Chapter 1019 Oregon Laws
1999
Session Law
HB 2989
Relating to state agencies.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Policy; intent. (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) A workforce investment
system should be a consumer-driven system, accountable and responsive to the
needs of employers and job seekers.
(c) 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) 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) 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) 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) Sections 1 to 6 of this
1999 Act are intended to implement Title I of the federal Workforce Investment
Act of 1998 (P.L. 105-220).
SECTION 2. Definitions. As used in sections 1
to 6 of this 1999 Act, unless the context or a specially applicable statutory
definition requires otherwise:
(1) "Chief elected
official" means a county commissioner, a county judge or the mayor of the
City of Portland.
(2) "Federal Act"
means the federal Workforce Investment Act of 1998 (P.L. 105-220).
(3) "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 section 4
of this 1999 Act. "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
section 4 of this 1999 Act.
(4) "Participant"
means an individual who is served by the statewide workforce investment system
as described in the Workforce Investment Act of 1998.
SECTION 3. State Workforce Investment Board.
(1) A State Workforce Investment Board shall be newly created under section
111(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
section 4 of this 1999 Act 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 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 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;
(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
representatives of public workforce development agencies:
(i) The Director of the
Employment Department;
(ii) The Director of Human
Resources;
(iii) The Director of the
Economic Development Department; and
(iv) The Commissioner for
Community College Services; and
(G) One additional member
described in subparagraph (B), (C) or (D) of this paragraph.
(3) The Governor shall
select a chairperson from among the representatives of business described in
subsection (2)(c)(A) of this section.
(4) 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 subsection
(2)(c)(A) 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 4. State Unified Workforce Plan; criteria
for local boards; local workforce investment areas. (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 of the 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 of the 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 section 3 (2)(c)(A) of this 1999 Act.
(b) When appropriate and
upon a request from the chief elected official of a county or the City of
Portland, the 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
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 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 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 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 5. Use of funds for employment and training
activities. (1) The State Workforce Investment Board shall advise the
Governor as required under section 112 of the Workforce Investment Act of 1998
(P.L. 105-220) and on matters pertaining to the use of funds under section 134
of the federal Act.
(2) As a part of the core
services required by section 134(d)(2)(E)(i) of the federal Act, the one-stop
delivery system, as described in section 134(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) of the federal Act.
(5) Participants may receive
training in accordance with section 134 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) of the federal Act.
(6) Any funds expended under
sections 1 to 6 of this 1999 Act shall be appropriated by the Legislative
Assembly.
SECTION 6. One-stop partners. (1) The State
Workforce Investment Board 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 of the federal
Act and programs referenced under section 121(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 7. The section captions used in this 1999 Act
are provided only for the convenience of the reader and do not become part of
the statutory law of this state or express any legislative intent in the
enactment of this 1999 Act.
Approved by the Governor
August 20, 1999
Filed in the office of the
Secretary of State August 23, 1999
Effective date October 23,
1999
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