ASSEMBLY, No. 1960
STATE OF NEW JERSEY
INTRODUCED MAY 6, 1996
By Assemblywoman FRISCIA, Assemblymen WISNIEWSKI, Gusciora, Dalton, Zisa and Assemblywoman Buono
An Act providing training grants to certain workers notified of permanent termination of employment, amending P.L.1992, c. 43 and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1992, c.43 (C. 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], P.L.1992, c.43 (C.34:1A-78) 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 ac]t P.L.1992, c.43 (C.34:1A-78).
"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; or
c. Is employed in a nonseasonal, nonconstruction job and has been notified that the job is being permanently terminated, other than for cause, and that no other employment is being offered by the employer to the worker.
"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.
"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. Section 6 of P.L.1992, c.43 (C. 34:15D-6) is amended to read as follows:
6. a. The Workforce Development Partnership Program shall, to the extent that resources available in the fund permit, provide, for each qualified displaced or disadvantaged worker who undergoes counseling pursuant to section 7 of this act, a training grant to pay for employment and training services which are identified in the Employability Development Plan developed pursuant to that section for that worker. No training grant made pursuant to this subsection during the first 12 months following July 1, 1992 shall exceed the amount deemed reasonable by the commissioner for the particular training, which amount shall not exceed $4,000, except that the commissioner may permit an additional amount, if he deems it necessary to provide remedial education identified in the Employability Development Plan.
b. The Workforce Development Partnership Program may provide, for any individual who is selected to receive a self-employment assistance allowance pursuant to section 4 of P.L.1995, c.394 (C.43:21-70), a training grant to pay for entrepreneurial training and technical assistance deemed necessary and appropriate by the commissioner to help the individual to become self-employed. A training grant made pursuant to this subsection shall be in an amount deemed reasonable by the commissioner for the particular training, but, during the first 12 months following January 1, 1996, shall not be in an amount which exceeds $400, or, if the grant is for training provided by any public institution of higher education indicated in N.J.S.18A:62-1, shall not be in an amount which exceeds $1,500.
c. The maximum amounts permitted for training grants made pursuant to subsection a. or b. of this section may be adjusted annually thereafter by the commissioner, taking into consideration changes in the prevailing costs of services and the availability of alternative sources of funding for the services. Any cost for employment and training services which exceeds the amount of a training grant shall be the responsibility of the worker receiving the grant. The cost of counseling provided pursuant to section 7 of this act shall not be charged against the training grant. No portion of a training grant may be expended on wage subsidies.
d. If the requirements of this section and sections 4 and 7 of this act are met, a qualified displaced or disadvantaged worker shall not be denied a training grant for any of the following reasons: the training includes remedial education needed by the worker to succeed in the vocational component of the training; the training is part of a program under which the worker may obtain any college degree enhancing the worker's marketable skills and earning power; the length of the training period under the program; or the lack of a prior guarantee of employment upon completion of the training.
e. In cases of qualified displaced workers who are employed in nonseasonal, nonconstruction jobs and have been notified that the jobs are being permanently terminated, other than for cause, and that no other employment is being offered by the employer, training grants may be provided for training which commences prior to the employment being terminated and priority shall be given to grants to workers whose employers provide; matching funds for the grant; or paid time to the workers to undergo counseling pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7) or training under the grant; or both.
(cf: P.L.1995, c.394, s.11)
3. There is appropriated from the General Fund to the Workforce Development Partnership Fund established pursuant to section 9 of P.L.1992, c.43 (C.34:15D-9) $10 million during fiscal year 1997, $10 million during fiscal year 1998 and $10 million during fiscal year 1999 for the purpose of providing individual training grants pursuant to subsection e. of section 6 of P.L.1992, c.43 (C. 34:15D-6) to qualified displaced workers who are employed in nonseasonal jobs and have been notified that the jobs are being permanently terminated and that no other employment is being offered by the employer.
4. This act shall take effect immediately.
STATEMENT
This bill provides that currently employed, non-seasonal, nonconstruction workers who have been notified that their jobs are being permanently terminated other than for cause with no offer of other employment from their employers may receive individual training grants from the Workforce Development Partnership Program established pursuant to P.L.1992, c.43 (C.34:15D-1 et seq.), prior to the termination of employment. Priority is given to workers whose employers provide matching funds for the grants or paid time for the workers in connection with the training. The bill finances the training with annual General Fund appropriations of $10 million during Fiscal year 1997, 1998 and 1999.
Provides training grants to workers notified of permanent layoff; appropriates $30 million.