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Senate Amendment 5742

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5540, to Senate File
  1  2 2296, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  Page 2, by inserting after line 11 the
  1  5 following:
  1  6    "Sec. ___.  NEW SECTION.  15.361  TITLE.
  1  7    This part shall be known and may be cited as the
  1  8 "Certified School to Career Program".
  1  9    Sec. ___.  NEW SECTION.  15.362  DEFINITIONS.
  1 10    As used in this part, unless the context otherwise
  1 11 requires:
  1 12    1.  "Certified school to career program" or
  1 13 "certified program" means a sequenced and articulated
  1 14 secondary and postsecondary program registered as an
  1 15 apprenticeship program under 29 C.F.R. subtit. A, pt.
  1 16 29, which is conducted pursuant to an agreement as
  1 17 provided in section 15.364 or a program approved by
  1 18 the state board of education, in conjunction with the
  1 19 department of economic development, as meeting the
  1 20 standards enumerated in section 15.363, that
  1 21 integrates a secondary school curriculum with private
  1 22 sector job training which places students in job
  1 23 internships, and which is designed to continue into
  1 24 postsecondary education and that will result in
  1 25 teaching new skills and adding value to the wage-
  1 26 earning potential of participants and increase their
  1 27 long-term employability in the state and which is
  1 28 conducted pursuant to an agreement as provided in
  1 29 section 15.364.
  1 30    2.  "Participant" means an individual between the
  1 31 ages of sixteen and twenty-four who is enrolled in a
  1 32 public or private secondary or postsecondary school
  1 33 and who initiated participation in a certified school
  1 34 to career program as part of secondary school
  1 35 education.
  1 36    3.  "Payroll expenditures" means the base wages
  1 37 actually paid by an employer to a participant plus the
  1 38 amount held in trust to be applied toward the
  1 39 participant's postsecondary education.
  1 40    4.  "Sponsor" means any person, association,
  1 41 committee, or organization operating a school to
  1 42 career program and in whose name the program is or
  1 43 will be registered or approved.
  1 44    Sec. ___.  NEW SECTION.  15.363  CERTIFICATION
  1 45 STANDARDS.
  1 46    The state board of education, in consultation with
  1 47 the department of economic development, shall adopt
  1 48 rules pursuant to chapter 17A to guide the board and
  1 49 department in determining whether a potential school
  1 50 to career program should be approved.
  2  1    A school to career program which is approved by the
  2  2 state board of education in conjunction with the
  2  3 department of economic development shall comply with
  2  4 all of the following standards:
  2  5    1.  The program is conducted pursuant to an
  2  6 organized, written plan embodying the terms and
  2  7 conditions of employment, job training, classroom
  2  8 instruction, and supervision of one or more
  2  9 participants, subscribed to by a sponsor who has
  2 10 undertaken to carry out the school to career program.
  2 11    2.  The program complies with all state and federal
  2 12 laws pertaining to the workplace.
  2 13    3.  The employer agrees to assign an employee to
  2 14 serve as a mentor for a participant.  The mentor's
  2 15 occupation shall be in the same career pathway as the
  2 16 career interests of the participant.
  2 17    4.  The program involves an eligible postsecondary
  2 18 institution as defined in section 261C.3.
  2 19    5.  Other standards adopted by rule by the state
  2 20 board of education after consultation with the
  2 21 department of economic development.
  2 22    Sec. ___.  NEW SECTION.  15.364  CERTIFIED PROGRAM
  2 23 AGREEMENT.
  2 24    The certified program shall be conducted pursuant
  2 25 to a signed written agreement between each participant
  2 26 and the employer which contains at least the following
  2 27 provisions:
  2 28    1.  The names and signatures of the participant and
  2 29 the sponsor or employer and the signature of a parent
  2 30 or guardian if the participant is a minor.
  2 31    2.  A description of the career field in which the
  2 32 participant is to be trained, and the beginning date
  2 33 and duration of the training.
  2 34    3.  The employer's agreement to provide paid
  2 35 employment, at a base wage, for the participant during
  2 36 the summer months after the participant's junior and
  2 37 senior years in high school and after the
  2 38 participant's first year of postsecondary education.
  2 39    4.  The participant and employer shall agree upon
  2 40 set minimum academic standards which must be
  2 41 maintained through the participant's secondary and
  2 42 postsecondary education.
  2 43    5.  This base wage paid to the participant shall
  2 44 not be less than the minimum wage prescribed by Iowa
  2 45 law or the federal Fair Labor Standards Act, whichever
  2 46 is applicable.
  2 47    6.  That in addition to the base wage paid to the
  2 48 participant, the employer shall pay an additional sum
  2 49 to be held in trust to be applied toward the
  2 50 participant's postsecondary education required for
  3  1 completion of the certified program.  The additional
  3  2 amount must be not less than an amount determined by
  3  3 the department of economic development to be
  3  4 sufficient to provide payment of tuition expenses
  3  5 toward completion of not more than two academic years
  3  6 of the required postsecondary education component of
  3  7 the certified program at an Iowa community college or
  3  8 an Iowa public or private college or university.  This
  3  9 amount shall be held in trust for the benefit of the
  3 10 participant pursuant to rules adopted by the
  3 11 department of economic development.  Payment into an
  3 12 ERISA-approved fund for the benefit of the participant
  3 13 shall satisfy this requirement.  The specific fund
  3 14 shall be specified in the agreement.
  3 15    7.  The participant's agreement to work for the
  3 16 employer for at least two years following the
  3 17 completion of the participant's postsecondary
  3 18 education required by the certified program and the
  3 19 employer's agreement to both of the following:
  3 20    a.  To provide and pay at least eighty percent of
  3 21 the cost of a standard medical and dental insurance
  3 22 plan for the participant.
  3 23    b.  To pay a full-time hourly wage to the
  3 24 participant of at least eleven dollars per hour
  3 25 indexed to 1998 dollars based on the gross national
  3 26 product implicit price deflator published by the
  3 27 bureau of economic analysis of the United States
  3 28 department of commerce or one hundred thirty percent
  3 29 of the average wage in the county in which the
  3 30 facility where the participant will be employed is
  3 31 located, whichever is higher.
  3 32    However, the agreement may provide for additional
  3 33 education and work commitments beyond the two years.
  3 34    8.  If the participant does not complete the two-
  3 35 year employment obligation, the participant's
  3 36 agreement to repay to the employer the amount paid by
  3 37 the employer toward the participant's postsecondary
  3 38 education expenses pursuant to subsection 6.
  3 39    9.  That if a participant does not complete the
  3 40 certified program contemplated by the agreement, any
  3 41 unexpended funds being held in trust for the
  3 42 participant's postsecondary education shall be paid
  3 43 back to the employer.  In addition the participant
  3 44 must repay to the employer amounts paid from the trust
  3 45 which were expended on the participant's behalf for
  3 46 postsecondary education.
  3 47    Sec. ___.  NEW SECTION.  15.365  PAYROLL
  3 48 EXPENDITURE REFUND.
  3 49    1.  An employer who employs a participant in a
  3 50 certified school to career program may claim a refund
  4  1 of twenty percent of the employer's payroll
  4  2 expenditures for each participant in the certified
  4  3 program.  The refund is limited to the first four
  4  4 hundred hours of payroll expenditures per participant
  4  5 for each calendar year the participant is in the
  4  6 certified program, not to exceed three years per
  4  7 participant.
  4  8    2.  To receive a refund under subsection 1 for a
  4  9 calendar year, the employer shall file the claim by
  4 10 July 1 of the following calendar year.  The claim
  4 11 shall be filed on forms provided by the department of
  4 12 economic development and the employer shall provide
  4 13 such information regarding the employer's
  4 14 participation in a certified school to career program
  4 15 as the department may require.  Forms should be
  4 16 designed such that claims for refunds for more than
  4 17 one participant may be made on a single form.  A valid
  4 18 claim shall be paid with interest, the interest to
  4 19 begin to accrue on the first day of the second
  4 20 calendar month following the date the claim for refund
  4 21 was to be filed or was filed, whichever is the latest,
  4 22 at the rate in effect under section 421.7 counting
  4 23 each fraction of a month as an entire month under
  4 24 rules prescribed by the department.
  4 25    3.  For each fiscal year of the fiscal period
  4 26 beginning July 1, 1999, and ending June 30, 2004,
  4 27 there is appropriated annually from the general fund
  4 28 of the state to the department of economic development
  4 29 an amount sufficient to pay refunds under this
  4 30 section.
  4 31    4.  The department of economic development shall
  4 32 consult with the department of revenue and finance for
  4 33 purposes of this section.  The department of economic
  4 34 development shall adopt rules as deemed necessary to
  4 35 carry out the purposes of the certified school to
  4 36 career program.
  4 37    Sec. ___.  NEW SECTION.  15.366  REPEAL.
  4 38    This part of chapter 15 is repealed June 30, 2004.
  4 39 However, any contracts in existence on June 30, 2004,
  4 40 shall continue to be valid and each party to such
  4 41 contract is obligated to perform as required under
  4 42 such contract.  However, no employer is entitled to
  4 43 any payroll expenditure refund for payroll
  4 44 expenditures incurred after December 31, 2002." 
  4 45 
  4 46 
  4 47                               
  4 48 TOM VILSACK 
  4 49 SF 2296.225 77
  4 50 tm/jl/28
     

Text: S05741                            Text: S05743
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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