Bill Text: IA SF2353 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the membership and duties of the state and local workforce development boards and related responsibilities of the department of workforce development and including effective date provisions. (Formerly SSB 3189.) Effective 5-16-18.
Spectrum: Committee Bill
Status: (Passed) 2018-05-16 - Signed by Governor. S.J. 1087. [SF2353 Detail]
Download: Iowa-2017-SF2353-Introduced.html
Senate File 2353 - Introduced SENATE FILE BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SSB 3189) A BILL FOR 1 An Act relating to the membership and duties of the state 2 and local workforce development boards and related 3 responsibilities of the department of workforce development 4 and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5281SV (1) 87 je/rj PAG LIN 1 1 Section 1. Section 84A.1A, subsection 5, Code 2018, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 5. A member of the workforce development board shall not do 1 5 any of the following: 1 6 a. Vote on a matter under consideration by the board that 1 7 concerns the provision of services by the member or by an 1 8 entity that the member represents. 1 9 b. Vote on a matter under consideration by the board that 1 10 would provide direct financial benefit to the member or the 1 11 immediate family of the member. 1 12 c. Engage in any other activity determined by the governor 1 13 to constitute a conflict of interest as specified in the state 1 14 workforce development plan. 1 15 Sec. 2. Section 84A.1A, Code 2018, is amended by adding the 1 16 following new subsections: 1 17 NEW SUBSECTION. 7. In addition to meeting the requirements 1 18 of chapter 22, the workforce development board shall make 1 19 available to the public, on a regular basis through electronic 1 20 means and, if applicable, through open meetings in accordance 1 21 with chapter 21, information regarding the activities of the 1 22 board, including all of the following: 1 23 a. Information regarding the state workforce development 1 24 plan, as required under the federal Workforce Innovation and 1 25 Opportunity Act, Pub. L. No. 113=128, prior to submission of 1 26 the state workforce development plan or modification of the 1 27 plan. 1 28 b. Information regarding the membership of the board. 1 29 c. The bylaws of the board. 1 30 NEW SUBSECTION. 8. Sections 69.16 and 69.16A shall apply 1 31 only to those members of the board appointed by the governor 1 32 pursuant to subsection 1, paragraph "a", subparagraph (8). 1 33 Sec. 3. Section 84A.1B, subsection 1, Code 2018, is amended 1 34 to read as follows: 1 35 1. Develop and coordinate the implementation of a four=year 2 1 comprehensive state workforce development plan of specific 2 2 needs, goals, strategies, and policies for the state. This 2 3 plan shall be updated every two years and revised as necessary. 2 4 All other state agencies involved in workforce development 2 5 activities and the local workforce development boards shall 2 6 submit to the board for its review and potential inclusion in 2 7 the plan their needs, goals, strategies, and policies. 2 8 Sec. 4. NEW SECTION. 84A.2 Definitions. 2 9 For purposes of this chapter: 2 10 1. "Chief elected official" means any of the following: 2 11 a. The chief elected executive officer of a unit of general 2 12 local government in a local workforce development area. 2 13 b. If a local workforce development area includes more 2 14 than one unit of general local government, the individuals 2 15 designated under the agreement described in section 84A.4, 2 16 subsection 2, paragraph "h", subparagraph (2). 2 17 2. "Community=based organization" means a private nonprofit 2 18 organization, which may include a faith=based organization, 2 19 that is representative of a community or a significant 2 20 segment of a community and that has demonstrated expertise and 2 21 effectiveness in the field of workforce development. 2 22 3. "Competitive integrated employment" means work that 2 23 is performed on a full=time or part=time basis, including 2 24 self=employment, to which all of the following apply: 2 25 a. All of the following apply to the individual performing 2 26 the work: 2 27 (1) The individual is compensated at a rate in accordance 2 28 with all of the following: 2 29 (a) If the individual is not self=employed, all of the 2 30 following apply: 2 31 (i) The rate of compensation shall not be less than the 2 32 higher of the applicable federal or state minimum wage. 2 33 (ii) The rate of compensation shall not be less than the 2 34 customary rate paid by the employer for the same or similar 2 35 work performed by other employees who are not individuals 3 1 with disabilities, and who are similarly situated in similar 3 2 occupations by the same employer and who have similar training, 3 3 experience, and skills. 3 4 (b) If the individual is self=employed, the rate of 3 5 compensation yields an income that is comparable to the income 3 6 received by other individuals who are not individuals with 3 7 disabilities, and who are self=employed in similar occupations 3 8 or on similar tasks and who have similar training, experience, 3 9 and skills. 3 10 (2) The individual is eligible for the level of benefits 3 11 provided to other employees. 3 12 b. The work is at a location where the individual interacts 3 13 with other persons who are not individuals with disabilities, 3 14 not including supervisory personnel or individuals who are 3 15 providing services to such individual, to the same extent that 3 16 individuals who are not individuals with disabilities and who 3 17 are in comparable positions interact with other persons. 3 18 c. The work, as appropriate, presents opportunities for 3 19 advancement that are similar to those for other employees who 3 20 are not individuals with disabilities and who have similar 3 21 positions. 3 22 4. "Cooperative agreement" means an agreement entered into 3 23 by a state=designated agency or state=designated unit under 3 24 section 101(a)(11)(A) of the federal Rehabilitation Act of 3 25 1973. 3 26 5. "Core program" means a program authorized under any of 3 27 the following: 3 28 a. Chapters 2 and 3 of subtitle B of Tit. I of the federal 3 29 Workforce Innovation and Opportunity Act, Pub. L. No. 113=128, 3 30 relating to youth workforce investment activities and adult and 3 31 dislocated worker employment and training activities. 3 32 b. Tit. II of the federal Workforce Innovation and 3 33 Opportunity Act, Pub. L. No. 113=128, relating to adult 3 34 education and literacy activities. 3 35 c. Sections 1 to 13 of the federal Wagner=Peyser Act, as 4 1 codified at 29 U.S.C. {49 et seq., relating to employment 4 2 services. 4 3 d. Tit. I of the federal Rehabilitation Act of 1973, as 4 4 codified at 29 U.S.C. {720 et seq., relating to vocational 4 5 rehabilitation services, excluding 29 U.S.C. {732 and 741. 4 6 6. a. "Demonstrated experience and expertise", for purposes 4 7 of the state workforce development board, means the expertise 4 8 had by an individual with documented leadership in developing 4 9 or implementing workforce development, human resources, 4 10 training and development, or a core program function. 4 11 "Demonstrated experience and expertise" may include individuals 4 12 with experience in education or training of individuals with a 4 13 barrier to employment. 4 14 b. "Demonstrated experience and expertise", for purposes of 4 15 a local workforce development board, means the expertise had by 4 16 an individual to whom any of the following apply: 4 17 (1) The individual is a workplace learning advisor. 4 18 (2) The individual contributes to the field of workforce 4 19 development, human resources, training and development, or a 4 20 core program function. 4 21 (3) The individual has been recognized by the local 4 22 workforce development board for valuable contributions in 4 23 education or workforce development=related fields. 4 24 7. "Economic development agency" includes a local workforce 4 25 development planning or zoning commission or board, a community 4 26 development agency, or another local agency or institution 4 27 responsible for regulating, promoting, or assisting in local 4 28 economic development. 4 29 8. "Eligible youth" means an in=school or out=of=school 4 30 youth, except as provided in subtitles C and D of Tit. I of the 4 31 federal Workforce Innovation and Opportunity Act, Pub. L. No. 4 32 113=128. 4 33 9. a. "In=demand industry sector or occupation" means any 4 34 of the following: 4 35 (1) An industry sector that has a substantial current or 5 1 potential impact, including through jobs that lead to economic 5 2 self=sufficiency and opportunities for advancement, on the 5 3 state, regional, or local economy, as appropriate, and that 5 4 contributes to the growth or stability of other supporting 5 5 businesses, or the growth of other industry sectors. 5 6 (2) An occupation that currently has or is projected to 5 7 have a number of positions, including positions that lead to 5 8 economic self=sufficiency and opportunities for advancement, 5 9 in an industry sector so as to have a significant impact on the 5 10 state, regional, or local economy, as appropriate. 5 11 b. The determination of whether an industry sector or 5 12 occupation is an "in=demand industry sector or occupation" shall 5 13 be made by the state workforce development board or local 5 14 workforce development board, as appropriate, using state and 5 15 regional business and labor market projections, including the 5 16 use of labor market information. 5 17 10. "Individual with a barrier to employment" means a member 5 18 of one or more of the following populations: 5 19 a. Displaced homemakers. 5 20 b. Low=income individuals. 5 21 c. Indians, Alaska Natives, and Native Hawaiians, as such 5 22 terms are defined in the federal Workforce Innovation and 5 23 Opportunity Act, Pub. L. No. 113=128, {166. 5 24 d. Individuals with disabilities, including youth who are 5 25 individuals with disabilities. 5 26 e. Individuals fifty=five years of age or older. 5 27 f. Ex=offenders. 5 28 g. Homeless individuals as defined in 34 U.S.C. {12473, 5 29 or homeless children and youths as defined in 34 U.S.C. 5 30 {11434a(2). 5 31 h. Youth who are in or have aged out of the foster care 5 32 system. 5 33 i. Individuals who are English language learners, 5 34 individuals who have low levels of literacy, and individuals 5 35 facing substantial cultural barriers. 6 1 j. Eligible migrant and seasonal farmworkers, as defined in 6 2 the federal Workforce Innovation and Opportunity Act, Pub. L. 6 3 No. 113=128, {167(i). 6 4 k. Individuals within two years of exhausting lifetime 6 5 eligibility under part A of Tit. IV of the Social Security Act, 6 6 as codified in 42 U.S.C. {601 et seq. 6 7 l. Single parents and single pregnant women. 6 8 m. Long=term unemployed individuals. 6 9 n. Such other groups as the governor determines to have a 6 10 barrier to employment. 6 11 11. "Individual with a disability" means an individual with 6 12 a disability as defined in 42 U.S.C. {12102. "Individuals with 6 13 disabilities" means more than one individual with a disability. 6 14 12. a. "Industry or sector partnership" means a workforce 6 15 collaborative, convened by or acting in partnership with 6 16 the state workforce development board or a local workforce 6 17 development board, that organizes key stakeholders in an 6 18 industry cluster into a working group that focuses on the 6 19 shared goals and human resources needs of the industry cluster 6 20 and that includes, at the appropriate stage of development of 6 21 the partnership, all of the following: 6 22 (1) Representatives of multiple businesses or other 6 23 employers in the industry cluster, including small and 6 24 medium=sized employers when practicable. 6 25 (2) One or more representatives of a recognized state 6 26 labor organization or central labor council, or another labor 6 27 representative, as appropriate. 6 28 (3) One or more representatives of an institution of higher 6 29 education with, or another provider of, education or training 6 30 programs that support the industry cluster. 6 31 b. "Industry or sector partnership" may include 6 32 representatives of state or local government, state or 6 33 local, the state workforce development board, local workforce 6 34 development boards, the department of workforce development or 6 35 another entity providing employment services, state or local 7 1 agencies, business or trade associations, economic development 7 2 organizations, nonprofit organizations, community=based 7 3 organizations, philanthropic organizations, industry 7 4 associations, and other organizations, as determined to be 7 5 necessary by the members comprising the industry or sector 7 6 partnership. 7 7 13. "In=school youth" means youth described in the federal 7 8 Workforce Innovation and Opportunity Act, Pub. L. No. 113=128, 7 9 {129(a)(1)(C). 7 10 14. "Institution of higher education" means the same as 7 11 defined in 20 U.S.C. {1001 and 1002(a)(1). 7 12 15. "Offender" means any of the following: 7 13 a. An adult or juvenile who is or has been subject to any 7 14 stage of the criminal or juvenile justice process, and for whom 7 15 workforce services may be beneficial. 7 16 b. An adult or juvenile who requires assistance overcoming 7 17 an artificial barrier to employment resulting from a record of 7 18 arrest or conviction. 7 19 16. "One=stop center" means a site described in the federal 7 20 Workforce Innovation and Opportunity Act, Pub. L. No. 113=128, 7 21 {121(e)(2). 7 22 17. "One=stop operator" means one or more entities 7 23 designated or certified under the federal Workforce Innovation 7 24 and Opportunity Act, Pub. L. No. 113=128, {121(d). 7 25 18. "Optimum policymaking authority" means the authority 7 26 of an individual who can reasonably be expected to speak 7 27 affirmatively on behalf of the entity the individual represents 7 28 and to commit that entity to a chosen course of action. 7 29 19. "Out=of=school youth" means a youth described in the 7 30 federal Workforce Innovation and Opportunity Act, Pub. L. No. 7 31 113=128, {129(a)(1)(B). 7 32 20. "Unit of general local government" means a county or 7 33 city. 7 34 21. "Workforce investment activity" means an employment and 7 35 training activity or a youth workforce investment activity. 8 1 22. "Workforce learning advisor" means an individual 8 2 employed by an organization who has the knowledge and skills 8 3 necessary to advise other employees of that organization 8 4 about the education, skill development, job training, career 8 5 counseling services, and credentials, including services 8 6 provided through the workforce development system, required 8 7 to progress toward career goals of such employees in order to 8 8 meet employer requirements related to job openings and career 8 9 advancements that support economic self=sufficiency. 8 10 Sec. 5. NEW SECTION. 84A.3 Local workforce development 8 11 plans. 8 12 1. A local workforce development board shall, in 8 13 partnership with the chief elected official, develop a 8 14 comprehensive four=year local workforce development plan. The 8 15 local workforce development board shall submit the workforce 8 16 development plan to the department of workforce development in 8 17 the manner and form determined by the department. The local 8 18 workforce development plan shall support the strategy described 8 19 in the state workforce development plan in accordance with the 8 20 federal Workforce Innovation and Opportunity Act, Pub. L. No. 8 21 113=128, {102(b)(1)(E), and shall otherwise be consistent with 8 22 the state workforce development plan. If the local workforce 8 23 development area is part of a planning region as defined in the 8 24 federal Workforce Innovation and Opportunity Act, Pub. L. No. 8 25 113=128, {3(48), the local workforce development board shall 8 26 comply with the federal Workforce Innovation and Opportunity 8 27 Act, Pub. L. No. 113=128, {106(c), in the preparation and 8 28 submission of a regional plan. 8 29 2. At the end of the first two=year period of the local 8 30 workforce development plan, a local workforce development board 8 31 shall review the local workforce development plan and, in 8 32 partnership with the chief elected official, prepare and submit 8 33 to the department of workforce development modifications to the 8 34 local workforce development plan to reflect changes in labor 8 35 market and economic conditions or in other factors affecting 9 1 the implementation of the local workforce development plan. 9 2 3. The local workforce development plan shall include the 9 3 contents required by the federal Workforce Innovation and 9 4 Opportunity Act, Pub. L. No. 113=128, {108(b), and such other 9 5 information as the department of workforce development or the 9 6 state workforce development board may require. 9 7 Sec. 6. Section 84A.4, Code 2018, is amended by striking the 9 8 section and inserting in lieu thereof the following: 9 9 84A.4 Local workforce development boards. 9 10 1. Establishment. Except as provided in subsection 3, 9 11 paragraph "a", the department of workforce development shall 9 12 establish and certify a local workforce development board in 9 13 each local workforce development area of the state to carry 9 14 out the functions described in subsection 4 and any functions 9 15 specified for the local workforce development board under the 9 16 federal Workforce Innovation and Opportunity Act, Pub. L. No. 9 17 113=128, or the provisions establishing a core program for such 9 18 local workforce development area. 9 19 2. Membership. 9 20 a. State criteria. The governor, in partnership with the 9 21 state workforce development board, shall establish criteria 9 22 for use by chief elected officials in the local workforce 9 23 development areas for appointment of members of the local 9 24 workforce development boards in such areas in accordance with 9 25 the requirements of paragraph "b". 9 26 b. Composition. The membership criteria for a local 9 27 workforce development board shall include, at a minimum, all 9 28 of the following: 9 29 (1) A majority of the membership of each local workforce 9 30 development board shall be representatives of business in 9 31 the local workforce development area appointed from among 9 32 individuals nominated by local business organizations and 9 33 business trade associations, to whom all of the following shall 9 34 apply: 9 35 (a) The members shall be owners of businesses, chief 10 1 executives or operating officers of businesses, or other 10 2 business executives or employers with optimum policymaking 10 3 authority or hiring authority. 10 4 (b) The members shall represent businesses, including small 10 5 businesses, that provide employment opportunities that, at 10 6 a minimum, include high=quality, work=relevant training and 10 7 development in in=demand industry sectors or occupations in the 10 8 local workforce development area, or organizations representing 10 9 such businesses. 10 10 (2) (a) Not less than twenty percent of the membership of 10 11 a local workforce development board shall be representatives of 10 12 the workforce within the local workforce development area, to 10 13 whom all of the following shall apply: 10 14 (i) For a local workforce development area in which 10 15 employees are represented by labor organizations, the members 10 16 shall include representatives of labor organizations or persons 10 17 who have been nominated by local labor federations. For a 10 18 local workforce development area in which employees are not 10 19 represented by such organizations, the members shall include 10 20 other representatives of employees; 10 21 (ii) The members shall include a representative who is 10 22 a member of a labor organization or a training director, a 10 23 representative from a joint labor=management apprenticeship 10 24 program, or, if no such joint program exists in the area, a 10 25 representative of an apprenticeship program in the area, if 10 26 such a program exists. 10 27 (b) The membership of a local workforce development board 10 28 described in subparagraph division (a) may include one or more 10 29 of the following: 10 30 (i) Representatives of community=based organizations that 10 31 have demonstrated experience and expertise in addressing the 10 32 employment needs of individuals with a barrier to employment, 10 33 including organizations that serve veterans or that provide or 10 34 support competitive integrated employment for individuals with 10 35 disabilities. 11 1 (ii) Representatives of organizations that have 11 2 demonstrated experience and expertise in addressing the 11 3 employment, training, or education needs of eligible youth, 11 4 including representatives of organizations that serve 11 5 out=of=school youth. 11 6 (3) (a) The membership of a local workforce development 11 7 board shall include representatives of entities administering 11 8 education and training activities in the local workforce 11 9 development area, to whom all of the following apply: 11 10 (i) The members shall include a representative of eligible 11 11 providers administering adult education and literacy activities 11 12 under Tit. II of the federal Workforce Innovation and 11 13 Opportunity Act, Pub. L. No. 113=128. 11 14 (ii) The members shall include a representative of 11 15 institutions of higher education, including community colleges, 11 16 providing workforce investment activities. 11 17 (iii) If multiple eligible providers are serving the local 11 18 workforce development area by administering adult education 11 19 and literacy activities under Tit. II of the federal Workforce 11 20 Innovation and Opportunity Act, Pub. L. No. 113=128, or 11 21 multiple institutions of higher education serving the local 11 22 workforce development area by providing workforce investment 11 23 activities, each representative thereof on the local workforce 11 24 development board, respectively, shall be appointed from among 11 25 individuals nominated by local providers representing such 11 26 providers or institutions, respectively. 11 27 (b) The membership may include representatives of local 11 28 educational agencies and of community=based organizations 11 29 with demonstrated experience and expertise in addressing the 11 30 education or training needs of individuals with a barrier to 11 31 employment. 11 32 (4) (a) The membership of a local workforce development 11 33 board shall include representatives of governmental and 11 34 economic and community development entities serving the local 11 35 workforce development area, to whom all of the following apply: 12 1 (i) The members shall include a representative of economic 12 2 and community development entities. 12 3 (ii) The members shall include at least one appropriate 12 4 representative from the state employment service office under 12 5 the federal Wagner=Peyser Act, as codified at 29 U.S.C. {49 12 6 et seq., serving the local workforce development area and 12 7 nominated by the director of the department of workforce 12 8 development. 12 9 (iii) The members shall include at least one appropriate 12 10 representative of the programs carried out under Tit. I of 12 11 the federal Rehabilitation Act of 1973, as codified at 29 12 12 U.S.C. {720 et seq., relating to vocational rehabilitation 12 13 services, excluding 29 U.S.C. {732 and 741, serving the local 12 14 workforce development area and nominated by the administrator 12 15 of the division of vocational rehabilitation services of the 12 16 department of education or director of the department for the 12 17 blind, as appropriate. 12 18 (b) The members may include one or more of the following: 12 19 (i) Representatives of agencies or entities administering 12 20 programs serving the local workforce development area relating 12 21 to transportation, housing, and public assistance. 12 22 (ii) Representatives of philanthropic organizations serving 12 23 the local workforce development area. 12 24 (5) The membership of a local workforce development board 12 25 may include such other individuals or representatives of 12 26 entities as the chief elected official in the local workforce 12 27 development area may determine to be appropriate. 12 28 c. Political affiliation and gender balance. Sections 69.16 12 29 and 69.16A shall apply to the total membership of a local 12 30 workforce development board excluding members required under 12 31 paragraph "b", subparagraph (4), subparagraph division (a), 12 32 subparagraph subdivisions (ii) and (iii). 12 33 d. Chairperson. The members of a local workforce 12 34 development board shall elect a chairperson from among the 12 35 representatives of business described in paragraph "b", 13 1 subparagraph (1). 13 2 e. Standing committees. A local workforce development 13 3 board may designate and direct the activities of standing 13 4 committees to provide information and to assist the local 13 5 workforce development board in carrying out activities under 13 6 this section. Such standing committees shall be chaired by 13 7 a member of the local workforce development board. Such 13 8 standing committees may include other members of the local 13 9 workforce development board and shall include other individuals 13 10 appointed by the local workforce development board who are not 13 11 members of the local workforce development board and who the 13 12 local workforce development board determines have appropriate 13 13 experience and expertise. At a minimum, the local workforce 13 14 development board may designate each of the following standing 13 15 committees: 13 16 (1) A standing committee to provide information and assist 13 17 with operational and other issues relating to the one=stop 13 18 delivery system, which may include as members representatives 13 19 of the one=stop partners. 13 20 (2) A standing committee to provide information and to 13 21 assist with planning, operational, and other issues relating 13 22 to the provision of services to youth, which shall include 13 23 community=based organizations with a demonstrated record of 13 24 success in serving eligible youth. 13 25 (3) A standing committee to provide information and to 13 26 assist with operational and other issues relating to the 13 27 provision of services to individuals with disabilities, 13 28 including issues relating to compliance with 29 U.S.C. {3248, 13 29 if applicable, and applicable provisions of the Americans with 13 30 Disabilities Act of 1990, codified at 42 U.S.C. {12101 et seq., 13 31 regarding providing programmatic and physical access to the 13 32 services, programs, and activities of the one=stop delivery 13 33 system, as well as appropriate training for staff on providing 13 34 supports for or accommodations to, and finding employment 13 35 opportunities for, individuals with disabilities. 14 1 (4) Additional committees in the discretion of the local 14 2 workforce development board. 14 3 f. Additional membership requirements. Members of the local 14 4 workforce development board that represent organizations, 14 5 agencies, or other entities shall be individuals with optimum 14 6 policymaking authority within the organizations, agencies, or 14 7 entities. The members of the board shall represent diverse 14 8 geographic areas within the local workforce development area. 14 9 g. Chief elected officials. 14 10 (1) The chief elected official in a local workforce 14 11 development area may appoint the members of the local workforce 14 12 development board for such area, in accordance with the state 14 13 criteria established by the governor in partnership with the 14 14 state workforce development board. 14 15 (2) (a) If a local workforce development area includes more 14 16 than one unit of general local government, the chief elected 14 17 officials of such units may execute an agreement that specifies 14 18 the respective roles of the individual chief elected officials 14 19 relating to all of the following: 14 20 (i) Appointing the members of the local workforce 14 21 development board from the individuals nominated or recommended 14 22 to be such members in accordance with the criteria established 14 23 in this subsection. 14 24 (ii) Carrying out any other responsibilities assigned to 14 25 such officials under Tit. I of the federal Workforce Innovation 14 26 and Opportunity Act, Pub. L. No. 113=128, and this section. 14 27 (b) If, after a reasonable effort, the chief elected 14 28 officials are unable to reach such an agreement, the governor 14 29 may appoint the members of the local workforce development 14 30 board from individuals so nominated or recommended. 14 31 3. Certification procedures. 14 32 a. Certification. Once every two years, the department 14 33 of workforce development shall certify one local workforce 14 34 development board for each local workforce development area in 14 35 the state. Such certification shall be based on the extent 15 1 to which the local workforce development board has ensured 15 2 that workforce investment activities carried out in the local 15 3 workforce development area have enabled the local workforce 15 4 development area to meet the corresponding performance 15 5 accountability measures and achieve sustained fiscal integrity, 15 6 as defined in 29 U.S.C. {3121(e)(2). 15 7 b. Failure to achieve certification. Failure of a local 15 8 workforce development board to achieve certification shall 15 9 result in appointment and certification of a new local 15 10 workforce development board for the local workforce development 15 11 area pursuant to the process described in subsection 2 and this 15 12 subsection. 15 13 c. Decertification. 15 14 (1) Notwithstanding paragraph "a", the department of 15 15 workforce development may decertify a local workforce 15 16 development board for any of the following reasons at any time 15 17 after providing notice and an opportunity for comment: 15 18 (a) Fraud or abuse. 15 19 (b) Failure to carry out the functions specified for the 15 20 local workforce development board in subsection 4. 15 21 (2) Notwithstanding paragraph "a", the department of 15 22 workforce development may decertify a local workforce 15 23 development board if the local workforce development area fails 15 24 to meet the local performance accountability measures for the 15 25 local workforce development area in accordance with 29 U.S.C. 15 26 {3141(c) for two consecutive program years. 15 27 (3) If the department of workforce development decertifies 15 28 a local workforce development board for a local workforce 15 29 development area, the department of workforce development 15 30 may require that a new local workforce development board be 15 31 appointed and certified for the local workforce development 15 32 area pursuant to a reorganization plan developed by the 15 33 governor, in consultation with the chief elected official in 15 34 the local workforce development area and in accordance with 15 35 the criteria established under this section and Tit. I of the 16 1 federal Workforce Innovation and Opportunity Act, Pub. L. No. 16 2 113=128. 16 3 4. Functions. Consistent with section 84A.3 and section 108 16 4 of the federal Workforce Innovation and Opportunity Act, Pub. 16 5 L. No. 113=128, the functions of a local workforce development 16 6 board shall include all of the following: 16 7 a. Local workforce development plan. The local workforce 16 8 development board, in partnership with the chief elected 16 9 official for the local workforce development area, shall 16 10 develop and submit a local workforce development plan to the 16 11 department of workforce development that meets the requirements 16 12 of section 84A.3. If the local workforce development area is 16 13 part of a planning region that includes other local workforce 16 14 development areas, the local workforce development board shall 16 15 collaborate with the other local workforce development boards 16 16 and chief elected officials from such other local workforce 16 17 development areas in the preparation and submission of a 16 18 regional plan as described in the federal Workforce Innovation 16 19 and Opportunity Act, Pub. L. No. 113=128, {106(c). 16 20 b. Workforce research and regional labor market analysis. In 16 21 order to assist in the development and implementation of 16 22 the local workforce development plan, the local workforce 16 23 development board shall do all of the following: 16 24 (1) Carry out analyses of the economic conditions in the 16 25 region, the needed knowledge and skills for the region, the 16 26 workforce in the region, and workforce development activities, 16 27 including education and training, in the region described in 16 28 the federal Workforce Innovation and Opportunity Act, Pub. 16 29 L. No. 113=128, {108(b)(1)(D), and regularly update such 16 30 information. 16 31 (2) Assist the department of workforce development in 16 32 developing the statewide workforce and labor market information 16 33 system described in 29 U.S.C. {49l=2(e), specifically in the 16 34 collection, analysis, and utilization of workforce and labor 16 35 market information for the region. 17 1 (3) Conduct such other research, data collection, and 17 2 analysis related to the workforce needs of the regional 17 3 economy as the board, after receiving input from a wide array 17 4 of stakeholders, determines to be necessary to carry out its 17 5 functions. 17 6 c. Convening, brokering, and leveraging. The local workforce 17 7 development board shall convene local workforce development 17 8 system stakeholders to assist in the development of the 17 9 local workforce development plan under section 84A.3 and in 17 10 identifying non=federal expertise and resources to leverage 17 11 support for workforce development activities. The local 17 12 workforce development board, including its standing committees, 17 13 may engage such stakeholders in carrying out the functions 17 14 described in this subsection. 17 15 d. Employer engagement. The local workforce development 17 16 board shall lead efforts to engage with a diverse range of 17 17 employers and with entities in the region involved to do all 17 18 of the following: 17 19 (1) Promote business representation on the local workforce 17 20 development board, particularly representatives with optimal 17 21 policymaking authority or hiring authority from employers 17 22 whose employment opportunities reflect existing and emerging 17 23 employment opportunities in the region. 17 24 (2) Develop effective linkages, including the use of 17 25 intermediaries, with employers in the region to support 17 26 employer utilization of the local workforce development system 17 27 and to support local workforce investment activities. 17 28 (3) Ensure that workforce investment activities meet the 17 29 needs of employers and support economic growth in the region 17 30 by enhancing communication, coordination, and collaboration 17 31 among employers, economic development entities, and service 17 32 providers. 17 33 (4) Develop and implement proven or promising strategies 17 34 for meeting the employment and skill needs of workers and 17 35 employers, such as the establishment of industry or sector 18 1 partnerships. Such strategies shall provide the skilled 18 2 workforce needed by employers in the region and expand 18 3 employment and career advancement opportunities for workforce 18 4 development system participants in in=demand industry sectors 18 5 or occupations. 18 6 e. Career pathways development. The local workforce 18 7 development board, with representatives of secondary and 18 8 postsecondary education programs, shall lead efforts in the 18 9 local workforce development area to develop and implement 18 10 career pathways within the local workforce development area by 18 11 aligning the employment, training, education, and supportive 18 12 services that are needed by adults and youth, particularly 18 13 individuals with a barrier to employment. 18 14 f. Proven and promising practices. The local workforce 18 15 development board shall lead efforts in the local workforce 18 16 development area to do all of the following: 18 17 (1) Identify and promote proven and promising strategies 18 18 and initiatives for meeting the needs of employers, workers, 18 19 and jobseekers, including individuals with a barrier to 18 20 employment, in the local workforce development system, 18 21 including providing physical and programmatic accessibility, 18 22 in accordance with 29 U.S.C. {3248, if applicable, applicable 18 23 provisions of chapter 216, and applicable provisions of the 18 24 Americans with Disabilities Act of 1990, codified at 42 U.S.C. 18 25 {12101 et seq., to the one=stop delivery system. 18 26 g. Technology. The local workforce development board 18 27 shall develop strategies for using technology to maximize 18 28 the accessibility and effectiveness of the local workforce 18 29 development system for employers, workers, and jobseekers, by 18 30 doing all of the following: 18 31 (1) Facilitating connections among the intake and case 18 32 management information systems of the one=stop partner programs 18 33 to support a comprehensive workforce development system in the 18 34 local workforce development area. 18 35 (2) Facilitating access to services provided through the 19 1 one=stop delivery system involved, including facilitating the 19 2 access in remote areas. 19 3 (3) Identifying strategies for better meeting the needs of 19 4 individuals with a barrier to employment, including strategies 19 5 that augment traditional service delivery and increase access 19 6 to services and programs of the one=stop delivery system, such 19 7 as improving digital literacy skills. 19 8 (4) Leveraging resources and capacity within the local 19 9 workforce development system, including resources and capacity 19 10 for services for individuals with a barrier to employment. 19 11 h. Program oversight. The local workforce development 19 12 board, in partnership with the chief elected official for 19 13 the local workforce development area, shall do all of the 19 14 following: 19 15 (1) (a) Conduct oversight for local youth workforce 19 16 investment activities authorized under the federal Workforce 19 17 Innovation and Opportunity Act, Pub. L. No. 113=128, {129(c), 19 18 local employment and training activities authorized under the 19 19 federal Workforce Innovation and Opportunity Act, Pub. L. No. 19 20 113=128, {134(c) and (d), and the one=stop delivery system in 19 21 the local workforce development area. 19 22 (b) Ensure the appropriate use and management of the funds 19 23 provided under the federal Workforce Innovation and Opportunity 19 24 Act, Pub. L. No. 113=128, Tit. I, subtitle B, for the 19 25 activities and system described in subparagraph division (a). 19 26 (2) For workforce development activities, ensure the 19 27 appropriate use, management, and investment of funds to 19 28 maximize performance outcomes under the federal Workforce 19 29 Innovation and Opportunity Act, Pub. L. No. 113=128, {116. 19 30 i. Negotiation of local performance accountability 19 31 measures. The local workforce development board, the chief 19 32 elected official, and the department of workforce development 19 33 shall negotiate and reach agreement on local performance 19 34 accountability measures as described in the federal Workforce 19 35 Innovation and Opportunity Act, Pub. L. No. 113=128, {116(c). 20 1 j. Selection of one=stop operators. Consistent with the 20 2 federal Workforce Innovation and Opportunity Act, Pub. L. 20 3 No. 113=128, {121(d), the local workforce development board, 20 4 with the agreement of the chief elected official for the local 20 5 workforce development area, shall designate or certify one=stop 20 6 operators as described in the federal Workforce Innovation and 20 7 Opportunity Act, Pub. L. No. 113=128, {121(d)(2)(A). The local 20 8 workforce development board, with the agreement of the chief 20 9 elected official for the local workforce development area, may 20 10 terminate for cause the eligibility of such operators. 20 11 k. Selection of youth providers. Consistent with the 20 12 federal Workforce Innovation and Opportunity Act, Pub. L. No. 20 13 113=128, {123, the local workforce development board shall 20 14 identify eligible providers of youth workforce investment 20 15 activities in the local workforce development area by awarding 20 16 grants or contracts on a competitive basis, except as provided 20 17 in the federal Workforce Innovation and Opportunity Act, Pub. 20 18 L. No. 113=128, {123(b), based on the recommendations of the 20 19 youth standing committee, if such a committee is established 20 20 for the local workforce development area. When identifying 20 21 eligible providers, the local workforce development board shall 20 22 consider community=based and governmental organizations as 20 23 possible eligible providers. The local workforce development 20 24 board may terminate for cause the eligibility of such 20 25 providers. 20 26 l. Identification of eligible providers of training 20 27 services. Consistent with the federal Workforce Innovation and 20 28 Opportunity Act, Pub. L. No. 113=128, {122, the local workforce 20 29 development board shall identify eligible providers of training 20 30 services in the local workforce development area. 20 31 m. Identification of eligible providers of career 20 32 services. If the one=stop operator does not provide career 20 33 services described in the federal Workforce Innovation and 20 34 Opportunity Act, Pub. L. No. 113=128, {134(c)(2), in a local 20 35 workforce development area, the local workforce development 21 1 board shall identify eligible providers of those career 21 2 services in the local workforce development area by awarding 21 3 contracts. When identifying eligible providers, the local 21 4 workforce development board shall consider community=based and 21 5 governmental organizations as possible eligible providers. 21 6 n. Consumer choice requirements. Consistent with the 21 7 federal Workforce Innovation and Opportunity Act, Pub. 21 8 L. No. 113=128, {122 and 134(c)(2) and (3), the local 21 9 workforce development board shall work with the state to 21 10 ensure sufficient numbers and types of providers of career 21 11 services and training services are serving the local workforce 21 12 development area and providing the services involved in a 21 13 manner that maximizes consumer choice, as well as providing 21 14 opportunities that lead to competitive integrated employment 21 15 for individuals with a disability. Such providers shall 21 16 include eligible providers with expertise in assisting 21 17 individuals with a disability and eligible providers with 21 18 expertise in assisting adults in need of adult education and 21 19 literacy activities. 21 20 o. Coordination with education providers. 21 21 (1) The local workforce development board shall coordinate 21 22 activities with education and training providers in the local 21 23 workforce development area, including providers of workforce 21 24 investment activities, providers of adult education and 21 25 literacy activities under the federal Workforce Innovation and 21 26 Opportunity Act, Pub. L. No. 113=128, Tit. II, providers of 21 27 career and technical education as defined in 20 U.S.C. {2302, 21 28 and local agencies administering plans under Tit. I of the 21 29 federal Rehabilitation Act of 1973, as codified at 29 U.S.C. 21 30 {720 et seq., relating to vocational rehabilitation services, 21 31 excluding 29 U.S.C. {732 and 741. 21 32 (2) The coordination described in subparagraph (1) shall 21 33 include, consistent with the federal Workforce Innovation 21 34 and Opportunity Act, Pub. L. No. 113=128, {232, all of the 21 35 following: 22 1 (a) Reviewing the applications to provide adult education 22 2 and literacy activities under the federal Workforce Innovation 22 3 and Opportunity Act, Pub. L. No. 113=128, Tit. II, for the 22 4 local workforce development area, submitted under the federal 22 5 Workforce Innovation and Opportunity Act, Pub. L. No. 113=128, 22 6 {232, to the eligible agency by eligible providers, to 22 7 determine whether such applications are consistent with the 22 8 local workforce development plan. 22 9 (b) Making recommendations to the eligible agency to 22 10 promote alignment with such plan. 22 11 (3) The coordination described in subparagraph (1) shall 22 12 also include replicating cooperative agreements in accordance 22 13 with 29 U.S.C. {721(a)(11)(B), and implementing cooperative 22 14 agreements in accordance with 29 U.S.C. {721(a)(11) with 22 15 the local agencies administering plans under Tit. I of the 22 16 federal Rehabilitation Act of 1973, as codified at 29 U.S.C. 22 17 {720 et seq., relating to vocational rehabilitation services, 22 18 excluding 29 U.S.C. {732 and 741, and subject to the federal 22 19 Workforce Innovation and Opportunity Act, Pub. L. No. 113=128, 22 20 {121(f), with respect to efforts that will enhance the 22 21 provision of services to individuals with a disability and 22 22 other individuals, such as cross=training of staff, technical 22 23 assistance, use and sharing of information, cooperative 22 24 efforts with employers, and other efforts at cooperation, 22 25 collaboration, and coordination. 22 26 p. Budget and administration. 22 27 (1) Budget. The local workforce development board shall 22 28 develop a budget for the activities of the local workforce 22 29 development board in the local workforce development area, 22 30 consistent with the local workforce development plan and the 22 31 duties of the local workforce development board under this 22 32 section, subject to the approval of the chief elected official. 22 33 (2) Administration. 22 34 (a) The chief elected official in a local workforce 22 35 development area shall serve as the local grant recipient 23 1 for, and shall be liable for any misuse of, the grant funds 23 2 allocated to the local workforce development area under the 23 3 federal Workforce Innovation and Opportunity Act, Pub. L. 23 4 No. 133=128, {128 and 133, unless the chief elected official 23 5 reaches an agreement with the department of workforce 23 6 development for the department to act as the local grant 23 7 recipient and bear such liability. In order to assist in 23 8 administration of the grant funds, the chief elected official 23 9 or the department, where the department serves as the local 23 10 grant recipient for a local workforce development area, may 23 11 designate an entity to serve as a local grant subrecipient for 23 12 such funds or as a local fiscal agent. Such designation shall 23 13 not relieve the chief elected official or the department of 23 14 the liability for any misuse of grant funds. The local grant 23 15 recipient or designated entity shall disburse the grant funds 23 16 for workforce investment activities at the direction of the 23 17 local workforce development board, pursuant to the requirements 23 18 of the federal Workforce Innovation and Opportunity Act, 23 19 Pub. L. No. 113=128, Tit. I. The local grant recipient or 23 20 designated entity shall disburse the funds immediately upon 23 21 receiving such direction from the local workforce development 23 22 board. 23 23 (b) The local workforce development board may solicit and 23 24 accept grants and donations from sources other than federal or 23 25 state funds. 23 26 (c) For purposes of carrying out duties under this section, 23 27 a local workforce development board may incorporate and may 23 28 operate as an entity described in section 501(c)(3) of the 23 29 Internal Revenue Code that is exempt from taxation under 23 30 section 501(a) of the Internal Revenue Code. 23 31 q. Accessibility for individuals with disabilities. The 23 32 local workforce development board shall annually assess the 23 33 physical and programmatic accessibility, in accordance with 23 34 29 U.S.C. {3248, if applicable, applicable provisions of 23 35 chapter 216, and applicable provisions of the Americans with 24 1 Disabilities Act of 1990, codified at 42 U.S.C. {12101 et seq., 24 2 of all one=stop centers in the local workforce development 24 3 area. 24 4 r. Statewide workforce development initiatives. The local 24 5 workforce development board shall participate in statewide 24 6 workforce development initiatives in accordance with guidance 24 7 and oversight by the state workforce development board or 24 8 department of workforce development. 24 9 5. Limitations. 24 10 a. Training services. 24 11 (1) Except as provided in subparagraph (2), a local 24 12 workforce development board shall not provide training 24 13 services. 24 14 (2) The department of workforce development may, pursuant 24 15 to a request from a local workforce development board, grant 24 16 a written waiver of the prohibition set forth in subparagraph 24 17 (1) for a program of training services, if the local workforce 24 18 development board does all of the following: 24 19 (a) Submits to the governor a proposed request for the 24 20 waiver that includes satisfactory evidence that an insufficient 24 21 number of eligible providers of such a program of training 24 22 services is available to meet local demand in the local 24 23 workforce development area; information demonstrating that 24 24 the board meets the requirements for an eligible provider of 24 25 training services under section 122 of the federal Workforce 24 26 Innovation and Opportunity Act, Pub. L. No. 113=128; and 24 27 information demonstrating that the program of training services 24 28 prepares participants for an in=demand industry sector or 24 29 occupation in the local workforce development area. 24 30 (b) Makes the proposed request available to eligible 24 31 providers of training services and other interested members of 24 32 the public for a public comment period of not less than thirty 24 33 days. 24 34 (c) Includes in the final request for the waiver the 24 35 evidence and information described in subparagraph division (a) 25 1 and the comments received pursuant to subparagraph division 25 2 (b). 25 3 (3) A waiver granted to a local workforce development board 25 4 under subparagraph (2) shall apply for a period that shall 25 5 not exceed the duration of the local workforce development 25 6 plan. The waiver may be renewed for additional periods under 25 7 subsequent local plans, not to exceed the durations of such 25 8 subsequent plans, pursuant to requests from the local workforce 25 9 development board, if the board meets the requirements of 25 10 subparagraph (2) in making the requests. 25 11 (4) The department of workforce development may revoke the 25 12 waiver during the appropriate period described in subparagraph 25 13 (3) if the department determines the waiver is no longer needed 25 14 or that the local workforce development board involved has 25 15 engaged in a pattern of inappropriate referrals to training 25 16 services operated by the local workforce development board. 25 17 b. Career services; designation or certification as one=stop 25 18 operators. A local workforce development board may provide 25 19 career services described in section 134(c)(2) of the federal 25 20 Workforce Innovation and Opportunity Act, Pub. L. No. 113=128, 25 21 through a one=stop delivery system or be designated or 25 22 certified as a one=stop operator only with the agreement of the 25 23 chief elected official in the local workforce development area 25 24 and the department of workforce development. 25 25 c. Limitation on authority. This section shall not be 25 26 construed to provide a local workforce development board with 25 27 the authority to mandate curricula for schools. 25 28 6. Conflict of interest. A member of a local workforce 25 29 development board, or a member of a standing committee, shall 25 30 not do any of the following: 25 31 a. Vote on a matter under consideration by the board or 25 32 committee that concerns the provision of services by the member 25 33 or by an entity that the member represents. 25 34 b. Vote on a matter under consideration by the board or 25 35 committee that would provide direct financial benefit to the 26 1 member or the immediate family of the member. 26 2 c. Engage in any other activity determined by the governor 26 3 to constitute a conflict of interest as specified in the state 26 4 workforce development plan. 26 5 7. Public information. In addition to meeting the 26 6 requirements of chapter 22, local workforce development boards 26 7 shall make available to the public, on a regular basis through 26 8 electronic means and, if applicable, through open meetings 26 9 in accordance with chapter 21, information regarding the 26 10 activities of the board, including all of the following: 26 11 a. Information regarding the local workforce development 26 12 plan, as required under the federal Workforce Innovation and 26 13 Opportunity Act, Pub. L. No. 113=128, prior to submission of 26 14 the local workforce development plan or modification of the 26 15 plan. 26 16 b. Information regarding local workforce development board 26 17 membership, including the name and affiliation of each member. 26 18 c. The bylaws of the board. 26 19 d. Designation and certification of one=stop operators. 26 20 e. Award of grants or contracts to eligible training 26 21 providers of workforce investment activities, including 26 22 providers of youth investment activities. 26 23 Sec. 7. Section 84A.5, Code 2018, is amended by adding the 26 24 following new subsections: 26 25 NEW SUBSECTION. 12. The department of workforce 26 26 development is responsible for the development and oversight of 26 27 industry and sector partnerships in the state. 26 28 NEW SUBSECTION. 13. The department of workforce 26 29 development is responsible for the administration of the state 26 30 list of eligible providers and programs under the federal 26 31 Workforce Innovation and Opportunity Act, Pub. L. No. 113=128, 26 32 {122. 26 33 NEW SUBSECTION. 14. The department of workforce 26 34 development is responsible for the review of local workforce 26 35 development plans under section 84A.4. The department may 27 1 approve a local workforce development plan, conditionally 27 2 approve a local workforce development plan with requests for 27 3 additional information and recommended changes, or reject a 27 4 local workforce development plan and request the submission 27 5 of a new local workforce development plan. The department 27 6 may create templates, policies, and procedures regarding the 27 7 submission, format, and contents of local workforce development 27 8 plans. 27 9 NEW SUBSECTION. 15. The department of workforce 27 10 development shall provide oversight, guidance, and technical 27 11 assistance to local workforce development areas, including but 27 12 not limited to local workforce development boards, local fiscal 27 13 agents, youth providers, and eligible providers of career 27 14 services. 27 15 Sec. 8. TRANSITION PROVISIONS. 27 16 1. Chief elected officials may appoint members serving 27 17 on local workforce development boards prior to the effective 27 18 date of this Act pursuant to section 84A.4, subsection 1, Code 27 19 2018, for membership on local workforce development boards on 27 20 and after the effective date of this Act if such individuals 27 21 continue to be eligible for membership on the boards pursuant 27 22 to section 84A.4, subsection 2, paragraph "b", as enacted by 27 23 this Act. 27 24 2. Members serving on a local workforce development board 27 25 prior to the effective date of this Act pursuant to section 27 26 84A.4, subsection 1, Code 2018, shall continue to constitute 27 27 the membership of the board until a meeting of the board is 27 28 held at which a majority of the members of the board appointed 27 29 pursuant to section 84A.4, subsection 2, as enacted by this 27 30 Act, are present. 27 31 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate 27 32 importance, takes effect upon enactment. 27 33 EXPLANATION 27 34 The inclusion of this explanation does not constitute agreement with 27 35 the explanation's substance by the members of the general assembly. 28 1 This bill relates to the membership and duties of the 28 2 state and local workforce development boards and related 28 3 responsibilities of the department of workforce development. 28 4 Changes made by the bill primarily relate to requirements of 28 5 the federal Workforce Innovation and Opportunity Act, Pub. L. 28 6 No. 113=128 (WIOA). 28 7 STATE WORKFORCE DEVELOPMENT BOARD. The bill strikes 28 8 language relating to conflicts of interest of members of the 28 9 state workforce development board and provides new language 28 10 on the same subject. The bill prohibits board members from 28 11 voting on matters that concern the provision of services by 28 12 the member or by an entity that the member represents or that 28 13 would provide direct financial benefit to the member or the 28 14 member's immediate family. The bill also prohibits a member 28 15 from engaging in any other activity determined by the governor 28 16 to constitute a conflict of interest as specified in the state 28 17 workforce development plan. 28 18 The bill requires the board, in addition to complying 28 19 with the state open records law, to make certain specified 28 20 information relating to the activities of the board available 28 21 to the public on a regular basis through electronic means and 28 22 open meetings if applicable. 28 23 The bill provides that requirements relating to political 28 24 and gender balance on the appointive membership of boards only 28 25 apply to the 26 voting members of the board appointed by the 28 26 governor, rather than the full membership. 28 27 LOCAL WORKFORCE DEVELOPMENT BOARDS. The bill strikes 28 28 language pertaining to the membership and duties of local 28 29 workforce development boards and provides new language on the 28 30 same subject. 28 31 The bill directs the department of workforce development to 28 32 establish and certify a local workforce development board in 28 33 each local workforce development area of the state to carry out 28 34 various functions described in the bill as well as functions 28 35 specified under WIOA, or the provisions establishing a core 29 1 program for such local workforce development area. 29 2 The bill provides that members of local workforce 29 3 development boards shall be appointed by local chief elected 29 4 officials in local workforce development areas based on 29 5 criteria established by the governor in partnership with the 29 6 state workforce development board. The bill establishes 29 7 minimum criteria for composition of local workforce development 29 8 boards. Minimum criteria require that a majority of members be 29 9 representatives of business, that not less than 20 percent of 29 10 members be representatives of the workforce, and that members 29 11 include representatives of entities administering education and 29 12 training activities and representatives of governmental and 29 13 economic and community development entities. 29 14 The bill excludes certain board members from requirements 29 15 relating to political and gender balance on the appointive 29 16 membership of boards. The bill provides for the election 29 17 of a chairperson of the board. The bill permits a board to 29 18 designate and direct the activities of standing committees 29 19 to provide information and to assist the local workforce 29 20 development board. Such committees must include individuals 29 21 who are not members of the board and may include members who 29 22 are members of the board. 29 23 The bill provides for biennial certification of a local 29 24 workforce development board by the department of workforce 29 25 development. The bill provides a decertification process for a 29 26 board under certain circumstances and a process for subsequent 29 27 appointment and certification of a new board. 29 28 The bill provides a detailed list of functions to be carried 29 29 out by local workforce development boards, including but not 29 30 limited to development of a comprehensive four=year local 29 31 workforce development plan, engaging in workforce research and 29 32 regional labor market analysis, developing and implementing 29 33 career pathways, providing oversight of various programs and 29 34 activities, and carrying out various other functions required 29 35 by WIOA. The bill provides a process for the development 30 1 and modification of local workforce development plans by the 30 2 boards. 30 3 The bill permits local workforce development boards to 30 4 provide training and career services only under certain limited 30 5 circumstances specified in the bill. The bill shall not be 30 6 construed to provide a local workforce development board with 30 7 the authority to mandate curricula for schools. 30 8 The bill prohibits local workforce development board members 30 9 from voting on matters that concern the provision of services 30 10 by the member or by an entity that the member represents or 30 11 that would provide direct financial benefit to the member or 30 12 the member's immediate family. The bill also prohibits a 30 13 member from engaging in any other activity determined by the 30 14 governor to constitute a conflict of interest as specified in 30 15 the state workforce development plan. 30 16 The bill requires that local workforce development boards, 30 17 in addition to complying with the state open records law, make 30 18 certain specified information relating to the activities of 30 19 the boards available to the public on a regular basis through 30 20 electronic means and open meetings if applicable. 30 21 The bill permits chief elected officials to appoint members 30 22 serving on local workforce development boards prior to the 30 23 effective date of the bill for membership on local workforce 30 24 development boards on and after the effective date of the bill 30 25 if such individuals continue to be eligible for membership 30 26 pursuant to the bill. 30 27 The bill provides that members serving on a local workforce 30 28 development board prior to the effective date of the bill shall 30 29 continue to constitute the membership of the board until a 30 30 meeting of the board is held at which a majority of the members 30 31 of the board appointed pursuant to the bill are present. 30 32 DUTIES OF DEPARTMENT OF WORKFORCE DEVELOPMENT. The bill 30 33 provides new responsibilities of the department of workforce 30 34 development, including responsibilities for the development and 30 35 oversight of industry and sector partnerships, administration 31 1 of the state list of eligible providers and programs under 31 2 WIOA, review of local workforce development plans, and the 31 3 provision of oversight, guidance, and technical assistance to 31 4 local workforce development areas. 31 5 EFFECTIVE DATE. The bill takes effect upon enactment. LSB 5281SV (1) 87 je/rj
