§ 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. 1. The general assembly hereby finds and declares:
      1. 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
      2. 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.
   2. 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. 1. 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.
   2. Training for new jobs may include any of the following or any combination thereof:
      1. Preemployment training of workers;
      2. Training of workers upon first being hired;
      3. 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.
   3. 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.
   4. 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.
   5. 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:
      1. Instructor wages, travel, and per diem allowances;
      2. Lease of training equipment;
      3. Lease of training space;
      4. Purchase of training supplies;
      5. Development of instructional materials; and
      6. Administrative costs directly associated with each training session.
   6. Moneys of the Colorado customized training program shall not be used to pay wages or stipends to trainees during a training session.
   7. 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.
   8. 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.
   9. 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.
   10. 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.
   11. 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.
   12. 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.
   13. 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.
   14. 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.
   15. 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.
   16. 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.

Editor’s note: Section 20 of chapter 308 (HB 21-1264), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-288 (chapter 221) becomes law and takes effect either upon the effective date of HB 21-1264 or upon the effective date of SB 21-288, whichever is later. SB 21-288 became law and took effect June 11, 2021, and HB 21-1264 took effect June 23, 2021.

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.