75th OREGON LEGISLATIVE ASSEMBLY--2009 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 833
 
                           A-Engrossed
 
                         House Bill 2398
                   Ordered by the House May 4
             Including House Amendments dated May 4
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Workforce and Economic Development)
 
 
                             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.
 
    { - Requires adoption of standards for certain workforce
development plans and submission of plans by local workforce
investment boards to State Workforce Investment Board. Instructs
Employment Department to provide assistance to local boards in
development of plans. - }
   { +  Creates Oregon Career Readiness Certification Program in
Department of Community Colleges and Workforce Development for
purpose of preparing Oregonians for workplace and college.
Directs department to develop and implement integrated workforce
delivery system that focuses on developing skills and talent.
  Creates program in department for purpose of making grants to
pilot projects that promote specified work experiences and
education for high school juniors and seniors. Establishes Youth
Employment Enhancement Fund. Continuously appropriates moneys in
fund to department for purpose of administering grant
program. + }
  Requires department   { - of Community Colleges and Workforce
Development to fund programs - }   { + to create and operate
program + } to reestablish summer work experience for certain
persons  { - , to establish short-term workforce transition
centers and to train skilled workers and retirees to become
college level instructors - }  { +  and to collect data on summer
work experience programs + }.
    { - Requires Employment Department to develop statewide
communication program targeted to inform persons in certain age
group about training opportunities for certain high wage careers
and to collect and publish data about programs designed to train
skilled workers in Oregon. - }
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to workforce development; creating new provisions;
  amending ORS 660.318; appropriating money; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1.  { + Sections 2, 3, 4 and 5 of this 2009 Act are
added to and made a part of ORS 660.300 to 660.339. + }
  SECTION 2.  { + (1) There is created in the Department of
Community Colleges and Workforce Development the Oregon Career
Readiness Certification Program to certify the workplace and
college readiness skills of Oregonians and to better prepare
Oregonians for continued education and workforce training,
successful employment and career advancement in a demand-driven,
skills-based economy.
  (2) Program services may be offered through public high
schools, community colleges, local and regional career centers,
education service districts and any other institutions determined
to be appropriate by the department.
  (3) Services provided by the program shall include, but are not
limited to:
  (a) An assessment process that identifies the proficiency level
of program participants in work-ready skills including, but not
limited to, reading, applied mathematics, locating information
and any additional skills determined by the department to be
necessary to meet business and industry skill demands;
  (b) Targeted instruction and remedial skills training to
provide work-ready skills in which program participants are not
proficient, as determined by the assessment process described in
paragraph (a) of this subsection, and that have been identified
by the department as work-ready skills required by local
employers;
  (c) Issuance of a career readiness certificate to program
participants who demonstrate proficiency in work-ready skills, as
determined by the assessment process described in paragraph (a)
of this subsection, and who satisfy any other requirements for
certification adopted by the department by rule; and
  (d) An online database that:
  (A) Serves as the repository for career readiness certificate
attainment data.
  (B) Provides online access to program data that enables
employers to determine the work skill proficiency level of
individual program participants and to locate certified
individuals on a statewide or regional basis.
  (C) Provides individual program participants the opportunity
for career exploration, continuing education, job readiness
practice and job searches.
  (D) Provides individual program participants the opportunity to
opt out of the database in accordance with rules adopted by the
department.
  (4) The Department of Community Colleges and Workforce
Development, after consultation with the State Workforce
Investment Board, the Department of Education and the State Board
of Education, shall adopt rules for the implementation and
administration of the program created under subsection (1) of
this section.
  (5) The Department of Community Colleges and Workforce
Development shall submit a report on program outcomes and
recommendations for improving and funding the program to the
appropriate interim legislative committees and to the Governor by
December 1 of each year. + }
  SECTION 3.  { + (1)(a) The Department of Community Colleges and
Workforce Development, in collaboration with the Employment
Department and the State Workforce Investment Board, shall
develop and implement a demand-driven, skills-based integrated
workforce delivery system focused on skills and talent
development.
  (b) The integrated workforce delivery system implemented under
paragraph (a) of this subsection must include, and the Department
of Community Colleges and Workforce Development shall maintain, a
workforce training inventory of prioritized occupations.
 
  (c) The Department of Community Colleges and Workforce
Development shall prioritize recommendations for the allocation
of workforce training resources by the integrated workforce
delivery system based on occupational prioritization data
developed by the Employment Department.
  (2) The Department of Community Colleges and Workforce
Development shall adopt rules necessary for the implementation
and administration of the integrated workforce delivery system
developed under subsection (1) of this section. + }
  SECTION 4.  { + (1)(a) There is created in the Department of
Community Colleges and Workforce Development a program to make
grants to pilot projects to promote hands-on experience and
education in the fundamentals and core competencies in
architecture, construction trades and engineering for high school
juniors and seniors.
  (b) Pilot projects funded by the program created under this
subsection shall be based on collaborative efforts between local
school districts, community colleges, business organizations and
labor organizations that provide participants the opportunity for
education and training in skills required to meet the workforce
development needs of local, regional and statewide employers.
  (c) The department may apply for and receive grants and gifts
from public and private sources to fund grants provided under
this section.
  (2) The program created under subsection (1) of this section
for making grants to pilot projects shall ensure that:
  (a) Local communities are informed about the availability of
the grants;
  (b) The pilot projects are geographically distributed
throughout Oregon;
  (c) Urban and rural participants have equal opportunity to
access quality educational opportunities;
  (d) Representatives of related, ongoing community efforts
assist in the implementation of architecture, construction trades
and engineering education and training; and
  (e) The program and timelines are designed to minimize barriers
to receiving funds.
  (3) When considering applications for grants, the program shall
give priority to pilot projects that:
  (a) Provide access for high school juniors and seniors to
architecture, construction trades and engineering education and
training through the efforts of local and regional career centers
and public-private consortia;
  (b) In combination with other projects receiving funds,
contribute to architecture, construction trades and engineering
education and training opportunities in every part of the state;
  (c) Use private and federal funds;
  (d) Facilitate sharing of resources through public-private
partnerships including collaboration among local school
districts, community colleges, business organizations and labor
organizations;
  (e) Have a long-term strategic plan and lack only the necessary
financial resources;
  (f) Help students connect education and training with career
planning and job opportunities through local and regional career
centers implemented under the federal Workforce Investment Act;
  (g) Provide articulated secondary and post-secondary education
programs that are designed to lead to a degree or
industry-specific skills certification; and
  (h) Establish short-term training programs that meet the
immediate needs of local and regional employers.
  (4)(a) The department shall include in the program created
under subsection (1) of this section a process for the
certification of instructors for the program to provide education
and practical experience in architecture, construction trades and
engineering.
  (b) The department shall adopt by rule requirements for the
certification of instructors described in paragraph (a) of this
subsection.
  (c) Notwithstanding the requirements adopted under paragraph
(b) of this subsection, a person qualified to serve as an
instructor in a state-recognized apprenticeship program is
qualified for certification as an instructor for projects
implemented under this section. + }
  SECTION 5.  { + There is established in the State Treasury,
separate and distinct from the General Fund, the Youth Employment
Enhancement Fund. Moneys in the fund are appropriated
continuously to the Department of Community Colleges and
Workforce Development for the purposes of section 4 of this 2009
Act. + }
  SECTION 6. ORS 660.318 is amended to read:
  660.318. (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 660.339, 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)(a) Subject to the availability of funds from the
federal Workforce Investment Act, the Department of Community
Colleges and Workforce Development shall create and operate a
summer youth employment program that reestablishes meaningful
summer work experience for persons between the ages of 14 and 24
and that meets the requirements for funding under the federal
Act.
  (b) Programs funded under this subsection:
  (A) Must include representatives of the business community in
the planning, implementation and evaluation of the program.
  (B) May provide for private and public sector employment
opportunities.
  (C) Shall be managed by local workforce investment boards in a
manner that coordinates regional state-sponsored youth work
experience programs.
  (c) Local workforce investment boards responsible for managing
programs created under this subsection shall provide training for
business, labor and education leaders in use of best practices
that assure positive summer work experiences for participants.
  (3) The Department of Community Colleges and Workforce
Development shall collaborate with the State Workforce Investment
Board and local workforce investment boards to collect data on
summer work experience programs that identify successful summer
work experiences and allow for the identification and
dissemination of promising practices.
  (4) The department, in consultation with the State Workforce
Investment Board, may adopt rules pursuant to ORS chapter 183 to
implement this section. + }
    { - (2) The department, in consultation with the State
Workforce Investment Board, may adopt rules pursuant to ORS
chapter 183 to implement this section. - }
  SECTION 7.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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