Substitute House Bill No. 5086
Substitute House Bill No. 5086
PUBLIC ACT NO. 94-116
AN ACT CONCERNING INCENTIVES AND TRAINING FOR HIGH
PERFORMANCE WORK ORGANIZATIONS AND THE
SCHOOL-TO-WORK CAREER CERTIFICATE PROGRAM.
Section 1. (NEW) As used in this act: "High
performance work organization" means a person,
firm or corporation which establishes a work
environment which enhances the ability of the
person, firm or corporation to:
(1) Demonstrate a commitment to continuous
improvement of products and services and cost
reductions for such products and services;
(2) Encourage decentralized decision-making,
worker participation at all levels and greater
reliance on front-line workers;
(3) Develop a worker-management relationship
based on consideration of mutual interests and
concerns;
(4) Adopt an organizational structure which
includes flexible, cross-functional teams
responsible for training, customer service,
operational problem-solving, and product design
and development;
(5) Cultivate an environment which permits
managers to assume motivational and leadership
functions, including, but not limited to,
long-range planning, coaching and facilitation,
rather than serving only as enforcers;
(6) Demonstrate a commitment to ongoing
training of all workers, including front-line
staff, and training to enable the company to meet
ISO 9000 standards;
(7) Implement a flexible benefits program and
innovative compensation schemes, such as
profit-sharing, gainsharing, skill-based pay or
pay-for-performance systems;
(8) Demonstrate a commitment to a safe and
healthful workplace;
(9) Solicit suggestions from customers and
suppliers in designing and developing products and
services;
(10) Demonstrate a commitment to delivering a
greater variety of high quality products at a
lower cost through manufacturing innovations such
as concurrent engineering, flexible manufacturing
and just-in-time production;
(11) Provide wages and benefits that meet or
exceed industry averages; and
(12) Participate in a Connecticut career
certificate program established by a local or
regional board of education, regional
vocational-technical school, or regional education
service center and approved by the commissioner of
education and the labor commissioner.
Sec. 2. (NEW) The commissioner of economic
development shall give priority to applicants who
have established a work environment consistent
with the criteria set forth in section 1 of this
act in awarding financial assistance under the
programs authorized pursuant to chapter 588l of
the general statutes to the extent consistent with
any state or regional economic development
strategy.
Sec. 3. (NEW) The board of directors of the
Connecticut development authority shall give
priority to applicants who have established a work
environment consistent with the criteria set forth
in section 1 of this act in awarding financial
assistance under the programs authorized pursuant
to chapter 588n of the general statutes, sections
32-14 to 32-23a, inclusive, 32-23v, 32-23x,
32-23gg to 32-23ll, inclusive, 32-23z, 32-23pp to
32-23ss, inclusive, of the general statutes, as
amended, and section 40 of public act 93-382 and
the programs utilizing proceeds of self-sustaining
revenue bonds and umbrella revenue bonds pursuant
to chapter 579 of the general statutes, to the
extent consistent with any state or regional
economic development strategy.
Sec. 4. (NEW) The board of directors of
Connecticut Innovations, Incorporated shall give
priority to applicants who have established a work
environment consistent with the criteria set forth
in section 1 of this act in awarding financial
assistance under the program authorized pursuant
to section 32-175 of the general statutes, as
amended by section 47 of public act 93-382, and
section 32-176 of the general statutes, as amended
by section 48 of public act 93-382, and section 49
of public act 93-382, to the extent consistent
with any state or regional economic development
strategy.
Sec. 5. (NEW) The labor commissioner shall
give priority to applicants who have established a
work environment consistent with the criteria set
forth in section 1 of this act in awarding
financial assistance under the programs authorized
pursuant to chapter 556 of the general statutes to
the extent consistent with any state or regional
economic development strategy.
Sec. 6. (NEW) Not later than July 1, 1996, the
commissioner of economic development, the labor
commissioner, the Connecticut development
authority and Connecticut Innovations,
Incorporated shall jointly develop goals and
objectives and quantifiable outcome measures
related to the percentage of financial assistance
which is being provided to high performance work
organizations. The commissioner of economic
development, the labor commissioner, the
Connecticut development authority and Connecticut
Innovations, Incorporated shall submit an annual
report concerning such goals, objectives and
measures to the joint standing committee of the
general assembly having cognizance of matters
relating to labor and public employees and the
joint standing committee having cognizance of
matters relating to commerce.
Sec. 7. (NEW) The department of economic
development, the labor department, the Connecticut
development authority and Connecticut Innovations,
Incorporated shall, when appropriate, encourage
persons, firms and corporations which contact said
departments or authorities for financial
assistance to utilize high performance work
practices in their business operations.
Sec. 8. (NEW) Not later than January 1, 1995,
the commissioner of economic development and the
labor commissioner shall jointly report on the
feasibility of establishing an educational center
based at a state institution of higher education
to (1) provide training to businesses in high
performance work practices and (2) enable
businesses to share information concerning
implementation of high performance work practices.
Such report shall include recommendations
regarding the budget and financing of such center.
Sec. 9. Section 33 of public act 93-382 is
repealed and the following is substituted in lieu
thereof:
(a) There is established a university-based
manufacturing application center program to be
administered by the corporation for the purpose of
promoting technology deployment by linking
Connecticut's higher education system with small
and medium-sized businesses. During the
three-month period beginning on the effective date
of [this] section 33 OF PUBLIC ACT 93-382, the
corporation shall accept applications from
eligible institutions in a form and manner
prescribed by the corporation for state funding
for the operation of a manufacturing application
center.
(b) On or before January 1, 1994, the
corporation shall review all applications timely
received pursuant to this section and shall
approve one such application. In approving such
application the corporation shall assess
scientific and economic factors concerning the
proposed manufacturing application center,
including but not limited to the following:
(1) The eligible institution's experience with
manufacturing applications, including
computer-integrated manufacturing, computer-aided
drafting and design, just-in-time manufacturing
and total quality management;
(2) The center's plan to provide follow-up
employee training to center users;
(3) The center's plan to involve urban-based
businesses, minority students or minority-owned
businesses in its activities; and
(4) The adequacy of the center's proposed
mechanisms for evaluating its progress.
(c) THE CENTER'S RESPONSIBILITIES SHALL
INCLUDE, BUT NOT BE LIMITED TO, PROVIDING TRAINING
FOR MANUFACTURING BUSINESSES IN HIGH PERFORMANCE
WORK PRACTICES.
Sec. 10. Section 34 of public act 93-382 is
repealed and the following is substituted in lieu
thereof:
(a) There is established a nonprofit
deployment research program to be administered by
the corporation for the purpose of identifying
emerging advanced available technologies in
economically distressed manufacturing or former
manufacturing regions of the state. During the
six-month period beginning on the effective date
of [this] section 34 OF PUBLIC ACT 93-382, the
corporation shall accept applications from
eligible deployment research consortia in a form
and manner prescribed by the corporation for state
funding for technology deployment research.
(b) On or before July 1, 1994, the corporation
shall review all applications timely received
pursuant to this section and shall approve one
such application. In approving such application
the corporation shall assess scientific and
economic factors concerning the proposed
technology deployment research, including but not
limited to the following:
(1) The extent to which the research will
identify advanced available technologies for
future deployment;
(2) The extent to which the research enhances
existing manufacturing in Connecticut industry;
(3) The eligible research consortium's plan to
involve minority students or minority owned
businesses in its activities; and
(4) The adequacy of the eligible research
consortium's proposed mechanisms for evaluating
its progress.
(c) THE CENTER'S RESPONSIBILITIES SHALL
INCLUDE, BUT NOT BE LIMITED TO, PROVIDING TRAINING
FOR BUSINESSES IN HIGH PERFORMANCE WORK PRACTICES.
Sec. 11. Subsection (a) of section 51 of
public act 93-382 is repealed and the following is
substituted in lieu thereof:
(a) There is hereby established within the
department of economic development a manufacturing
extension service program for the purpose of
awarding a grant to a private nonprofit or public
entity seeking to establish within the state a
manufacturing extension service for small and
medium-sized manufacturers. Applications for a
grant under this [sections] SECTION shall be made
and grants shall be awarded in the manner and form
prescribed by the commissioner. THE EXTENSION
SERVICE'S RESPONSIBILITIES SHALL INCLUDE, BUT NOT
BE LIMITED TO, PROVIDING TRAINING FOR SMALL AND
MEDIUM-SIZED BUSINESSES IN HIGH PERFORMANCE WORK
PRACTICES.
Sec. 12. Section 32-240 of the general
statutes, as amended by section 13 of public act
93-382, is repealed and the following is
substituted in lieu thereof:
(a) As used in this section:
(1) "Commissioner" means the commissioner of
economic development;
(2) "Flexible manufacturing network" means a
group of three or more private sector firms
working cooperatively to (A) manufacture products,
(B) sell, market, develop technologies for or
create or disseminate information concerning
manufactured products or (C) provide manufacturing
support services or computer integrated
manufacturing for such firms; and
(3) "Manufacturing support services" means
services utilized by manufacturers to improve
productivity, including but not limited to,
services related to quality, management,
technology or product development, marketing or
modernization.
(b) The commissioner shall award grants for
the establishment of flexible manufacturing
networks in the state. Such grants may be awarded
to entities interested in establishing flexible
manufacturing networks, including but not limited
to, manufacturers, trade associations, unions,
municipalities and nonprofit corporations.
(c) The commissioner shall prepare and issue a
request for proposals for flexible manufacturing
network services. The request for proposals shall
require each person, firm or corporation
submitting a proposal to: (1) Indicate the
manufacturing sector or sectors to be included in
the network, (2) indicate the persons, firms and
corporations expected to participate in the
network, (3) identify common problems and needs of
the network participants, (4) indicate the
objectives of the network, which may include but
shall not be limited to, sharing costs and risks,
instituting joint worker training programs,
sharing new machines and equipment, using
management consultant and extension services,
utilizing centralized administrative support,
accessing public and private development funds and
identifying new business opportunities, (5)
identify the specific tasks that the network would
undertake and (6) provide any other information
deemed necessary by the commissioner of economic
development.
(d) NOT LATER THAN JANUARY 1, 1995, THE
COMMISSIONER SHALL REPORT TO THE GENERAL ASSEMBLY
ON THE AMOUNT OF MONEY THAT WOULD BE NECESSARY TO
PROVIDE A GRANT TO A FLEXIBLE MANUFACTURING
NETWORK TO ENABLE THE NETWORK TO PROCURE TRAINING
FOR ITS PARTICIPANTS IN HIGH PERFORMANCE WORK
PRACTICES.
Sec. 13. (NEW) (a) Notwithstanding any
provision of the general statutes, the labor
commissioner, in exercise of his duties under
chapter 567 of the general statutes, shall, within
available resources, maintain a state-wide network
of job centers which provide to workers, students
and employers comprehensive workforce development
assistance, including, but not limited to, the
following:
(1) Unemployment compensation, retraining
allowances and other forms of federal and state
income support;
(2) Career, labor market, educational and job
training information, and consumer reports on
local training providers;
(3) Career planning and job search assistance;
(4) Applicant recruitment and screening,
assessment of training needs, customized job
training pursuant to chapter 556 of the general
statutes, apprenticeship programs pursuant to
chapter 557 of the general statutes and related
consultative services to employers based on their
employment needs;
(5) Eligibility determinations and referrals
to providers of employment and training services;
and
(6) Access to information regarding job
openings and, where appropriate, referral to such
openings.
(b) In carrying out his responsibilities under
this section, the commissioner shall:
(1) Collaborate with the Connecticut
employment and training commission established
pursuant to section 31-3h of the general statutes
and the regional workforce development boards
established pursuant to section 31-3k of the
general statutes, as amended by section 1 of
public act 93-134;
(2) Promote coordination of service delivery
and collaboration with other public and private
providers of education, human services and
employment and training services; and
(3) Consult with the commissioner of economic
development to insure coordination of service
delivery to employers.
Sec. 14. (NEW) The labor department, for the
purpose of funding the program pursuant to section
13 of this act, may, in addition to expending
available appropriations, apply for federal
waivers and receive and expend any such funds
available from the federal government and any
private sources for the funding of job training
initiatives, including assistance to workers who
are presently working and workers who are studying
the feasibility of employee stock ownership plans.
Sec. 15. Section 31-235 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) An unemployed individual shall be eligible
to receive benefits with respect to any week only
if it has been found that (1) he has made claim
for benefits in accordance with the provisions of
section 31-240 and has registered for work at the
public employment bureau or other agency
designated by the administrator within such time
limits, with such frequency and in such manner as
the administrator may prescribe, provided failure
to comply with this condition may be excused by
the administrator upon a showing of good cause
therefor; (2) except as provided in subsection (b)
of this section, he is physically and mentally
able to work and is available for work and has
been and is making reasonable efforts to obtain
work, provided he shall not be considered to be
unavailable for work solely because he is
attending a school, college or university as a
regularly enrolled student during his separation
from employment, within the limitations of
subdivision (a)(6) of section 31-236, AS AMENDED
BY SECTION 5 OF PUBLIC ACT 93-243, and provided
further, he shall not be considered to be lacking
in his efforts to obtain work if, as a student, he
restricts such efforts to employment which does
not conflict with his regular class hours as a
student, and provided the administrator shall not
use prior "patterns of unemployment" of the
individual to determine whether he is available
for work; (3) he has been paid wages by an
employer who was subject to the provisions of this
chapter during the base period of his current
benefit year in an amount at least equal to forty
times his benefit rate for total unemployment:
Provided an unemployed individual who is sixty-two
years of age or older and is involuntarily retired
under a compulsory retirement policy or contract
provision shall be eligible for benefits with
respect to any week, notwithstanding subdivisions
(1) and (2) of this section, if it is found by the
administrator that he has made claim for benefits
in accordance with the provisions of section
31-240, has registered for work at the public
employment bureau, is physically and mentally able
to work, is available for work, meets the
requirements of subdivision (3) of this section
and has not refused suitable work to which he has
been referred by the administrator; (4) HE
PARTICIPATES IN REEMPLOYMENT SERVICES, SUCH AS JOB
SEARCH ASSISTANCE SERVICES, IF THE INDIVIDUAL HAS
BEEN DETERMINED TO BE LIKELY TO EXHAUST REGULAR
BENEFITS AND NEED REEMPLOYMENT SERVICES PURSUANT
TO A PROFILING SYSTEM ESTABLISHED BY THE
ADMINISTRATOR UNLESS THE ADMINISTRATOR DETERMINES
THAT (A) THE INDIVIDUAL HAS COMPLETED SUCH
SERVICES OR (B) THERE IS JUSTIFIABLE CAUSE FOR THE
INDIVIDUAL'S FAILURE TO PARTICIPATE IN SUCH
SERVICES. THE ADMINISTRATOR SHALL ADOPT
REGULATIONS, IN ACCORDANCE WITH THE PROVISIONS OF
CHAPTER 54, FOR THE ADMINISTRATION OF THE
PROFILING SYSTEM. For purposes of subdivision (2)
of this section, "patterns of unemployment" means
regularly recurring periods of unemployment of the
claimant in the years prior to his filing the
claim in question.
(b) The provisions of subdivision (2) of
subsection (a) of this section relating to the
eligibility of students for benefits shall not be
applicable to any claimant who attended a school,
college or university as a regularly enrolled
full-time student at any time during the two years
prior to his date of separation from employment,
unless such claimant was employed on a full-time
basis, as determined by the administrator, for the
two years prior to such date.
Sec. 16. (NEW) (a) As used in this section:
(1) "Administrator" means the labor
commissioner in his capacity as administrator of
unemployment compensation under chapter 567 of the
general statutes;
(2) "Self-employment assistance activities"
means activities, including entrepreneurial
training, business counseling and technical
assistance, approved by the administrator, in
which an individual identified through the worker
profiling system established under section 31-235
of the general statutes, as amended by section 15
of this act, as likely to exhaust regular benefits
participates for the purpose of establishing a
business and becoming self-employed;
(3) "Self-employment assistance allowance"
means an allowance payable in lieu of regular
benefits and from the unemployment fund
established under section 31-261 of the general
statutes to an individual participating in
self-employment assistance activities who meets
the requirements of this section;
(4) "Regular benefits" means benefits payable
to an individual under chapter 567 of the general
statutes, including benefits payable to federal
civilian employees and ex-service members but
excluding additional and extended benefits; and
(5) "Full-time basis" shall have the meaning
contained in regulations adopted by the
administrator pursuant to section 17 of this act.
(b) The weekly allowance payable under this
section to an individual shall be equal to the
weekly benefit amount of regular benefits
otherwise payable under section 31-231a of the
general statutes, as amended by section 4 of
public act 93-243. The sum of the allowance paid
under this section and regular benefits paid with
respect to any benefit year shall not exceed the
maximum benefit amount established by section
31-231b of the general statutes with respect to
such benefit year.
(c) The self-employment assistance allowance
shall be payable to an individual at the same
intervals, on the same terms, and subject to the
same conditions as regular benefits, except that:
(1) The requirements of section 31-235 of the
general statutes, as amended by section 15 of this
act, and subsection (a)(1) of section 31-236 of
the general statutes, as amended by section 5 of
public act 93-243, concerning availability for
work, active search for work and refusal to accept
work shall not apply to such individual;
(2) The requirements of section 31-229 of the
general statutes, as amended by section 19 of this
act, concerning self-employment income shall not
apply to income earned from such individual's
self-employment;
(3) An individual who meets the requirements
of this section shall be considered unemployed
pursuant to sections 31-227 and 31-228 of the
general statutes; and
(4) An individual who fails to participate in
self-employment assistance activities or who fails
actively to engage, on a full-time basis, in
activities, which may include training, relating
to the establishment of a business and becoming
self-employed shall be disqualified from receiving
benefits for the week such failure occurs.
(d) The total number of individuals receiving
self-employment assistance allowances under this
section shall not, at any time, exceed five per
cent of the number of individuals receiving
regular benefits.
(e) Allowances paid under this section shall
be charged to employers pursuant to chapter 567 of
the general statutes in the same manner as regular
benefits.
(f) This section shall apply to weekly
allowances payable under this section for any week
succeeding the effective date of this act or to
weekly allowances payable under this section
commencing after any plan required by the United
States Department of Labor is approved by such
department, whichever is later. The authority
provided in this section shall terminate as of the
end of the week preceding the date federal law
ceases to authorize the provisions of this
section, unless such date is a Saturday, in which
case, the authority shall terminate as of such
date.
Sec. 17. (NEW) The administrator shall adopt
regulations, in accordance with the provisions of
chapter 54 of the general statutes, for the
administration of the self-employment assistance
pilot program established pursuant to section 16
of this act. The regulations shall prescribe
procedures for assuring that the limitations on
the total number of participants specified in
subsection (c) of said section are met.
Sec. 18. (NEW) On or before January 1, 1996,
the administrator shall submit a report regarding
the operation of the self-employment assistance
pilot program to the joint standing committee of
the general assembly having cognizance of matters
relating to labor and public employees, in
accordance with the provisions of section 11-4a of
the general statutes.
Sec. 19. Section 31-229 of the general
statutes is repealed and the following is
substituted in lieu thereof:
An eligible individual who is partially
unemployed throughout a week, which shall be, at
the discretion of the administrator, either a
calendar week or a payroll week of seven
consecutive days as determined by the
administrator, shall be paid with respect to such
week an amount equal to his benefit rate for total
unemployment reduced by an amount equal to
two-thirds, rounded to the next higher whole
dollar, of the total remuneration, rounded to the
nearest whole dollar, of any nature payable to him
for services of any kind during such week, except
service performed in the employ of any town, city
or other political subdivision, which service is
performed in lieu of payment of any delinquent tax
payments to such town, city or other political
subdivision. An individual shall be deemed to be
partially unemployed in any week of less than
full-time work if the total remuneration of any
nature payable to him for services of any kind
during such week, except service performed in the
employ of any town, city or other political
subdivision, which service is performed in lieu of
payment of any delinquent tax payments to such
town, city or other political subdivision, amounts
to less than one and one-half times his benefit
rate for total unemployment rounded to the next
highest dollar. For purposes of this section,
remuneration shall also include any holiday pay
payable with respect to any such week, whether or
not any service was performed during such week or
was in any other way required for receipt of such
holiday pay. FOR PURPOSES OF THIS SECTION, THE
ADMINISTRATOR SHALL CONSIDER EARNINGS DERIVED FROM
SELF-EMPLOYMENT, BUT ONLY TO THE EXTENT SUCH
EARNINGS ARE ACTUALLY RECEIVED OR PAYABLE WITH
RESPECT TO A GIVEN WEEK OF PARTIAL UNEMPLOYMENT.
Sec. 20. Subsection (b) of section 31-3h of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The duties and responsibilities of the
commission shall include: (1) Carrying out the
duties and responsibilities of a state job
training coordinating council pursuant to the
federal Job Training Partnership Act, 29 USC 1532,
as amended, A STATE HUMAN RESOURCE INVESTMENT
COUNCIL PURSUANT TO 29 USC 1501 ET SEQ., AS
AMENDED, and such other related entities as the
governor may direct; (2) reviewing all employment
and training programs in the state to determine
their success in leading to and obtaining the goal
of economic self-sufficiency and to determine if
they are serving the needs of Connecticut's
workers, employers and economy, and (3) developing
a plan for the coordination of all employment and
training programs in the state to avoid
duplication and to promote the delivery of
comprehensive, individualized employment and
training services. The plan shall contain the
commission's recommendations for policies and
procedures to enhance the coordination and
collaboration of all such programs and shall be
submitted to the governor for his approval not
later than June 1, 1990, and annually thereafter.
Sec. 21. (NEW) (a) Local and regional boards
of education, the regional vocational-technical
school system, and regional educational service
centers, in consultation with local employers,
labor organizations, community-based organizations
and institutions of higher education, may
establish programs leading to a Connecticut career
certificate in accordance with this section. Such
programs shall be approved by the commissioner of
education and the labor commissioner after review
and comment by the regional workforce development
board established pursuant to section 31-3k of the
general statutes, as amended by section 1 of
public act 93-134 for the region in which the
program is proposed to operate. Applications for
program approval shall be submitted to the
commissioner of education in such form and at such
time as he prescribes. All programs leading to a
Connecticut career certificate shall provide equal
access for all students and necessary
accommodations and support for students with
disabilities.
(b) Programs established pursuant to this
section may be offered for one or more years and
shall include:
(1) Not less than eighty hours of subject
matter instruction during any one year, in one of
the career clusters established pursuant to
subsection (d) of this section;
(2) Not less than one hundred eighty hours and
not more than three hundred sixty hours, during
any one year, of worksite experience, including
all major activities related to the career
cluster. Such work site experience shall be: (A)
Paid, except as provided in section 22 of this
act, (B) conducted in accordance with an
individualized written training and mentoring
plan, agreed to by the student, the principal of
the school in which the student is enrolled, or
his designee, and the employer, and (C) in
conformance with the requirements of section 24 of
this act; and
(3) Coordination of participating employers,
schools and students.
(c) Students in grades ten to twelve,
inclusive, and ungraded special education students
who are at least fifteen years of age and under
twenty-one years of age shall be eligible to
participate in such programs upon demonstration of
interest, entry level skills and such other
criteria as may be determined by the local or
regional board of education in consultation with
participating employers.
(d) For purposes of this section, "career
cluster" means a range of occupations which share
a set of skills and knowledge. Such skills and
knowledge shall include (1) academic skills
related to the type of employment, (2) general
workplace skills, (3) the history of the American
economy and the role of labor, business and
industry, (4) career guidance and information
about opportunities for effective transition to
post-secondary education. The commissioner of
education, in consultation with other state,
regional and local agencies, business and industry
and labor organizations, shall establish and
publish a list of state recognized career clusters
not later than September 1, 1994, and shall
establish skill standards for each career cluster
not later than November 1, 1994.
Sec. 22. (NEW) (a) Except for the provisions
of chapter 567 of the general statutes, all state
and federal laws and regulations relating to
employment, apprenticeship and occupational
licensing shall apply to students in a program
leading to a Connecticut career certificate
pursuant to section 21 of this act. Employers
found to be in violation of federal or state labor
law may be prohibited from participation in the
program.
(b) Students participating in such programs
shall not: (1) Replace any employee or cause any
reduction in hours of work, wages or employment
benefits of any employee of an employer
participating in the program or (2) be employed in
a job from which an employee of a participating
employer has been laid off and for which he
retains recall rights. No employer shall terminate
the employment of any of its employees or
otherwise reduce its workforce or work hours in
order to fill a vacancy so created with a student
participating in the program. The participation of
any employer who is a party to one or more
collective bargaining agreements covering work to
be performed by a student participating in the
program shall be conditioned on the written
concurrence of each labor organization that is a
party to such an agreement.
(c) The employment of students in programs
established pursuant to section 21 of this act
shall be paid employment, unless the labor
commissioner, or his designee, in consultation
with the commissioner of education, or his
designee, receives and approves a written request
from the principal of the school in which the
student is enrolled, or his designee, that such
employment not be paid because of worksite
experiences that are generally not paid
employment, such as community service activities.
The terms of compensation shall be (1) negotiated
between the employer and such principal, or his
designee, (2) accepted by the student, (3) based
on the nature of the work and the status of the
student-worker as a student, and (4) reasonable
for the actual work performed.
Sec. 23. (NEW) (a) The commissioner of
education and the labor commissioner shall jointly
issue a Connecticut career certificate to students
who successfully complete a program established
pursuant to section 21 of this act and demonstrate
satisfactory academic achievement in accordance
with such standards as may be adopted by the
commissioner of education.
(b) No less than one elective credit for
purposes of section 10-221a of the general
statutes, as amended by section 1 of public act
93-111, shall be awarded for each such program
which is successfully completed, provided more
than one elective credit may be awarded for a
program that is more extensive than the minimum
program described in subsection (b) of section 21
of this act.
Sec. 24. (NEW) (a) The commissioner of
education, in consultation with the commissioners
of labor, economic development and higher
education, shall, within the limits of available
appropriations, provide grants to local and
regional boards of education, the
vocational-technical school system and regional
educational service centers to support the
development and implementation of programs leading
to a Connecticut career certificate pursuant to
section 21 of this act.
(b) In awarding grants pursuant to this
section, the commissioner of education shall give
priority to interdistrict programs and programs
operated in priority school districts, as
described in section 10-266p of the general
statutes, as amended by section 4 of public act
93-145 and sections 13 and 14 of public act
93-263. Grant applications shall include
documentation of review and comment by the
regional workforce development board established
pursuant to section 31-3k of the general statutes,
as amended by section 1 of public act 93-134, for
the region in which the program is proposed to
operate.
(c) If the commissioner of education finds
that some or all of the amount of any grant
awarded pursuant to this section is used for
purposes which are not in conformity with sections
21 to 24, inclusive, of this act or is used to
reduce the local share of support for schools or
to supplant a previous source of funding, the
commissioner may require repayment of such grant
to the state.
(d) Each grant recipient shall submit to the
commissioner of education, at such time and in
such manner as he prescribes, a biennial program
evaluation report.
Sec. 25. (NEW) Each state agency which
provides a grant to create jobs or provide job
training shall, to the maximum extent feasible,
give priority in awarding such grants to employers
which establish programs leading to a Connecticut
career certificate pursuant to section 21 of this
act.
Sec. 26. (NEW) The state department of
education may retain up to one per cent of the
amount appropriated for programs established
pursuant to section 21 of this act for purposes of
administration and coordination, technical
assistance, information dissemination and program
evaluation.
Sec. 27. Section 31-23 of the general
statutes, as amended by section 9 of public act
93-381, is repealed and the following is
substituted in lieu thereof:
(a) No minor under sixteen years of age shall
be employed or permitted to work in any
manufacturing, mechanical, mercantile or
theatrical industry, restaurant or public dining
room, or in any bowling alley, shoe-shining
establishment or barber shop, provided the labor
commissioner may authorize such employment of any
minor between the ages of fourteen and sixteen who
is enrolled in (1) a public school in a work-study
program as defined and approved by the [state
board] COMMISSIONER of education and the labor
commissioner OR IN A PROGRAM ESTABLISHED PURSUANT
TO SECTION 21 OF THIS ACT or (2) a summer
work-recreation program sponsored by a town, city
or borough or by a human resources development
agency which has been approved by the labor
commissioner, or both, and provided the
prohibitions of this section shall not apply to
any minor over the age of fourteen who is under
vocational probation pursuant to an order of the
superior court as provided in section 46b-140 or
to any minor over the age of fourteen who has been
placed on vocational parole by the commissioner of
children and families.
(b) (1) Notwithstanding the provisions of
subsection (a) of this section, a minor who has
reached the age of fifteen may be employed or
permitted to work in any mercantile establishment,
from June 19, 1992, to September 30, 1997,
inclusive, as a bagger, cashier or stock clerk,
provided such employment shall be (A) limited to
periods of school vacation during which school is
not in session for five consecutive days or more;
(B) for not more than forty hours in any week; (C)
for not more than eight hours in any day; and (D)
between the hours of seven o'clock in the morning
and seven o'clock in the evening, except that from
July first to the first Monday in September in any
year, any such minor may be employed until nine
o'clock in the evening. (2) Each person who
employs a fifteen-year-old minor in any mercantile
establishment pursuant to this subsection shall
obtain a certificate stating that such minor is
fifteen years of age or older, as provided in
section 10-193. Such certificate shall be kept on
file at the place of employment and shall be
available at all times during business hours to
the inspectors of the labor department. (3) The
labor commissioner may adopt regulations, in
accordance with the provisions of chapter 54, as
he deems necessary to implement the provisions of
this subsection.
(c) No minor under the age of eighteen years
shall be employed or permitted to work in any
occupation which has been or shall be pronounced
hazardous to health by the department of public
health and addiction services or pronounced
hazardous in other respects by the labor
department. This section shall not apply to the
employment or enrolment of minors sixteen years of
age and over as apprentices in bona fide
apprenticeship courses in manufacturing or
mechanical establishments, vocational schools or
public schools, or to the employment of such
minors who have graduated from a public or private
secondary or vocational school, in any
manufacturing or mechanical establishment or to
the enrolment of such minors in a cooperative
work-study program approved by the [state board]
COMMISSIONER of education and the labor
commissioner OR IN A PROGRAM ESTABLISHED PURSUANT
TO SECTION 21 OF THIS ACT. No provision of this
section shall apply to agricultural employment,
domestic service, street trades or the
distribution of newspapers. For purposes of this
subsection, the term "cooperative work-study
program" means a program of vocational education,
approved by the [state board] COMMISSIONER of
education and the labor commissioner, for persons
who, through a cooperative arrangement between the
school and employers, receive instruction,
including required academic courses and related
vocational instruction by alternation of study in
school with a job in any occupational field,
provided these two experiences are planned and
supervised by the school and employers so that
each contributes to the student's education and to
his employability. Work periods and school
attendance may be on alternate half days, full
days, weeks or other periods of time in fulfilling
the cooperative work-study program.
(d) Each person who employs a minor under the
age of eighteen years shall obtain a certificate
stating the age of such minor as provided in
section 10-193. Such certificates shall be kept on
file at the place of employment and shall be
available at all times during business hours to
the inspectors of the labor department.
(e) Any person, whether acting for himself or
as an agent for another, who employs or authorizes
or permits to be employed any minor in violation
of this section shall be fined not more than one
hundred dollars.
Sec. 28. This act shall take effect July 1,
1994.