2014 -- H 8371
Enacted 07/08/14
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- GOVERNOR'S WORKFORCE BOARD RHODE ISLAND
Introduced By: Representative K. JosephShekarchi
Date Introduced: June 20, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Sections 28-42-82, 28-42-83 and 28-42-84 of the General Laws in Chapter 28-42 entitled "Employment Security - General Provisions" are hereby amended to read as follows:
28-42-82. Job development fund. -- Whereas, improvements in the standard of living for all Rhode Islanders, by increasing their prosperity and their opportunities for continued employment and better jobs, is one of the top priorities of state government;
Whereas, the rapidly changing economy requires that the Rhode Island workforce be able to adapt to emerging needs of the workplace;
Whereas, the energies and resources of numerous state agencies and commissions contribute to the state's overall response to the needs of the workforce and must be coordinated to achieve maximum efficiency and effectiveness; and
Whereas, the competitiveness of Rhode Island businesses is dependent on a well-skilled, literate, and productive workforce:
Now, therefore, the general assembly declares as follows:
(1) There is a need to stimulate
long-term economic development,; reconcile the needs of women parents,
work, and families,; better integrate immigrants
and minorities fully into the workforce,; and improve workers' educational preparation
and skills;
(2) Enhancement of the competitiveness of the state's businesses and workforce requires state support and encouragement for programs aimed at improving skill levels and expanding opportunities of all segments of the workforce, particularly those in need of customized training or training to upgrade existing skill levels; and
(3) These needs require the
establishment of a job development fund pursuant to section
§28-42-83 and the establishment of the human resource investment council governor's workforce board Rhode Island (workforce board)
pursuant to chapter 102 of title 42 to administer the fund.
28-42-83. Job development fund -- Establishment -- Sources. --
(a) (1) There is created as a restricted receipt account within the general
fund called the job development fund, to be administered by the human resource investment council governor's workforce board Rhode Island (workforce board),
without liability on the part of the state beyond the amounts paid into and
earned by the fund. This fund shall consist of:
(i) All payments received from employers and paid pursuant to section §28-43-8.5;
(ii) All other moneys paid into and received by the fund;
(iii) Property and securities acquired, by and through the use of, moneys belonging to the fund; and
(iv) Interest earned upon moneys belonging to the fund.
(2) All moneys in the job development fund shall be mingled and undivided.
(b) All moneys received by the director for the job development fund shall, upon receipt, be deposited by the director in a clearance account in a bank in this state.
28-42-84. Job development fund -- Disbursements -- Unexpended balance. -- (a) The moneys in the job development fund shall be used for the following purposes:
(1) To reimburse the department of labor and training for the loss of any federal funds resulting from the collection and maintenance of the fund by the department;
(2) To make refunds of contributions erroneously collected and deposited in the fund;
(3) To pay any administrative expenses
incurred by the department of labor and training associated with the collection
of the contributions for employers paid pursuant to section
§28-43-8.5, and any other administrative
expenses associated with the maintenance of the fund, including the payment of
all premiums upon bonds required pursuant to section
§28-42-85;
(4) To provide for job training,
counseling and assessment services, and other related activities and services.
Services will include, but are not limited to, research, development,
coordination, and training activities to promote workforce development and
business development as established by the human
resource investment council governor's
workforce board Rhode Island (workforce board);
(5) To support the state's job training for economic development;
(6) (i) Beginning January 1, 2001, two
hundredths of one percent (0.02%) out of the twenty-one hundredths of one
percent (0.21%) job development assessment paid pursuant to section §28-43-8.5
shall be used to support necessary, core
services in the unemployment insurance and employment services programs
operated by the department of labor and training; and
(ii) Beginning January 1, 2011, and ending in tax year 2015, two hundredths of
one percent (0.02%) out of the fifty- one hundredths of one percent (0.51%) job
development assessment paid pursuant to section
§28-43-8.5 shall be used to support
necessary core services in the unemployment insurance and employment services
programs operated by the department of labor and training; and
(7) Beginning January 1, 2011, and ending in tax year 2015, three tenths of
one percent (0.3%) out of the fifty-one hundredths of one percent (0.51%) job
development assessment paid pursuant to section
§28-43.8.5 shall be deposited into a
restricted receipt account to be used solely to pay the principal and/or
interest due on Title XII advances received from the federal government in
accordance with the provisions of Section 1201 of the Social Security Act;
provided, however, that if the federal Title XII loans are repaid through a
state revenue bond or other financing mechanism, then these funds may also be
used to pay the principal and/or interest that accrues on that debt. Any
remaining funds in the restricted receipt account, after the outstanding
principal and interest due has been paid, shall be transferred to the
employment security fund for the payment of benefits.
(b) The general treasurer shall pay
all vouchers duly drawn by the council workforce board upon the fund, in any amounts and
in any manner that the council workforce board may prescribe. Vouchers so drawn
upon the fund shall be referred to the controller within the department of administration.
Upon receipt of those vouchers, the controller shall immediately record and
sign them and shall promptly transfer those signed vouchers to the general
treasurer. Those expenditures shall be used solely for the purposes specified
in this section and its balance shall not lapse at any time but shall remain
continuously available for expenditures consistent with this section. The
general assembly shall annually appropriate the funds contained in the fund for
the use of the human resource investment council
workforce board and, in addition, for
the use of the department of labor and training effective July 1, 2000, and for
the payment of the principal and interest due on federal Title XII loans
beginning July 1, 2011; provided, however, that if the federal Title XII loans
are repaid through a state revenue bond or other financing mechanism, then the
funds may also be used to pay the principal and/or interest that accrues on
that debt.
SECTION 2. The title of Chapter 42-102 of the General Laws entitled "Rhode Island Human Resource Investment Council" is hereby amended to read as follows:
CHAPTER
42-102
Rhode Island Human Resource Investment Council
CHAPTER
42-102
GOVERNOR'S WORKFORCE BOARD RHODE ISLAND
SECTION 3. Chapter 42-102 of the General Laws entitled "Rhode Island Human Resource Investment Council" is hereby amended by adding thereto the following sections:
42-102-1.2. Change of name [Effective February 1, 2015]. -- (a) The council known as the "Rhode Island human resource investment council" shall now be known as the "governor's workforce board Rhode Island." Whenever in any general law, or public law, rule, regulation and/or bylaw, reference is made to the "Rhode Island human resource investment council" or the "human resource investment council" the reference shall be deemed to refer to and mean the "governor's workforce board Rhode Island", which may also be referred to as the "state workforce investment board" or the "board".
(b) Nothing in this act shall be construed to change or modify the corporate existence of the former Rhode Island human resource investment council, which shall now be known as the "governor's workforce board Rhode Island," or to change or modify any contracts or agreements of any kind by, for, between, or to which the human resource investment council is a party or to effect in any way the property or assets of the Rhode Island human resource investment council. The workforce board is the successor in interest to the Rhode Island human resource investment council.
42-102-12. Personnel and administration. -- The department of labor and training is hereby designated as the administrative entity responsible for administration and management of the board. The department's one-stop career center system and the local workforce investment boards are the primary deliverers of workforce development services. The department is authorized to act in concert with the governor's workforce investment act (WIA) liaison in the planning, administration, coordination, and oversight functions of the workforce system assigned to the governor. The department shall provide staff support for the workforce board.
SECTION 4. Sections 42-102-1, 42-102-1.1, 42-102-2, 42-102-3, 42-102-4, 42-102-5, 42-102-6, 42-102-7, 42-102-8, 42-102-10 and 42-102-11 of the General Laws in Chapter 42-102 entitled "Rhode Island Human Resource Investment Council" are hereby amended to read as follows:
42-102-1. Establishment of council. Establishment of workforce board. --
There is established an independent council
workforce board to be known as "the
Rhode Island human resource investment council
governor's workforce board Rhode Island
", hereinafter referred to as the "council
workforce board", which that shall
be comprised of influential and dedicated leaders
and shall have as its purposes strategic planning for an,
evaluation and coordination of work force development efforts in Rhode Island
and support of innovative and state-of-the-practice initiatives and programs
for work development. The board shall serve as the
state workforce investment board, pursuant to Executive Order 05-18 dated
September 22, 2005, in conformity with the requirements of the Federal
Workforce Investment Act of 1998, 29 U.S.C 2801 et seq, or its successor. The
board shall be the principal workforce policy body for the state.
42-102-1.1. Consolidation of councils and advisory boards. --
Notwithstanding any provisions of the general laws of the state to the
contrary, the employment security advisory council is consolidated into the council workforce
board. Should there be any changes in federal law or regulations
permitting the consolidation of other employment and training councils, boards,
or advisory committees, the council workforce board is authorized to incorporate
those bodies.
42-102-2. Composition of council. [Effective February 1, 2015.] Composition of workforce board.
[Effective February 1, 2015.] – (a)
The council workforce
board shall be composed of fifteen (15)
twenty-one (21) members,; one of whom shall
be the secretary of commerce, who shall be vice-chair,; one of whom shall
be the director of the department of labor and training; one of whom shall be
the commissioner of education; one of whom shall be a representative of a
public institution of higher education in Rhode Island; and seventeen (17)
public members, eleven (11) of whom shall be representatives from the employer
community, in a manner that is representative of employers of different sizes
and sectors, including the nonprofit sector, provided that two (2) of the
representatives from the employer community shall be the chairs of Rhode
Island’s local workforce investment boards, or their designees, appointed from
among the employer community members of the local workforce investment boards;
four (4) of whom shall be representatives of organized labor; and two (2)
members shall be representatives of community-based organizations that provide
or promote workforce development service; twelve (12) members appointed by the governor, with the advice
and consent of the senate,. The seventeen (17) public members shall be appointed in a
manner that reflects the geographic diversity of the state, and at
least four (4) five (5) of whom shall be women, at least three (3) four (4)
of whom shall be from minority communities, and at least one of whom shall be a
person with disabilities., as follows: The
governor shall appoint a chairperson from among the eleven (11) representatives
of the employer community.
(1) One
shall be appointed by the governor to serve as chairperson of the council;
(2) Five
(5) shall be appointed by the governor from the employer community, in a manner
that is representative of employers of different sizes and sectors, including
the nonprofit sector; provided, however, that in the event that there is
established a state workforce investment board that is separate and distinct
from the council, then one of the five (5) representatives of the employer
community shall be the chairperson of the state work force investment board,
and if all employer community appointments have been duly made and are filled,
then the appointed chairperson of the state workforce investment board shall be
made with the next available appointment of a representative of the employer
community;
(3) Four
(4) members from organized labor shall be appointed by the governor;
(4) Two (2)
members from community-based organizations shall be appointed by the governor;
(5) The
president of the senate and the speaker of the house shall appoint one
individual each from their respective chambers to be members of the council.
(b) The board may establish an executive committee composed of members appointed by the chair. The board may delegate to the executive committee any powers of the board except those powers that are required by law to be exercised by the board. The chair may also appoint ad hoc committees, workgroups, or task forces to assist the board as appropriate.
(c) Members serving as of the effective date of this act on the state workforce investment board established pursuant to Executive Order No. 05-18 ordered on September 22, 2005, shall continue to serve their terms of office as members of the governor's workforce board established under this chapter.
42-102-3. Officers. [Effective February 1, 2015.] --
(a) The position of chairperson shall be unpaid and the individual that who is
appointed chairperson shall serve a three (3)
year (3) term. The governor may
reappoint the individual appointed chairperson to serve another three (3) year (3)
term.
(b) The secretary of commerce shall be
vice-chair, and is authorized to preside
over meetings in the absence of the chairperson.
(c) Executive director. - The council workforce
board, in consultation with the governor, shall appoint an executive
director who shall serve at the pleasure of the council
workforce board, provided that the
executive director's initial engagement by the council
workforce board shall be for a period of
not more than three (3) years. The position of executive director shall be in
the unclassified service of the state and he or she shall serve as the chief
executive officer of the council workforce board.
42-102-4. Terms of office and voting. -- (a) Of
the thirteen (13) seventeen (17) public members appointed by the
governor, with the advice and consent of the
senate, seven (7) nine (9) shall be appointed for a term of two (2)
years, and six (6) eight (8) shall be appointed for three (3) years.
After the initial appointments of those individuals serving two (2) year (2)
terms, they, or their successors, shall be appointed to three (3) year (3)
terms. A vacancy in the office of a member, other than by expiration of the
member's term, shall be filled in the same manner as the original appointment,
but only for the remainder of the prevailing term. Members whose terms expire
may be reappointed.
(b) Only members shall have the right to vote.
(c) A
majority of duly appointed members shall constitute a quorum; provided,
however, that at least six (6) members shall be necessary for a quorum.
A simple majority of board members shall constitute
a quorum.
42-102-5. Compensation and expenses. -- The
members of the council workforce board shall receive no compensation for
their services as members, but may, at the discretion of the executive director
of the council workforce board, be reimbursed for traveling and other
expenses actually incurred in the performance of their official duties. The
compensation paid the executive director, personnel,
and other support staff, and the administrative costs shall be drawn from the
job development fund; provided, however, that the administrative expenses shall
not exceed thirteen percent (13%) of any sum collected in the taxable year.
42-102-6. Duties. [Effective February 1, 2015.] Powers and duties. [Effective
February 1, 2015.] -- (a) The council
shall meet with other entities involved with vocational education, labor, and
training and shall be responsible for the planning of labor and training
activities to ensure that a comprehensive and cohesive plan is developed. The
council shall take into consideration the needs of all segments of the state's
citizenry in establishing goals and training objectives.
(b) The
council shall establish policy to ensure the effectiveness and efficiency of
programs and activities as they pertain to labor and training, including the
workforce needs of state employers.
(c) The
council shall provide funding for special projects that will increase and
improve the skill base of Rhode Island's workforce. The council shall take into
account labor market information from the Rhode Island economic development
corporation to help establish training needs. In addition, the council shall
have the following responsibilities:
(1) Prepare
and submit by September 1, 1992 and thereafter annually, a proposed budget for
the ensuing year for the governor's approval;
(2) The
auditor general shall conduct annual audits of all financial accounts and any
other audits that he or she shall deem necessary.
(3) Ensure
that, for those contracts or grants characterized as training or upgrading, the
administrative expenses of the private or public entity awarded the contract or
grant shall not exceed fifteen percent (15%) of the total contract or grant.
(4) Receive
any gifts, grants, or donations made and to disburse and administer them in
accordance with the terms thereof; and
(5)
Allocate moneys from the job development fund for projects to implement the
recommendations of the council, including, but not limited to, technology
transfers or technical assistance to manufacturers to improve their operations
through the use of appropriate technologies; provided, that for fiscal year
2005, a minimum of three million four hundred thousand dollars ($3,400,000)
from the job development fund shall be allocated for adult literacy programs.
(6) Within
ninety (90) days after the end of each fiscal year, the council shall approve
and submit an annual report to the governor, the speaker of the house, the
president of the senate, and the secretary of state, of its activities during
the fiscal year. The report shall provide: an operating statement summarizing
meetings or hearings held, meeting minutes if requested, subjects addressed,
decisions rendered, rules and regulations promulgated, studies conducted,
policies and plans developed, approved or modified, and programs administered
or initiated; a consolidated financial statement of all funds received and
expended including the source of funds, a listing of any staff supported by
these funds, and a summary of clerical, administrative, professional or
technical reports received; a summary of performance during the previous fiscal
year including accomplishments, shortcomings and remedies; a synopsis of
hearings, complaints, suspensions or other legal matters related to the
authority of the council; a summary of any training courses held pursuant to
subsection 42-102-2(c); a briefing on anticipated activities in the upcoming
fiscal year; and findings and recommendations for improvement. The report,
within thirty (30) days of its completion, shall be posted electronically on
the general assembly and secretary of state's websites. The director of the
department of administration shall be responsible for the enforcement of this
provision.
(a) Strategic statewide employment and training plan.
(1) The board shall meet with other entities involved with career and technical education, workforce development, and career training and shall be responsible for the development of a comprehensive, and cohesive statewide employment-and-training plan. The strategic, statewide employment-and-training plan shall include goals and objectives for serving the state's existing and emerging workforce utilizing all state and federal workforce development programs. The board shall take into consideration the needs of all segments of the state's citizenry in establishing goals and training objectives, including the workforce needs of the state's employers.
(2) The strategic statewide employment and training plan shall be developed biennially and shall cover the subsequent, two (2) fiscal years. Said biennial plans shall be submitted on November 15. The biennial plan shall outline goals and objectives of the coordinated programs system, major priorities needed for the next two year (2) period, and policies and requirements necessary to meet those priorities. The board shall provide a funding plan necessary to achieve system priorities and serve the anticipated number of participants and shall identify the general revenue funds necessary to meet program needs, taking into account anticipated federal, private, and other sources of funds. The biennial plan shall incorporate the annual unified workforce development system report required pursuant to subsection (f) in those years in which both reports are due.
(3) The board shall develop and maintain a comprehensive inventory and analysis of workforce development activities in the state to support the biennial statewide employment and training plan. The analysis shall include, but not be limited to, an examination of the populations being served across the different employment and training and adult education programs across the state; the number of participants being served by these programs; the type of services provided; and the eligibility requirements of each of these programs. The analysis shall also identify the funding sources (all sources) used in these programs; the service providers within the state; as well as the range of services provided. The analysis shall also examine the employer role in workforce development activities, including, but not limited to, how employer needs are assessed, benefits employers receive for partnering with workforce development organizations, and the role employers play in developing programs and providing training.
(4) The board shall establish and convene an advisory group to assist in the development of this comprehensive inventory and analysis that consists of stakeholders and organizations with specific knowledge and expertise in the area of workforce development.
(5) All departments and agencies of the state shall furnish advice and information, documentary or otherwise, to the board and its agents as is deemed necessary or desirable by the board to facilitate the purposes of the board, including the development of the statewide, employment-and-training plan.
(6) Elements of the statewide employment and training plan established pursuant to subsection (a) of this section may inform the development of the state workforce investment plan required pursuant to § 42-102-6(d)(2)(i).
(b) Performance management and coordination of employment and training programs.
(1) The board shall establish statewide policies, definitions, objectives, goals, and guidelines for the coordination of all employment and training programs and related services and programs within the state, including:
(i) The state department of labor and training programs, sponsored under the Workforce Investment Act of 1998, Wagner-Peyser Act, 29 U.S.C. 49 et seq., the Trade Act of 200, and any other employment-related educational program administered by the state department of labor and training;
(ii) The state department of human services training programs sponsored under the Temporary Assistance to Needy Families, Title IV of the Social Security Act; the Supplemental Nutrition Assistance Program (SNAP) Employment and Training Program; Vocational Rehabilitation Act of 1973, and any other employment and training and related services and employment-related educational programs administered by the state's department of human services;
(iii) Employment and training programs sponsored under the Carl D. Perkins Vocational Education Act, 20 U.S.C. 2301 et seq., the Federal Adult Education Act, Title II of the Workforce Investment Act of 1998 and any other employment-related educational programs administered by the board of education;
(iv) The state department of corrections training programs for ex-offenders to help them reintegrate into the community and re-enter employment;
(v) Projects and services funded through the job development fund pursuant to § 42-102-6(e)(1);
(vi) All other employment and training and related services and employment-related educational programs, either presently existing or hereinafter established that are administered by any state agencies, departments, or councils; and
(vii) Programs included within subsections (b)(1)(i) through (b)(1)(vi) of this section shall be referred herein collectively as "the coordinated programs system".
(2) With respect to plans for employment and training programs sponsored under the federal Carl D. Perkins Vocational Education Act, 20 U.S.C. 2301 et seq., and any other employment-related educational programs administered by the board of education, the workforce board and board of education shall establish a process for the development and preparation of all these plans and the board of education shall approve the plan subject to review and comment by the workforce board; provided, however, that the responsibilities and duties of the board of education, as set forth in the general laws, shall not be abridged.
(3) With respect to plans for the Temporary Assistance to Needy Families Program, SNAP Employment and Training Program, Vocational Rehabilitation Services, and any other employment and training and related programs administered by the state's department of human services, the authority and responsibilities of the department as the single state agency under Titles IV-A, 42 U.S.C. 601 through 617, and IV-F, 42 U.S.C. 681 through 687 [repealed], of the Federal Social Security Act shall not be abridged.
(4) With respect to plans for training ex-offenders to help them reintegrate into the community and re-enter employment, and any other employment and training programs administered by the state's department of corrections, the responsibilities and duties of the department, as set forth in the general laws, shall not be abridged.
(5) The board shall review, comment on, or approve as appropriate all plans for employment and training within the coordinated-programs system. The board shall establish policies and performance goals for the coordinated-programs system. These policies and goals shall include, but not be limited to:
(i) Establishing and communicating uniform policies and consistent terms and definitions;
(ii) Gathering and distributing information from, and to, all agencies, departments, and councils within the coordinated-programs system;
(iii) Standardizing and coordinating program planning, evaluation, budgeting, and funding processes;
(iv) Recommending structural and procedural changes;
(v) Establishing performance goals and measurements for monitoring the effectiveness of the programs provided through the coordinated-programs system; and
(vi) Reconciling diverse agency, departmental, or council goals and developing priorities among those goals.
(c) Comprehensive system improvement plan.
(1) The 2015 unified workforce development system report required pursuant to § 42-102-6(f) and due on November 15, 2015 shall include an additional, comprehensive system-improvement plan to facilitate the seamless and coordinated delivery of workforce services in this state, consistent with the goals and objectives of the board's statewide employment and training plan. In developing the comprehensive, system-improvement plan, the board shall review the roles, responsibilities, and functions of all state employment-and-training programs. The study shall identify any gaps in the services provided by those programs; any barriers to integration and cooperation of these programs; and any other matters that adversely affect the seamless delivery of workforce-development systems in the state.
(2) The board shall include in the comprehensive, system-improvement plan:
(i) A list of specific barriers, whether structural, regulatory, or statutory, that adversely affect the seamless, and coordinated, delivery of workforce development programs and services in this state, as well as recommendations to overcome or eliminate these barriers; and
(ii) Recommendations for providing, at a minimum, board comment and review of all state employment and training programs, to ensure such programs are consistent with the board's statewide employment and training plan, and meet the current, and projected, workforce demands of this state, including programs that, pursuant to state or federal law or regulation, must remain autonomous.
(3) The recommendations developed by the board under subsection (c)(1) must identify the state agency or department that is responsible for implementing each recommendation; and include a time frame for the implementation of each recommendation. The governor may include such recommendations in his or her proposed budget the following fiscal year.
(d) Workforce investment act responsibilities.
(1) The board shall assume the duties and responsibilities of the state workforce investment board established pursuant to Executive Order 05-18 dated September 22, 2005, as outlined in subsection(c)(2).
(2) The board shall assist the governor and the general assembly in:
(i) Developing a state workforce investment plan for the purposes of the Workforce Investment Act of 1998 (WIA) and the Wagner-Peyser Act;
(ii) Actively promoting and coordinating private sector involvement in the workforce-investment system through the development of partnerships among state agencies, the business community, and the Board;
(iii) Ensuring that the current, and projected, workforce needs of Rhode Island employers inform and advise Rhode Island's education and workforce development system;
(iv) Providing oversight of local workforce-investment boards, whose primary role in the workforce investment system is to deliver employment, training, and related education services in their respective local area; and
(v) Developing a statewide system of activities that are funded under the WIA or carried out through the one-stop delivery system, including:
(A) Assuring coordination and non duplication among the programs and activities carried out by one-stop partners;
(B) Reviewing local workforce-investment plans;
(C) Designating local workforce-investment areas in accordance with federal law;
(D) Developing allocation formulas for the distribution of funds for adult employment and training activities and youth activities to local areas;
(E) Developing comprehensive state performance measures as prescribed by federal law, including state-adjusted levels of performance, to assess the effectiveness of the workforce-investment activities in the state;
(F) Preparing the annual report to the Secretary of Labor described in WIA;
(G) Developing the statewide employment statistics system;
(H) Developing an application for incentive grants;
(I) Carrying out the responsibilities of a local board as outlined in WIA; and
(J) Addressing any other issue requiring input from the board under the provisions of WIA.
(e) Job development fund responsibilities.
(1) The board shall allocate monies from the job-development fund for projects to implement the recommendations of the board consistent with the statewide employment and training plan established pursuant to § 42-102-6(a).
(f) Unified workforce development system report.
(1) The board shall produce and submit an annual, unified, workforce development system report to the governor, the speaker of the house, the president of the senate, and the secretary of state. The report shall be submitted annually on November 15. The report shall cover activity having taken place the preceding fiscal year ending June 30 and shall include:
(i) A fiscal and programmatic report for the governor's workforce board covering the previous fiscal year including:
(A) A summary of the board's activities and accomplishments during the previous fiscal year;
(B) A summary of clerical, administrative, professional, or technical reports received by the board during the previous fiscal year, if applicable;
(C) A briefing on anticipated activities in the upcoming fiscal year;
(D) A consolidated financial statement of all funds received, and expended, by the board, including the source of funds, during the previous fiscal year;
(E) A listing of any staff supported by these funds;
(ii) A unified, expenditure and program report for statewide employment and training programs and related services including:
(A) Expenditures by agencies for programs included in § 42-102-6(b)(1), including information regarding the number of individuals served by each program; demographic information by gender, race and ethnicity; outcome and program-specific performance information as determined by the board, and such other information as may be determined by the board, including, but not limited to, the attainment of credentials;
(2) Beginning November 15, 2015, program expenditures included in the unified, workforce-development-system report shall be categorized as administrative, program delivery, or other costs; the report shall further include information on the cost-per-individual served within each program, through a manner determined by the board;
(3) All state and local agencies, departments, or council or similar organizations within the coordinated-programs system, shall be required to provide the board with the information necessary to produce the unified workforce-development-system report.
42-102-7. Authority. -- (a) The council workforce
board ("board") shall have all authority necessary to
fulfill its responsibilities. The council
board shall adopt a mission statement,
goals and objectives, policies, and a biennial plan to accomplish the purposes
of this chapter. The council board shall have primary responsibility to
approve and certify all employment and training programs. To the extent that
there is a conflict between federal law and this section, federal law shall
prevail.
(b) The council
board shall develop policy and
procedures whereby those entities not meeting the goals and objectives of the
council may be sanctioned. In addition, the council
board shall also:
(1) Establish and publish standards for considering projects and awarding grants;
(2) Provide ongoing evaluation of each
project funded by the council board;
(3) Provide for fiscal and accounting controls to monitor and audit grants and awards; and
(4) Adopt by-laws consistent with this chapter, which by-laws shall include provisions for the creation of an audit committee and a governance committee.
(c) The board shall annually prepare and submit a proposed budget for the ensuing year for the governor's approval;
(d) The auditor general shall conduct annual audits of all financial accounts and any other audits that he or she shall deem necessary;
(e) The board shall ensure that, for those contracts or grants characterized as training or upgrading, the administrative expenses of the private or public entity awarded the contract or grant shall not exceed fifteen percent (15%) of the total contract or grant;
(f) The board may receive any gifts, grants, or donations made and to disburse and administer them in accordance with the terms thereof.
42-102-8. Application of other laws. -- The council workforce
board ("board") shall be subject to the provisions as
outlined in chapter 2 of title 38 ("Access to Public Records");
chapter 35 of this title ("Administrative Procedures"); and chapter
46 of this title ("Open Meetings"). In addition, the members of the council board
shall be subject to the provisions outlined in chapter 14 of title 36
("Code of Ethics").
42-102-10. State Career Pathways System. -- The human resource investment council workforce board ("board") shall establish support
and oversee a State Career Pathways System for the
purposes of increasing the skill level of Rhode Island workers in alignment
with industry needs statewide efforts to
develop and expand career pathways that enable individuals to secure employment
within a specific industry or occupational sector and to advance over time to
successively higher levels of education and employment in that sector.
Towards this purpose the council board shall establish
a task force of fifteen (15) members. Nine (9) members of the task force shall
be appointed by the governor from recommendations made by the human resource
investment council, two (2) of whom shall be representatives of the state
Industry Partnerships; two (2) of whom shall be representatives of the adult
education profession (one of which shall be a representative of the office of
Adult Education Services at the Rhode Island department of education); three
(3) of whom shall be persons who, because of vocation, employment or
affiliation, can be classified as employers; and two (2) of whom shall be
persons who, because of vocation, employment or affiliation, can be classified
as employees. The commissioner of higher education, the commissioner of
elementary and secondary education, the director of the department of labor and
training, the executive director of the economic development corporation and
the director of the community college of Rhode Island's center for workforce
and community education shall serve on the task force by virtue of their
respective positions. The governor shall also appoint a chair of the task force
to be chosen from amongst the membership of the human resource investment
council convene an advisory committee
comprised of representatives from business, labor, adult education, secondary
education, higher education, the department of corrections, the executive
office of health and human services, the office of library and information
services, community-based organizations, and the public workforce system.
The task force shall work in coordination with the
adult education committee of the human resource investment council to develop
and oversee the career pathways system.
42-102-11. State Work Immersion Program. -- (a) (1)
The council workforce
board ("board") shall develop a state, work-immersion
program and a non-trade, apprenticeship
program. For the purposes of this section,
work-immersion shall mean a temporary,
paid, work experience that provides a
meaningful learning opportunity and increases the employability of the
participant. The programs shall be designed in order to provide post-secondary
school students, recent college graduates,
and unemployed adults with a meaningful work experience, and to assist businesses employers
by training individuals for potential employment.
(2) Funding for the work immersion program
will be allocated from the job development fund account and/or from funds
appropriated in the annual appropriations act. Appropriated funds will match
investments made by businesses employers in providing meaningful work immersion
positions and non-trade apprenticeships.
(b) For each participant in the work
immersion program, the program shall reimburse eligible businesses employers
up to fifty percent (50%) of the cost of not more than two hundred (200) four
hundred (400) hours of work experience and during a period of ten
(10) weeks. If an eligible business employer hires a program participant at the
completion of such a program, the state may provide reimbursement for a total
of seventy-five percent (75%) of the cost of the work-immersion position.
(c) The council
board shall create a non-trade
apprenticeship program and annually award funding on a competitive basis to at
least one new initiative proposed and operated by the Ggovernor's
Wworkforce
Bboard
Iindustry
Ppartnerships.
This program shall meet the standards of apprenticeship programs defined
pursuant to section §28-45-9 of the
general laws. The council board shall present the program to the Sstate
Aapprenticeship Ccouncil, established pursuant to
chapter 28-45 of
title 28 of the general laws, for review and consideration.
(d) An eligible participant in programs established in subsections (b) and (c) must be at least eighteen (18) years of age and must be a Rhode Island resident. Provided, however, any non-Rhode Island resident, who is enrolled in a college or university located in Rhode Island, is eligible to participate while enrolled at the college or university.
(e) In order to fully implement the
provisions of this section, the council board is authorized to promulgate rules and regulations.
In developing rules and regulations, the council
shall consult with the Governor's Workforce Board. The rules and
regulations shall define eligible businesses that can participate in the
programs created by this section.
SECTION 5. Section 42-102-9 of the General Laws in Chapter 42-102 entitled "Rhode Island Human Resource Investment Council" is hereby repealed.
42-102-9. Powers and duties of the Rhode Island
human resource investment council -- Employment and training systems in the
state. -- (a) The council shall
establish statewide policies, goals, and guidelines for the coordination of all
employment and training programs and related services, and employment-related
training programs within the state, including:
(1) The
state department of labor and training programs sponsored under the Workforce
Investment Act of 1998, Wagner-Peyser Act, 29 U.S.C. section 49 et seq., the
Trade Act of 2002 and any other employment-related educational program
administered by the state department of labor and training;
(2) The
state department of human services training programs sponsored under the
Temporary Assistance to Needy Families, title IV of the Social Security Act;
the Supplemental Nutrition Assistance Program Employment and Training Program;
Vocational Rehabilitation Act of 1973 and any other employment and training and
related services and employment-related educational programs administered by
the state's department of human services;
(3)
Employment and training programs sponsored under the Carl D. Perkins Vocational
Education Act, 20 U.S.C. section 2301 et seq., the federal Adult Education Act,
Title II of the Workforce Investment Act of 1998 and any other
employment-related educational programs administered by the board of governors
for higher education, or the board of regents for elementary and secondary
education; and
(4) All
other employment and training and related services and employment-related
educational programs either presently existing or hereinafter established which
are administered by any state agencies, departments, or councils. Programs
included within subdivisions (1) -- (4) of this subsection shall be referred
herein collectively as "the coordinated programs system". Provided,
however, that the responsibilities and duties of the board of governors for
higher education or the board of regents for elementary and secondary
education, as set forth in the general laws, shall not be abridged.
(b) With
respect to plans for employment and training programs sponsored under the
federal Carl D. Perkins Vocational Education Act, 20 U.S.C. section 2301 et
seq., and any other employment-related educational programs administered by the
boards of governors for higher education or the board of regents for elementary
and secondary education, the council and applicable board shall establish a
process for the development and preparation of all these plans; and the
applicable board shall approve the plan subject to review and comment by the
council.
(c) With
respect to plans for the Temporary Assistance to Needy Families Program, SNAP
Employment and Training Program, Vocational Rehabilitation Services and any
other employment and training and related programs administered by the state's
department of human services, the authority and responsibilities of the
department as the single state agency under Titles IV-A, 42 U.S.C. sections 601
-- 617, and IV-F, 42 U.S.C. sections 681 -- 687 [repealed] of the federal
Social Security Act shall not be abridged.
(d) The
council shall review, comment on, or approve as appropriate all other plans for
employment and training within the coordinated programs system. The council
shall establish policies and performance goals for the coordinated programs
system. These policies and goals shall include, but not be limited to:
(1)
Establishing and communicating uniform policies;
(2)
Gathering and distributing information from and to all agencies, departments,
and councils within the coordinated programs system;
(3)
Standardizing and coordinating program planning, budgeting, and funding
processes;
(4)
Recommending structural and procedural changes;
(5)
Establishing performance goals and measurements for monitoring the
effectiveness of members of the coordinated programs system;
(6)
Reconciling diverse agency, departmental, or council goals and developing
priorities among those goals; and
(7) Producing
an annual Unified Workforce Development Expenditure and Program Report to be
submitted to the General Assembly beginning January 1, 2011 and covering
activity having taken place the preceding fiscal year ending June 30th.
Subsequent Unified Workforce Development Expenditure and Program Reports shall
be submitted annually on November 15. The report shall include, at a minimum,
expenditures by agencies for programs included in subdivisions
42-102-9(a)(1)(2)(3)(4), and shall show the number of individuals served by
each program, including demographic information by gender, race and ethnicity;
outcome information and such other information as may be determined by the
Human Resource Investment Council, including, but not limited to, attainment of
credentials.
(e) All
state and local agencies, departments, or council or similar organizations
within the coordinated programs system shall be required to provide the council
with the information necessary to produce the Unified Workforce Development
Expenditure and Program Report described in subdivision (7) and shall otherwise
cooperate with the council in the council's exercise of its authority under
subsections (b) -- (d).
(f) The
council or a sub-committee or adjunct of the council shall assume all duties and
responsibilities of the state job training coordination council required to be
established pursuant to the federal Job Training Partnership Act, 29 U.S.C.
section 1532 [repealed_.
(g) In
addition to the specific authority provided for herein, the council shall have
all other authority necessary for effective coordination and implementation of
the coordinated programs system.
(h) The
council shall biennially develop an employment and training plan for the state
to be submitted to the governor and the general assembly commencing March 15,
2012 and covering the subsequent two fiscal years. Subsequent biennial plans
shall be submitted on November 15. The biennial plan shall outline goals and
objectives of the coordinated programs system, major priorities needed for the
next two (2) year period, and policies and requirements necessary to meet those
priorities. The council shall provide a funding plan necessary to achieve
system priorities and to serve the anticipated number of participants and shall
identify the general revenue funds necessary to meet program needs, taking into
account anticipated federal, private and other sources of funds. The biennial
plan shall incorporate the annual Unified Workforce Development Expenditure and
Program Report in those years in which both reports are due.
(i) The
council shall develop and maintain a comprehensive inventory and analysis of
workforce development activities in the state to support the biennial report in
subsection 42-102-9(h). The analysis shall include, but not be limited to, an
examination of the populations being served across the different employment and
training and adult education programs across the state, the number of
participants being served by these programs, the type of services provided and
the eligibility requirements of each of these programs. The analysis shall also
identify the funding sources (all sources) used in these programs, the service
providers within the state, as well as the range of services provided. The
analysis shall also examine the employer role in workforce development
activities, including, but not limited to, how employer needs are assessed,
benefits employers receive for partnering with workforce development
organizations, and the role employers play in development and training.
(j) The
council shall establish and convene an advisory group to assist in the
development of the analysis that consists of stakeholders and organizations
with specific knowledge and expertise in the area of workforce development.
(k) All
departments and agencies of the state shall furnish advice and information,
documentary or otherwise to the council and its agents as is deemed necessary
or desirable by the council to facilitate the purposes of the council as
defined in subsection 42-109-9(i).
SECTION 6. Section 42-6.1-1 of the General Laws in Chapter 42-6.1 entitled "Governor's Commerce and Workforce Coordination Cabinet" is hereby amended to read as follows:
42-6.1-1. Creation -- Members. -- There is hereby established within the executive branch of state government a commerce and workforce coordination cabinet comprised of officials from state agencies with responsibility and oversight relating to economic and workforce development. The cabinet shall include, but not be limited to, the following members, upon his or her appointment: the secretary of commerce, the director of the economic development corporation, the director of the department of transportation, the director of the department of administration, the director of the division of revenue, the director of the department of human services, the commissioner of higher education, the commissioner of elementary and secondary education, the director of the department of business regulation, the director of the department of environmental management, the director of the department of labor and training, the director of the department of corrections, the chair of the governor's workforce board, or his or her designee, and the executive director of Rhode Island housing.
SECTION 7. This act shall take effect on February 1, 2015.
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LC006039
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