2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 620 - Department of Economic Development › Section 620.2500 - Employer reimbursement for employee upskill credentials — definitions — fund created — application criteria — requirements — rulemaking — sunset date.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 620
Effective - 28 Aug 2023
620.2500. Employer reimbursement for employee upskill credentials — definitions — fund created — application criteria — requirements — rulemaking — sunset date. —
1. For purposes of this section, the following terms mean:
(1)
"Employee"
, any person employed by a qualifying employer or any person who is a prospective employee of a qualifying employer, provided such person is not an independent contractor;
(2)
"Health care-focused credential"
, a credential that demonstrates the competencies necessary to succeed in an occupation related to the delivery of health care services;
(3)
"Public body"
, the state of Missouri, any department, division, commission, board, or political subdivision thereof including, but not limited to, institutions of postsecondary education that offer required courses and training necessary for an employee to obtain upskill credentials. The term "public body" shall be construed to exclude any:
(a) Facility that meets the definition of hospital in section 197.020;
(b) Long-term care facility licensed under chapter 198; or
(c) Public hospital established and maintained under chapter 205;
(4)
"Qualifying employer"
, any employer registered to do business in the state of Missouri, provided the employer is not a public body;
(5)
"Technology-focused credential"
, a credential that demonstrates the competencies necessary to succeed in an occupation that utilizes technology to develop, build, and deliver products and services;
(6)
"Training provider"
, any entity approved by the state that provides training in upskill credentials;
(7)
"Upskill credential"
, includes, but is not limited to:
(a) Health care-focused credentials;
(b) Technology-focused credentials; and
(c) Any other credential indicated by a qualifying employer as necessary for improving the skills of its current and prospective employees.
2. The department of economic development may distribute to any qualifying employer a reimbursement not to exceed two thousand dollars for each employee who obtains upskill credentials, provided that no qualifying employer shall receive more than thirty thousand dollars under this section in any fiscal year. A qualifying employer shall submit an application for an award for such reimbursement as provided in this section in order to receive such funds.
3. The department of economic development shall design an application form for qualifying employers to apply for an award for reimbursement. The application form shall contain all information that the department deems necessary to fulfill the provisions of this section.
4. (1) There is hereby created in the state treasury the "Upskill Credential Training Fund", which shall consist of moneys appropriated by the general assembly, which shall not exceed six million dollars per fiscal year. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in this fund shall be used solely as provided in this section.
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
5. (1) The department of economic development shall evaluate all applications submitted by qualifying employers on a competitive basis using the following criteria:
(a) The pledged average wage increase that employees or prospective employees will realize after obtaining the upskill credential in relation to the cost of obtaining the upskill credential;
(b) The level of economic distress in the qualifying employer's region and the balance of awards made to the various regions of the state; and
(c) The contribution made by the qualifying employer toward the cost of obtaining the upskill credential.
(2) Applications shall be evaluated at the close of the application period, as determined by the department, and shall not be awarded on a first-come, first-served basis. The department may make preliminary awards for reimbursement only after the application period has closed.
(3) Except as provided in subdivision (4) of this subsection, in making awards under this section, the department shall reserve:
(a) Thirty-three and one-third percent of the moneys in the upskill credential training fund to be awarded exclusively to qualifying employers with at least one but not more than fifty employees; and
(b) Thirty-three and one-third percent of the moneys in the upskill credential training fund to be awarded exclusively to qualifying employers with at least fifty-one but not more than two hundred employees.
(4) Any moneys reserved under paragraph (a) or (b) of subdivision (3) of this subsection that are not issued or awarded by March first of the fiscal year shall no longer be reserved and may be issued to any qualifying employer eligible for an award under this section.
(5) Applications shall be considered during application periods as determined by the department.
6. (1) Upon being given a preliminary award for reimbursement under this section, each qualifying employer shall sponsor a current or prospective employee to obtain an upskill credential within twelve months of the preliminary award. A current or prospective employee shall not commence the process of obtaining the upskill credential until after a preliminary award has been made.
(2) Upon obtaining the upskill credential, the qualifying employer shall submit proof of the upskill credential to the department of economic development.
(3) To receive the reimbursement, the qualifying employer shall provide to the department proof that the individual who completed the upskill credential is a Missouri resident with a verifiable Missouri address. Such proof shall be submitted to the department in the manner requested by the department within six weeks of completing the upskill credential.
(4) If the department is satisfied that the current or prospective employee has obtained the upskill credential based upon evidence provided under subdivision (2) of this subsection and the provisions of subdivision (3) of this subsection have been satisfied, the department shall grant the qualifying employer the reimbursement indicated in the preliminary award.
7. Training providers shall not be eligible for awards issued under this section unless employees are trained by an outside training provider.
8. A qualifying employer shall not receive funds under this section for an employee's upskill credential if:
(1) The qualifying employer is receiving funds under the Missouri one start program under sections 620.800 to 620.809 for the same upskill credential; or
(2) The employee is receiving a fast track workforce incentive grant under section 173.2553 for the same upskill credential.
9. The director of the department of economic development may promulgate all necessary rules and regulations for the administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be invalid and void.
10. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after August 28, 2023, unless reauthorized by an act of the general assembly;
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
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(L. 2023 H.B. 417)
Sunset date 8-28-29
Termination date 9-01-30