North Carolina § 115D-5 - 1. Workforce Development Programs.

§ 115D-5. 1. Workforce Development Programs.

Community colleges shall assist in the preemployment and in-service training of employees in industry, business, agriculture, health occupation and governmental agencies. Such training shall include instruction on worker safety and health standards and practices applicable to the field of employment. The State Board of Community Colleges shall make appropriate regulations including the establishment of maximum hours of instruction which may be offered at State expense in each in-plant training program. No instructor or other employee of a community college shall engage in the normal management, supervisory and operational functions of the establishment in which the instruction is offered during the hours in which the instructor or other employee is employed for instructional or educational purposes. through (d) Repealed by Session Laws 2008-107, s. 8.7(a), effective July 1, 2008. There is created within the North Carolina Community College System the Customized Training Program. The Customized Training Program shall offer programs and training services to assist new and existing business and industry to remain productive, profitable, and within the State. Before a business or industry qualifies to receive assistance under the Customized Training Program, the President of the North Carolina Community College System shall determine that: The business is making an appreciable capital investment; The business is deploying new technology; The business or individual is creating jobs, expanding an existing workforce, or enhancing the productivity and profitability of the operations within the State; and The skills of the workers will be enhanced by the assistance. The types of services sought by the company, whether for new, expanding, or existing industry. The number of trainees trained by the company and community college. The number of years that company has been funded. The Community Colleges System Office shall report no later than September 1 of each year to the Joint Legislative Education Oversight Committee on: Notwithstanding any other provision of law, the State Board of Community Colleges may adopt guidelines that allow the Customized Training Program to use funds appropriated for that program to support training projects for the various branches of the Armed Forces of the United States. Funds available to the Customized Training Program shall not revert at the end of a fiscal year but shall remain available until expended. Up to ten percent (10%) of the college-delivered training expenditures and up to five percent (5%) of the contractor-delivered training expenditures for the prior fiscal year for Customized Training may be allotted to each college for capacity building at that college. Of the funds appropriated in a fiscal year for the Customized Training Programs, the State Board of Community Colleges may approve the use of up to eight percent (8%) for the training and support of regional community college personnel to deliver Customized Training Program services to business and industry. The State Board shall adopt guidelines to implement this section. At least 20 days before the effective date of any criteria or nontechnical amendments to guidelines, the State Board must publish the proposed guidelines on the Community Colleges System Office's web site and provide notice to persons who have requested notice of proposed guidelines. In addition, the State Board must accept oral and written comments on the proposed guidelines during the 15 business days beginning on the first day that the State Board has completed these notifications. For the purpose of this subsection, a technical amendment is either of the following: An amendment that corrects a spelling or grammatical error. An amendment that makes a clarification based on public comment and could have been anticipated by the public notice that immediately preceded the public comment. (1) The total amount of funds received by a company under the Customized Training Program. (2) The amount of funds per trainee received by that company. (3) The amount of funds received per trainee by the community college delivering the training. History (2005-276, s. 8.4(a), (b); 2005-445, s. 3; 2008-107, s. 8.7(a); 2009-451, s. 8.14(c); 2009-523, s. 2(b); 2009-570, s. 41; 2010-96, s. 14; 2011-183, s. 79; 2019-165, s. 2.3.) Cross References. - As to "No Adult Left Behind" Initiative, see G.S. 143B-438.14 . Editor's Note. - Subsections (a) through (c) of this section were formerly codified as G.S. 115D-5 (d), (k) and (i), respectively. They were recodified as G.S. 115D-5.1(a) -(c), by Session Laws 2005-276, s. 8.4(a). Subsections (f) and (g) were formerly part of subsection (e) and have been renumbered at the direction of the Revisor of Statutes. Session Laws 2005-276, s. 8.4(c), provides: "Notwithstanding any other provision of law, the State Board of Community Colleges may use funds appropriated to it for the New and Expanding Industry Training Program to operate programs under the Customized Industry Training Program." Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'." Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium." Session Laws 2005-276, s. 46.5, is a severability clause. Session Laws 2008-107, s. 8.7(b), provides: "The State Board of Community Colleges shall transfer funds appropriated for the New and Expanding Industry Training Program and the Focused Industrial Training Program to the Customized Industry Training Programs appropriation. This transfer shall be completed by September 1, 2008." Session Laws 2008-107, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2008'." Session Laws 2008-107, s. 30.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2008-2009 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2008-2009 fiscal year." Session Laws 2008-107, s. 30.5, is a severability clause. Session Laws 2009-451, s. 8.14(b), provides: "Projects that create or retain jobs in North Carolina shall receive first priority for funds appropriated for the Customized Training Program." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Effect of Amendments. - Session Laws 2005-276, s. 8.4(b), effective July 1, 2005, added subsections (d) and (g). Session Laws 2005-445, s. 3, effective September 28, 2005, added subsection (b1). Session Laws 2008-107, s. 8.7(a), effective July 1, 2008, deleted subsections (b) through (d), related to the North Carolina Community College System's New and Expanding Industry Training (NEIT) Program Guidelines; in subsection (e), substituted "Training" for "Industry," deleted "CIT" three times, and substituted "to assist new and" for "as new options for assisting"; deleted "and" at the end of subdivision (e)(2) and added subdivision (e)(2a); and added subsections (f1) through (f3). Session Laws 2009-451, s. 8.14(c), effective July 1, 2009, added subdivision (f)(1a). Session Laws 2009-523, s. 2(b), effective August 26, 2009, substituted "adopt guidelines" for "adopt rules and policies" in subsection (f1) and in the first sentence of subsection (g); added the second through fourth sentences in the introductory paragraph of (g); and added subdivisions (g)(1) and (g)(2). Session Laws 2009-570, s. 41, effective August 28, 2009, substituted "Customized Training Program" for "CIT" at the end of subdivision (f)(1); deleted "and the Focused Industrial Training Program" following "Customized Training Program" in subsection (f1); and substituted "Customized Training Program services" for "Customized Industry Training Program services" in subsection (f3). Session Laws 2010-96, s. 14, effective July 20, 2010, substituted "that program" for "those programs" in subsection (f1). Session Laws 2011-183, s. 79, effective June 20, 2011, substituted "Armed Forces of the United States" for "United States Armed Forces" in subsection (f1). Session Laws 2019-165, s. 2.3, effective July 26, 2019, rewrote subsection (f), which formerly read: "The State Board shall report on an annual basis to the Joint Legislative Education Oversight Committee on”; and made stylistic changes.