Chapter 321
2010 -- S 2836 AS AMENDED
Enacted 12/15/10
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -
RESOURCE
INVESTMENT COUNCIL
Introduced By: Senators P Fogarty, Ruggerio, Ciccone, Picard, and Tassoni
Date Introduced: April 29, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Legislative findings.
The legislature hereby finds and declares as follows:
(a)
That the economic future of
upon the ability of local businesses to compete in the
global 21st century economy, and that the
continuous improvement of workers’ skills will help provide the
competitive edge critical for
both business and employee success.
(b)
That in order to best move those with low skills into the labor market and up
the
career ladder, increase the number of individuals in the
middle skill wage distribution, and
expand the number of highly skilled workers, multiple career
pathways that feature a series of
connected education and training programs that lead to higher
levels of skill and employment
must be supported by the workforce development system of
the state.
(c)
That to be successful, career pathways must be closely aligned with industry
needs
based on labor market information and be accountable for
their effectiveness.
(d)
That the Governor’s Workforce Board with and through the Human Investment
Council is uniquely
authorized and constituted to best coordinate the development and oversight
of a career pathways system.
SECTION 2. Sections 42-102-6 and 42-102-9 of the General
Laws in Chapter 42-102
entitled "Rhode Island Human Resource Investment
Council" are hereby amended to read as
follows:
42-102-6.
Duties. -- (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.
(c) The council shall
provide funding for special projects that will increase and improve
the skill base of
information from the
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;
(2) Prepare and
submit to the governor, the general assembly, and the auditor general by
April 1 of each year an annual
report on the council's goals, policies, and activities. 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.
42-102-9. Powers
and duties of the
-- 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:
(1) State and local
programs sponsored under the federal Job Training Partnership Act,
29 U.S.C. section 49 et seq.; 29 U.S.C. section 1501 et seq. [repealed_;
(1)(2)
The state department of labor and training programs sponsored under the federal
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)(3)
Employment and training programs sponsored under the federal Family Support
Act of 1988, 42 U.S.C. section 602 et seq., and
codified throughout 42 U.S.C. sections 1395 --
1396 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)(4)
Employment and training programs sponsored under the federal Carl D.
Perkins
Vocational Education Act, 20 U.S.C. section 2301 et
seq., the federal Adult Education Act, 20
U.S.C. section 1201 et seq. [repealed] 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)(5)
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) -- (5)
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 JOBS program operated under the authority of the
Family Support Act of 1988, 42
U.S.C. section 602 et seq., and codified throughout 42 U.S.C.
sections 1395 -- 1396,
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
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; and
(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. 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.
(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 January 1, 1994. 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.
SECTION 3. Chapter 42-102 of the General Laws entitled
"Rhode Island Human
Resource Investment
Council" is hereby amended by adding thereto the following section:
42-102-10.
State Career Pathways System -. – (a) The human resource investment
council shall establish and oversee a State Career Pathways System
for the purposes of increasing
the skill level of
the council 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
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
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. 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.
SECTION 4. This act shall take effect upon passage.
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LC02453
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