AB 32 — Revises provisions governing workforce development. (BDR 18-329)

Engages in an activity that is consistent with the State Plan for Economic Development.

3.

“Program of workforce recruitment, assessment and training” includes a program which provides training to one or more existing employees employed by an employer participating in the program.

Sec.

231.141 As used in NRS 231.141 to 231.152, inclusive, and sectionssection 23.5 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 231.1415 and 231.146 and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

4.5.

NRS 231.146 is hereby amended to read as follows:

231.146 “Program of workforce development” [includes:

1.

A program of workforce training provided pursuant to NRS 231.147.

2.

A] means a program of workforce recruitment, assessment and training provided pursuant to NRS 231.1467 [.] , including, without limitation, a program which provides training to one or more existing employees of a business participating in a program.

Sec.

The applicationOffice mustmay beestablish submittedby onregulation a formpreapplication prescribedprocess bypursuant to which a person becomes qualified to obtain the Office.approval of the Office for a program of workforce recruitment, assessment and training.

EachAn application to obtain the approval of the Office for a program of workforce recruitment, assessment and training must include:be submitted on a form prescribed by the Office [.

(a)2. The name, address and telephone number of the applicant;

(b)Each Theapplication namemust] of each [business] employer for which the applicant will provide the proposed program of workforce recruitment, assessment and training;include:

(a) The name, address , [and] telephone number and electronic mail address of the applicant;

- *AB32_R1* – 4 – (b) The name of each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training;

(d) AThe primary economic sector that will be served by the program of workforce diversityrecruitment, actionassessment plan;and training for which the applicant is seeking approval;

and (e) TheEvidence estimatedthat costthere ofis thea proposedshortage programof: of workforce recruitment, assessment and training.

(1) Qualified workers in this State in the industry to be served by the proposed program of workforce recruitment, assessment and training;

and (2) Programs to provide training to workers in this State in that industry;

(f) A statement demonstrating the past performance of the applicant in providing programs of workforce development, including, without limitation:

(1) The number and type of credentials and certifications issued by programs of workforce development provided by the applicant;

and (2) The number of businesses successfully served by programs of workforce development provided by the applicant;

(g) A proposed plan for the provision of the program of applicant is seeking approval on a statewide basis;which the (h) A list of existing equipment or facilities that will be used by for which the applicant is seeking approval;ment and training (i) A projection of the number of primary jobs that will be served by the program of workforce recruitment, assessment and training for which the applicant is seeking approval and the wages for those jobs;

(j) A projection of the amount of capital investment in this State that is associated with primary jobs served by the program of workforce recruitment, assessment and training for which the applicant is seeking approval;

(k) Evidence satisfactory to the Office that the proposed program of workforce recruitment, assessment and training is consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C.

§ 3112;

(l) A statement that each business participating in the proposed program of workforce recruitment, assessment and training will provide to the Executive Director of the Office such information as the Executive Director deems necessary to enable the Office to prepare the report required by NRS 231.1513;

- *AB32_R1* – 5 – (m) A workforce diversity action plan;

and [(e)] (n) The estimated cost of the proposed program of workforce recruitment, assessment and training.

and[and] (b) To the extent practicable, be provided on a statewide basis to support the industrial and economic development of all geographic areas of this State.State [.] ;

-(c) *AB32*Provide –a 3credential –or 4.an identifiable skill to persons who successfully complete the program of workforce recruitment, assessment and training;

and (d) Be a strategic partnership between the provider of the program of workforce recruitment, assessment and training and a business participating in the program.

The partnership may include, without limitation, nonprofit organizations, secondary educational institutions, local workforce development boards, local governments and any other relevant party.

4.

(b)and Approve or disapprove each application for approval of a program of workforce recruitment, assessment and training within 60 days after receiving a complete application;

and (c) Provide notice of the approval or disapproval of each application to the applicant within 10 days after approving or disapproving the application.

When considering an application, the Office shall give priority to a program of workforce recruitment, assessment and training that will provide wor(a)workforce Providedevelopment high-skillservices and high-wage jobs to residentsone ofor thismore State;businesses that:

produced(a) orProvide boughthigh-skill inand thishigh-wage State;cticable,jobs use materials that are (c) Are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsectionresidents 2 of NRSthis 231.053;State;

and- (d)*AB32_R1* Are– consistent6 with– the(b) unifiedProvide stateto planpersons submittedwho bysuccessfully complete the Governorprogram toof theworkforce Secretaryrecruitment, ofassessment Laborand pursuanttraining a credential or identifiable skill that would not otherwise be available to 29be U.S.C.obtained in this State;

(c) Consists of a course of study or training that completes the training of workers within a period of not more than 12 months;

(d) To the greatest extent practicable, use materials that are produced or bought in this State;

[(c)] (e) Are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

and [(d)] (f) Are consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C.

An authorized provider may use money distributed pursuant to this section:section [:] for any of the following:

(a) To provide technical services to [aa business]business an employer that participates in the program of workforce recruitment, assessment and training;training .

[;] (b) To providepay publicityfees foror thetuition, programor ofboth, workforcefor recruitment,persons assessmentwho andreceive training andin forthe jobprogram recruitingof andworkforce assessmentsrecruitment, conductedassessment throughand thetraining. program;

(c) To provide[provide instructionalpublicity services;for] promote the program of workforce assessments conducted through the program .

[;ob recruiting and (c)] (d) To provide analysisinstructional ofservices on-site. training;

-[; *AB32* – 4 – (e) To pay any costs relating to the rental of instructional facilities, including, without limitation, utilities and costs relating to the storage and transportation of equipment and supplies;

(e)] (f) To pay administrativefor andequipment personnelnecessary costs;to conduct the training.

andAny (g)equipment Topurchased payby anythe otherauthorized costsprovider necessaryusing money distributed pursuant to effectivelythis carrysection outis the programproperty of workforcethe recruitment,Office. assessment and training.

8.If the authorized provider does not successfully deliver the program of workforce recruitment, assessment and training for which the authorized provider received a distribution of money pursuant to this section, the authorized provider must return the equipment to the Office and the Office may authorize other authorized providers to use the equipment to conduct training pursuant to a program of workforce recruitment, assessment and training approved by the Office.

[A(g) person]To Anpay employerany whocosts [operatesrelating ato business]the employsrental orof willinstructional [operatefacilities, aincluding, business]without employlimitation, personsutilities inand thiscosts Staterelating may apply to the Officestorage toand participatetransportation in a program of workforceequipment recruitment, assessment and trainingsupplies provided. by an authorized provider.

[;

(f)] (h) To pay administrative and personnel costs .

[;

and (g)] (i) To pay any other costs necessary to effectively carry out the program of workforce recruitment, assessment and training.

- *AB32_R1* – 7 – 8.

A person who operates a business or will operate a business in this State may apply to the Office to participate in a program of workforce recruitment, assessment and training provided by an authorized provider.

(a) The name, address and telephone number of the [business;]business; employer;

(b) Proof satisfactory to the Office that the [business]business participationis ofregistered pursuant to the employerlaws inof this State or that the programbusiness iscommits consistentto withobtain thea Statevalid Planbusiness forlicense Economicand Developmentall developedother permits required by this State and the Executivecounty, Directorcity pursuantor totown subsectionin 2which ofthe NRSbusiness 231.053;operates;

(c) AProof descriptionsatisfactory ofto the numberOffice and types of jobs that the [business]business employeris expectsnot willexcluded befrom createdreceiving orcontracts retainedfrom in this State as a result of its participation in the programFederal ofGovernment workforcepursuant recruitment, assessment and training and the wages the [business] employer expects to pay48 toC.F.R. persons employed in those jobs;

through§§ the9.400 programet ofseq. workforce recruitment, assessment andusiness training;

and(e)as Aa workforceresult diversityof actionbeing plandebarred; approved by the Office;

(f)(d) AnyProof othersatisfactory informationto requiredthe byOffice that the Office.business has not conducted layoffs in the 12 months immediately preceding submission of the application to the Office for the type of job for which the business is applying to participate in the program of workforce recruitment, assessment and training;

(e) Proof satisfactory to the Office that the business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

business expects will be created or retained in this State as a result of its participation in the program of workforce recruitment, persons employed in those jobs;

wages the business expects to pay to [(d)] (g) The types of services which will be provided to the business through the program of workforce recruitment, assessment and training;

[(e)] (h) If the program of workforce recruitment, assessment and training will provide training to existing employees of the business:

(1) A plan setting forth the job promotions for employees who successfully complete the program and the increased wages that will be paid to employees who successfully complete the program;

(2) A plan for filling the jobs vacated by employees who successfully complete the program and obtain job promotions;

(3) A statement signed by each business that will participate in the program certifying that if the program set forth in the application is approved and money is allocated, granted or loaned by the Office for the program, each employee who successfully completes the program:

- *AB32_R1* – 8 – (I) Will be employed in a full-time and permanent position in the business;

and (II) While employed in that position, will be paid not less than 80 percent of the lesser of the average industrial hourly wage in this State or the county in which the business is located, as determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

and (4) A list of the costs that each business that will participate in the program will pay to satisfy any requirement to providing matching funding to receive an allocation, grant or loan of money from the Office;

(i) A workforce diversity action plan approved by the Office;

and [(f)] (j) Any other information required by the Office.

5.5.

NRS 231.1468 is hereby amended to read as follows:

231.1468 A workforce diversity action plan submitted to the Office for approval pursuant to paragraph (a) of subsection 3 of NRS 231.1467 or paragraph [(e)] (i) of subsection 8 of NRS 231.1467 must include, without limitation:

1.

A statement expressing a commitment to workforce diversity, an explanation of the actions that will be taken and strategies that will be implemented to promote workforce diversity measure the success of the plan in achieving those goals;

and 2.

A statement expressing a commitment to comply with all appSec.

NRSfeNRS 231.149 is hereby amended to read as follows:

The Office may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 231.141 to 231.152, inclusive [.] , and sectionssection 23.5 and 3 of this act.

A person who makes a gift, grant, donation or contribution to the Office to carry out the provisions of NRS 231.141 to 231.152, inclusive, and sectionssection 23.5 and 3 of this act must be:

- *AB32**AB32_R1* – 59 – Sec.

Any money the Office receives pursuant to NRS 231.149 or that is appropriated to carry out the provisions of NRS 231.141 to 231.152, inclusive [:] , and sectionssection 23.5 and 3 of this act:

Except[Except as otherwise provided in subsection 3, the balance remaining in the Account that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year reverts to the State General Fund.

4.4.] The Office shall administer the Account.

The Office shall administer the Account.

3.

Any money in the Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

231.152 The Office may adopt such regulations as are necessary to carry out the provisions of NRS 231.141 to 231.152, inclusive [.] , and sectionssection 23.5 and 3 of this act.

8.5.

NRS 231.147 is hereby repealed.

Sec.

This act becomes effective onupon Julypassage 1,and 2019.approval.

H - *AB32**AB32_R1* – 10 – TEXT OF REPEALED SECTION 231.147 Application for approval of program of workforce training;

contents of application;

assistance in completing application;

approval or denial of application by Office;

matching money;

notification of approval or denial.

1.

A person who operates a business or will operate a business in this State may apply to the Office for approval of a program of prescribed by the Office.pplication must be submitted on a form 2.

Each application must include:

(a) The name, address and telephone number of the business;

(b) The number and types of jobs for the business that are available or will be available upon completion of the program of workforce training;

(c) A statement of the objectives of the proposed program of workforce training;

(d) The estimated cost for each person enrolled in the program of workforce training;

and (e) A statement signed by the applicant certifying that, if the approved and money is granted by the Office to an authorizeds provider for the program of workforce training, each employee who completes the program of workforce training:

(1) Will be employed in a full-time and permanent position in the business;

and (2) While employed in that position, will be paid not less than 80 percent of the lesser of the average industrial hourly wage in:

(I) This State;

or (II) The county in which the business is located,  as determined by the Employment Security Division of the of each fiscal year.ment, Training and Rehabilitation on July 1 3.

Upon request, the Office may assist an applicant in completing an application pursuant to the provisions of this section.

4.

Except as otherwise provided in subsection 5, the Office shall approve or deny each application within 45 days after receipt of the application.

When considering an application, the Office shall give priority to a business that:

- *AB32_R1* – 11 – (a) Provides high-skill and high-wage jobs to residents of this State;

(b) To the greatest extent practicable, uses materials for the business that are produced or bought in this State;

(c) Is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

and Governor to the Secretary of Labor pursuant to 29 U.S.C.

§ 3112.e 5.

Before approving an application, the Office shall establish the amount of matching money that the applicant must provide for the program of workforce training.

The amount established by the Office for that applicant must not be less than 25 percent of the amount the Office approves for the program of workforce training.

6.

If the Office approves an application, it shall notify the approved., in writing, within 10 days after the application is 7.

If the Office denies an application, it shall, within 10 days after the application is denied, notify the applicant in writing.

The notice must include the reason for denying the application.

H - *AB32_R1*