The board shall coordinate all resources available for the promotion of job development, job training, and job retraining in the state, including, but not limited to, secondary, postsecondary, and out-of-school or on-site work programs, and shall make available this and any other information relating to occupational education.
Source: L. 67: p. 443, � 16. C.R.S. 1963: � 124-26-24.
23-60-306. Colorado customized training program - creation - policy - functions of the state board for community colleges and occupational education - report. (1) This section shall be known and may be cited as the Colorado Customized Training Act.
(2) (a) The general assembly hereby finds and declares:
(I) That it is the policy of this state to encourage quality economic development by providing incentives for the location of new industries or the expansion of existing firms, thereby improving employment opportunities for the citizens of this state; that skilled labor availability is a key element in new or expanding company plant location or expansion decisions; and that, during site selection negotiations, the ability to guarantee a trained local work force to match the new or expanding company's specific job skill needs is crucial to the improvement of the economic development capabilities of this state and for competition with other states offering similar programs; and
(II) That fast-track training, involving highly intensive, short-duration skill training for specific jobs, is necessary to provide the unemployed and underemployed with an economic development training program to allow them to compete for newly created jobs, and that job-specific, start-up training provides job-seekers with the skills necessary to increase their productivity, to increase their wages, and to reduce their need for public support.
(b) Therefore, it is hereby declared to be the policy of this state to promote the health, safety, opportunity for gainful employment, business opportunities, increased productivity, and general welfare of the inhabitants of this state by the creation of the Colorado customized training program.
(3) (a) There is hereby created the Colorado customized training program within the board. Except as otherwise provided in subsection (6) of this section, said program shall be operated as a joint effort with the department of local affairs and in cooperation with the department of labor and employment, the department of human services, and state and local education agencies.
(b) Training for new jobs may include any of the following or any combination thereof:
(I) Preemployment training of workers;
(II) Training of workers upon first being hired;
(III) Retraining of workers for new job openings when they have lost their previous jobs because of plant closings or have been displaced by technological changes.
(c) Training shall not be provided by the Colorado customized training program when a trained and experienced work force, seeking employment, already exists in the local labor market.
(d) Training shall be initiated by the Colorado customized training program only when the participating new or expanding company has identified specific job openings and has agreed to give any graduates of the Colorado customized training program hiring priority.
(e) The payment of all direct costs of the training programs specified in paragraph (b) of this subsection (3) shall be made from moneys available for the Colorado customized training program. Direct costs shall include:
(I) Instructor wages, travel, and per diem allowances;
(II) Lease of training equipment;
(III) Lease of training space;
(IV) Purchase of training supplies;
(V) Development of instructional materials; and
(VI) Administrative costs directly associated with each training session.
(f) Moneys of the Colorado customized training program shall not be used to pay wages or stipends to trainees during a training session.
(g) Any training session sponsored by the Colorado customized training program shall last no longer than the time required to provide local workers with specific job skills required by a participating firm.
(h) The board and the department of local affairs shall work with business and industry representatives to jointly develop specific training programs sponsored by the Colorado customized training program for the purposes specified in paragraph (b) of this subsection (3). Such training programs shall emphasize the training or retraining of workers for the benefit of small businesses.
(i) Training programs shall not be established if such training is available through Colorado's regular vocational or technical education system or the Colorado apprenticeship and training program.
(j) Existing vocational or technical education facilities and resources shall be used in the Colorado customized training program whenever such resources are available. The Colorado customized training program shall be coordinated through existing vocational or technical education institutions.
(k) Training programs shall be designed with the direct cooperation and approval of the participating company. The participating company may be requested to contribute technical expertise, machinery, training space, moneys, and other appropriate resources in order to improve program effectiveness.
(l) Moneys available for the Colorado customized training program shall be expended for the alleviation of unemployment, underemployment, economic distress, low productivity, or employment dislocation through the initiation of economic development and advanced technology training programs. At the discretion of the board, up to one hundred percent of all moneys available for the Colorado customized training program may be transferred to the Colorado existing industry training program created by section 23-60-307, for the purpose of providing funding to meet any existing demand for training and education programs within existing industries. The board shall consider the retention and expansion of existing business and industry as a high priority when making funding decisions.
(m) Notwithstanding section 24-1-136 (11)(a)(I), beginning January 1, 1985, and each January 1 thereafter, the state board for community colleges and occupational education shall report to the joint budget committee and the legislative audit committee on the cost-effectiveness of the Colorado customized training program in assisting economic development in Colorado.
(n) Moneys available for the Colorado customized training program may be used by the board to offset partially or fully the cost of nonresident tuition at state institutions of higher education for relocated employees of companies which currently participate in the Colorado customized training program and have located new facilities in Colorado or which have expanded their operations in Colorado and for the dependents of such relocated employees.
(n.5) Moneys may be available from the Colorado customized training program for use in training potential employees, establishing programs related to training, and helping companies to train employees.
(o) Recognizing that customized training is a matter of statewide concern, the commission shall establish policies pursuant to section 23-1-105 to allow for annual general funding recommendations for customized training programs which are not otherwise funded under this section.
(4) The state board for community colleges and occupational education is authorized to accept, receive, and expend grants, gifts, and moneys from any source for the purpose of implementing its duties and functions under this section.
(5) Part 1 of article 8 of this title 23, concerning state assistance for career and technical education program support, does not apply to the Colorado customized training program.
(6) On and after July 1, 2000, the Colorado office of economic development shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested in the department of local affairs under this section.
Source: L. 84: Entire section added, p. 641, � 1, effective July 1. L. 88: (3)(a), (3)(h), (3)(n), and (5) amended and (3)(o) added, p. 864, � 1, effective April 20. L. 94: (3)(a) amended, p. 2692, � 226, effective July 1. L. 96: (3)(m) amended, p. 1234, � 68, effective August 7. L. 2000: (3)(a) amended and (6) added, p. 1678, � 4, effective July 1. L. 2001: (3)(l) amended, p. 414, � 1, effective August 8. L. 2004: (3)(l) amended, p. 163, � 1, effective March 17. L. 2009: (3)(n.5) added, (SB 09-171), ch. 221, p. 1002, � 1, effective May 4. L. 2017: (5) amended, (SB 17-294), ch. 264, p. 1400, � 63, effective May 25; (3)(m) amended, (HB 17-1251), ch. 253, p. 1061, � 15, effective August 9. L. 2021: (5) amended, (HB 21-1264), ch. 308, p. 1876, � 14, effective June 23.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (3)(a), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending subsection (3)(m), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021.
23-60-307. Colorado existing industry training program - creation - policy - functions of the state board for community colleges and occupational education. (1) This section shall be known and may be cited as the Colorado Existing Industry Training Act.
(2) (a) The general assembly hereby finds and declares:
(I) That it is the policy of this state to maintain our economic health and vitality by ensuring the availability of a skilled labor force by assisting existing Colorado companies, especially ones undergoing major technological change, to train and retrain their workers for specific jobs and thereby keep our industries profitable and competitive; and
(II) That job-specific, existing industry training is necessary to ensure job retention for workers currently employed and improve job opportunities for our citizens newly entering the job market by providing workers with enhanced skills necessary to increase their competency, to remain employed, and to prevent worker dislocation including the subsequent need for public support; and
(III) That technical assistance can be made available by our industries to our training institutions, since such institutions do not have the resources to constantly upgrade or buy new equipment and to maintain the sophisticated plant environments currently found in industry.
(b) Therefore, it is hereby declared to be the policy of this state to promote the health, safety, opportunity for gainful employment, business opportunities, increased productivity, and general welfare of the inhabitants of this state by the creation of the Colorado existing industry training program.
(3) (a) There is hereby created the Colorado existing industry training program within the state board for community colleges and occupational education. Said program shall be jointly administered by the state board of community colleges and occupational education and the Colorado office of economic development in cooperation with the department of labor and employment, governor's job training office, state and local education agencies and private industry councils (in the planning and review process), and approved joint apprenticeship programs.
(b) The program shall provide training or retraining workers for companies being affected by major technological change or for situations where training is deemed crucial for the company and for worker retention. The program shall give first priority to Colorado-based industries which are being affected by technological change, causing a decline in business which may result in dislocation of its work force by imminent layoffs which may impact the community where the company is located. No preference in selection shall be given based on the location of a business in the state. The determinations required by this paragraph (b) shall be made after considering the financial condition of applicant companies, on-site visits to applicant companies, and joint evaluations thereof by the state board for community colleges and occupational education and the Colorado office of economic development as joint operators of the program. Training or retraining under the program may include any of the following or any combination thereof:
(I) Training for permanent, nonretail sector jobs which have significant career opportunities and require substantive instruction;
(II) Upgrade training or retraining of workers in situations where training is required for continued employment and to minimize worker dislocation.
(c) A company must agree to act as sponsor in the development and implementation of the training program.
(d) Training shall be nonduplicative of existing course offerings provided by the community college or vocational-technical institution in the local area, whenever possible; except that the community college or vocational-technical institution shall contract with other approved training entities, public or private, or both, where said entities can provide the training at less cost.
(e) The payment of all direct costs of training programs specified in paragraph (b) of this subsection (3) shall be made from moneys available for the Colorado existing industry training program. Direct training costs shall include:
(I) Assessment and testing;
(II) Instructor wages, per diem, and travel;
(III) Curriculum development and training materials;
(IV) Lease of training equipment and training space.
(f) Moneys of the Colorado existing industry training program shall not be used to pay wages or stipends to trainees during a training session.
(g) Training assistance shall be encouraged for small and rural companies, although not limited to such companies.
(h) Forty percent of training costs must be financed by the sponsoring company in cash or in-kind expenditures. The company shall also be encouraged to participate with in-kind contributions of training space, training equipment, training supplies, and technical assistance.
(i) Training programs shall be designed with the direct participation of the sponsoring company.
(j) Any training session sponsored by the Colorado existing industry training program shall last no longer than the time required to provide workers with the job skills required by the sponsoring company.
(k) Moneys available for the Colorado existing industry training program shall be expended for the prevention of unemployment to minimize worker dislocation.
(l) and (m) Repealed.
(n) Moneys available for the Colorado existing industry training program may be used to fund mobile learning labs, which provide employers with a flexible delivery option for on-site training.
(4) There is hereby created in the state treasury the Colorado existing industry training cash fund that shall consist of all moneys credited thereto pursuant to this subsection (4) and as otherwise provided by law. The general assembly shall make annual appropriations for fiscal years commencing on or after July 1, 1990, from the Colorado existing industry training cash fund to the state board for community colleges and occupational education for allocation to the Colorado existing industry training program for the implementation of this section.
(5) The state board of community colleges and occupational education is authorized to accept, receive, and expend grants, gifts, and moneys from any source for the purpose of implementing its duties and functions under this section.
(6) Part 1 of article 8 of this title 23, concerning state assistance for career and technical education program support, does not apply to the Colorado existing industry training program.
Source: L. 89: Entire section added, p. 1009, � 1, effective June 7. L. 96: (3)(l) and (3)(m) repealed, p. 1233, � 67, effective August 7. L. 2000: (3)(a), IP(3)(b), and (4) amended, p. 1679, � 5, effective July 1. L. 2015: (3)(n) added, (HB 15-1271), ch. 190, p. 627, � 1, effective August 5. L. 2017: (6) amended, (SB 17-294), ch. 264, p. 1400, � 64, effective May 25. L. 2021: (6) amended, (HB 21-1264), ch. 308, p. 1876, � 15, effective June 23.
Cross references: For the legislative declaration contained in the 1996 act repealing subsections (3)(l) and (3)(m), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021.