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| To amend sections 6301.01, 6301.02, 6301.03, 6301.04, | 1 |
| 6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and | 2 |
| 6301.12 and to enact section 6301.061 of the | 3 |
| Revised Code to require a local workforce | 4 |
| investment area to use OhioMeansJobs as the local | 5 |
| workforce investment area's job placement system, | 6 |
| to rename county one-stop systems, and to make | 7 |
| other changes to Ohio's Workforce Development Law. | 8 |
| Section 1. That sections 6301.01, 6301.02, 6301.03, 6301.04, | 9 |
| 6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and 6301.12 be | 10 |
| amended and section 6301.061 of the Revised Code be enacted to | 11 |
| read as follows: | 12 |
| Sec. 6301.01. As used in this chapter: | 13 |
| (A) "Local area" means any of the following: | 14 |
| (1) A municipal corporation that is authorized to administer | 15 |
| and enforce the "Workforce Investment Act of 1998," 112 Stat. 936, | 16 |
| 29 U.S.C.A. 2801, as amended, under this chapter and is not | 17 |
| joining in partnership with any other political subdivisions in | 18 |
| order to do so; | 19 |
| (2) A single county; | 20 |
| (3) A consortium of any of the following political | 21 |
| subdivisions: | 22 |
| (a) A group of two or more counties in the state; | 23 |
| (b) One or more counties and one municipal corporation in the | 24 |
| state; | 25 |
| (c) One or more counties with or without one municipal | 26 |
| corporation in the state and one or more counties with or without | 27 |
| one municipal corporation in another state, on the condition that | 28 |
| those in another state share a labor market area with those in the | 29 |
| state. | 30 |
| "Local area" does not mean a region for purposes of | 31 |
| determinations concerning administrative incentives. | 32 |
| (B) "Municipal corporation" means a municipal corporation | 33 |
| that is eligible for automatic or temporary designation as a local | 34 |
| workforce investment area pursuant to section 116(a)(2) or (3) of | 35 |
| the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. | 36 |
| 2831(a)(2) or (3), but that does not request that the governor | 37 |
| grant such automatic or temporary designation, and that instead | 38 |
| elects to administer and enforce workforce development activities | 39 |
| pursuant to this chapter. | 40 |
| (C) "County" means a county that is eligible to be designated | 41 |
| as a local workforce investment area pursuant to the "Workforce | 42 |
| Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as | 43 |
| amended, but that does not request such designation, and instead | 44 |
| elects to administer and enforce workforce development activities | 45 |
| pursuant to this chapter. | 46 |
| (D) "Workforce development agency" means the entity given | 47 |
| responsibility for workforce development activities that is | 48 |
| designated by the board of county commissioners in accordance with | 49 |
| section 330.04 of the Revised Code, the chief elected official of | 50 |
| a municipal corporation in accordance with section 763.05 of the | 51 |
| Revised Code, or the chief elected officials of a local area | 52 |
| defined in division (A)(3) of this section. | 53 |
| (E) "Workforce development activity" means a program, grant, | 54 |
| or other function, the primary goal of which is to do one or more | 55 |
| of the following: | 56 |
| (1) Help individuals maximize their employment opportunities; | 57 |
| (2) Help employers gain access to skilled workers; | 58 |
| (3) Help employers retain skilled workers; | 59 |
| (4) Help develop or enhance the skills of incumbent workers; | 60 |
| (5) Improve the quality of the state's workforce; | 61 |
| (6) Enhance the productivity and competitiveness of the | 62 |
| state's economy. | 63 |
| (F) "Chief elected officials," when used in reference to a | 64 |
| local area, means the board of county commissioners of the county | 65 |
| or of each county in the local area or, if the county has adopted | 66 |
| a charter under Section 3 of Article X, Ohio Constitution, the | 67 |
| chief governing body of that county, and the chief elected | 68 |
| official of the municipal corporation, if the local area includes | 69 |
| a municipal corporation, except that when the local area is the | 70 |
| type defined in division (A)(1) of this section, "chief elected | 71 |
| officials" means the chief elected official of the municipal | 72 |
| corporation. | 73 |
| (G) "State board" means the | 74 |
|
workforce | 75 |
| Revised Code. | 76 |
| (H) "Local board" means a local workforce | 77 |
|
board
| 78 |
| established in each local area of the state and certified by the | 79 |
| governor to set policy for the portion of the statewide workforce | 80 |
| investment system within the local area and implement the | 81 |
| "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801. | 82 |
| (I) "OhioMeansJobs" means the electronic system for labor | 83 |
| exchange and job placement activity operated by the state. | 84 |
| Sec. 6301.02. The director of job and family services shall | 85 |
| administer the "Workforce Investment Act of 1998," 112 Stat. 936, | 86 |
| 29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat. | 87 |
| 113 (1933), 29 U.S.C.A. 49, as amended, and the funds received | 88 |
| pursuant to those acts. In administering those acts and funds | 89 |
| received pursuant to those acts, the director shall assist the | 90 |
|
state | 91 |
| workforce development system that is designed to provide | 92 |
| leadership, support, and oversight to locally designed workforce | 93 |
| development systems. The director shall conduct investigations and | 94 |
| hold hearings as necessary for the administration of this chapter. | 95 |
| To the extent permitted by state and federal law, the | 96 |
| director may adopt rules pursuant to Chapter 119. of the Revised | 97 |
| Code to establish any program or pilot program for the purposes of | 98 |
| providing workforce development activities or family services to | 99 |
| individuals who do not meet eligibility criteria for those | 100 |
| activities or services under applicable federal law. Prior to the | 101 |
| initiation of any program of that nature, the director of budget | 102 |
| and management shall certify to the governor that sufficient funds | 103 |
| are available to administer a program of that nature. The state | 104 |
| board shall have final approval of any such program. | 105 |
| Unless otherwise prohibited by state or federal law, every | 106 |
| state agency, board, or commission shall provide to the state | 107 |
| board and the director all information and assistance requested by | 108 |
| the state board and the director in furtherance of workforce | 109 |
| development activities. | 110 |
| Sec. 6301.03. (A) In administering the "Workforce Investment | 111 |
| Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the | 112 |
| "Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as | 113 |
| amended, the funds received pursuant to those acts, and the | 114 |
| workforce development system, the director of job and family | 115 |
| services may, at the direction of the state board, make | 116 |
| allocations and payment of funds for the local administration of | 117 |
| the workforce development activities established under this | 118 |
| chapter. | 119 |
| (B) The director shall allocate to local areas all funds | 120 |
| required to be allocated to local areas pursuant to the "Workforce | 121 |
| Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as | 122 |
| amended. The director shall make allocations only with funds | 123 |
| available. Local areas, as defined by either section 101 of the | 124 |
| "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. | 125 |
| 2801, as amended, or section 6301.01 of the Revised Code, and | 126 |
| subrecipients of a local area shall establish a workforce | 127 |
| development fund and the entity receiving funds shall deposit all | 128 |
| funds received under this section into the workforce development | 129 |
| fund. All expenditures for activities funded under this section | 130 |
| shall be made from the workforce development fund, including | 131 |
| reimbursements to a county public assistance fund for expenditures | 132 |
| made for activities funded under this section. | 133 |
| (C) The use of funds, reporting requirements, and other | 134 |
| administrative and operational requirements governing the use of | 135 |
| funds received by the director pursuant to this section shall be | 136 |
| governed by internal management rules adopted by and approved by | 137 |
| the state board pursuant to section 111.15 of the Revised Code. | 138 |
| (1) A local area described in division (B) of this section | 139 |
| shall use OhioMeansJobs as the labor exchange and job placement | 140 |
| system for the area. | 141 |
| (2) No additional workforce funds shall be used to build or | 142 |
| maintain any labor exchange and job placement system that is | 143 |
| duplicative to OhioMeansJobs. | 144 |
| (D) To the extent permitted by state or federal law, the | 145 |
| 146 | |
| corporations authorized to administer workforce development | 147 |
| activities may assess a fee for specialized services requested by | 148 |
| an employer. The director shall adopt rules pursuant to Chapter | 149 |
| 119. of the Revised Code governing the nature and amount of those | 150 |
| types of fees. | 151 |
| Sec. 6301.04. The governor shall establish a state | 152 |
| 153 | |
| governor's pleasure, to perform duties under the "Workforce | 154 |
| Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as | 155 |
| amended, as authorized by the governor. The board is not subject | 156 |
| to sections 101.82 to 101.87 of the Revised Code. All state | 157 |
| agencies engaged in workforce development activities shall assist | 158 |
| the board in the performance of its duties. | 159 |
| | 160 |
| 161 | |
| 162 |
| | 163 |
| 164 | |
| 165 |
| | 166 |
| the following: | 167 |
| | 168 |
| the state workforce development activities are aligned and serving | 169 |
| the needs of the state's employers, incumbent workers, and job | 170 |
| seekers; | 171 |
| | 172 |
| development activities; | 173 |
| | 174 |
| of subrecipients of the workforce development system grant funds; | 175 |
| | 176 |
| accordance with 29 U.S.C. 2831; | 177 |
| | 178 |
| workforce funds; | 179 |
| | 180 |
| system; | 181 |
| | 182 |
| development and investment; | 183 |
| | 184 |
| | 185 |
| secretary of labor, pursuant to section 136(d) of the "Workforce | 186 |
| Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as | 187 |
| amended; | 188 |
| | 189 |
| responsibilities assigned to the board by the governor. | 190 |
| Sec. 6301.06. (A) The chief elected officials of a local | 191 |
|
area shall create a | 192 |
| consist of the following individuals: | 193 |
| (1) The chief elected official from the municipal corporation | 194 |
| with the largest population in the local area, except that if the | 195 |
| municipal corporation is a local area as defined in division | 196 |
| (A)(1) of section 6301.01 of the Revised Code, the chief elected | 197 |
| official of that municipal corporation may determine whether to be | 198 |
| a member of the board. Notwithstanding division (B) of section | 199 |
| 6301.01 of the Revised Code, as used in division (A)(1) of this | 200 |
| section, "municipal corporation" means any municipal corporation. | 201 |
| (2) The following individuals appointed to the board by the | 202 |
| chief elected officials of the local area, who shall make those | 203 |
| appointments according to all of the following specifications: | 204 |
| (a) At least five members of the board shall be | 205 |
| representatives of private sector businesses in the general labor | 206 |
| market area that includes that local area, and shall be appointed | 207 |
| from among individuals nominated by local business organizations | 208 |
| and business trade associations. Among these members, at least one | 209 |
| shall represent small businesses, at least one shall represent | 210 |
| medium-sized businesses, and at least one shall represent large | 211 |
| businesses. When determining what constitutes small, medium-sized, | 212 |
| and large businesses for purposes of this division, the chief | 213 |
| elected officials of the local area shall define those sizes as | 214 |
| those sizes are generally understood within the labor market area | 215 |
| that includes that local area. A majority of the members of the | 216 |
| board shall be representatives of private sector businesses. | 217 |
| (b) At least two members of the board shall represent | 218 |
| organized labor and shall be appointed from nominations submitted | 219 |
| by local federations of labor representing workers employed in the | 220 |
| local area. | 221 |
| (c) At least two members of the board shall be | 222 |
| representatives of local educational entities. For purposes of | 223 |
| this division, "local educational entities" includes local | 224 |
| educational agencies, school district boards of education, | 225 |
| entities providing educational and literacy activities, and | 226 |
| post-secondary educational institutions. | 227 |
| (d) At least one member of the board shall be a | 228 |
| representative of consumers of workforce development activities. | 229 |
| (e) Any other individuals the chief elected officials of the | 230 |
| local area determine are necessary. | 231 |
| (B) Members of the board serve at the pleasure of the chief | 232 |
| elected officials of the local area. Members shall not be | 233 |
| compensated but may be reimbursed for actual, reasonable, and | 234 |
| necessary expenses incurred in the performance of their duties as | 235 |
| board members. Those expenses shall be paid from funds allocated | 236 |
| pursuant to section 6301.03 of the Revised Code. | 237 |
| The chief elected officials of a local area may provide | 238 |
| office space, staff, or other administrative support as needed to | 239 |
| the board. For purposes of section 102.02 of the Revised Code, | 240 |
| members of the board are not public officials or employees. | 241 |
| (C) The chief elected officials of a local area other than a | 242 |
| local area as defined in division (A)(1) of section 6301.01 of the | 243 |
| Revised Code, shall coordinate the workforce development | 244 |
| activities of the county family services planning committees and | 245 |
|
the | 246 |
| that is efficient and effective to meet the needs of the local | 247 |
| area. The chief elected officials of the local area may, but are | 248 |
| not required to, consolidate all boards and committees as they | 249 |
| determine appropriate into a single board for purposes of | 250 |
| workforce development activities. A majority of the members of | 251 |
| that consolidated board shall represent private sector businesses. | 252 |
| The membership of that consolidated board shall include a | 253 |
| representative from each group granted representation as described | 254 |
| in division (A) of this section and also a member who represents | 255 |
| consumers of family services and a member who represents the | 256 |
| county department of job and family services. The membership of | 257 |
| that consolidated board may include a representative of one or | 258 |
| more groups and entities that may be represented on a county | 259 |
| family services planning committee, as specified in section 329.06 | 260 |
| of the Revised Code. | 261 |
| Sec. 6301.061. A board of county commissioners may appoint an | 262 |
| advisory committee on workforce development. A committee appointed | 263 |
| under this section may do both of the following: | 264 |
| (A) Work to further cooperation between the county and other | 265 |
| workforce development and economic development related entities | 266 |
| including the state, local area one-stop systems, and private | 267 |
| businesses; | 268 |
| (B) Advise the board and other interested parties on ways to | 269 |
| maintain and improve the workforce development system of the local | 270 |
| area in which the county is a part. | 271 |
| Sec. 6301.07. (A) For purposes of this section, "performance | 272 |
| character" means the career-essential relational attributes that | 273 |
| build trust with others, including respect, honesty, integrity, | 274 |
| task-excellence, responsibility, and resilience. | 275 |
| (B) Every local | 276 |
|
and approval of the state | 277 |
| agreement of the chief elected officials of the local area, and | 278 |
| after holding public hearings that allow public comment and | 279 |
| testimony, shall prepare a workforce development plan. The plan | 280 |
| shall accomplish all of the following: | 281 |
| (1) Identify the workforce investment needs of businesses in | 282 |
| the local area, identify projected employment opportunities, and | 283 |
| identify the job skills and performance character necessary to | 284 |
| obtain and succeed in those opportunities; | 285 |
| (2) Identify the local area's workforce development needs for | 286 |
| youth, dislocated workers, adults, displaced homemakers, incumbent | 287 |
| workers, and any other group of workers identified by the local | 288 |
| 289 |
| (3) Determine the distribution of workforce development | 290 |
| resources and funding to be distributed for each workforce | 291 |
| development activity to meet the identified needs, utilizing the | 292 |
| funds allocated pursuant to the "Workforce Investment Act of | 293 |
| 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended; | 294 |
| (4) Give priority to youth receiving independent living | 295 |
| services pursuant to sections 2151.81 to 2151.84 of the Revised | 296 |
| Code when determining distribution of workforce development | 297 |
| resources and workforce development activity funding; | 298 |
| (5) Review the minimum curriculum required by the state | 299 |
| 300 | |
| identify any additional curriculum requirements to include in | 301 |
| contracts between the training providers and the chief elected | 302 |
| officials of the local area; | 303 |
| (6) Establish performance standards for service providers | 304 |
| that reflect local workforce development needs; | 305 |
| (7) Describe any other information the chief elected | 306 |
| officials of the local area require. | 307 |
| (C) A local | 308 |
| guidance and recommendations to the chief elected officials of a | 309 |
| local area for any workforce development activities. | 310 |
| (D) Nothing in this section prohibits the chief elected | 311 |
| officials of a local area from assigning, through a partnership | 312 |
| agreement, any duties in addition to the duties under this section | 313 |
|
to a local | 314 |
| 315 | |
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of services in its local area. A local | 316 |
| consult with the chief elected officials of its local area and | 317 |
| make recommendations regarding the workforce development | 318 |
| activities provided in its local area at any time. | 319 |
| Sec. 6301.08. Every local area shall participate in a | 320 |
| one-stop system for workforce development activities. Each board | 321 |
| of county commissioners and the chief elected official of a | 322 |
| municipal corporation shall ensure that at least one delivery | 323 |
| method is available in the local area, either through a physical | 324 |
| location, or by electronic means approved by the state board, for | 325 |
| the provision of workforce development activities. | 326 |
| Within six months after the effective date of this amendment, | 327 |
| every local area described in division (B) of section 6301.03 of | 328 |
| the Revised Code shall name its one-stop system as "OhioMeansJobs | 329 |
| (name of county) County." | 330 |
| A one-stop system may be operated by a private entity or a | 331 |
| public agency, including a workforce development agency, any | 332 |
| existing facility or organization that is established to | 333 |
| administer workforce development activities in the local area, and | 334 |
| a county family services agency. | 335 |
| A one-stop system shall include representatives of all the | 336 |
| partners required under the "Workforce Investment Act of 1998," | 337 |
| 112 Stat. 936, 29 U.S.C.A. 2801, as amended. In addition, a | 338 |
| one-stop system shall include at least one representative from a | 339 |
| county department of job and family services. | 340 |
| Sec. 6301.09. The provision under division (g) of section | 341 |
| 111 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29 | 342 |
|
U.S.C.A. 2801, as amended, applies to the state | 343 |
| board created under section 6301.04 of the Revised Code. The | 344 |
| provision under division (e) of section 117 of the "Workforce | 345 |
|
Investment Act of 1998" applies to the | 346 |
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boards established pursuant to section | 347 |
| Revised Code. | 348 |
| Sec. 6301.10. Beginning January 1, 2013, and each calendar | 349 |
| year thereafter, the state board, with the assistance of all state | 350 |
| agencies engaged in workforce development activities, shall | 351 |
|
prepare a report concerning the state of Ohio's workforce. | 352 |
| Upon completion of the annual workforce report, the state board | 353 |
|
shall | 354 |
| president and minority leader of the senate, the speaker and | 355 |
| minority leader of the house of representatives, the governor's | 356 |
| office of Appalachian Ohio, the commission on Hispanic-Latino | 357 |
| affairs, and the commission on African-American males, and shall | 358 |
| post the report on the state board's internet web site. | 359 |
| Sec. 6301.12. (A) The office of workforce development within | 360 |
| the department of job and family services shall comprehensively | 361 |
| review the direct and indirect economic impact of businesses | 362 |
| engaged in the production of horizontal wells in this state and, | 363 |
| based on its findings, prepare an annual Ohio workforce report. | 364 |
| The report shall include at least all of the following with | 365 |
| respect to the industry: | 366 |
| (1) The total number of jobs created or retained during the | 367 |
| previous year; | 368 |
| (2) The total number of Ohio-based contractors that employ | 369 |
| skilled construction trades; | 370 |
| (3) The number of employees who are residents of this state; | 371 |
| (4) The total economic impact; | 372 |
| (5) A review of the state's regional workforce development | 373 |
| plans required by the "Workforce Investment Act of 1998," 112 | 374 |
| Stat. 936, 29 U.S.C.A. 2801, as amended, that outline workforce | 375 |
| development efforts including goals and benchmarks toward | 376 |
| maximizing job training, education, and job creation opportunities | 377 |
| in the state. | 378 |
| (B) | 379 |
|
workforce report, the office shall | 380 |
| 381 | |
| 382 | |
| senate and the speaker and minority leader of the house of | 383 |
| representatives and post it on the office's internet web site. | 384 |
| Section 2. That existing sections 6301.01, 6301.02, 6301.03, | 385 |
| 6301.04, 6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and 6301.12 | 386 |
| of the Revised Code are hereby repealed. | 387 |