Chapter 242 Oregon Laws 2005

AN ACT

SB 187

Relating to State Workforce Investment Board; amending ORS 660.315, 660.321 and 660.324.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 660.321 is amended to read:

660.321. (1) A State Workforce Investment Board shall be created under section 2821(b) and (c) of the Workforce Investment Act of 1998 to assist in the development of the State Unified Workforce Plan established under ORS 660.324 and to carry out the other functions described by the federal Act.

(2) The membership of the board shall be in accordance with the requirements of section 2821(b) of the federal Act. [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;]

[(c) 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) 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 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;]

[(iv) The Commissioner for Community College Services; and]

[(v) The Chancellor of the Oregon University System; 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) Representatives of business described in section 2821(b)(1)(C)(i) of the federal Act who are appointed to the board shall be confirmed by the Senate in the manner prescribed under ORS 171.562 and 171.565.

[(3)] (4) The Governor shall select a chairperson [from among the representatives of business appointed under subsection (2)(c)(A) or (d) of this section] in accordance with the requirements of section 2821(c) of the federal Act.

[(4)] (5) A majority of the board shall be representatives of business, [appointed under subsection (2)(c)(A) or (d) of this section] as described in section 2821(b)(1)(C)(i) of the federal Act.

(6) Members of the Legislative Assembly appointed to the board are nonvoting members of the board and may act in an advisory capacity only.

[(5)] (7) To transact business at a meeting of the board, a quorum of voting members must participate. A quorum shall consist of a majority of the voting members. At least 25 percent of the members participating [must be] shall be representatives of business, [appointed under subsection (2)(c)(A) or (d) of this section] as described in section 2821(b)(1)(C)(i) of the federal Act.

SECTION 2. ORS 660.324 is amended to read:

660.324. (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 2821 of the federal Workforce Investment Act of 1998. 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;

(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 2832 of the federal Workforce Investment Act of 1998. 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, as described in [ORS 660.321 (2)(c)(A)] section 2821(b)(1)(C)(i) of the federal Act.

(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 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 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 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 3. ORS 660.315 is amended to read:

660.315. (1) The Governor shall 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 prepare plans for achieving regional goals and 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;

(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 660.312 (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 Department of Human Services;

(b) School districts, education service districts, community colleges, state institutions of higher education and Oregon Health and Science University;

(d) The Employment Department;

(e) The federal Act programs; and

(f) Other public sector partners.

(5) A region may recommend to the Governor an alternate structure for its regional committee, based on regional determination and mutually agreed to by the current public and private sector members of the regional workforce committee and the 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 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 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 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 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.

Approved by the Governor June 16, 2005

Filed in the office of Secretary of State June 16, 2005

Effective date January 1, 2006

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