Bill Text: OH HB539 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To make changes to the composition and responsibilities of the State Workforce Policy Board and to the One-stop System of workforce development.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2012-05-08 - To Economic & Small Business Development [HB539 Detail]

Download: Ohio-2011-HB539-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 539

Representatives Derickson, Thompson 

Cosponsors: Representatives Adams, J., Grossman, Henne, Sprague, Adams, R., Duffey, Young, McClain, Conditt, Baker 

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A BILL

To amend sections 6301.01, 6301.02, 6301.03, 6301.04,

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6301.07, 6301.08, and 6301.10 of the Revised Code

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to make changes to the composition and

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responsibilities of the State Workforce Policy

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Board and to the One-stop System of workforce

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development.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 6301.01, 6301.02, 6301.03, 6301.04,	7
6301.07, 6301.08, and 6301.10 of the Revised Code be amended to	8
read as follows:	9

Sec. 6301.01.  As used in this chapter:

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(A) "Local area" means any of the following:

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(1) A municipal corporation that is authorized to administer	12
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,	13
29 U.S.C.A. 2801, as amended, under this chapter and is not	14
joining in partnership with any other political subdivisions in	15
order to do so;	16

(2) A single county;

17

(3) A consortium of any of the following political	18
subdivisions:	19

(a) A group of two or more counties in the state;

20

(b) One or more counties and one municipal corporation in the	21
state;	22

(c) One or more counties with or without one municipal	23
corporation in the state and one or more counties with or without	24
one municipal corporation in another state, on the condition that	25
those in another state share a labor market area with those in the	26
state.	27

"Local area" does not mean a region for purposes of	28
determinations concerning administrative incentives.	29

(B) "Municipal corporation" means a municipal corporation	30
that is eligible for automatic or temporary designation as a local	31
workforce investment area pursuant to section 116(a)(2) or (3) of	32
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	33
2831(a)(2) or (3), but that does not request that the governor	34
grant such automatic or temporary designation, and that instead	35
elects to administer and enforce workforce development activities	36
pursuant to this chapter.	37

(C) "County" means a county that is eligible to be designated	38
as a local workforce investment area pursuant to the "Workforce	39
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	40
amended, but that does not request such designation, and instead	41
elects to administer and enforce workforce development activities	42
pursuant to this chapter.	43

(D) "Workforce development agency" means the entity given	44
responsibility for workforce development activities that is	45
designated by the board of county commissioners in accordance with	46
section 330.04 of the Revised Code, the chief elected official of	47
a municipal corporation in accordance with section 763.05 of the	48
Revised Code, or the chief elected officials of a local area	49
defined in division (A)(3) of this section.	50

(E) "Workforce development activity" means a program, grant,	51
or other function, the primary goal of which is to do one or more	52
of the following:	53

(1) Help individuals maximize their employment opportunities;

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(2) Help employers gain access to skilled workers;

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(3) Help employers retain skilled workers;

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(4) Help develop or enhance the skills of incumbent workers;

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(5) Improve the quality of the state's workforce;

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(6) Enhance the productivity and competitiveness of the	59
state's economy.	60

(F) "Chief elected officials," when used in reference to a	61
local area, means the board of county commissioners of the county	62
or of each county in the local area or, if the county has adopted	63
a charter under Section 3 of Article X, Ohio Constitution, the	64
chief governing body of that county, and the chief elected	65
official of the municipal corporation, if the local area includes	66
a municipal corporation, except that when the local area is the	67
type defined in division (A)(1) of this section, "chief elected	68
officials" means the chief elected official of the municipal	69
corporation.	70

(G) "State board" means the state workforce policy board	71
established by section 6301.04 of the Revised Code.	72

(H) "Local board" means a local workforce policy board	73
created pursuant to section 6301.06 of the Revised Code.	74

Sec. 6301.02.  The director of job and family services shall	75
administer the "Workforce Investment Act of 1998," 112 Stat. 936,	76
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.	77
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received	78
pursuant to those acts. In administering those acts and funds	79
received pursuant to those acts, the director shall establish and	80
administerassist the state workforce policy board in establishing	81
and administering a workforce development system that is designed	82
to provide leadership, support, and oversight to locally designed	83
workforce development and family services systems and that	84
provides the maximum amount of flexibility and authority to	85
counties and municipal corporations, as permitted under the	86
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	87
2801, as amended. The director shall conduct investigations and	88
hold hearings as necessary for the administration of this chapter.	89

To the extent permitted by state and federal law, the	90
director may adopt rules pursuant to Chapter 119. of the Revised	91
Code to establish any program or pilot program for the purposes of	92
providing workforce development activities or family services to	93
individuals who do not meet eligibility criteria for those	94
activities or services under applicable federal law. Prior to the	95
initiation of any program of that nature, the director of budget	96
and management shall certify to the governor that sufficient funds	97
are available to administer a program of that nature. The state	98
board shall have final approval of any such program.	99

Unless otherwise prohibited by state or federal law, every	100
state agency, board, or commission shall provide to the state	101
board and the director all information and assistance requested by	102
the state board and the director in furtherance of workforce	103
development activities.	104

Sec. 6301.03.  (A) In administering the "Workforce Investment	105
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	106
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	107
amended, the funds received pursuant to those acts, and the	108
workforce development system, the director of job and family	109
services may, at the direction of the state board, make	110
allocations and payment of funds for the local administration of	111
the workforce development activities established under this	112
chapter. Pursuant to the "Workforce Investment Act of 1998," 112	113
Stat. 936, 29 U.S.C.A. 2801, as amended, the governor shall	114
reserve not more than fifteen per cent of the amounts allocated to	115
the state under Title I of that act for adults, dislocated	116
workers, and youth for statewide activities, and not more than	117
twenty-five per cent of funds allocated for dislocated workers	118
under Title I of that act for statewide rapid response activities.	119

(B) The director shall allocate to local areas all funds	120
required to be allocated to local areas pursuant to the "Workforce	121
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	122
amended. The director shall make allocations only with funds	123
available. Local areas, as defined by either section 101 of the	124
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	125
2801, as amended, or section 6301.01 of the Revised Code, and	126
subrecipients of a local area shall establish a workforce	127
development fund and the entity receiving funds shall deposit all	128
funds received under this section into the workforce development	129
fund. All expenditures for activities funded under this section	130
shall be made from the workforce development fund, including	131
reimbursements to a county public assistance fund for expenditures	132
made for activities funded under this section.	133

(C) The use of funds, reporting requirements, and other	134
administrative and operational requirements governing the use of	135
funds received by the director pursuant to this section shall be	136
governed by internal management rules adopted by the directorand	137
approved by the state board pursuant to section 111.15 of the	138
Revised Code.	139

(D) To the extent permitted by state or federal law, the	140
state board, director, local areas, counties, and municipal	141
corporations authorized to administer workforce development	142
activities may assess a fee for specialized services requested by	143
an employer. The director shall adopt rules pursuant to Chapter	144
119. of the Revised Code governing the nature and amount of those	145
types of fees.	146

Sec. 6301.04.  The governor shall establish a state workforce	147
policy board and appoint members to the board, who serve at the	148
governor's pleasure, to perform duties under the "Workforce	149
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	150
amended, as authorized by the governor. The board is not subject	151
to sections 101.82 to 101.87 of the Revised Code. The director of	152
job and family services mayAll state agencies engaged in	153
workforce development activities shall assist the board in the	154
performance of its duties.	155

(A)(1) The governor shall designate nine members of the board	156
to be voting members. All other members shall be ex officio,	157
nonvoting members.	158

(2) The governor shall choose the voting members in a way	159
that a majority of the voting board members represent business	160
interests.	161

(B) The board shall have the power and authority to do all of	162
the following:	163

(1) Provide oversight and policy direction to ensure that the	164
state workforce development activities are aligned and serving the	165
needs of the state's employers, incumbent workers, and job	166
seekers;	167

(2) Adopt rules necessary to administer state workforce	168
development activities;	169

(3) Adopt rules necessary for the auditing and monitoring of	170
subrecipients of the workforce development system grant funds;	171

(4) Designate local workforce investment areas in accordance	172
with 29 U.S.C. 2831;	173

(5) Develop a unified budget for all state and federal	174
workforce funds;	175

(6) Establish a statewide employment and data collection	176
system;	177

(7) Develop statewide performance measures for workforce	178
development and investment;	179

(8) Develop a state workforce development plan;

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(9) Prepare the annual report to the United States secretary	181
of labor, pursuant to section 136(d) of the "Workforce Investment	182
Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as amended;	183

(10) Carry out any additional functions, duties, or	184
responsibilities assigned to the board by the governor.	185

Sec. 6301.07.  (A) Every local workforce policy board, under	186
the direction and approval of the state workforce policy board and	187
with the agreement of the chief elected officials of the local	188
area, and after holding public hearings that allow public comment	189
and testimony, shall prepare a workforce development plan. The	190
plan shall accomplish all of the following:	191

(1) Identify the workforce investment needs of businesses in	192
the local area, identify projected employment opportunities, and	193
identify the job skills necessary to obtain those opportunities;	194

(2) Identify the local area's workforce development needs for	195
youth, dislocated workers, adults, displaced homemakers, incumbent	196
workers, and any other group of workers identified by the local	197
workforce policy board;	198

(3) Determine the distribution of workforce development	199
resources and funding to be distributed for each workforce	200
development activity to meet the identified needs, utilizing the	201
funds allocated pursuant to the "Workforce Investment Act of	202
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	203

(4) Give priority to youth receiving independent living	204
services pursuant to sections 2151.81 to 2151.84 of the Revised	205
Code when determining distribution of workforce development	206
resources and workforce development activity funding;	207

(5) Review the minimum curriculum required by the state	208
workforce policy board for certifying training providers and	209
identify any additional curriculum requirements to include in	210
contracts between the training providers and the chief elected	211
officials of the local area;	212

(6) Establish performance standards for service providers	213
that reflect local workforce development needs;	214

(7) Describe any other information the chief elected	215
officials of the local area require.	216

(B) A local workforce policy board may provide policy	217
guidance and recommendations to the chief elected officials of a	218
local area for any workforce development activities.	219

(C) Nothing in this section prohibits the chief elected	220
officials of a local area from assigning, through a partnership	221
agreement, any duties in addition to the duties under this section	222
to a local workforce policy board, except that a local workforce	223
policy board cannot contract with itself for the direct provision	224
of services in its local area. A local workforce policy board may	225
consult with the chief elected officials of its local area and	226
make recommendations regarding the workforce development	227
activities provided in its local area at any time.	228

Sec. 6301.08.  Every local area shall participate in a	229
one-stop system for workforce development activities. Each board	230
of county commissioners and the chief elected official of a	231
municipal corporation shall ensure that at least one physical	232
locationdelivery method is available in the local area, either	233
through a physical location, or by electronic means approved by	234
the state board, for the provision of workforce development	235
activities.	236

A one-stop system may be operated by a private entity or a	237
public agency, including a workforce development agency, any	238
existing facility or organization that is established to	239
administer workforce development activities in the local area, and	240
a county family services agency.	241

A one-stop system shall include representatives of all the	242
partners required under the "Workforce Investment Act of 1998,"	243
112 Stat. 936, 29 U.S.C.A. 2801, as amended. Additionally, at	244
least one representative from a county department of job and	245
family services shall staff a one-stop system to represent all of	246
the county family services agencies within the local area.	247

Sec. 6301.10.  Beginning January 1, 20012013, and each	248
calendar quarteryear thereafter, the director of job and family	249
servicesstate board, with the assistance of all state agencies	250
engaged in workforce development activities, shall prepare a	251
report concerning the state of Ohio's workforce. The director	252
state board shall distribute the report to the president and	253
minority leader of the senate, the speaker and minority leader of	254
the house of representatives, the state workforce policy board,	255
the governor's office of Appalachian Ohio, the commission on	256
Hispanic-Latino affairs, and the commission on African-American	257
males.	258

Section 2. That existing sections 6301.01, 6301.02, 6301.03,	259
6301.04, 6301.07, 6301.08, and 6301.10 of the Revised Code are	260
hereby repealed.	261