time to be spent at each process;
new text end

new text begin (6) a statement by the MnSCU institution and the employer describing the related
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 (c) The commissioner may periodically review the adherence to the terms of the
customized training program employer agreement. If the commissioner determines that
an employer or employee has failed to comply with the terms of the agreement, the
commissioner shall terminate the agreement. An employer must report to the commissioner
any change in status for the participant within 30 days of the change in status.
new text end

new text begin Subd. 4. new text end

new text begin Participation agreement. new text end

new text begin (a) The commissioner, the prospective
participant, and the employer shall enter into a participation agreement that is specific to
the training to be provided to the participant.
new text end

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

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

new text begin (2) the name of the participant;
new text end

new text begin (3) a statement setting forth a schedule of the processes of the occupation in which
the participant is to be trained and the approximate time to be spent at each process;
new text end

new text begin (4) a description of any related instruction;
new text end

new text begin (5) 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 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
employer. A participant may be allowed to work overtime provided that the overtime
work does not conflict with supplementary instruction course attendance. All time spent
by the participant in excess of the number of hours of work per week as specified in the
participation agreement shall be considered overtime;
new text end

new text begin (6) the hourly wage to be paid to the participant; and
new text end

new text begin (7) an explanation of how the parties may terminate the participation agreement.
new text end

new text begin (c) The commissioner may periodically review the adherence to the terms of the
participation agreement. If the commissioner determines that an employer or participant
has failed to comply with the terms of the agreement, the commissioner shall terminate the
agreement. An employer must report to the commissioner any change in status for the
participant within 30 days of the change in status.
new text end

new text begin Subd. 5. new text end

new text begin MnSCU instruction. new text end

new text begin (a) The MnSCU institution shall collaborate
with an employer to provide related instruction that the employer deems necessary to
instruct participants of a skilled manufacturing customized training program. The related
instruction provided must be, for the purposes of this section, career-level, as negotiated
by the commissioner and the MnSCU institution. The related instruction may be for credit
or noncredit, and credit earned may be transferable to a degree program, as determined by
the MnSCU institution. The MnSCU institution shall provide a summary of the related
instruction to the commissioner prior to disbursement of any funds.
new text end

new text begin (b) The commissioner, in conjunction with the MnSCU institution, shall issue a
certificate of completion to a participant who completes all required components of the
participation agreement.
new text end

new text begin (c) As part of the skilled manufacturing customized training program, an employer
shall collaborate with the MnSCU institution for any related instruction required to
perform the skilled manufacturing job. The agreement shall include:
new text end

new text begin (1) a detailed explanation of the related instruction; and
new text end

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

new text begin (d) The commissioner shall follow the requirements of section 116L.98 regardless of
the funding source. The MnSCU institution shall provide the commissioner with the data
needed for the commissioner to fulfill the requirements of section 116L.98.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of employment and economic development for the customized training program for skilled
manufacturing industries under section 1.
new text end