Bill Title: To require a local workforce investment area to use OhioMeansJobs as the local workforce investment area's job placement system, to rename county one-stop systems, and to make other changes to Ohio's Workforce Development Law.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Engrossed - Dead) 2013-03-20 - Passed 3rd Consideration House
[SB2 Detail]Download: Ohio-2013-SB2-Engrossed.html
As Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Bacon, Eklund, Hite, LaRose, Uecker, Seitz, Oelslager, Balderson, Jones, Patton, Manning, Widener, Faber, Peterson, Obhof, Schaffer
A BILL
| To amend sections 6301.01, 6301.02, 6301.03, 6301.04, | 1 |
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6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and | 2 |
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6301.12 and to enact section 6301.061 of the | 3 |
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Revised Code to require a local workforce | 4 |
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investment area to use OhioMeansJobs as the local | 5 |
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workforce investment area's job placement system, | 6 |
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to rename county one-stop systems, and to make | 7 |
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other changes to Ohio's Workforce Development Law. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 6301.01, 6301.02, 6301.03, 6301.04, | 9 |
6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and 6301.12 be | 10 |
amended and section 6301.061 of the Revised Code be enacted to | 11 |
read as follows: | 12 |
Sec. 6301.01. As used in this chapter: | 13 |
(A) "Local area" means any of the following: | 14 |
(1) A municipal corporation that is authorized to administer | 15 |
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936, | 16 |
29 U.S.C.A. 2801, as amended, under this chapter and is not | 17 |
joining in partnership with any other political subdivisions in | 18 |
order to do so; | 19 |
(3) A consortium of any of the following political | 21 |
subdivisions: | 22 |
(a) A group of two or more counties in the state; | 23 |
(b) One or more counties and one municipal corporation in the | 24 |
state; | 25 |
(c) One or more counties with or without one municipal | 26 |
corporation in the state and one or more counties with or without | 27 |
one municipal corporation in another state, on the condition that | 28 |
those in another state share a labor market area with those in the | 29 |
state. | 30 |
"Local area" does not mean a region for purposes of | 31 |
determinations concerning administrative incentives. | 32 |
(B) "Municipal corporation" means a municipal corporation | 33 |
that is eligible for automatic or temporary designation as a local | 34 |
workforce investment area pursuant to section 116(a)(2) or (3) of | 35 |
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. | 36 |
2831(a)(2) or (3), but that does not request that the governor | 37 |
grant such automatic or temporary designation, and that instead | 38 |
elects to administer and enforce workforce development activities | 39 |
pursuant to this chapter. | 40 |
(C) "County" means a county that is eligible to be designated | 41 |
as a local workforce investment area pursuant to the "Workforce | 42 |
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as | 43 |
amended, but that does not request such designation, and instead | 44 |
elects to administer and enforce workforce development activities | 45 |
pursuant to this chapter. | 46 |
(D) "Workforce development agency" means the entity given | 47 |
responsibility for workforce development activities that is | 48 |
designated by the board of county commissioners in accordance with | 49 |
section 330.04 of the Revised Code, the chief elected official of | 50 |
a municipal corporation in accordance with section 763.05 of the | 51 |
Revised Code, or the chief elected officials of a local area | 52 |
defined in division (A)(3) of this section. | 53 |
(E) "Workforce development activity" means a program, grant, | 54 |
or other function, the primary goal of which is to do one or more | 55 |
of the following: | 56 |
(1) Help individuals maximize their employment opportunities; | 57 |
(2) Help employers gain access to skilled workers; | 58 |
(3) Help employers retain skilled workers; | 59 |
(4) Help develop or enhance the skills of incumbent workers; | 60 |
(5) Improve the quality of the state's workforce; | 61 |
(6) Enhance the productivity and competitiveness of the | 62 |
state's economy. | 63 |
(F) "Chief elected officials," when used in reference to a | 64 |
local area, means the board of county commissioners of the county | 65 |
or of each county in the local area or, if the county has adopted | 66 |
a charter under Section 3 of Article X, Ohio Constitution, the | 67 |
chief governing body of that county, and the chief elected | 68 |
official of the municipal corporation, if the local area includes | 69 |
a municipal corporation, except that when the local area is the | 70 |
type defined in division (A)(1) of this section, "chief elected | 71 |
officials" means the chief elected official of the municipal | 72 |
corporation. | 73 |
(G) "State board" means the stategovernor's executive | 74 |
workforce policy board established by section 6301.04 of the | 75 |
Revised Code. | 76 |
(H) "Local board" means a local workforce policyinvestment | 77 |
board
created pursuant to section 6301.06 of the Revised Code | 78 |
established in each local area of the state and certified by the | 79 |
governor to set policy for the portion of the statewide workforce | 80 |
investment system within the local area and implement the | 81 |
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801. | 82 |
(I) "OhioMeansJobs" means the electronic system for labor | 83 |
exchange and job placement activity operated by the state. | 84 |
Sec. 6301.02. The director of job and family services shall | 85 |
administer the "Workforce Investment Act of 1998," 112 Stat. 936, | 86 |
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat. | 87 |
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received | 88 |
pursuant to those acts. In administering those acts and funds | 89 |
received pursuant to those acts, the director shall assist the | 90 |
state workforce policy board in establishing and administering a | 91 |
workforce development system that is designed to provide | 92 |
leadership, support, and oversight to locally designed workforce | 93 |
development systems. The director shall conduct investigations and | 94 |
hold hearings as necessary for the administration of this chapter. | 95 |
To the extent permitted by state and federal law, the | 96 |
director may adopt rules pursuant to Chapter 119. of the Revised | 97 |
Code to establish any program or pilot program for the purposes of | 98 |
providing workforce development activities or family services to | 99 |
individuals who do not meet eligibility criteria for those | 100 |
activities or services under applicable federal law. Prior to the | 101 |
initiation of any program of that nature, the director of budget | 102 |
and management shall certify to the governor that sufficient funds | 103 |
are available to administer a program of that nature. The state | 104 |
board shall have final approval of any such program. | 105 |
Unless otherwise prohibited by state or federal law, every | 106 |
state agency, board, or commission shall provide to the state | 107 |
board and the director all information and assistance requested by | 108 |
the state board and the director in furtherance of workforce | 109 |
development activities. | 110 |
Sec. 6301.03. (A) In administering the "Workforce Investment | 111 |
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the | 112 |
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as | 113 |
amended, the funds received pursuant to those acts, and the | 114 |
workforce development system, the director of job and family | 115 |
services may, at the direction of the state board, make | 116 |
allocations and payment of funds for the local administration of | 117 |
the workforce development activities established under this | 118 |
chapter. | 119 |
(B) The director shall allocate to local areas all funds | 120 |
required to be allocated to local areas pursuant to the "Workforce | 121 |
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as | 122 |
amended. The director shall make allocations only with funds | 123 |
available. Local areas, as defined by either section 101 of the | 124 |
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. | 125 |
2801, as amended, or section 6301.01 of the Revised Code, and | 126 |
subrecipients of a local area shall establish a workforce | 127 |
development fund and the entity receiving funds shall deposit all | 128 |
funds received under this section into the workforce development | 129 |
fund. All expenditures for activities funded under this section | 130 |
shall be made from the workforce development fund, including | 131 |
reimbursements to a county public assistance fund for expenditures | 132 |
made for activities funded under this section. | 133 |
(C) The use of funds, reporting requirements, and other | 134 |
administrative and operational requirements governing the use of | 135 |
funds received by the director pursuant to this section shall be | 136 |
governed by internal management rules adopted by and approved by | 137 |
the state board pursuant to section 111.15 of the Revised Code. | 138 |
(1) A local area described in division (B) of this section | 139 |
shall use OhioMeansJobs as the labor exchange and job placement | 140 |
system for the area. | 141 |
(2) No additional workforce funds shall be used to build or | 142 |
maintain any labor exchange and job placement system that is | 143 |
duplicative to OhioMeansJobs. | 144 |
(D) To the extent permitted by state or federal law, the | 145 |
state board, director, local areas, counties, and municipal | 146 |
corporations authorized to administer workforce development | 147 |
activities may assess a fee for specialized services requested by | 148 |
an employer. The director shall adopt rules pursuant to Chapter | 149 |
119. of the Revised Code governing the nature and amount of those | 150 |
types of fees. | 151 |
Sec. 6301.04. The governor shall establish a state workforce | 152 |
policy board and appoint members to the board, who serve at the | 153 |
governor's pleasure, to perform duties under the "Workforce | 154 |
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as | 155 |
amended, as authorized by the governor. The board is not subject | 156 |
to sections 101.82 to 101.87 of the Revised Code. All state | 157 |
agencies engaged in workforce development activities shall assist | 158 |
the board in the performance of its duties. | 159 |
(A)(1) The governor shall designate nine members of the board | 160 |
to be voting members. All other members shall be ex officio, | 161 |
nonvoting members.
| 162 |
(2) The governor shall choose the voting members in a way | 163 |
that a majority of the voting board members represent business | 164 |
interests. | 165 |
(B) The board shall have the power and authority to do all of | 166 |
the following: | 167 |
(1)(A) Provide oversight and policy direction to ensure that | 168 |
the state workforce development activities are aligned and serving | 169 |
the needs of the state's employers, incumbent workers, and job | 170 |
seekers; | 171 |
(2)(B) Adopt rules necessary to administer state workforce | 172 |
development activities; | 173 |
(3)(C) Adopt rules necessary for the auditing and monitoring | 174 |
of subrecipients of the workforce development system grant funds; | 175 |
(4)(D) Designate local workforce investment areas in | 176 |
accordance with 29 U.S.C. 2831; | 177 |
(5)(E) Develop a unified budget for all state and federal | 178 |
workforce funds; | 179 |
(6)(F) Establish a statewide employment and data collection | 180 |
system; | 181 |
(7)(G) Develop statewide performance measures for workforce | 182 |
development and investment; | 183 |
(8)(H) Develop a state workforce development plan; | 184 |
(9)(I) Prepare the annual report to the United States | 185 |
secretary of labor, pursuant to section 136(d) of the "Workforce | 186 |
Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as | 187 |
amended; | 188 |
(10)(J) Carry out any additional functions, duties, or | 189 |
responsibilities assigned to the board by the governor. | 190 |
Sec. 6301.06. (A) The chief elected officials of a local | 191 |
area shall create a workforce policylocal board, which shall | 192 |
consist of the following individuals: | 193 |
(1) The chief elected official from the municipal corporation | 194 |
with the largest population in the local area, except that if the | 195 |
municipal corporation is a local area as defined in division | 196 |
(A)(1) of section 6301.01 of the Revised Code, the chief elected | 197 |
official of that municipal corporation may determine whether to be | 198 |
a member of the board. Notwithstanding division (B) of section | 199 |
6301.01 of the Revised Code, as used in division (A)(1) of this | 200 |
section, "municipal corporation" means any municipal corporation. | 201 |
(2) The following individuals appointed to the board by the | 202 |
chief elected officials of the local area, who shall make those | 203 |
appointments according to all of the following specifications: | 204 |
(a) At least five members of the board shall be | 205 |
representatives of private sector businesses in the general labor | 206 |
market area that includes that local area, and shall be appointed | 207 |
from among individuals nominated by local business organizations | 208 |
and business trade associations. Among these members, at least one | 209 |
shall represent small businesses, at least one shall represent | 210 |
medium-sized businesses, and at least one shall represent large | 211 |
businesses. When determining what constitutes small, medium-sized, | 212 |
and large businesses for purposes of this division, the chief | 213 |
elected officials of the local area shall define those sizes as | 214 |
those sizes are generally understood within the labor market area | 215 |
that includes that local area. A majority of the members of the | 216 |
board shall be representatives of private sector businesses. | 217 |
(b) At least two members of the board shall represent | 218 |
organized labor and shall be appointed from nominations submitted | 219 |
by local federations of labor representing workers employed in the | 220 |
local area. | 221 |
(c) At least two members of the board shall be | 222 |
representatives of local educational entities. For purposes of | 223 |
this division, "local educational entities" includes local | 224 |
educational agencies, school district boards of education, | 225 |
entities providing educational and literacy activities, and | 226 |
post-secondary educational institutions. | 227 |
(d) At least one member of the board shall be a | 228 |
representative of consumers of workforce development activities. | 229 |
(e) Any other individuals the chief elected officials of the | 230 |
local area determine are necessary. | 231 |
(B) Members of the board serve at the pleasure of the chief | 232 |
elected officials of the local area. Members shall not be | 233 |
compensated but may be reimbursed for actual, reasonable, and | 234 |
necessary expenses incurred in the performance of their duties as | 235 |
board members. Those expenses shall be paid from funds allocated | 236 |
pursuant to section 6301.03 of the Revised Code. | 237 |
The chief elected officials of a local area may provide | 238 |
office space, staff, or other administrative support as needed to | 239 |
the board. For purposes of section 102.02 of the Revised Code, | 240 |
members of the board are not public officials or employees. | 241 |
(C) The chief elected officials of a local area other than a | 242 |
local area as defined in division (A)(1) of section 6301.01 of the | 243 |
Revised Code, shall coordinate the workforce development | 244 |
activities of the county family services planning committees and | 245 |
the workforce policylocal boards in the local area in any manner | 246 |
that is efficient and effective to meet the needs of the local | 247 |
area. The chief elected officials of the local area may, but are | 248 |
not required to, consolidate all boards and committees as they | 249 |
determine appropriate into a single board for purposes of | 250 |
workforce development activities. A majority of the members of | 251 |
that consolidated board shall represent private sector businesses. | 252 |
The membership of that consolidated board shall include a | 253 |
representative from each group granted representation as described | 254 |
in division (A) of this section and also a member who represents | 255 |
consumers of family services and a member who represents the | 256 |
county department of job and family services. The membership of | 257 |
that consolidated board may include a representative of one or | 258 |
more groups and entities that may be represented on a county | 259 |
family services planning committee, as specified in section 329.06 | 260 |
of the Revised Code. | 261 |
Sec. 6301.061. A board of county commissioners may appoint | 262 |
an advisory committee on workforce development. A committee | 263 |
appointed under this section may do both of the following: | 264 |
(A) Work to further cooperation between the county and other | 265 |
workforce development and economic development related entities | 266 |
including the state, local area one-stop systems, and private | 267 |
businesses; | 268 |
(B) Advise the board and other interested parties on ways to | 269 |
maintain and improve the workforce development system of the local | 270 |
area in which the county is a part. | 271 |
Sec. 6301.07. (A) For purposes of this section, "performance | 272 |
character" means the career-essential relational attributes that | 273 |
build trust with others, including respect, honesty, integrity, | 274 |
task-excellence, responsibility, and resilience. | 275 |
(B) Every local workforce policy board, under the direction | 276 |
and approval of the state workforce policy board and with the | 277 |
agreement of the chief elected officials of the local area, and | 278 |
after holding public hearings that allow public comment and | 279 |
testimony, shall prepare a workforce development plan. The plan | 280 |
shall accomplish all of the following: | 281 |
(1) Identify the workforce investment needs of businesses in | 282 |
the local area, identify projected employment opportunities, and | 283 |
identify the job skills and performance character necessary to | 284 |
obtain and succeed in those opportunities; | 285 |
(2) Identify the local area's workforce development needs for | 286 |
youth, dislocated workers, adults, displaced homemakers, incumbent | 287 |
workers, and any other group of workers identified by the local | 288 |
workforce policy board; | 289 |
(3) Determine the distribution of workforce development | 290 |
resources and funding to be distributed for each workforce | 291 |
development activity to meet the identified needs, utilizing the | 292 |
funds allocated pursuant to the "Workforce Investment Act of | 293 |
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended; | 294 |
(4) Give priority to youth receiving independent living | 295 |
services pursuant to sections 2151.81 to 2151.84 of the Revised | 296 |
Code when determining distribution of workforce development | 297 |
resources and workforce development activity funding; | 298 |
(5) Review the minimum curriculum required by the state | 299 |
workforce policy board for certifying training providers and | 300 |
identify any additional curriculum requirements to include in | 301 |
contracts between the training providers and the chief elected | 302 |
officials of the local area; | 303 |
(6) Establish performance standards for service providers | 304 |
that reflect local workforce development needs; | 305 |
(7) Describe any other information the chief elected | 306 |
officials of the local area require. | 307 |
(C) A local workforce policy board may provide policy | 308 |
guidance and recommendations to the chief elected officials of a | 309 |
local area for any workforce development activities. | 310 |
(D) Nothing in this section prohibits the chief elected | 311 |
officials of a local area from assigning, through a partnership | 312 |
agreement, any duties in addition to the duties under this section | 313 |
to a local workforce policy board, except that a local workforce | 314 |
policy board cannot contract with itself for the direct provision | 315 |
of services in its local area. A local workforce policy board may | 316 |
consult with the chief elected officials of its local area and | 317 |
make recommendations regarding the workforce development | 318 |
activities provided in its local area at any time. | 319 |
Sec. 6301.08. Every local area shall participate in a | 320 |
one-stop system for workforce development activities. Each board | 321 |
of county commissioners and the chief elected official of a | 322 |
municipal corporation shall ensure that at least one delivery | 323 |
method is available in the local area, either through a physical | 324 |
location, or by electronic means approved by the state board, for | 325 |
the provision of workforce development activities. | 326 |
Within six months after the effective date of this amendment, | 327 |
every local area described in division (B) of section 6301.03 of | 328 |
the Revised Code shall name its one-stop system as "OhioMeansJobs | 329 |
(name of county) County." | 330 |
A one-stop system may be operated by a private entity or a | 331 |
public agency, including a workforce development agency, any | 332 |
existing facility or organization that is established to | 333 |
administer workforce development activities in the local area, and | 334 |
a county family services agency. | 335 |
A one-stop system shall include representatives of all the | 336 |
partners required under the "Workforce Investment Act of 1998," | 337 |
112 Stat. 936, 29 U.S.C.A. 2801, as amended. | 338 |
Sec. 6301.09. The provision under division (g) of section | 339 |
111 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29 | 340 |
U.S.C.A. 2801, as amended, applies to the state workforce policy | 341 |
board created under section 6301.04 of the Revised Code. The | 342 |
provision under division (e) of section 117 of the "Workforce | 343 |
Investment Act of 1998" applies to the workforce policylocal | 344 |
boards established pursuant to section 6301.046301.06 of the | 345 |
Revised Code. | 346 |
Sec. 6301.10. Beginning January 1, 2013, and each calendar | 347 |
year thereafter, the state board, with the assistance of all state | 348 |
agencies engaged in workforce development activities, shall | 349 |
prepare a report concerning the state of Ohio's workforce. The | 350 |
Upon completion of the annual workforce report, the state board | 351 |
shall distributeprovide an electronic copy of the report to the | 352 |
president and minority leader of the senate, the speaker and | 353 |
minority leader of the house of representatives, the governor's | 354 |
office of Appalachian Ohio, the commission on Hispanic-Latino | 355 |
affairs, and the commission on African-American males, and shall | 356 |
post the report on the state board's internet web site. | 357 |
Sec. 6301.12. (A) The office of workforce development within | 358 |
the department of job and family services shall comprehensively | 359 |
review the direct and indirect economic impact of businesses | 360 |
engaged in the production of horizontal wells in this state and, | 361 |
based on its findings, prepare an annual Ohio workforce report. | 362 |
The report shall include at least all of the following with | 363 |
respect to the industry: | 364 |
(1) The total number of jobs created or retained during the | 365 |
previous year; | 366 |
(2) The total number of Ohio-based contractors that employ | 367 |
skilled construction trades; | 368 |
(3) The number of employees who are residents of this state; | 369 |
(4) The total economic impact; | 370 |
(5) A review of the state's regional workforce development | 371 |
plans required by the "Workforce Investment Act of 1998," 112 | 372 |
Stat. 936, 29 U.S.C.A. 2801, as amended, that outline workforce | 373 |
development efforts including goals and benchmarks toward | 374 |
maximizing job training, education, and job creation opportunities | 375 |
in the state. | 376 |
(B) TheUpon the completion of the office's annual Ohio | 377 |
workforce report, the office shall submit its annual Ohio | 378 |
workforceprovide an electronic copy of the report to the members | 379 |
of the general assemblypresident and minority leader of the | 380 |
senate and the speaker and minority leader of the house of | 381 |
representatives and post it on the office's internet web site. | 382 |
Section 2. That existing sections 6301.01, 6301.02, 6301.03, | 383 |
6301.04, 6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and 6301.12 | 384 |
of the Revised Code are hereby repealed. | 385 |