Bill Text: CT SB00213 | 2018 | General Assembly | Comm Sub

Connecticut Senate Bill 213 (Prior Session Legislation)

Bill Title: An Act Establishing The Apprenticeship And Employment Recruitment Authority.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-29 - File Number 134 [SB00213 Detail]

Download: Connecticut-2018-SB00213-Comm_Sub.html

General Assembly		*Substitute Bill No. 213*
*February Session, 2018*		_____SB00213HED___031918____

AN ACT ESTABLISHING THE APPRENTICESHIP AND EMPLOYMENT RECRUITMENT AUTHORITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2018) (a) There is hereby established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state established and created for the performance of an essential public and governmental function, to be known as the Apprenticeship and Employment Recruitment Authority. The authority shall not be construed to be a department, institution or agency of the state.

(b) (1) The powers of the authority shall be vested in and exercised by a board of directors, which shall consist of the following members:

(A) One member appointed by the Governor, who shall be knowledgeable and have a favorable reputation for skill, knowledge and experience in a high-growth, high-demand job in the state, such as finance, computer science, engineering, manufacturing, health care, insurance or biomedicine;

(B) One member appointed by the president pro tempore of the Senate, who shall be a representative of the labor community in the state;

(C) One member appointed by the minority leader of the Senate, who shall be a representative of the business community in the state;

(D) One member appointed by the speaker of the House of Representatives, who shall be a representative of the labor community in the state;

(E) One member appointed by the minority leader of the House of Representatives, who shall be a representative of the business community in the state;

(F) A representative from each regional workforce development board, established pursuant to section 31-3k of the general statutes, designated by each such board; and

(G) The Labor Commissioner, the Commissioner of Education, the superintendent of the Technical Education and Career System, the president of the Connecticut State Colleges and Universities, the president of The University of Connecticut, the executive director of the Connecticut Higher Education Supplemental Loan Authority and the president of the Connecticut Center for Advanced Technology, who shall serve as ex-officio, voting members and have all of the powers and privileges of a member of the board of directors. Each ex-officio member may designate his or her deputy or any member of his or her staff to represent him or her at meetings of the Apprenticeship and Employment Recruitment Authority with full power to act and vote on his or her behalf.

(2) The member appointed by the Governor shall serve at the pleasure of the Governor but not longer than the term of office of the Governor or until the member's successor is appointed and qualified, whichever is longer. Each member appointed by a member of the General Assembly shall serve in accordance with the provisions of section 4-1a of the general statutes. A member shall be eligible for reappointment. The Governor shall fill any vacancy for the unexpired term of a member appointed by the Governor. The appropriate legislative appointing authority shall fill any vacancy for the unexpired term of a member appointed by such authority. The Governor shall appoint a chairperson from among the board members.

(c) Except for the ex-officio members, members of the board of directors may not designate a representative to perform in their absence their respective duties under this section and sections 2 to 4, inclusive, of this act. The appointing authority for any member may remove such member for inefficiency, wilful neglect of duty, misfeasance or malfeasance.

(d) The chairperson shall, with the approval of the members of the board of directors, appoint an executive director of the authority who shall be an employee of the authority and paid a salary prescribed by the members. The executive director shall supervise the administrative affairs and technical activities of the authority in accordance with the directives of the board.

(e) Each member of the board of directors shall be entitled to reimbursement for such member's actual and necessary expenses incurred during the performance of such member's official duties.

(f) Members may engage in private employment or in a profession or business, subject to any applicable laws, rules and regulations of the state regarding official ethics or conflict of interest.

(g) Nine members of the board of directors of the authority shall constitute a quorum for the transaction of any business or the exercise of any power of the authority. For the transaction of any business or the exercise of any power of the authority and except as otherwise provided in this section and sections 2 to 4, inclusive, of this act, the authority may act by a majority of the members present at any meeting at which a quorum is in attendance.

(h) The authority shall continue as long as it has any obligations outstanding and until its existence is terminated by law, provided no such termination shall affect any outstanding contractual obligation of the authority and the state shall succeed to the obligations of the authority under any contract. Upon the termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state of Connecticut.

(i) It shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a member of the board of directors of the authority, provided such trustee, director, partner, officer or individual shall comply with all applicable provisions of chapter 10 of the general statutes.

Sec. 2. (NEW) (Effective July 1, 2018) (a) The purposes of the Apprenticeship and Employment Recruitment Authority shall be to (1) establish public-private partnerships that provide apprenticeship and work-based learning opportunities for high school and college students in high-growth, high-demand jobs throughout the state, (2) ensure, through such public-private partnerships, that students have access to the skills and knowledge they need for academic and financial success and that businesses have access to highly-trained talent, (3) support industry associations to define career paths, competencies and training, (4) provide business development and recruitment communication and awareness, (5) coordinate resources to develop tailored development pathways for apprentices, and (6) measure outcomes to ensure both student and employer benefits are realized.

(b) For the purposes described in subsection (a) of this section, the authority is authorized and empowered to:

(1) Have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) Adopt an official seal and alter the same at pleasure;

(3) Maintain an office at such place or places as it may designate;

(4) Sue and be sued in its own name, and plead and be impleaded;

(5) (A) Employ such assistants, agents and other employees as may be necessary or desirable who shall not be employees, as defined in subsection (b) of section 5-270 of the general statutes; (B) establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation, retirement and collective bargaining, which need not be in accordance with chapter 68 of the general statutes, and the authority shall not be an employer as defined in subsection (a) of section 5-270 of the general statutes; and (C) engage consultants, attorneys and appraisers as may be necessary or desirable to carry out its purposes in accordance with this section and sections 1, 3 and 4 of this act;

(6) Receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this section and sections 1, 3 and 4 of this act, subject to such conditions upon which such grants and contributions may be made, including, but not limited to, gifts or grants from any department, agency or instrumentality of the United States or this state for any purpose consistent with this section and sections 1, 3 and 4 of this act;

(7) Borrow money for the purpose of obtaining working capital;

(8) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this section and sections 1, 3 and 4 of this act, including contracts and agreements for such professional services as the authority deems necessary, including, but not limited to, financial consultants, underwriters and technical specialists;

(9) Acquire, lease, purchase, own, manage, hold and dispose of personal property and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes;

(10) Invest in, acquire, lease, purchase, own, manage, hold and dispose of real property and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to carrying out the purposes of this section and sections 1, 3 and 4 of this act, provided such transactions shall not be subject to approval, review or regulation by any state agency pursuant to title 4b of the general statutes or any other provision of the general statutes;

(11) Procure insurance against any liability or loss in connection with its property and other assets, in such amounts and from such insurers as it deems desirable and to procure insurance for employees;

(12) Account for and audit funds of the authority and funds of any recipients of funds from the authority;

(13) Hold patents, copyrights, trademarks, marketing rights, licenses or any other evidences of protection or exclusivity as to any products, as defined in this section and sections 1, 3 and 4 of this act, issued under the laws of the United States or any state or any nation;

(14) Establish advisory committees to assist in accomplishing its duties under this section and sections 1, 3 and 4 of this act, which may include one or more members of the board of directors and persons other than members; and

(15) Do all acts and things necessary or convenient to carry out the purposes of this section and sections 1, 3 and 4 of this act and the powers expressly granted by this section and sections 1, 3 and 4 of this act.

Sec. 3. (NEW) (Effective July 1, 2018) The members of the board of directors of the Apprenticeship and Employment Recruitment Authority shall adopt written procedures, in accordance with the provisions of section 1-121 of the general statutes, for: (1) Adopting an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect; (2) hiring, dismissing, promoting and compensating employees of the authority, including an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled; (3) acquiring real and personal property and personal services, including a requirement of board approval for any nonbudgeted expenditure in excess of an amount to be determined by the board; (4) contracting for financial, legal and other professional services, including a requirement that the authority solicit proposals at least once every three years for each such service which it uses; (5) awarding loans, grants and other financial assistance, including eligibility criteria, the application process and the role played by the authority's staff and board of directors; and (6) the use of surplus funds to the extent authorized under this section and sections 1, 2 and 4 of this act or other provisions of the general statutes.

Sec. 4. (NEW) (Effective July 1, 2018) (a) The Apprenticeship and Employment Recruitment Authority may establish or designate one or more subsidiaries for any of the purposes described in subsection (a) of section 2 of this act, or for such other purposes as prescribed by resolution of the authority's board of directors, which purposes shall be consistent with the purposes of the authority. Each subsidiary shall be deemed a quasi-public agency for purposes of chapter 12 of the general statutes. The authority may transfer to any such subsidiary any moneys and real or personal property. Each such subsidiary shall have all the privileges, immunities, tax exemptions and other exemptions of the authority. A resolution of the authority shall prescribe the purposes for which each subsidiary is formed.

(b) Each such subsidiary may sue and shall be subject to suit, provided the liability of each such subsidiary shall be limited solely to the assets, revenues and resources of such subsidiary and without recourse to the general funds, revenues, resources or any other assets of the authority or any other subsidiary. Each such subsidiary shall have the power to do all acts and things necessary or convenient to carry out the purposes for which such subsidiary is established, including, but not limited to: (1) Solicit, receive and accept aid, grants or contributions from any source of money, property or labor or other things of value, subject to the conditions upon which such grants and contributions may be made, including, but not limited to, gifts, grants or loans from any department, agency or quasi-public agency of the United States or the state, or from any organization recognized as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time; (2) enter into agreements with persons upon such terms and conditions as are consistent with the purposes of such subsidiary; and (3) acquire, take title, lease, purchase, own, manage, hold and dispose of real and personal property and lease, convey or deal in or enter into agreements with respect to such property.

(c) Each such subsidiary shall act through its board of directors, not less than fifty per cent of whom shall be members of the board of directors of the authority or their designees.

(d) The provisions of section 1-125 of the general statutes, as amended by this act, and this section shall apply to any officer, director, designee or employee appointed as a member, director or officer of any such subsidiary. Neither any such persons so appointed nor the directors, officers or employees of the authority shall be personally liable for the debts, obligations or liabilities of any such subsidiary as provided in section 1-125 of the general statutes, as amended by this act. Each subsidiary shall, and the authority may, provide for the indemnification to protect, save harmless and indemnify such officer, director, designee or employee as provided by section 1-125 of the general statutes, as amended by this act.

(e) The authority or any such subsidiary may take such actions as are necessary to comply with the provisions of the Internal Revenue Code of 1986, or any subsequent corresponding Internal Revenue Code of the United States, as amended from time to time, to qualify and maintain any such subsidiary as a corporation exempt from taxation under said Internal Revenue Code.

(f) The authority may make loans or grants to, and may guarantee specified obligations of, any such subsidiary, following standard authority procedures, from the authority's assets, provided the source and security, if any, for the repayment of any such loans or guarantees is derived from the assets, revenues and resources of such subsidiary.

Sec. 5. Subdivision (12) of section 1-79 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(12) "Quasi-public agency" means Connecticut Innovations, Incorporated, the Connecticut Health and Education Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the State Housing Authority, the Materials Innovation and Recycling Authority, the Capital Region Development Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Retirement Security Authority, the Connecticut Port Authority, [and] the State Education Resource Center and the Apprenticeship and Employment Recruitment Authority.

Sec. 6. Section 1-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

As used in sections 1-120 to 1-123, inclusive:

(1) "Quasi-public agency" means Connecticut Innovations, Incorporated, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Capital Region Development Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Retirement Security Authority, the Connecticut Port Authority, [and] the State Education Resource Center and the Apprenticeship and Employment Recruitment Authority.

(2) "Procedure" means each statement, by a quasi-public agency, of general applicability, without regard to its designation, that implements, interprets or prescribes law or policy, or describes the organization or procedure of any such agency. The term includes the amendment or repeal of a prior regulation, but does not include, unless otherwise provided by any provision of the general statutes, (A) statements concerning only the internal management of any agency and not affecting procedures available to the public, and (B) intra-agency memoranda.

(3) "Proposed procedure" means a proposal by a quasi-public agency under the provisions of section 1-121 for a new procedure or for a change in, addition to or repeal of an existing procedure.

Sec. 7. Section 1-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Connecticut Innovations, Incorporated, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Airport Authority, the Capital Region Development Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Retirement Security Authority, the Connecticut Port Authority, [and] the State Education Resource Center and the Apprenticeship and Employment Recruitment Authority shall not borrow any money or issue any bonds or notes which are guaranteed by the state of Connecticut or for which there is a capital reserve fund of any kind which is in any way contributed to or guaranteed by the state of Connecticut until and unless such borrowing or issuance is approved by the State Treasurer or the Deputy State Treasurer appointed pursuant to section 3-12. The approval of the State Treasurer or said deputy shall be based on documentation provided by the authority that it has sufficient revenues to (1) pay the principal of and interest on the bonds and notes issued, (2) establish, increase and maintain any reserves deemed by the authority to be advisable to secure the payment of the principal of and interest on such bonds and notes, (3) pay the cost of maintaining, servicing and properly insuring the purpose for which the proceeds of the bonds and notes have been issued, if applicable, and (4) pay such other costs as may be required.

(b) To the extent Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Connecticut Airport Authority, the Capital Region Development Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Retirement Security Authority, the Connecticut Port Authority, [or] the State Education Resource Center or the Apprenticeship and Employment Recruitment Authority is permitted by statute and determines to exercise any power to moderate interest rate fluctuations or enter into any investment or program of investment or contract respecting interest rates, currency, cash flow or other similar agreement, including, but not limited to, interest rate or currency swap agreements, the effect of which is to subject a capital reserve fund which is in any way contributed to or guaranteed by the state of Connecticut, to potential liability, such determination shall not be effective until and unless the State Treasurer or his or her deputy appointed pursuant to section 3-12 has approved such agreement or agreements. The approval of the State Treasurer or his or her deputy shall be based on documentation provided by the authority that it has sufficient revenues to meet the financial obligations associated with the agreement or agreements.

Sec. 8. Section 1-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

The directors, officers and employees of Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, including ad hoc members of the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Capital Region Development Authority, the Connecticut Airport Authority, the Connecticut Lottery Corporation, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Retirement Security Authority, the Connecticut Port Authority, [and] the State Education Resource Center and the Apprenticeship and Employment Recruitment Authority and any person executing the bonds or notes of the agency shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency, including ad hoc members of the Materials Innovation and Recycling Authority, be personally liable for damage or injury, not wanton, reckless, wilful or malicious, caused in the performance of his or her duties and within the scope of his or her employment or appointment as such director, officer or employee, including ad hoc members of the Materials Innovation and Recycling Authority. The agency shall protect, save harmless and indemnify its directors, officers or employees, including ad hoc members of the Materials Innovation and Recycling Authority, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee, including ad hoc members of the Materials Innovation and Recycling Authority, is found to have been acting in the discharge of his or her duties or within the scope of his or her employment and such act or omission is found not to have been wanton, reckless, wilful or malicious.

Sec. 9. (Effective July 1, 2018) Not later than January 1, 2020, the Apprenticeship and Employment Recruitment Authority shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor and public employees, in accordance with the provisions of section 11-4a of the general statutes. Such report shall (1) identify high-growth, high-demand jobs in the state in fields including, but not limited to, finance, computer science, engineering, manufacturing, health care, insurance and biomedicine; (2) identify the education and skill level requirements for such jobs; (3) analyze whether educational achievement and attainment trends of students in the state sufficiently satisfy the requirements of such jobs; (4) identify state-wide demographic trends in the workforce; (5) review similar apprenticeship programs being administered in other states, including, but not limited to, Colorado and Georgia, for the purpose of determining if such programs can be replicated in Connecticut; (6) analyze the feasibility of creating in-state partnerships that provide apprenticeship opportunities for such high-growth, high-demand jobs; (7) examine whether the existing apprenticeship program, as provided in chapter 557 of the general statutes, can be utilized or expanded to develop such partnerships; (8) identify any potential institutional or legal obstacles associated with the creation and implementation of such partnerships and apprenticeship opportunities; and (9) make any recommendations for statutory changes necessary to assist the authority carrying out its responsibilities for establishing such partnerships and apprenticeship opportunities.


This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2018	New section
Sec. 2	July 1, 2018	New section
Sec. 3	July 1, 2018	New section
Sec. 4	July 1, 2018	New section
Sec. 5	July 1, 2018	1-79(12)
Sec. 6	July 1, 2018	1-120
Sec. 7	July 1, 2018	1-124
Sec. 8	July 1, 2018	1-125
Sec. 9	July 1, 2018	New section