Enrolled Version - Final Version
House Bill 4411 History
OTHER VERSIONS -
Introduced Version
|
Engrossed Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
ENROLLED
H. B. 4411
(By Delegates Mezzatesta, Cann, Frederick,
Stalnaker and Walters)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §5B-2B-2, §5B-2B-4, §5B-2B-5 and §5B-
2B-9 of the code of West Virginia, 1931, as amended, all
relating to the West Virginia workforce investment act;
updating terms; outlining duties; and creating the workforce
investment interagency collaborative team.
Be it enacted by the Legislature of West Virginia:
That §5B-2B-2, §5B-2B-4, §5B-2B-5 and §5B-2B-9 of the code of
West Virginia, 1931, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 2B. WEST VIRGINIA WORKFORCE INVESTMENT ACT.
§5B-2B-2. Definitions.
As used in this article, the following terms have the
following meanings, unless the context clearly indicates otherwise:
(1) "Commission" or "legislative oversight commission" means
the legislative oversight commission on workforce investment for
economic development created pursuant to section seven of this article.
(2) "Council" means the West Virginia workforce investment
council.
(3) "Team" means the workforce investment interagency
collaborative team.
§5B-2B-4. Duties of the workforce investment council.
(a) The council shall assist the governor in the:
(1) Development and revision of a strategic five-year state
workforce investment plan, including the establishment of an
overall workforce investment public agenda with goals and
benchmarks of success for the state, state agencies and for local
workforce investment boards;
(2) Development and continuous improvement of a statewide
system of workforce investment activities including:
(A) Development of linkages in order to assure coordination
and nonduplication of services and activities of workforce
investment programs conducted by various entities in the state; and
(B) The review of strategic plans created and submitted by
local workforce investment boards;
(3) Commenting at least annually on the measures taken by the
state pursuant to the Carl D. Perkins Vocational and Applied
Technology Education Act, 20 U.S.C. §2323;
(4) Designation and revision of local workforce investment
areas;
(5) Development and revision of allocation formulas for the distribution of funds for adult employment and training activities
and youth activities to local areas;
(6) Development and continuous improvement of comprehensive
state performance measures, including state adjusted levels of
performance, to assess the effectiveness of the workforce
investment activities in the state;
(7) Preparation of the annual report to the secretary of labor
as required by the Workforce Investment Act, 29 U.S.C. §2871;
(8) Development and continued improvement of a statewide
employment statistics system; and
(9) Development and revision of an application for workforce
investment incentive grants.
(b) The council shall make a report to the legislative
oversight commission on or before the fifteenth day of January of
each year detailing: (1) All the publicly funded workforce
investment programs operating in the state, including the amount of
federal and state funds expended by each program, how the funds are
spent and the resulting improvement to the workforce; (2) the
council's recommendations concerning future use of funds for
workforce investment programs; (3) the council's
analysis of
operations of local workforce investment programs; (4) the
council's recommendations for the establishment of an overall
workforce investment public agenda with goals and benchmarks of
success
for the state, state agencies and for local workforce
investment boards
; and (5) any other information the commission may require.
§5B-2B-5. State agencies.
On or before the first day of November any state agency that
receives federal or state funding that has been used for workforce
investment activities for the past fiscal year shall provide to the
council a report, detailing the source and amount of federal, state
or other funds received; the purposes for which the funds were
provided; the services provided in each regional workforce
investment area; the measures used to evaluate program performance,
including current and baseline performance data; and any other
information requested by the council. All reports submitted
pursuant to this section are to be in a form approved by the
council.
§5B-2B-9. Coordination between agencies providing workforce
investment programs, local workforce investment boards and the
executive director of the West Virginia development office.
(a) To provide on-going attention to addressing issues that
will build and continually improve the overall workforce investment
system, the workforce investment interagency collaborative team is
hereby created. The team shall be the single state interagency
source for addressing issues or concerns related to building and
maintaining the most effective and efficient implementation of the
federal workforce investment act and the overall workforce
development system in West Virginia. The team shall focus on how
best to collaborate between and among the state agencies directly involved in workforce investment activities and shall develop a
strategic plan to that end. The team shall serve as a forum for
the council to seek information or recommendations in furtherance
of its responsibilities under this article. The West Virginia
development office is the entity which shall convene the team at
least monthly and shall provide administrative and other services
to the team as the team requires.
(b) The team shall consist of members from each agency subject
to the reporting provisions of section five of this article. Each
agency shall appoint two representatives to the team consisting of
the chief official of the department or division and the official
within that department or division who is directly responsible for
overseeing the workforce investment program or activities at the
state level. A designee may be selected to represent a member
appointed to the team: Provided, That the designee has policy-
making decision authority regarding workforce investment activities
including program and fiscal issues. The team members have
authority to make decisions on behalf of the agency at the level
required for the team to address issues and advance system
improvements.
(c) The team shall coordinate the development of a self-
sufficiency standard study for the State of West Virginia. The
self-sufficiency standard is to measure how much income is needed
for a household of a given composition in a given place to
adequately meet its basic needs without public or private assistance. Beginning on the first day of November, two thousand
four, and every two years thereafter, this study is to be reported
to the speaker of the House of Delegates, the president of the
Senate, the workforce investment council and the legislative
oversight commission on workforce investment for economic
development.
(d) Beginning the first day of January, two thousand three, in
order to lawfully continue any workforce investment activities, any
agency subject to the reporting provisions of section five of this
article shall enter into a memorandum of understanding with the
executive director of the West Virginia development office and any
local workforce investment board representing an area of this state
in which the agency is engaged in workforce investment activities.
To the extent permitted by federal law, the agreements are to
maximize coordination of workforce investment activities and
eliminate duplication of services on both state and local levels.
(e) No memorandum of understanding may be effective for more
than one year without annual reaffirmation by the parties.
(f) Any state agency entering a memorandum of understanding
shall deliver a copy thereof to both the West Virginia workforce
investment council and the legislative oversight commission.