(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) The provisions of article 8 of this title 23, concerning state assistance for career and technical education program support, shall not apply to the Colorado existing industry training program.