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Sub. H. B. No. 1 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Derickson, Romanchuk
Cosponsors:
Representatives Schuring, Grossman, Hall, Hottinger, Amstutz, Anielski, Baker, Beck, Blessing, Brown, Buchy, Burkley, Butler, Dovilla, Duffey, Green, Hackett, Hagan, C., Hayes, Henne, Hill, Huffman, Kunze, Letson, Maag, McClain, McGregor, Milkovich, O'Brien, Pelanda, Perales, Pillich, Retherford, Rosenberger, Ruhl, Sears, Smith, Sprague, Stautberg, Stebelton, Sykes, Thompson, Wachtmann, Young Speaker Batchelder
A BILL
To amend sections 6301.01, 6301.02, 6301.03, 6301.04,
6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and
6301.12 of the Revised Code to require a local
workforce investment area to use OhioMeansJobs as
the local workforce investment area's job
placement system, to rename county one-stop
systems, and to make other changes to Ohio's
Workforce Development Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 6301.01, 6301.02, 6301.03, 6301.04,
6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and 6301.12 of the
Revised Code be amended to read as follows:
Sec. 6301.01. As used in this chapter:
(A) "Local area" means any of the following:
(1) A municipal corporation that is authorized to administer
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,
29 U.S.C.A. 2801, as amended, under this chapter and is not
joining in partnership with any other political subdivisions in
order to do so;
(3) A consortium of any of the following political
subdivisions:
(a) A group of two or more counties in the state;
(b) One or more counties and one municipal corporation in the
state;
(c) One or more counties with or without one municipal
corporation in the state and one or more counties with or without
one municipal corporation in another state, on the condition that
those in another state share a labor market area with those in the
state.
"Local area" does not mean a region for purposes of
determinations concerning administrative incentives.
(B) "Municipal corporation" means a municipal corporation
that is eligible for automatic or temporary designation as a local
workforce investment area pursuant to section 116(a)(2) or (3) of
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.
2831(a)(2) or (3), but that does not request that the governor
grant such automatic or temporary designation, and that instead
elects to administer and enforce workforce development activities
pursuant to this chapter.
(C) "County" means a county that is eligible to be designated
as a local workforce investment area pursuant to the "Workforce
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as
amended, but that does not request such designation, and instead
elects to administer and enforce workforce development activities
pursuant to this chapter.
(D) "Workforce development agency" means the entity given
responsibility for workforce development activities that is
designated by the board of county commissioners in accordance with
section 330.04 of the Revised Code, the chief elected official of
a municipal corporation in accordance with section 763.05 of the
Revised Code, or the chief elected officials of a local area
defined in division (A)(3) of this section.
(E) "Workforce development activity" means a program, grant,
or other function, the primary goal of which is to do one or more
of the following:
(1) Help individuals maximize their employment opportunities;
(2) Help employers gain access to skilled workers;
(3) Help employers retain skilled workers;
(4) Help develop or enhance the skills of incumbent workers;
(5) Improve the quality of the state's workforce;
(6) Enhance the productivity and competitiveness of the
state's economy.
(F) "Chief elected officials," when used in reference to a
local area, means the board of county commissioners of the county
or of each county in the local area or, if the county has adopted
a charter under Section 3 of Article X, Ohio Constitution, the
chief governing body of that county, and the chief elected
official of the municipal corporation, if the local area includes
a municipal corporation, except that when the local area is the
type defined in division (A)(1) of this section, "chief elected
officials" means the chief elected official of the municipal
corporation.
(G) "State board" means the state governor's executive
workforce policy board established by section 6301.04 of the
Revised Code.
(H) "Local board" means a local workforce policy investment
board
created pursuant to section 6301.06 of the Revised Code
established in each local area of the state and certified by the
governor to set policy for the portion of the statewide workforce
investment system within the local area and implement the
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801.
(I) "OhioMeansJobs" means the electronic job placement system
operated by the state.
Sec. 6301.02. The director of job and family services shall
administer the "Workforce Investment Act of 1998," 112 Stat. 936,
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received
pursuant to those acts. In administering those acts and funds
received pursuant to those acts, the director shall assist the
state workforce policy board in establishing and administering a
workforce development system that is designed to provide
leadership, support, and oversight to locally designed workforce
development systems. The director shall conduct investigations and
hold hearings as necessary for the administration of this chapter.
To the extent permitted by state and federal law, the
director may adopt rules pursuant to Chapter 119. of the Revised
Code to establish any program or pilot program for the purposes of
providing workforce development activities or family services to
individuals who do not meet eligibility criteria for those
activities or services under applicable federal law. Prior to the
initiation of any program of that nature, the director of budget
and management shall certify to the governor that sufficient funds
are available to administer a program of that nature. The state
board shall have final approval of any such program.
Unless otherwise prohibited by state or federal law, every
state agency, board, or commission shall provide to the state
board and the director all information and assistance requested by
the state board and the director in furtherance of workforce
development activities.
Sec. 6301.03. (A) In administering the "Workforce Investment
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as
amended, the funds received pursuant to those acts, and the
workforce development system, the director of job and family
services may, at the direction of the state board, make
allocations and payment of funds for the local administration of
the workforce development activities established under this
chapter.
(B) The director shall allocate to local areas all funds
required to be allocated to local areas pursuant to the "Workforce
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as
amended. The director shall make allocations only with funds
available. Local areas, as defined by either section 101 of the
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.
2801, as amended, or section 6301.01 of the Revised Code, and
subrecipients of a local area shall establish a workforce
development fund and the entity receiving funds shall deposit all
funds received under this section into the workforce development
fund. All expenditures for activities funded under this section
shall be made from the workforce development fund, including
reimbursements to a county public assistance fund for expenditures
made for activities funded under this section.
(C) The use of funds, reporting requirements, and other
administrative and operational requirements governing the use of
funds received by the director pursuant to this section shall be
governed by internal management rules adopted by and approved by
the state board pursuant to section 111.15 of the Revised Code.
(1) A local area described in division (B) of this section
shall use OhioMeansJobs as the job placement system for the area.
(2) No additional workforce funds shall be used to build or
maintain any job placement system that is duplicative to
OhioMeansJobs.
(D) To the extent permitted by state or federal law, the
state board, director, local areas, counties, and municipal
corporations authorized to administer workforce development
activities may assess a fee for specialized services requested by
an employer. The director shall adopt rules pursuant to Chapter
119. of the Revised Code governing the nature and amount of those
types of fees.
Sec. 6301.04. The governor shall establish a state workforce
policy board and appoint members to the board, who serve at the
governor's pleasure, to perform duties under the "Workforce
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as
amended, as authorized by the governor. The board is not subject
to sections 101.82 to 101.87 of the Revised Code. All state
agencies engaged in workforce development activities shall assist
the board in the performance of its duties.
(A)(1) The governor shall designate nine members of the board
to be voting members. All other members shall be ex officio,
nonvoting members.
(2) The governor shall choose the voting members in a way
that a majority of the voting board members represent business
interests.
(B) The board shall have the power and authority to do all of
the following:
(1)(A) Provide oversight and policy direction to ensure that
the state workforce development activities are aligned and serving
the needs of the state's employers, incumbent workers, and job
seekers;
(2)(B) Adopt rules necessary to administer state workforce
development activities;
(3)(C) Adopt rules necessary for the auditing and monitoring
of subrecipients of the workforce development system grant funds;
(4)(D) Designate local workforce investment areas in
accordance with 29 U.S.C. 2831;
(5)(E) Develop a unified budget for all state and federal
workforce funds;
(6)(F) Establish a statewide employment and data collection
system;
(7)(G) Develop statewide performance measures for workforce
development and investment;
(8)(H) Develop a state workforce development plan;
(9)(I) Prepare the annual report to the United States
secretary of labor, pursuant to section 136(d) of the "Workforce
Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as
amended;
(10)(J) Carry out any additional functions, duties, or
responsibilities assigned to the board by the governor.
Sec. 6301.06. (A) The chief elected officials of a local
area shall create a workforce policy local board, which shall
consist of the following individuals:
(1) The chief elected official from the municipal corporation
with the largest population in the local area, except that if the
municipal corporation is a local area as defined in division
(A)(1) of section 6301.01 of the Revised Code, the chief elected
official of that municipal corporation may determine whether to be
a member of the board. Notwithstanding division (B) of section
6301.01 of the Revised Code, as used in division (A)(1) of this
section, "municipal corporation" means any municipal corporation.
(2) The following individuals appointed to the board by the
chief elected officials of the local area, who shall make those
appointments according to all of the following specifications:
(a) At least five members of the board shall be
representatives of private sector businesses in the general labor
market area that includes that local area, and shall be appointed
from among individuals nominated by local business organizations
and business trade associations. Among these members, at least one
shall represent small businesses, at least one shall represent
medium-sized businesses, and at least one shall represent large
businesses. When determining what constitutes small, medium-sized,
and large businesses for purposes of this division, the chief
elected officials of the local area shall define those sizes as
those sizes are generally understood within the labor market area
that includes that local area. A majority of the members of the
board shall be representatives of private sector businesses.
(b) At least two members of the board shall represent
organized labor and shall be appointed from nominations submitted
by local federations of labor representing workers employed in the
local area.
(c) At least two members of the board shall be
representatives of local educational entities. For purposes of
this division, "local educational entities" includes local
educational agencies, school district boards of education,
entities providing educational and literacy activities, and
post-secondary educational institutions.
(d) At least one member of the board shall be a
representative of consumers of workforce development activities.
(e) Any other individuals the chief elected officials of the
local area determine are necessary.
(B) Members of the board serve at the pleasure of the chief
elected officials of the local area. Members shall not be
compensated but may be reimbursed for actual, reasonable, and
necessary expenses incurred in the performance of their duties as
board members. Those expenses shall be paid from funds allocated
pursuant to section 6301.03 of the Revised Code.
The chief elected officials of a local area may provide
office space, staff, or other administrative support as needed to
the board. For purposes of section 102.02 of the Revised Code,
members of the board are not public officials or employees.
(C) The chief elected officials of a local area other than a
local area as defined in division (A)(1) of section 6301.01 of the
Revised Code, shall coordinate the workforce development
activities of the county family services planning committees and
the workforce policy local boards in the local area in any manner
that is efficient and effective to meet the needs of the local
area. The chief elected officials of the local area may, but are
not required to, consolidate all boards and committees as they
determine appropriate into a single board for purposes of
workforce development activities. A majority of the members of
that consolidated board shall represent private sector businesses.
The membership of that consolidated board shall include a
representative from each group granted representation as described
in division (A) of this section and also a member who represents
consumers of family services and a member who represents the
county department of job and family services. The membership of
that consolidated board may include a representative of one or
more groups and entities that may be represented on a county
family services planning committee, as specified in section 329.06
of the Revised Code.
Sec. 6301.07. (A) For purposes of this section, "performance
character" means the career-essential relational attributes that
build trust with others, including respect, honesty, integrity,
task-excellence, responsibility, and resilience.
(B) Every local workforce policy board, under the direction
and approval of the state workforce policy board and with the
agreement of the chief elected officials of the local area, and
after holding public hearings that allow public comment and
testimony, shall prepare a workforce development plan. The plan
shall accomplish all of the following:
(1) Identify the workforce investment needs of businesses in
the local area, identify projected employment opportunities, and
identify the job skills and performance character necessary to
obtain and succeed in those opportunities;
(2) Identify the local area's workforce development needs for
youth, dislocated workers, adults, displaced homemakers, incumbent
workers, and any other group of workers identified by the local
workforce policy board;
(3) Determine the distribution of workforce development
resources and funding to be distributed for each workforce
development activity to meet the identified needs, utilizing the
funds allocated pursuant to the "Workforce Investment Act of
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;
(4) Give priority to youth receiving independent living
services pursuant to sections 2151.81 to 2151.84 of the Revised
Code when determining distribution of workforce development
resources and workforce development activity funding;
(5) Review the minimum curriculum required by the state
workforce policy board for certifying training providers and
identify any additional curriculum requirements to include in
contracts between the training providers and the chief elected
officials of the local area;
(6) Establish performance standards for service providers
that reflect local workforce development needs;
(7) Describe any other information the chief elected
officials of the local area require.
(C) A local workforce policy board may provide policy
guidance and recommendations to the chief elected officials of a
local area for any workforce development activities.
(D) Nothing in this section prohibits the chief elected
officials of a local area from assigning, through a partnership
agreement, any duties in addition to the duties under this section
to a local workforce policy board, except that a local workforce
policy board cannot contract with itself for the direct provision
of services in its local area. A local workforce policy board may
consult with the chief elected officials of its local area and
make recommendations regarding the workforce development
activities provided in its local area at any time.
Sec. 6301.08. Every local area shall participate in a
one-stop system for workforce development activities. Each board
of county commissioners and the chief elected official of a
municipal corporation shall ensure that at least one delivery
method is available in the local area, either through a physical
location, or by electronic means approved by the state board, for
the provision of workforce development activities.
Within six months after the effective date of this amendment,
every local area described in division (B) of section 6301.03 of
the Revised Code shall name its one-stop system as "OhioMeansJobs
(name of county) County."
A one-stop system may be operated by a private entity or a
public agency, including a workforce development agency, any
existing facility or organization that is established to
administer workforce development activities in the local area, and
a county family services agency.
A one-stop system shall include representatives of all the
partners required under the "Workforce Investment Act of 1998,"
112 Stat. 936, 29 U.S.C.A. 2801, as amended.
Sec. 6301.09. The provision under division (g) of section
111 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29
U.S.C.A. 2801, as amended, applies to the state workforce policy
board created under section 6301.04 of the Revised Code. The
provision under division (e) of section 117 of the "Workforce
Investment Act of 1998" applies to the workforce policy local
boards established pursuant to section 6301.04 6301.06 of the
Revised Code.
Sec. 6301.10. Beginning January 1, 2013, and each calendar
year thereafter, the state board, with the assistance of all state
agencies engaged in workforce development activities, shall
prepare a report concerning the state of Ohio's workforce. The
Upon completion of the annual workforce report, the state board
shall distribute provide an electronic copy of the report to the
president and minority leader of the senate, and the speaker and
minority leader of the house of representatives, the governor's
office of Appalachian Ohio, the commission on Hispanic-Latino
affairs, and the commission on African-American males shall post
the report on the state board's internet web site.
Sec. 6301.12. (A) The office of workforce development within
the department of job and family services shall comprehensively
review the direct and indirect economic impact of businesses
engaged in the production of horizontal wells in this state and,
based on its findings, prepare an annual Ohio workforce report.
The report shall include at least all of the following with
respect to the industry:
(1) The total number of jobs created or retained during the
previous year;
(2) The total number of Ohio-based contractors that employ
skilled construction trades;
(3) The number of employees who are residents of this state;
(4) The total economic impact;
(5) A review of the state's regional workforce development
plans required by the "Workforce Investment Act of 1998," 112
Stat. 936, 29 U.S.C.A. 2801, as amended, that outline workforce
development efforts including goals and benchmarks toward
maximizing job training, education, and job creation opportunities
in the state.
(B) The Upon the completion of the office's annual Ohio
workforce report, the office shall submit its annual Ohio
workforce provide an electronic copy of the report to the members
of the general assembly president and minority leader of the
senate and the speaker and minority leader of the house of
representatives and post it on the office's internet web site.
Section 2. That existing sections 6301.01, 6301.02, 6301.03,
6301.04, 6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and 6301.12
of the Revised Code are hereby repealed.
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