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HF 244

4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

  1.1                          A bill for an act 
  1.2             relating to employment; establishing the governor's 
  1.3             workforce development council to replace certain other 
  1.4             councils; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 268; repealing Minnesota Statutes 
  1.6             1994, sections 126B.02; 121.703; and 268.9755. 
  1.8      Section 1.  [268.665] [WORKFORCE DEVELOPMENT COUNCIL.] 
  1.9      Subdivision 1.  [CREATION.] The governor's workforce 
  1.10  development council is created under the authority of the Job 
  1.11  Training Partnership Act, United States Code, title 29, section 
  1.12  1501, et seq.  Local workforce development councils are 
  1.13  authorized under the job training partnership act, United States 
  1.14  Code, Title 29, section 1501 and the one stop career center 
  1.15  system. 
  1.16     Subd. 2.  [MEMBERSHIP.] The governor's workforce 
  1.17  development council is composed of 32 members appointed by the 
  1.18  governor.  The members may be removed pursuant to section 
  1.19  15.059.  In selecting the representatives of the council, the 
  1.20  governor shall ensure that 50 percent of the members come from 
  1.21  nominations provided by local workforce councils.  Local 
  1.22  education representatives shall come from nominations provided 
  1.23  by local education to employment partnerships.  The 32 members 
  1.24  shall represent the following sectors:  
  1.25     (a) State agencies:  the following individuals shall serve 
  1.26  on the council:  
  2.1      (1) commissioner of the Minnesota department of economic 
  2.2   security; 
  2.3      (2) commissioner of the Minnesota department of education; 
  2.4      (3) commissioner of the Minnesota department of human 
  2.5   services; and 
  2.6      (4) commissioner of the Minnesota department of trade and 
  2.7   economic development. 
  2.8      (b) Business and industry:  six individuals shall represent 
  2.9   the business and industry sectors of Minnesota. 
  2.10     (c) Organized labor:  six individuals shall represent labor 
  2.11  organizations of Minnesota. 
  2.12     (d) Community-based organizations:  four individuals shall 
  2.13  represent community-based organizations of Minnesota.  
  2.14  Community-based organizations are defined by the Job Training 
  2.15  Partnership Act as private nonprofit organizations that are 
  2.16  representative of communities or significant segments of 
  2.17  communities and that provide job training services, agencies 
  2.18  serving youth, agencies serving individuals with disabilities, 
  2.19  agencies serving displaced homemakers, union-related 
  2.20  organizations, and employer-related nonprofit organizations and 
  2.21  organizations serving nonreservation Indians and tribal 
  2.22  governments. 
  2.23     (e) Education:  five individuals shall represent the 
  2.24  education sector of Minnesota as follows:  
  2.25     (1) one individual shall represent local public secondary 
  2.26  education; 
  2.27     (2) one individual shall have expertise in design and 
  2.28  implementation of school-based service-learning; 
  2.29     (3) one individual shall represent post-secondary 
  2.30  education; 
  2.31     (4) one individual shall represent secondary/post-secondary 
  2.32  vocational institutions; and 
  2.33     (5) the chancellor of the higher education board; 
  2.34     (f) Other:  two individuals shall represent other 
  2.35  constituencies including: 
  2.36     (1) units of local government; and 
  3.1      (2) applicable state or local programs. 
  3.2      The speaker and the minority leader of the house of 
  3.3   representatives shall each appoint a representative to serve as 
  3.4   an ex officio member of the council.  The majority and minority 
  3.5   leaders of the senate shall each appoint a senator to serve as 
  3.6   an ex officio member of the council.  After January 1, 1997, the 
  3.7   Minnesota director of the corporation for national service shall 
  3.8   also serve as an ex officio member.  
  3.9      (g) Appointment:  each member shall be appointed for a term 
  3.10  of three years from the first day of January or July immediately 
  3.11  following their appointment.  Elected officials shall forfeit 
  3.12  their appointment if they cease to serve in elected office.  
  3.13     (h) Members of the council are compensated as provided in 
  3.14  section 15.059, subdivision 3. 
  3.15     Subd. 3.  [PURPOSE; DUTIES.] The governor's workforce 
  3.16  development council shall replace the governor's job training 
  3.17  council and assume all of its requirements, duties, and 
  3.18  responsibilities, under the Job Training Partnership Act, United 
  3.19  States Code, title 29, section 1501, et seq.  Additionally, the 
  3.20  workforce development council shall assume the following duties 
  3.21  and responsibilities:  
  3.22     (a) Coordinate the development, implementation, and 
  3.23  evaluation of the statewide education and employment transitions 
  3.24  system under section 126B.01.  Beginning January 1, 1997, the 
  3.25  council shall also coordinate the development, implementation, 
  3.26  and evaluation of the Minnesota youth services programs under 
  3.27  sections 121.704 to 121.709, and the National and Community 
  3.28  Services Act of 1993, United States Code, title 42, section 
  3.29  12501, et. seq.  
  3.30     (b) Review the provision of services and the use of funds 
  3.31  and resources under applicable federal human resource programs 
  3.32  and advise the governor on methods of coordinating the provision 
  3.33  of services and the use of funds and resources consistent with 
  3.34  the laws and regulations governing the programs.  For purposes 
  3.35  of this section, applicable federal and state human resource 
  3.36  programs mean the: 
  4.1      (1) Job Training Partnership Act, United States Code, title 
  4.2   29, section 1501, et seq.; 
  4.3      (2) Carl D. Perkins Vocational and Applied Technology 
  4.4   Education Act, United States Code, title 20, section 2301, et 
  4.5   seq.; 
  4.6      (3) National and Community Service Act of 1993, United 
  4.7   States Code, title 42, section 12501, et seq.; 
  4.8      (4) Adult Education Act, United States Code, title 20, 
  4.9   section 1201, et seq.; 
  4.10     (5) Wagner-Peyser Act, United States Code, title 29, 
  4.11  section 49; 
  4.12     (6) Social Security Act, title IV, part F, (JOBS), United 
  4.13  States Code, title 42, section 681, et seq.; 
  4.14     (7) Food Stamp Act of 1977, United States Code, title 7, 
  4.15  section 6(d)(4), Food Stamp Employment and Training Program, 
  4.16  United States Code, title 7, section 2015(d)(4); 
  4.17     (8) programs defined in section 268.0111, subdivisions 4 
  4.18  and 5; and 
  4.19     (9) School to Work Opportunity Act of 1994, Public Law 
  4.20  Number 103-239.  
  4.21     Additional federal and state programs and resources can be 
  4.22  included within the scope of the council's duties if recommended 
  4.23  by the governor after consultation with the council. 
  4.24     (c) Review federal, state, and local education, 
  4.25  post-secondary, job skills training, and youth employment 
  4.26  programs, and make recommendations to the governor and the 
  4.27  legislature for establishing an integrated seamless system for 
  4.28  providing education, service-learning, and work skills 
  4.29  development services to learners and workers of all ages. 
  4.30     (d) Advise the governor on the development and 
  4.31  implementation of statewide and local performance standards and 
  4.32  measures relating to applicable federal human resource programs 
  4.33  and the coordination of performance standards and measures among 
  4.34  programs.  
  4.35     (e) Administer grants to local education and employment 
  4.36  transition partnerships, including implementation grants under 
  5.1   section 126B.01, grants for youth apprenticeship programs under 
  5.2   section 126B.03, and youth employer grants.  Beginning January 
  5.3   1, 1997, administer youthworks grants under sections 121.704 to 
  5.4   121.709; and 
  5.5      (1) coordinate implementation of the education and 
  5.6   employment transitions system under section 126B.01; 
  5.7      (2) promote education and employment transitions programs 
  5.8   and knowledge and skills of entrepreneurship among employers, 
  5.9   workers, youth, and educators, and encourage employers to 
  5.10  provide meaningful work-based learning opportunities; 
  5.11     (3) evaluate and identify exemplary education and 
  5.12  employment transitions programs and provide technical assistance 
  5.13  to local partnerships to replicate the programs throughout the 
  5.14  state; 
  5.15     (4) establish a performance-based quality assurance system 
  5.16  for consistent statewide evaluation of the performance of the 
  5.17  education and employment transitions system at both the state 
  5.18  and local level; 
  5.19     (5) conduct an annual review of each local education and 
  5.20  employment transitions partnership to ensure it adequately meets 
  5.21  the quality assurance standards established as part of the state 
  5.22  quality assurance system; 
  5.23     (6) develop the methods to assess local partnership 
  5.24  effectiveness; 
  5.25     (7) annually publish a report on the findings of the 
  5.26  evaluations of each local education transitions partnership; 
  5.27     (8) promote knowledge and skills of entrepreneurship among 
  5.28  students in kindergarten through grade 12 by sharing information 
  5.29  about the ways new business development contributes to a strong 
  5.30  economy. 
  5.31     (f) Advise the governor on methods to evaluate applicable 
  5.32  federal human resource programs.  
  5.33     (g) Sponsor appropriate studies to identify human 
  5.34  investment needs in Minnesota and recommend to the governor 
  5.35  goals and methods for meeting those needs.  
  5.36     (h) Recommend to the governor goals and methods for the 
  6.1   development and coordination of a human resource system in 
  6.2   Minnesota.  
  6.3      (i) Examine federal and state laws, rules, and regulations 
  6.4   to assess whether they present barriers to achieving the 
  6.5   development of a coordinated human resource system. 
  6.6      (j) Recommend to the governor and to the federal government 
  6.7   changes in state or federal laws, rules, or regulations 
  6.8   concerning employment and training programs that present 
  6.9   barriers to achieving the development of a coordinated human 
  6.10  resource system. 
  6.11     (k) Recommend to the governor and to the federal government 
  6.12  waivers of laws and regulations to promote coordinated service 
  6.13  delivery. 
  6.14     (l) Sponsor appropriate studies and prepare and recommend 
  6.15  to the governor a strategic plan which details methods for 
  6.16  meeting Minnesota's human investment needs and for developing 
  6.17  and coordinating a state human resource system.  
  6.18     Subd. 4.  [SUBCOMMITTEES.] The governor's workforce 
  6.19  development council shall appoint an advisory subcommittee the 
  6.20  majority of whose members shall represent business and industry 
  6.21  to advise the council on the establishment of the statewide 
  6.22  education and employment transitions system.  The chair of the 
  6.23  workforce development council may establish subcommittees in 
  6.24  order to carry out the duties and responsibilities of the 
  6.25  council.  
  6.26     Subd. 5.  [STAFFING.] The department of economic security 
  6.27  must provide staff support to the Minnesota workforce 
  6.28  development council.  The department of economic security and 
  6.29  the department of education shall jointly staff the education 
  6.30  and employment transitions subcommittee and its activity with 
  6.31  the full council.  The support includes professional, technical, 
  6.32  and clerical staff necessary to perform the duties assigned to 
  6.33  the workforce development council.  The council may ask for 
  6.34  assistance from other units of state government as it requires 
  6.35  in order to fulfill its duties and responsibilities.  
  6.36     Subd. 6.  [EXPIRATION.] The council expires immediately if 
  7.1   it is no longer required by federal law as a condition of 
  7.2   receiving federal funding, or if there is no federal funding for 
  7.3   the human resource programs within the scope of the council's 
  7.4   duties. 
  7.5      Sec. 2.  [REVISOR INSTRUCTION.] 
  7.6      In the next edition of Minnesota Statutes and Minnesota 
  7.7   Rules, the revisor of statutes shall substitute the term 
  7.8   "workforce development council" for "governor's job training 
  7.9   council," and "education and employment transitions council" 
  7.10  wherever the terms appear in statutes and rules. 
  7.11     Sec. 3.  [REPEALER.] 
  7.12     Subdivision 1.  Minnesota Statutes 1994, section 268.9755, 
  7.13  is repealed.  
  7.14     Subd. 2.  Minnesota Statutes 1994, section 126B.02, is 
  7.15  repealed. 
  7.16     Subd. 3.  Minnesota Statutes 1994, section 121.703, is 
  7.17  repealed. 
  7.18     Sec. 4.  [EFFECTIVE DATE.] 
  7.19     Sections 1, 2, and 3, subdivision 1, are effective the day 
  7.20  following final enactment.  Section 3, subdivision 2, is 
  7.21  effective July 1, 1995.  Section 3, subdivision 3, is effective 
  7.22  July 1, 1997.