ASSEMBLY, No. 751
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen SULIGA and LANCE
An Act concerning the qualifications of job counselors and amending P.L.1992, c.43.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1992, c.43 (34:15D-3) is amended to read as follows:
3. As used in this act:
"Administrative costs" means any costs incurred by the department to administer the program, including any cost required to collect information and conduct evaluations of service providers pursuant to section 8 of this act and conduct surveys of occupations pursuant to section 12 of this act, to the extent that funding is not available from federal or other sources.
"Approved service provider" means a service provider approved pursuant to section 8 of this act.
"Commission" means the State Employment and Training Commission.
"Commissioner" means the Commissioner of Labor or the commissioner's designees.
"Customized training services" means employment and training services which are provided by the Office of Customized Training pursuant to section 5 of this act.
"Department" means the State Department of Labor.
"Employer" or "business" means any employer subject to the provisions of R.S.43:21-1 et seq.
"Employment and training services" means:
a. Counseling provided pursuant to section 7 of this act;
b. Vocational training;
c. Remedial education; or
d. Occupational safety and health training.
"Fund" means the Workforce Development Partnership Fund established pursuant to section 9 of this act.
"Labor Demand Occupation" means an occupation for which there is or is likely to be an excess of demand over supply for adequately trained workers, including, but not limited to, an occupation designated as a labor demand occupation by the New Jersey Occupational Information Coordinating Committee pursuant to section 12 of this act.
"Occupational safety and health training" means training or education which is designed to assist in the recognition and prevention of potential health and safety hazards related to an occupation which is the subject of vocational training.
"Office" means the Office of Customized Training established pursuant to section 5 of this act.
"Permanent employment" means full-time employment unsubsidized by government training funds which provides a significant opportunity for career advancement and long-term job security and is in the occupation for which a worker receives vocational training pursuant to this act.
"Program" means the Workforce Development Partnership Program created pursuant to this act.
"Qualified disadvantaged worker" means a worker who is not a qualified displaced worker or a qualified employed worker but who otherwise meets the following criteria:
a. Is unemployed;
b. Is working part-time and actively seeking full-time work or is working full-time but is earning wages substantially below the median salary for others in the labor force with similar qualifications and experience; or
c. Is certified by the Department of Human Services as:
(1) Currently receiving public assistance;
(2) Having been recently removed from the public assistance rolls because of gross income exceeding the grant standard for assistance; or
(3) Being eligible for public assistance but not receiving the assistance because of a failure to apply for it.
"Qualified displaced worker" means a worker who:
a. Is unemployed, and:
(1) Is currently receiving unemployment benefits pursuant to R.S.43:21-1 et seq. or any federal or State unemployment benefit extension; or
(2) Has exhausted eligibility for the benefits or extended benefits during the preceding 52 weeks; or
b. Meets the criteria set by Title III of the "Job Training Partnership Act," Pub.L. 97-300 (29 U.S.C. §1651 et seq.) to be regarded as an "eligible dislocated worker" pursuant to that act.
"Qualified employed worker" means a worker who is employed by an employer participating in a customized training program.
"Qualified job counselor" means a job counselor [whose qualifications meet standards established by the commissioner] who:
a. Is employed by the department or an organization or agency approved by the commissioner to provide job counseling for the program; and
b. (1) Has a Bachelor's degree, except that substitution of experience for this educational requirement is permitted;
(2) Has not less than one year of professional vocational counselor experience, except that a Master's degree in psychology, education, social work or personnel administration may be substituted for one year of experience;
(3) Has knowledge of State and federal laws regarding education; employment and training, including, but not limited to, P.L.1992, c.43 (C.34:15D-1 et seq.) and P.L.1992, c.48 (C.34:15B-35 et seq.); wages and hours of work; and temporary disability, workers' compensation and unemployment insurance; and
(4) Has successfully completed 15 or more semester credit hours in vocational guidance or other courses directly related to vocational counseling preparation, except that any individual who is employed as a practicing job counselor on or before the effective date of this act shall be regarded as a qualified job counselor for the purposes of this act, whether or not the individual meets the requirements of this subsection b.
"Remedial education" means any literacy or other basic skills training or education which may not be directly related to a particular occupation but is needed to facilitate success in vocational training or work performance.
"Service provider" or "provider" means a provider of employment and training services including but not limited to a private or public school or institution of higher education, a business, a labor organization or a community-based organization.
"Total revenues dedicated to the program during any one fiscal year" means all moneys received for the fund during any fiscal year, including moneys withdrawn from the State disability benefits fund pursuant to section 3 of P.L.1992, c.44 (C.34:15D-14), minus any repayment made during that fiscal year from the fund to the State disability benefits fund pursuant to that section.
"Training grant" means a grant provided to fund vocational training and any needed remedial education for a qualified displaced or disadvantaged worker pursuant to section 6 of this act.
"Vocational training" means training or education which is related to an occupation and is designed to enhance the marketable skills and earning power of a worker or job seeker.
(cf: P.L.1992, c.43, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill establishes minimum qualifications for individuals who provide job counseling under the Workforce Development Partnership Program. The qualifications include:
1. A Bachelor's degree, except that experience may be substituted to meet this qualification;
2. Not less than one year of professional vocational counselor experience, except that certain Master's degrees may be substituted to meet this qualification;
3. Knowledge of State and federal laws regarding education, training and relevant workplace standards;
4. The completion of 15 or more semester credit hours in vocational guidance or other related courses, and
5. Employment by the department or an approved organization or agency.
The bill also provides that any individual who is or was employed as a practicing job counselor on or before the effective date of the bill will be regarded as a qualified job counselor, whether or not the individual meets these requirements.
Concerns job counselor qualifications.