Bill Text: OH SB2 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 2

Senators Lehner, Beagle 

Cosponsors: Senators Bacon, Eklund, Hite, LaRose, Uecker, Seitz, Oelslager, Balderson, Jones, Patton, Manning, Widener, Faber, Peterson, Obhof 

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A BILL

To amend sections 6301.01, 6301.02, 6301.03, 6301.04,

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6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and

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6301.12 of the Revised Code to require a local

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workforce investment area to use OhioMeansJobs as

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the local workforce investment area's job

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placement system, to rename county one-stop

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systems, and to make other changes to Ohio's

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Workforce Development Law.

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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 of the	10
Revised Code be amended to read as follows:	11

Sec. 6301.01.  As used in this chapter:

12

(A) "Local area" means any of the following:

13

(1) A municipal corporation that is authorized to administer	14
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,	15
29 U.S.C.A. 2801, as amended, under this chapter and is not	16
joining in partnership with any other political subdivisions in	17
order to do so;	18

(2) A single county;

19

(3) A consortium of any of the following political	20
subdivisions:	21

(a) A group of two or more counties in the state;

22

(b) One or more counties and one municipal corporation in the	23
state;	24

(c) One or more counties with or without one municipal	25
corporation in the state and one or more counties with or without	26
one municipal corporation in another state, on the condition that	27
those in another state share a labor market area with those in the	28
state.	29

"Local area" does not mean a region for purposes of	30
determinations concerning administrative incentives.	31

(B) "Municipal corporation" means a municipal corporation	32
that is eligible for automatic or temporary designation as a local	33
workforce investment area pursuant to section 116(a)(2) or (3) of	34
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	35
2831(a)(2) or (3), but that does not request that the governor	36
grant such automatic or temporary designation, and that instead	37
elects to administer and enforce workforce development activities	38
pursuant to this chapter.	39

(C) "County" means a county that is eligible to be designated	40
as a local workforce investment area pursuant to the "Workforce	41
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	42
amended, but that does not request such designation, and instead	43
elects to administer and enforce workforce development activities	44
pursuant to this chapter.	45

(D) "Workforce development agency" means the entity given	46
responsibility for workforce development activities that is	47
designated by the board of county commissioners in accordance with	48
section 330.04 of the Revised Code, the chief elected official of	49
a municipal corporation in accordance with section 763.05 of the	50
Revised Code, or the chief elected officials of a local area	51
defined in division (A)(3) of this section.	52

(E) "Workforce development activity" means a program, grant,	53
or other function, the primary goal of which is to do one or more	54
of the following:	55

(1) Help individuals maximize their employment opportunities;

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(2) Help employers gain access to skilled workers;

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(3) Help employers retain skilled workers;

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(4) Help develop or enhance the skills of incumbent workers;

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(5) Improve the quality of the state's workforce;

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(6) Enhance the productivity and competitiveness of the	61
state's economy.	62

(F) "Chief elected officials," when used in reference to a	63
local area, means the board of county commissioners of the county	64
or of each county in the local area or, if the county has adopted	65
a charter under Section 3 of Article X, Ohio Constitution, the	66
chief governing body of that county, and the chief elected	67
official of the municipal corporation, if the local area includes	68
a municipal corporation, except that when the local area is the	69
type defined in division (A)(1) of this section, "chief elected	70
officials" means the chief elected official of the municipal	71
corporation.	72

(G) "State board" means the stategovernor's executive	73
workforce policy board established by section 6301.04 of the	74
Revised Code.	75

(H) "Local board" means a local workforce policyinvestment	76
board created pursuant to section 6301.06 of the Revised Code	77
established in each local area of the state and certified by the	78
governor to set policy for the portion of the statewide workforce	79
investment system within the local area and implement the	80
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801.	81

(I) "OhioMeansJobs" means the electronic job placement system	82
operated by the state.	83

Sec. 6301.02.  The director of job and family services shall	84
administer the "Workforce Investment Act of 1998," 112 Stat. 936,	85
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.	86
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received	87
pursuant to those acts. In administering those acts and funds	88
received pursuant to those acts, the director shall assist the	89
state workforce policy board in establishing and administering a	90
workforce development system that is designed to provide	91
leadership, support, and oversight to locally designed workforce	92
development systems. The director shall conduct investigations and	93
hold hearings as necessary for the administration of this chapter.	94

To the extent permitted by state and federal law, the	95
director may adopt rules pursuant to Chapter 119. of the Revised	96
Code to establish any program or pilot program for the purposes of	97
providing workforce development activities or family services to	98
individuals who do not meet eligibility criteria for those	99
activities or services under applicable federal law. Prior to the	100
initiation of any program of that nature, the director of budget	101
and management shall certify to the governor that sufficient funds	102
are available to administer a program of that nature. The state	103
board shall have final approval of any such program.	104

Unless otherwise prohibited by state or federal law, every	105
state agency, board, or commission shall provide to the state	106
board and the director all information and assistance requested by	107
the state board and the director in furtherance of workforce	108
development activities.	109

Sec. 6301.03.  (A) In administering the "Workforce Investment	110
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	111
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	112
amended, the funds received pursuant to those acts, and the	113
workforce development system, the director of job and family	114
services may, at the direction of the state board, make	115
allocations and payment of funds for the local administration of	116
the workforce development activities established under this	117
chapter.	118

(B) The director shall allocate to local areas all funds	119
required to be allocated to local areas pursuant to the "Workforce	120
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	121
amended. The director shall make allocations only with funds	122
available. Local areas, as defined by either section 101 of the	123
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	124
2801, as amended, or section 6301.01 of the Revised Code, and	125
subrecipients of a local area shall establish a workforce	126
development fund and the entity receiving funds shall deposit all	127
funds received under this section into the workforce development	128
fund. All expenditures for activities funded under this section	129
shall be made from the workforce development fund, including	130
reimbursements to a county public assistance fund for expenditures	131
made for activities funded under this section.	132

(C) The use of funds, reporting requirements, and other	133
administrative and operational requirements governing the use of	134
funds received by the director pursuant to this section shall be	135
governed by internal management rules adopted by and approved by	136
the state board pursuant to section 111.15 of the Revised Code.	137

(1) A local area described in division (B) of this section	138
shall use OhioMeansJobs as the job placement system for the area.	139

(2) No additional workforce funds shall be used to build or	140
maintain any job placement system that is duplicative to	141
OhioMeansJobs.	142

(D) To the extent permitted by state or federal law, the	143
state board, director, local areas, counties, and municipal	144
corporations authorized to administer workforce development	145
activities may assess a fee for specialized services requested by	146
an employer. The director shall adopt rules pursuant to Chapter	147
119. of the Revised Code governing the nature and amount of those	148
types of fees.	149

Sec. 6301.04.  The governor shall establish a state workforce	150
policy board and appoint members to the board, who serve at the	151
governor's pleasure, to perform duties under the "Workforce	152
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	153
amended, as authorized by the governor. The board is not subject	154
to sections 101.82 to 101.87 of the Revised Code. All state	155
agencies engaged in workforce development activities shall assist	156
the board in the performance of its duties.	157

(A)(1) The governor shall designate nine members of the board	158
to be voting members. All other members shall be ex officio,	159
nonvoting members.	160

(2) The governor shall choose the voting members in a way	161
that a majority of the voting board members represent business	162
interests.	163

(B) The board shall have the power and authority to do all of	164
the following:	165

(1)(A) Provide oversight and policy direction to ensure that	166
the state workforce development activities are aligned and serving	167
the needs of the state's employers, incumbent workers, and job	168
seekers;	169

(2)(B) Adopt rules necessary to administer state workforce	170
development activities;	171

(3)(C) Adopt rules necessary for the auditing and monitoring	172
of subrecipients of the workforce development system grant funds;	173

(4)(D) Designate local workforce investment areas in	174
accordance with 29 U.S.C. 2831;	175

(5)(E) Develop a unified budget for all state and federal	176
workforce funds;	177

(6)(F) Establish a statewide employment and data collection	178
system;	179

(7)(G) Develop statewide performance measures for workforce	180
development and investment;	181

(8)(H) Develop a state workforce development plan;

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(9)(I) Prepare the annual report to the United States	183
secretary of labor, pursuant to section 136(d) of the "Workforce	184
Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as	185
amended;	186

(10)(J) Carry out any additional functions, duties, or	187
responsibilities assigned to the board by the governor.	188

Sec. 6301.06.  (A) The chief elected officials of a local	189
area shall create a workforce policylocal board, which shall	190
consist of the following individuals:	191

(1) The chief elected official from the municipal corporation	192
with the largest population in the local area, except that if the	193
municipal corporation is a local area as defined in division	194
(A)(1) of section 6301.01 of the Revised Code, the chief elected	195
official of that municipal corporation may determine whether to be	196
a member of the board. Notwithstanding division (B) of section	197
6301.01 of the Revised Code, as used in division (A)(1) of this	198
section, "municipal corporation" means any municipal corporation.	199

(2) The following individuals appointed to the board by the	200
chief elected officials of the local area, who shall make those	201
appointments according to all of the following specifications:	202

(a) At least five members of the board shall be	203
representatives of private sector businesses in the general labor	204
market area that includes that local area, and shall be appointed	205
from among individuals nominated by local business organizations	206
and business trade associations. Among these members, at least one	207
shall represent small businesses, at least one shall represent	208
medium-sized businesses, and at least one shall represent large	209
businesses. When determining what constitutes small, medium-sized,	210
and large businesses for purposes of this division, the chief	211
elected officials of the local area shall define those sizes as	212
those sizes are generally understood within the labor market area	213
that includes that local area. A majority of the members of the	214
board shall be representatives of private sector businesses.	215

(b) At least two members of the board shall represent	216
organized labor and shall be appointed from nominations submitted	217
by local federations of labor representing workers employed in the	218
local area.	219

(c) At least two members of the board shall be	220
representatives of local educational entities. For purposes of	221
this division, "local educational entities" includes local	222
educational agencies, school district boards of education,	223
entities providing educational and literacy activities, and	224
post-secondary educational institutions.	225

(d) At least one member of the board shall be a	226
representative of consumers of workforce development activities.	227

(e) Any other individuals the chief elected officials of the	228
local area determine are necessary.	229

(B) Members of the board serve at the pleasure of the chief	230
elected officials of the local area. Members shall not be	231
compensated but may be reimbursed for actual, reasonable, and	232
necessary expenses incurred in the performance of their duties as	233
board members. Those expenses shall be paid from funds allocated	234
pursuant to section 6301.03 of the Revised Code.	235

The chief elected officials of a local area may provide	236
office space, staff, or other administrative support as needed to	237
the board. For purposes of section 102.02 of the Revised Code,	238
members of the board are not public officials or employees.	239

(C) The chief elected officials of a local area other than a	240
local area as defined in division (A)(1) of section 6301.01 of the	241
Revised Code, shall coordinate the workforce development	242
activities of the county family services planning committees and	243
the workforce policylocal boards in the local area in any manner	244
that is efficient and effective to meet the needs of the local	245
area. The chief elected officials of the local area may, but are	246
not required to, consolidate all boards and committees as they	247
determine appropriate into a single board for purposes of	248
workforce development activities. A majority of the members of	249
that consolidated board shall represent private sector businesses.	250
The membership of that consolidated board shall include a	251
representative from each group granted representation as described	252
in division (A) of this section and also a member who represents	253
consumers of family services and a member who represents the	254
county department of job and family services. The membership of	255
that consolidated board may include a representative of one or	256
more groups and entities that may be represented on a county	257
family services planning committee, as specified in section 329.06	258
of the Revised Code.	259

Sec. 6301.07.  (A) For purposes of this section, "performance	260
character" means the career-essential relational attributes that	261
build trust with others, including respect, honesty, integrity,	262
task-excellence, responsibility, and resilience.	263

(B) Every local workforce policy board, under the direction	264
and approval of the state workforce policy board and with the	265
agreement of the chief elected officials of the local area, and	266
after holding public hearings that allow public comment and	267
testimony, shall prepare a workforce development plan. The plan	268
shall accomplish all of the following:	269

(1) Identify the workforce investment needs of businesses in	270
the local area, identify projected employment opportunities, and	271
identify the job skills and performance character necessary to	272
obtain and succeed in those opportunities;	273

(2) Identify the local area's workforce development needs for	274
youth, dislocated workers, adults, displaced homemakers, incumbent	275
workers, and any other group of workers identified by the local	276
workforce policy board;	277

(3) Determine the distribution of workforce development	278
resources and funding to be distributed for each workforce	279
development activity to meet the identified needs, utilizing the	280
funds allocated pursuant to the "Workforce Investment Act of	281
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	282

(4) Give priority to youth receiving independent living	283
services pursuant to sections 2151.81 to 2151.84 of the Revised	284
Code when determining distribution of workforce development	285
resources and workforce development activity funding;	286

(5) Review the minimum curriculum required by the state	287
workforce policy board for certifying training providers and	288
identify any additional curriculum requirements to include in	289
contracts between the training providers and the chief elected	290
officials of the local area;	291

(6) Establish performance standards for service providers	292
that reflect local workforce development needs;	293

(7) Describe any other information the chief elected	294
officials of the local area require.	295

(C) A local workforce policy board may provide policy	296
guidance and recommendations to the chief elected officials of a	297
local area for any workforce development activities.	298

(D) Nothing in this section prohibits the chief elected	299
officials of a local area from assigning, through a partnership	300
agreement, any duties in addition to the duties under this section	301
to a local workforce policy board, except that a local workforce	302
policy board cannot contract with itself for the direct provision	303
of services in its local area. A local workforce policy board may	304
consult with the chief elected officials of its local area and	305
make recommendations regarding the workforce development	306
activities provided in its local area at any time.	307

Sec. 6301.08.  Every local area shall participate in a	308
one-stop system for workforce development activities. Each board	309
of county commissioners and the chief elected official of a	310
municipal corporation shall ensure that at least one delivery	311
method is available in the local area, either through a physical	312
location, or by electronic means approved by the state board, for	313
the provision of workforce development activities.	314

Within six months after the effective date of this amendment,	315
every local area shall name its one-stop system as "OhioMeansJobs	316
(name of county) County."	317

A one-stop system may be operated by a private entity or a	318
public agency, including a workforce development agency, any	319
existing facility or organization that is established to	320
administer workforce development activities in the local area, and	321
a county family services agency.	322

A one-stop system shall include representatives of all the	323
partners required under the "Workforce Investment Act of 1998,"	324
112 Stat. 936, 29 U.S.C.A. 2801, as amended.	325

Sec. 6301.09.  The provision under division (g) of section	326
111 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29	327
U.S.C.A. 2801, as amended, applies to the state workforce policy	328
board created under section 6301.04 of the Revised Code. The	329
provision under division (e) of section 117 of the "Workforce	330
Investment Act of 1998" applies to the workforce policylocal	331
boards established pursuant to section 6301.046301.06 of the	332
Revised Code.	333

Sec. 6301.10.  Beginning January 1, 2013, and each calendar	334
year thereafter, the state board, with the assistance of all state	335
agencies engaged in workforce development activities, shall	336
prepare a report concerning the state of Ohio's workforce. The	337
Upon completion of the annual workforce report, the state board	338
shall distributeprovide an electronic copy of the report to the	339
president and minority leader of the senate, the speaker and	340
minority leader of the house of representatives, the governor's	341
office of Appalachian Ohio, the commission on Hispanic-Latino	342
affairs, and the commission on African-American males, and shall	343
post the report on the state board's internet web site.	344

Sec. 6301.12.  (A) The office of workforce development within	345
the department of job and family services shall comprehensively	346
review the direct and indirect economic impact of businesses	347
engaged in the production of horizontal wells in this state and,	348
based on its findings, prepare an annual Ohio workforce report.	349
The report shall include at least all of the following with	350
respect to the industry:	351

(1) The total number of jobs created or retained during the	352
previous year;	353

(2) The total number of Ohio-based contractors that employ	354
skilled construction trades;	355

(3) The number of employees who are residents of this state;

356

(4) The total economic impact;

357

(5) A review of the state's regional workforce development	358
plans required by the "Workforce Investment Act of 1998," 112	359
Stat. 936, 29 U.S.C.A. 2801, as amended, that outline workforce	360
development efforts including goals and benchmarks toward	361
maximizing job training, education, and job creation opportunities	362
in the state.	363

(B) TheUpon the completion of the office's annual Ohio	364
workforce report, the office shall submit its annual Ohio	365
workforceprovide an electronic copy of the report to the members	366
of the general assemblypresident and minority leader of the	367
senate and the speaker and minority leader of the house of	368
representatives and post it on the office's internet web site.	369

Section 2.  That existing sections 6301.01, 6301.02, 6301.03,	370
6301.04, 6301.06, 6301.07, 6301.08, 6301.09, 6301.10, and 6301.12	371
of the Revised Code are hereby repealed.	372