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HF 3081

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 06/08/2016 12:03pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to workforce development; modifying workforce development areas;
amending Minnesota Statutes 2014, section 116L.666.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 116L.666, is amended to read:


116L.666 WORKFORCE deleted text beginSERVICEdeleted text endnew text begin DEVELOPMENTnew text end AREAS.

Subdivision 1.

Designation of workforce deleted text beginservicedeleted text endnew text begin developmentnew text end areas.

For the
purpose of administering federal, state, and local employment and training services,
the commissioner shall designate the geographic boundaries for workforce deleted text beginservicedeleted text endnew text begin
development
new text end areas in Minnesota.

The commissioner shall approve a request to be a workforce deleted text beginservicedeleted text endnew text begin developmentnew text end
area from:

(1) a home rule charter or statutory city with a population of 200,000 or more or a
county with a population of 200,000 or more; or

(2) a consortium of contiguous home rule charter or statutory cities or counties
with an aggregate population of 200,000 or more that serves a substantial part of one or
more labor markets.

The commissioner may approve a request to be a workforce deleted text beginservicedeleted text endnew text begin developmentnew text end
area from a home rule charter or statutory city or a county or a consortium of contiguous
home rule charter or statutory cities or counties, without regard to population, that serves a
substantial portion of a labor market area.

The commissioner shall make a final designation of workforce deleted text beginservicedeleted text endnew text begin developmentnew text end
areas within the state after consulting with local elected officials and the governor's
Workforce Development Council. Existing deleted text beginservice deliverydeleted text endnew text begin workforce developmentnew text end areas
designated under the federal deleted text beginJob Training Partnershipdeleted text endnew text begin Workforce Investmentnew text end Act shall
be initially designated as workforce deleted text beginservicedeleted text endnew text begin developmentnew text end areas providing that no other
petitions are submitted by local elected officials.

The commissioner may redesignate workforce deleted text beginservicedeleted text endnew text begin developmentnew text end areas, upon the
advice of the affected local elected officials, no more frequently than every two years.
These redesignations must be made not later than four months before the beginning of a
program year.

Subd. 2.

Creation of local workforce deleted text begincouncilsdeleted text endnew text begin development boardsnew text end.

A local
workforce deleted text begincouncildeleted text endnew text begin development boardnew text end must be established in each workforce deleted text beginservicedeleted text endnew text begin
development
new text end area, designated according to subdivision 1.

Subd. 3.

Membership on local workforce deleted text begincouncilsdeleted text endnew text begin development boardsnew text end.

In
workforce deleted text beginservicedeleted text endnew text begin developmentnew text end areas representing only one home rule charter or statutory
city or a county, the chief new text beginlocal new text endelected official must appoint members to the deleted text begincouncildeleted text endnew text begin boardnew text end.
In workforce deleted text beginservicedeleted text endnew text begin developmentnew text end areas representing two or more home rule charter or
statutory cities or counties, the chief elected officials of the home rule charter or statutory
cities or counties must appoint members to the deleted text begincouncildeleted text endnew text begin boardnew text end, in accordance with an
agreement entered into by such units of general local government.

A deleted text begincouncildeleted text endnew text begin local workforce development boardnew text end shall include as members:

(1) representatives of the private sector, who must constitute a majority of the
membership of the deleted text begincouncildeleted text endnew text begin workforce development boardnew text end and who are owners of business
concerns, chief executives or chief operating officers of nongovernmental employers, or
other private sector executives who have substantial management or policy responsibility;

(2) deleted text beginat least twodeleted text end representatives of organized labor;

(3) representatives of the area workforce and community-based organizations,new text begin
including labor, veterans, individuals with disabilities, minorities, older workers, housing,
secondary career and technical education, or philanthropic organizations,
new text end who shall
constitute not less than deleted text begin15deleted text endnew text begin 20new text end percent of the membership of the deleted text begincouncildeleted text endnew text begin workforce
development board
new text end; and

(4) representatives of each of the following:

(i) new text beginhigher new text endeducational agencies that are representative of all new text beginhigher new text endeducational
agencies within the workforce deleted text beginservicedeleted text endnew text begin developmentnew text end areanew text begin, including community collegesnew text end;

(ii) vocational rehabilitation deleted text beginagenciesdeleted text endnew text begin programs carried out under title I of the
Rehabilitation Act of 1973 within the workforce development area
new text end;

(iii) deleted text beginpublic assistance agenciesdeleted text endnew text begin representatives of adult education and literacy
programs under title II of the Rehabilitation Act of 1973 within the workforce development
area
new text end;

(iv) new text beginthe director of area apprenticeship training;
new text end

new text begin (v) new text endeconomic development agencies; deleted text beginand
deleted text end

new text begin (vi) a company or trade association with an apprenticeship program recognized by
the Department of Labor and Industry; and
new text end

deleted text begin (v)deleted text endnew text begin (vii) Wagner-Peyser fundednew text end public employment service agencies.

new text begin Individual members of the local board may represent multiple categories referenced
in clauses (1) to (4).
new text endThe chair of each local workforce deleted text begincouncildeleted text endnew text begin development boardnew text end shall
be selected from among the members of the deleted text begincouncildeleted text endnew text begin boardnew text end who are representatives of
the private sector.

Private sector representatives on the local workforce deleted text begincouncildeleted text endnew text begin development boardnew text end shall
be selected from among individuals nominated by general purpose business organizations,
such as local chambers of commerce, in the workforce deleted text beginservicedeleted text endnew text begin developmentnew text end area.

Education representatives on the local workforce deleted text begincouncildeleted text endnew text begin development boardnew text end must
include at least one representative from a local adult basic education program approved
under section 124D.52new text begin and nominated by the program,new text end and the deleted text beginremainingdeleted text endnew text begin highernew text end education
representatives shall be selected from among individuals nominated by deleted text beginsecondary anddeleted text end
postsecondary educational institutions within the workforce deleted text beginservicedeleted text endnew text begin developmentnew text end area.

Organized labor representatives on the local workforce deleted text begincouncildeleted text endnew text begin development
board
new text end shall be selected from individuals recommended by recognized state and local
labor federations, organizations, or councils. If the state or local labor federations,
organizations, or councils fail to nominate a sufficient number of individuals to meet
the labor representation requirements, individual workers may be included on the local
workforce deleted text begincouncildeleted text endnew text begin development boardnew text end to complete the labor representation.

The commissioner must certify a local workforce deleted text begincouncildeleted text endnew text begin development boardnew text end if
the commissioner determines that its composition and appointments are consistent with
this subdivision.

Subd. 4.

Purpose; duties of local workforce deleted text begincouncildeleted text endnew text begin development boardnew text end.

The
local workforce deleted text begincouncildeleted text endnew text begin development boardnew text end is responsible for providing policy guidance
for, and exercising oversight with respect to, activities conducted by local workforce
centers in partnership with the local unit or units of general local government within the
workforce deleted text beginservicedeleted text endnew text begin developmentnew text end area and with the commissioner.

A local workforce center is a location where federal, state, and local employment
and training services are provided to job seekers and employers.

A local workforce deleted text begincouncildeleted text endnew text begin development boardnew text end, in accordance with an agreement or
agreements with the appropriate chief elected official or officials and the commissioner,
shall:

(1) determine procedures for the development of the local workforce deleted text beginservicedeleted text endnew text begin
development
new text end area plan. The procedures may provide for the preparation of all or any
part of the plan:

(i) by the deleted text begincouncildeleted text endnew text begin local workforce development boardnew text end;

(ii) by any unit of general local or state government in the workforce deleted text beginservicedeleted text endnew text begin
development
new text end area, or by an agency of that unit; or

(iii) by any other methods or institutions as may be provided in the agreement;

(2) new text beginconsult with the department prior to the award of competitive workforce
development grants in the local area;
new text end

new text begin (3) new text endselect the recipients for local grants and an administrator of the local workforce
deleted text beginservicedeleted text endnew text begin developmentnew text end area plan. These may be the same entity or separate entities and
must be chosen from among the following:

(i) the deleted text begincouncildeleted text endnew text begin local workforce development boardnew text end;

(ii) a unit of general local or state government in its workforce deleted text beginservicedeleted text endnew text begin developmentnew text end
area, or an agency of that unit;

(iii) a nonprofit organization or corporation; or

(iv) any other agreed-upon entity;

deleted text begin (3)deleted text endnew text begin (4)new text end jointly plan for local collaborative activities including the transition of public
assistance recipients to employment in the public or private sectors;

deleted text begin (4)deleted text endnew text begin (5)new text end provide on-site review and oversight of program performance;

deleted text begin (5)deleted text endnew text begin (6)new text end establish local priorities for service and target populations;

deleted text begin (6)deleted text endnew text begin (7)new text end ensure nonduplication of new text beginstate and federal workforce development new text endservices
and a unified service delivery system within the workforce deleted text beginservicedeleted text endnew text begin developmentnew text end area;

deleted text begin (7)deleted text endnew text begin (8)new text end ensure that local workforce centers provide meeting space, free of charge, for
meetings of displaced homemaker programs, established under section 116L.96; and

deleted text begin (8)deleted text endnew text begin (9)new text end nominate individuals to the governor to consider for membership on the
governor's Workforce Development deleted text beginCouncildeleted text endnew text begin Boardnew text end.

Sec. 2. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "workforce service area" or "workforce
service areas" to "workforce development area" or "workforce development areas"
wherever the terms appear in statutes.
new text end