Article 1. Vocational Rehabilitation.
Chapter 15. Employment Services.
Sec. 23.15.010. Administration of vocational rehabilitation.
The commissioner shall administer the vocational rehabilitation program.
Sec. 23.15.020. Powers and duties of commissioner.
(a) The commissioner may cooperate with a federal agency, as provided and required by federal law for vocational rehabilitation.
(b) The commissioner shall comply with the federal laws and the conditions necessary to secure the full benefit of the federal vocational rehabilitation laws, and shall do all things necessary to entitle the state to receive the benefits of the federal laws.
(c) The commissioner may do all the things and adopt the regulations that are necessary to carry out the federal laws and the purposes of
AS 23.15.010 — 23.15.210.
Sec. 23.15.030. Appointment of administrative officers.
The commissioner may appoint administrative officers and delegate to them the authority necessary to carry out
AS 23.15.010 — 23.15.210.
Sec. 23.15.040. Division of vocational rehabilitation established.
The division of vocational rehabilitation is established under the commissioner to carry out
AS 23.15.010 — 23.15.210.
Sec. 23.15.050. Director of vocational rehabilitation.
The commissioner shall appoint a director of the division of vocational rehabilitation. The director has the administrative authority delegated by the commissioner and necessary to carry out
AS 23.15.010 — 23.15.210 and the regulations and policies adopted by the commissioner.
Sec. 23.15.060. Agreements under Social Security Act.
(a) The commissioner may enter into necessary agreements on behalf of the state with the Secretary of Health and Human Services to carry out the provisions of the federal Social Security Act, as amended, and as it is subsequently amended, relating to the making of determinations of disability under Title II and Title XVI of that Act.
(b) The Department of Revenue shall act as the custodian of funds paid by the federal government to the state, shall comply with agreements entered into under the Social Security Act, and shall disburse the funds in accordance with instructions from the director of the division of vocational rehabilitation.
Sec. 23.15.070. Personnel policies [Repealed, § 84 ch 58 SLA 1999.]
Sec. 23.15.080. Eligibility for vocational rehabilitation service.
(a) Vocational rehabilitation service shall be provided directly or through a public or private instrumentality to an individual with a disability who
(1) is a resident of the state at the time of application for the service and whose vocational rehabilitation the agency determines after full investigation can be satisfactorily achieved; or
(2) is eligible for the service under an agreement with another state or with the federal government.
(b) In determining the types and extent of vocational rehabilitation services to be provided to an individual with a disability, the agency shall take into consideration any similar benefits that may be available to the individual under other programs. However, the agency may not take other benefits into consideration when doing so would significantly delay the provision of needed services to the individual with a disability. The agency need not take other benefits into consideration when they are for
(1) diagnostic and related services, including transportation and subsistence in connection with those services;
(2) counseling, guidance, and referral;
(3) training, including personal and vocational adjustment training, and necessary training materials;
(4) services to members of families of individuals with disabilities;
(5) job placement; and
(6) services necessary to assist individuals with disabilities to maintain suitable employment.
Sec. 23.15.090. Priority as to eligibility.
If vocational rehabilitation service cannot be provided for all eligible individuals with disabilities who apply, the agency shall provide by regulation for determining the order to be followed in selecting those to whom the services will be provided.
Sec. 23.15.095. Gainful employment of individuals with disabilities.
(a) When providing vocational training, vocational rehabilitation, or employment placement of an individual with a disability, the agency's primary objective and preferred outcome is to help the individual become gainfully employed in an integrated workplace where individuals with disabilities work with and alongside of individuals without disabilities.
(b) By December 31 of each year, the commissioner shall provide to the Alaska Mental Health Trust Authority established by
AS 44.25.200 a report on the agency's progress toward the objective under (a) of this section.
(c) In this section, “gainfully employed” means employed full time or part time for compensation that is
(1) at or above the minimum wage; and
(2) not less than the compensation paid by the employer for the same or similar work performed by an individual who is not disabled.
Sec. 23.15.100. Powers and duties; vending facilities.
(a) In carrying out
AS 23.15.010 — 23.15.210, the agency shall
(1) take the action it considers necessary or appropriate to carry out the purposes of
AS 23.15.010 — 23.15.210 and adopt regulations in conformity with these purposes;
(2) determine the eligibility of applicants for vocational rehabilitation service;
(3) submit to the governor annual reports of activities and expenditures and, before each regular session of the legislature, estimates of sums required for carrying out
AS 23.15.010 — 23.15.210 and estimates of the amounts to be made available for this purpose from all sources;
(4) cooperate with public and private departments, agencies, and institutions in providing for the vocational rehabilitation of individuals with disabilities, studying the problems involved in providing this rehabilitation, and establishing, developing, and providing, in conformity with the purposes of
AS 23.15.010 — 23.15.210, the programs, facilities, and services that may be necessary or desirable;
(5) survey the potential for providing vending facilities on public property and, when feasible, establish vending facilities operated by blind persons and persons with severe disabilities on public property;
(6) license blind persons and persons with severe disabilities in accordance with
AS 23.15.133 for the operation of vending facilities on public property, with blind persons having first priority for operation of the vending facilities;
(7) provide the training and supervision necessary to enable blind persons and persons with severe disabilities to operate vending facilities;
(8) provide the equipment and initial stock necessary to enable blind persons and persons with severe disabilities to operate vending facilities.
(b) In carrying out
AS 23.15.010 — 23.15.210, the agency may
(1) enter into agreements with other states to provide for the vocational rehabilitation of residents of the states concerned;
(2) establish and operate rehabilitation facilities and workshops and make grants to public and other nonprofit organizations for these purposes;
(3) supervise the operation of vending stands and other small businesses established under
AS 23.15.010 — 23.15.210 to be conducted by individuals with severe disabilities;
(4) make studies, investigations, demonstrations, and reports, and provide training and instruction, including the establishment and maintenance of the research fellowships and traineeships with the stipends and allowances that are considered necessary, in matters relating to vocational rehabilitation; and
(5) adopt regulations necessary for carrying out the provisions of
AS 23.15.010 — 23.15.210.
Sec. 23.15.110. Extension of services outside state.
Vocational rehabilitation service may be extended to the continental United States to all individuals eligible under
AS 23.15.010 — 23.15.210. The director may place professional or clerical personnel or both inside the continental United States to carry out the purposes of
AS 23.15.010 — 23.15.210.
Sec. 23.15.120. Cooperation with federal government.
(a) The agency shall cooperate with the federal government in carrying out the purposes of federal laws pertaining to vocational rehabilitation, including the licensing of blind persons to operate vending stands on federal property, and may adopt the methods of administration that are found by the federal government to be necessary for the proper and efficient operation of agreements or plans for vocational rehabilitation. The agency may comply with the conditions that are necessary to obtain the full benefits of the federal laws for the state and its residents.
(b) Upon designation by the governor, the agency may perform functions and services for the federal government relating to individuals under a physical or mental disability, in addition to those provided in (a) of this section.
Sec. 23.15.125. Assistive technology loan guarantee and interest subsidy program.
Sec. 23.15.130. Vocational rehabilitation small business enterprise revolving fund.
(a) There is created in the state treasury a revolving fund designated as the vocational rehabilitation small business enterprise revolving fund. The fund shall be administered by the director.
(b) Receipts from the net proceeds of vending facilities on public property, other than vending facilities operated by a licensee, shall be paid into the fund.
(c) The commissioner of administration shall separately account for receipts under (b) of this section that are paid into the vocational rehabilitation small business enterprise revolving fund. The annual estimated receipts of the fund may be used by the legislature to make appropriations to the department to aid licensees in operating vending machine facilities.
(d) In this section “net proceeds” means the gross receipts from operating a vending facility less the costs of operation and a fair return to the operator, to be determined by the agency.
Sec. 23.15.132. Vending facilities.
(a) A vending facility may not be established on public property that is under the jurisdiction of the state except as authorized by the commissioner.
(b) A vending facility authorized by the commissioner shall be selected and located after consulting with the persons responsible for the maintenance and operation of the property to be served by the vending facility. A contract for the operation of the vending facility by a licensee shall be executed by the agency and must contain provisions ensuring that the licensee shall charge reasonable prices and that the vending facility shall provide high quality merchandise.
Sec. 23.15.133. Vendors' licenses.
(a) The agency shall issue a license for the operation of a vending facility on public property to a blind person or a person with a severe disability who is a resident of the state at the time of application and who qualifies for a license under
(1) 20 U.S.C. 107 — 107f (Randolph-Sheppard Act); or
(2) regulations adopted by the agency providing for licensing of blind persons or persons with severe disabilities.
(b) A license issued under this section does not expire. However, a license may be revoked if the agency finds that the licensee is not operating the facility in accordance with regulations adopted by the agency.
Sec. 23.15.134. Active participation by licensees with severe disabilities.
The agency shall adopt regulations that ensure the opportunity for active participation by a licensee with severe disabilities in the administration of vending facilities operated by licensees with severe disabilities. The opportunity for active participation provided under this section must be at least as extensive as the opportunity for active participation provided for a blind licensee under
AS 23.15.135.
Sec. 23.15.135. Committee of blind vendors.
(a) The Committee of Blind Vendors consisting of all blind licensees is established. The agency shall conduct a biennial election of a president, vice-president, secretary, and treasurer of the committee and may conduct elections to fill vacancies in office at any time.
(b) The commissioner shall assure active participation by the Committee of Blind Vendors in administrative, policy, and program development decisions concerning vending facilities operated by blind licensees. The agency shall, with active participation by the Committee of Blind Vendors,
(1) adopt regulations providing for the licensing of blind persons for the operation of vending facilities on public property;
(2) consider and respond to grievances of blind licensees;
(3) develop and administer a statewide system for the transfer and promotion of blind licensees;
(4) develop training and retraining programs for blind licensees and for blind persons interested in obtaining a license to operate a vending facility;
(5) organize meetings and conferences for blind licensees;
(6) adopt regulations necessary to assure that vending facilities operated by blind licensees are administered by the agency in a substantially equivalent manner whether a vending facility is located on state or federal property;
(7) designate public property as appropriate for the location of a vending facility operated by a blind licensee.
(c) To ensure the opportunity for active participation in decisions that affect the administration of vending facilities operated by blind licensees the agency shall, before each meeting of the Committee of Blind Vendors, provide the committee with written information on matters to be considered. The agency shall provide the committee with reasons in writing for decisions and actions of the agency that do not conform to recommendations submitted by the committee.
Sec. 23.15.136. Group insurance for certain licensees.
The agency shall purchase group insurance coverage under
AS 39.30.090 for licensees holding current operating agreements. The employer share of the insurance premium shall be paid from the vocational rehabilitation small business enterprise revolving fund.
Sec. 23.15.140. Vocational Rehabilitation Fund. [Repealed, § 2 ch 23 SLA 1968.]
Sec. 23.15.150. Custodian of funds.
The Department of Revenue is designated custodian of all vocational rehabilitation funds in the state.
Sec. 23.15.160. Gifts.
The commissioner may accept a gift or donation from a public or a private source that is offered unconditionally for carrying out
AS 23.15.010 — 23.15.210. The commissioner may accept a conditional gift if, in the judgment of the agency, the conditions are proper and consistent with
AS 23.15.010 — 23.15.210.
Sec. 23.15.170. Maintenance not assignable.
The right of an individual with a disability to maintenance under
AS 23.15.010 — 23.15.210 is not transferable or assignable at law or in equity.
Sec. 23.15.180. Hearings.
(a) An individual applying for or receiving vocational rehabilitation who is aggrieved by the action or inaction of the agency is entitled to a fair hearing by the agency, in accordance with regulations.
(b) A blind person or a person with a severe disability aggrieved by a decision or action of the agency under
AS 23.15.133 — 23.15.135 shall receive a hearing on request in accordance with
AS 44.62.330 — 44.62.630 (Administrative Procedure Act). A blind person may also file a complaint in accordance with 20 U.S.C. 107d-1 for arbitration of a grievance.
Sec. 23.15.190. Misuse of lists and records.
Except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, a person may not solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of a list of, names of, or information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly, derived from the records, papers, files, or communications of the state or an agency of the state, or acquired in the course of the performance of official duties. An officer or employee violating this provision is subject to discharge or suspension.
Sec. 23.15.200. Limitation on political activity.
An officer or employee engaged in the administration of the vocational rehabilitation program may not use official authority to influence or permit the use of the vocational rehabilitation program for the purpose of interfering with an election or affecting the results of an election or for a partisan political purpose. An officer or employee may not solicit or receive, and an officer or employee may not be obliged to contribute or render, a service, assistance, subscription, assessment, or contribution for a political purpose. An officer or employee violating this section is subject to discharge or suspension.
Sec. 23.15.210. Definitions.
In
AS 23.15.010 — 23.15.210,
(1) “active participation” means a process through which the Committee of Blind Vendors or a licensee is provided the opportunity to exert a major influence in program policies, standards, and procedures affecting the operation of vending facilities, with the commissioner having final responsibility;
(2) “agency” means the division of vocational rehabilitation;
(3) “blind person” means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of not greater than 20 degrees; an examination by an ophthalmologist or by an optometrist is necessary before a person is found to be blind;
(4) “director” means the director of the division of vocational rehabilitation;
(5) “individual having a physical or mental disability” means an individual who has a physical or mental condition that materially limits, contributes to limiting, or, if not corrected, will probably result in limiting the individual's activities or functioning;
(6) “individual with a disability” means an individual having a physical or mental disability that for that individual constitutes or results in a substantial barrier to employment and who can reasonably be expected to benefit in terms of employability from the provision of vocational rehabilitation services;
(7) “licensee” means a blind person or a person with a severe disability licensed by the division of vocational rehabilitation under 20 U.S.C. 107 — 107b and 107d — 107f (Randolph-Sheppard Act),
AS 23.15.133, and regulations adopted under federal or state law;
(8) “person with a severe disability” means a person who has one or more physical or mental disabilities that seriously limit the person's functional capacities in terms of regular employment and whose vocational rehabilitation requires multiple vocational rehabilitation services over an extended period of time;
(9) “public property” means real or personal property owned or leased by the state or federal government or an agency of the state or federal government;
(10) “vending facility” means a vending machine, cafeteria, snack bar, shelter, cart, or counter where food, tobacco, newspapers, periodicals, and other articles are offered for sale to the general public and dispensed automatically or manually whether prepared on or off the premises; and excludes a facility in a hospital, school, or other institution where food or other articles are offered for sale only to patients, inmates, and persons enrolled in or employed by the institution;
(11) “vocational rehabilitation service” means goods and services, including diagnostic and related services, necessary to enable an individual with a disability to engage in gainful employment;
(12) “workshop” means a rehabilitation facility engaged in a production or service operation that is operated for the primary purpose of providing gainful employment or professional services to persons with disabilities as an interim step in the rehabilitation process for those who cannot readily be absorbed in the competitive labor market or during times when employment opportunities for them in the competitive labor market do not exist.
Article 2. State Vocational Rehabilitation Committee.
Sec. 23.15.220. Purpose.
The purpose of
AS 23.15.220 — 23.15.320 is to create a State Vocational Rehabilitation Committee for Alaska to carry on a continuing program to promote the employment of people of the state with disabilities by creating statewide interest in the rehabilitation and employment of people with disabilities, and by obtaining and maintaining cooperation with public and private groups and individuals in this field.
Sec. 23.15.230. Appointment of committee.
The governor shall appoint the members of the State Vocational Rehabilitation Committee for staggered terms not exceeding three years. The composition of the committee must be consistent with the requirements of 29 U.S.C. 725 and 3003, as amended. A member may be reappointed, and a vacancy shall be filled by the governor.
Sec. 23.15.240. Selection and term of chair.
The members of the committee shall select a chair from among the voting members of the committee, subject to disapproval by the governor. The chair serves for one year or until a successor is selected.
Sec. 23.15.250. Compensation and expenses.
Members of the committee may receive no compensation for services on the committee but are entitled to reimbursement for necessary expenses in accordance with existing law.
Sec. 23.15.260. Meetings.
The committee shall meet four times a year, but, at the request of the governor, special meetings may be called. Meetings may be conducted telephonically.
Sec. 23.15.270. Cooperation with other committees and agencies.
The committee shall work in close cooperation with local committees and with the President's Committee on Employment of People with Disabilities to carry out the purpose of
AS 23.15.220 — 23.15.320 more effectively, and with state and federal agencies having responsibilities for employment and rehabilitation of people with disabilities.
Sec. 23.15.280. Appointment of advisors.
The division of vocational rehabilitation, the State Employment Service, the Department of Health, and other state agencies that the committee names shall each designate a staff member who shall meet with the committee and act in an advisory capacity. The federal Veterans Employment Service and the United States Department of Veterans Affairs shall each be invited to designate a member of their respective staffs to serve in this capacity with the committee. Agencies of the state shall provide the assistance to the committee that the committee requests to aid it in carrying out the purposes of
AS 23.15.220 — 23.15.320.
Sec. 23.15.290. Employ people with disabilities week.
Each year the governor shall issue a proclamation designating the first full week in October as Alaska Employ People with Disabilities Week. During this week, appropriate ceremonies shall be held throughout the state for the purpose of enlisting public support for, and interest in the employment of, people with disabilities. The mayors of cities, and heads of government instrumentalities, and leaders of industry and business, educational, and religious groups, labor, veterans, women, farm, scientific and professional, and all other interested organizations and individuals shall be invited to participate.
Sec. 23.15.300. Manner of handling funds.
Funds to carry out
AS 23.15.220 — 23.15.320 shall be appropriated, expended, and accounted for through the same procedures as funds for operation of the Department of Labor and Workforce Development.
Sec. 23.15.310. Gifts.
The committee may accept property by gift, devise, bequest, or otherwise to carry out the purposes of
AS 23.15.220 — 23.15.320.
Sec. 23.15.315. Fees.
(a) The committee may charge a fee for attendance at a conference, workshop, or similar event conducted by the committee, based on the estimated cost to the committee of organizing and holding the event.
(b) The receipt and expenditure by the committee of fees authorized by this section is subject to
AS 23.15.300.
Sec. 23.15.320. Annual report to governor.
The committee shall annually report its activities during the preceding year to the governor.
Article 3. Employment Agencies.
Sec. 23.15.330. Exemptions.
AS 23.15.330 — 23.15.520 do not apply to an educational, religious, charitable, fraternal, or benevolent organization that does not charge for services, or to a bona fide labor organization or a government agency.
Sec. 23.15.340. Permit.
In order to operate an employment agency, a person shall obtain a permit from the department. The permit shall be posted in a conspicuous place in the employment agency.
Sec. 23.15.350. Application.
To obtain a permit to operate an employment agency a person shall apply to the department on forms prescribed by the department. The application must include
(1) the name and address of the applicant and the street and number of the building or place where the business of the employment agency is to be conducted;
(2) the businesses or occupations engaged in by the applicant for at least two years immediately preceding the date of application; and
(3) the names and addresses of all persons financially interested in the operation of the agency.
Sec. 23.15.360. Bond.
The department may not issue a permit until the applicant furnishes a bond to the department in the amount and with surety that the department considers necessary. The amount of the bond may not be less than $1,000 nor more than $10,000. The bond shall be conditioned on the applicant's full compliance with the provisions and requirements imposed by
AS 23.15.330 — 23.15.520 and the payment of all judgments recovered against the applicant for violation of
AS 23.15.330 — 23.15.520 and any judgment and costs recovered against the applicant by a laborer, worker, or applicant for a position due to wilful misrepresentation or wilful deceit of a laborer or applicant for a position.
Sec. 23.15.370. Investigation of applicant.
Upon application for a permit, the department may make an investigation as to the character and responsibility of the applicant and the premises where the applicant proposes to conduct the business.
Sec. 23.15.380. Refusal of permit.
The department may, after notice and hearing, refuse to grant a permit where there is reasonable ground to believe that the applicant is of unfit moral character or is irresponsible. The department shall grant or refuse an application within 30 days of the date of filing.
Sec. 23.15.390. Term of permit; fees.
The fee for filing an application for a permit is $10. A permit is valid for a term of two years. The biennial fee for the issuance of a permit, including a renewal permit, is $100. All fees shall be deposited in the general fund. In addition to paying this fee, all persons conducting employment agencies shall comply with the provisions of
AS 43.70 (Alaska Business License Act).
Sec. 23.15.400. Renewal of permit.
Thirty days before the expiration of a permit the holder must apply for renewal of the permit in order to renew the permit. The application for renewal must contain all the information requested in the original application, brought up to date.
Sec. 23.15.410. Revocation or suspension of permit.
(a) The department may revoke or suspend a permit if
(1) the permittee or an agent of the permittee has violated or failed to comply with a provision of
AS 23.15.330 — 23.15.520;
(2) the permittee has stopped being of good moral character.
(b) Before revoking or suspending a permit, the department shall notify the holder in writing of the charges and provide the permittee an opportunity to be heard in person or by counsel.
Sec. 23.15.420. Limitations on conduct of employment agencies.
The department may not issue a permit to conduct an employment agency
(1) in rooms used for living purposes;
(2) in connection with a pool hall, bar, or intoxicating liquor dispensary, or recreation center operated for profit;
(3) to a person whose permit has been revoked within three years from the date of application;
(4) to a person who is financially interested in a travel agency or who in any way benefits financially from the sale of air, steamship, or bus transportation.
Sec. 23.15.430. Agency to maintain register.
An employment agency shall keep a register containing the name and address of each applicant, the date registered, and the amount of fee received.
Sec. 23.15.440. Records open to inspection.
All registers, books, records, and other papers kept under
AS 23.15.330 — 23.15.520 shall be open to the inspection of the department at all reasonable times. The agency shall furnish a copy of a record or report to the department within 30 days of the request.
Sec. 23.15.450. Applicant's receipt.
An agency shall give to an applicant for employment from whom a fee is to be received a receipt. The receipt must contain
(1) the name, address, and telephone number of the employment agency;
(2) the name of the applicant;
(3) the name and address of the person to whom the applicant is sent for employment, and the address to which the applicant is to report for work;
(4) the amount of the fee charged and collected from the applicant;
(5) the kind of work to be performed, the wages or salary, and other conditions of employment.
Sec. 23.15.460. Schedule of fees.
A person conducting an employment agency shall file a schedule of its fees with the department. The agency may change the fee schedule, but a change is not effective until seven days after it is filed with the department and until it is posted for not less than seven days in a conspicuous place in the agency. The agency shall post a copy of the fee schedule in the agency in a conspicuous place frequented by applicants for help or employment.
Sec. 23.15.470. Maximum fees.
After notice and hearing the department shall set a maximum schedule of fees. The department may review the schedule every two years after giving notice and hearing.
Sec. 23.15.480. Return of fees.
If the applicant paying a cash fee fails to obtain employment, the agency shall, upon demand, return the amount of the fee to the applicant within 48 hours.
Sec. 23.15.490. Prohibited acts.
An employment agency may not
(1) send out an applicant for employment without having a bona fide request from an employer;
(2) send a person to an employer for the purpose of assisting or conducting an illegitimate business or practice;
(3) place a child in employment in violation of the child labor laws;
(4) divide or offer to divide a fee with an employer;
(5) make a charge that does not conform with the schedule of fees;
(6) falsify a record of the agency;
(7) write, publish, or have published false, fraudulent, or misleading information, representation, notice, or advertisement concerning a job opportunity;
(8) send an applicant for employment to a place where a strike or lockout exists without informing the applicant of the existence of the strike or lockout.
Sec. 23.15.500. Department may adopt regulations.
The department may adopt regulations consistent with
AS 23.15.330 — 23.15.520.
Sec. 23.15.510. Violations.
A person who wilfully violates any provision of
AS 23.15.330 — 23.15.520 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both. However, this section does not apply to the violation of the requirement under
AS 23.15.390 to comply with
AS 43.70.
Sec. 23.15.520. Definitions.
In
AS 23.15.330 — 23.15.520,
(1) “employment agency” or “agency” means a person engaged in the business of furnishing employment or help, or giving information as to where employment or help may be obtained, or furnishing information regarding employment, or displaying an employment sign or bulletin, or, through the medium of a card, circular, or pamphlet, or otherwise offering to obtain employment or help, or a person who offers employment information through communications media, including, but not limited to, radio, television, and newspapers;
(2) “fee” means money or other valuable consideration received by a person, paid or promised to be paid for services given to or be given by a person conducting an employment agency.
Article 4. Alaska Workforce Investment Board.
Sec. 23.15.550. Alaska Workforce Investment Board.
(a) The Alaska Workforce Investment Board is established in the department. The board consists of the following voting members, not to exceed 26:
(1) the lieutenant governor or the lieutenant governor's designee;
(2) the commissioners of commerce, community, and economic development, education and early development, health, and labor and workforce development, or each respective commissioner's designee;
(3) one representative from the University of Alaska;
(4) four additional representatives of education, with one from local public education, one from secondary vocational education, one from a postsecondary vocational education institution, and one from adult basic education;
(5) four representatives of business and industry;
(6) four representatives of organized labor whom the governor shall appoint from lists of nominees submitted by recognized state labor organizations; the governor may reject a list submitted under this paragraph and request that another list be submitted;
(7) at least one representative from an organization representing employment and training needs of Alaska Natives;
(8) at least one representative of a community-based service organization;
(9) at least one representative who has personal or professional experience with developmental disabilities;
(10) at least one veteran; in this paragraph, “veteran” has the meaning given in
AS 43.20.048(f);
(11) at least one and up to four additional members of the private sector to ensure a private sector majority and regional and local representation on the board.
(b) Additional nonvoting members may be appointed to the board from government or nongovernment entities.
(c) A member of the board under (a) of this section may appoint a designee to serve in place of the member. The member shall appoint the designee in writing.
Sec. 23.15.555. Appointment and term of members.
(a) Members of the Alaska Workforce Investment Board other than those listed in
AS 23.15.550(a)(1) and (2) are appointed by the governor and serve at the pleasure of the governor. The governor may appoint one person to fill two or more of the places listed in
AS 23.15.550(a) if the person is qualified in all of the areas the person represents. A member appointed to fill more than one place under this subsection is entitled to only one vote and may appoint only one designee to replace the member in the event the member is unable to attend a meeting.
(b) The voting members of the board other than those listed in
AS 23.15.550(a)(1) and (2) serve for staggered four-year terms and may serve until a successor is appointed. An appointment to fill a vacancy shall be made in the same manner as the original appointment and for the balance of the unexpired term.
(c) The governor shall ensure that individuals appointed to the board have sufficient expertise to effectively carry out the duties of the board. Expertise of the board includes, where appropriate, knowledge of the long-term needs of individuals preparing to enter the work force; the needs of local, state, and regional labor markets; and the methods for evaluating the effectiveness of vocational training programs in serving varying populations.
Sec. 23.15.560. Compensation.
Members of the Alaska Workforce Investment Board listed in or appointed under
AS 23.15.550(a), including a designee of a member attending in place of the member, serve without compensation but are entitled to per diem and travel expenses authorized by law for boards and commissions under
AS 39.20.180. Nonvoting members of the board appointed under
AS 23.15.550(b) serve without compensation and are not entitled to per diem and travel expenses. A commissioner appointed under
AS 23.15.550(a)(2) or the commissioner's designee is entitled to per diem and travel expenses as a state employee.
Sec. 23.15.565. Officers.
The Alaska Workforce Investment Board shall elect a chair and a vice-chair from among the members listed in or appointed under
AS 23.15.550(a)(5). The chair and vice-chair serve in their positions at the pleasure of the board.
Sec. 23.15.570. Meetings, quorum, and committees.
(a) The Alaska Workforce Investment Board shall meet not more than three times in a calendar year at the call of the chair to conduct its business. A majority of the members listed in or appointed to the board under
AS 23.15.550(a) constitutes a quorum.
(b) The board shall establish an executive committee and four permanent standing committees as described in (c) — (g) of this section. The chair of a permanent standing committee must be from the private sector. The board may establish additional standing committees and special committees or subcommittees, not necessarily consisting of board members, to advise and assist the board in carrying out its functions assigned by federal or state statute. The permanent standing committees are
(1) the assessment and evaluation committee;
(2) the policy and planning committee;
(3) the employment and placement committee; and
(4) the workforce readiness committee.
(c) The executive committee consists of the chair and vice-chair of the board, the immediate past chair of the board, and the chairs of the four standing committees described in (d) — (g) of this section. The executive committee has the duties and may exercise the powers of the council between meetings of the board. The executive committee shall
(1) report to the board in a timely fashion on actions taken on behalf of the board; and
(2) supervise the affairs of the board between regular meetings of the board.
(d) The assessment and evaluation committee shall
(1) assess and evaluate programs, initiatives, and the delivery of services to help to ensure equitable distribution of quality education, training, and employment services statewide, especially to rural areas and to programs serving economically disadvantaged citizens;
(2) call for and monitor the workforce development system for increased accountability in performance and continuous quality improvement along the goals and strategies of the board's overall statewide strategic plan for workforce development;
(3) use evaluation and performance measures to gauge customer satisfaction within the workforce development system; and
(4) perform other duties assigned by the board.
(e) The policy and planning committee shall
(1) build policies regarding day-to-day operations and long-term responsibilities of the board;
(2) work to increase awareness of the board and its mission throughout the state;
(3) work with all other committees on a statewide strategic plan for workforce development; and
(4) perform other duties assigned by the board.
(f) The employment and placement committee shall
(1) ensure the statewide strategic plan for workforce development addresses
(A) customer needs at the local level;
(B) moving welfare recipients into the workforce;
(C) promoting the hiring of state residents in jobs that have traditionally been filled by out-of-state workers;
(D) tailoring employment and training programs to suit state business, industry, and economic development needs;
(2) monitor the coordination of service delivery to promote efficiency and to prevent overlap of services among programs; and
(3) perform other duties assigned by the board.
(g) The workforce readiness committee shall
(1) provide oversight for training, education, and employment programs to ensure the programs are delivering education and training that is relevant to local market needs and the career goals of state residents;
(2) build partnerships between employers and quality workforce training programs;
(3) work to connect the state public and private education systems with business, government, and labor to ensure that state residents are receiving workforce readiness skills throughout the education process; and
(4) perform other duties assigned by the board.
Sec. 23.15.575. Board as state planning entity.
The Alaska Workforce Investment Board shall act as the lead state planning and coordinating entity for state human resource programs administered under
(1) 29 U.S.C. 2801 — 2945 (Workforce Investment Act of 1998);
(2) 20 U.S.C. 2301 — 2471 (Carl D. Perkins Vocational and Applied Technology Education Act);
(3) 29 U.S.C. 49 — 49l-1 (Wagner — Peyser Act);
(4) federal law for work programs for needy families with children under the Social Security Act;
(5) the employment program established under 7 U.S.C. 2015(d)(4) (Food Stamp Act of 1977);
(6) all federal programs designated as successors to the programs listed in (1) — (5) of this section; and
(7) all state laws involving employment training, vocational education, and workforce development.
Sec. 23.15.580. Functions of the board.
(a) As the lead state planning and coordinating entity, the Alaska Workforce Investment Board has responsibility, to the extent authorized by federal and state law, for planning and coordinating federal, state, and local efforts in human resource programs in this state related to employment training, including the work activities of the Alaska temporary assistance program under
AS 47.27.
(b) The board shall
(1) facilitate the development of statewide policy for a coordinated and effective employment training and education system in this state;
(2) identify the human resource investment needs in the state and develop a plan to meet those needs;
(3) review the provision of services and the use of money and resources by the human resource programs listed in
AS 23.15.575;
(4) assume the duties and functions of the state boards described under the laws relating to the federal human resource programs listed in
AS 23.15.575;
(5) advise the governor, state and local agencies, the University of Alaska, and other training entities on the development of state and local standards and measures relating to applicable human resource programs;
(6) submit, to the governor and the legislature, a biennial strategic plan to accomplish the goals developed to meet human resource investment needs;
(7) monitor for the implementation and evaluate the effectiveness of the strategic plan developed by the board;
(8) adopt regulations that set standards for the percentage of program expenses that may be used for administrative costs; the regulations must clearly identify and distinguish between program expenses that may be included in administrative costs and those that may not be included in administrative costs; the percentage allowed for administrative costs may not exceed the lesser of 20 percent of program expenses in the prior fiscal year or the amount permitted under the requirements of a federal program, if applicable;
(9) report annually to the legislature, by the 30th day of the regular legislative session, on the performance and evaluation of training programs in the state subject to review under (f) of this section;
(10) identify ways for agencies operating programs subject to oversight by the board to share resources, instructors, and curricula through collaboration with other public and private entities to increase training opportunities and reduce costs;
(11) adopt regulations under
AS 44.62 (Administrative Procedure Act) to carry out the purposes of
AS 23.15.550 — 23.15.585; and
(12) perform duties assigned in
AS 23.15.620 — 23.15.660 for the state training and employment program.
(c) The board may receive money designated for human resource programs and may disburse money, including grants, to human resource projects in accordance with
AS 37.07 (Executive Budget Act). The board may enter into partnership agreements through appropriate administrative agencies with private industry training entities within the state in order to facilitate the coordination of training opportunities.
(d) The board shall provide oversight for the planning and coordination of employment-related education training programs operated by the state or operated under contract with the state that are described in (f) of this section. The board shall require a training program listed in (f) of this section to meet the requirements of this subsection. The board shall, by regulation, establish appropriate penalties for programs that fail to meet the requirements of this subsection. The board may recommend to the legislature changes to enhance the effectiveness of the training programs it oversees under this section. A training program described in (f) of this section funded with money appropriated by the legislature must
(1) meet the standards adopted by the board concerning the percentage of a grant that may be spent on administrative costs;
(2) be operated by an institution that holds a valid authorization to operate issued under
AS 14.48 by the Alaska Commission on Postsecondary Education if the program is a postsecondary educational program operated by a postsecondary educational institution subject to regulation under
AS 14.48;
(3) provide to the Department of Labor and Workforce Development the information required by the department for the preparation of the statistical information necessary for the board to evaluate programs by the standards set out in (e) of this section.
(e) The board shall develop standards that encourage agencies to contract for training programs that meet local demands and maximize the use of resources. The board shall adopt standards for the evaluation of training programs listed in (f) of this section with regard to the following:
(1) the percentage of former participants who have a job one year after leaving the training program;
(2) the median wage of former participants seven to 12 months after leaving the program;
(3) the percentage of former participants who were employed after leaving the training program who received training under the program that was related to their jobs or somewhat related to their jobs seven to 12 months after leaving the training program;
(4) the percentage of former participants of a training program who indicate that they were satisfied with or somewhat satisfied with the overall quality of the training program;
(5) the percentage of employers who indicate that they were satisfied with the services received through the workforce development system.
(f) The following training programs are subject to the provisions of (d) and (e) of this section:
(1) in the Department of Labor and Workforce Development or operated by the department:
(A) programs under 29 U.S.C. 2801 — 2945 (Workforce Investment Act of 1998), assisting communities in moving toward a self-sustainable economy and providing training;
(B) the state training and employment program under
AS 23.15.620 — 23.15.660;
(C) employment-related adult basic education;
(D) employment training services operated as part of the Alaska temporary assistance program (ATAP);
(E) unemployment insurance grants provided under the federal training relocation assistance program;
(F) Alaska works programs, assisting with the welfare-to-work program;
(G) Kotzebue Technical Center;
(H) Alaska Vocational Technical Center;
(2) in the Department of Education and Early Development or operated by the department, the non-public-school portions of the
(A) vocational education and technical preparation program; and
(B) Alaska Career Information System.
(g) The board shall assess the programs listed in this subsection and make recommendations to the legislature in its report required under (b)(9) of this section about whether to include one or more of these programs under the requirements of (f) of this section:
(1) in the Department of Commerce, Community, and Economic Development or operated by the department:
(A) local government assistance training and development, including the rural utility business advisory program;
(B) energy operations, providing training in management and administration of electric utilities and bulk fuel storage systems;
(2) in the Department of Corrections:
(A) Correctional Academy, training individuals applying for a correctional officer position;
(B) inmate programs, providing vocational technical training and education courses for inmates preparing to be released from a correctional facility;
(C) employment of prison inmates, providing inmates with jobs while they are incarcerated;
(3) in the Department of Environmental Conservation:
(A) remote maintenance worker program, providing training and technical assistance to communities to keep drinking water and sewage disposal systems running, and providing on-the-job training to local operators;
(B) water and wastewater operator training and assistance;
(C) federal drinking water operator training and certification;
(4) in the Department of Military and Veterans' Affairs: educational benefits for members of the Alaska National Guard and the Alaska Naval Militia;
(5) in the Department of Public Safety:
(A) fire service training to maintain emergency training skills for existing firefighter staff and volunteers and individuals interested in becoming firefighters;
(B) Public Safety Training Academy, training trooper recruits;
(6) in the Department of Transportation and Public Facilities:
(A) engineer-in-training program, providing on-the-job training for apprentice engineers to enable them to gain the experience necessary to be certified;
(B) statewide transportation improvement program, offered by the United States National Highway Institute;
(C) local technical assistance program, transferring technical expertise to local governments;
(D) Native technical assistance program, transferring technical expertise to Native governments;
(E) border technology exchange program, to coordinate highway issues with the Yukon Territory;
(7) in the Department of Labor and Workforce Development: vocational rehabilitation client services and special work projects, employment services, including job development, assisting individuals in finding employment, and assisting employed individuals in finding other employment.
(h) The University of Alaska shall evaluate the performance of its training programs using the standards set out in (e) of this section and shall provide a report on the results to the board for inclusion in the board's annual report to the legislature.
(i) The board shall review each program listed in (f) of this section to determine whether it is in compliance with the standards set out in (d) and (e) of this section. If the board finds that a program has failed to comply with the standards set out in (d) and (e) of this section, it shall notify the program director of the failure. If the program director fails to improve the performance of the program within a reasonable time, the board shall notify the governor and the Legislative Budget and Audit Committee that the program is out of compliance. A contract entered into by a state agency relating to a training program set out in (f) of this section must contain terms consistent with this section.
(j) A department that operates or contracts for a training program listed in (f) of this section shall pay to the board a management assessment fee not to exceed .75 percent of the program's annual operating budget. The total amount received as management assessment fees may not exceed the board's authorized budget for the fiscal year. The board shall, by regulation, establish a method to determine annually the amount of the management assessment fee. If the amount the board expects to collect under this subsection exceeds the authorized budget of the board, the board shall reduce the percentages set out in this subsection so that the total amount of the fees collected approximately equals the authorized budget of the board for the fiscal year. The board shall adopt regulations under
AS 44.62 (Administrative Procedure Act) necessary to administer this subsection.
(k) Upon the enactment of a new federal or state program relating to work force development, the board shall
(1) advise the governor and the legislature on whether the board should provide oversight for the new program under this section; and
(2) make recommendations necessary to streamline and coordinate state efforts to meet the guidelines of the new program.
(l) For purposes of this section, “program”
(1) does not refer to the overall activities of an individual institution or individual fields of study or courses that are not associated with programs for which the board has oversight responsibility;
(2) may include a certificate or associate degree course or a course that is not for credit, whether it is offered by a public or private institute or contracted for by the private sector, so long as it is related to employment.
Sec. 23.15.585. Administration.
(a) The governor shall appoint the executive director for the Alaska Workforce Investment Board. The department shall provide professional, technical, and administrative staff for the Alaska Workforce Investment Board.
(b) Subject to legislative appropriations, and in accordance with
AS 37.07 (Executive Budget Act), the board's budget is funded from programs for which the board is the lead state planning and coordinating entity under
AS 23.15.575.
Sec. 23.15.610. Participation in Manpower Development and Training Act. [Repealed, § 1 ch 103 SLA 1968.]
Sec. 23.15.611. Department participation in manpower training programs. [Repealed, § 84 ch 58 SLA 1999.]
Sec. 23.15.614. Manpower training division. [Repealed, § 84 ch 58 SLA 1999.]
Sec. 23.15.617. Manpower Training Advisory Council. [Repealed, § 2 ch 174 SLA 1975.]
Article 5. State Training and Employment Program.
Sec. 23.15.620. State training and employment program.
(a) A program is created in the department to provide grants to eligible persons who provide training and employment assistance services. The purpose of the program is to enhance the quality of in-state job training and employment assistance and to make in-state job training and employment assistance more easily available to employers, employees, and future employees. To foster the success of the program, the department shall, to the greatest extent feasible, combine the resources of the program with resources available outside of the program.
(b) A person who provides training and employment services may apply for a grant from the program and may use the grant to augment or improve public access to the training and employment services provided, including a registered apprenticeship program under 29 U.S.C. 50.
Sec. 23.15.625. Employment assistance and training program account.
The employment assistance and training program account is established in the general fund. The commissioner of administration shall separately account for money collected under
AS 23.15.630 that the department deposits in the general fund. The annual estimated balance in the account may be appropriated by the legislature to the department to implement
AS 23.15.620 — 23.15.660. The legislature may appropriate the lapsing balance of the account to the unemployment compensation fund established in
AS 23.20.130.
Sec. 23.15.630. Special employee unemployment credit and contributions for program.
(a) In the manner provided in
AS 23.20, the department shall collect from each employee an amount equal to one-tenth of one percent of the wages, as set out in
AS 23.20.175, on which the employee is required to make contributions under
AS 23.20.290(d). The department shall remit to the Department of Revenue, in accordance with
AS 37.10.050, money collected under this subsection.
(b) Notwithstanding
AS 23.20.290(d), the department shall credit each employee with an amount equal to the amount collected from the employee under (a) of this section against unemployment contributions owed by the employee under
AS 23.20.
(c) The department shall assess and collect, under
AS 23.20.185 — 23.20.275, interest and penalties for delinquent reports and payments due under this section. Interest and penalties collected shall be handled in accordance with
AS 23.20.130(d).
Sec. 23.15.635. People to be served.
Within the limits of its grant, an employment assistance and training entity receiving a grant under
AS 23.15.620 — 23.15.660 shall provide services set out in
AS 23.15.641 to state residents who, immediately before beginning training or receiving benefits under a grant financed by this program,
(1) are unemployed and
(A) are receiving unemployment insurance benefits; or
(B) have exhausted the right to unemployment insurance benefits within the past three years; or
(2) are employed, but liable to be displaced because of
(A) reductions in overall employment within a business;
(B) elimination of the worker's current job; or
(C) a change in conditions of employment requiring that, to remain employed, the employee must learn substantially different skills that the employee does not now possess.
Sec. 23.15.636. Implementation of program.
The department and the board shall jointly implement the program as follows:
(1) after review and approval by the board, the department shall adopt regulations under
AS 44.62 (Administrative Procedure Act) to implement
AS 23.15.620 — 23.15.660 and to regulate the distribution and accounting of grants awarded under the program;
(2) the department may use financial resources of the program to cover some or all of the department's cost of administering the program and may also distribute financial resources of the program through grants, the purchase of services or other contracts, or other mechanisms authorized by state law;
(3) the department may enter into interagency agreements with the University of Alaska and other state agencies for the provision of training and employment assistance under the program;
(4) after annual review and approval by the board, the department shall annually establish priorities for the provision of training and employment assistance services under
AS 23.15.641 to eligible participants under
AS 23.15.643; in setting priorities, the department shall consider unemployment statistics, unemployment insurance claims, projections of occupational and industrial workforce demand, availability of other training and employment assistance programs, available funding, and other relevant information; when awarding or financing grants under the program, the department may give preference to financing projects and services that train or assist individuals in vocations, businesses, or industries identified in the resident hire report required under
AS 36.10.130 as employing a disproportionate percentage of nonresident individuals;
(5) the board shall assist in the evaluation of proposals for grants and make recommendations to the department regarding which grants should be awarded by the program; the department may distribute financial resources of the program to the board to pay for some or all of the board's costs, existing or anticipated, that are related to evaluating or awarding proposed grants or grants that have been awarded.
Sec. 23.15.640. Services for eligible people; repayment. [Repealed, § 8 ch 36 SLA 2009.]
Sec. 23.15.641. Eligibility of grantees; use of assistance received.
(a) To be eligible for a grant to help cover the cost of providing training and employment assistance, a person shall
(1) meet or exceed the requirements of
AS 23.15.620 — 23.15.660 and regulations adopted under
AS 23.15.620 — 23.15.660;
(2) offer training or employment assistance services that meet the requirements of regulations adopted under
AS 23.15.620 — 23.15.660;
(3) be a governmental agency, a private business, an employer, or an organization exempt from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code); and
(4) demonstrate to the satisfaction of the department and the board that
(A) the person's accounting system is organized and maintained in accordance with generally accepted accounting principles, promotes efficiency, ensures compliance with program requirements, and can be audited at the department's direction with not more than a reasonable amount of effort and expense; and
(B) grants awarded under the program will be used only as allowed under
AS 23.15.620 — 23.15.660.
(b) A recipient of a grant awarded under the program may use the grant to provide any of the following training and employment assistance services to eligible participants:
(1) industry-specific training;
(2) on-the-job training, including apprentice training in a registered apprenticeship program under 29 U.S.C. 50;
(3) institutional or classroom job-linked training;
(4) support services, including financial allowances and relocation expenses that the department determines are reasonably necessary to enable an eligible participant to receive training and employment assistance;
(5) assistance considered necessary to help an eligible participant obtain or retain a job for which training and employment assistance provided under the program has prepared the eligible participant;
(6) purchases of basic tools, work clothing, safety gear, or other items the eligible participant needs to obtain or retain a job for which training and employment assistance provided under the program has prepared the eligible participant;
(7) other costs the department determines are necessary to pay in order that an eligible participant can receive training or employment assistance or obtain or retain a job for which the training and employment assistance provided under the program has prepared the eligible participant.
(c) The department may allow payment for items described in (b) of this section if the department determines that alternative sources of financing have been exhausted or are unavailable to the eligible participant or that a grant from the program is otherwise required so that, when combined with other available financing, the grant will enable an eligible participant to receive training or employment assistance approved by the department.
Sec. 23.15.643. Eligibility of program participants.
The department and a person awarded a grant under the program may use the grant only to provide training and employment assistance services to eligible participants. To be an eligible participant, the person may be employed or employable and shall, at the time of application for training or employment assistance under the program,
(1) be a resident of the state;
(2) have worked in a position covered by
AS 23.20, or similar provisions in another state, at any time during the five years immediately preceding the application; and
(3) need training to improve the person's prospects for obtaining or retaining employment.
Sec. 23.15.645. Duties and powers of the department. [Repealed, § 8 ch 36 SLA 2009.]
Sec. 23.15.650. Work Incentive Program for Welfare Recipients. [Repealed, § 7 ch 128 SLA 1990.]
Sec. 23.15.651. Duties of Alaska Workforce Investment Board; grants; eligible entities. [Repealed, § 8 ch 36 SLA 2009.]
Sec. 23.15.652. Program accountability.
(a) The department and a person who is awarded a grant to provide training and employment assistance services under the program shall comply with state and federal laws and maintain records, including accounting records, as required by those laws.
(b) The department may allocate or authorize the expenditure of not more than 20 percent of the amount appropriated to the program for a fiscal year to pay for administration of the program by the department and the board.
(c) The department shall annually prepare and present to the board a report concerning the program and notify the legislature that the report is available.
Sec. 23.15.654. Appeals.
The department shall adopt regulations that provide for an appeal of a denial of a grant application under
AS 23.15.620 — 23.15.660.
Sec. 23.15.660. Definitions.
In
AS 23.15.620 — 23.15.660,
(1) “board” means the Alaska Workforce Investment Board established in
AS 23.15.550;
(2) “program” means the state training and employment program established in
AS 23.15.620 — 23.15.660.
Secs. 23.15.700 — 23.15.810. Business incentive training program. [Repealed, § 6 ch 49 SLA 2003.]
Article 6. Alaska Technical and Vocational Education.
Sec. 23.15.820. Powers and duties of the Alaska Workforce Investment Board.
(a) The Alaska Workforce Investment Board shall
(1) administer the Alaska technical and vocational education program established in
AS 23.15.820 — 23.15.850;
(2) facilitate the development of a statewide policy for a coordinated and effective technical and vocational education training system in this state and, to the extent authorized by federal and state law, plan and coordinate federal, state, and local efforts in technical and vocational education programs;
(3) adopt regulations under
AS 44.62 (Administrative Procedure Act) to carry out the purposes of
AS 23.15.820 — 23.15.850;
(4) facilitate the development and implementation of a statewide policy and procedure that provides for the acceptance of credit or hours toward a degree or technical program offered by a vocational or technical training center in the state for an applicant who provides satisfactory evidence of successful completion of relevant military education, training, or service as a member of the armed forces of the United States, the United States Reserves, the National Guard of any state, the Military Reserves of any state, or the Naval Militia of any state.
(b) The board may
(1) receive money designated for technical and vocational education programs and may disburse money, including grants, to technical and vocational education projects in accordance with
AS 37.07 (Executive Budget Act);
(2) enter into partnership agreements through appropriate administrative agencies with private industry training entities within the state in order to facilitate the coordination of training opportunities; and
(3) recommend to the legislature changes to enhance the effectiveness of the training programs it oversees under this section.
Sec. 23.15.830. Alaska technical and vocational education program account.
The Alaska technical and vocational education program account is established in the general fund. The commissioner of administration shall separately account for money collected under
AS 23.15.835 that the department deposits in the general fund. The legislature may appropriate the annual estimated balance in the account to the board to implement
AS 23.15.820 — 23.15.850. The legislature may appropriate the lapsing balance of the account to the unemployment compensation fund established in
AS 23.20.130.
Sec. 23.15.835. Special employee unemployment contributions for program.
(a) In the manner provided in
AS 23.20 and for the benefit of the program, the department shall collect from each employee an amount equal to .25 percent of the wages, as set out in
AS 23.20.175, on which the employee is required to make contributions under
AS 23.20.290(d). The department shall remit to the Department of Revenue, in accordance with
AS 37.10.050, money collected under this subsection.
(b) Notwithstanding
AS 23.20.290(d), the department shall credit each employee with an amount equal to the amount collected from the employee under (a) of this section against unemployment contributions owed by the employee under
AS 23.20.
(c) The Department of Labor and Workforce Development shall assess and collect, under
AS 23.20.185 — 23.20.275, interest and penalties for delinquent reports and payments due under this section. Interest and penalties collected shall be handled in accordance with
AS 23.20.130(d).
(d) The money collected under this section or otherwise appropriated to the Alaska Workforce Investment Board shall be allocated directly in the following percentages to the following institutions for programs consistent with
AS 23.15.820 — 23.15.850 and capital improvements:
University of Alaska25 percent
University of Alaska Southeast 5 percent
Galena Interior Learning Academy4 percent
Alaska Technical Center9 percent
Alaska Vocational Technical Center17 percent
Northwestern Alaska Career and Technical Center4 percent
Southwest Alaska Vocational and Education Center4 percent
Yuut Elitnaurviat, Inc. People's Learning Center9 percent
Partners for Progress in Delta, Inc.3 percent
Ilisagvik College6 percent
Prince of Wales Community Learning Center 5 percent
Sealaska Heritage Institute, Inc. 2 percent
Fairbanks Pipeline Training Center 7 percent.
(e) The institutions receiving funding under (d) of this section shall provide an expenditure and performance report to the department by November 1 of each year that includes
(1) the percentage of former participants in the program who have jobs one year after leaving the program;
(2) the median wage of former participants seven to 12 months after leaving the program;
(3) the percentage of former participants who were employed after leaving the program who received training under the program that was related or somewhat related to the former participants' jobs seven to 12 months after leaving the program;
(4) a description of each vocational education course funded through the allocation set out in (d) of this section that permits high school students to earn dual credit upon course completion, and the number of high school students who earned dual credit in the past year;
(5) a copy of any articulation agreement established under (g) of this section that either was in effect for the preceding year or is in process for the next year of funding, and the number of high school students who earned dual credit under each articulation agreement; and
(6) the performance and financial information needed to verify the performance of the program as specified by the department by regulation.
(f) The department shall prepare and present an expenditure and performance report based on the information provided under (e) of this section to the legislature not later than the 15th day of each regular legislative session.
(g) The institutions receiving funding under (d) of this section shall establish and maintain at least one articulation agreement under which dual credit may be earned by high school students upon completion of a vocational education course.
(h) An institution's failure to comply with (e) or (g) of this section shall result in a withholding penalty of 20 percent of the funding allocated under (d) of this section in the following year.
Sec. 23.15.840. Grants for technical and vocational education.
Sec. 23.15.850. Definitions.
In
AS 23.15.820 — 23.15.850,
(1) “articulation agreement” means a dual-credit partnership between a school district and an institution receiving funding under
AS 23.15.835(d) that describes vocational education courses, student eligibility, course location, academic policies, student support services, credit on a student's transcript, funding, and other items required by the partnering institutions;
(2) “board” means the Alaska Workforce Investment Board;
(3) “dual credit” means simultaneous high school credit and credit toward a career or vocational certification.
(4) “program” means the Alaska technical and vocational education program established in
AS 23.15.820 — 23.15.850.