Georgia-2009-HB1195-Introduced

To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by repealing Chapter 14, relating to the Governor's Employment and Training Council, and enacting a new Chapter 14 to read as follows:

As used in this chapter, the term:

(1) 'Board' means the Georgia Workforce Investment Board.

(2) 'Director' means the executive director of the Governor's Office of Workforce Development.

(3) 'Federal law' means the Workforce Investment Act of 1988, Public Law 105-220.

(4) 'Georgia Work Ready' means the state's branded workforce development enterprise implemented by the Governor's Office of Workforce Development that links education and workforce development together and aligns to the economic development needs at the local, regional, and state levels.

(a) Pursuant to the Workforce Investment Act of 1998, Public Law 105-220, there is created the Georgia Workforce Investment Board.

(b) The board shall consist of the following members:

(2) The Commissioner of Labor;

(3) The commissioner of economic development;

(4) The commissioner of community affairs;

(5) The chancellor of the University System of Georgia;

(6) The commissioner of technical and adult education;

(7) The State School Superintendent;

(8) The commissioner of early care and learning;

(9) The commissioner of juvenile justice;

(10) The director of the Office of Planning and Budget;

(11) Twenty members of the business community, appointed by the Governor, who shall represent business as an owner or a high-level executive of a company that represents the employment opportunities in this state and who shall be nominated by a state business organization or trade association;

(12) Two municipal elected officials, appointed by the Governor, of which one shall also represent the business community;

(13) Two county elected officials, appointed by the Governor, of which one shall also represent the business community;

(14) One representative of an organization, appointed by the Governor, that has experience with youth activities;

(15) One representative of a workforce investment service delivery organization, appointed by the Governor;

(16) One representative of labor organizations nominated by the state labor federation, appointed by the Governor;

(17) Two members of the House of Representatives, appointed by the Speaker of the House; and

(18) Two members of the Senate, appointed by the Lieutenant Governor.

(d) The chairperson and vice chairperson of the board shall be elected by the members set forth in paragraph (11) of subsection (b) of this Code section.

(e) The members of the board shall serve for three-year terms and shall continue at the discretion of the Governor or the official who appointed such member.

(f) It shall be the duty of the Governor or the official who appointed such member to fill any vacancy. A position on the board shall be considered vacant on the date the term expires or when a member becomes ineligible, is removed, resigns, or dies. In the case of an appointment to fill a vacancy on the board, the replacement member's term shall begin on the date of concurrence by the Governor as to the member's replacement unless otherwise specified by the Governor and shall end on the date designated for the original appointment for which the replacement is selected.

(g) Appointed members of the board may be removed for cause by the Governor or the official who appointed such member. Such removal for cause shall be at the discretion of the Governor or appointing official or as otherwise prescribed by the board's bylaws.

(h) The board shall have such powers and duties as specified by the Governor and as provided by federal law, including, but not limited to, assisting the Governor in the development of an annual state workforce development strategic plan to be implemented through Georgia Work Ready, establishing performance standards and benchmarks, providing guidance on the strategic plans of local workforce investment boards, establishing local workforce investment areas, establishing one-stop development centers, developing allocation formulas for distribution of funds to local areas, and preparing an annual report for the United States secretary of labor.

(i) The board shall adopt bylaws to guide its proceedings.

(j) The board shall be funded as provided by this chapter and federal law.

(k) The board shall be attached to the Office of Planning and Budget for administrative purposes only.

(l) Each member of the board who is not otherwise a state officer or employee shall be authorized to receive reimbursement for reasonably necessary travel expenses incurred in the performance of his or her duties as a member of the board, provided that such funds are available. Should funds not be available for this purpose, such members shall serve without compensation. Each member of the board who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for reasonably necessary travel expenses actually incurred in the performance of his or her duties as a member of the board. Except as otherwise provided in this subsection, members of the board shall receive no compensation for their services.

(m) The board shall be authorized to consult with and form committees with members and persons knowledgeable on the subject matter at issue in order to carry out effectively its duties. Such consultants shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the board, provided such travel and other expenses are approved by the director.

(n) The Governor's Office of Workforce Development shall be authorized to employ and contract with other individuals and organizations as needed to assist in executing the board's responsibilities.

(o) All state departments, institutions, agencies, commissions, councils, authorities, boards, bureaus, or other entities of the state shall provide all information and support as required by the board to perform its duties.

(a) There is established a coordinating council of the board, to be known as the Coordinating Council of the Georgia Workforce Investment Board and to be composed of the following members of the board:

(2) The Commissioner of Labor;

(3) The commissioner of economic development;

(4) The commissioner of community affairs;

(5) The chancellor of the University System of Georgia;

(6) The commissioner of technical and adult education;

(7) The State School Superintendent;

(8) The commissioner of early care and learning;

(9) The commissioner of juvenile justice; and

(10) The director of the Office of Planning and Budget.

The Governor shall be the chairperson of the coordinating council, and the Commissioner of Labor shall be the vice chairperson of the coordinating council.

(b) The coordinating council shall work with the board in assisting the Governor to promote and implement state-wide workforce development strategies and shall provide administrative support to the board in overseeing the implementation of the workforce development system.

(a) The Governor's Office of Workforce Development is hereby established to implement state workforce development policy as directed by the Governor and to serve as staff to the board.

(b) The Governor's Office of Workforce Development shall have an executive director appointed by the Governor whose duties are to implement state-wide workforce development policy as directed by the Governor, to serve as workforce development policy advisor to the Governor, and to serve as executive director to the board.

(c) The Governor's Office of Workforce Development shall develop a budget for the Governor in consultation with the board.

(d) The Governor's Office of Workforce Development shall be attached to the Office of Planning and Budget for administrative purposes only.

The annual allocation reserved for state-wide workforce activities and administration by federal law, with a minimum of 10.5 percent and up to a maximum of 15 percent of the amount set aside, known as the 'Governor's discretionary funds,' shall be reserved for use by the Governor to support state-wide workforce activities recommended by the board and within parameters set forth in Section 128 of the Workforce Investment Act of 1988, Public Law 105-220, and implemented through the creation of the Georgia Work Ready program."