Bill Text: IA SF2313 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to employment services programs administered by the department of workforce development by providing for conformity with federal law concerning the workforce development board, authorizing the department to carry out certain actions relating to the unemployment insurance program, making an appropriation, and including effective date provisions. (Formerly SSB 3176.)
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2016-04-29 - Sent to Governor. S.J. 0. [SF2313 Detail]
Download: Iowa-2015-SF2313-Enrolled.html
Senate File 2313 - Enrolled
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SSB
3176)
\5
A BILL FOR
\1
Senate File 2313
AN ACT
RELATING TO EMPLOYMENT SERVICES PROGRAMS ADMINISTERED BY
THE DEPARTMENT OF WORKFORCE DEVELOPMENT BY PROVIDING
FOR CONFORMITY WITH FEDERAL LAW CONCERNING THE WORKFORCE
DEVELOPMENT BOARD, AUTHORIZING THE DEPARTMENT TO CARRY OUT
CERTAIN ACTIONS RELATING TO THE UNEMPLOYMENT INSURANCE
PROGRAM, MAKING AN APPROPRIATION, AND INCLUDING EFFECTIVE
DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
CONFORMITY WITH FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY
ACT
Section 1. Section 84A.1A, subsection 1, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
An Iowa workforce development board is created, consisting
of nine voting members appointed by the governor and twelve
sixteen ex officio, nonvoting members.
Sec. 2. Section 84A.1A, subsection 1, paragraph b, Code
2016, is amended to read as follows:
b. The ex officio, nonvoting members are four legislative
members; one president, or the president's designee, of
the university of northern Iowa, the university of Iowa, or
Iowa state university of science and technology, designated
by the state board of regents on a rotating basis; one
representative from the largest statewide public employees'
organization representing state employees; one president, or
the president's designee, of an independent Iowa college,
appointed by the Iowa association of independent colleges and
universities; one superintendent, or the superintendent's
designee, of a community college, appointed by the Iowa
association of community college presidents; one representative
of the vocational rehabilitation community appointed by
the state rehabilitation council in the division of Iowa
vocational rehabilitation services; one representative of
the department of education appointed by the state board of
education; one representative of the economic development
authority appointed by the director; one representative
of the department for the blind appointed by the director;
one representative of the department on aging appointed
by the director; one representative of the department of
corrections appointed by the director; one representative of
the department of human services appointed by the director; and
one representative of the United States department of labor,
office of apprenticeship. The legislative members are two
state senators, one appointed by the president of the senate
after consultation with the majority leader of the senate,
and one appointed by the minority leader of the senate from
their respective parties; and two state representatives, one
appointed by the speaker of the house of representatives
after consultation with the majority leader of the house of
representatives, and one appointed by the minority leader of
the house of representatives from their respective parties.
The legislative members shall serve for terms as provided in
section 69.16B.
Sec. 3. Section 84A.1A, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. a. The workforce development board
may designate and direct the activities of standing committees
of the workforce development board to provide information and
to assist the workforce development board in carrying out
its duties. Such standing committees shall be chaired by a
member of the workforce development board or a designee of
the workforce development board, may include other members
of the workforce development board, and shall include other
individuals appointed by the workforce development board who
are not members of the workforce development board and who
the workforce development board determines have appropriate
experience and expertise. At minimum, the workforce
development board shall designate each of the following:
(1) A standing committee to provide information and assist
with operational and other issues relating to the state
workforce development system.
(2) A standing committee to provide recommendations
regarding policies, procedures, and proven and promising
practices regarding workforce development programs, services,
and activities.
(3) A standing committee to provide information and to
assist with issues relating to the provision of services to
youth. The standing committee shall include community=based
organizations with a demonstrated record of success in serving
eligible youth.
(4) A standing committee to provide information and to
assist with issues relating to the provision of services to
individuals with disabilities, including issues relating to
compliance with applicable state and federal nondiscrimination
laws regarding the provision of programmatic and physical
access to the services, programs, and activities of the state
workforce development system, as well as appropriate training
for staff on providing supports for or accommodations to,
and finding employment opportunities for, individuals with
disabilities.
b. The workforce development board may designate standing
committees in addition to the standing committees specified in
paragraph "a".
Sec. 4. Section 84A.1B, subsections 1, 3, 7, and 8, Code
2016, are amended to read as follows:
1. Develop and coordinate the implementation of a
twenty=year four=year comprehensive workforce development
plan of specific needs, goals, objectives strategies, and
policies for the state. This plan shall be updated annually
every two years and revised as necessary. All other state
agencies involved in workforce development activities and
the regional advisory local workforce development boards for
workforce development shall annually submit to the board for
its review and potential inclusion in the plan their needs,
goals, objectives strategies, and policies.
3. Develop a method of evaluation of the attainment of
needs and goals and objectives from pursuing the strategies and
policies of the five=year and twenty=year plans four=year plan.
7. Review grants or contracts awarded by the department
of workforce development, with respect to the department's
adherence to the guidelines and procedures and the impact
on the five=year strategic four=year plan for workforce
development.
8. Make recommendations concerning the use of federal
funds received by the department of workforce development with
respect to the five=year and twenty=year workforce development
plans.
Sec. 5. Section 84A.1B, subsection 2, Code 2016, is amended
by striking the subsection and inserting in lieu thereof the
following:
2. Develop and coordinate the implementation of statewide
workforce development policies, procedures, and guidance to
align the state's workforce development programs and activities
in an integrated and streamlined state workforce development
system that is data driven and responsive to the needs of
workers, job seekers, and employers.
Sec. 6. Section 84A.1B, Code 2016, is amended by adding the
following new subsections:
NEW SUBSECTION. 10. Develop and coordinate strategies for
technological improvements to facilitate access to, and improve
the quality of, the state's workforce development services,
including all of the following:
a. Enhance digital literacy skills as defined in 20 U.S.C.
{9101.
b. Accelerate the acquisition of skills and recognized
postsecondary credentials by participants.
c. Strengthen the professional development of providers and
workforce professionals.
d. Ensure such technology is accessible to individuals with
disabilities and individuals residing in remote areas.
NEW SUBSECTION. 11. Develop and coordinate strategies for
aligning technology and data systems across state agencies
in order to improve the integration and coordination of the
delivery of workforce development services.
NEW SUBSECTION. 12. Identify and disseminate information
on proven and promising practices for meeting the needs
of workers, job seekers, and employers, including but not
limited to proven and promising practices for the effective
operation of workforce centers and systems; the development of
effective local workforce development boards; the development
of effective training programs; effective engagement with
stakeholders in the state's workforce development system;
effective engagement with employers; and increasing access
to workforce services for all Iowans, in particular for
individuals with a barrier to employment as defined in the
federal Workforce Innovation and Opportunity Act, Pub. L. No.
113=128, section 3(24).
NEW SUBSECTION. 13. Develop and coordinate the
implementation of allocation formulas for the distribution
of funds available for employment and training activities in
local workforce development areas under the federal Workforce
Innovation and Opportunity Act, Pub. L. No. 113=128, sections
128(b)(3) and 133(b)(3).
NEW SUBSECTION. 14. Provide recommendations to the
governor regarding the certification of local workforce
development boards.
NEW SUBSECTION. 15. Develop and coordinate the analysis
of labor market information in order to identify in=demand
industries and occupations.
NEW SUBSECTION. 16. Make recommendations to the governor
regarding the designation of local workforce development areas
and regions in the state under the federal Workforce Innovation
and Opportunity Act, Pub. L. No. 113=128, section 106.
NEW SUBSECTION. 17. Make recommendations to the general
assembly and governor regarding workforce development services,
programs, and activities.
Sec. 7. Section 84A.4, subsections 1 and 3, Code 2016, are
amended to read as follows:
1. A regional advisory local workforce development board
shall be established in each service delivery area as defined
in section 84B.2. The voting members of the each board shall
be appointed by the governor, consistent with the requirements
of federal law and in consultation with chief elected officials
within the region local workforce development area. Chief
elected officials responsible for recommendations for board
board's voting membership shall include, but are not limited
to, county elected officials, municipal elected officials,
and community college directors. The voting membership of
each board shall provide for equal representation of business
and labor and shall include a county elected official, a
city official, a representative of a school district, and a
representative of a community college. A local workforce
development board may appoint ex officio, nonvoting members.
3. Section 84A.1A, subsections 2, 3, and 5, apply to the
members of a regional advisory local workforce development
board except that the board shall meet if a majority of
the members of the board file a written request with the
chairperson for a meeting. Members of a regional advisory
local workforce development board shall be allowed their actual
and necessary expenses incurred in the performance of their
duties. All expenses shall be paid from appropriations for
those purposes and the department of workforce development is
subject to the budget requirements of chapter 8.
Sec. 8. Section 84A.4, subsection 2, Code 2016, is amended
by striking the subsection and inserting in lieu thereof the
following:
2. A local workforce development board shall do all of the
following:
a. Develop and coordinate the implementation of a four=year
comprehensive local workforce development plan that identifies
needs, goals, strategies, and policies for the local workforce
development area. A local workforce development plan shall
be updated every two years and revised as necessary. A local
workforce development board shall coordinate the convening of
local workforce development system stakeholders to assist in
the development of the local workforce development plan.
b. Develop and coordinate the alignment of the local area's
workforce development programs, services, and activities in an
integrated and streamlined workforce development system that
is data driven and responsive to the needs of workers, job
seekers, and employers.
c. Develop and coordinate policies that increase access
to workforce services for all Iowans, in particular for
individuals with a barrier to employment as defined in the
federal Workforce Innovation and Opportunity Act, Pub. L. No.
113=128, section 3(24).
d. Develop and coordinate the creation of reports as
required by section 84A.1B.
e. Develop a budget for the local workforce development
board's activities in the local workforce development area,
consistent with the four=year comprehensive local workforce
development plan, any modifications to the local workforce
development plan, and the local workforce development board's
duties under this section.
f. Convene workforce development system stakeholders to
identify expertise and resources to leverage support for
workforce development programs, services, and activities in the
local area.
g. Coordinate engagement among employers, employee
organizations, and economic development entities in the local
workforce development area. The local workforce development
board shall lead efforts to promote engagement among a diverse
range of employers and with other entities in the region to do
all of the following:
(1) Promote business representation on the local workforce
development board, particularly for representatives with
optimal policymaking or hiring authority of employers whose
employment opportunities reflect existing and emerging
employment opportunities in the region.
(2) Develop effective linkages with employers in the
region to support employer utilization of the local workforce
development system and to support local workforce investment
activities.
(3) Ensure that workforce investment activities meet the
needs of employers and support economic growth in the region
by enhancing communication, coordination, and collaboration
among employers, employee organizations, economic development
entities, and service providers.
(4) Develop and implement proven or promising strategies
for meeting the employment and skill needs of workers and
employers, such as participating in the establishment of
industry and sector partnerships as described under section
260H.7B, subsection 2, that provide the skilled workforce
needed by employers in the region and that expand employment
and career advancement opportunities for workforce development
system participants in in=demand industry sectors or
occupations.
h. Coordinate the performance of workforce research and
regional labor market analysis.
i. Participate in the development of strategies for using
technology to maximize the accessibility and effectiveness of
the local workforce development system.
j. Participate in the oversight of workforce development
programs and activities in the local workforce development
area.
k. Award grants or contracts as required by and consistent
with applicable state and federal law. To the extent permitted
by applicable state and federal law, the local workforce
development board shall consider awarding grants or contracts
to nonprofit organizations.
l. Designate a fiscal agent.
m. Participate in the development of performance
accountability measures for the local workforce development
area.
n. Participate in the identification and promotion of proven
and promising practices for meeting the needs of workers, job
seekers, and employers.
o. Coordinate activities with education and training
providers in the local workforce development area.
p. Participate in the identification of eligible providers
of training and career services within the local workforce
development area.
q. Make recommendations to the state workforce development
board regarding workforce development programs, services, and
activities.
r. Participate in the implementation of state workforce
development initiatives.
Sec. 9. Section 84A.4, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. A local workforce development board may
do the following:
a. Designate and direct the activities of standing
committees of the local workforce development board to provide
information and to assist the local workforce development board
in carrying out its duties. Such standing committees shall be
chaired by a member of the local workforce development board,
may include other members of the local workforce development
board, and shall include other individuals appointed by the
local workforce development board who are not members of the
local workforce development board and who the local workforce
development board determines have appropriate experience and
expertise.
b. Engage in regional coordination with one or more other
local workforce development areas under the federal Workforce
Innovation and Opportunity Act, Pub. L. No. 113=128, section
106.
Sec. 10. Section 84A.5, unnumbered paragraph 1, Code 2016,
is amended to read as follows:
The department of workforce development, in consultation
with the workforce development board and the regional
advisory local workforce development boards, has the primary
responsibilities set out in this section.
Sec. 11. Section 84A.5, subsection 9, unnumbered paragraph
1, Code 2016, is amended to read as follows:
The department of workforce development, in consultation
with the applicable regional advisory local workforce
development board, shall select service providers, subject to
approval by the workforce development board for each service
delivery area. A service provider in each service delivery
area shall be identified to coordinate the services throughout
the service delivery area. The department of workforce
development shall select service providers that, to the extent
possible, meet or have the ability to meet the following
criteria:
Sec. 12. Section 84A.6, subsection 1, Code 2016, is amended
to read as follows:
1. The department of workforce development, in consultation
with the workforce development board and the regional
advisory local workforce development boards, the department of
education, and the economic development authority shall work
together to develop policies encouraging coordination between
skill development, labor exchange, and economic development
activities.
Sec. 13. NEW SECTION. 84B.01 Workforce development system.
The departments of workforce development, education,
human services, and corrections, the economic development
authority, department on aging, the division of Iowa vocational
rehabilitation services of the department of education, and the
department for the blind shall collaborate where possible under
applicable state and federal law to align workforce development
programs, services, and activities in an integrated workforce
development system in the state and in each local workforce
development area that is data driven and responsive to the
needs of workers, job seekers, and employers. The departments,
authority, and division shall also jointly establish an
integrated management information system for linking workforce
development programs within local workforce development systems
and in the state.
Sec. 14. Section 84B.1, unnumbered paragraph 1, Code 2016,
is amended to read as follows:
The department of workforce development, in consultation
with the departments of education, human services, and human
rights corrections, the economic development authority,
the department on aging, the division of Iowa vocational
rehabilitation services of the department of education, and
the department for the blind, shall establish guidelines
for colocating state and federal employment and training
programs in centers providing services at the local level. The
centers shall be known as workforce development centers. The
departments and the authority shall also jointly establish
an integrated management information system for linking the
programs within a local center to the same programs within
other local centers and to the state. The guidelines shall
provide for local design and operation within the guidelines.
The core services available at a center shall include but are
not limited to all of the following:
Sec. 15. Section 84B.2, Code 2016, is amended to read as
follows:
84B.2 Workforce development centers ==== location.
A workforce development center, as provided in section
84B.1, shall be located in each service delivery area. Each
workforce development center shall also maintain a presence,
through satellite offices or electronic means, in each county
located within that service delivery area. For purposes of
this section, "service delivery area" means the area included
within a merged area, as defined in section 260C.2, realigned
to the closest county border as determined by the department
of workforce development. However, if the state workforce
development board determines that an area of the state would
be adversely affected by the designation of the service
delivery areas by the department, the department may, after
consultation with the applicable regional advisory local
workforce development boards and with the approval of the state
workforce development board, make accommodations in determining
the service delivery areas, including, but not limited to, the
creation of a new service delivery area. In no event shall the
department create more than sixteen service delivery areas.
Sec. 16. Section 260H.2, subsection 1, Code 2016, is amended
to read as follows:
1. A pathways for academic career and employment program
is established to provide funding to community colleges for
the development of projects in coordination with the economic
development authority, the department of education, the
department of workforce development, regional advisory local
workforce development boards established pursuant to section
84A.4, and community partners to implement a simplified,
streamlined, and comprehensive process, along with customized
support services, to enable eligible participants to acquire
effective academic and employment training to secure gainful,
quality, in=state employment.
Sec. 17. Section 260H.4, subsection 2, paragraph a, Code
2016, is amended to read as follows:
a. Economic and workforce development requirements in each
region served by the community colleges as defined by regional
advisory local workforce development boards established
pursuant to section 84A.4.
Sec. 18. Section 260H.4, subsection 2, paragraph b,
subparagraph (5), Code 2016, is amended to read as follows:
(5) Any other industry designated as in=demand by a regional
advisory local workforce development board established pursuant
to section 84A.4.
Sec. 19. Section 260H.8, Code 2016, is amended to read as
follows:
260H.8 Rules.
The department of education, in consultation with the
community colleges, the economic development authority, and the
department of workforce development, shall adopt rules pursuant
to chapter 17A and this chapter to implement the provisions of
this chapter. Regional advisory Local workforce development
boards established pursuant to section 84A.4 shall be consulted
in the development and implementation of rules to be adopted
pursuant to this chapter.
Sec. 20. Section 260I.6, subsection 2, paragraph e, Code
2016, is amended to read as follows:
e. Any other industry designated as in=demand by a regional
advisory local workforce development board established pursuant
to section 84A.4.
Sec. 21. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION II
UNEMPLOYMENT INSURANCE BENEFITS ==== AUTHORIZATION TO JOIN
CONSORTIUM AND USE CERTAIN FUNDS ==== APPROPRIATION
Sec. 22. AUTHORIZATION TO JOIN CONSORTIUM. The department
of workforce development is hereby authorized to join a
consortium with the states of Idaho and Vermont for the purpose
of modifying the Idaho unemployment benefit payment software
system so that it can be used to pay unemployment insurance
benefits by the state of Iowa.
Sec. 23. APPROPRIATION ==== UNEMPLOYMENT INSURANCE BENEFIT
PAYMENT SOFTWARE SYSTEM.
1. There is hereby appropriated out of funds made available
to the state of Iowa under section 903 of the Social Security
Act, as amended, the sum of one million seventy=six thousand
dollars, or so much thereof as may be necessary, to be used
under the direction of the department of workforce development,
for the purpose of modifying the Idaho unemployment insurance
benefit payment software system so that it can be used to pay
unemployment insurance benefits by the state of Iowa and for
the acquisition of programing, software, and equipment required
to provide an administrative and payment system for the Iowa
unemployment insurance program.
2. The funds hereby appropriated shall not be obligated
after the expiration of the two=year period beginning on the
date of the enactment of this section.
3. The amount obligated pursuant to this section shall
not exceed at any time the amount by which the aggregate of
the amounts transferred to the account of this state in the
unemployment trust fund pursuant to section 903 of the Social
Security Act, as amended, exceeds the aggregate of the amounts
obligated for administration and paid out for unemployment
insurance benefits and required by law to be charged against
the amounts transferred to the account of this state in the
unemployment trust fund.
Sec. 24. AUTHORIZATION OF USE OF FUNDS ==== UNEMPLOYMENT
INSURANCE BENEFIT PAYMENT SOFTWARE SYSTEM.
1. Four million eight hundred twenty=five thousand dollars,
or so much thereof as may be necessary, of incentive payment
funds credited with respect to the Assistance for Unemployed
Workers and Struggling Families Act, Pub. L. No. 111=5,
Division B, Tit. II, {2003, as codified in 42 U.S.C. {1103,
as a special transfer made under section 903(g) of the Social
Security Act, may be used under the direction of the department
of workforce development for the purpose of modifying the Idaho
unemployment insurance benefit payment system so that it can
be used to pay unemployment insurance benefits by the state
of Iowa and for the acquisition of programing, software, and
equipment required to provide an administrative and payment
system for the Iowa unemployment insurance program.
2. The funds hereby authorized for use shall not be
obligated after the expiration of the two=year period beginning
on the date of the enactment of this section.
Sec. 25. AUTHORIZATION OF USE OF FUNDS ==== UNEMPLOYMENT
INSURANCE BENEFIT OVERPAYMENTS.
1. Notwithstanding section 96.3, subsection 7, and section
96.3, subsection 10, paragraph "d", the department of workforce
development shall not pursue the recovery of any overpayments
of unemployment insurance benefits made to individuals caused
by a telephone system malfunction on March 8, 2014.
2. The department of workforce development is authorized to
make a one=time transfer of five hundred twenty=eight thousand,
three hundred seventy=nine dollars and sixty=eight cents, or
so much thereof as may be necessary, from moneys transferred
to the state on March 13, 2002, pursuant to section 903(d) of
the Social Security Act, to be deposited in the unemployment
compensation fund for the payment of unemployment insurance
benefits.
3. The funds hereby authorized for use shall not be
obligated after the expiration of the two=year period beginning
on the date of the enactment of this section.
Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2313, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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