H-2174.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2256
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Clements, Stensen, Reardon, Murray, Keiser, Ruderman, Lantz, Fisher, Lovick, Sullivan, Hurst, Santos, Kenney, Wolfe, Ogden, Kagi, Constantine, Dickerson, Linville, Rockefeller, Romero, Hatfield, Veloria, Wood, Edmonds, McIntire and O'Brien)
Read first time 03/01/1999. Referred to Committee on .
AN ACT Relating to the workforce development system; amending RCW 28C.18.010, 28C.18.020, 28C.18.030, 28C.18.040, 28C.18.050, 28C.18.060, 50.38.050, and 50.67.010; adding a new section to chapter 28C.18 RCW; adding a new chapter to Title 50 RCW; creating new sections; repealing RCW 28C.18.070, 28C.18.080, 28C.18.090, 28C.18.100, 28C.18.110, 50.67.020, and 50.67.030; prescribing penalties; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28C.18.010 and 1996 c 99 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.
(1)
"Board" means the ((work force training and education coordinating))
workforce development board.
(2)
"Director" means the director of the ((work force training and
education coordinating)) workforce development board.
(3)
(("Training system" means programs and courses of secondary vocational
education, technical college programs and courses, community college vocational
programs and courses, private career school and college programs and courses,
employer-sponsored training, adult basic education programs and courses,
programs and courses funded by the job training partnership act, programs and
courses funded by the federal vocational act, programs and courses funded under
the federal adult education act, publicly funded programs and courses for adult
literacy education, and apprenticeships, and programs and courses offered by
private and public nonprofit organizations that are representative of
communities or significant segments of communities and provide job training or
adult literacy services.)) "Operating agencies" means those
state agencies responsible for the governance and management of state and
federal workforce development programs.
(4) "Workforce development system" means public and private programs that use state or federal funds to prepare workers for employment, upgrade worker skills, retrain workers, or provide employment or retention services for workers or employers. "Workforce development system" includes, but is not limited to, secondary vocational education, community and technical college vocational education, private career school and college vocational programs, employer-sponsored training, work-related adult basic education and literacy programs, programs funded by Title 1B of the federal workforce investment act, activities funded under the federal Wagner-Peyser act, programs funded by the federal vocational education act, work-related programs funded under the adult education and family literacy act, publicly funded programs for work-related adult literacy, education, and apprenticeships, the one-stop system, the state job skills program, timber retraining benefits, the work-related components of the vocational rehabilitation program authorized under Title IV of the workforce investment act, P.L. 105-220, the department of services for the blind, and programs offered by private and public nonprofit organizations that are representative of communities or significant segments of communities and provide job training or work-related adult literacy services.
(5)
"((Work force)) Workforce skills" means skills
developed through applied learning that strengthen and reinforce an
individual's academic knowledge, critical thinking, problem solving, and work
ethic and, thereby, develop the employability, occupational skills, and
management of home and work responsibilities necessary for economic
independence.
(((5)))
(6) "Vocational education" means organized educational
programs offering a sequence of courses which are directly related to the
preparation or retraining of individuals in paid or unpaid employment in
current or emerging occupations requiring other than a baccalaureate or
advanced degree. ((Such programs shall include competency-based applied
learning which contributes to an individual's academic knowledge, higher-order
reasoning, and problem-solving skills, work attitudes, general employability
skills, and the occupational-specific skills necessary for economic
independence as a productive and contributing member of society.)) Such
term also includes applied technology education.
(((6)))
(7) "Adult basic education" means ((instruction designed to
achieve mastery of skills in reading, writing, oral communication, and
computation at a level sufficient to allow the individual to function
effectively as a parent, worker, and citizen in the United States, commensurate
with that individual's actual ability level, and includes English as a second
language and preparation and testing service for the general education
development exam)) (a) adult education and literacy services, including
workforce literacy services; (b) family literacy services; and (c) English
literacy services as defined in P.L. 105-220, Title II, that enable eligible
adults to speak, read, and write in the English language, compute, solve
problems, and relate effectively with others in order to exercise the rights
and responsibilities of a family member, worker, and community member.
(8) "Local workforce development councils" means the same as defined in P.L. 105-220, Sec. 117 and are responsible for performing the duties of that section as well as developing a local area unified plan for state purposes as defined in this chapter.
Sec. 2. RCW 28C.18.020 and 1991 c 238 s 3 are each amended to read as follows:
(1)
There is hereby created the ((work force training and education coordinating))
workforce development board as a state agency ((and as the successor
agency to the state board for vocational education. Once the coordinating
board has convened, all references to the state board for vocational education
in the Revised Code of Washington shall be construed to mean the work force
training and education coordinating board, except that reference to the state
board for vocational education in RCW 49.04.030 shall mean the state board for
community and technical colleges)).
(2)(a)
The board shall consist of ((nine)) eighteen voting members
appointed by the governor with the consent of the senate, as follows: ((Three))
Five representatives of business, ((three)) five
representatives of labor, a representative of private career schools, a
representative of community-based organizations, a representative of local
elected officials, and, serving as ex officio members, the superintendent
of public instruction, the executive director of the state board for community
and technical colleges, ((and)) the commissioner of the employment
security department, the secretary of the department of social and health
services, and the director of the department of community, trade, and economic
development. ((The chair of the board shall be a nonvoting member
selected by the governor with the consent of the senate, and shall serve at the
pleasure of the governor. In selecting the chair, the governor shall seek a
person who understands the future economic needs of the state and nation and
the role that the state's training system has in meeting those needs.))
Each ((voting)) member of the board may appoint a designee to function
in his or her place with the right to vote. Representatives of business and
labor must constitute a majority of those casting votes on any given vote.
In ((making appointments to)) recruiting members for the board,
the governor shall seek to ensure geographic, ethnic, and gender diversity and
balance. The governor shall also seek to ensure diversity and balance by ((the
appointment of)) recruiting persons with disabilities.
(b)
The business representatives shall be selected from among nominations provided
by ((a)) state-wide business organizations representing a
cross-section of industries and small businesses. One of the
business representatives will serve as the chair of the board on a rotating
basis with one of the labor representatives. However, the governor may
request, and the organization shall provide, an additional list or lists from
which the governor shall select the business representatives. ((The
nominations and selections)) Recruitment shall reflect the cultural
diversity of the state, including women, people with disabilities, and racial
and ethnic minorities, and diversity in sizes of businesses.
(c)
The labor representatives shall be selected from among nominations provided by
state-wide labor organizations. One of the labor representatives will serve
as the chair of the board on a rotating basis with one of the business
representatives. However, the governor may request, and the organizations
shall provide, an additional list or lists from which the governor shall select
the labor representatives. ((The nominations and selections)) Recruitment
shall reflect the cultural diversity of the state, including women, people with
disabilities, and racial and ethnic minorities.
(d) The private career school representative shall be selected from among nominations provided by a state-wide organization representing a cross-section of private career schools. However, the governor may request, and the organization shall provide, an additional list or lists from which the governor shall select the private career school representative.
(e) The community-based organizations' representative shall be selected from among nominations provided by a state-wide organization representing community-based organizations. However, the governor may request, and the organization shall provide, an additional list or lists from which the governor shall select the community-based organizations' representative.
(f) Each business member may cast a proxy vote or votes for any business member who is not present and who authorizes in writing the present member to cast such vote.
(((e)))
(g) Each labor member may cast a proxy vote for any labor member who is
not present and who authorizes in writing the present member to cast such vote.
(((f)
The chair shall appoint to the board one nonvoting member to represent racial
and ethnic minorities, women, and people with disabilities. The nonvoting
member appointed by the chair shall serve for a term of four years with the
term expiring on June 30th of the fourth year of the term.
(g))) (h)
The business members of the board shall serve for terms of four years, the
terms expiring on June 30th of the fourth year of the term except that in the
case of initial members, one shall be appointed to a two-year term and one
appointed to a three-year term.
(((h)))
(i) The labor members of the board shall serve for terms of four years,
the terms expiring on June 30th of the fourth year of the term except that in
the case of initial members, one shall be appointed to a two-year term and one
appointed to a three-year term.
(((i)))
(j) The private career school, community-based organization, and local
elected officials representatives shall serve for terms of four years, the
terms expiring on June 30th of the fourth year of the term except that in the
case of initial members, one shall be appointed to a two-year term and one
appointed to a three-year term.
(k)
Any vacancies among board members representing business ((or)),
labor, private career schools, or community-based organizations shall be
filled by the governor with nominations provided by state-wide organizations
representing business ((or)), labor, private career schools,
or community-based organizations respectively.
(((j)))
(l) The board shall adopt bylaws and shall meet at least bimonthly and
at such other times as determined by the chair who shall give reasonable prior
notice to the members or at the request of a majority of the ((voting))
members.
(((k)))
(m) Members of the board shall be compensated in accordance with RCW
43.03.040 and shall receive travel expenses in accordance with RCW 43.03.050
and 43.03.060.
(((l)
The board shall be formed and ready to assume its responsibilities under this
chapter by October 1, 1991.
(m))) (n)
The director of the board shall be appointed by the governor ((from a list
of three names submitted by a committee made up of the business and labor
members of the board. However, the governor may request, and the committee
shall provide, an additional list or lists from which the governor shall select
the director. The lists compiled by the committee shall not be subject to
public disclosure. The governor may dismiss the director only with the
approval of a majority vote of the board. The board, by a majority vote, may
dismiss the director with the approval)), shall serve at the pleasure
of the governor, and shall be confirmed by the senate.
(((3)
The state board for vocational education is hereby abolished and its powers,
duties, and functions are hereby transferred to the work force training and
education coordinating board. All references to the director or the state
board for vocational education in the Revised Code of Washington shall be
construed to mean the director or the work force training and education
coordinating board.))
Sec. 3. RCW 28C.18.030 and 1996 c 99 s 3 are each amended to read as follows:
The
purpose of the board is to ((provide planning, coordination, evaluation,
monitoring, and policy analysis for the state training system as a whole, and
advice to the governor and legislature concerning the state training system, in
cooperation with the state training system and the higher education
coordinating board)) develop policies that create an integrated state
workforce development system that links people to jobs, allows them access to
training and education, and provides an opportunity to move up the job ladder
over their lifetime. The board shall plan, promote cooperation, measure
performance, evaluate, and provide policy analysis for the state workforce
development system as a whole, and advise the governor concerning the state's
workforce development system in cooperation with the operating agencies of the
workforce development system.
Sec. 4. RCW 28C.18.040 and 1994 c 154 s 307 are each amended to read as follows:
(1) The director shall serve as chief executive officer of the board who shall administer the provisions of this chapter, employ such personnel as may be necessary to implement the purposes of this chapter, and utilize staff of existing operating agencies to the fullest extent possible.
(2)
((The director shall not be the chair of the board.
(3)))
Subject to the approval of the board, the director shall appoint necessary
deputy and assistant directors and other staff who shall be exempt from the
provisions of chapter 41.06 RCW. The director's appointees shall serve at the
director's pleasure on such terms and conditions as the director determines but
subject to chapter 42.52 RCW.
(((4)))
(3) The director shall appoint and employ such other employees as may be
required for the proper discharge of the functions of the board.
(((5)
The director shall, as permissible under P.L. 101‑392, as amended,
integrate the staff of the council on vocational education, and contract with
the state board for community and technical colleges for assistance for adult basic
skills and literacy policy development and planning as required by P.L. 100‑297,
as amended.))
Sec. 5. RCW 28C.18.050 and 1995 c 130 s 3 are each amended to read as follows:
(1) The board shall be designated as the state workforce investment board described in P.L. 105-220, the workforce investment act of 1998, and shall perform such functions as necessary to comply with federal directives pertaining to this law. In order to comply with the regulations of P.L. 105-220, the governor may designate the board membership structure of the workforce training and education coordinating board as it existed as of December 31, 1997, as the workforce investment board specifically to carry out the provisions of P.L. 105-220.
(2)
The board shall be designated as the state board of vocational education as
provided for in P.L. ((98‑524)) 105-332, as amended, and
shall perform such functions as is necessary to comply with federal directives
pertaining to the provisions of such law. The board shall establish a
subcommittee to study and make recommendations to the board on the use of funds
provided under P.L. 105-332. The subcommittee membership shall consist of the
superintendent of public instruction, the executive director of the state board
for community and technical colleges, two members who are business
representatives, and two members who are labor representatives.
(((2)))
(3) The board shall perform the functions of the human resource
investment council as provided for in the federal job training partnership act,
P.L. 97-300, as amended.
(((3)))
(4) The board shall provide policy advice for any federal act pertaining
to ((work force)) workforce development that is not required by
state or federal law to be provided by another state body.
(((4)))
(5) Upon enactment of new federal initiatives relating to ((work
force)) workforce development, the board shall advise the governor
and the legislature on mechanisms for integrating the federal initiatives into
the state's ((work force)) workforce development system and make
recommendations on the legislative or administrative measures necessary to
streamline and coordinate state efforts to meet federal guidelines.
(((5)))
(6) The board shall ((monitor)) review for consistency
with the state ((comprehensive plan for work force training and education
the policies and plans established by the state job training coordinating
council)) unified plan, the policies and plans established by the
advisory council on adult education, and the Washington state plan for adult literacy
and basic ((education)) skills, and provide guidance for
making such policies and plans consistent with the state ((comprehensive))
unified plan for ((work force training and education)) workforce
development system.
(7) The board shall perform the functions of the job training coordinating council until July 1, 2000.
(8) Recommend to the governor the performance accountability system required by P.L. 105-220 or successor legislation.
(9) For the purposes of P.L. 105-332, the superintendent of public instruction shall have operating responsibility for secondary education and the state board for community and technical colleges shall have operating responsibility for postsecondary vocational and technical education.
Sec. 6. RCW 28C.18.060 and 1996 c 99 s 4 are each amended to read as follows:
The
board, in cooperation with the operating agencies of the state ((training))
development system and private career schools and colleges shall:
(1)
((Concentrate its major efforts on planning, coordination evaluation, policy
analysis, and recommending improvements to the state's training system.
(2)
Advocate for the state training system and for meeting the needs of employers
and the work force for work force education and training.
(3)
Establish and maintain an inventory of the programs of the state training
system, and related state programs, and perform a biennial assessment of the
vocational education, training, and adult basic education and literacy needs of
the state; identify ongoing and strategic education needs; and assess the
extent to which employment, training, vocational and basic education,
rehabilitation services, and public assistance services represent a consistent,
integrated approach to meet such needs.
(4)
Develop and maintain a state comprehensive plan for work force training and
education, including but not limited to, goals, objectives, and priorities for
the state training system, and review the state training system for consistency
with the state comprehensive plan. In developing the state comprehensive plan
for work force training and education, the board shall use, but shall not be
limited to: Economic, labor market, and populations trends reports in office
of financial management forecasts; joint office of financial management and
employment security department labor force, industry employment, and
occupational forecasts; the results of scientifically based outcome, net-impact
and cost-benefit evaluations; the needs of employers as evidenced in formal
employer surveys and other employer input; and the needs of program
participants and workers as evidenced in formal surveys and other input from
program participants and the labor community.
(5)
In consultation with the higher education coordinating board, review and make
recommendations to the office of financial management and the legislature on
operating and capital facilities budget requests for operating agencies of the
state training system for purposes of consistency with the state comprehensive
plan for work force training and education.
(6)
Provide for coordination among the different operating agencies and components
of the state training system at the state level and at the regional level.
(7)
Develop a consistent and reliable data base on vocational education
enrollments, costs, program activities, and job placements from publicly funded
vocational education programs in this state.
(8)
Establish standards for data collection and maintenance for the operating
agencies of the state training system in a format that is accessible to use by
the board. The board shall require a minimum of common core data to be
collected by each operating agency of the state training system.
The
board shall develop requirements for minimum common core data in consultation
with the office of financial management and the operating agencies of the
training system.
(9)
Establish minimum standards for program evaluation for the operating agencies
of the state training system, including, but not limited to, the use of common
survey instruments and procedures for measuring perceptions of program
participants and employers of program participants, and monitor such program
evaluation.
(10)
Every two years administer scientifically based outcome evaluations of the
state training system, including, but not limited to, surveys of program
participants, surveys of employers of program participants, and matches with
employment security department payroll and wage files. Every five years
administer scientifically based net-impact and cost-benefit evaluations of the
state training system.
(11)
In cooperation with the employment security department, provide for the
improvement and maintenance of quality and utility in occupational information
and forecasts for use in training system planning and evaluation. Improvements
shall include, but not be limited to, development of state-based occupational
change factors involving input by employers and employees, and delineation of
skill and training requirements by education level associated with current and
forecasted occupations.
(12)
Provide for the development of common course description formats, common
reporting requirements, and common definitions for operating agencies of the
training system.
(13)
Provide for effectiveness and efficiency reviews of the state training system.
(14)
In cooperation with the higher education coordinating board, facilitate
transfer of credit policies and agreements between institutions of the state
training system, and encourage articulation agreements for programs
encompassing two years of secondary work force education and two years of
postsecondary work force education.
(15)
In cooperation with the higher education coordinating board, facilitate
transfer of credit policies and agreements between private training
institutions and institutions of the state training system.
(16)
Participate in the development of coordination criteria for activities under
the job training partnership act with related programs and services provided by
state and local education and training agencies.
(17)
Make recommendations to the commission of student assessment, the state board
of education, and the superintendent of public instruction, concerning basic
skill competencies and essential core competencies for K‑12 education.
Basic skills for this purpose shall be reading, writing, computation, speaking,
and critical thinking, essential core competencies for this purpose shall be
English, math, science/technology, history, geography, and critical thinking.
The board shall monitor the development of and provide advice concerning
secondary curriculum which integrates vocational and academic education.
(18)
Establish and administer programs for marketing and outreach to businesses and
potential program participants.
(19)
Facilitate the location of support services, including but not limited to,
child care, financial aid, career counseling, and job placement services, for
students and trainees at institutions in the state training system, and
advocate for support services for trainees and students in the state training
system.
(20)
Facilitate private sector assistance for the state training system, including
but not limited to: Financial assistance, rotation of private and public
personnel, and vocational counseling.
(21)
Facilitate programs for school-to-work transition that combine classroom
education and on-the-job training in industries and occupations without a
significant number of apprenticeship programs.
(22)
Encourage and assess progress for the equitable representation of racial and
ethnic minorities, women, and people with disabilities among the students,
teachers, and administrators of the state training system. Equitable, for this
purpose, shall mean substantially proportional to their percentage of the state
population in the geographic area served. This function of the board shall in
no way lessen more stringent state or federal requirements for representation
of racial and ethnic minorities, women, and people with disabilities.
(23)
Participate in the planning and policy development of governor set-aside grants
under P.L. 97‑300, as amended.
(24)
Administer veterans' programs, licensure of private vocational schools, the job
skills program, and the Washington award for vocational excellence.
(25)
Allocate funding from the state job training trust fund.
(26)
Work with the director of community, trade, and economic development to ensure
coordination between work force training priorities and that department's
economic development efforts.
(27)
Adopt rules as necessary to implement this chapter.
The
board may delegate to the director any of the functions of this section.)) Establish
and maintain an inventory of the programs of the state workforce development
system and ensure that information is provided to consumers and policymakers at
the state and local level in order to enable them to make informed choices.
(2) Assess employer and worker needs for workforce training and the gap between their needs and the public and private supply of workforce training. The assessments of employer and worker needs shall include state-wide surveys of employers and workers. The survey sample must be statistically representative of the state's employer and employee population.
(3) Analyze the future employment needs of employers and develop strategies to ensure that Washington residents are prepared to meet those needs. The board shall work with industry, labor, and business associations, the operating agencies, and the department of community, trade, and economic development, and local workforce investment councils, to develop demand driven and targeted industry strategies to build a world class workforce.
(4) Develop and maintain a state unified plan for the workforce development system. The unified plan shall include assessments of the state's employment opportunities and skills needs, the current and future workforce, and the current workforce development system; and include goals, objectives, and strategies for improving the workforce development system and a description of the performance measurement system for workforce development.
(5) Work in collaboration with local workforce development councils to develop the state unified plan. Local workforce development councils shall provide input to the board in the development of the state unified plan which articulate their local strategy and needs.
(6) Work in partnership with the training related components of the temporary assistance for needy families program, community service employment under Title V of the older Americans act, and the retraining component of the workers' compensation vocational rehabilitation program; training activities carried out through contracts with the United States department of housing and urban development; and community services block grants authorized under the national community service act, to integrate these programs into the unified planning. The governor may approve inclusion of these programs into the workforce development system.
(7) Review and make recommendations to the governor concerning the program plans of the operating agencies of the state workforce development system regarding consistency with the unified plan.
(8) Recommend to the governor strategies to assure coordination and avoid duplication among the programs of the workforce development system.
(9) Design and implement a performance measurement system for workforce development in cooperation with the operating agencies and with the review of the joint legislative audit and review committee. The performance measurement system for the workforce development system shall be coordinated with the state's accountability system for K-12 education. The performance measurement system includes:
(a) Minimum standards for performance measurement for the state workforce development system including, but not limited to, the use of common survey instruments and common performance indicators;
(b) Standards for data collection and maintenance for the operating agencies of the state workforce development system. The board shall require a minimum of common core data to be collected by each operating agency of the state workforce development system;
(c) Evaluations of the state workforce development system including, but not limited to, outcome, net impact, and cost-benefit evaluations, surveys of program participants, surveys of employers of program participants, and matches with employment security department payroll and wage files, the outcomes of which shall be reported on a regular basis to the governor and the legislature;
(d) Standards for measuring the performance of local training providers to enable consumers to make informed choices and gain access to services they need;
(e) Recommendations to the governor regarding expected performance levels using the performance measurement system established under this section; and
(f) Information provided to the governor and the legislature on the outcomes of workforce development programs. Such information shall include, but not be limited to, program results in the following areas: Participant competencies, employment, wages and earnings, and receipt of public assistance; customer satisfaction, including employer customers who have hired program participants; and the public cost per benefit received.
(10) Measure the performance of the workforce development system using the performance measurement system established in subsection (9) of this section. Operating agencies shall establish and implement rewards for exceptional programs and corrective actions for programs failing to meet minimum performance standards as defined in subsection (9)(a) of this section. Operating agencies shall report to the board annually beginning December 31, 2001, on corrective action taken and rewards granted. Beginning July 1, 2002, the board shall report to the governor and the legislature on operating agencies' actions to reward exceptional programs and to correct and improve programs that fail to meet standards established in subsection (9)(a) of this section.
(11) Establish an incentive fund for workforce development, using federal funding for workforce development programs, and allocate dollars from the incentive fund to reward local workforce development councils and programs that produce exemplary results.
(12) Review the plans of local workforce development councils for consistency with the state unified plan and recommend to the governor whether local plans should be approved. The board shall provide technical assistance to local workforce development councils as necessary.
(13) Work with local workforce development councils and state operating agencies to implement a one stop delivery system that is seamless and consumer-based.
(14) For the purposes of enabling individuals to make smooth transitions into the workforce and back and forth between workforce development programs and employment, make recommendations regarding generic workplace skills that individuals need in order to meet employer expectations.
(15) Administer veterans' programs, licensure of private vocational schools, and the Washington award for vocational excellence.
(16) Work with the director of community, trade, and economic development to ensure coordination between workforce training priorities and that department's economic development efforts.
(17) Work in collaboration with local workforce development councils, business organizations, and economic development councils to create a coordinated and responsive system of outreach for small business.
(18) Consult with the programs and the customers of programs in the workforce development system in performing the board's duties.
(19) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the functions of this section.
NEW SECTION. Sec. 7. A new section is added to chapter 28C.18 RCW to read as follows:
There are hereby created local workforce development councils to serve functions including, but not limited to, those specified for local workforce development councils under P.L. 105-220. The governor, in partnership with the state board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local councils. Local workforce development councils shall:
(1) In partnership with chief local elected officials, develop and maintain a local unified plan for the workforce development system including but not limited to the local plan required by P.L. 105-220 Title I. The unified plan shall include assessments of local employment opportunities and skills needs, the current and future workforce, the current workforce development system, and financial resources; and include goals, objectives, and strategies for the local workforce development system, including a system-wide financial strategy for implementing the plan. Local workforce development councils shall submit their unified plans to the governor for approval and the plan should be consistent with the state unified plan.
(2) Conduct oversight over the local one stop system under P.L. 105-220 Title 1(b).
(3) Coordinate workforce development activities at the local level and ensure a linkage with local economic development strategies.
(4) Provide for a coordinated and responsive system of outreach to employers to include the establishment of public-private partnerships of local brokers to connect small businesses to workforce training programs and resources. Brokers may include industry and trade associations, chambers of commerce, central labor councils, and other labor organizations. Broker services may include communicating small business needs to training providers, pooling the specific training needs of several small employers to create cost-effective demand, and supporting the growth of apprenticeship programs.
(5) Identify eligible providers of training services.
(6) Assess the planning process to identify quality improvements.
(7) Execute a master partnership agreement with local elected officials that establishes the working relationships and specifies responsibilities of each body in the partnership.
Sec. 8. RCW 50.38.050 and 1993 c 62 s 5 are each amended to read as follows:
The department shall have the following duties:
(1) Oversight and management of a state-wide comprehensive labor market and occupational supply and demand information system, including development of a five-year employment forecast for state and labor market areas;
(2) Produce local labor market information packages for the state's counties, including special studies and job impact analyses in support of state and local employment, training, education, and job creation programs, especially activities that prevent job loss, reduce unemployment, and create jobs;
(3)
Coordinate with the office of financial management and the office of the
forecast council to improve employment estimates by enhancing data on corporate
officers, improving business establishment listings, expanding sample for
employment estimates, and developing business entry/exit analysis relevant to
the generation of occupational and economic forecasts; ((and))
(4) In cooperation with the office of financial management, produce long-term industry and occupational employment forecasts. These forecasts shall be consistent with the official economic and revenue forecast council biennial economic and revenue forecasts; and
(5) Provide labor market information needed for the state workforce development board to fulfill its duties under RCW 28C.04.060.
Sec. 9. RCW 50.67.010 and 1991 c 238 s 14 are each amended to read as follows:
(1)
((There is hereby created the Washington state job training coordinating
council for so long as a state council is required by federal law or regulation
as a condition for receipt of federal funds. The council shall perform all
duties of state job training coordinating council as specified in the federal
job training partnership act, P.L. 97‑300, as amended, including the
preparation of a coordination and special services plan for a two-year period,
consistent with the state comprehensive plan for work force training and
education prepared by the work force training and education coordinating board
as provided for in RCW 28C.18.060.
(2)
The work force training and education coordinating board shall monitor the need
for the council as described in subsection (1) of this section, and, if that
need no longer exists, propose legislation to terminate the council.)) The
duties of the job training coordinating council described in section 122 of
P.L. 97-300 shall be performed by the workforce development board until July 1,
2000.
(2) This section expires July 1, 2000.
NEW SECTION. Sec. 10. The department is responsible to prepare the following elements for the program plan required by the workforce investment act of 1998 (P.L. 105-220) which include:
(1) Detailed plans required under section 8 of the Wagner-Peyser act (29 U.S.C. 49g);
(2) Assurances that the state will provide, in accordance with section 184 of the workforce investment act, for fiscal control and fund accounting procedures that are necessary to ensure the proper disbursement of, and accounting for, funds paid to the state through the allotments made under sections 127 and 132 of the workforce investment act;
(3)(a) A description of the methods and factors the state will use in distributing funds to local areas for youth activities and adult employment and training activities under sections 128(b)(3)(B) and 133(b)(3)(B) of the workforce investment act, including:
(i) A description of how the individuals and entities represented on the workforce development board were involved in determining such methods and factors of distribution; and
(ii) A description of how that state consulted with chief elected officials in local areas throughout the state in determining such distribution; and
(b) Assurances that the funds will be distributed equitably throughout the state, and that no local areas will suffer significant shifts in funding from year to year; and
(c) A description of the formula prescribed by the governor pursuant to section 133(b)(2)(B) of the workforce investment act for the allocation of funds to local areas for dislocated worker employment and training activities;
(4) With respect to the one stop delivery systems described in section 134(c) of the workforce investment act, a description of the operational strategy of the state for assisting local areas in development and implementation of fully operational one stop delivery systems in the state;
(5) A description of the competitive process to be used by the state to award grants and contracts in the state for activities carried out under the workforce investment act;
(6) With respect to the employment and training activities authorized in section 134 of the workforce investment act:
(a) The employment and training activities that will be carried out with the funds received by the state through the allotment made under section 132 of the workforce investment act;
(b) How the state will provide rapid response activities to dislocated workers from funds reserved under section 133(a)(2) of the workforce investment act for such purposes, including the designation of an identifiable state rapid response dislocated worker unit to carry out state-wide rapid response activities; and
(c) With other state operating agencies, how the state will serve the employment and training needs of dislocated workers, including displaced homemakers; low-income individuals, including recipients of public assistance; individuals training for nontraditional employment; and other individuals with multiple barriers to employment, including older individuals and individuals with disabilities; and
(7) With respect to youth activities authorized in section 129 of the workforce investment act, information:
(a) Describing the state strategy for providing comprehensive services to eligible youth, particularly those eligible youth who are recognized as having significant barriers to employment;
(b) Describing how that state will coordinate the youth activities carried out in the state under section 129 of the workforce investment act with the services provided by job corps centers in the state, where such centers exist; and
(c) Describing how the state will coordinate youth activities described in subparagraph (C) of the workforce investment act with activities carried out through the youth opportunity grants under section 169 of the workforce investment act.
NEW SECTION. Sec. 11. The department shall receive federal funds authorized under the workforce investment act of 1998 (P.L. 105-220) Title 1B and recommend to the governor the allocation of the funds to support this chapter, chapter 28C.18 RCW, and the workforce investment act.
NEW SECTION. Sec. 12. Training and placement activities of the WorkFirst program or any successor program shall be included in the state workforce development system by July 1, 2001.
NEW SECTION. Sec. 13. The joint legislative audit and review committee shall conduct a performance audit of the state workforce development system including but not limited to outcome, net impact, and cost-benefit evaluations. A performance audit may include, where practical and feasible, surveys of program participants and employers, and analyses of employment outcomes for participants.
The joint legislative audit and review committee shall prepare an interim report of its performance audit findings by December 1, 2003, and a final report by December 1, 2004, and deliver the reports to the appropriate committees of the legislature. The operating agencies of the workforce development system, the workforce development board, and the private career schools and colleges shall provide administrative, program, and client data to the joint legislative audit and review committee for this performance audit.
NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:
(1) RCW 28C.18.070 (Intent--"Program" clarified) and 1995 c 130 s 1;
(2) RCW 28C.18.080 (Comprehensive plan--Contents--Updates--Agency operating plans--Reports to the legislature) and 1997 c 369 s 5 & 1995 c 130 s 2;
(3) RCW 28C.18.090 (Additional board duties--Program evaluation by operating agencies) and 1995 c 130 s 4;
(4) RCW 28C.18.100 (Assessments by board--Biennial report to legislature and governor) and 1995 c 130 s 5;
(5) RCW 28C.18.110 (Identification of policies and methods to promote efficiency and sharing of resources--Report to governor and legislature) and 1995 c 130 s 6;
(6) RCW 50.67.020 (Membership of council--Assistance to work force training and education coordinating board) and 1991 c 238 s 15; and
(7) RCW 50.67.030 (Washington youthbuild program--Council to advise) and 1994 sp.s. c 3 s 8.
NEW SECTION. Sec. 15. Sections 10 and 11 of this act constitute a new chapter in Title 50 RCW.
NEW SECTION. Sec. 16. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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