ARTICLE 15

RELATING TO HUMAN RESOURCE INVESTMENT COUNCIL

 

     SECTION 1. Chapter 42-102 of the General Laws entitled "Rhode Island Human

Resource Investment Council" is hereby amended by adding thereto the following section:

 

     42-102-11. State Work Immersion Program. -- (a)(1) The council shall develop a state

work immersion program and a non-trade apprenticeship program. For the purposes of this

section work immersion shall mean a temporary, paid work experience that provides a

meaningful learning opportunity and increases the employability of the participant. The programs

shall be designed in order to provide post-secondary school students and unemployed adults with

a meaningful work experience, and to assist businesses by training individuals for potential

employment.

     (2) Funding for the work immersion program will be allocated from the job development

fund account and/or from funds appropriated in the annual appropriations act. Appropriated funds

will match investments made by businesses in providing meaningful work immersion positions

and non-trade apprenticeships.

     (b) For each participant in the work immersion program, the program shall reimburse

eligible businesses up to fifty percent (50%) of the cost of not more than two hundred (200) hours

of work experience and during a period of ten (10) weeks. If an eligible business hires a program

participant at the completion of such a program, the state may provide reimbursement for a total

of seventy-five percent (75%) of the cost of the work immersion position.

     (c) The council shall create a non-trade apprenticeship program and annually award

funding on a competitive basis to at least one (1) new initiative proposed and operated by the

Governor's Workforce Board Industry Partnerships. This program shall meet the standards of

apprenticeship programs defined pursuant to section 28-45-9 of the general laws. The council

shall present the program to the State Apprenticeship Council, established pursuant to chapter 28-

45 of the general laws, for review and consideration.

     (d) An eligible participant in programs established in subsections (b) and (c) must be at

least eighteen (18) years of age and must be a Rhode Island resident. Provided, however, any

non-Rhode Island resident, who is enrolled in a college or university located in Rhode Island, is

eligible to participate while enrolled at the college or university.

     (e) In order to fully implement the provisions of this section, the council is authorized to

promulgate rules and regulations. In developing rules and regulations, the council shall consult

with the Governor's Workforce Board. The rules and regulations shall define eligible businesses

that can participate in the programs created by this section.

 

     SECTION 2. Chapter 28-44 of the General Laws entitled "Employment Security –

Benefits" is hereby amended by adding thereto the following section:

 

     28-44-71. Back to Work Rhode Island Program. -- (a) Legislative findings and

purpose. – The general assembly hereby finds as follows:

     (1) As of January 1, 2013, Rhode Island's unemployment rate is the highest in the New

England region and above the national average;

     (2) Despite this high unemployment, businesses report difficulties and frustration in

locating employment candidates with the requisite knowledge, skills, and abilities they need;

     (3) In an uncertain economy, employers are hesitant to invest in training if there is a risk

the investment will not result in a qualified and skilled employee;

     (4) Despite the need for skilled employees, job seekers face difficulties in getting their

"foot in the door" to demonstrate their value to potential employers;

     (5) Statistics indicate that unemployment compensation claimants who participated in

employer-partnered, structured training programs return to work more quickly than those who do

not, and that such programs have saved significant sums of employment security funds;

     (6) The purpose of the "Back to Work Rhode Island Program" is to provide claimants

with planned, structured, and career-relevant job training to gain new skills and abilities and help

increase their prospects for employment, and assist employers in locating and obtaining skilled

and well qualified job candidates for open employment positions.

     (b) Definitions. – For the purposes of this section, the following terms shall have the

following meanings:

     (1) "Claimant" means a person collecting unemployment security benefits under the

provisions of chapters 28-42 through 28-44 of this title;

     (2) "Department" means the Rhode Island department of labor and training;

     (3) "Director" means the director of the Rhode Island department of labor and training;

     (4) "Participating employer" means an employer who has voluntarily agreed to participate

in the "Back to Work Rhode Island Program" and meets the criteria for participation established

by this section and as determined by the director;

     (5) "Program" means the "Back to Work Rhode Island Program" established under this

section;

     (6) "Skill enhancement and job training" means a planned, structured learning

environment for the primary benefit of the trainee and from which the participating employer

derives no immediate advantage and which is designed to provide the skills and knowledge

necessary to meet the employer's specifications for an occupation or trade.

     (7) "Unemployment benefits" means the money payable to a claimant for his or her wage

losses due to unemployment, payable pursuant to chapters 42 through 44 of this title, and includes

any amounts payable pursuant to an agreement under federal law providing for compensation,

assistance, or allowances with respect to unemployment.

     (c) Program established. – (1) The "Back to Work Rhode Island Program" is hereby

established and shall be administered by the department of labor and training.

     (2) The program shall be designed so as to permit a claimant to be matched with an

employer participating in the program and be placed in department-approved skill enhancement

and job training made available by the employer. Participation by both claimant and employer

shall be voluntary. The employer shall provide the claimant with skill enhancement and job

training relevant to an open employment position for up to twenty-four (24) hours per week for

up to six (6) weeks. Upon completion of the six (6) week period, claimants must be considered

for employment by the employer. During the six (6) week period, the employer shall not

compensate the claimant in any way other than the training that the claimant receives through

participation in the program. Both the employer and the claimant may terminate participation in

the program at any time.

     (3) Notwithstanding any other provision of this title to the contrary, no otherwise eligible

individual shall be denied unemployment benefits because of his or her participation in the "Back

to Work Rhode Island Program"; provided, however, that contingent upon appropriation, said

claimant may receive a reasonable stipend in an amount determined by the director to cover any

additional costs associated with their participation in the program, including, but not limited to,

transportation or childcare costs.

     (4) The department shall notify employers of the availability of the program and shall

provide employers with information and materials necessary to participate upon request.

     (5) The department shall continuously monitor the program to ensure that participating

employers enter the program in good faith with the genuine expectation of hiring for the open

position and with the intent and ability to provide relevant skill enhancement and job training.

     (6) The department shall develop and conduct an orientation program for participating

claimants and employers informing them of the rules, regulations, opportunities, and limitations

of the "Back to Work Rhode Island Program".

     (7) A claimant may stay in the program if they exhaust benefits or lose program

eligibility prior to the end of the six (6) week period;

     (8) Participation in the program by a claimant shall be limited to six (6) weeks in any

benefit year. A claimant shall be encouraged to end a training relationship that is not beneficial

and shall be encouraged to preserve the remainder of his or her six (6) weeks of training for

another training opportunity.

     (9) In order to participate, a claimant must be seeking work and must be able to work,

available to work, and accept work during the training period.

     (10) Interested claimants shall be encouraged, but not required, to find employment

opportunities that align with their current job skills, knowledge and experience. Employers shall

be encouraged to work with the department to locate claimants with current job skills, knowledge,

and experience that align with the requirements of an open employment opportunity;

     (11) The claimant and the employer must agree upon a formal training plan and schedule

which must be approved by the department and may include on-site training, education, and the

application of skills or experiences;

     (12) Participation in the program may be limited based on program capacity as

determined by the department.

     (13) The "Back to Work Rhode Island Program" will begin on October 1, 2013 and will

expire on December 31, 2014. New participants will not be enrolled after November 18, 2014.

     (d) Eligibility to be a participating employer. – (1) An employer wishing to participate in

the "Back to Work Rhode Island Program" shall be required to meet the following qualifications,

in addition to any further criteria established by the director:

     (i) The employer must conduct business in Rhode Island; although, the business need not

be domestic to Rhode Island;

     (ii) The employer must have a full-time position of employment available that the

employer is desirous of filling;

     (iii) The employer must be willing and able to provide a participating claimant with skills

enhancement and job training focused toward the position that is available;

     (iv) The employer must certify that he, she, they, or it will not pay any wages or provide

any payment in kind to the claimant during the course of the claimant's participation in the

program;

     (v) The employer must certify that he, she, they, or it will, at completion of the training

period, consider the claimant for employment in the full time position for which the claimant was

trained;

     (vi) The employer must agree to follow up a claimant's participation in the program with

a performance evaluation of the claimant, regardless of whether or not the claimant is hired for

employment;

     (vii) The employer must agree to provide information as requested by the department and

verify that employment of a participating claimant will not displace nor have any impact on a

promotion due an existing employee;

     (viii) The employer must certify that the employment and training opportunity is not due

to a lockout, strike, or other labor dispute; and

     (ix) For employers with employees who are subject to collective bargaining, the written

approval by the collective bargaining representative for each affected unit shall be required to be

included in the plan for any job training for a position which would otherwise be covered by a

collective bargaining agreement.

     (e) Eligibility to be a participating claimant. – (1) An individual receiving unemployment

benefits and wishing to participate in the "Back to Work Rhode Island Program" must meet the

following qualifications:

     (i) The individual must be eligible to receive Rhode Island unemployment compensation

benefits;

     (ii) The individual must continue to file weekly continued claims to receive benefits

unless otherwise exempted;

     (iii) The individual must continue to look for work and employment opportunities during

their participation in the program, unless otherwise exempt;

     (iv) The individual must certify that he or she understands that participation in the

program includes no guarantee of employment;

     (v) The individual must attend a mandatory orientation to be offered by the department;

     (vi) The individual must agree to provide relevant information as requested by the

department and to cooperate with requests from the department for the evaluation of aspects of

the "Back to Work Rhode Island Program;”

     (2) Claimants with a definite recall date within six (6) weeks and those who do not

register for employment services are not eligible for the program.

     (f) Workers' compensation. – (1) The department will provide workers compensation

coverage for participating claimants.

     (2) A claimant's participation in the program does not create an employment relationship

with the department for the purposes of Chapter 28-29.

     (3) For the purposes of computing an approved claimant's wage compensation and

benefit amount under Chapter 28-29, the average weekly wage shall be the claimant's maximum

weekly unemployment compensation benefit rate for the benefit year in effect at the time of

injury.

     (g) Rules and regulations. – The director shall promulgate such rules and regulations as

the director deems necessary to implement the provisions of this section.

     (h) Program Performance monitoring. – The department shall develop and implement a

performance monitoring system which does the following:

     (1) Collects critical information on the "Back to Work Rhode Island Program" on an annual

basis or more frequently as determined by the director, including:

     (i) Increases in claimant skills.

     (ii) Skill training being provided by businesses.

     (iii) Placement of claimants after training.

     (iv) Challenges foreseen by businesses.

     (v) Business training best practices.

     (vi) Amount of weeks claimants received unemployment compensation benefits after

completion of the training period.

     (2) Defines the benefits of the program and its training to businesses, claimants and the

Employment Security Fund.

     (i) Funding. – Creation of the "Back to Work Rhode Island Program" is contingent upon

funding.

 

     SECTION 3. Section 40-5.2-20 of the General Laws in Chapter 40-1 5.2 entitled "The

Rhode Island Works Program" is hereby amended to read as follows:

 

     40-5.2-20. Child care assistance. -- Families or assistance units eligible for childcare

assistance.

     (a) The department shall provide appropriate child care to every participant who is

eligible for cash assistance and who requires child care in order to meet the work requirements in

accordance with this chapter.

     (b) Low-Income child care. - The department shall provide child care to all other working

families with incomes at or below one hundred eighty percent (180%) of the federal poverty

level, if and to the extent such other families require child care in order to work at paid

employment as defined in the department's rules and regulations. Beginning October 1, 2013, and

until January 1, 2015, the department shall also provide child care to families with income below

one hundred eighty percent (180%) of the federal poverty level if and to the extent such families

require child care to participate on a short term basis, as defined in the department's rules and

regulations, in training, apprenticeship, internship, on-the-job training, work experience, work

immersion, or other job readiness/job attachment program sponsored or funded by the human

resource investment council (governor's workforce board) or state agencies that are part of the

coordinated program system pursuant to sections 42-102-9 and 42-102-11.

     (c) No family/assistance unit shall be eligible for child care assistance under this chapter

if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid

resources are defined as any interest(s) in property in the form of cash or other financial

instruments or accounts which are readily convertible to cash or cash equivalents. These include,

but are not limited to, cash, bank, credit union, or other financial institution savings, checking and

money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual

funds, and other similar financial instruments or accounts. These do not include educational

savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held

jointly with another adult, not including a spouse. The department is authorized to promulgate

rules and regulations to determine the ownership and source of the funds in the joint account.

     (d) As a condition of eligibility for child care assistance under this chapter, the parent or

caretaker relative of the family must consent to and must cooperate with the department in

establishing paternity, and in establishing and/or enforcing child support and medical support

orders for all children in the family in accordance with title 15 of the general laws, as amended,

unless the parent or caretaker relative is found to have good cause for refusing to comply with the

requirements of this subsection.

     (e) For purposes of this section "appropriate child care" means child care, including

infant, toddler, pre-school, nursery school, school-age, which is provided by a person or

organization qualified, approved, and authorized to provide such care by the department of

children, youth, and families, or by the department of elementary and secondary education, or

such other lawful providers as determined by the department of human services, in cooperation

with the department of children, youth and families and the department of elementary and

secondary education.

     (f) Families with incomes below one hundred percent (100%) of the applicable federal

poverty level guidelines shall be provided with free childcare. Families with incomes greater than

one hundred percent (100%) and less than one hundred eighty (180%) of the applicable federal

poverty guideline shall be required to pay for some portion of the childcare they receive,

according to a sliding fee scale adopted by the department in the department's rules.

     (g) In determining the type of childcare to be provided to a family, the department shall

take into account the cost of available childcare options, the suitability of the type of care

available for the child, and the parent's preference as to the type of child care.

     (h) For purposes of this section "income" for families receiving cash assistance under

section 40-5.2-11 means gross earned income and unearned income, subject to the income

exclusions in subdivisions 40-5.2-10(g)(2) and 40-5.2-10(g)(3) and income for other families

shall mean gross earned and unearned income as determined by departmental regulations.

     (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast

the expenditures for childcare in accordance with the provisions of 1 section 35-17-1.

     (j) In determining eligibility for child care assistance for children of members of reserve

components called to active duty during a time of conflict, the department shall freeze the family

composition and the family income of the reserve component member as it was in the month prior

to the month of leaving for active duty. This shall continue until the individual is officially

discharged from active duty.

 

     SECTION 4. Title 28 of the General Laws entitled "LABOR AND LABOR

RELATIONS" is hereby amended by adding thereto the following chapter:

 

CHAPTER 55

THE RHODE ISLAND JOBS MATCH ENHANCEMENT PROGRAM

 

     28-55-1. Short title. -- This chapter shall be known and may be cited as "The Rhode

Island Jobs Match Enhancement Program."

 

     28-55-2. Legislative findings. -- The general assembly finds and declares that:

     (1) Rhode Island's statewide career pathways systems must be driven by local business

and industry needs;

     (2) Despite high unemployment, businesses report difficulties and frustration in locating

employment candidates with the requisite knowledge, skills, and abilities they need;

     (3) Locating, training and preparing candidates to fill job openings is an expense that few

companies can afford;

     (4) The state needs a focused interagency collaboration to provide easy access for

businesses to find competent employees and job seekers to obtain necessary resources, training

and skills development; and

     (5) The state needs to build upon the efforts of the department of labor and training to

facilitate employers' access to high quality, skilled job seekers and reduce the number of

unemployed individuals in Rhode Island.

 

     28-55-3. The Rhode Island enhanced job match system. -- On or before July 2, 2014,

the department of labor and training shall implement the jobs match enhancement program using

the current department of labor and training web based workforce and job system as a basis, with

significant enhancements, as follows:

     (1) It shall be easy for employers to participate in, update and receive responses from job

seekers, addressing potential barriers to participation;

     (2) It shall be understandable, accessible and productive for job seekers, including

measures to ensure literacy-based accessibility;

     (3) It shall allow for the prompt identification of workers who are partially, but not fully

matched for job openings, resulting in timely skill gap remediation plans;

     (4) It shall have the ability to address identified skill gaps through the provision of

training and/or education;

     (5) It shall notify the department of labor and training of the nature of the skill gaps

which exist between job openings and job seekers, and shall have the ability to aggregate skill

gap reports for the department;

     (6) It shall be promoted and advertised to maximize business and employment use; and

     (7) In an effort to ensure that employers' hiring needs are being met, employers shall be

encouraged to engage with the system and provide information pertaining to job openings and

desired skill sets for potential new hires.

 

     28-55-4. Reporting. -- On or before October 1, 2013, the department of labor and

training shall report to the president of the senate and the speaker of the house of representatives

on the progress toward implementing the jobs match enhancement program, along with an

estimate of any additional costs related to the purchase of the enhancements listed in section 28-

55-3.

 

     28-55-5. Funding. -- The implementation of enhancements to the department of labor

and training's web based workforce and job system shall be contingent upon available public and/

or private financing.

 

     SECTION 5. Reporting Requirements.

     In determining the effectiveness of the workforce training initiatives contained in sections

1 through 4 of this article, the governor's workforce board shall report on the progress of these

programs in the biennial employment and training plan for the state as required under section 42-

102-9.

 

     SECTION 6. If any of the provisions of this act or the application thereof to any persons

or circumstances are held invalid, the remainder of this act and the application thereof to other

persons or circumstances shall not be affected thereby. To that end, the provisions of this act are

declared to be severable.

 

     SECTION 7. This article shall take effect upon passage.