2014 -- S 2997 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- GOVERNOR'S WORKFORCE

BOARD RHODE ISLAND

     Introduced By: Senators McCaffrey, Felag, Conley, P Fogarty, and Ottiano

     Date Introduced: May 08, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 28-42-82, 28-42-83 and 28-42-84 of the General Laws in Chapter

28-42 entitled "Employment Security - General Provisions" are hereby amended to read as

follows:

     28-42-82. Job development fund. -- Whereas, improvements in the standard of living

for all Rhode Islanders, by increasing their prosperity and their opportunities for continued

employment and better jobs, is one of the top priorities of state government;

      Whereas, the rapidly changing economy requires that the Rhode Island workforce be

able to adapt to emerging needs of the workplace;

      Whereas, the energies and resources of numerous state agencies and commissions

contribute to the state's overall response to the needs of the workforce and must be coordinated to

achieve maximum efficiency and effectiveness; and

      Whereas, the competitiveness of Rhode Island businesses is dependent on a well-skilled,

literate, and productive workforce:

      Now, therefore, the general assembly declares as follows:

      (1) There is a need to stimulate long-term economic development,; reconcile the needs of

women parents, work, and families,; better integrate immigrants and minorities fully into the

workforce,; and improve workers' educational preparation and skills;

      (2) Enhancement of the competitiveness of the state's businesses and workforce requires

state support and encouragement for programs aimed at improving skill levels and expanding

opportunities of all segments of the workforce, particularly those in need of customized training

or training to upgrade existing skill levels; and

      (3) These needs require the establishment of a job development fund pursuant to section

§28-42-83 and the establishment of the human resource investment council governor's workforce

board Rhode Island (workforce board) pursuant to chapter 102 of title 42 to administer the fund.

     28-42-83. Job development fund -- Establishment -- Sources. -- (a) (1) There is

created as a restricted receipt account within the general fund called the job development fund, to

be administered by the human resource investment council governor's workforce board Rhode

Island (workforce board), without liability on the part of the state beyond the amounts paid into

and earned by the fund. This fund shall consist of:

      (i) All payments received from employers and paid pursuant to section §28-43-8.5;

      (ii) All other moneys paid into and received by the fund;

      (iii) Property and securities acquired, by and through the use of, moneys belonging to the

fund; and

      (iv) Interest earned upon moneys belonging to the fund.

      (2) All moneys in the job development fund shall be mingled and undivided.

      (b) All moneys received by the director for the job development fund shall, upon receipt,

be deposited by the director in a clearance account in a bank in this state.

     28-42-84. Job development fund -- Disbursements -- Unexpended balance. -- (a) The

moneys in the job development fund shall be used for the following purposes:

      (1) To reimburse the department of labor and training for the loss of any federal funds

resulting from the collection and maintenance of the fund by the department;

      (2) To make refunds of contributions erroneously collected and deposited in the fund;

      (3) To pay any administrative expenses incurred by the department of labor and training

associated with the collection of the contributions for employers paid pursuant to section §28-43-

8.5, and any other administrative expenses associated with the maintenance of the fund, including

the payment of all premiums upon bonds required pursuant to section §28-42-85;

      (4) To provide for job training, counseling and assessment services, and other related

activities and services. Services will include, but are not limited to, research, development,

coordination, and training activities to promote workforce development and business

development as established by the human resource investment council governor's workforce

board Rhode Island (workforce board);

      (5) To support the state's job training for economic development;

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      (6) (i) Beginning January 1, 2001, two hundredths of one percent (0.02%) out of the

twenty-one hundredths of one percent (0.21%) job development assessment paid pursuant to

section §28-43-8.5 shall be used to support necessary, core services in the unemployment

insurance and employment services programs operated by the department of labor and training;

and

      (ii) Beginning January 1, 2011, and ending in tax year 2015, two hundredths of one

percent (0.02%) out of the fifty- one hundredths of one percent (0.51%) job development

assessment paid pursuant to section §28-43-8.5 shall be used to support necessary core services in

the unemployment insurance and employment services programs operated by the department of

labor and training; and

      (7) Beginning January 1, 2011, and ending in tax year 2015, three tenths of one percent

(0.3%) out of the fifty-one hundredths of one percent (0.51%) job development assessment paid

pursuant to section §28-43.8.5 shall be deposited into a restricted receipt account to be used

solely to pay the principal and/or interest due on Title XII advances received from the federal

government in accordance with the provisions of Section 1201 of the Social Security Act;

provided, however, that if the federal Title XII loans are repaid through a state revenue bond or

other financing mechanism, then these funds may also be used to pay the principal and/or interest

that accrues on that debt. Any remaining funds in the restricted receipt account, after the

outstanding principal and interest due has been paid, shall be transferred to the employment

security fund for the payment of benefits.

      (b) The general treasurer shall pay all vouchers duly drawn by the council workforce

board upon the fund, in any amounts and in any manner that the council workforce board may

prescribe. Vouchers so drawn upon the fund shall be referred to the controller within the

department of administration. Upon receipt of those vouchers, the controller shall immediately

record and sign them and shall promptly transfer those signed vouchers to the general treasurer.

Those expenditures shall be used solely for the purposes specified in this section and its balance

shall not lapse at any time but shall remain continuously available for expenditures consistent

with this section. The general assembly shall annually appropriate the funds contained in the fund

for the use of the human resource investment council workforce board and, in addition, for the

use of the department of labor and training effective July 1, 2000, and for the payment of the

principal and interest due on federal Title XII loans beginning July 1, 2011; provided, however,

that if the federal Title XII loans are repaid through a state revenue bond or other financing

mechanism, then the funds may also be used to pay the principal and/or interest that accrues on

that debt.

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     SECTION 2. The title of Chapter 42-102 of the General Laws entitled "Rhode Island

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

CHAPTER 42-102

Rhode Island Human Resource Investment Council

CHAPTER 42-102

GOVERNOR'S WORKFORCE BOARD RHODE ISLAND

     SECTION 3. Chapter 42-102 of the General Laws entitled "Rhode Island Human

Resource Investment Council" is hereby amended by adding thereto the following sections:

     42-102-1.2. Change of name [Effective February 1, 2015]. -- (a) The council known as

the "Rhode Island human resource investment council" shall now be known as the "governor's

workforce board Rhode Island." Whenever in any general law, or public law, rule, regulation

and/or bylaw, reference is made to the "Rhode Island human resource investment council" or the

"human resource investment council" the reference shall be deemed to refer to and mean the

"governor's workforce board Rhode Island", which may also be referred to as the "state workforce

investment board" or the "board".

     (b) Nothing in this act shall be construed to change or modify the corporate existence of

the former Rhode Island human resource investment council, which shall now be known as the

"governor's workforce board Rhode Island," or to change or modify any contracts or agreements

of any kind by, for, between, or to which the human resource investment council is a party or to

effect in any way the property or assets of the Rhode Island human resource investment council.

The workforce board is the successor in interest to the Rhode Island human resource investment

council.

     42-102-12. Personnel and administration. -- The department of labor and training is

hereby designated as the administrative entity responsible for administration and management of

the board. The department's one-stop career center system and the local workforce investment

boards are the primary deliverers of workforce development services. The department is

authorized to act in concert with the governor's workforce investment act (WIA) liaison in the

planning, administration, coordination, and oversight functions of the workforce system assigned

to the governor. The department shall provide staff support for the workforce board.

     SECTION 4. Sections 42-102-1, 42-102-1.1, 42-102-2, 42-102-3, 42-102-4, 42-102-5,

42-102-6, 42-102-7, 42-102-8, 42-102-10 and 42-102-11 of the General Laws in Chapter 42-102

entitled "Rhode Island Human Resource Investment Council" are hereby amended to read as

follows:

     42-102-1. Establishment of council. Establishment of workforce board. -- There is

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established an independent council workforce board to be known as "the Rhode Island human

resource investment council governor's workforce board Rhode Island ", hereinafter referred to as

the "council workforce board", which that shall be comprised of influential and dedicated leaders

and shall have as its purposes strategic planning for an, evaluation and coordination of work force

development efforts in Rhode Island and support of innovative and state-of-the-practice

initiatives and programs for work development. The board shall serve as the state workforce

investment board, pursuant to Executive Order 05-18 dated September 22, 2005, in conformity

with the requirements of the Federal Workforce Investment Act of 1998, 29 U.S.C 2801 et seq, or

its successor. The board shall be the principal workforce policy body for the state.

     42-102-1.1. Consolidation of councils and advisory boards. -- Notwithstanding any

provisions of the general laws of the state to the contrary, the employment security advisory

council is consolidated into the council workforce board. Should there be any changes in federal

law or regulations permitting the consolidation of other employment and training councils,

boards, or advisory committees, the council workforce board is authorized to incorporate those

bodies.

     42-102-2. Composition of council. [Effective February 1, 2015.] Composition of

workforce board. [Effective February 1, 2015.] – (a) The council workforce board shall be

composed of fifteen (15) twenty-one (21) members,; one of whom shall be the secretary of

commerce, who shall be vice-chair,; one of whom shall be the director of the department of labor

and training; one of whom shall be the commissioner of education; one of whom shall be a

representative of a public institution of higher education in Rhode Island; and seventeen (17)

public members, eleven (11) of whom shall be representatives from the employer community, in

a manner that is representative of employers of different sizes and sectors, including the nonprofit

sector, provided that two (2) of the representatives from the employer community shall be the

chairs of Rhode Island’s local workforce investment boards, or their designees, appointed from

among the employer community members of the local workforce investment boards; four (4) of

whom shall be representatives of organized labor; and two (2) members shall be representatives

of community-based organizations that provide or promote workforce development service;

twelve (12) members appointed by the governor, with the advice and consent of the senate,. The

seventeen (17) public members shall be appointed in a manner that reflects the geographic

diversity of the state, and at least four (4) five (5) of whom shall be women, at least three (3) four

(4) of whom shall be from minority communities, and at least one of whom shall be a person with

disabilities., as follows: The governor shall appoint a chairperson from among the eleven (11)

representatives of the employer community.

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      (1) One shall be appointed by the governor to serve as chairperson of the council;

      (2) Five (5) shall be appointed by the governor from the employer community, in a

manner that is representative of employers of different sizes and sectors, including the nonprofit

sector; provided, however, that in the event that there is established a state workforce investment

board that is separate and distinct from the council, then one of the five (5) representatives of the

employer community shall be the chairperson of the state work force investment board, and if all

employer community appointments have been duly made and are filled, then the appointed

chairperson of the state workforce investment board shall be made with the next available

appointment of a representative of the employer community;

      (3) Four (4) members from organized labor shall be appointed by the governor;

      (4) Two (2) members from community-based organizations shall be appointed by the

governor;

      (5) The president of the senate and the speaker of the house shall appoint one individual

each from their respective chambers to be members of the council.

     (b) The board may establish an executive committee composed of members appointed by

the chair. The board may delegate to the executive committee any powers of the board except

those powers that are required by law to be exercised by the board. The chair may also appoint ad

hoc committees, workgroups, or task forces to assist the board as appropriate.

     (c) Members serving as of the effective date of this act on the state workforce investment

board established pursuant to Executive Order No. 05-18 ordered on September 22, 2005, shall

continue to serve their terms of office as members of the governor's workforce board established

under this chapter.

     42-102-3. Officers. [Effective February 1, 2015.] -- (a) The position of chairperson

shall be unpaid and the individual that who is appointed chairperson shall serve a three (3) year

(3) term. The governor may reappoint the individual appointed chairperson to serve another three

(3) year (3) term.

      (b) The secretary of commerce shall be vice-chair, and is authorized to preside over

meetings in the absence of the chairperson.

      (c) Executive director. - The council workforce board, in consultation with the governor,

shall appoint an executive director who shall serve at the pleasure of the council workforce board,

provided that the executive director's initial engagement by the council workforce board shall be

for a period of not more than three (3) years. The position of executive director shall be in the

unclassified service of the state and he or she shall serve as the chief executive officer of the

council workforce board.

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     42-102-4. Terms of office and voting. -- (a) Of the thirteen (13) seventeen (17) public

members appointed by the governor, with the advice and consent of the senate, seven (7) nine (9)

shall be appointed for a term of two (2) years, and six (6) eight (8) shall be appointed for three (3)

years. After the initial appointments of those individuals serving two (2) year (2) terms, they, or

their successors, shall be appointed to three (3) year (3) terms. A vacancy in the office of a

member, other than by expiration of the member's term, shall be filled in the same manner as the

original appointment, but only for the remainder of the prevailing term. Members whose terms

expire may be reappointed.

      (b) Only members shall have the right to vote.

      (c) A majority of duly appointed members shall constitute a quorum; provided, however,

that at least six (6) members shall be necessary for a quorum. A simple majority of board

members shall constitute a quorum.

     42-102-5. Compensation and expenses. -- The members of the council workforce board

shall receive no compensation for their services as members, but may, at the discretion of the

executive director of the council workforce board, be reimbursed for traveling and other expenses

actually incurred in the performance of their official duties. The compensation paid the executive

director, personnel, and other support staff, and the administrative costs shall be drawn from the

job development fund; provided, however, that the administrative expenses shall not exceed

thirteen percent (13%) of any sum collected in the taxable year.

     42-102-6. Duties. [Effective February 1, 2015.] Powers and duties. [Effective

February 1, 2015.] -- (a) The council shall meet with other entities involved with vocational

education, labor, and training and shall be responsible for the planning of labor and training

activities to ensure that a comprehensive and cohesive plan is developed. The council shall take

into consideration the needs of all segments of the state's citizenry in establishing goals and

training objectives.

      (b) The council shall establish policy to ensure the effectiveness and efficiency of

programs and activities as they pertain to labor and training, including the workforce needs of

state employers.

      (c) The council shall provide funding for special projects that will increase and improve

the skill base of Rhode Island's workforce. The council shall take into account labor market

information from the Rhode Island economic development corporation to help establish training

needs. In addition, the council shall have the following responsibilities:

      (1) Prepare and submit by September 1, 1992 and thereafter annually, a proposed budget

for the ensuing year for the governor's approval;

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      (2) The auditor general shall conduct annual audits of all financial accounts and any

other audits that he or she shall deem necessary.

      (3) Ensure that, for those contracts or grants characterized as training or upgrading, the

administrative expenses of the private or public entity awarded the contract or grant shall not

exceed fifteen percent (15%) of the total contract or grant.

      (4) Receive any gifts, grants, or donations made and to disburse and administer them in

accordance with the terms thereof; and

      (5) Allocate moneys from the job development fund for projects to implement the

recommendations of the council, including, but not limited to, technology transfers or technical

assistance to manufacturers to improve their operations through the use of appropriate

technologies; provided, that for fiscal year 2005, a minimum of three million four hundred

thousand dollars ($3,400,000) from the job development fund shall be allocated for adult literacy

programs.

      (6) Within ninety (90) days after the end of each fiscal year, the council shall approve

and submit an annual report to the governor, the speaker of the house, the president of the senate,

and the secretary of state, of its activities during the fiscal year. The report shall provide: an

operating statement summarizing meetings or hearings held, meeting minutes if requested,

subjects addressed, decisions rendered, rules and regulations promulgated, studies conducted,

policies and plans developed, approved or modified, and programs administered or initiated; a

consolidated financial statement of all funds received and expended including the source of funds,

a listing of any staff supported by these funds, and a summary of clerical, administrative,

professional or technical reports received; a summary of performance during the previous fiscal

year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints,

suspensions or other legal matters related to the authority of the council; a summary of any

training courses held pursuant to subsection 42-102-2(c); a briefing on anticipated activities in the

upcoming fiscal year; and findings and recommendations for improvement. The report, within

thirty (30) days of its completion, shall be posted electronically on the general assembly and

secretary of state's websites. The director of the department of administration shall be responsible

for the enforcement of this provision.

     (a) Strategic statewide employment and training plan.

     (1) The board shall meet with other entities involved with career and technical education,

workforce development, and career training and shall be responsible for the development of a

comprehensive, and cohesive statewide employment-and-training plan. The strategic, statewide

employment-and-training plan shall include goals and objectives for serving the state's existing

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and emerging workforce utilizing all state and federal workforce development programs. The

board shall take into consideration the needs of all segments of the state's citizenry in establishing

goals and training objectives, including the workforce needs of the state's employers.

     (2) The strategic statewide employment and training plan shall be developed biennially

and shall cover the subsequent, two (2) fiscal years. Said biennial plans shall be submitted on

November 15. The biennial plan shall outline goals and objectives of the coordinated programs

system, major priorities needed for the next two year (2) period, and policies and requirements

necessary to meet those priorities. The board shall provide a funding plan necessary to achieve

system priorities and serve the anticipated number of participants and shall identify the general

revenue funds necessary to meet program needs, taking into account anticipated federal, private,

and other sources of funds. The biennial plan shall incorporate the annual unified workforce

development system report required pursuant to subsection (f) in those years in which both

reports are due.

     (3) The board shall develop and maintain a comprehensive inventory and analysis of

workforce development activities in the state to support the biennial statewide employment and

training plan. The analysis shall include, but not be limited to, an examination of the populations

being served across the different employment and training and adult education programs across

the state; the number of participants being served by these programs; the type of services

provided; and the eligibility requirements of each of these programs. The analysis shall also

identify the funding sources (all sources) used in these programs; the service providers within the

state; as well as the range of services provided. The analysis shall also examine the employer role

in workforce development activities, including, but not limited to, how employer needs are

assessed, benefits employers receive for partnering with workforce development organizations,

and the role employers play in developing programs and providing training.

     (4) The board shall establish and convene an advisory group to assist in the development

of this comprehensive inventory and analysis that consists of stakeholders and organizations with

specific knowledge and expertise in the area of workforce development.

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

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

board to facilitate the purposes of the board, including the development of the statewide,

employment-and-training plan.

     (6) Elements of the statewide employment and training plan established pursuant to

subsection (a) of this section may inform the development of the state workforce investment plan

required pursuant to § 42-102-6(d)(2)(i).

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     (b) Performance management and coordination of employment and training programs.

     (1) The board shall establish statewide policies, definitions, objectives, goals, and

guidelines for the coordination of all employment and training programs and related services and

programs within the state, including:

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

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

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

training;

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

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

Nutrition Assistance Program (SNAP) Employment and Training Program; Vocational

Rehabilitation Act of 1973, and any other employment and training and related services and

employment-related educational programs administered by the state's department of human

services;

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

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

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

the board of education;

     (iv) The state department of corrections training programs for ex-offenders to help them

reintegrate into the community and re-enter employment;

     (v) Projects and services funded through the job development fund pursuant to § 42-102-

6(e)(1);

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

educational programs, either presently existing or hereinafter established that are administered by

any state agencies, departments, or councils; and

     (vii) Programs included within subsections (b)(1)(i) through (b)(1)(vi) of this section

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

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

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

employment-related educational programs administered by the board of education, the workforce

board and board of education shall establish a process for the development and preparation of all

these plans and the board of education shall approve the plan subject to review and comment by

the workforce board; provided, however, that the responsibilities and duties of the board of

education, as set forth in the general laws, shall not be abridged.

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

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

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

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

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

Federal Social Security Act shall not be abridged.

     (4) With respect to plans for training ex-offenders to help them reintegrate into the

community and re-enter employment, and any other employment and training programs

administered by the state's department of corrections, the responsibilities and duties of the

department, as set forth in the general laws, shall not be abridged.

     (5) The board shall review, comment on, or approve as appropriate all plans for

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

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

shall include, but not be limited to:

     (i) Establishing and communicating uniform policies and consistent terms and

definitions;

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

councils within the coordinated-programs system;

     (iii) Standardizing and coordinating program planning, evaluation, budgeting, and

funding processes;

     (iv) Recommending structural and procedural changes;

     (v) Establishing performance goals and measurements for monitoring the effectiveness of

the programs provided through the coordinated-programs system; and

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

among those goals.

     (c) Comprehensive system improvement plan.

     (1) The 2015 unified workforce development system report required pursuant to § 42-

102-6(f) and due on November 15, 2015 shall include an additional, comprehensive system-

improvement plan to facilitate the seamless and coordinated delivery of workforce services in this

state, consistent with the goals and objectives of the board's statewide employment and training

plan. In developing the comprehensive, system-improvement plan, the board shall review the

roles, responsibilities, and functions of all state employment-and-training programs. The study

shall identify any gaps in the services provided by those programs; any barriers to integration and

cooperation of these programs; and any other matters that adversely affect the seamless delivery

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of workforce-development systems in the state.

     (2) The board shall include in the comprehensive, system-improvement plan:

     (i) A list of specific barriers, whether structural, regulatory, or statutory, that adversely

affect the seamless, and coordinated, delivery of workforce development programs and services

in this state, as well as recommendations to overcome or eliminate these barriers; and

     (ii) Recommendations for providing, at a minimum, board comment and review of all

state employment and training programs, to ensure such programs are consistent with the board's

statewide employment and training plan, and meet the current, and projected, workforce demands

of this state, including programs that, pursuant to state or federal law or regulation, must remain

autonomous.

     (3) The recommendations developed by the board under subsection (c)(1) must identify

the state agency or department that is responsible for implementing each recommendation; and

include a time frame for the implementation of each recommendation. The governor may include

such recommendations in his or her proposed budget the following fiscal year.

     (d) Workforce investment act responsibilities.

     (1) The board shall assume the duties and responsibilities of the state workforce

investment board established pursuant to Executive Order 05-18 dated September 22, 2005, as

outlined in subsection(c)(2).

     (2) The board shall assist the governor and the general assembly in:

     (i) Developing a state workforce investment plan for the purposes of the Workforce

Investment Act of 1998 (WIA) and the Wagner-Peyser Act;

     (ii) Actively promoting and coordinating private sector involvement in the workforce-

investment system through the development of partnerships among state agencies, the business

community, and the Board;

     (iii) Ensuring that the current, and projected, workforce needs of Rhode Island employers

inform and advise Rhode Island's education and workforce development system;

     (iv) Providing oversight of local workforce-investment boards, whose primary role in the

workforce investment system is to deliver employment, training, and related education services in

their respective local area; and

     (v) Developing a statewide system of activities that are funded under the WIA or carried

out through the one-stop delivery system, including:

     (A) Assuring coordination and non duplication among the programs and activities carried

out by one-stop partners;

     (B) Reviewing local workforce-investment plans;

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     (C) Designating local workforce-investment areas in accordance with federal law;

     (D) Developing allocation formulas for the distribution of funds for adult employment

and training activities and youth activities to local areas;

     (E) Developing comprehensive state performance measures as prescribed by federal law,

including state-adjusted levels of performance, to assess the effectiveness of the workforce-

investment activities in the state;

     (F) Preparing the annual report to the Secretary of Labor described in WIA;

     (G) Developing the statewide employment statistics system;

     (H) Developing an application for incentive grants;

     (I) Carrying out the responsibilities of a local board as outlined in WIA; and

     (J) Addressing any other issue requiring input from the board under the provisions of

WIA.

     (e) Job development fund responsibilities.

     (1) The board shall allocate monies from the job-development fund for projects to

implement the recommendations of the board consistent with the statewide employment and

training plan established pursuant to § 42-102-6(a).

     (f) Unified workforce development system report.

     (1) The board shall produce and submit an annual, unified, workforce development

system report to the governor, the speaker of the house, the president of the senate, and the

secretary of state. The report shall be submitted annually on November 15. The report shall cover

activity having taken place the preceding fiscal year ending June 30 and shall include:

     (i) A fiscal and programmatic report for the governor's workforce board covering the

previous fiscal year including:

     (A) A summary of the board's activities and accomplishments during the previous fiscal

year;

     (B) A summary of clerical, administrative, professional, or technical reports received by

the board during the previous fiscal year, if applicable;

     (C) A briefing on anticipated activities in the upcoming fiscal year;

     (D) A consolidated financial statement of all funds received, and expended, by the board,

including the source of funds, during the previous fiscal year;

     (E) A listing of any staff supported by these funds;

     (ii) A unified, expenditure and program report for statewide employment and training

programs and related services including:

     (A) Expenditures by agencies for programs included in § 42-102-6(b)(1), including

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information regarding the number of individuals served by each program; demographic

information by gender, race and ethnicity; outcome and program-specific performance

information as determined by the board, and such other information as may be determined by the

board, including, but not limited to, the attainment of credentials;

     (2) Beginning November 15, 2015, program expenditures included in the unified

workforce-development-system report shall be categorized as administrative, program delivery,

or other costs; the report shall further include information on the cost-per-individual served

within each program, through a manner determined by the board;

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

the coordinated-programs system, shall be required to provide the board with the information

necessary to produce the unified workforce-development-system report.

     42-102-7. Authority. -- (a) The council workforce board ("board") shall have all

authority necessary to fulfill its responsibilities. The council board shall adopt a mission

statement, goals and objectives, policies, and a biennial plan to accomplish the purposes of this

chapter. The council board shall have primary responsibility to approve and certify all

employment and training programs. To the extent that there is a conflict between federal law and

this section, federal law shall prevail.

      (b) The council board shall develop policy and procedures whereby those entities not

meeting the goals and objectives of the council may be sanctioned. In addition, the council board

shall also:

      (1) Establish and publish standards for considering projects and awarding grants;

      (2) Provide ongoing evaluation of each project funded by the council board;

      (3) Provide for fiscal and accounting controls to monitor and audit grants and awards;

and

      (4) Adopt by-laws consistent with this chapter, which by-laws shall include provisions

for the creation of an audit committee and a governance committee.

     (c) The board shall annually prepare and submit a proposed budget for the ensuing year

for the governor's approval;

     (d) The auditor general shall conduct annual audits of all financial accounts and any other

audits that he or she shall deem necessary;

     (e) The board shall ensure that, for those contracts or grants characterized as training or

upgrading, the administrative expenses of the private or public entity awarded the contract or

grant shall not exceed fifteen percent (15%) of the total contract or grant;

     (f) The board may receive any gifts, grants, or donations made and to disburse and

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administer them in accordance with the terms thereof.

     42-102-8. Application of other laws. -- The council workforce board ("board") shall be

subject to the provisions as outlined in chapter 2 of title 38 ("Access to Public Records"); chapter

35 of this title ("Administrative Procedures"); and chapter 46 of this title ("Open Meetings"). In

addition, the members of the council board shall be subject to the provisions outlined in chapter

14 of title 36 ("Code of Ethics").

     42-102-10. State Career Pathways System. -- The human resource investment council

workforce board ("board") shall establish support and oversee a State Career Pathways System

for the purposes of increasing the skill level of Rhode Island workers in alignment with industry

needs statewide efforts to develop and expand career pathways that enable individuals to secure

employment within a specific industry or occupational sector and to advance over time to

successively higher levels of education and employment in that sector. Towards this purpose the

council board shall establish a task force of fifteen (15) members. Nine (9) members of the task

force shall be appointed by the governor from recommendations made by the human resource

investment council, two (2) of whom shall be representatives of the state Industry Partnerships;

two (2) of whom shall be representatives of the adult education profession (one of which shall be

a representative of the office of Adult Education Services at the Rhode Island department of

education); three (3) of whom shall be persons who, because of vocation, employment or

affiliation, can be classified as employers; and two (2) of whom shall be persons who, because of

vocation, employment or affiliation, can be classified as employees. The commissioner of higher

education, the commissioner of elementary and secondary education, the director of the

department of labor and training, the executive director of the economic development corporation

and the director of the community college of Rhode Island's center for workforce and community

education shall serve on the task force by virtue of their respective positions. The governor shall

also appoint a chair of the task force to be chosen from amongst the membership of the human

resource investment council convene an advisory committee comprised of representatives from

business, labor, adult education, secondary education, higher education, the department of

corrections, the executive office of health and human services, the office of library and

information services, community-based organizations, and the public workforce system. The task

force shall work in coordination with the adult education committee of the human resource

investment council to develop and oversee the career pathways system.

     42-102-11. State Work Immersion Program. -- (a) (1) The council workforce board

("board") shall develop a state, work-immersion program and a non-trade, apprenticeship

program. For the purposes of this section, work-immersion shall mean a temporary, paid, work

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experience that provides a meaningful learning opportunity and increases the employability of the

participant. The programs shall be designed in order to provide post-secondary school students,

recent college graduates, and unemployed adults with a meaningful work experience, and to assist

businesses employers by training individuals for potential employment.

      (2) Funding for the work immersion program will be allocated from the job development

fund account and/or from funds appropriated in the annual appropriations act. Appropriated funds

will match investments made by businesses employers in providing meaningful work immersion

positions and non-trade apprenticeships.

      (b) For each participant in the work immersion program, the program shall reimburse

eligible businesses employers up to fifty percent (50%) of the cost of not more than two hundred

(200) four hundred (400) hours of work experience and during a period of ten (10) weeks. If an

eligible business employer hires a program participant at the completion of such a program, the

state may provide reimbursement for a total of seventy-five percent (75%) of the cost of the

work-immersion position.

      (c) The council board shall create a non-trade apprenticeship program and annually

award funding on a competitive basis to at least one new initiative proposed and operated by the

Ggovernor's Wworkforce Bboard Iindustry Ppartnerships. This program shall meet the standards

of apprenticeship programs defined pursuant to section §28-45-9 of the general laws. The council

board shall present the program to the Sstate Aapprenticeship Ccouncil, established pursuant to

chapter 28-45 of title 28 of the general laws, for review and consideration.

      (d) An eligible participant in programs established in subsections (b) and (c) must be at

least eighteen (18) years of age and must be a Rhode Island resident. Provided, however, any

non-Rhode Island resident, who is enrolled in a college or university located in Rhode Island, is

eligible to participate while enrolled at the college or university.

      (e) In order to fully implement the provisions of this section, the council board is

authorized to promulgate rules and regulations. In developing rules and regulations, the council

shall consult with the Governor's Workforce Board. The rules and regulations shall define eligible

businesses that can participate in the programs created by this section.

     SECTION 5. Section 42-102-9 of the General Laws in Chapter 42-102 entitled "Rhode

Island Human Resource Investment Council" is hereby repealed.

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

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

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

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

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

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

labor and training;

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

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

Nutrition Assistance Program Employment and Training Program; Vocational Rehabilitation Act

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

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

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

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

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

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

elementary and secondary education; and

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

educational programs either presently existing or hereinafter established which are administered

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

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

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

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

general laws, shall not be abridged.

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

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

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

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

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

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

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

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

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

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

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

the federal Social Security Act shall not be abridged.

      (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

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

shall include, but not be limited to:

      (1) Establishing and communicating uniform policies;

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

councils within the coordinated programs system;

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

      (4) Recommending structural and procedural changes;

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

of members of the coordinated programs system;

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

among those goals; and

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

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

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

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

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

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

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

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

including, but not limited to, attainment of credentials.

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

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

necessary to produce the Unified Workforce Development Expenditure and Program Report

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

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

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

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

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

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

other authority necessary for effective coordination and implementation of the coordinated

programs system.

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

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

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covering the subsequent two fiscal years. Subsequent biennial plans shall be submitted on

November 15. The biennial plan shall outline goals and objectives of the coordinated programs

system, major priorities needed for the next two (2) year period, and policies and requirements

necessary to meet those priorities. The council shall provide a funding plan necessary to achieve

system priorities and to serve the anticipated number of participants and shall identify the general

revenue funds necessary to meet program needs, taking into account anticipated federal, private

and other sources of funds. The biennial plan shall incorporate the annual Unified Workforce

Development Expenditure and Program Report in those years in which both reports are due.

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

workforce development activities in the state to support the biennial report in subsection 42-102-

9(h). The analysis shall include, but not be limited to, an examination of the populations being

served across the different employment and training and adult education programs across the

state, the number of participants being served by these programs, the type of services provided

and the eligibility requirements of each of these programs. The analysis shall also identify the

funding sources (all sources) used in these programs, the service providers within the state, as

well as the range of services provided. The analysis shall also examine the employer role in

workforce development activities, including, but not limited to, how employer needs are assessed,

benefits employers receive for partnering with workforce development organizations, and the role

employers play in development and training.

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

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

knowledge and expertise in the area of workforce development.

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

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

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

     SECTION 6. Section 42-6.1-1 of the General Laws in Chapter 42-6.1 entitled

"Governor's Commerce and Workforce Coordination Cabinet" is hereby amended to read as

follows:

     42-6.1-1. Creation -- Members. -- There is hereby established within the executive

branch of state government a commerce and workforce coordination cabinet comprised of

officials from state agencies with responsibility and oversight relating to economic and workforce

development. The cabinet shall include, but not be limited to, the following members, upon his or

her appointment: the secretary of commerce, the director of the economic development

corporation, the director of the department of transportation, the director of the department of

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administration, the director of the division of revenue, the director of the department of human

services, the commissioner of higher education, the commissioner of elementary and secondary

education, the director of the department of business regulation, the director of the department of

environmental management, the director of the department of labor and training, the director of

the department of corrections, the chair of the governor's workforce board, or his or her designee,

and the executive director of Rhode Island housing.

     SECTION 7. This act shall take effect on February 1, 2015.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- GOVERNOR'S WORKFORCE

BOARD RHODE ISLAND

***

     This act would substitute the Rhode Island Human Resource Investment Council with the

Governor's Workforce Board Rhode Island. The act would make the workforce board the

principal workforce policy body for the state by strategically implementing and overseeing

policies to create and expand employment opportunities.

     This act would take effect on February 1, 2015.

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