2013 -- H 5788 SUBSTITUTE A

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LC01450/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- HUMAN RESOURCE

INVESTMENT COUNCIL

     Introduced By: Representatives Cimini, Walsh, Tanzi, Tomasso, and Kazarian

     Date Introduced: February 28, 2013

     Referred To: House Labor

(Labor and Training)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-102-9 of the General Laws in Chapter 42-102 entitled "Rhode

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Island Human Resource Investment Council" is hereby amended to read as follows:

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     42-102-9. Powers and duties of the Rhode Island human resource investment council

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-- Employment and training systems in the state. -- (a) The council shall establish statewide

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policies, goals, and guidelines for the coordination of all employment and training programs and

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related services, and employment-related training programs within the state, including:

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      (1) The state department of labor and training programs sponsored under the Workforce

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Investment Act of 1998, Wagner-Peyser Act, 29 U.S.C. section 49 et seq., the Trade Act of 2002

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and any other employment-related educational program administered by the state department of

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labor and training;

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      (2) The state department of human services training programs sponsored under the

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Temporary Assistance to Needy Families, title IV of the Social Security Act; the Supplemental

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Nutrition Assistance Program Employment and Training Program; Vocational Rehabilitation Act

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of 1973 and any other employment and training and related services and employment-related

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educational programs administered by the state's department of human services;

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      (3) Employment and training programs sponsored under the Carl D. Perkins Vocational

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Education Act, 20 U.S.C. section 2301 et seq., the federal Adult Education Act, Title II of the

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Workforce Investment Act of 1998 and any other employment-related educational programs

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administered by the board of governors for higher education, or the board of regents for

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elementary and secondary education; and

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      (4) All other employment and training and related services and employment-related

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educational programs either presently existing or hereinafter established which are administered

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by any state agencies, departments, or councils. Programs included within subdivisions (1) -- (4)

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of this subsection shall be referred herein collectively as "the coordinated programs system".

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Provided, however, that the responsibilities and duties of the board of governors for higher

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education or the board of regents for elementary and secondary education, as set forth in the

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general laws, shall not be abridged.

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      (b) With respect to plans for employment and training programs sponsored under the

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federal Carl D. Perkins Vocational Education Act, 20 U.S.C. section 2301 et seq., and any other

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employment-related educational programs administered by the boards of governors for higher

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education or the board of regents for elementary and secondary education, the council and

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applicable board shall establish a process for the development and preparation of all these plans;

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and the applicable board shall approve the plan subject to review and comment by the council.

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      (c) With respect to plans for the Temporary Assistance to Needy Families Program,

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SNAP Employment and Training Program, Vocational Rehabilitation Services and any other

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employment and training and related programs administered by the state's department of human

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services, the authority and responsibilities of the department as the single state agency under

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Titles IV-A, 42 U.S.C. sections 601 -- 617, and IV-F, 42 U.S.C. sections 681 -- 687 [repealed] of

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the federal Social Security Act shall not be abridged.

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      (d) The council shall review, comment on, or approve as appropriate all other plans for

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employment and training within the coordinated programs system. The council shall establish

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policies and performance goals for the coordinated programs system. These policies and goals

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shall include, but not be limited to:

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      (1) Establishing and communicating uniform policies;

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      (2) Gathering and distributing information from and to all agencies, departments, and

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councils within the coordinated programs system;

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      (3) Standardizing and coordinating program planning, budgeting, and funding processes;

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      (4) Recommending structural and procedural changes;

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      (5) Establishing performance goals and measurements for monitoring the effectiveness

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of members of the coordinated programs system;

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      (6) Reconciling diverse agency, departmental, or council goals and developing priorities

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among those goals; and

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      (7) Producing an annual Unified Workforce Development Expenditure and Program

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Report to be submitted to the General Assembly beginning January 1, 2011 and covering activity

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having taken place the preceding fiscal year ending June 30th. Subsequent Unified Workforce

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Development Expenditure and Program Reports shall be submitted annually on November 15.

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The report shall include, at a minimum, expenditures by agencies for programs included in

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subdivisions 42-102-9(a)(1)(2)(3)(4), and shall show the number of individuals served by each

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program, including demographic information by gender, race and ethnicity; outcome information

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and such other information as may be determined by the Human Resource Investment Council,

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including, but not limited to, attainment of credentials.

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      (e) All state and local agencies, departments, or council or similar organizations within

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the coordinated programs system shall be required to provide the council with the information

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necessary to produce the Unified Workforce Development Expenditure and Program Report

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described in subdivision (7) and shall otherwise cooperate with the council in the council's

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exercise of its authority under subsections (b) -- (d).

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      (f) The council or a sub-committee or adjunct of the council shall assume all duties and

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responsibilities of the state job training coordination council required to be established pursuant

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to the federal Job Training Partnership Act, 29 U.S.C. section 1532 [repealed].

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      (g) In addition to the specific authority provided for herein, the council shall have all

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other authority necessary for effective coordination and implementation of the coordinated

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programs system.

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      (h) The council shall biennially develop an employment and training plan for the state to

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be submitted to the governor and the general assembly commencing March 15, 2012 and

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covering the subsequent two (2) fiscal years. Subsequent biennial plans shall be submitted

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biennially on November 15. The biennial plan shall outline goals and objectives of the

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coordinated programs system, major priorities needed for the next two (2) year period, and

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policies and requirements necessary to meet those priorities. The council shall provide a funding

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plan necessary to achieve system priorities and to serve the anticipated number of participants and

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shall identify the general revenue funds necessary to meet program needs, taking into account

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anticipated federal, private and other sources of funds. The biennial plan shall incorporate the

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annual Unified Workforce Development Expenditure and Program in those years in which both

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reports are due.

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      (i) The council shall develop and maintain a comprehensive inventory and analysis of

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workforce development activities in the state no later than December 1, 2011 to support the

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biennial report in subsection 42-102-9(h). The analysis shall include, but not be limited to, an

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examination of the populations being served across the different employment and training and

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adult education programs across the state, the number of participants being served by these

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programs, the type of services provided and the eligibility requirements of each of these

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programs. The analysis shall also identify the funding sources (all sources) used in these

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programs, the service providers within the state, as well as the range of services provided. The

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analysis shall also examine the employer role in workforce development activities, including, but

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not limited to, how employer needs are assessed, benefits employers receive for partnering with

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workforce development organizations, and the role employers play in development and training.

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      (j) The council shall establish and convene an advisory group to assist in the

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development of the analysis that consists of stakeholders and organizations with specific

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knowledge and expertise in the area of workforce development.

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      (k) All departments and agencies of the state shall furnish advice and information,

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documentary or otherwise to the council and its agents as is deemed necessary or desirable by the

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council to facilitate the purposes of the council as defined in subsection 42-109-9(i).

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     SECTION 2. This act shall take effect upon passage.

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LC01450/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- HUMAN RESOURCE

INVESTMENT COUNCIL

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     This act would amend the reporting requirements associated with the Human Resource

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Investment Council.

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     This act would take effect upon passage.

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LC01450/SUB A

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