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 832
House Bill 2399
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 as
introduced.
Modifies duties of State Workforce Investment Board, Department
of Community Colleges and Workforce Development, and Education
and Workforce Policy Advisor. Specifies members and terms of
board. Requires board to develop statewide plan for workforce
development, make recommendation for workforce development
investment funding, conduct biennial review of local workforce
development programs and approve local plans. Requires certain
workforce development programs to submit plans to board for
approval.
A BILL FOR AN ACT
Relating to workforce development; creating new provisions;
amending ORS 660.306, 660.312, 660.315, 660.318, 660.321 and
660.324; and repealing ORS 660.309.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 660.306 is amended to read:
660.306. (1) The Legislative Assembly finds that { + : + }
{ - all Oregonians should benefit from the advantages of
Oregon's growing economy. The responsiveness and flexibility of
providers of education and workforce development services are
critical to the continued success of Oregon's economy.
Involvement of key interested parties in identifying current and
future workforce needs will be critical to matching the needs of
the workplace and economy with the development of trained
workers. Therefore, it is hereby declared the policy of the state
to support and promote the best possible education, training and
employment for its citizens through effective statewide policy,
planning, coordination and service delivery. - }
{ + (a) The health of Oregon's economy is fundamentally
linked to the health of industry sectors and the availability of
a skilled workforce;
(b) An effective workforce development system integrates public
education, job training and employment efforts and provides
workforce training aligned with industry demands; and
(c) The involvement of industry in identifying current and
future workforce needs is necessary to the development of
programs that will prepare workers with the specific skill sets
required by existing and emerging industries. + }
{ - (2) It is the purpose of ORS 660.306, 660.312 and 660.315
to provide advisory and technical services under the executive
direction of the Governor to support the efforts of state
government: - }
{ - (a) To integrate education and workforce development by
coordinating the contributions of participating segments and
providers; - }
{ - (b) To achieve and maintain excellence in education,
training and employment; and - }
{ - (c) To connect education to social and economic
commitments generally and workforce development in
particular. - }
{ - (3) The Legislative Assembly further finds that the
statewide workforce development and education coordinating
functions established in ORS 660.306, 660.312 and 660.315 include
job creation and economic development activities within the
meaning of section 4 (3), Article XV of the Oregon
Constitution. - }
{ + (2) The Legislative Assembly declares that it is the
policy of this state to establish a coordinated workforce
development system to provide to Oregonians the best possible
education, training and employment opportunities that are
consistent with existing and emerging industry demands. + }
SECTION 2. ORS 660.321 is amended to read:
660.321. (1) A State Workforce Investment Board { - shall be
created under - } { + is established in conformity with + }
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. { + The
board shall consist of 19 voting members and two nonvoting
members as follows:
(a) The Governor;
(b) The Chancellor of the Oregon University System;
(c) The Commissioner of the Bureau of Labor and Industries;
(d) The Commissioner for Community College Services;
(e) The Director of the Economic and Community Development
Department;
(f) The Director of the Employment Department;
(g) The Superintendent of Public Instruction;
(h) Ten members who represent business, appointed by the
Governor;
(i) Two members who represent labor organizations, appointed by
the Governor; and
(j) One member from each house of the Legislative Assembly who
serve in an advisory capacity and are nonvoting members. The
member from the House of Representatives shall be appointed by
the Speaker of the House of Representatives. The member from the
Senate shall be appointed by the President of the Senate.
(3) The term of office for the members appointed by the
Governor is four years. A member appointed by the Governor serves
at the pleasure of the Governor. Before the expiration of the
term of a member, the Governor shall appoint a successor whose
term begins on the expiration of the term of the member who is
being replaced. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term. + }
{ - (3) - } { + (4) + } 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.
{ - (4) - } { + (5) + } The Governor shall select a
chairperson in accordance with the requirements of section
2821(c) of the federal Act.
{ - (5) - } { + (6) + } A majority of the { + voting
members of the + } board shall be representatives of business, 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. - }
(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 shall be representatives of business, as
described in section 2821(b)(1)(C)(i) of the federal Act.
SECTION 3. { + Notwithstanding the term of office specified in
ORS 660.321, of the:
(1) Ten representatives of business first appointed to the
State Workforce Development Board after the effective date of
this 2009 Act:
(a) Three shall serve for a term ending January 1, 2012;
(b) Three shall serve for a term ending on January 1, 2013; and
(c) Four shall serve for a term ending on January 1, 2014.
(2) Two labor representatives first appointed to the State
Workforce Development Board after the effective date of this 2009
Act:
(a) One shall serve for a term ending on January 1, 2013; and
(b) One shall serve for a term ending on January 1, 2014. + }
SECTION 4. { + Section 5 of this 2009 Act is added to and made
a part of ORS 660.300 to 660.339. + }
SECTION 5. { + References in ORS 660.300 to 660.339 to the '
federal Act' or 'federal Workforce Investment Act' + } { + shall
be construed to refer to the federal Act as it is in effect on
the effective date of this 2009 Act. + }
SECTION 6. ORS 660.312 is amended to read:
660.312. (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 { + ,
but are not limited to + }:
(a) { - Guiding the development of state-level policy related
to education and workforce issues; - } { + Serving as
administrator of the State Workforce Investment Board;
(b) Assisting the board and the Governor in the administration
of ORS 660.300 to 660.339;
(c) Supervising the staff of the board; + }
{ - (b) - } { + (d) + } Providing general direction and
serving as a liaison between state and local efforts in
education, training and workforce development; { + and
(e) Performing other duties as may be assigned to the advisor
by the Governor. + }
{ - (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 Oregon University System; - }
{ - (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) 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 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 660.306, 660.312
and 660.315. - }
{ - (6) Pursuant to ORS chapter 183, the advisor may adopt
rules necessary to carry out the duties of the advisor. - }
SECTION 7. 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) - } { + (e) + } 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) The department, in consultation with the State Workforce
Investment Board, may adopt rules pursuant to ORS chapter 183 to
implement this section.
SECTION 8. ORS 660.324 is amended to read:
660.324. (1) { + In order to coordinate workforce development
planning in a manner that targets workforce development
investments in the highest priority job sectors, and to
effectively administer state and federal workforce
investments, + } the State Workforce Investment Board shall
develop and submit to the Governor a single, unified state plan
that outlines a 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 - }
{ + :
(a) Define unmet workforce needs in Oregon.
(b) Establish goals for workforce development activities,
including, but not limited to:
(A) Overall goals for workforce development.
(B) Goals designed to promote Oregonians' self-sufficiency.
(C) + } 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 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 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 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. - }
{ + (5) The duties of the board include but are not limited
to:
(a) Guiding the development of state-level policy related to
education and workforce issues;
(b) 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;
(c) Consulting with local workforce investment boards and
regional workforce committees on the development and
implementation of a workforce performance measurement system; and
(d) Additional duties assigned to the board by the Governor.
(6) In the performance of duties, the board shall collectively
involve state agencies, including but not limited to:
(a) The Department of Education;
(b) The Oregon University System;
(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.
(7) The board 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) 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 investment boards.
(8) The board shall meet, on a regularly scheduled basis, with
the local workforce investment boards, regional workforce
committees and others as necessary to ensure that local interests
are represented. The board 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 660.306, 660.312 and 660.315. + }
SECTION 9. { + Section 10 of this 2009 Act is added to and
made a part of ORS 660.300 to 660.339. + }
SECTION 10. { + The State Workforce Investment Board shall:
(1) Provide guidance and direction to local workforce
investment boards in the development of local workforce plans.
The 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 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.
(2) 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.
(3)(a) Approve the plans that are found to meet the
requirements of Title I-B.
(b) Provide a written explanation of the deficiencies of plans
that are rejected and a timeline for submitting amendments to a
rejected plan.
(c) Review and approve amendments to plans.
(4) 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.
(5) Establish a method to set performance standards for the
Secretary of Labor as required under section 2871 of the federal
Act.
(6) Perform planning functions related to Title I-B programs
and performance reporting. + }
SECTION 11. { + Sections 12 and 13 of this 2009 Act are added
to and made a part of ORS 660.300 to 660.339. + }
SECTION 12. { + (1)(a) The State Workforce Investment Board
shall conduct a biennial comprehensive review of workforce
development program performance and budgets.
(b) The board shall report the results of the review required
by this subsection to the Legislative Assembly in the manner
specified in ORS 192.245.
(2) Workforce development programs seeking state or federal
funding must submit a proposed program budget and data supporting
the proposed budget to the board in the time and manner
established by the board by rule.
(3) After evaluating all proposed workforce development program
budgets and supporting data submitted to the board, the board
shall make a system-wide recommendation for workforce development
investment funding to the Governor and the Legislative Assembly.
(4)(a) The board shall adopt by rule criteria that must be met
by workforce development programs for consideration for inclusion
in the budget review process.
(b) Eligible programs include, but are not limited to:
(A) Programs with the objective of training or retraining
workers, preparing students for careers and placement of
dislocated workers.
(B) Adult vocational programs, occupational skills training
programs, on-the-job and workplace training programs, career
technical education programs and apprenticeship programs.
(C) Workforce development programs provided by the agencies
specified in ORS 660.324 (6).
(D) Federally funded workforce development programs.
(E) Other programs receiving state or federal funds and
designated by the Legislative Assembly to be workforce
development programs. + }
SECTION 13. { + Pursuant to ORS chapter 183, the board shall
adopt rules necessary to carry out the duties of the board. + }
SECTION 14. 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;
(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 { - 660.312
(4)(a) to (h) - } { + 660.324 (7)(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;
(c) The Economic and Community Development Department and local
economic development entities;
(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 regional workforce plan that responds to the current
and future workforce needs of the regional labor market.
(7) The strategic 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.
SECTION 15. { + ORS 660.309 is repealed. + }
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