HB1387_S_Cmte_Amend

SECTION 1. Upon the effective date of this act, the State Fiscal Officer shall transfer to the Restart Mississippi Workforce Development Fund created by this act out of the DFA CARES ACT

COVID-19 Fund (Fund Number 6820113000)............ $ 50,000,000.00

The Mississippi Community College Board, in collaboration with the Mississippi Department of Workforce Development created in Section 2 of Senate Bill 2564, 2020 Regular Session, shall have the authority to receive, budget and escalate these federal funds for providing grants under Sections 2 through 10 of this act.

SECTION 2. Short title. Sections 2 through 10 of this act shall be known and may be cited as the "Restart Mississippi Workforce Development Act."

SECTION 3. Definitions. For purposes of Sections 2 through 10 of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(a) "Board" means the Mississippi Community College Board.

(b) "Department" means the Department of Workforce Development created in Section 2 of Senate Bill 2564, 2020 Regular Session.

(c) "Community or junior college" means and includes Coahoma Community College, Copiah-Lincoln Community College, East Central Community College, East Mississippi Community College, Hinds Community College, Holmes Community College, Itawamba Community College, Jones County Junior College, Meridian Community College, Mississippi Delta Community College, Mississippi Gulf Coast Community College, Northeast Mississippi Community College, Northwest Mississippi Community College, Pearl River Community College and Southwest Mississippi Community College.

(d) "Workforce development program" or "skills training" means career and technical, workforce development, and skills training courses delivered by the community and junior colleges, to include non-credit-bearing programs.

(e) "COVID-19" means the Coronavirus Disease 2019.

(f) "CARES Act" means the federal Coronavirus Aid, Relief, and Economic Security Act of 2020.

(g) "State of Emergency" means the State of Emergency declared by Executive Order of the Governor of the State of Mississippi on March 14, 2020, and any subsequent orders or amendments thereto.

(h) "Grant program" or "program" refers to the Restart Mississippi Workforce Development Grant Program established in this act.

(i) "Eligible expenses" means a cost related to COVID-19 and incurred by the board or a community or junior college to facilitate or enhance workforce development programs or skills training capabilities at the community and junior colleges, and to facilitate or enhance delivery of these programs or training capabilities safely and efficiently, including, but not limited to:

(i) The purchase of laptop computers, tablets or other devices which can be used personally by a student or instructor to assist with classroom or distance learning in workforce development programs or skills training for unemployed or underemployed persons, or persons looking for new employment, as a direct or indirect result of COVID-19;

(ii) The purchase of learning management systems, software, other online tools or printed materials to assist with classroom or distance learning in workforce development programs or skills training for unemployed or underemployed persons, or persons looking for new employment, as a direct or indirect result of COVID-19;

(iii) Student financial aid or tuition for workforce development or skills training classes for persons who are unemployed, underemployed or seeking new employment as a direct or indirect result of COVID-19;

(iv) Infrastructure necessary at the community or junior colleges to increase capacity in workforce development or skills training classes for students who are unemployed, underemployed or seeking new employment as a direct or indirect result of COVID-19; and

(v) To increase health and safety precautions in workforce development or skills training classrooms at community and junior colleges as a result of COVID-19.

SECTION 4. Legislative intent. The Legislature finds that the State of Emergency and ongoing public health crisis related to COVID-19 has caused significant challenges in the state economy, leading to layoffs and an increased unemployment rate. The Legislature also finds that the availability of unprecedented federal funding for distance learning and workforce development efforts has created a unique opportunity for community and junior colleges to retrain and enhance the skills of individuals who are unemployed, underemployed or seeking new employment as a direct or indirect result of COVID-19.

In order to assist the board and community and junior colleges, in collaboration with the department, to facilitate and enhance workforce development programs throughout the state, and in recognition that every community and junior college's workforce development programs and capabilities are different, just as the economic and workforce needs throughout the state are different, the Legislature finds that the Restart Mississippi Workforce Development Grant Program established under this act should allow flexibility to the board and community and junior colleges, provided expenditures are lawful and fall within relevant guidelines, guidance, rules, regulations and other criteria. In recognition of the economic crisis the state is experiencing related to COVID-19, the Legislature finds the funds provided under this act should not be used for duplicative technology or other resources. The Legislature also finds that the board, in collaboration with the department, should consult with the State Workforce Investment Board, the four (4) workforce investment areas provided in Section 37-153-7 and local economic development officials on economic and workforce needs throughout the state in the expenditure of funds provided under this act. In order to expedite the establishment of infrastructure, technology and other resources necessary to fulfill the intent and requirements of this act, the Legislature finds the board and community and junior colleges should minimize unnecessary administrative costs and delays.

SECTION 5. Initial requirements. (1) There is established the Restart Mississippi Workforce Development Grant Program. The grant program shall be administered by the board, in collaboration with the department, for the purpose of making grants to community and junior colleges to reimburse community and junior colleges for eligible expenses as defined in Section 3 of this act.

(2) Grants to community and junior colleges shall be made in a lump sum according to a formula established by the board, in collaboration with the department, which is equitable across all community and junior colleges, and accounts for current enrollment, and current or intended immediate capacity, in workforce development programs and skills training, and for economic and workforce needs through the state.

(3) The board, in collaboration with the department, shall develop regulations and procedures to govern the administration of the program.

(4) The regulations shall include requiring community and junior colleges, when using funds received under this program, to purchase laptop computers, tablets, learning management systems, software, or other devices, technology, or online tools that may be used to enhance or facilitate workforce development programs or skills training.

(5) The board may retain up to Two Hundred Fifty Thousand Dollars ($250,000.00) of funds available under this act to pay reasonable expenses incurred in the administration of the program.

(6) The use of funds allocated under this program shall be subject to audit by the United State Department of Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. A community or junior college or other entity or person receiving funds under this program that is found to be fully or partially noncompliant with the requirements in this act or relevant law, guidelines, guidance, rules, regulations or other criteria shall return to the state all or a portion of the funds received. The board and community and junior colleges receiving these funds shall confirm their understanding of these terms.

SECTION 6. Reporting requirements. (1) Every community and junior college shall be required to provide a comprehensive report to the board by December 1, 2020. The report shall include detailed information about how funds appropriated under this act were expended, including the number of individuals trained and employed as a result of workforce development programs or skills training facilitated or enhanced using these funds.

(2) By January 1, 2021, the board shall provide a report compiled from the information provided by the community and junior colleges, as described in subsection (1) of this section, to the Governor, the Lieutenant Governor, the Speaker of the House, and the Chairs and Vice Chairs of the Senate and House Appropriations Committees, the Senate Economic and Workforce Development Committee and the House Workforce Development Committee.

(3) If a community or junior college visually or audibly publicly advertises that it can provide a career and technical education course, a workforce development training program or any type of skills training, the community or junior college must include in its advertisement where it received the money to provide such course, program or training. Public advertisement through an electronic platform of a career and technical education course, a workforce development training program, or any type of skills training that the community or junior college can provide shall be deemed to comply with the requirements of this section if the home page of the community or junior college provides the information required by this section, and each electronic publication provides a link to that home page.

SECTION 7. There is created a special fund in the State Treasury, to be known as the "Restart Mississippi Workforce Development Fund," from which the grants authorized by this act shall be disbursed by the board, in collaboration with the department. All monies shall be disbursed from the fund in compliance with the guidelines, guidance, rules, regulations and other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the CARES Act. If, on November 1, 2020, there are unobligated monies in the fund, the Governor shall have the discretion to transfer monies to another state agency to be used for eligible expenditures pursuant to the CARES Act.

SECTION 8. If any section, paragraph, sentence, clause, phrase or part of this act is declared to be in conflict with federal law, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts shall be in no matter affected but shall remain in full force and effect.

SECTION 9. This act shall take effect and be in force from and after its passage.

AN ACT TO DIRECT THE STATE FISCAL OFFICER TO MAKE TRANSFERS OF CERTAIN FUNDS; TO CREATE THE "RESTART MISSISSIPPI WORKFORCE DEVELOPMENT ACT"; TO DEFINE TERMS; TO STATE LEGISLATIVE INTENT AND FINDINGS; TO ESTABLISH THE "RESTART MISSISSIPPI WORKFORCE DEVELOPMENT GRANT PROGRAM" FOR THE PURPOSE OF MAKING GRANTS TO COMMUNITY AND JUNIOR COLLEGES TO REIMBURSE THEM FOR ELIGIBLE EXPENSES RELATED TO COVID-19; TO DIRECT THE MISSISSIPPI COMMUNITY COLLEGE BOARD, IN COLLABORATION WITH THE DEPARTMENT OF WORKFORCE DEVELOPMENT, TO DEVELOP REGULATIONS AND PROCEDURES TO GOVERN THE ADMINISTRATION OF THE PROGRAM; TO SPECIFY THAT THE REGULATIONS SHALL REQUIRE COMMUNITY AND JUNIOR COLLEGES, WHEN USING FUNDS RECEIVED UNDER THE PROGRAM, TO PURCHASE LAPTOP COMPUTERS, TABLETS, LEARNING MANAGEMENT SYSTEMS, SOFTWARE, OR OTHER DEVICES, TECHNOLOGY, OR ONLINE TOOLS THAT MAY BE USED TO ENHANCE OR FACILITATE WORKFORCE DEVELOPMENT PROGRAMS OR SKILLS TRAINING; TO AUTHORIZE THE MISSISSIPPI COMMUNITY COLLEGE BOARD TO RETAIN UP TO $250,000.00 OF FUNDS AVAILABLE UNDER THIS ACT TO PAY REASONABLE EXPENSES INCURRED IN THE ADMINISTRATION OF THE PROGRAM; TO SPECIFY THAT THE USE OF GRANT FUNDS SHALL BE SUBJECT TO AUDIT, AND NONCOMPLIANCE WITH THE TERMS OF THE PROGRAM SHALL REQUIRE REPAYMENT OF GRANT MONIES TO THE STATE; TO REQUIRE EACH COMMUNITY AND JUNIOR COLLEGE TO PROVIDE A COMPREHENSIVE REPORT TO THE MISSISSIPPI COMMUNITY COLLEGE BOARD, BY DECEMBER 1, 2020, ON ITS USE OF GRANT FUNDS; TO REQUIRE THE MISSISSIPPI COMMUNITY COLLEGE BOARD TO PROVIDE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, BY JANUARY 1, 2021, COMPILED FROM THE INFORMATION PROVIDED BY THE COMMUNITY AND JUNIOR COLLEGES; TO REQUIRE A COMMUNITY OR JUNIOR COLLEGE PUBLICLY ADVERTISING A CAREER AND TECHNICAL EDUCATION COURSE, A WORKFORCE DEVELOPMENT TRAINING PROGRAM OR ANY TYPE OF SKILLS TRAINING TO INCLUDE IN ITS ADVERTISEMENT WHERE IT RECEIVED THE MONEY TO PROVIDE SUCH COURSE, PROGRAM OR TRAINING; TO CREATE THE "RESTART MISSISSIPPI WORKFORCE DEVELOPMENT FUND," FROM WHICH THE GRANTS SHALL BE DISBURSED BY THE MISSISSIPPI COMMUNITY COLLEGE BOARD, IN COLLABORATION WITH THE DEPARTMENT OF WORKFORCE DEVELOPMENT; TO SPECIFY THAT ALL MONIES SHALL BE DISBURSED FROM THIS SPECIAL FUND IN COMPLIANCE WITH THE REQUIREMENTS OF THE CARES ACT AND GUIDELINES FROM THE UNITED STATES DEPARTMENT OF THE TREASURY REGARDING THE USE OF MONIES FROM THE CORONAVIRUS RELIEF FUND; TO AUTHORIZE THE GOVERNOR TO TRANSFER UNOBLIGATED MONIES IN THE FUND AS OF NOVEMBER 1, 2020, TO ANOTHER STATE AGENCY FOR USE PURSUANT TO THE CARES ACT; AND FOR RELATED PURPOSES.