2016 -- H 8035 SUBSTITUTE A

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LC005629/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- GOVERNOR'S WORKFORCE

BOARD RHODE ISLAND

     

     Introduced By: Representatives Amore, Lombardi, Canario, Maldonado, and Fogarty

     Date Introduced: April 06, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-102-6 and 42-102-10 of the General Laws in Chapter 42-102

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entitled "Governor's Workforce Board Rhode Island" are hereby amended to read as follows:

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     42-102-6. Powers and duties. -- (a) Strategic statewide employment and training plan.

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      (1) The board shall meet with other entities involved with career and technical education,

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workforce development, and career training and shall be responsible for the development of a

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comprehensive, and cohesive statewide employment-and-training plan. The strategic, statewide

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employment-and-training plan shall include goals and objectives for serving the state's existing

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and emerging workforce utilizing all state and federal workforce development programs. The

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board shall take into consideration the needs of all segments of the state's citizenry in establishing

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goals and training objectives, including the workforce needs of the state's employers.

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      (2) The strategic statewide employment and training plan shall be developed biennially

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and shall cover the subsequent, two (2) fiscal years. Said biennial plans shall be submitted on

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November 15. The biennial plan shall outline goals and objectives of the coordinated programs

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system, major priorities needed for the next two-year (2) period, and policies and requirements

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necessary to meet those priorities. The board shall provide a funding plan necessary to achieve

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system priorities and serve the anticipated number of participants and shall identify the general

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revenue funds necessary to meet program needs, taking into account anticipated federal, private,

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and other sources of funds. The biennial plan shall incorporate the annual unified workforce

 

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development system report required pursuant to subsection (f) in those years in which both

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reports are due.

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      (3) The board shall develop and maintain a comprehensive inventory and analysis of

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workforce development activities in the state to support the biennial statewide employment and

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training plan. The analysis shall include, but not be limited to, an examination of the populations

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being served across the different employment and training and adult education programs across

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the state; the number of participants being served by these programs; the type of services

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provided; and the eligibility requirements of each of these programs. The analysis shall also

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identify the funding sources (all sources) used in these programs; the service providers within the

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state; as well as the range of services provided. The analysis shall also examine the employer role

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in workforce development activities, including, but not limited to, how employer needs are

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assessed, benefits employers receive for partnering with workforce development organizations,

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and the role employers play in developing programs and providing training.

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      (4) The board shall establish and convene an advisory group to assist in the development

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of this comprehensive inventory and analysis that consists of stakeholders and organizations with

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specific knowledge and expertise in the area of workforce development.

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      (5) All departments and agencies of the state shall furnish advice and information,

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documentary or otherwise, to the board and its agents as is deemed necessary or desirable by the

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board to facilitate the purposes of the board, including the development of the statewide,

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employment-and-training plan.

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      (6) Elements of the statewide employment and training plan established pursuant to

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subsection (a) of this section may inform the development of the state workforce investment plan

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required pursuant to § 42-102-6(d)(2)(i).

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      (b) Performance management and coordination of employment-and-training programs.

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      (1) The board shall establish statewide policies, definitions, objectives, goals, and

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guidelines for the coordination of all employment-and-training programs and related services and

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programs within the state, including:

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      (i) The state department of labor and training programs, sponsored under the Workforce

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Investment Act of 1998, Wagner-Peyser Act, 29 U.S.C. 49 et seq., the Trade Act of 2002, and

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any other employment-related educational program administered by the state department of labor

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and training;

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      (ii) The state department of human services training programs, sponsored under the

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Temporary Assistance to Needy Families, Title IV of the Social Security Act; the Supplemental

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Nutrition Assistance Program (SNAP) Employment and Training Program; Vocational

 

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Rehabilitation Act of 1973, and any other employment-and-training and related services and

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employment-related educational programs administered by the state's department of human

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services;

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      (iii) Employment and training programs sponsored under the Carl D. Perkins Vocational

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Education Act, 20 U.S.C. 2301 et seq., the Federal Adult Education Act, Title II of the Workforce

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Investment Act of 1998 and any other employment-related educational programs administered by

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the board of education;

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      (iv) The state department of corrections training programs for ex-offenders to help them

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reintegrate into the community and re-enter employment;

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      (v) Projects and services funded through the job development fund pursuant to § 42-102-

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6(e)(1);

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      (vi) All other employment-and-training and related services and employment-related

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educational programs, either presently existing or hereinafter established that are administered by

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any state agencies, departments, or councils; and

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      (vii) Programs included within subsections (b)(1)(i) through (b)(1)(vi) of this section

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shall be referred herein collectively as "the coordinated programs system".

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      (2) With respect to plans for employment-and-training programs sponsored under the

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federal Carl D. Perkins Vocational Education Act, 20 U.S.C. 2301 et seq., and any other

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employment-related educational programs administered by the board of education, the workforce

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board and board of education shall establish a process for the development and preparation of all

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these plans and the board of education shall approve the plan subject to review and comment by

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the workforce board; provided, however, that the responsibilities and duties of the board of

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education, as set forth in the general laws, shall not be abridged.

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      (3) With respect to plans for the Temporary Assistance to Needy Families Program,

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SNAP Employment and Training Program, Vocational Rehabilitation Services, and any other

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employment-and-training and related programs administered by the state's department of human

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services, the authority and responsibilities of the department as the single state agency under

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Titles IV-A, 42 U.S.C. 601 through 617, and IV-F, 42 U.S.C. 681 through 687 [repealed] of the

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Federal Social Security Act shall not be abridged.

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      (4) With respect to plans for training ex-offenders to help them reintegrate into the

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community and re-enter employment, and any other employment-and-training programs

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administered by the state's department of corrections, the responsibilities and duties of the

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department, as set forth in the general laws, shall not be abridged.

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      (5) The board shall review, comment on, or approve as appropriate all plans for

 

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employment and training within the coordinated-programs system. The board shall establish

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policies and performance goals for the coordinated-programs system. These policies and goals

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shall include, but not be limited to:

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      (i) Establishing and communicating uniform policies and consistent terms and

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definitions;

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      (ii) Gathering and distributing information from, and to, all agencies, departments, and

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councils within the coordinated-programs system;

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      (iii) Standardizing and coordinating program planning, evaluation, budgeting, and

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funding processes;

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      (iv) Recommending structural and procedural changes;

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      (v) Establishing performance goals and measurements for monitoring the effectiveness

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of the programs provided through the coordinated-programs system; and

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      (vi) Reconciling diverse agency, departmental, or council goals and developing priorities

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among those goals.

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      (c) Comprehensive system-improvement plan.

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      (1) The 2015 unified workforce development system report required pursuant to § 42-

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102-6(f) and due on November 15, 2015 shall include an additional, comprehensive system-

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improvement plan to facilitate the seamless and coordinated delivery of workforce services in this

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state, consistent with the goals and objectives of the board's statewide employment-and-training

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plan. In developing the comprehensive, system-improvement plan, the board shall review the

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roles, responsibilities, and functions of all state employment-and-training programs. The study

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shall identify any gaps in the services provided by those programs; any barriers to integration and

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cooperation of these programs; and any other matters that adversely affect the seamless delivery

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of workforce-development systems in the state.

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      (2) The board shall include in the comprehensive, system-improvement plan:

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      (i) A list of specific barriers, whether structural, regulatory, or statutory, that adversely

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affect the seamless, and coordinated, delivery of workforce-development programs and services

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in this state, as well as recommendations to overcome or eliminate these barriers; and

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      (ii) Recommendations for providing, at a minimum, board comment and review of all

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state employment-and-training programs, to ensure such programs are consistent with the board's

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statewide employment-and-training plan, and meet the current, and projected, workforce demands

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of this state, including programs that, pursuant to state or federal law or regulation, must remain

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autonomous.

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      (3) The recommendations developed by the board under subsection (c)(1) must identify

 

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the state agency or department that is responsible for implementing each recommendation; and

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include a time frame for the implementation of each recommendation. The governor may include

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such recommendations in his or her proposed budget the following fiscal year.

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      (d) Workforce investment act responsibilities.

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      (1) The board shall assume the duties and responsibilities of the state workforce

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investment board established pursuant to Executive Order 05-18 dated September 22, 2005, as

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outlined in subsection(c)(2).

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      (2) The board shall assist the governor and the general assembly in:

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      (i) Developing a state workforce-investment plan for the purposes of the Workforce

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Investment Act of 1998 (WIA) and the Wagner-Peyser Act;

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      (ii) Actively promoting and coordinating private-sector involvement in the workforce-

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investment system through the development of partnerships among state agencies, the business

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community, and the Board;

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      (iii) Ensuring that the current, and projected, workforce needs of Rhode Island

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employers inform and advise Rhode Island's education and workforce-development system;

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      (iv) Providing oversight of local workforce-investment boards, whose primary role in the

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workforce investment system is to deliver employment, training, and related education services in

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their respective local area; and

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      (v) Developing a statewide system of activities that are funded under the WIA or carried

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out through the one-stop delivery system, including:

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      (A) Assuring coordination and non duplication among the programs and activities

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carried out by one-stop partners;

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      (B) Reviewing local workforce-investment plans;

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      (C) Designating local workforce-investment areas in accordance with federal law;

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      (D) Developing allocation formulas for the distribution of funds for adult employment-

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and-training activities, and youth activities to local areas, and creating and expanding job and

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career opportunities for individuals with intellectual, developmental, or other significant

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disabilities;

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      (E) Developing comprehensive state performance measures as prescribed by federal law,

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including state-adjusted levels of performance, to assess the effectiveness of the workforce-

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investment activities in the state;

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      (F) Preparing the annual report to the Secretary of Labor described in WIA;

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      (G) Developing the statewide employment statistics system;

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      (H) Developing an application for incentive grants;

 

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      (I) Carrying out the responsibilities of a local board as outlined in WIA; and

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      (J) Addressing any other issue requiring input from the board under the provisions of

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WIA.

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      (e) Job-development fund responsibilities.

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      (1) The board shall allocate monies from the job-development fund for projects to

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implement the recommendations of the board consistent with the statewide employment-and-

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training plan established pursuant to § 42-102-6(a).

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      (f) Unified workforce development system report.

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      (1) The board shall produce and submit an annual, unified, workforce-development

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system report to the governor, the speaker of the house, the president of the senate, and the

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secretary of state. The report shall be submitted annually on November 15. The report shall cover

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activity having taken place the preceding fiscal year ending June 30 and shall include:

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      (i) A fiscal and programmatic report for the governor's workforce board covering the

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previous fiscal year including:

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      (A) A summary of the board's activities and accomplishments during the previous fiscal

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year;

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      (B) A summary of clerical, administrative, professional, or technical reports received by

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the board during the previous fiscal year, if applicable;

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      (C) A briefing on anticipated activities in the upcoming fiscal year;

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      (D) A consolidated financial statement of all funds received, and expended, by the board,

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including the source of funds, during the previous fiscal year;

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      (E) A listing of any staff supported by these funds;

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      (ii) A unified, expenditure-and-program report for statewide employment-and-training

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programs and related services including:

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      (A) Expenditures by agencies for programs included in § 42-102-6(b)(1), including

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information regarding the number of individuals served by each program; demographic

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information by gender, race and ethnicity; outcome and program-specific performance

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information as determined by the board, and such other information as may be determined by the

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board, including, but not limited to, the attainment of credentials;

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      (2) Beginning November 15, 2015, program expenditures included in the unified,

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workforce-development-system report shall be categorized as administrative, program delivery,

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or other costs; the report shall further include information on the cost-per-individual served

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within each program, through a manner determined by the board;

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      (3) All state and local agencies, departments, or council or similar organizations within

 

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the coordinated-programs system, shall be required to provide the board with the information

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necessary to produce the unified workforce-development-system report.

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     42-102-10. State Career Pathways System. -- The workforce board ("board") shall

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support and oversee statewide efforts to develop and expand career pathways that enable

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individuals to secure employment within a specific industry or occupational sector and to advance

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over time to successively higher levels of education and employment in that sector. Towards this

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purpose the board shall convene an advisory committee comprised of representatives from

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business, labor, adult education, secondary education, higher education, the department of

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corrections, the executive office of health and human services, the department of behavioral

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healthcare, developmental disabilities and hospitals, the office of library and information services,

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community-based organizations, consumers, and the public-workforce system.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- GOVERNOR'S WORKFORCE

BOARD RHODE ISLAND

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     This act would require the governor's workforce board to expand job and career

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opportunities for individuals with intellectual and developmental disabilities. In addition, it would

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add representatives from the department of behavioral healthcare, developmental disabilities and

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hospitals to the advisory committee of the state career pathways systems.

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     This act would take effect upon passage.

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