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art.015/3/015/2/015/1

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ARTICLE 15 SUBSTITUTE A

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RELATING TO HUMAN RESOURCE INVESTMENT COUNCIL

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

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

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

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

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

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

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

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

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employment.

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

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

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

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and non-trade apprenticeships.

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

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

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

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

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

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

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

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

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

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

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45 of the general laws, for review and consideration.

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

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

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

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eligible to participate while enrolled at the college or university.

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

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

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

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that can participate in the programs created by this section.

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

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

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

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purpose. – The general assembly hereby finds as follows:

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

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England region and above the national average;

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

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

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

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

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

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

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

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

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

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

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

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

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and well qualified job candidates for open employment positions.

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

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following meanings:

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

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

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

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

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

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

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by this section and as determined by the director;

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

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section;

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

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

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

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

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

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

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

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assistance, or allowances with respect to unemployment.

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

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

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

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

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

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

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

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

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

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

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

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the program at any time.

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

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

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

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

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

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transportation or childcare costs.

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

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

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

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

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

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

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

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of the "Back to Work Rhode Island Program".

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

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

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

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

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

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another training opportunity.

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

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

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

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

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

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

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

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

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application of skills or experiences;

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

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determined by the department.

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

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

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

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

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in addition to any further criteria established by the director:

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

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be domestic to Rhode Island;

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

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employer is desirous of filling;

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

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

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

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

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program;

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

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

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trained;

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

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

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employment;

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

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

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promotion due an existing employee;

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

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

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

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

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

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collective bargaining agreement.

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

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

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following qualifications:

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

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benefits;

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

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unless otherwise exempted;

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

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their participation in the program, unless otherwise exempt;

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

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program includes no guarantee of employment;

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

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

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

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the "Back to Work Rhode Island" program;

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

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register for employment services are not eligible for the program.

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

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coverage for participating claimants.

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

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

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

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

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

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injury.

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

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

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

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performance monitoring system which does the following:

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

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

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     (i) Increases in claimant skills.

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     (ii) Skill training being provided by businesses.

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     (iii) Placement of claimants after training.

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     (iv) Challenges foreseen by businesses.

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     (v) Business training best practices.

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

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completion of the training period.

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

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Employment Security Fund.

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

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funding.

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

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

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

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assistance.

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

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

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accordance with this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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requirements of this subsection.

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

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

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

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

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

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

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secondary education.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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discharged from active duty.

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

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

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     CHAPTER 55

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     THE RHODE ISLAND JOBS MATCH ENHANCEMENT PROGRAM

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

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Island Jobs Match Enhancement Program."

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

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

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and industry needs;

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

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

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

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companies can afford;

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

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

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and skills development; and

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

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

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unemployed individuals in Rhode Island.

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

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

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

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significant enhancements, as follows:

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

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seekers, addressing potential barriers to participation;

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

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measures to ensure literacy-based accessibility;

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

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

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

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training and/or education;

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

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

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gap reports for the department;

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

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

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

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desired skill sets for potential new hires.

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

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

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

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

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55-3.

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

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

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or private financing.

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     SECTION 5. Reporting Requirements.

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

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

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

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102-9.

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

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

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

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declared to be severable.

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     SECTION 7. This article shall take effect upon passage.