71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 4052
A-Engrossed
House Bill 3835
Ordered by the House May 22
Including House Amendments dated May 22
Sponsored by Representative SIMMONS; Representatives BUTLER,
PATRIDGE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Provides that Economic and Community Development
Department is designated state agency for Workforce Investment
Act. - }
{ + Modifies provisions implementing federal Workforce
Investment Act of 1998. Modifies number and categories of members
on State Workforce Investment Board. Requires that customers of
one-stop delivery system be given reports about training programs
and their success rates. Specifies responsibilities of local
workforce investment boards. Modifies responsibilities of
Education and Workforce Policy Advisor and regional workforce
committees. Modifies authority of Director of Employment
Department to enter into contracts related to federal Workforce
Investment Act. Makes related changes.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to Workforce Investment Act; creating new provisions;
amending ORS 285A.443, 285A.446, 285A.455, 285A.458, 285A.516,
285A.519, 285B.650, 285B.743, 285B.752, 326.370, 329.855,
329.965, 329.975, 344.760, 411.920, 411.926, 411.929, 411.932,
411.935, 418.658, 461.740, 657.337, 657.345, 657.350, 657.610
and 657.710; repealing ORS 285A.449, 285B.765, 329.945, 329.960
and 411.923; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 326.370 is amended to read:
326.370. { + (1) + } The Department of Community Colleges and
Workforce Development shall function under the direction and
control of the State Board of Education with the Commissioner for
Community College Services serving as an administrative officer
for community college matters.
{ + (2) The Department of Community Colleges and Workforce
Development, in consultation with the Education and Workforce
Policy Advisor and pursuant to ORS 183.310 to 183.550, may adopt
any rules necessary for the administration of laws related to the
federal Workforce Investment Act that the department is charged
with administering. + }
SECTION 2. { + Notwithstanding any other provision of law, ORS
285A.440, 285A.443 and 285A.446 shall not be considered to have
been added to or made a part of ORS chapter 285A for the purpose
of statutory compilation, for the application of definitions,
penalties or administrative provisions, or for any other
purpose. + }
SECTION 3. { + ORS 285A.440, 285A.452, 285A.455, 285A.458,
285A.461, 411.920, 411.926, 411.929, 411.932 and 411.935 are
added to and made a part of ORS 285A.443 to 285A.449 but not to
ORS chapter 285A. + }
SECTION 4. ORS 285A.443 is amended to read:
285A.443. As used in ORS 285A.443 to 285A.449:
{ + (1) 'Chief elected official' means a county commissioner,
a county judge or the mayor of the City of Portland. + }
{ - (1) - } { + (2) + } 'Department' means the Department
of Community Colleges and Workforce Development.
{ + (3) 'Federal Act' or 'federal Workforce Investment Act '
means the federal Workforce Investment Act of 1998 (enacted as
P.L. 105-220 and codified as 29 U.S.C. 2801 et seq.).
(4) 'Local workforce investment area' means the City of
Portland or a county when the city or county has been designated
as a local workforce investment area under ORS 411.929. 'Local
workforce investment area' may include two or more counties that
have joined together to form a local workforce investment area
and that have been designated as a local workforce investment
area under ORS 411.929.
(5) 'Local workforce investment board' means a board
established pursuant to section 2832 of the federal Workforce
Investment Act of 1998. + }
{ - (2) - } { + (6) + } 'Participant' means a person
receiving { - training in programs conducted - }
{ + services + } under { + Title I-B of + } the federal
{ - Job Training Partnership Act (29 U.S.C. 1501) - }
{ + Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.) + }.
{ - (3) - } { + (7) + } 'Participant records' means records
relating to matters such as grades, conduct, personal and
academic evaluations, results of psychometric testing,
counseling, disciplinary actions, if any, and other personal
matters.
{ + (8) 'Title I-B' means the adult, dislocated worker and
youth programs delivered under the federal Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.). + }
SECTION 5. ORS 411.920 is amended to read:
411.920. (1) { - (a) - } It is the policy of the State of
Oregon that implementing an integrated workforce investment
system will help workers take responsibility for building a
better future for themselves and their families.
{ - (b) - } { + (2) + } A workforce investment system
should be a consumer-driven system, accountable and responsive to
the needs of employers and job seekers.
{ - (c) - } { + (3) + } To build on current workforce
models and remain in compliance with the federal Workforce
Investment Act of 1998
{ - (P.L. 105-220) - } , Oregon must maximize local flexibility
consistent with statewide goals and must preserve business, labor
and community involvement in state and local governing boards.
{ - (d) - } { + (4) + } To implement the federal Act,
Oregon must apply the necessary workforce resources to carry out
its assigned responsibilities and must delegate accountability
and authority, as allowed under the federal Act, to each
governing entity of the workforce investment system.
{ - (e) - } { + (5) + } These objectives can be
accomplished under the auspices of a State Workforce Investment
Board and local workforce investment boards that enlist the views
of a diverse group of business, labor, community, education and
government leaders to develop a strategic plan for workforce
development in Oregon.
{ - (f) - } { + (6) + } The strategic plan should provide
for the development of a comprehensive, consumer-driven
employment and career development system that meets the needs of
all members of the workforce, including those entering the
workforce for the first time, those in transition to employment
and those currently employed who are seeking to enhance their
skills for continued career advancement.
{ - (2) ORS 411.920 to 411.935 are intended to implement
Title I of the federal Workforce Investment Act of 1998 (P.L.
105-220). - }
SECTION 6. ORS 411.926 is amended to read:
411.926. (1) A State Workforce Investment Board shall be
{ - newly - } created under section { - 111(b) and (c) - }
{ + 2821(b) and (c) + } of the Workforce Investment Act of 1998
{ - (P.L. 105-220) - } to assist in the development of the
State Unified Workforce Plan established under ORS 411.929 and to
carry out the other functions described by the federal Act.
(2) The board shall consist of:
(a) The Governor;
(b) Two members of the House of Representatives appointed by
the Speaker of the House of Representatives and two members of
the Senate appointed by the President of the Senate;
{ - and - }
(c) { - Thirty-two - } { + Thirty-four + } members
appointed by the Governor and confirmed by the Senate in the
manner prescribed under ORS 171.562 and 171.565, such members to
include:
(A) { - Nineteen - } { + Twenty + } representatives of
business from both urban and rural areas who:
(i) Are owners of businesses, chief executive officers or chief
operating officers of businesses, or other business executives or
employers with ultimate policymaking or hiring authority,
including members of local workforce investment boards { + and
including at least one representative who is or has been the
chairperson of a local workforce investment board + };
(ii) Represent businesses with employment opportunities that
reflect the employment opportunities of this state; and
(iii) Are appointed from among individuals nominated by state
business organizations and business trade associations;
(B) Two chief elected officials;
(C) Two representatives of labor organizations, who have been
nominated by a state labor federation;
(D) Two representatives of individuals or organizations that
have experience with respect to youth activities;
(E) Two representatives of individuals or organizations that
have experience and expertise in the delivery of workforce
investment activities, including chief executive officers of
community colleges or community-based organizations within this
state;
(F) The following { - four - } { + five + } representatives
of public workforce development agencies:
(i) The Director of the Employment Department;
(ii) The Director of Human Services;
(iii) The Director of the Economic and Community Development
Department; { - and - }
(iv) The Commissioner for Community College Services; and { +
(v) The Chancellor of the State Board of Higher Education;
and + }
(G) One additional member described in subparagraph (B), (C) or
(D) of this paragraph { + ; and
(d) Additional members appointed by the Governor as necessary
in order to comply with applicable federal law + }.
(3) The Governor shall select a chairperson from among the
representatives of business { - described in - }
{ + appointed under + } subsection (2)(c)(A) { + or (d) + } of
this section.
{ + (4) A majority of the board shall be representatives of
business appointed under subsection (2)(c)(A) or (d) of this
section. + }
{ - (4) - } { + (5) + } To transact business at a meeting
of the board, a quorum of members must participate. A quorum
shall consist of a majority of the members. At least 25 percent
of the members participating must be representatives of business
{ - described in - } { + appointed under + } subsection
(2)(c)(A) { + or (d) + } of this section.
{ - (5) The board shall report to the Governor and the
Legislative Assembly by October 15, 2000, on the status of
implementation of the federal Act. In its report the board
shall: - }
{ - (a) Make recommendations, as appropriate, to increase
service delivery effectiveness and administrative efficiencies;
and - }
{ - (b) Propose policies to avoid conflicts of interest or
the appearance of conflicts of interest by clearly separating the
development of state policy by members of the board from the
delivery and funding of services at the local level through the
statewide workforce investment system. - }
SECTION 7. ORS 411.932 is amended to read:
411.932. (1) The State Workforce Investment Board shall advise
the Governor as required under section { - 112 - } { +
2821 + } of the Workforce Investment Act of 1998 { - (P.L.
105-220) - } and on matters pertaining to the use of funds under
section { - 134 - } { + 2864 + } of the federal Act.
(2) As a part of the core services required by section
{ - 134(d)(2)(E)(i) - } { + 2864(d)(2)(E)(i) + } of the
federal Act, the one-stop delivery system, as described in
section { - 134(c) - } { + 2864(c) + } of the federal Act,
shall provide timely listings of all job opportunities,
consistent with statute or rule, to a participant immediately
upon application by the participant for services offered by the
one-stop delivery system.
(3) Intensive services offered by the one-stop delivery system
may include drug and alcohol rehabilitative services.
(4) Local workforce investment boards shall determine whether
funds will be used as provided in section { - 134(e)(3) - }
{ + 2864(e)(3) + } of the federal Act.
(5) Participants may receive training in accordance with
section { - 134 - } { + 2864 + } of the federal Act. In
addition, a participant who is employed in a subsidized or
unsubsidized job and who needs training may receive an individual
training account that allows the participant to choose among
training providers, except as provided in section
{ - 134(d)(4)(G)(ii) - } { + 2864(d)(4)(G)(ii) + } of the
federal Act.
(6) Any funds expended under ORS { - 411.920 to 411.935 - }
{ + 285A.443 to 285A.449 + } shall be { + from funds + }
appropriated by the Legislative Assembly { + or within any
expenditure limitations placed on federal funds by the
Legislative Assembly + }.
SECTION 8. ORS 411.935 is amended to read:
411.935. (1) The State Workforce Investment Board { + and
local workforce investment boards + } shall ensure that Oregon's
one-stop delivery system { - , known as the Oregon Career
Network, - } under the federal Workforce Investment Act of 1998
{ - (P.L. 105-220) - } is the foundation of local service
delivery to employers and participants.
(2) One-stop partners shall include, but are not limited to,
those described in section { - 121 - } { + 2841 + } of the
federal Act and programs referenced under section
{ - 121(b)(1) - } { + 2841(b)(1) + } and (2) of the federal
Act.
(3) This section does not restrict the authority of local
workforce investment boards to select providers and one-stop
operators, or to set goals or policies, under the federal Act.
SECTION 9. { + Sections 10 to 12 of this 2001 Act are added to
and made a part of ORS 285A.443 to 285A.449 but not to ORS
chapter 285A. + }
SECTION 10. { + (1) The designated state agency and state
level fiscal agent for the federal Workforce Investment Act of
1998 (P.L. 105-220) shall provide customers of the one-stop
delivery system with reports containing information about the
performance of training providers and programs in each local
area.
(2) In order for customers to have choices in deciding the
training program that best fits their needs and the organization
that best provides that service, and in order for customers to
have information about how well training providers succeed in
preparing people for jobs, the reports shall include information
about:
(a) Training programs and the organizations that provide the
programs; and
(b) The success rate of the programs in preparing people for
jobs.
(3) The reports shall present the information in a manner that
allows a customer to easily understand the options that are
available in choosing a program of training services. + }
SECTION 11. { + (1) To implement and oversee state
implementation of Title I-B, the Department of Community Colleges
and Workforce Development may:
(a) Receive federal youth activities funds allotted to this
state by the Secretary of Labor pursuant to Title I-B and
allocate those funds that are not reserved according to an
allocation formula recommended by the State Workforce Investment
Board and approved by the Governor.
(b) Receive federal adult employment and training activities
funds allotted to this state by the Secretary of Labor pursuant
to Title I-B and allocate those funds that are not reserved
according to an allocation formula recommended by the State
Workforce Investment Board and approved by the Governor.
(c) Receive federal dislocated worker funds allotted to this
state by the Secretary of Labor pursuant to Title I-B and
allocate those funds that are not reserved according to an
allocation formula recommended by the State Workforce Investment
Board and approved by the Governor.
(d) Establish a procedure for use by local workforce investment
boards to identify eligible providers of training services
according to section 2864 of the federal Act and to maintain the
list of providers identified as eligible by the boards in all
local workforce investment areas in this state.
(e) Receive the comprehensive strategic plan developed and
implemented by each local workforce investment board and review
the plan, with input from representatives of state and local
workforce programs, to determine if the plan meets the
requirements of section 2833 of the federal Act and state policy.
(f) Approve the plans, after review by the State Workforce
Investment Board, that are found to meet the requirements of
Title I-B and review and approve any amendments to the plans.
(g) Carry out the required and allowable activities described
in section 2864 of the federal Act with the advice of the
Education and Workforce Policy Advisor.
(h) Pursuant to ORS 285A.446, establish procedures to maintain
the confidentiality of the names and records of participants in
workforce programs for which the department is responsible,
including circumstances under which the names and records may be
disclosed.
(i) Establish a method to set performance standards for the
Secretary of Labor as required under section 2871 of the federal
Act.
(j) Perform planning functions related to Title I-B programs
and performance reporting.
(2) The department, in consultation with the State Workforce
Investment Board, may adopt rules pursuant to ORS 183.310 to
183.550 to implement this section. + }
SECTION 12. { + (1) In accordance with section 2832 of the
federal Act, each local workforce investment board shall:
(a) Consistent with section 2833 of the federal Act, in
partnership with the chief elected official for the local area
involved, develop and submit a local plan to the Governor.
(b) Consistent with section 2841(d) of the federal Act, with
the agreement of the chief elected official, designate or certify
one-stop operators as described in section 2841(d)(2)(A) of the
federal Act and may terminate for cause the eligibility of such
operators.
(c) Consistent with section 2843 of the federal Act, identify
eligible providers of youth activities in the local area and
award grants or contracts on a competitive basis to those
providers, based on recommendations of a youth council.
(d) Consistent with section 2842 of the federal Act, identify
eligible providers of training services described in section
2864(d)(4) of the federal Act.
(e) Subject to the approval of the chief elected official,
develop a budget for the purpose of carrying out the duties of
the local workforce investment board under section 2832 of the
federal Act.
(f) In partnership with the chief elected official, provide
oversight of local programs of youth activities authorized under
section 2854 of the federal Act, local employment and training
activities authorized under section 2864 of the federal Act and
the one-stop delivery system in the local area.
(g) With the chief elected official and the Governor, negotiate
and reach agreement on local performance measures as described in
section 2871(c) of the federal Act.
(h) Coordinate the workforce investment activities authorized
under the federal Act and carried out in the local area with
economic development strategies and develop other employer
linkages with such activities.
(i) Promote the participation of private sector employers in
the statewide workforce investment system and ensure the
effective provision, through the system, of connecting, brokering
and coaching activities, through intermediaries such as the
one-stop operator in the local area or through other
organizations, to assist such employers in meeting hiring needs.
(2) In order to maintain the statewide workforce investment
system that consists of regional workforce committees and to meet
the requirements of the federal Act:
(a) A local workforce investment board representing a local
workforce investment area according to the Governor's designation
pursuant to section 2831 of the federal Act meets the
requirements of a regional workforce committee under ORS
285A.458.
(b) A strategic plan submitted by a local workforce investment
board pursuant to section 2833 of the federal Act meets the
strategic plan requirement for the workforce region in ORS
285.458. + }
SECTION 13. ORS 285A.446 is amended to read:
285A.446. (1) All participant records maintained by the local
{ - service delivery area providers - } { + workforce
investment boards + } or any public or private agency involved in
{ - Job Training Partnership Act - } { + Title I-B + }
programs shall be confidential and except as provided in ORS
285A.443 to 285A.449 shall be open for inspection only in
accordance with such rules as the Department of Community
Colleges and Workforce Development shall adopt.
(2) A participant may provide written consent for the
examination or release of any record pertaining to the
participant.
(3) All information contained in participant files shall be
available for inspection by the participant, and the
participant's parent or legal guardian if the participant is
under 18 years of age. Participant behavioral records shall be
released only in the presence of an individual qualified to
explain or interpret the records.
(4) The department may adopt rules to provide the circumstances
under which participant names or records may be made available
for inspection when:
(a) Ordered by a court of competent jurisdiction.
(b) Necessary to protect the health or safety of a participant
or another.
(c) Necessary to provide information to state and local
agencies administering ORS chapters 418 and 657 { + , other
programs under the federal Workforce Investment Act of 1998 and
other mandatory programs under this state's one-stop service
delivery system + }.
(d) Necessary for program staff work or studies of a
statistical or demographic nature.
(e) Necessary to carry out the planning and coordinating
functions between state and local agencies { - required by - }
{ + under Title I-B of + }the federal { - Job Training
Partnership Act (29 U.S.C. 1501), as amended, and the Job
Training Partnership Act section of the Department of Community
Colleges and Workforce Development - } { + Workforce Investment
Act, other applicable state laws or those functions assigned by
the Education and Workforce Policy Advisor + }.
SECTION 14. ORS 411.929 is amended to read:
411.929. (1) The State Workforce Investment Board shall develop
and submit to the Governor a single, unified state plan that
outlines a five-year strategy, with quantitative goals, for the
statewide workforce investment system for the State of Oregon in
accordance with section { - 112 - } { + 2821 + } of the
{ + federal + } Workforce Investment Act of 1998 { - (P.L.
105-220) - } . Upon the Governor's approval of the state plan,
the Governor shall cause the State Unified Workforce Plan to be
delivered to the Legislative Assembly.
(2) The board shall develop and include in the state plan goals
designed to promote Oregonians' self-sufficiency. In addition to
requirements under the federal Act regarding wage and other
goals, the state plan shall include quantifiable goals that will
empower Oregonians to gain independence from public assistance
and move up the socioeconomic ladder.
(3) The board shall assist the Governor in:
(a) Developing Oregon's workforce investment system;
(b) Ensuring timely consultation and collaboration with chief
elected officials, local workforce investment boards and other
workforce stakeholders, including but not limited to business and
labor organizations;
(c) Reviewing local workforce plans;
(d) Developing, as required by the federal Act, allocation
formulas for the distribution of funds to local workforce
investment areas for adult employment and training activities and
for youth activities that are developed by the local workforce
investment boards;
(e) Recommending the duties and responsibilities of state
agencies to implement the federal Act, to avoid conflicts of
interest and to capitalize on the experience developed by
workforce partners who are efficient and effective at meeting the
requirements of the federal Act;
(f) Participating in the development of a coordinated statewide
system of activities and services that includes both mandatory
and optional partners of the one-stop delivery system, as
provided in the federal Act;
(g) Providing for the development, accountability and
continuous improvement of comprehensive workforce performance
measures to assess the effectiveness of the workforce investment
activities in this state;
(h) Developing a statewide employment statistics system, as
described in section 15(e) of the Wagner-Peyser Act (29 U.S.C.
49L-2(e)); and
(i) Preparing an annual report and submitting it to the United
States Department of Education, the United States Department of
Health and Human Services and the United States Department of
Labor.
(4) The board, in partnership with the Governor, shall
establish criteria for use by chief elected officials in
appointing members to local workforce investment boards in
accordance with the requirements of section { - 117 - } { +
2832 + } of the { + federal + } Workforce Investment Act of
1998 { - (P.L. 105-220) - } . The board shall establish the
following requirements:
(a) To transact business at a meeting of a local workforce
investment board, a quorum of members must participate. A quorum
shall consist of a majority of the members. At least 25 percent
of the members participating must be representatives of business
described in ORS 411.926 (2)(c)(A).
(b) When appropriate and upon a request from the chief elected
official of a county or the City of Portland, the { + State
Workforce Investment + } Board shall consider the county or the
City of Portland to be a candidate for designation as a local
workforce investment area. The board shall consult with the
county or the City of Portland before designating it as a local
workforce investment area. After considering the criteria in
section { - 116 - } { + 2831 + } of the federal Act for
designating local workforce investment areas, chief elected
officials may submit a request to the board to combine their
units of government into a local workforce investment area. The
board shall make recommendations to the Governor about the
designation of local workforce investment areas. Only the
Governor may designate local workforce investment areas. The
Governor must show just cause for not designating a requested
local workforce investment area. A county or the City of Portland
may submit an appeal to the board, as provided in section
{ - 116 - } { + 2831 + } of the federal Act, if the Governor
does not grant the county's or the city's request to designate a
local workforce investment area.
(5) The board shall provide guidance and direction to local
workforce investment boards in the development of local workforce
plans. The { + State Workforce Investment + } Board shall adopt
policies that:
(a) Require each local workforce investment board, in
partnership with its chief elected officials and in accordance
with section { - 118 - } { + 2833 + } of the federal Act, to
develop and submit to the Governor and the board a strategic
five-year local workforce plan that includes, but is not limited
to, performance goals; and
(b) Permit each local workforce investment board, in
consultation with its chief elected officials:
(A) To determine, consistent with the requirements of the
federal Act, the appropriate level of services based on the
workforce needs in the local workforce investment area; and
(B) To certify local one-stop operators.
SECTION 15. ORS 285A.455 is amended to read:
285A.455. (1) The Governor shall be responsible for a
coordinated and comprehensive response to education and workforce
issues. The Governor shall appoint an Education and Workforce
Policy Advisor, who serves at the pleasure of the Governor. The
advisor shall, with the advice of such advisory committees as may
be appointed or assigned, advise the Governor on policy, planning
and coordination for education and workforce development in
Oregon.
(2) The duties of the advisor shall include:
(a) Guiding the development of state-level policy related to
education and workforce issues;
(b) Providing general direction and serving as a liaison
between state and local efforts in education, training and
workforce development; { - and - }
(c) Ensuring, through collaboration with the leadership of
{ + local workforce investment boards and + } regional
workforce committees, the alignment of statewide { + , local + }
and regional strategic plans, and the periodic reporting of
performance in the implementation of such plans { + ; and
(d) Consulting with local workforce investment boards and
regional workforce committees on the development and
implementation of a workforce performance measurement system + }.
(3) In the performance of duties, the advisor shall
collectively involve state agencies, including but not limited
to:
(a) The Department of Education;
(b) The State System of Higher Education;
(c) The Economic and Community Development Department;
(d) The Department of Community Colleges and Workforce
Development;
(e) The Employment Department;
(f) The Department of Human Services;
(g) The Bureau of Labor and Industries;
(h) The Department of Corrections;
(i) The Oregon Student Assistance Commission; and
(j) The Teacher Standards and Practices Commission.
(4) The advisor shall seek input from key interested parties to
help guide policy development, including but not limited to
representatives of:
(a) Businesses and industry organizations;
(b) Labor and labor organizations;
(c) Local education providers;
(d) Local government;
(e) Student, teacher, parent and faculty organizations;
(f) Community-based organizations;
(g) { - Private industry councils and other - }
Public-private partnership organizations;
(h) Independent nonprofit and proprietary post-secondary
colleges and schools; and
(i) Regional workforce committees { + , local workforce
investment boards + } and regional { - strategy - } { +
investment + } boards.
(5) The advisor shall meet, on a regularly scheduled basis,
with the { + local workforce investment boards, + } regional
workforce committees and such others as necessary to ensure that
local interests are represented. The advisor shall seek input,
advice and feedback on policy issues affecting state, regional
and local education and workforce development from interested
parties and other committees formed under ORS 285A.452 to
285A.461.
(6) Pursuant to ORS 183.310 to 183.550, the advisor may adopt
rules necessary to carry out the duties of the advisor.
SECTION 16. ORS 285A.458 is amended to read:
285A.458. (1) The Governor shall { - create and maintain - }
{ + designate + } regional workforce committees to advise
{ + the Governor, local workforce investment boards that
represent federally recognized workforce areas containing
multiple regions, and county elected officials + } on regional
and local needs for workforce development { - , - } { + . The
committees shall also + } { - to - } prepare plans for
achieving regional goals and { - to - } coordinate the
provision of services within regions. The committees shall have
private and public sector members. However, a majority of the
members of each committee shall represent the private sector and
include business and labor representatives. The chairperson of
each committee shall be a private sector member and be elected by
the committee.
(2) The private sector committee members shall play a critical
role in workforce development, including but not limited to:
(a) Identifying current and future workforce needs;
(b) Providing feedback on public sector programs;
(c) Assisting public agencies in changing programs to be more
effective in meeting private sector needs; and
(d) Being a partner in addressing workforce needs.
(3) Private sector members of a committee created under this
section shall be appointed by county commissioners and, in the
region that includes the City of Portland, the Mayor of Portland.
The members of the committee shall reflect the broadest feasible
representation from the groups described in ORS 285A.455 (4)(a)
to (h).
(4) The public sector representatives on the committee are
representatives who receive resources and deliver education and
workforce programs within the labor market area. Public sector
members shall include the broadest feasible representation from,
but not be limited to, the following:
(a) The Adult and Family Services Division of the Department of
Human Services;
(b) School districts, education service districts, community
colleges, state institutions of higher education and Oregon
Health Sciences University;
(c) The Vocational Rehabilitation Division of the Department of
Human Services;
(d) The Economic and Community Development Department and local
economic development entities;
(e) The Employment Department;
(f) The { - Job Training Partnership Act local administrative
entity - } { + federal Act programs + }; and
(g) Other public sector partners.
(5) A { - local - } region { - individually - } may
recommend to the Governor an alternate structure for its regional
committee, based on { - local - } { + regional + }
determination and mutually agreed to by the current public and
private sector members of the regional workforce committee and
the { - local - } { + chief + } elected officials. The
alternate structure must retain a private sector chairperson,
appointments of the private sector members as provided in
subsection (3) of this section, and substantive public and
private sector and other stakeholder participation through
formalized methods, such as standing committees.
(6) A regional workforce committee shall develop and implement
a strategic { + five-year regional workforce + } plan that
responds to the current and future workforce needs of the
{ - local - } { + regional + } labor market.
(7) The strategic { + five-year regional workforce + } plan
shall:
(a) Consider the supply and demand outlook for the region;
(b) Identify and prioritize initiatives and resources, both
public and private, to meet the { - local - } { +
regional + } workforce needs;
(c) Articulate and include the coordination of both public and
private resources in addressing the workforce needs and goals;
and
(d) Ensure the most appropriate use of resource investments.
(8) The regional workforce committee shall create or enhance
the workforce program delivery system to meet the strategic
priorities of the region { + and any strategic priorities of a
federally recognized workforce area that includes that
region + }.
(9) Within each region, or within overlapping regions, regional
workforce committees { + , local workforce investment boards + }
and regional { - strategy - } { + investment + } boards shall
coordinate their planning efforts to ensure that the strategic
efforts and resource allocation of economic and workforce
development of an area are consistent. Regional workforce
committees and regional { - strategy - } { + investment + }
boards will extend opportunities to other entities engaged in
economic and workforce development programs and services to
participate in their joint or integrated strategic planning.
{ + (10)(a) A local workforce investment board that
represents a multiregional workforce area shall hold regional
workforce committees in the area accountable for any policy and
operational responsibilities under 2832(d) of the federal Act
that is delegated to the committees in accordance with state
policy and local workforce investment board policy.
(b) A regional workforce committee within a multiregional
workforce area is accountable to the local workforce investment
board for any policy and operational responsibilities carried out
under the federal Act on behalf of the board.
(c) As it relates to regional responsibilities under this
section, a regional workforce committee may, through a vote of
the committee, determine the methodology for delegating the
responsibilities of the regional workforce committee to a local
workforce investment board representing the multiregional
workforce area. + }
SECTION 17. { + (1) The amendments to ORS 285A.458 by section
16 of this 2001 Act are intended to change the name of the
regional strategy boards to the regional investment boards.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the regional
strategy boards, wherever they occur in Oregon Revised Statutes,
other words designating the regional investment boards. + }
SECTION 18. ORS 285A.516 is amended to read:
285A.516. The { - Job Training Partnership Act section of
the - } Department of Community Colleges and Workforce
Development is the state agency that shall be notified when an
employer is required to provide written notice of a plant closing
or mass layoff under section 3 of the Worker Adjustment and
Retraining Notification Act (P.L. 100-379).
SECTION 19. ORS 285A.519 is amended to read:
285A.519. (1) The Department of Community Colleges and
Workforce Development shall notify employers subject to the
Worker Adjustment and Retraining Notification Act (P.L. 100-379)
that
{ - the Job Training Partnership Act section of - } the
Department of Community Colleges and Workforce Development is the
state agency that must be notified when they are required to
provide notice of a plant closing or mass layoff under the Worker
Adjustment and Retraining Notification Act (P.L. 100-379).
(2) When notifying employers as provided in subsection (1) of
this section, the department shall provide employers with a
statement of the programs, projects, expenditures and other forms
of assistance the department and other state agencies can provide
to communities, employers and workers affected by a plant closing
or mass layoff.
SECTION 20. ORS 285B.650 is amended to read:
285B.650. As used in ORS 285B.650 to 285B.728, unless the
context requires otherwise:
(1) 'Business firm' means a person operating or conducting one
or more trades or businesses but does not include any
governmental agency, municipal corporation or nonprofit
corporation.
(2) 'Eligible business firm' means a firm engaged in an
activity described under ORS 285B.707 which may file an
application for precertification under ORS 285B.719.
(3) 'Employee' means a person who works more than 32 hours per
week, but does not include persons with temporary or seasonal
jobs or persons hired solely to construct qualified property.
(4) 'Enterprise zone' means one of the 30 areas designated or
terminated and redesignated by order of the Governor under ORS
284.160 (1987 Replacement Part) before October 3, 1989, one of
the 17 areas designated by the Director of the Economic and
Community Development Department under ORS 285B.653, areas
designated under ORS 285B.677 and areas designated under ORS
285B.689.
(5) 'First-source hiring agreement' means an agreement between
a precertified business firm and a publicly funded job training
provider whereby the job training provider refers qualified
candidates to the firm for new jobs and job openings in the firm.
(6) 'Modification' means modernization, renovation or
remodeling of an existing building or structure.
(7) 'Nonurban enterprise zone' means an enterprise zone located
outside a regional or metropolitan urban growth boundary.
(8) 'Precertified business firm' means an eligible business
firm whose application for precertification has been approved
under ORS 285B.719 and which may apply for a property tax
exemption under ORS 285B.722.
(9) 'Publicly funded job training provider' includes but is not
limited to { - , - } community colleges, { - Job Training
Partnership Act - } service providers { + under the federal
Workforce Investment Act Title I-B (29 U.S.C. 2801 et seq.) + },
and other similar programs.
(10) 'Qualified business firm' means a business firm described
in ORS 285B.704 whose application for a property tax exemption
has been approved under ORS 285B.722.
(11) 'Qualified property' means property described under ORS
285B.713.
(12) 'Sponsor' means the city or county that applied for and
received approval of an enterprise zone under ORS 284.150 and
284.160 (1987 Replacement Part), under ORS 285B.656 and 285B.659,
under ORS 285B.677 or 285B.686 or under ORS 285B.689.
(13) 'Urban enterprise zone' means an enterprise zone in a
metropolitan statistical area, as defined by the most recent
federal decennial census, located inside a regional or
metropolitan urban growth boundary.
SECTION 21. ORS 285B.743 is amended to read:
285B.743. (1) Any individual or business firm may file with the
Economic and Community Development Department an application to
borrow money from the Oregon Entrepreneurial Development Loan
Fund as provided in ORS 285B.740 to 285B.758. The application
shall be filed in such a manner and contain or be accompanied by
such information as the department may require.
(2) Upon receipt of an application under this section, the
Economic and Community Development Department shall determine
whether the applicant is eligible to receive a loan under ORS
285B.139 { - , - } { + and + } 285B.740 to 285B.758 { - and
285B.765 - } . If the department determines that an applicant is
not eligible to receive a loan, the department shall:
(a) Reject the application with a written statement of the
reason for that rejection; or
(b) Require the applicant to submit additional information
concerning the application as may be necessary.
SECTION 22. ORS 285B.752 is amended to read:
285B.752. An applicant who receives an entrepreneurial
development loan under ORS 285B.740 to 285B.758 may apply for
another such loan. Notwithstanding the limit set forth in ORS
285B.749 (2), the maximum aggregate amount that may be loaned to
a single applicant under ORS 285B.139 { - , - } { + and + }
285B.740 to 285B.758
{ - and 285B.765 - } is $40,000.
SECTION 23. ORS 329.855 is amended to read:
329.855. (1) The Department of Education, the Department of
Community Colleges and Workforce Development and the State System
of Higher Education in consultation with the Education and
Workforce Policy Advisor shall develop comprehensive education
and training programs in accordance with ORS 329.475 for two-year
to six-year academic professional technical indorsements,
associate degrees and baccalaureate degrees.
(2) There may be established a process for industrial
certification and a sequence of advanced certification that could
be obtained throughout a person's career.
(3) Work groups, including teachers, community members and
representatives of business and labor, may be appointed to offer
specialized information concerning knowledge and skill
requirements for occupations.
(4) No fewer than six broad career categories shall be
identified, with additional categories added in future years. The
education and training curriculum and achievement standards for
each occupation and trade selected for students to achieve
indorsements, associate degrees or baccalaureate degrees in the
occupational categories selected shall be developed and available
for school districts, community colleges and other training
sites.
(5) In addition to academic content, the curriculum developed
for indorsements, associate degrees and baccalaureate degrees
shall ensure that every student has the option of a high quality
career related course of study that provides the student with
experience in and understanding of future career choices. Career
related studies shall include a structured series of real or
simulated activities that in combination with rigorous academic
studies shall simultaneously prepare students for further
education, lifelong learning and employment. These activities
shall include but not be limited to:
(a) Job shadowing;
(b) Workplace mentoring;
(c) Workplace simulations;
(d) School based enterprises;
(e) Structured work experiences;
(f) Cooperative work and study programs;
(g) On-the-job training;
(h) Apprenticeship programs; or
(i) Other school-to-work opportunities.
(6) In considering where a student can most effectively and
economically obtain the knowledge and skills required for the
indorsement or post-secondary study, the Education and Workforce
Policy Advisor may recommend integrating 2 + 2 Programs,
{ - the Job Training Partnership Act program, - }
apprenticeship programs and any other state or federal job
training program.
(7) Until full statewide implementation, school districts are
encouraged to use Certificate of Advanced Mastery programs that
are currently being developed, but modified, if necessary, to
best fit their students' and community's needs.
SECTION 24. ORS 329.965 is amended to read:
329.965. (1) There is established the Interagency Shared
Information System. The purpose of the system is to collect and
share information for the development of statistical and
demographic data to facilitate the creation of strategies to
improve the education, training and quality of Oregon's
workforce. The system shall share aggregate information with a
state agency to allow the agency to develop policy, evaluate
policy and plan and measure performance.
(2) The Employment Department shall administer the Interagency
Shared Information System. The Education and Workforce Policy
Advisor shall oversee the development, implementation and
monitoring of the system.
(3) Every agency or program that receives funding under
sections 125 and 129, chapter 765, Oregon Laws 1993, and the
Department of Corrections and the Department of Consumer and
Business Services shall provide information to the Interagency
Shared Information System. Information shall be provided by the
agency or program in a format that encodes identifying data,
including the client's social security number, using a formula
unique to the agency or program that shall not be disclosed to
the system. The information in the system is a public record.
However, the system is not the custodian of the information for
purposes of ORS 192.410 to 192.505. If a state agency described
in this subsection prepares or acquires a record that is
confidential under federal or state law, including ORS 192.502
(2), the state agency does not violate confidentiality laws by
providing the information described in this section.
Notwithstanding the provisions of ORS 279.355 (3), 279.359 (3),
285A.446 and 657.665, the Bureau of Labor and Industries,
{ - the Job Training Partnership Act section of - } the
Department of Community Colleges and Workforce Development and
the Employment Department are authorized to provide information
to the Interagency Shared Information System.
(4) A state agency shall not allow public access to information
received from the system that identifies a particular individual
unless required by law. Any officer or employee of any of the
participating agencies who, without proper authority, shall
disclose confidential information under this section thereafter
may be disqualified from holding any appointment or employment
with the State of Oregon. The Employment Department shall adopt
by rule procedures to prevent disclosure of confidential
information submitted to the system.
SECTION 25. ORS 329.975 is amended to read:
329.975. (1) When expended for grants to programs described in
ORS 329.950 { - and 329.960 (2) - } , grant moneys shall be
matched in the manner described in subsections (2) and (3) of
this section.
(2) In any biennium, each state agency administering a grant
program described in ORS 329.950 { - and 329.960 (2), - }
shall be required to secure matching funds, on a
dollar-for-dollar basis, for not less than 75 percent of the
total amount reserved by law for the program for that biennium.
(3) An applicant for a grant from a program described in ORS
329.950 { - and 329.960 (2), - } shall be required to match,
on a dollar-for-dollar basis, the amount of the grant. However,
the agency administering the program may exempt the applicant
from the 100 percent matching requirement when the agency
determines that the grant applicant is undergoing economic
hardship and that the purposes of ORS 329.905 to 329.975 will be
more readily accomplished by a lower matching requirement. In any
biennium, the total amount of exemptions provided to grant
applicants under this subsection shall not exceed 25 percent of
the amount reserved by law for a program for that biennium.
(4) In determining whether a grant applicant is undergoing
economic hardship for the purposes of this section, a state
agency shall consider:
(a) An applicant's ability to match the grant amount based on
both the assessed value per student, if applicable, and the
actual expenditure per student;
(b) The proportion or other measure of economically
disadvantaged persons residing within the district or area of the
applicant; and
(c) The level of unemployment in the district or area of the
applicant.
(5) A state agency shall credit an applicant's matching funds
in an amount that does not exceed 100 percent of the amount of
the grant given to the applicant. Moneys of an applicant that are
available to operate { - programs - } { + a program + }
described in ORS 329.950
{ - and 329.960 (2), - } and that exceed 100 percent of the
grant sought or given to the applicant shall not be available for
use as matching funds by any other applicant.
SECTION 26. ORS 344.760 is amended to read:
344.760. The Legislative Assembly finds that:
(1) It is in the state's interest to ensure coordination of the
various groups providing adult literacy services within
communities.
(2) The demands created by new technologies and foreign
competition have intensified the need for a literate workforce.
(3) Community colleges are the major providers of adult
literacy to Oregon communities through adult basic education,
General Educational Development (GED) and reading, tutoring and
pre-employment skills classes.
(4) Community colleges present the opportunity of a statewide
network able to link libraries, { - providers of Job Training
Partnership Act services - } { + providers of workforce
development services + }, community schools, volunteer literacy
groups and other providers of literacy services and resources.
SECTION 27. ORS 418.658 is amended to read:
418.658. (1) The program director of the Oregon Youth
Conservation Corps shall establish a separate program known as
the Oregon Community Service Corps. In addition to the
established purposes of the Oregon Youth Conservation Corps, the
purpose of the Oregon Community Service Corps is to promote
community service activities throughout the state for a broad
cross section of Oregon disadvantaged and at-risk youth through
programs that also include appropriate educational and job
training opportunities for participants.
(2) In addition to projects submitted under ORS 418.660 (1),
projects of the Oregon Community Service Corps may include, but
shall not be limited to:
(a) Child care services.
(b) Elderly and disabled care services.
(c) Literacy education programs.
(d) Recycling and other waste reduction services.
(3) The Oregon Community Service Corps shall offer employment
and educational opportunities of at least three but not more than
12 months' duration for selected participants.
(4) Under rules adopted by the program director, participants
who successfully complete any 12-month program under this section
shall be eligible for $1,500 in tuition vouchers that can be used
at any career school or post-secondary educational institution
that is qualified to receive assistance through the Oregon
Student Assistance Commission.
(5) All Oregonians who are at least 16 years of age and under
25 years of age are eligible to participate in the program. To
ensure that Oregon Community Service Corps participants represent
a broad cross section of Oregonians, special emphasis shall be
given to recruiting high school dropouts and other disadvantaged
and at-risk youth, according to criteria established by the
Oregon Youth Conservation Corps Advisory Committee.
(6) To the extent practicable, the program director shall
enlist state and federal agencies, local government, nonprofit
organizations, and private businesses, and any combination of
such entities, to act as sponsors for programs administered under
this section. Selection of sponsors shall be based on criteria
that include the following:
(a) The availability of other resources on a matching basis,
including contributions from private sources, other federal,
state and local agencies, and moneys available through the
{ - Job Training Partnership Act (P.L. 97-300, as amended, 29
U.S.C. 1501 et seq.) - } { + federal Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.) + };
(b) The provision of related educational and job training
programs to participants, including but not limited to high
school and college coursework, General Educational Development
(GED) tests equivalency training, project-related education and
professional training;
(c) Assurances that proposed projects will not displace
existing employees or duplicate existing private or government
programs; and
(d) Assurances that proposed projects are devoted to the
enhancement of the community and are not based in maintenance
activities and that these projects meet an identified need.
(7) In consultation with the advisory committee, the program
director shall make grants for programs administered under this
section.
SECTION 28. ORS 461.740 is amended to read:
461.740. (1) It is the policy of the State of Oregon that any
firm receiving benefit from state lottery-funded programs should
undertake a good faith effort to hire and retain as employees
low-income individuals who have received job training assistance
from publicly funded job training providers.
(2) The Economic and Community Development Department may
require any firm receiving benefit from state lottery-funded
programs the department administers to enter into a first-source
hiring agreement with publicly funded job training providers.
(3) Publicly funded job training providers shall coordinate
their services and establish an agreement outlining the process
by which they will respond to firms receiving benefit. This
agreement shall be submitted to the department for its review and
approval.
(4) As used in this section:
(a) 'Firm receiving benefit' means any business that benefits
directly or substantially from any program financed by state
lottery funds and is certified as such a firm by the state agency
that administers the lottery-funded program.
(b) 'First-source hiring agreement' means an agreement between
a firm receiving benefits and a publicly funded job training
provider whereby the job provider refers qualified candidates to
the firm for new jobs and job openings, excluding professional,
managerial, technical and seasonal positions which the Director
of the Economic and Community Development Department determines
cannot be filled by persons likely to be referred by publicly
funded job training providers.
(c) 'Publicly funded job training provider' includes, but is
not limited to, community colleges, { - Job Training
Partnership Act - } service providers { + under the federal
Workforce Investment Act Title I-B (29 U.S.C. 2801 et seq.) + }
and other similar programs.
SECTION 29. ORS 657.337 is amended to read:
657.337. (1) The state's economic stability is often threatened
when workers are being displaced from the workforce and the
workers and their families face hardship and serious social and
health problems.
(2) The policy of the state is to promote workforce development
by providing eligible dislocated workers with unemployment
compensation and related benefits while they are receiving
professional technical training so that they can continue to care
for their families and obtain employment.
(3) The Employment Department and { - the Job Training
Partnership Act section of - } the Department of Community
Colleges and Workforce Development will implement the necessary
strategies, systems and structures which will provide
consolidated, streamlined delivery of these services to
dislocated workers.
(4) It is the policy of the state to encourage the movement of
workers into higher wage jobs.
(5) It is the policy of the state to make the best use of
currently existing service delivery vehicles, training programs
and assessment devices to provide services to eligible dislocated
workers.
(6) In order to assist eligible dislocated workers to continue
or complete professional technical training, individuals who meet
the requirements of ORS 657.335 to 657.360 are eligible for
supplemental benefits as provided in ORS 657.340, except that the
total amount of benefits payable from the Unemployment
Compensation Trust Fund shall not exceed $12 million, for the
biennium beginning July 1, 1995.
SECTION 30. ORS 657.345 is amended to read:
657.345. (1) Individuals who are identified as dislocated
workers under the { - procedures of Title III of the Job
Training Partnership Act, as amended by the Economic Dislocation
and Worker Adjustment Act (P.L. 100-418) - } { + federal
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) + },
and { - its - } implementing regulations, and who attend
training programs identified under the Act shall be considered to
be in approved professional technical training. The training
shall be for occupations or skills for which there are or are
expected to be reasonable employment opportunities in the area or
in another area to which the individual is willing to relocate or
which relate to the development of a self-employment enterprise
for which there is reasonable opportunity for success.
(2) In approving professional technical training for eligible
dislocated workers who do not attend training programs identified
in subsection (1) of this section, the Director of the Employment
Department shall require:
(a) That the professional technical training relates to an
occupation or skill for which there are, or are expected to be,
reasonable employment opportunities in this state or relates to
the development of a self-employment enterprise for which there
is a reasonable opportunity for success.
(b) That the individual has the qualifications and aptitudes to
successfully complete such professional technical training.
SECTION 31. ORS 657.350 is amended to read:
657.350. The Director of the Employment Department, in
consultation with { - the Job Training Partnership Act section
of - } the Department of Community Colleges and Workforce
Development, shall promulgate rules as necessary for the
administration of ORS 657.335 to 657.360, including but not
limited to procedures for approval, undertaking periodic reviews
for continued approval, or for disapproval of professional
technical training for an individual.
SECTION 32. ORS 657.610 is amended to read:
657.610. The Director of the Employment Department may:
(1) For purposes of administration and control, and with the
approval of the Governor, organize and reorganize the department
in whatever manner the director considers appropriate to carry
out the duties, functions and powers of the department.
(2) Appoint all subordinate officers and employees of the
department, whether classified or unclassified, and prescribe
their duties and compensation, subject to applicable provisions
of the State Personnel Relations Law.
(3) Delegate to departmental officers and employees such
responsibility and authority as the director determines
necessary.
(4) Determine all questions of general policy and promulgate
rules and regulations and be responsible for the administration
of this chapter.
(5) Sue and be sued in the name of the director, and shall have
a seal { - which shall bear - } { + bearing + } the name of
the Employment Department.
(6) Adopt proper rules to regulate the mode and manner of all
investigations.
(7) Prescribe the time, place and manner of making claims for
benefits under this chapter, the kind and character of notices
required thereunder and the procedure for investigating and
deciding claims.
{ + (8) Enter into contracts relating to the federal
Workforce Investment Act deemed necessary by the director to
fulfill the mission of the department. The director may enter
into contracts with other states or governments, public bodies or
persons to provide or receive services. Contracts entered into by
the director shall be executed in the name of the state, by and
through the Employment Department. + }
SECTION 33. ORS 657.610, as amended by section 138, chapter
849, Oregon Laws 1999, is amended to read:
657.610. The Director of the Employment Department may:
(1) For purposes of administration and control, and with the
approval of the Governor, organize and reorganize the department
in whatever manner the director considers appropriate to carry
out the duties, functions and powers of the department.
(2) Appoint all subordinate officers and employees of the
department, whether classified or unclassified, and prescribe
their duties and compensation, subject to applicable provisions
of the State Personnel Relations Law.
(3) Delegate to departmental officers and employees such
responsibility and authority as the director determines
necessary.
(4) Determine all questions of general policy and promulgate
rules and regulations and be responsible for the administration
of this chapter.
(5) Sue and be sued in the name of the director, and shall have
a seal { - which shall bear - } { + bearing + } the name of
the Employment Department.
(6) Adopt proper rules to govern proceedings and to regulate
the mode and manner of all investigations and hearings before
hearing officers appointed by the director.
(7) Prescribe the time, place and manner of making claims for
benefits under this chapter, the kind and character of notices
required thereunder and the procedure for investigating and
deciding claims.
{ + (8) Enter into contracts relating to the federal
Workforce Investment Act deemed necessary by the director to
fulfill the mission of the department. The director may enter
into contracts with other states or governments, public bodies or
persons to provide or receive services. Contracts entered into by
the director shall be executed in the name of the state, by and
through the Employment Department. + } { + + }
SECTION 34. ORS 657.710 is amended to read:
657.710. (1) The Director of the Employment Department shall
establish and maintain such free public employment offices,
{ - subject to any contract, agreements or obligations entered
into or assumed under chapter 135, Oregon Laws 1935, - }
including such branch { + or affiliate + } offices { + , + } as
may be necessary for the proper administration of this
chapter { + and for participation in Oregon's workforce
investment system + }. { - The director shall maintain a
division for this purpose. - }
{ + (2) The director may enter into such contracts or
memoranda of understanding with designated workforce investment
system partners, including but not limited to other states and
governments, government entities, state agencies, units of local
government, intergovernmental entities, community colleges and
persons, as appropriate to administer the workforce investment
system.
(3) The director may enter into contracts or memoranda of
understanding to share confidential information as authorized
under federal law and regulations for purposes of a national
performance accounting system, including receiving and making
available wage records to the extent the wage records are
required by another state to carry out that state's workforce
investment system performance plan.
(4) + } All moneys made available by or received by the state
for the Oregon State Employment Service shall be paid to and
expended from the Unemployment Compensation Administration Fund.
{ - (2) - } { + (5) + } Each public agency shall provide to
the director timely information pertinent to all existing job
vacancies over which the public agency exercises employment
control and for which there will be open recruitment. Such
information shall be made available to the public by the
director. As used in this subsection { + , + } 'public agency'
has the meaning { - provided for - } { + given + } that term
in ORS 279.011.
SECTION 35. { + The Job Training Partnership Act section of
the Department of Community Colleges and Workforce Development is
abolished. + }
SECTION 36. { + (1) There are imposed upon, transferred to and
vested in the Department of Community Colleges and Workforce
Development all the duties, functions and powers of the Job
Training Partnership Act section of the Department of Community
Colleges and Workforce Development.
(2) There are transferred to the department all the supplies,
materials, equipment, records, books, papers and facilities of
the section.
(3) The department shall maintain all the records and other
documents from the administration of the federal Job Training
Partnership Act that are required to be retained under federal
and state law. + }
SECTION 37. { + Any moneys in the Oregon Dislocated Worker
Fund on the effective date of this 2001 Act are transferred to
the Department of Community Colleges and Workforce Development
Account. + }
SECTION 38. { + ORS 285A.449, 285B.765, 329.945, 329.960 and
411.923 are repealed. + }
SECTION 39. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
----------