MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Economic and Workforce Development
By: Senator(s) Parker, DeBar, Blackwell, Jackson (11th), Frazier, Tate, Seymour, Suber, Witherspoon, Butler, Norwood, Branning
AN ACT TO ESTABLISH THE MISSISSIPPI DEPARTMENT OF WORKFORCE DEVELOPMENT; TO MAKE THE DEPARTMENT RESPONSIBLE FOR THE ADMINISTRATION OF WORKFORCE PROGRAMS ADMINISTERED BY THE MISSISSIPPI STATE WORKFORCE INVESTMENT BOARD, THE MISSISSIPPI COMMUNITY COLLEGE BOARD AND INDIVIDUAL COMMUNITY OR JUNIOR COLLEGES, INCLUDING PROGRAMS ADMINISTERED THROUGH THE MISSISSIPPI WORKFORCE ENHANCEMENT TRAINING FUND AND THE MISSISSIPPI WORKS FUND; TO PROVIDE FOR THE DEPARTMENT TO BE HEADED BY THE EXECUTIVE DIRECTOR OF WORKFORCE DEVELOPMENT, TO SERVE AT THE WILL AND PLEASURE OF THE BOARD OF DIRECTORS; TO PROVIDE FOR THE CONSTITUTION OF THE BOARD'S MEMBERSHIP AND THE TERMS OF OFFICE OF THE MEMBERS; TO PROVIDE REPORTING REQUIREMENTS FOR THE DEPARTMENT; TO PROVIDE FOR THE CONFIDENTIALITY OF CERTAIN INFORMATION SUBMITTED TO THE EXECUTIVE DIRECTOR CONCERNING WORKFORCE TRAINING PROJECTS; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS; TO AMEND SECTIONS 71-5-353, 71-5-453, 37-153-7, 37-153-11 AND 37-153-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 60, CHAPTER 572, LAWS OF 2004, AS LAST AMENDED BY SECTION 58, CHAPTER 451, LAWS OF 2019, WHICH IS THE REPEALER FOR THE CHAPTER, TO EXCLUDE THE SECTIONS OF THE CHAPTER CORRESPONDING TO SECTIONS 37-153-1 THROUGH 37-153-13; TO CREATE NEW SECTION 37-153-17, MISSISSIPPI CODE OF 1972, TO CODIFY THE REPEALER OF SECTIONS 37-153-1 THROUGH 37-153-13, AND TO ADD SECTION 37-153-15 AS SUBJECT TO THE REPEALER; TO BRING FORWARD SECTIONS 37-153-1, 37-153-3, 37-153-5, 37-153-9 AND 37-153-15, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Definitions. When used in this chapter, unless the context indicates otherwise:
(a) "Department" means the Mississippi Department of Workforce Development.
(b) "Board" means the board of directors of the department.
(c) "Executive director" means the Executive Director of Workforce Development.
(d) "Programs" means workforce training programs established or administered under this act.
SECTION 2. Establishment of the Department of Workforce Development. (1) There is established the Mississippi Department of Workforce Development. The department shall be a subdivision housed within, but independent of, the Mississippi Community College Board. The executive director shall maintain complete and exclusive operational control of the department's functions.
(2) State-funded workforce programs, as designated in this section, which are administered by the Mississippi State Workforce Investment Board, Mississippi Community College Board, individual community or junior colleges, or other relevant state agencies or organizations before the effective date of this act shall be transferred to the department. This specifically includes programs administered through the Mississippi Workforce Enhancement Training Fund and the Mississippi Works Fund, as described in Section 71-5-353.
(3) The department shall facilitate the coordination, consolidation and promotion of workforce development and training activities statewide.
SECTION 3. Duties. (1) The department shall be headed by the Executive Director of Workforce Development, who shall be a person with extensive experience in development of economic, human and physical resources, and promotion of industrial and commercial development. The executive director shall have a master's degree or juris doctorate from an accredited institution of higher learning and have no less than five (5) years of professional experience related to workforce or economic development.
(2) The executive director shall:
(a) Perform the functions necessary for the daily operation and administration of the department, with oversight from the board;
(b) Consult with the Executive Director of the Mississippi Community College Board on past and current workforce development efforts, and the transition of certain workforce development programs as described in this section to the department;
(c) Perform a comprehensive review of Mississippi's workforce development efforts, including programs supported with state or federal money;
(d) Develop broad statewide workforce development goals, including a goal to raise the state's labor force participation rate, in collaboration with the board, Mississippi State Workforce Investment Board, Mississippi Development Authority, Mississippi Department of Education, Mississippi Community College Board, Mississippi Institutions of Higher Learning, Mississippi Department of Employment Security, Mississippi Department of Rehabilitation Services and other relevant agencies and arms of the state;
(e) Communicate the state's broad workforce goals to targeted audiences who may be eligible for programs, to businesses and to the wider public;
(f) Develop metrics by which to analyze whether workforce development programs administered by the department are effectively moving the state toward workforce development goals developed by the department, and transparency measures to report progress to the public;
(g) Identify and recommend other state or federal programs, aside from those described in this section, which should be moved to the purview of the department in the future with the goal of consolidating workforce development, making workforce efforts more efficient and decreasing the size of government; and
(h) Report on the status of workforce development efforts and the progress toward meeting the goals developed by the department, to include increasing the labor force participation rate, to the Governor, the Speaker of the House, and the President of the Senate, who may disseminate the report to the appropriate members of the legislature.
SECTION 4. Authority. In fulfilling the responsibilities of this act, the executive director may, subject to available appropriations and with oversight from the board:
(a) Hire the deputies, assistants and staff needed for the performance of his or her duties under this act. The executive director, in consultation with the State Personnel Board, shall set the compensation of any hired employees from any funds made available for that purpose. The Mississippi Community College Board, upon request from the executive director, shall supplement the administrative and support staff of the department. The executive director shall have complete and exclusive operational control over any staff provided by the Mississippi Community College Board when such staff member provides duties of the department;
(b) Enter any part of the Mississippi Community College Board, individual community and junior colleges, or other workforce training facilities operated by the state or its subdivisions;
(c) Access services, documents, records, programs and materials as necessary to assess the status of workforce development in the state;
(d) Communicate with any governmental entity as is necessary to fulfill the coordinator's duties under this act; and
(e) Perform any other actions the executive director deems necessary to fulfill his or her duties under this act.
SECTION 5. Board of Directors. (1) The executive director shall be appointed by, and serve at the will and pleasure of, a board of directors, made up of representatives from the business community across the state. Initial appointments to the board shall be made no later than July 31, 2020, and appointments to vacant seats shall be made within two (2) months of the vacancy. No member shall serve on the board more than two (2) consecutive terms. The board shall be constituted as follows:
(a) Three (3) members shall be appointed by the Governor, with one from each Supreme Court district. Upon their initial appointment, one (1) of the members shall be appointed for a term of one (1) year; one (1) for a term of two (2) years; and one (1) for a term of three (3) years; thereafter, each member shall be appointed and shall hold office for a term of four (4) years.
(b) Two (2) at-large members shall be appointed by the President of the Senate. Upon their initial appointment, one (1) of the members shall be appointed for a term of two (2) years; and one (1) for a term of three (3) years; thereafter, each member shall be appointed and shall hold office for a term of four (4) years.
(c) Two (2) at-large members shall be appointed by the President of the Senate, with the advice and consent of the House of Representatives. Upon their initial appointment and thereafter, each member shall be appointed and shall hold office for a term of four (4) years.
(d) Additionally, one (1) legislator from the Senate, appointed by the President of the Senate, and one (1) legislator from the House of Representatives, appointed by the Speaker of the House, shall serve on the board as non-voting members whose terms end concurrently with the end of the four-year legislative term.
(2) The board shall elect a chair from its membership at the first meeting of the original board members and every year thereafter. A majority of the membership of the board shall constitute a quorum for the transaction of any business. The board shall meet regularly once a month at such time as shall be designated by an order entered upon the minutes thereof. Special meetings of the board shall be held upon call of the chair or upon the call of a majority of the members. The board shall hold its sessions at the seat of government, or at a location in the state designated by an order entered upon the minutes.
(3) Members of the board shall be reimbursed for expenses in the manner and amount specified in Section 25-3-41 and shall be entitled to receive per diem compensation as authorized in Section 25-3-69.
(4) Board members may be recalled by their appointing authority for cause, including as the result of a felony conviction, fraudulent or dishonest acts or gross abuse of discretion, failure to meet board member qualifications, or chronic failure to attend board meetings.
SECTION 6. State Workforce Investment Board. The Mississippi State Workforce Investment Board, established and administered pursuant to federal law and Sections 37-153-1 through 37-153-13, from the effective date of this act forward shall be a subdivision housed within, but independent of, the Mississippi Department of Workforce Development. This section shall not alter the organization or duties of the Mississippi State Workforce Investment Board as required by federal law.
SECTION 7. Other funds. (1) The Mississippi Workforce Enhancement Training Fund and the Mississippi Works Fund, established and administered pursuant to Section 71-5-353, are transferred to the administrative authority and oversight of the department.
(2) All contracts, leases, grants and agreements previously entered into by the Mississippi State Workforce Investment Board, Mississippi Community College Board, individual community or junior colleges, or other entities shall continue in full force and effect without modification or interruption by the provisions of this section.
SECTION 8. Reporting requirements. The department shall file an annual report with the Governor, Secretary of State, President of the Senate, Secretary of the Senate, Speaker of the House, and Clerk of the House not later than October 1 of each year regarding all funds approved by the department to be expended on workforce training during the prior calendar year. The report shall include:
(a) Information on the performance of the Mississippi Workforce Enhancement Training Fund and the Mississippi Works Fund, in terms of adding value to the local and state economy, the contribution to future growth of the state economy, and movement toward state goals, including increasing the labor force participation rate; and
(b) With respect to specific workforce training projects:
(i) The location of the training;
(ii) The amount allocated to the project;
(iii) The purpose of the project;
(iv) The specific business entity that is the beneficiary of the project; and
(v) The number of employees intended to be trained and actually trained, if applicable, in the course of the project.
SECTION 9. Limitations. All information concerning a proposed project which is provided to the executive director shall be kept confidential. Such confidentiality shall not limit disclosure under the Mississippi Public Records Act of 1983 of records describing the nature, quantity, cost or other pertinent information related to the activities of, or services performed using, the Mississippi Workforce Enhancement Training Fund or the Mississippi Works Fund.
SECTION 10. Authority to promulgate regulations. The department shall have the authority to promulgate rules and regulations, not inconsistent with this chapter, as it may deem necessary to enforce its provisions.
SECTION 11. Section 71-5-353, Mississippi Code of 1972, is amended as follows:
71-5-353. (1) (a) Each employer shall pay unemployment insurance contributions equal to five and four-tenths percent (5.4%) of taxable wages paid by him each calendar year, except as may be otherwise provided in Section 71-5-361 and except that each newly subject employer shall pay unemployment insurance contributions at the rate of one percent (1%) of taxable wages, for his first year of liability, one and one-tenth percent (1.1%) of taxable wages for his second year of liability, and one and two-tenths percent (1.2%) of taxable wages for his third and subsequent years of liability unless the employer's experience-rating record has been chargeable throughout at least the twelve (12) consecutive calendar months ending on the most recent computation date at the time the rate for a year is determined; thereafter the employer's contribution rate shall be determined in accordance with the provisions of Section 71-5-355.
(b) Notwithstanding the newly subject employer contribution rate provided for in paragraph (a) of this subsection, the contribution rate of all newly subject employers shall be reduced by seven one-hundredths of one percent (.07%) for calendar year 2013 only. The contribution rate of all newly subject employers shall be reduced by three one-hundredths of one percent (.03%) for calendar year 2014 only. For purposes of this chapter, "newly subject employers" means employers whose unemployment insurance experience-rating record has not been chargeable throughout at least the twelve (12) consecutive calendar months ending on the most recent computation date at the time the contribution rate for a year is determined.
(2) (a) (i) There is hereby created in the Treasury of the State of Mississippi special funds to be known as the "Mississippi Workforce Enhancement Training Fund" and the "Mississippi Works Fund" which consist of funds collected pursuant to subsection (3) of this section.
(ii) Funds collected shall initially be deposited into the Mississippi Department of Employment Security bank account for clearing contribution collections and subsequently appropriate amounts shall be transferred to the Mississippi Workforce Investment and Training Fund Holding Account described in Section 71-5-453. In the event any employer pays an amount insufficient to cover the total contributions due, the amounts due shall be satisfied in the following order:
1. Unemployment contributions;
2. Mississippi Workforce Enhancement Training contributions, State Workforce Investment contributions and the Mississippi Works contributions, known collectively as the Mississippi Workforce Investment and Training contributions, on a pro rata basis;
3. Interest and damages; then
4. Legal and processing costs.
The amount of unemployment insurance contributions due for any period will be the amount due according to the actual computations unless the employer is participating in the MLPP. In that event, the amount due is the MLPP amount computed by the department.
Cost of collection and
administration of the Mississippi Workforce Enhancement Training contribution,
the State Workforce Investment contribution and the Mississippi Works
contribution shall be allocated based on a plan approved by the United States
Department of Labor (USDOL). The Mississippi * * * Department of
Workforce Development shall pay the cost of collecting the Mississippi
Workforce Enhancement Training contributions, the State Workforce Investment
Board shall pay the cost of collecting the State Workforce Investment
contributions and the Mississippi Department of Employment Security shall pay
the cost of collecting the Mississippi Works contributions. Payments shall be
made semiannually with the cost allocated to each based on a USDOL approved
plan on a pro rata basis, for periods ending in June and December of each
year. Payment shall be made by each organization to the department no later
than sixty (60) days after the billing date. Cost shall be allocated under the
USDOL's approved plan and in the same ratio as each contribution type
represents to the total authorized by subparagraph (ii) * * *2 of this paragraph to be collected
for the period.
(b) Mississippi Workforce Enhancement Training contributions and State Workforce Investment contributions shall be distributed as follows:
(i) For calendar year 2014, ninety-four and seventy-five one-hundredths percent (94.75%) shall be distributed to the Mississippi Workforce Enhancement Training Fund and the remainder shall be distributed to the State Workforce Investment Board bank account;
(ii) For calendar years subsequent to calendar year 2014, ninety-three and seventy-five one-hundredths percent (93.75%) shall be distributed to the Mississippi Workforce Enhancement Training Fund and the remainder shall be distributed to the State Workforce Investment Board bank account;
(iii) Workforce Enhancement Training contributions and State Workforce Investment contributions for calendar years 2014 and 2015 shall be distributed as provided in subparagraphs (i) and (ii) of this paragraph regardless of when the contributions were collected.
(c) All contributions
collected for the State Workforce Enhancement Training Fund, the State
Workforce Investment Fund and the Mississippi Works Fund will be initially
deposited into the Mississippi Department of Employment Security bank account
for clearing contribution collections and subsequently transferred to the
Workforce Investment and Training Holding Account and will be held by the
Mississippi Department of Employment Security in such account for a period of
not less than thirty (30) days. After such period, the Mississippi Workforce
Enhancement Training contributions shall be transferred to the Mississippi * * * Department of Workforce
Development Treasury Account, the State Workforce Investment contributions
and the Mississippi Works contributions shall be transferred to the Mississippi
Department of Employment Security Mississippi Works Treasury Account in the
same ratio as each contribution type represents to the total authorized by
paragraph (a)(ii) * * *2
of this subsection to be collected for the period and within the time frame
determined by the department; however, except in cases of extraordinary
circumstances, these funds shall be transferred within fifteen (15) days.
Interest earnings or interest credits on deposit amounts in the Workforce
Investment and Training Holding Account shall be retained in the account to pay
the banking costs of the account. If after the period of twelve (12) months
interest earnings less banking costs exceeds Ten Thousand Dollars ($10,000.00),
such excess amounts shall be transferred to the respective accounts within
thirty (30) days following the end of each calendar year on the basis described
in paragraph (b) of this subsection. Interest earnings and/or interest credits
for the State Workforce Investments funds shall be used for the payment of
banking costs and excess amounts shall be used in accordance with the rules and
regulations of the State Workforce Investment Board expenditure policies.
(d) All enforcement procedures for the collection of delinquent unemployment contributions contained in Sections 71-5-363 through 71-5-383 shall be applicable in all respects for collections of delinquent unemployment insurance contributions designated for the Unemployment Compensation Fund, the Mississippi Workforce Enhancement Training Fund, the State Workforce Investment Board Fund and the Mississippi Works Fund.
(e) (i) Except as
otherwise provided for in this subparagraph (i), all monies deposited into the
Mississippi Workforce Enhancement Training Fund Treasury Account shall be
utilized exclusively by the Mississippi * * * Department of
Workforce Development in accordance with the Workforce Training Act of 1994
(Section 37-153-1 et seq.) * * * and under policies approved by the
Mississippi * * * Department of Workforce Development for the following
purposes: to provide training * * * in collaboration with the
Mississippi Community College Board and individual community and junior
colleges to employers and employees in order to enhance employee
productivity. Such training may be subject to a minimal administrative fee to
be paid from the Mississippi Workforce Enhancement Training Fund as established
by the * * * Department of Workforce Development. The
initial priority of these funds shall be for the benefit of existing businesses
located within the state. Employers may request training for existing
employees and/or newly hired employees from the Mississippi * * * Department of
Workforce Development. The Department of Workforce Development, in
consultation with the Mississippi Community College Board, will be
responsible for approving the training. A portion of the funds collected for
the Mississippi Workforce Enhancement Training Fund shall be used for the
development of performance measures to measure the effectiveness of the use of
the Mississippi Workforce Enhancement Training Fund
dollars. These performance measures shall be uniform for all * * * training projects
and shall be reported to the Governor, Lieutenant Governor, Speaker of the
House, and members of the Legislature. Nothing in this section or
elsewhere in law shall be interpreted as giving the Department of Workforce
Development or State Workforce Investment Board authority to direct the
Mississippi Community College Board or individual community or junior colleges
on how to expend * * * other funds, aside from funds appropriated to the Mississippi
Workforce Enhancement Training Fund and Mississippi Works Fund, appropriated
or received for workforce training * * *. The Mississippi Department of Workforce Development,
Mississippi Community College Board, individual community or junior
colleges * * *,
State Workforce Investment Board and other agencies implementing or
coordinating state-funded workforce development programs under state law
shall cooperate with each other * * * to promote
effective workforce training in Mississippi, under the coordination of the Mississippi
Department of Workforce Development. Any
subsequent changes to these performance measures shall also be reported to the
Governor, Lieutenant Governor, Speaker of the House, and members of the
Legislature. A performance report for each training project and
community college, based upon these measures, shall be submitted annually to
the Governor, Lieutenant Governor, Speaker of the House, and members of
the Legislature.
(ii) Except as otherwise provided in this paragraph (e), all funds deposited into the State Workforce Investment Board bank account shall be used for administration of State Workforce Investment Board business, grants related to training, and other projects as determined appropriate by the State Workforce Investment Board and shall be nonexpiring. Policies for grants and other projects shall be approved through a majority vote of the State Workforce Investment Board.
(iii)
All funds deposited into the Mississippi
Department of Employment Security Mississippi Works Fund shall be disbursed
exclusively by the Executive Director of the Mississippi Department of
Employment Security, in accordance with the rules and regulations promulgated
by the * * * Department of
Workforce Development in support of workforce training activities approved
by the Mississippi * * * Department of Workforce Development in support of economic development activities. Funds
allocated by the executive director under this subparagraph (iii) shall only be
utilized for the training of unemployed persons, for immediate training needs
for the net new jobs created by an employer, for the retention of jobs or to
create a work-ready applicant pool of Mississippians with credentials and/or
postsecondary education in accordance with the state's Workforce Investment and
Opportunity Act plan. The Executive Director of the Mississippi Department
of Workforce Development shall give priority to
the training of unemployed persons. Not more than twenty-five percent (25%) of
the funds may be allocated for the retention of jobs and/or creation of a work-ready
applicant pool. Not more than Five Hundred Thousand Dollars ($500,000.00) may
be allocated annually for the training needs of any one (1) employer. The
Mississippi Department of Workforce Development, in collaboration
with the Mississippi Public Community College
System and its partners, shall be the primary entities to facilitate
training. In no case shall these funds be used to supplant workforce funds
available from any other sources, including, but not limited to, local, state
or federal sources that are available for workforce training and development.
Training conducted utilizing these Mississippi Works funds may be subject to a
minimal administrative fee to be paid from the Mississippi Works Fund as
authorized by the Mississippi Department of * * * Workforce
Development. All costs associated with the
administration of these funds shall be reimbursed to the Mississippi Department
of Employment Security from the Mississippi Works Fund.
(iv) 1. The Department of Employment Security shall be the fiscal agent for the receipt and disbursement of all funds in the State Workforce Investment Board bank account, subject to the administrative oversight of the Mississippi Department of Workforce Development.
2. In managing the State Workforce Investment Board bank account, the department shall ensure that any funds expended for contractual services rendered to the State Workforce Investment Board shall be paid only to service providers who have been selected on a competitive basis. Any contract for services entered into using funds from the Workforce Investment Fund bank account shall contain the deliverables stated in terms that allow for the assessment of work performance against measurable performance standards and shall include milestones for completion of each deliverable under the contract. For each contract for services entered into by the State Workforce Investment Board, the board shall develop a quality assurance surveillance plan that specifies quality control obligations of the contractor as well as measurable inspection and acceptance criteria corresponding to the performance standards contained in the contract's statement of work.
3. Any commodities procured for the board shall be procured in accordance with the provisions of Section 31-7-13.
(v) In addition to other expenditures, the department shall expend from the State Workforce Investment Board bank account for the use and benefit of the State Workforce Investment Board, such funds as are necessary to prepare and develop a study of workforce development needs that will consist of the following:
1. An identification of the state's workforce development needs through a well-documented quantitative and qualitative analysis of:
a. The current and projected workforce training needs of existing and identified potential Mississippi industries, with priority given to assessing the needs of existing in-state industry and business. Where possible, the analysis should include a verification and expansion of existing information previously developed by workforce training and service providers, as well as analysis of existing workforce data, such as the data collected through the Statewide Longitudinal Data System.
b. The needs of the state's workers and residents requiring additional workforce training to improve their work skills in order to compete for better employment opportunities, including a priority-based analysis of the critical factors currently limiting the state's ability to provide a trained and ready workforce.
c. The needs of workforce service and training providers in improving their ability to offer industry-relevant training, including an assessment of the practical limits of keeping training programs on the leading edge and eliminating those programs with marginal workforce relevance.
2. An assessment of Mississippi's current workforce development service delivery structure relative to the needs quantified in this subparagraph, including:
a. Development of a list of strengths/weaknesses/opportunities/threats (SWOT) of the current workforce development delivery system relative to the identified needs;
b. Identification of strategic options for workforce development services based on the results of the SWOT analysis; and
c. Development of results-oriented measures for each option that can be baselined and, if implemented, tracked over time, with quantifiable milestones and goals.
3. Preparation of a report presenting all subjects set out in this subparagraph to be delivered to the Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Finance Committee and Chairman of the House Appropriations Committee no later than February 1, 2015.
4. Following the preparation of the report, the State Workforce Investment Board shall make a recommendation to the House and Senate Appropriations Committees on future uses of funds deposited to the State Workforce Investment Fund account. Such future uses may include:
a. The development of promotion strategies for workforce development programs;
b. Initiatives designed to reduce the state's dropout rate, including the development of a statewide career awareness program;
c. The long-term monitoring of the state's workforce development programs to determine whether they are addressing the needs of business, industry, and the workers of the state; and
d. The study of the potential restructuring of the state's workforce programs and delivery systems.
(3) (a) (i) Mississippi Workforce Enhancement Training contributions and State Workforce Investment contributions shall be collected at the following rates:
1. For calendar year 2014 only, the rate of nineteen one-hundredths of one percent (.19%) based upon taxable wages of which eighteen one-hundredths of one percent (.18%) shall be the Workforce Enhancement Training contribution and one-hundredths of one percent (.01%) shall be the State Workforce Investment contribution; and
2. For calendar year 2015 only, the rate of sixteen one-hundredths of one percent (.16%), based upon taxable wages of which fifteen one-hundredths of one percent (.15%) shall be the Workforce Enhancement Training contribution and one-hundredths of one percent (.01%) shall be the State Workforce Investment contribution.
(ii) Mississippi Workforce Enhancement Training contributions, State Workforce Investment contributions and Mississippi Works contributions shall be collected at the following rates:
1. For calendar year 2016 only, at a rate of twenty-four one-hundredths percent (.24%), based upon taxable wages, of which fifteen one-hundredths percent (.15%) shall be the Workforce Enhancement Training contribution, one-hundredths of one percent (.01%) shall be the State Workforce Investment contribution and eight one-hundredths percent (.08%) shall be the Mississippi Works contribution.
2. For calendar years subsequent to calendar year 2016, at a rate of twenty one-hundredths percent (.20%), based upon taxable wages, of which fifteen one-hundredths percent (.15%) shall be the Workforce Enhancement Training contribution, one-hundredths of one percent (.01%) shall be the State Workforce Investment contribution and four one-hundredths percent (.04%) shall be the Mississippi Works contribution. The Mississippi Works contribution shall be collected for calendar years in which the general experience ratio, adjusted on the basis of the trust fund adjustment factor and reduced by fifty percent (50%), results in a general experience rate of less than two-tenths percent (.2%). In all other years the Mississippi Works contribution shall not be in effect.
(iii) The Mississippi Workforce Enhancement Training Fund contribution, the State Workforce Investment contribution and the Mississippi Works contribution shall be in addition to the general experience rate plus the individual experience rate of all employers but shall not be charged to reimbursing or rate-paying political subdivisions or institutions of higher learning, or reimbursing nonprofit organizations, as described in Sections 71-5-357 and 71-5-359.
(b) All Mississippi Workforce Enhancement Training contributions, State Workforce Investment contributions and Mississippi Works contributions collected shall be deposited initially into the Mississippi Department of Employment Security bank account for clearing contribution collections and shall within two (2) business days be transferred to the Workforce Investment and Training Holding Account. Any Mississippi Workforce Enhancement Training Fund and/or State Workforce Investment Board bank account and/or Mississippi Works Fund transactions from the Mississippi Department of Employment Security bank account for clearing contribution collections that are deposited into the Workforce Investment and Training Fund Holding Account and are not honored by a financial institution will be transferred back to the Mississippi Department of Employment Security bank account for clearing contribution collections out of funds in the Mississippi Workforce Investment and Training Fund Holding Account.
(c) Suspension of the Workforce Enhancement Training Fund contributions required pursuant to this chapter shall occur if the insured unemployment rate exceeds an average of five and five-tenths percent (5.5%) for the three (3) consecutive months immediately preceding the effective date of the new rate year following such occurrence and shall remain suspended throughout the duration of that rate year. Such suspension shall continue until such time as the three (3) consecutive months immediately preceding the effective date of the next rate year that has an insured unemployment rate of less than an average of four and five-tenths percent (4.5%). Upon such occurrence, reactivation shall be effective upon the first day of the rate year following the event that lifts suspension and shall be in effect for that year and shall continue until such time as a subsequent suspension event as described in this chapter occurs.
(4) All collections due or accrued prior to any suspension of the Mississippi Workforce Enhancement Training Fund will be collected based upon the law at the time the contributions accrued, regardless of when they are actually collected.
SECTION 12. Section 71-5-453, Mississippi Code of 1972, is amended as follows:
71-5-453. The department
shall be the treasurer and custodian of the fund, and shall administer such
fund in accordance with the directions of the department, and shall issue its
warrants upon it in accordance with such regulations as the department shall
prescribe. The department shall maintain within the fund three (3) separate
accounts: (a) a clearing account, (b) an unemployment trust fund account, and
(c) a benefit payment account. All monies payable to the fund, upon receipt
thereof by the department, shall be immediately deposited in the clearing
account. Refunds payable pursuant to Section 71-5-383 may be paid from the
clearing account by the department. Transfers pursuant to Section 71-5-114 of
all interest, penalties and damages collected shall be made to the Special
Employment Security Administration Fund as soon as practicable after the end of
each calendar quarter. Workforce Enhancement Training contributions, State
Workforce Investment contributions and Mississippi Works contributions shall be
deposited into the Workforce Investment and Training Holding Account as
described in this section. All other monies in the clearing account shall be
immediately deposited with the Secretary of the Treasury of the United States
of America to the Unemployment Trust Fund account for the State of Mississippi,
established and maintained pursuant to Section 904 of the Social Security Act,
as amended, any provisions of law in this state relating to the deposit,
administration, release or disbursement of monies in the possession or custody
of this state to the contrary notwithstanding. The benefit account shall
consist of all monies requisitioned from this state's account in the
Unemployment Trust Fund. Except as herein otherwise provided, monies in the
clearing and benefit accounts may be deposited by the department, in any bank
or public depository in which general funds of the state may be deposited, but
no public deposit insurance charge or premium shall be paid out of the fund.
The department shall be liable for the faithful performance of its duties in
connection with the Unemployment Compensation Fund under this chapter. A
Workforce Investment and Training Holding Account shall be established by and
maintained under the control of the Mississippi Department of Employment
Security. Contributions collected pursuant to the provisions in this chapter
for the Workforce Enhancement Training Fund, State Workforce Investment Fund
and the Mississippi Works Fund shall be transferred from the clearing account
into the Workforce Investment and Training Holding Account on the same schedule
and under the same conditions as funds transferred to the Unemployment
Compensation Fund. Such funds shall remain on deposit in the holding account
for a period of thirty (30) days. After such period, Workforce Enhancement
Training contributions shall be transferred to the appropriate Mississippi * * * Department of
Workforce Development Treasury Account by the department. The State
Workforce Investment contributions shall be transferred to the State Workforce
Investment Board bank account established by the department, and the department
shall have the authority to deposit and disburse funds from the State Workforce
Investment Board bank account as directed by the State Workforce Investment
Board. The Mississippi Works contributions shall be transferred to the
Mississippi Department of Employment Security Treasury Account for the
Mississippi Works Fund. Such transfers shall occur within fifteen (15) days
after the funds have resided in the Workforce Investment and Training Holding
Account for thirty (30) days. One (1) such transfer shall be made monthly, but
the department, in its discretion, may make additional transfers in any month.
In the event such funds transferred are subsequently determined to be
erroneously paid or collected, or if deposit of such funds is denied or
rejected by the banking institution for any reason, or deposits are unable to
clear drawer's account for any reason, the funds must be reimbursed by the
recipient of such funds within thirty (30) days of mailing of notice by the
department demanding such refund, unless funds are available in the Workforce
Investment and Training Holding Account. In that event such amounts shall be
immediately withdrawn from the Workforce Investment and Training Holding
Account by the department and redeposited into the clearing account.
SECTION 13. Section 37-153-7, Mississippi Code of 1972, is amended as follows:
37-153-7. (1) There is created the Mississippi State Workforce Investment Board, which shall be a subdivision housed within, but independent of, the Mississippi Department of Workforce Development. The Mississippi State Workforce Investment Board shall be composed of forty-one (41) voting members, of which a majority shall be representatives of business and industry in accordance with the federal Workforce Investment Act.
(a) The Governor shall appoint the following members of the board to serve a term of four (4) years:
(i) The Executive Director of the Mississippi Association of Supervisors, or his/her designee;
(ii) The Executive Director of the Mississippi Municipal League;
(iii) One (1) elected mayor;
(iv) One (1) representative of an apprenticeship program in the state;
(v) One (1) representative of labor organizations, who has been nominated by state labor federations;
(vi) One (1) representative of individuals and organizations that has experience with respect to youth activities;
(vii) One (1) representative of the Mississippi Association of Planning and Development Districts;
(viii) One (1) representative from each of the four (4) workforce areas in the state, who has been nominated by the community colleges in each respective area, with the consent of the elected county supervisors within the respective workforce area;
(ix) The chair of the Mississippi Association of Community and Junior Colleges; and
(x) Twenty-one (21) representatives of business owners nominated by business and industry organizations, which may include representatives of the various planning and development districts in Mississippi.
(b) The following state officials shall be members of the board:
(i) The Executive Director of the Mississippi Department of Employment Security;
(ii) The Executive Director of the Department of Rehabilitation Services;
(iii) The State Superintendent of Public Education;
(iv) The Executive Director of the Mississippi Development Authority;
(v) The Executive Director of the Mississippi Department of Human Services;
(vi) The Executive Director of the Mississippi Community College Board; and
(vii) The Commissioner of the Institutions of Higher Learning.
(c) The Governor, or his designee, shall serve as a member.
(d) Four (4) legislators, who shall serve in a nonvoting capacity, two (2) of whom shall be appointed by the Lieutenant Governor from the membership of the Mississippi Senate, and two (2) of whom shall be appointed by the Speaker of the House from the membership of the Mississippi House of Representatives.
(e) The membership of the board shall reflect the diversity of the State of Mississippi.
(f) The Governor shall designate the Chairman of the Mississippi State Workforce Investment Board from among the business and industry voting members of the board, and a quorum of the board shall consist of a majority of the voting members of the board.
(g) The voting members of the board who are not state employees shall be entitled to reimbursement of their reasonable expenses incurred in carrying out their duties under this chapter, from any funds available for that purpose.
(2) The Mississippi Department of Employment Security shall establish limits on administrative costs for each portion of Mississippi's workforce development system consistent with the federal Workforce Investment Act or any future federal workforce legislation.
(3) The Mississippi State Workforce Investment Board shall have the following duties. These duties are intended to be consistent with the scope of duties provided in the federal Workforce Investment Act, Workforce Innovation and Opportunity Act, amendments and successor legislation to these acts, and other relevant federal law:
(a) Develop and submit to the Governor a strategic plan for an integrated state workforce development system that aligns resources and structures the system to more effectively and efficiently meet the demands of Mississippi's employers and job seekers. This plan will comply with the federal Workforce Investment Act of 1998, as amended, the federal Workforce Innovation and Opportunity Act of 2014 and amendments and successor legislation to these acts;
(b) Assist the Governor in the development and continuous improvement of the statewide workforce investment system that shall include:
(i) Development of linkages in order to assure coordination and nonduplication among programs and activities; and
(ii) Review local workforce development plans that reflect the use of funds from the federal Workforce Investment Act, Workforce Innovation and Opportunity Act, the Wagner-Peyser Act and the amendment or successor legislation to the acts, and the Mississippi Comprehensive Workforce Training and Education Consolidation Act;
(c) Recommend the designation of local workforce investment areas as required in Section 116 of the federal Workforce Investment Act of 1998 and the Workforce Innovation and Opportunity Act of 2014. There shall be four (4) workforce investment areas that are generally aligned with the planning and development district structure in Mississippi. Planning and development districts will serve as the fiscal agents to manage Workforce Investment Act funds, oversee and support the local workforce investment boards aligned with the area and the local programs and activities as delivered by the one-stop employment and training system. The planning and development districts will perform this function through the provisions of the county cooperative service districts created under Sections 19-3-101 through 19-3-115; however, planning and development districts currently performing this function under the Interlocal Cooperation Act of 1974, Sections 17-13-1 through 17-13-17, may continue to do so;
(d) Assist the Governor in the development of an allocation formula for the distribution of funds for adult employment and training activities and youth activities to local workforce investment areas;
(e) Recommend comprehensive, results-oriented measures that shall be applied to all of Mississippi's workforce development system programs;
(f) Assist the Governor in the establishment and management of a one-stop employment and training system conforming to the requirements of the federal Workforce Investment Act of 1998 and the Workforce Innovation and Opportunity Act of 2014, as amended, recommending policy for implementing the Governor's approved plan for employment and training activities and services within the state. In developing this one-stop career operating system, the Mississippi State Workforce Investment Board, in conjunction with local workforce investment boards, shall:
(i) Design broad guidelines for the delivery of workforce development programs;
(ii) Identify all existing delivery agencies and other resources;
(iii) Define appropriate roles of the various agencies to include an analysis of service providers' strengths and weaknesses;
(iv) Determine the best way to utilize the various agencies to deliver services to recipients; and
(v) Develop a financial plan to support the delivery system that shall, at a minimum, include an accountability system;
(g) Assist the Governor in reducing duplication of services by urging the local workforce investment boards to designate the local community/junior college as the operator of the WIN Job Center. Incentive grants of Two Hundred Thousand Dollars ($200,000.00) from federal Workforce Investment Act funds may be awarded to the local workforce boards where the community/junior college district is designated as the WIN Job Center. These grants must be provided to the community and junior colleges for the extraordinary costs of coordinating with the Workforce Investment Act, advanced technology centers and advanced skills centers. In no case shall these funds be used to supplant state resources being used for operation of workforce development programs;
(h) To provide authority, in accordance with any executive order of the Governor, for developing the necessary collaboration among state agencies at the highest level for accomplishing the purposes of this chapter;
(i) To monitor the effectiveness of the workforce development centers and WIN job centers;
(j) To advise the Governor, public schools, community/junior colleges and institutions of higher learning on effective school-to-work transition policies and programs that link students moving from high school to higher education and students moving between community colleges and four-year institutions in pursuit of academic and technical skills training;
(k) To work with industry to identify barriers that inhibit the delivery of quality workforce education and the responsiveness of educational institutions to the needs of industry;
(l) To provide periodic assessments on effectiveness and results of the overall Mississippi comprehensive workforce development system and district councils; and
(m) To assist the Governor in carrying out any other responsibility required by the federal Workforce Investment Act of 1998, as amended and the Workforce Innovation and Opportunity Act, successor legislation and amendments.
(4) The Mississippi State
Workforce Investment Board shall coordinate all training programs and funds * * * within its
purview, consistent with the federal Workforce Investment Act, Workforce
Innovation and Opportunity Act, amendments and successor legislation to these
acts, and other relevant federal law.
Each state agency director
responsible for workforce training activities shall advise the Mississippi Department
of Workforce Development and the State Workforce Investment Board of
appropriate federal and state requirements. Each such state agency director
shall remain responsible for the actions of his agency; however, each state
agency and director shall work cooperatively * * * to fulfill the state's goals.
(5) The State Workforce
Investment Board shall establish a Rules Committee. * * * The State Workforce Investment Board
Rules Committee shall develop and submit rules and regulations in accordance
with the Mississippi Administrative Procedures Act, within sixty (60) days of
March 21, 2016. The State Workforce Investment Board Rules Committee shall
consist of the following State Workforce Investment Board members:
(a) The Executive Director of the Mississippi Development Authority;
(b) The Executive Director of the Mississippi Department of Employment Security;
(c) The Executive Director of the Mississippi Community College Board;
(d) The Chair of the Mississippi Association of Community and Junior Colleges;
(e) The Chair of the State Workforce Investment Board;
(f) A representative from the workforce areas selected by the Mississippi Association of Workforce Areas, Inc.;
(g) A business representative currently serving on the board, selected by the Chairman of the State Workforce Investment Board; and
(h) Two (2) legislators, who shall serve in a nonvoting capacity, one (1) of whom shall be appointed by the Lieutenant Governor from the membership of the Mississippi Senate and one (1) of whom shall be appointed by the Speaker of the House of Representatives from the membership of the Mississippi House of Representatives.
* * *
SECTION 14. Section 37-153-11, Mississippi Code of 1972, is amended as follows:
37-153-11. (1) There are created workforce development centers to provide assessment, training and placement services to individuals needing retraining, training and upgrading for small business and local industry. Each workforce development center shall be affiliated with a separate public community or junior college district and shall coordinate with the Mississippi Department of Workforce Development.
(2) Each workforce development center shall be staffed and organized locally by the affiliated community college. The workforce development center shall serve as staff to the affiliated district council.
(3) Each workforce development center, working in concert with its affiliated district council, shall offer and arrange services to accomplish the purposes of this chapter, including, but not limited to, the following:
(a) For individuals needing training and retraining:
(i) Recruiting, assessing, counseling and referring to training or jobs;
(ii) Preemployment training for those with no experience in the private enterprise system;
(iii) Basic literacy skills training and high school equivalency education;
(iv) Vocational and technical training, full-time or part-time; and
(v) Short-term skills training for educationally and economically disadvantaged adults in cooperation with federally established employment and training programs;
(b) For specific small businesses, industries or firms within the district:
(i) Job analysis, testing and curriculum development;
(ii) Development of specific long-range training plans;
(iii) Industry or firm-related preemployment training;
(iv) Workplace basic skills and literacy training;
(v) Customized skills training;
(vi) Assistance in developing the capacity for total quality management training;
(vii) Technology transfer information and referral services to business of local applications of new research in cooperation with the University Research Center, the state's universities and other laboratories; and
(viii) Development of business plans;
(c) For public schools within the district technical assistance to secondary schools in curriculum coordination, development of tech prep programs, instructional development and resource coordination; and
(d) For economic development, a local forum and resource center for all local industrial development groups to meet and promote regional economic development.
(4) Each workforce development center shall compile and make accessible to the Department of Workforce Development and Mississippi State Workforce Investment Board necessary information for use in evaluating outcomes of its efforts and in improving the quality of programs at each community college, and shall include information on literacy initiatives. Each workforce development center shall, through an interagency management information system, maintain records on new small businesses, placement, length of time on the job after placement and wage rates of those placed in a form containing such information as established by the state council.
(5) The Mississippi Community College Board is authorized to designate one or more workforce development centers at the request of affiliated community or junior colleges to provide skills training to individuals to enhance their ability to be employed in the motion picture industry in this state.
SECTION 15. Section 37-153-13, Mississippi Code of 1972, is amended as follows:
37-153-13. The Mississippi Community College Board, in collaboration with the Mississippi Department of Workforce Development, is designated as the primary support agency to the workforce development centers. The Mississippi Community College Board, in consultation with the Mississippi Department of Workforce Development, may exercise the following powers:
(a) To provide the workforce development centers the assistance necessary to accomplish the purposes of this chapter;
(b) To provide the workforce development centers consistent standards and benchmarks to guide development of the local workforce development system and to provide a means by which the outcomes of local services can be measured;
(c) To develop the staff capacity to provide, broker or contract for the provision of technical assistance to the workforce development centers, including, but not limited to:
(i) Training local staff in methods of recruiting, assessment and career counseling;
(ii) Establishing rigorous and comprehensive local preemployment training programs;
(iii) Developing local institutional capacity to deliver total quality management training;
(iv) Developing local institutional capacity to transfer new technologists into the marketplace;
(v) Expanding the Skills Enhancement Program and improving the quality of adult literacy programs; and
(vi) Developing data for strategic planning;
(d) To collaborate
with the Mississippi Development Authority, Mississippi Department of
Workforce Development, individual community and junior colleges, and other
economic development organizations to increase the * * * economic
development potential and the state's labor force participation rate;
(e) To administer presented and approved certification programs by the community colleges for tax credits and partnership funding for corporate training;
(f) To create and maintain an evaluation team that examines which kinds of curricula and programs and what forms of quality control of training are most productive so that the knowledge developed at one (1) institution of education can be transferred to others;
(g) To develop internal capacity to provide services and to contract for services from universities and other providers directly to local institutions;
(h) To develop and administer an incentive certification program;
(i) To develop and hire staff and purchase equipment necessary to accomplish the goals set forth in this section; and
(j) To collaborate, partner and contract for services with community-based organizations and disadvantaged businesses in the delivery of workforce training and career information especially to youth, as defined by the federal Workforce Investment Act, and to those adults who are in low income jobs or whose individual skill levels are so low as to be unable initially to be aided by a workforce development center. Community-based organizations and disadvantaged businesses must meet performance-based certification requirements set by the Mississippi Community College Board, in collaboration with the Mississippi Department of Workforce Development.
SECTION 16. Section 60, Chapter 572, Laws of 2004, as amended by Section 58, Chapter 30, Laws of the First Extraordinary Session of 2008, as amended by Section 58, Chapter 559, Laws of 2010 Regular Session, as amended by Section 59, Chapter 471, Laws of 2011, as amended by Section 58, Chapter 515, Laws of 2012, as amended by Section 58, Chapter 451, Laws of 2019, is amended as follows:
Section 60. Sections 8 through 59 of this act shall stand repealed on July 1, 2023.
SECTION 17. The following shall be codified as Section 37-153-17, Mississippi Code of 1972:
37-153-17. Sections 37-153-1, 37-153-3, 37-153-5, 37-153-7, 37-153-9, 37-153-11, 37-153-13 and 37-153-15 shall stand repealed on July 1, 2023.
SECTION 18. Section 37-153-1, Mississippi Code of 1972, is brought forward as follows:
37-153-1. This chapter shall be known and may be cited as the "Mississippi Comprehensive Workforce Training and Education Consolidation Act of 2004."
SECTION 19. Section 37-153-3, Mississippi Code of 1972, is brought forward as follows:
37-153-3. It is the intent of the Legislature by the passage of Chapter 572, Laws of 2004, to establish one (1) comprehensive workforce development system in the State of Mississippi that is focused on achieving results, using resources efficiently and ensuring that workers and employers can easily access needed services. This system shall reflect a consolidation of the Mississippi Workforce Development Advisory Council and the Mississippi State Workforce Investment Act Board. The purpose of Chapter 572, Laws of 2004, is to provide workforce activities, through a statewide system that maximizes cooperation among state agencies, that increase the employment, retention and earnings of participants, and increase occupational skill attainment by participants and as a result, improve the quality of the workforce, reduce welfare dependency and enhance the productivity and competitiveness of the State of Mississippi.
SECTION 20. Section 37-153-5, Mississippi Code of 1972, is brought forward as follows:
37-153-5. For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed in this section unless the context clearly indicates otherwise:
(a) "State board" means the Mississippi State Workforce Investment Board;
(b) "District councils" means the Local Workforce Development Councils;
(c) "Local workforce investment board" means the board that oversees the workforce development activities of local workforce areas under the federal Workforce Investment Act.
SECTION 21. Section 37-153-9, Mississippi Code of 1972, is brought forward as follows:
37-153-9. (1) In accordance with the federal Workforce Investment Act of 1998, there shall be established, for each of the four (4) state workforce areas prescribed in Section 37-153-3 (2)(c), a local workforce investment board to set policy for the portion of the state workforce investment system within the local area and carry out the provisions of the Workforce Investment Act.
(2) Each community college district shall have an affiliated District Workforce Development Council. The district council shall be composed of a diverse group of fifteen (15) persons appointed by the board of trustees of the affiliated public community or junior college. The members of each district council shall be selected from persons recommended by the chambers of commerce, employee groups, industrial foundations, community organizations and local governments located in the community college district of the affiliated community college with one (1) appointee being involved in basic literacy training. However, at least eight (8) members of each district council shall be chief executive officers, plant managers that are representatives of employers in that district or service sector executives. The District Workforce Development Council affiliated with each respective community or junior college shall advise the president of the community or junior college on the operation of its workforce development center/one-stop center.
The Workforce Development Council shall have the following advisory duties:
(a) To develop an integrated and coordinated district workforce investment strategic plan that:
(i) Identifies workforce investment needs through job and employee assessments of local business and industry;
(ii) Sets short-term and long-term goals for industry-specific training and upgrading and for general development of the workforce; and
(iii) Provides for coordination of all training programs, including ABE/High School Equivalency Diploma, Skills Enhancement and Industrial Services, and shall work collaboratively with the State Literacy Resource Center;
(b) To coordinate and integrate delivery of training as provided by the workforce development plan;
(c) To assist business and industry management in the transition to a high-powered, quality organization;
(d) To encourage continuous improvement through evaluation and assessment; and
(e) To oversee development of an extensive marketing plan to the employer community.
SECTION 22. Section 37-153-15, Mississippi Code of 1972, is brought forward as follows:
37-153-15. (1) As used in this chapter:
(a) The words "industry certification" mean a voluntary process through which students are assessed by an independent, third-party certifying entity using predetermined standards for knowledge, skills and competencies, resulting in the award of a credential that is nationally recognized and must be at least one (1) of the following:
(i) Within an industry that addresses a critical local, regional or statewide economic need;
(ii) Linked to an occupation that is included in the State Department of Employment Security's occupations in high-demand list; or
(iii) Linked to an occupation that is identified as emerging.
(b) The words "qualifying industry certification" mean an industry certification that is linked to an occupation with wages of at least seventy percent (70%) of the average annual wage in this state unless the industry certification is stackable to another postsecondary or professional credential which is linked to an occupation which meets the wage criterion.
(2) The State Workforce Investment Board shall provide the State Board of Education annually with a list of qualifying industry certifications. If the occupations identified in the list are not substantially the same as those occupations identified in the prior year, the State Board of Education shall provide reasonable notice of the changes to school districts.
(3) Beginning in fiscal year 2019-2020 and subject to available funding, the Department of Education shall pay a career and technical education incentive grant to the public school for each student enrolled in the public school who earns a qualifying industry certification. The amount per student for the career and technical education incentive grant shall be Six Hundred Dollars ($600.00). If the statewide sum of the career and technical education incentive grants awarded pursuant to this section exceeds the amount of available funds appropriated for the grants, the grants per student shall be reduced proportionately to cover all eligible grants under this section.
(4) The grants may be used for qualifying industry certification examination fees, professional development for teachers in career and technical education programs under this section, student instructional support for programs that lead to qualifying industry certifications, or to increase access to qualifying industry certifications. Any grants awarded under this section may not be used to supplant funds provided for the basic operation of the career and technical education programs.
(5) On or before July 1 of each year, the Department of Education shall submit a report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairmen of the House and Senate Education Committees, the Chairman of the House Workforce Development Committee and the Chairman of the Senate Labor Committee on the following:
(a) The number of students who enrolled in a career and technical education course or program that leads to a qualifying industry certification.
(b) The number of students who earned a qualifying industry certification by certification.
(c) The amount of career and technical education incentive grants awarded by the school.
(d) The amount of career and technical education incentive grants awarded per student.
(e) Aggregated demographic data on the students who earned a qualifying industry certification, including the qualifying industry certifications earned by rural and urban students.
SECTION 23. This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 30, 2020.