Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 131-H.F.No. 244
An act relating to employment; establishing the
governor's workforce development council to replace
certain other councils; proposing coding for new law
in Minnesota Statutes, chapter 268; repealing
Minnesota Statutes 1994, sections 126B.02; 121.703;
and 268.9755.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [268.665] [WORKFORCE DEVELOPMENT COUNCIL.]
Subdivision 1. [CREATION.] The governor's workforce
development council is created under the authority of the Job
Training Partnership Act, United States Code, title 29, section
1501, et seq. Local workforce development councils are
authorized under the job training partnership act, United States
Code, Title 29, section 1501 and the one stop career center
system.
Subd. 2. [MEMBERSHIP.] The governor's workforce
development council is composed of 32 members appointed by the
governor. The members may be removed pursuant to section
15.059. In selecting the representatives of the council, the
governor shall ensure that 50 percent of the members come from
nominations provided by local workforce councils. Local
education representatives shall come from nominations provided
by local education to employment partnerships. The 32 members
shall represent the following sectors:
(a) State agencies: the following individuals shall serve
on the council:
(1) commissioner of the Minnesota department of economic
security;
(2) commissioner of the Minnesota department of education;
(3) commissioner of the Minnesota department of human
services; and
(4) commissioner of the Minnesota department of trade and
economic development.
(b) Business and industry: six individuals shall represent
the business and industry sectors of Minnesota.
(c) Organized labor: six individuals shall represent labor
organizations of Minnesota.
(d) Community-based organizations: four individuals shall
represent community-based organizations of Minnesota.
Community-based organizations are defined by the Job Training
Partnership Act as private nonprofit organizations that are
representative of communities or significant segments of
communities and that provide job training services, agencies
serving youth, agencies serving individuals with disabilities,
agencies serving displaced homemakers, union-related
organizations, and employer-related nonprofit organizations and
organizations serving nonreservation Indians and tribal
governments.
(e) Education: five individuals shall represent the
education sector of Minnesota as follows:
(1) one individual shall represent local public secondary
education;
(2) one individual shall have expertise in design and
implementation of school-based service-learning;
(3) one individual shall represent post-secondary
education;
(4) one individual shall represent secondary/post-secondary
vocational institutions; and
(5) the chancellor of the higher education board;
(f) Other: two individuals shall represent other
constituencies including:
(1) units of local government; and
(2) applicable state or local programs.
The speaker and the minority leader of the house of
representatives shall each appoint a representative to serve as
an ex officio member of the council. The majority and minority
leaders of the senate shall each appoint a senator to serve as
an ex officio member of the council. After January 1, 1997, the
Minnesota director of the corporation for national service shall
also serve as an ex officio member.
(g) Appointment: each member shall be appointed for a term
of three years from the first day of January or July immediately
following their appointment. Elected officials shall forfeit
their appointment if they cease to serve in elected office.
(h) Members of the council are compensated as provided in
section 15.059, subdivision 3.
Subd. 3. [PURPOSE; DUTIES.] The governor's workforce
development council shall replace the governor's job training
council and assume all of its requirements, duties, and
responsibilities, under the Job Training Partnership Act, United
States Code, title 29, section 1501, et seq. Additionally, the
workforce development council shall assume the following duties
and responsibilities:
(a) Coordinate the development, implementation, and
evaluation of the statewide education and employment transitions
system under section 126B.01. Beginning January 1, 1997, the
council shall also coordinate the development, implementation,
and evaluation of the Minnesota youth services programs under
sections 121.704 to 121.709, and the National and Community
Services Act of 1993, United States Code, title 42, section
12501, et. seq.
(b) Review the provision of services and the use of funds
and resources under applicable federal human resource programs
and advise the governor on methods of coordinating the provision
of services and the use of funds and resources consistent with
the laws and regulations governing the programs. For purposes
of this section, applicable federal and state human resource
programs mean the:
(1) Job Training Partnership Act, United States Code, title
29, section 1501, et seq.;
(2) Carl D. Perkins Vocational and Applied Technology
Education Act, United States Code, title 20, section 2301, et
seq.;
(3) National and Community Service Act of 1993, United
States Code, title 42, section 12501, et seq.;
(4) Adult Education Act, United States Code, title 20,
section 1201, et seq.;
(5) Wagner-Peyser Act, United States Code, title 29,
section 49;
(6) Social Security Act, title IV, part F, (JOBS), United
States Code, title 42, section 681, et seq.;
(7) Food Stamp Act of 1977, United States Code, title 7,
section 6(d)(4), Food Stamp Employment and Training Program,
United States Code, title 7, section 2015(d)(4);
(8) programs defined in section 268.0111, subdivisions 4
and 5; and
(9) School to Work Opportunity Act of 1994, Public Law
Number 103-239.
Additional federal and state programs and resources can be
included within the scope of the council's duties if recommended
by the governor after consultation with the council.
(c) Review federal, state, and local education,
post-secondary, job skills training, and youth employment
programs, and make recommendations to the governor and the
legislature for establishing an integrated seamless system for
providing education, service-learning, and work skills
development services to learners and workers of all ages.
(d) Advise the governor on the development and
implementation of statewide and local performance standards and
measures relating to applicable federal human resource programs
and the coordination of performance standards and measures among
programs.
(e) Administer grants to local education and employment
transition partnerships, including implementation grants under
section 126B.01, grants for youth apprenticeship programs under
section 126B.03, and youth employer grants. Beginning January
1, 1997, administer youthworks grants under sections 121.704 to
121.709; and
(1) coordinate implementation of the education and
employment transitions system under section 126B.01;
(2) promote education and employment transitions programs
and knowledge and skills of entrepreneurship among employers,
workers, youth, and educators, and encourage employers to
provide meaningful work-based learning opportunities;
(3) evaluate and identify exemplary education and
employment transitions programs and provide technical assistance
to local partnerships to replicate the programs throughout the
state;
(4) establish a performance-based quality assurance system
for consistent statewide evaluation of the performance of the
education and employment transitions system at both the state
and local level;
(5) conduct an annual review of each local education and
employment transitions partnership to ensure it adequately meets
the quality assurance standards established as part of the state
quality assurance system;
(6) develop the methods to assess local partnership
effectiveness;
(7) annually publish a report on the findings of the
evaluations of each local education transitions partnership;
(8) promote knowledge and skills of entrepreneurship among
students in kindergarten through grade 12 by sharing information
about the ways new business development contributes to a strong
economy.
(f) Advise the governor on methods to evaluate applicable
federal human resource programs.
(g) Sponsor appropriate studies to identify human
investment needs in Minnesota and recommend to the governor
goals and methods for meeting those needs.
(h) Recommend to the governor goals and methods for the
development and coordination of a human resource system in
Minnesota.
(i) Examine federal and state laws, rules, and regulations
to assess whether they present barriers to achieving the
development of a coordinated human resource system.
(j) Recommend to the governor and to the federal government
changes in state or federal laws, rules, or regulations
concerning employment and training programs that present
barriers to achieving the development of a coordinated human
resource system.
(k) Recommend to the governor and to the federal government
waivers of laws and regulations to promote coordinated service
delivery.
(l) Sponsor appropriate studies and prepare and recommend
to the governor a strategic plan which details methods for
meeting Minnesota's human investment needs and for developing
and coordinating a state human resource system.
Subd. 4. [SUBCOMMITTEES.] The governor's workforce
development council shall appoint an advisory subcommittee the
majority of whose members shall represent business and industry
to advise the council on the establishment of the statewide
education and employment transitions system. The chair of the
workforce development council may establish subcommittees in
order to carry out the duties and responsibilities of the
council.
Subd. 5. [STAFFING.] The department of economic security
must provide staff support to the Minnesota workforce
development council. The department of economic security and
the department of education shall jointly staff the education
and employment transitions subcommittee and its activity with
the full council. The support includes professional, technical,
and clerical staff necessary to perform the duties assigned to
the workforce development council. The council may ask for
assistance from other units of state government as it requires
in order to fulfill its duties and responsibilities.
Subd. 6. [EXPIRATION.] The council expires immediately if
it is no longer required by federal law as a condition of
receiving federal funding, or if there is no federal funding for
the human resource programs within the scope of the council's
duties.
Sec. 2. [REVISOR INSTRUCTION.]
In the next edition of Minnesota Statutes and Minnesota
Rules, the revisor of statutes shall substitute the term
"workforce development council" for "governor's job training
council," and "education and employment transitions council"
wherever the terms appear in statutes and rules.
Sec. 3. [REPEALER.]
Subdivision 1. Minnesota Statutes 1994, section 268.9755,
is repealed.
Subd. 2. Minnesota Statutes 1994, section 126B.02, is
repealed.
Subd. 3. Minnesota Statutes 1994, section 121.703, is
repealed.
Sec. 4. [EFFECTIVE DATE.]
Sections 1, 2, and 3, subdivision 1, are effective the day
following final enactment. Section 3, subdivision 2, is
effective July 1, 1995. Section 3, subdivision 3, is effective
July 1, 1997.
Presented to the governor May 4, 1995
Signed by the governor May 5, 1995, 9:06 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes