Reference is to Printer's Date 5/21/15--H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ Chapter 1, Title 13 of the 1976 Code is amended by adding:
Section 13-1-2010. This article may be cited as the 'South Carolina Workforce Development Act'.
Section 13-1-2020. As
used in this article:
(1) 'Adult basic
education' means instruction designed to assist adults to
acquire a basic education, to prepare for a high school
equivalency test, to develop literacy skills, to obtain the
knowledge and skills necessary for employment and
self-sufficiency, or to complete the requirements for a state
high school diploma.
(2) 'Council' means the
Coordinating Council for Workforce Development.
(3) 'Operating
agencies' means the Department of Education, the Department of
Employment and Workforce, the Department of Commerce, the State
Board for Technical and Comprehensive Education, the Commission
on Higher Education, and other stakeholders.
(4) 'Training system'
means programs and courses of secondary career and technical
education, technical college programs and courses, community
college career and technical education programs and courses,
college programs and courses, employer-sponsored training, adult
basic education programs and courses, programs and courses
funded by the federal Workforce Investment and Opportunity Act,
programs and courses funded by the federal Vocational Act,
programs and courses funded under the federal Adult Education
Act, publicly funded programs and courses for adult literacy
education, and apprenticeships, and programs and courses offered
by nonprofit organizations that are representative of
communities or significant segments of communities and provide
job training or adult literacy services.
(5) 'Career and
technical education' means organized educational programs
offering a sequence of courses which are directly related to the
preparation or retraining of individuals in paid or unpaid
employment in current or emerging occupations requiring other
than a baccalaureate or advanced degree. The programs may
include competency-based applied learning which contributes to
an individual's academic knowledge, higher-order reasoning, and
problem-solving skills, work attitudes, general employability
skills, and the occupational-specific skills necessary for
economic independence as a productive and contributing member of
society. The term also includes applied technology
education.
(6) 'Workforce
development council' means a local workforce investment board as
established in The Workforce Investment and Opportunity Act, as
amended.
(7) 'Workforce skills'
means skills developed through applied learning that strengthen
and reinforce an individual's academic knowledge, critical
thinking, problem solving, and work ethic so as to develop the
employability, occupational skills, and management of home and
work responsibilities necessary for economic independence.
Section 13-1-2030. (A)
There is created the Coordinating Council
for Workforce Development within the Department of Commerce.
The council shall consist of the following ex officio members or
their designees:
(1)
the Secretary of the Department of Commerce;
(2)
the State Superintendent of the Department of
Education;
(3)
the Executive Director of the State Board for Technical
and Comprehensive Education;
(4)
the Executive Director of the Department of Employment and
Workforce; and
(5)
the Executive Director of the Commission on Higher
Education or its successor.
(B) The council shall
rely on partnerships with and guidance from an advisory group of
workforce development stakeholders in the State. Advisory group
members shall attend council meetings, provide information and
testimony, and participate in the development of the work
product of the council. The advisory group must be comprised of
representatives from the following and must be representative of
the ethnic, gender, rural, and urban diversity of the State:
(1)
the Coordinating Council for Economic Development;
(2)
the Department of Social Services;
(3)
the Department of Vocational Rehabilitation;
(4)
the Department of Corrections;
(5)
the Department of Juvenile Justice;
(6)
two representatives from local and regional workforce
investment boards;
(7)
two representatives from nonprofit and community
organizations selected by the South Carolina Association of
Nonprofit Organizations;
(8)
two representatives from businesses with more than fifty
employees from different industries, one selected by the South
Carolina Chamber of Commerce and one selected by South Carolina
Manufacturers Alliance;
(9)
two representatives from businesses with less than fifty
employees from different industries, one selected by the South
Carolina Chamber of Commerce and one selected by South Carolina
Manufacturers Alliance;
(10)
one representative from a four-year college or university
selected by the Chairman of the Commission on Higher
Education;
(11)
one representative from a technical college selected by
the Chairman of the Board for Technical Comprehension and
Education; and
(12) one
representative from the Office of Career and Technology
Education from a school district selected by the State
Superintendent of Education.
(C) The Secretary of
Commerce shall serve as the chairman of the council.
Section 13-1-2040. (A)
The Coordinating Council for Workforce
Development shall develop a comprehensive plan for workforce
development.
(B) The council, in
cooperation with the Department of Education, the Department of
Employment and Workforce, the Department of Commerce, the State
Board for Technical and Comprehensive Education, the Commission
on Higher Education, and other stakeholders shall:
(1)
concentrate its major efforts on planning, coordination
evaluation, policy analysis, and recommending improvements to
the state's training system;
(2)
advocate for the state training system and for meeting the
needs of employers and the workforce for workforce education and
training;
(3)
establish and maintain an inventory of the programs of the
state training system, and related state programs, and perform a
biennial assessment of the career and technical education,
training, and adult basic education and literacy needs of the
State, identify ongoing and strategic education needs, and
assess the extent to which employment, training, career and
technical and basic education, rehabilitation services, and
public assistance services represent a consistent, integrated
approach to meet the needs;
(4)
develop and maintain a state comprehensive plan for
workforce development including, but not limited to, goals,
objectives, and priorities for the state training system and
review the state training system for consistency with the state
comprehensive plan. In developing the state comprehensive plan
for workforce development, the council shall use, but is not
limited to:
(a)
economic, labor market, and populations trends
reports;
(b)
information provided by the Office of Revenue and Fiscal
Affairs;
(c)
industry employment and occupational forecasts;
(d)
the results of scientifically based outcome, net-impact
and cost-benefit evaluations;
(e)
the needs of employers as evidenced in formal employer
surveys and other employer input;
(f)
the needs of program participants and workers as evidenced
in formal surveys and other input from program participants;
and
(g)
information and updates regarding current education
programs provided by the State Board for Technical and
Comprehensive Education, the State Department of Education, and
the Commission on Higher Education.
(5)
review and make recommendations to the Executive Budget
Office on operating and capital facilities budget requests for
operating agencies of the state training system for purposes of
consistency with the state comprehensive plan for workforce
development;
(6)
provide for coordination among the different operating
agencies and components of the state training system at the
state level and at the regional level;
(7)
develop a consistent and reliable database on career and
technical education enrollments, costs, program activities, and
job placements from publicly funded career and technical
education programs in this State;
(8)
establish standards for data collection and maintenance
for the operating agencies of the state training system in a
format that is accessible for use by the council;
(9)
require a minimum of core data to be collected by each
operating agency of the state training system and develop
requirements for minimum core data;
(10)
provide for the improvement and maintenance of quality and
utility in occupational information and forecasts for use in
training system planning and evaluation. Improvements must
include, but are not limited to, development of state-based
occupational change factors involving input by employers and
employees, and delineation of skill and training requirements by
education level associated with current and forecasted
occupations;
(11)
establish minimum standards for program evaluation for the
operating agencies of the state training system including, but
not limited to, the use of common survey instruments and
procedures for measuring perceptions of program participants and
employers of program participants, and monitor such program
evaluation;
(12)
administer scientifically based outcome evaluations of the
state training system every two years including, but not limited
to, surveys of program participants, surveys of employers of
program participants, and matches with employment and workforce
department payroll and wage files. Every five years, administer
scientifically based net-impact and cost-benefit evaluations of
the state training system; and
(13)
provide for effectiveness and efficiency reviews of the
state training system.
(C) The council shall
also:
(1)
facilitate ongoing collaboration among stakeholders in
order to address the health care personnel shortage;
(2)
collaborate with stakeholders and within the comprehensive
plan, establish and maintain a state strategic plan for ensuring
an adequate supply of health care personnel that safeguards the
ability of the health care delivery system in this State to
provide quality, accessible health care to residents of South
Carolina; and
(3)
report to the General Assembly and the Governor by
December 31, 2017, and annually after, on progress on the state
plan and make additional recommendations as necessary.
(D) The Department of
Commerce, in consultation with the State Board for Technical and
Comprehensive education, shall:
(1)
ensure coordination among workforce training priorities
and economic development and entrepreneurial development
efforts;
(2)
establish and administer programs for marketing and
outreach to businesses and potential program participants;
and
(3)
facilitate private sector assistance for the state
training system by investigating and implementing effective
coinvestment models.
(E) The State Board for
Technical and Comprehensive Education, in consultation with the
State Department of Education and the Commission on Higher
Education or its successor, shall:
(1)
make recommendations to the State Board of Education
concerning basic skill competencies and essential core
competencies for K-12 education as they relate to workforce
training and education. Basic skills for this purpose may
include reading, writing, computation, speaking, and critical
thinking. Essential core competencies for this purpose may
include English, math, science/technology, history, geography,
and critical thinking. The council shall monitor the
development of and provide advice concerning secondary
curriculum which integrates career and technical and academic
education;
(2)
facilitate the development of programs for school-to-work
transition that combine classroom education and on-the-job
training, including entrepreneurial education and training, in
industries and occupations without a significant number of
apprenticeship programs;
(3)
provide for the development of common course description
formats, common reporting requirements, and common definitions
for operating agencies of the training system;
(4)
facilitate transfer of credit policies and agreements
between institutions of the state training system, establish
articulation agreements for programs encompassing two years of
secondary workforce education and two years of postsecondary
workforce education; and
(5)
conduct research into workforce development programs
designed to reduce the high unemployment rate among young people
between approximately seventeen and twenty-one years of age, and
advise the council on implement policies and programs to
alleviate the unemployment rate among young people. The
research may include disaggregated demographic information and,
to the extent possible, income data for young adults. The
research also must include a comparison of the effectiveness of
programs examined as a part of the research conducted in this
subsection in relation to the public investment made in these
programs in reducing unemployment of young adults. The council
shall report to the Senate Finance Committee, the Senate
Education Committee, the House Ways and Means Committee, and the
House Education and Public Works Committee by November 15, 2017,
and every two years after.
(F) The Department of
Employment and Workforce, in consultation with all operating
agencies, shall:
(1)
develop policy objectives for the Workforce Investment and
Opportunity Act, P.L. 113-128, or its successor; develop
coordination criteria for activities under the act with related
programs and services provided by state and local education and
training agencies; and ensure that entrepreneurial training
opportunities are available through programs of each local
workforce development council in the State;
(2)
include in the planning requirements for local workforce
investment boards a requirement that the local workforce
investment boards specify how entrepreneurial training is to be
offered through the one-stop system required under the Workforce
Investment and Opportunity Act, P.L. 113-128, or its successor;
and
(3)
participate in the planning and policy development of
Governor set-aside grants under The Job Training Partnership
Act, as amended.
(G) Operating agencies
assigned a responsibility under this section shall carry out
their duties upon the approval of the council.
(H) The council and all
operating agencies shall adopt rules and promulgate regulations
necessary to implement this article.
Section 13-1-2050. (A)
The council shall develop a state
comprehensive plan for workforce development for a five-year
time period. The council shall submit the five-year state
comprehensive plan to the Senate Finance Committee, the Senate
Education Committee, the House Ways and Means Committee, the
House Education and Public Works Committee, and the Governor.
The plan becomes the State's workforce training policy unless
legislation is enacted to alter the policies set forth in the
plan.
(B) The comprehensive
plan must include a description of the purpose and workforce
training role for workforce development programs of the
operating agencies and sufficient specificity regarding expected
actions by the operating agencies to allow them to carry out
actions consistent with the comprehensive plan.
(C) The operating
agencies shall have operating plans for their workforce
development efforts that are consistent with the comprehensive
plan and that provide detail on implementation steps needed to
carry out their responsibilities under the plan. Each operating
agency shall provide an annual progress report to the
council.
(D) The comprehensive
plan must include recommendations to the General Assembly and
the Governor on the modification, consolidation, initiation, or
elimination of workforce development programs in this State.
(E) The comprehensive
plan must identify the strategic industry sectors targeted by
the workforce development system.
(F) The council shall
report to the Senate Finance Committee, the Senate Education
Committee, the House Ways and Means Committee, and the House
Education and Public Works Committee by December first of each
year on its progress in implementing the comprehensive plan and
on the progress of the operating agencies in meeting their
obligations under the plan.
Section 13-1-2060. (A)
The council shall specify, by December 31,
2016, the core data to be collected by the operating agencies of
the state training system and the standards for data collection
and maintenance required in Section 13-1-2040(B)(8) and (9).
Operating agencies shall execute such security and privacy
agreements necessary to enable the exchange of participant and
employer information identified in this section by March 1, 2017
and renew annually thereafter.
(B) The minimum
standards for program evaluation by operating agencies required
in Section 13-1-2040(B)(10) must include at least biennial
program evaluations. The first of the evaluations must be
completed by the operating agencies by July 1, 2018.
(C) The council shall
complete, by January 1, 2018, its first outcome-based evaluation
and, by September 1, 2018, its nonexperimental net-impact and
cost-benefit evaluations of the training system. The outcome,
net-impact, and cost-benefit evaluations for the first
evaluations, must include evaluations of each of the following
programs:
(1)
secondary career and technical education;
(2)
work-related adult basic skills education;
(3)
postsecondary workforce training; and
(4)
the system as a whole.
(D) The council shall
use the results of its outcome, net-impact, and cost-benefit
evaluations to develop and make recommendations to the General
Assembly and the Governor for the modification, consolidation,
initiation, or elimination of workforce development programs in
the State.
(E) The council shall
perform the requirements of this section in cooperation with the
operating agencies.
Section 13-1-2070. By
January 1, 2018, and biennially after, the council shall:
(1) assess the total
demand for training from the perspective of workers and from the
perspective of employers;
(2) assess the
available supply of publicly and privately provided training
which workers and employers are demanding;
(3) assess the costs to
the State of meeting the demand; and
(4) present the General
Assembly and the Governor with a strategy for bridging the gap
between the supply and the demand for training services.
Section 13-1-2080. The
council, in cooperation with the operating agencies, by January
1, 2018, shall:
(1) identify policies
to reduce administrative and other barriers to efficient
operation of the State's workforce development system and
barriers to improved coordination of workforce development in
the State. These policies must include waivers of statutory
requirements and administrative rules, as well as implementation
of one-stop access to workforce development services and
school-to-work transition;
(2) identify ways for
operating agencies to share resources, instructors, and
curricula through collaboration with other public entities to
increase training opportunities and reduce costs; and
(3) report to the
Senate Finance Committee, the Senate Education Committee, the
House Ways and Means Committee, the House Education and Public
Works Committee, and the Governor its recommendations for any
statutory changes necessary to enhance operational efficiencies
or improve coordination. The council shall work with the
operating agencies of the State's workforce development system
to reduce administrative barriers that do not require statutory
changes.
Section 13-1-2090. (A)
Workforce development councils, in
partnership with local elected officials, shall develop and
maintain a local unified plan for the workforce development
system including, but not limited to, the local plan required by
the Workforce Investment and Opportunity Act. The unified plan
must include a strategic plan that assesses local employment
opportunities and skill needs, the present and future workforce,
the current workforce development system, information on
financial resources, diversity, goals, objectives, and
strategies for the local workforce development system, and a
system-wide financial strategy for implementing the plan. Local
workforce development councils shall submit their strategic
plans to the council for review and to the Governor for
approval.
(B) The strategic plan
clearly must articulate the connection between workforce and
economic development efforts in the local area including the
area industry sectors and the strategic sectors the community is
targeting for growth. The plan must include, but is not limited
to:
(1)
data on current and projected employment opportunities in
the local area;
(2)
identification of workforce investment needs of existing
businesses and businesses considering location in the region,
with special attention to industry sectors;
(3)
identification of educational, training, employment, and
support service needs of job seekers and workers in the local
area, including individuals with disabilities and other
underrepresented talent sources;
(4)
analysis of the industry demand, potential labor force
supply, and educational, employment, and workforce support
available to businesses and job seekers in the region; and
(5)
collaboration with associate development organizations in
regional planning efforts involving combined strategies around
workforce development and economic development policies and
programs.
(C) The council shall
work with workforce development councils to develop
implementation and funding strategies for purposes of this
section."
SECTION 2. Chapter 53, Title 59 of the 1976 Code is amended by adding:
Section 59-53-2620. (A)
The State Board for Technical and
Comprehensive Education, the Department of Education, the
Department of Employment and Workforce, and the Department of
Commerce shall implement a Pathways Initiative in alignment with
the Education and Economic Development Act to improve employment
outcomes and address critical workforce development needs
statewide.
(B) The Coordinating
Council for Workforce Development shall prepare an annual report
on the Pathways Initiative by February first of each year. The
report must be published on each operating agency's website and
submitted to the Chairman of the Senate Finance Committee and
the Chairman of the House Ways and Means Committee. The report
must include, at minimum, an analysis of program accountability
measures and key performance indicators.
Section 59-53-2630. The
State Board for Technical and Comprehensive Education and the
Department of Education shall develop and implement a statewide
Pathways to First Careers program to facilitate a seamless
transition from education to employment in industries with
critical workforce shortages. Funds allocated to the program
must be used to provide the necessary infrastructure, including
career and technical equipment, facilities, instructional
materials, transportation, and tuition grants. Of the funds
allocated to the program:
(1) at least thirty
percent of the funds must be directed to school districts or
multi-district career centers lacking adequate career
development and workforce readiness programs with priority given
to school districts or multi-district career centers with a
poverty index of seventy five percent or greater; and
(2) remaining funds
must be used to establish programs in all regions of the State
that confer the necessary skills and training to prepare
students for careers in high demand fields and critical need
positions in businesses and industries experiencing difficulty
recruiting and retaining qualified applicants.
Section 59-53-2640. (A)
The State Board for Technical and
Comprehensive Education shall coordinate with the Department of
Commerce, Department of Employment and Workforce, and the
Department of Education to develop and implement a Pathways to
New Opportunities program to provide subsidized career training
and certification and job placement assistance to adults
pursuing careers in high demand jobs in critical need industries
throughout the State.
(B) The State Board for
Technical and Comprehensive Education shall establish a
Workforce Scholarships and Grants fund for eligible individuals
to be used for tuition and education related expenses for
eligible career training and certification programs. The board,
in consultation with the Department of Education and the
Commission on Higher Education or its successor, shall develop
and maintain eligibility criteria for scholarships and grants.
Funds may be used to provide opportunities through existing
programs.
(C) The Department of
Employment and Workforce shall coordinate with the State Board
for Technical and Comprehensive Education to identify and refer
eligible individuals to the training programs and scholarship
opportunities established in this section. Also, the Department
of Employment and Workforce shall coordinate with the Department
of Commerce and the State Board for Technical and Comprehensive
Education to develop and implement a plan to facilitate the job
placement of eligible individuals who have completed the
necessary training and certification to ensure that qualified
individuals are matched with available employment opportunities
in high demand jobs throughout the State."
SECTION 3. Article 1, Chapter 53, Title 59 of the 1976 Code is amended by adding:
"Section 59-53-110.
(A) There is created a Workforce
Scholarships and Grants fund administered by the State Board for
Technical and Comprehensive Education. The purpose of the fund
is to provide scholarship funding for eligible individuals to
pursue career education through eligible programs.
(B) As used in this
section:
(1)
'Qualifying individual' means a person who is a South
Carolina resident and who is eligible to be enrolled in a South
Carolina technical college or professional certification
program.
(2)
'Cost of attendance' means the total amount of money
charged for the cost of a qualifying individual to attend an
eligible program including, but not limited to, tuition, fees
for attending the school, textbooks, and school-related
transportation, less all federal grants and need-based
grants.
(3)
'Eligible program' means a program that:
(a)
does not discriminate on the basis of race, color, or
national origin;
(b)
is located in this State;
(c)
has school facilities that are subject to applicable
federal, state, and local laws; and
(d)
meets all eligibility guidelines promulgated by the State
Board for Technical and Comprehensive Education in consultation
with the Department of Education.
(4)
'Person' means an individual, partnership, corporation, or
other similar entity.
(C) Grants may be
awarded from the fund in an amount not exceeding ten thousand
dollars or the total cost of attendance, whichever is less, for
students to attend the program of their choice.
(D)(1) The State Board
for Technical and Comprehensive Education, in consultation with
the Department of Education, is responsible for determining if a
program meets the criteria established by subsection (A)(3), and
shall publish an approved list of qualifying programs. For the
purpose of this subsection, the board shall promulgate
regulations further enumerating the specifics of these criteria.
(2)
By the first day of August for the current fiscal year,
the State Board for Technical and Comprehensive Education, on
its website available to the general public, shall provide a
list of approved programs that accept grants for eligible
students and that in the board's determination are in compliance
with the requirements of subsection (A)(3).
(E) Contributions made
to the fund must be used to provide grants for tuition, fees,
transportation, or textbook expenses to individuals enrolled in
eligible programs who qualify for these grants under the
provisions of this section. A person contributing to the fund
may not designate a specific individual or institution as the
beneficiary of the contribution."
SECTION 4 A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3760.
(A) A taxpayer is allowed a career
pathways tax credit if the taxpayer creates a registered
apprenticeship as defined in the National Apprenticeship Act. A
taxpayer claiming credits pursuant to this section is ineligible
for income tax credits authorized for apprenticeships pursuant
to Section 12-6-3477.
(B)(1) A career
pathways tax credit is allowed for up to five years for a
registered apprentice employed by the taxpayer. The apprentice
must be employed for at least seven months to be eligible for
the credit in year one. Subsequent credits can be applied as
long as the employee remains in the apprenticeship program under
an apprenticeship agreement. The amount of the initial tax
credit is as follows:
(a)
four thousand dollars for each new full time
apprenticeship created in 'Tier IV' counties, as provided in
Section 12-6-3360(B)(1);
(b)
two thousand one hundred twenty-five dollars for each new
full time apprenticeship created in 'Tier III' counties, as
provided in Section 12-6-3360(B)(2);
(c)
one thousand three hundred seventy five dollars for each
new full time apprenticeship created in 'Tier II' counties, as
provided in Section 12-6-3360(B)(3);
(d)
seven hundred fifty dollars for each new full time
apprenticeship created in 'Tier I' counties, as provided in
Section 12-6-3360(B)(4).
(2)
An apprenticeship created pursuant to this section is not
a new job for purposes of Section 12-6-3360.
(C) A credit claimed
pursuant to this section but not used in a taxable year may be
carried forward in the same manner as provided in Section
12-6-3360(H).
(D) For purposes of
this section, an 'apprenticeship program' means a program
designed to allow an individual the opportunity to work under
supervision to learn a trade or skill and approved by the South
Carolina State Board for Technical and Comprehensive Education's
Apprenticeship Carolina as the apprenticeship registering entity
for the state of South Carolina.
(E) Tax credits may be
prorated for apprentices that are employed part time.
(F) The Department of
Revenue may adopt rules and promulgate regulations necessary to
implement this section."
B. This section takes effect in tax years beginning after 2016 and applies to apprenticeships created thereafter.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.