Text: SSB02327                          Text: SSB02329
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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2328

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 15.108, subsection 6, Code 1995, is
  1  2 amended to read as follows:
  1  3    6.  JOB EMPLOYEE TRAINING AND ENTREPRENEURIAL ASSISTANCE
  1  4 RETRAINING.  To develop job employee training and retraining
  1  5 strategies in coordination with the department of education
  1  6 and department of workforce development as tools for business
  1  7 development, business expansion, and enhanced competitiveness
  1  8 of Iowa industry, which will promote economic growth and the
  1  9 creation of new job opportunities and to administer related
  1 10 programs including the federal Job Training Partnership Act.
  1 11 To carry out this responsibility, the department shall:
  1 12    a.  Coordinate and perform the duties specified under the
  1 13 job training partnership program in chapter 7B, the Iowa
  1 14 industrial new jobs training Act in chapter 260E, and the Iowa
  1 15 small business new jobs training Act in chapter 260F, the
  1 16 workforce development fund in section 15.341, and the loan
  1 17 loss reserve account in section 15.345.  In performing these
  1 18 duties, the department shall:
  1 19    (1)  Develop a job training delivery system which will
  1 20 minimize administrative costs through a single delivery
  1 21 system, maximize the use of public and private resources for
  1 22 job training initiatives, and assume the coordination of ser-
  1 23 vices and activities with other related programs at both the
  1 24 state and local level.
  1 25    (2)  Manage a job training program reporting and evaluation
  1 26 system which will measure program performance, identify
  1 27 program accomplishments and service levels, evaluate how well
  1 28 job training programs are being coordinated among themselves
  1 29 and with other related programs, and show areas where job
  1 30 training efforts need to be improved.
  1 31    (3)  Maintain a financial management system, file
  1 32 appropriate administrative rules, and monitor the performance
  1 33 of agencies and organizations involved with the administration
  1 34 of job training programs assigned to the department.
  1 35    b.  Develop job training strategies which will promote
  2  1 economic growth and the creation of new job opportunities.
  2  2 Specifically, the department shall:
  2  3    (1)  Work closely with representatives of business and
  2  4 industry, labor organizations, the council on human
  2  5 investment, the department of education, and the department of
  2  6 workforce development, and educational institutions to
  2  7 determine the job employee training needs of Iowa employers,
  2  8 and where possible, provide for the development of industry-
  2  9 specific training programs.
  2 10    (2)  Promote Iowa job employee training programs to
  2 11 potential and existing Iowa employers and to employer
  2 12 associations.
  2 13    (3)  Develop annual goals and objectives which will
  2 14 identify both short-term and long-term methods to improve
  2 15 program performance, create employment opportunities for
  2 16 residents, and enhance the delivery of services.
  2 17    (4)  Develop job training and technical assistance programs
  2 18 which will promote entrepreneurial activities, assist small
  2 19 businesses, and help generate off-farm employment
  2 20 opportunities for persons engaged in farming.  Stimulate the
  2 21 creation of innovative employee training and skills
  2 22 development activities, including business consortium and
  2 23 supplier network training programs, and new employee
  2 24 development training models.
  2 25    (5)  Coordinate job employee training activities with other
  2 26 economic development finance programs to stimulate job growth.
  2 27    (6)  Develop policies and plans under the youth program
  2 28 provisions of appropriate programs which will emphasize
  2 29 employing Iowa youth on projects designed to improve Iowa
  2 30 parks and recreation areas, restore historical sites, and
  2 31 promote tourism.  The department shall coordinate its youth
  2 32 program efforts with representatives of educational
  2 33 institutions to promote the understanding by youth of career
  2 34 opportunities in business and industry.  Review workforce
  2 35 development initiatives as they relate to the state's economic
  3  1 development agenda, recommending action as necessary to meet
  3  2 the needs of Iowa's communities and businesses.
  3  3    (7)  Incorporate workforce development as a component of
  3  4 community-based economic development activities.
  3  5    c.  To the extent feasible, develop from available state
  3  6 and federal job training program resources an entrepreneurship
  3  7 training program to help encourage the promotion of small
  3  8 businesses within the state.  The department of education and
  3  9 the state board of regents shall cooperate with the department
  3 10 on this program.  The entrepreneurship training program shall
  3 11 coordinate its activities with other financial and technical
  3 12 assistance efforts within the department.
  3 13    d.  Administer the Iowa "self-employment loan program"
  3 14 under section 15.241.
  3 15    e.  To the extent feasible, provide assistance to the
  3 16 department of human services in obtaining a waiver to provide
  3 17 self-employment opportunities to recipients of assistance
  3 18 under the family investment program.
  3 19    f.  Provide assistance to workers seeking economic
  3 20 conversion of closed or economically distressed plants located
  3 21 in the state including, but not limited to, the following:
  3 22    (1)  Evaluating the feasibility and economic viability of
  3 23 proposed employee-owned businesses.
  3 24    (2)  Working with the small business development centers to
  3 25 provide technical assistance and counseling services
  3 26 including, but not limited to, legal, tax, management,
  3 27 marketing, labor, and contract assistance to persons who seek
  3 28 to form employee-owned businesses.
  3 29    (3)  Assisting persons in obtaining financing for the
  3 30 purchase and operation of employee-owned businesses.
  3 31    Sec. 2.  Section 15.108, subsection 7, Code 1995, is
  3 32 amended by adding the following new paragraph:
  3 33    NEW PARAGRAPH.  k.  Administer the Iowa "self-employment
  3 34 loan program" under section 15.241.
  3 35    Sec. 3.  Section 15.108, subsection 9, paragraph a, Code
  4  1 1995, is amended to read as follows:
  4  2    a.  Collect and assemble, or cause to have collected and
  4  3 assembled, all pertinent information available regarding the
  4  4 industrial, agricultural, and public and private recreation
  4  5 and tourism opportunities and possibilities of the state of
  4  6 Iowa, including raw materials and products that may be
  4  7 produced from them; power and water resources; transportation
  4  8 facilities; available markets; the availability of labor; the
  4  9 banking and financing facilities; the availability of
  4 10 industrial sites; the advantages of the state as a whole, and
  4 11 the particular sections of the state, as industrial locations;
  4 12 the development of a grain alcohol motor fuel industry and its
  4 13 related products; and other fields of research and study as
  4 14 the board deems necessary.  This information, as far as
  4 15 possible, shall consider both the encouragement of new
  4 16 industrial enterprises in the state and the expansion of
  4 17 industries now existing within the state, and allied fields to
  4 18 those industries.  The information shall also consider the
  4 19 changing composition of the Iowa family, and the level of
  4 20 poverty among different age groups and different family
  4 21 structures in Iowa society, and the changing composition of
  4 22 the Iowa work force and the their impact of those changes on
  4 23 Iowa families.
  4 24    Sec. 4.  Section 15.108, subsection 9, Code 1995, is
  4 25 amended by adding the following new paragraph:
  4 26    NEW PARAGRAPH.  f.  Provide technical assistance to
  4 27 individuals who are pursuing the purchase and operation of
  4 28 employee-owned businesses.
  4 29    Sec. 5.  Section 15.343, subsection 1, paragraph a, Code
  4 30 Supplement 1995, is amended to read as follows:
  4 31    a.  Notwithstanding section 8.33, all unencumbered and
  4 32 unobligated funds from 1994 Iowa Acts, chapter 1201, section
  4 33 1, subsection 6, except paragraph "d", section 3, subsections
  4 34 1 and 3, and section 10, remaining on July 1, 1995, and all
  4 35 unencumbered and unobligated funds in the Iowa conservation
  5  1 corps escrow account established in section 15.229 84A.4 and
  5  2 the job training fund established in section 260F.6.
  5  3    Sec. 6.  Section 15.343, subsection 2, paragraph a, Code
  5  4 Supplement 1995, is amended to read as follows:
  5  5    a.  The Iowa conservation corps created in sections 15.224
  5  6 through 15.230 section 84A.4.
  5  7    Sec. 7.  Section 15.343, subsection 2, paragraph e, Code
  5  8 Supplement 1995, is amended to read as follows:
  5  9    e.  For the workforce investment program under section
  5 10 15.348 84A.5.
  5 11    Sec. 8.  NEW SECTION.  72.1A  PRIVATIZATION CONTRACTS –
  5 12 WAGES AND BENEFITS.
  5 13    Officers empowered to expend, or direct the expenditure of,
  5 14 public moneys of the state shall not enter into any contract
  5 15 which contemplates an expenditure of moneys to transfer the
  5 16 performance of services provided by the state using state
  5 17 employees as of the end of the previous fiscal year to an
  5 18 independent contractor or employees other than state employees
  5 19 or to provide new state services using an independent
  5 20 contractor or employees other than state employees, unless the
  5 21 wages or their equivalents paid to the independent contractors
  5 22 or private employees performing the services are equal to or
  5 23 exceed the wages paid to state workers who were performing the
  5 24 services or to state workers performing comparable services
  5 25 and unless the benefits paid to the independent contractors or
  5 26 private employees are comparable to those paid state
  5 27 employees.
  5 28    Sec. 9.  Section 84A.1, Code 1995, is amended to read as
  5 29 follows:
  5 30    84A.1  DEPARTMENT OF EMPLOYMENT SERVICES WORKFORCE
  5 31 DEVELOPMENT – DIRECTOR – DIVISIONS.
  5 32    1.  The department of employment services workforce
  5 33 development is created to administer the laws of this state
  5 34 relating to unemployment compensation insurance, job placement
  5 35 and training, employment safety, labor standards, and workers'
  6  1 compensation.
  6  2    2.  The chief executive officer of the department is the
  6  3 director who shall be appointed by the governor, subject to
  6  4 confirmation by the senate under the confirmation procedures
  6  5 of section 2.32.  The director shall serve at the pleasure of
  6  6 the governor.  The director shall be subject to reconfirmation
  6  7 by the senate, under the confirmation procedures of section
  6  8 2.32, during the regular session of the general assembly
  6  9 convening in January if the director will complete the
  6 10 director's fourth year in office on or before the following
  6 11 April 30.  The governor shall set the salary of the director
  6 12 within the applicable salary range established by the general
  6 13 assembly.  The director shall be selected solely on the
  6 14 ability to administer the duties and functions granted to the
  6 15 director and the department and shall devote full time to the
  6 16 duties of the director.  If the office of director becomes
  6 17 vacant, the vacancy shall be filled in the same manner as the
  6 18 original appointment was made.
  6 19    The director of the department of employment services shall
  6 20 serve as job service commissioner and shall, subject to the
  6 21 requirements of section 84A.1B, prepare, administer, and
  6 22 control the budget of the department and its divisions and
  6 23 shall approve the employment of all personnel of the
  6 24 department and its divisions.  The director shall employ
  6 25 personnel as necessary to carry out the duties and
  6 26 responsibilities of the department, consistent with the merit
  6 27 system provisions of chapter 19A for employees other than
  6 28 professional and technical employees.  Professional and
  6 29 technical employees of the department are exempt from the
  6 30 merit system provisions of chapter 19A, except as otherwise
  6 31 required by federal law and regulation, and except for
  6 32 employees in the divisions of labor services and industrial
  6 33 services.
  6 34    The director shall direct the administrative and compliance
  6 35 functions and control the docket of the division of industrial
  7  1 services.
  7  2    3.  The department shall include the division of job
  7  3 service, the division of labor services, and the division of
  7  4 industrial services, and other divisions as appropriate.
  7  5    Sec. 10.  NEW SECTION.  84A.1A  WORKFORCE DEVELOPMENT
  7  6 BOARD.
  7  7    1.  An Iowa workforce development board is created,
  7  8 consisting of eight voting members appointed by the governor
  7  9 and seven ex officio nonvoting members.  The ex officio
  7 10 nonvoting members are four legislative members; one president
  7 11 or the president's designee of the university of northern
  7 12 Iowa, the university of Iowa, or Iowa state university of
  7 13 science and technology, designated by the state board of
  7 14 regents on a rotating basis; one representative from the
  7 15 largest statewide public employees' organization representing
  7 16 state employees; and one superintendent or the
  7 17 superintendent's designee of a community college, appointed by
  7 18 the Iowa association of community college presidents.  The
  7 19 legislative members are two state senators, one appointed by
  7 20 the president of the senate, after consultation with the
  7 21 majority leader of the senate, and one appointed by the
  7 22 minority leader of the senate, after consultation with the
  7 23 president of the senate, from their respective parties; and
  7 24 two state representatives, appointed by the speaker after
  7 25 consultation with the majority and minority leaders of the
  7 26 house of representatives from their respective parties.  Not
  7 27 more than five of the voting members shall be from the same
  7 28 political party and there shall be an equal number of
  7 29 representatives from business and labor.  The governor shall
  7 30 appoint the eight voting members of the board for a term of
  7 31 four years beginning and ending as provided by section 69.19,
  7 32 subject to confirmation by the senate, and the governor's
  7 33 appointments shall include persons knowledgeable of the
  7 34 various elements of the department's responsibilities.
  7 35    2.  A vacancy on the board shall be filled in the same
  8  1 manner as regular appointments are made for the unexpired
  8  2 portion of the regular term.
  8  3    3.  The board shall meet in May of each year for the
  8  4 purpose of electing one of its voting members as chairperson
  8  5 and one of its voting members as vice chairperson.  However,
  8  6 the chairperson and the vice chairperson shall not be from the
  8  7 same political party.  The board shall meet at the call of the
  8  8 chairperson or when any five members of the board file a
  8  9 written request with the chairperson for a meeting.  Written
  8 10 notice of the time and place of each meeting shall be given to
  8 11 each member of the board.  A majority of the voting members
  8 12 constitutes a quorum.
  8 13    4.  Members of the board, the director, and other employees
  8 14 of the department shall be allowed their actual and necessary
  8 15 expenses incurred in the performance of their duties.  All
  8 16 expenses shall be paid from appropriations for those purposes
  8 17 and the department is subject to the budget requirements of
  8 18 chapter 8.  Each member of the board may also be eligible to
  8 19 receive compensation as provided in section 7E.6.
  8 20    5.  If a member of the board has an interest, either direct
  8 21 or indirect, in a contract to which the department is or is to
  8 22 be a party, the interest shall be disclosed to the board in
  8 23 writing and shall be set forth in the minutes of a meeting of
  8 24 the board.  The member having the interest shall not
  8 25 participate in action by the board with respect to the
  8 26 contract.  This subsection does not limit the right of a
  8 27 member of the board to acquire an interest in bonds, or limit
  8 28 the right of a member to have an interest in a bank or other
  8 29 financial institution in which the funds of the department are
  8 30 deposited or which is acting as trustee or paying agent under
  8 31 a trust indenture to which the department is a party.
  8 32    Sec. 11.  NEW SECTION.  84A.1B  DUTIES OF THE WORKFORCE
  8 33 DEVELOPMENT BOARD.
  8 34    The workforce development board shall do all of the
  8 35 following:
  9  1    1.  Develop and coordinate the implementation of a twenty-
  9  2 year comprehensive workforce development plan of specific
  9  3 goals, objectives, and policies for the state.  This plan
  9  4 shall be updated annually and revised as necessary.  All other
  9  5 state agencies involved in workforce development activities
  9  6 and the regional advisory boards for workforce development
  9  7 shall annually submit to the board for its review and
  9  8 potential inclusion in the plan their goals, objectives, and
  9  9 policies.
  9 10    2.  Prepare a five-year strategic plan for state workforce
  9 11 development to implement the specific comprehensive goals,
  9 12 objectives, and policies of the state.  All other state
  9 13 agencies involved in workforce development activities and the
  9 14 regional advisory boards for workforce development shall
  9 15 annually submit to the board for its review and potential
  9 16 inclusion in the strategic plan their specific strategic plans
  9 17 and programs.  The five-year strategic plan for state
  9 18 workforce development shall be updated annually.
  9 19    3.  Develop a method of evaluation of the attainment of
  9 20 goals and objectives from pursuing the policies of the five-
  9 21 year and twenty-year plans.
  9 22    4.  Implement the requirements of chapter 73.
  9 23    5.  Approve the budget of the department as prepared by the
  9 24 director.
  9 25    6.  Establish guidelines, procedures, and policies for the
  9 26 awarding of grants or contracts administered by the
  9 27 department.
  9 28    7.  Review grants or contracts awarded by the department,
  9 29 with respect to the department's adherence to the guidelines
  9 30 and procedures and the impact on the five-year strategic plan
  9 31 for workforce development.
  9 32    8.  Make recommendations concerning the use of federal
  9 33 funds received by the department with respect to the five-year
  9 34 and twenty-year workforce development plans.
  9 35    9.  Adopt all necessary rules recommended by the director
 10  1 or administrators of divisions prior to their adoption
 10  2 pursuant to chapter 17A.
 10  3    Sec. 12.  NEW SECTION.  84A.1C  REGIONAL ADVISORY BOARDS.
 10  4    1.  A regional advisory board shall be established in each
 10  5 service delivery area as defined in section 84B.2.  The
 10  6 members of the board shall be appointed by the governor.  The
 10  7 membership of each board shall provide for equal
 10  8 representation of business and labor and shall include a
 10  9 county elected official, a city official, a superintendent of
 10 10 schools, and a representative of a community college.
 10 11    2.  Each regional advisory board shall identify workforce
 10 12 development needs in its region, assist the workforce
 10 13 development board and the department in the awarding of grants
 10 14 or contracts administered by the department in that region and
 10 15 in monitoring the performance of the grants and contracts
 10 16 awarded, make annual reports as required by section 84A.1B,
 10 17 and make recommendations to the workforce development board
 10 18 and department concerning workforce development.
 10 19    3.  Section 84A.1A, subsections 2 through 5, apply to the
 10 20 members of a regional advisory board except that the board
 10 21 shall meet if a majority of the members of the board, and not
 10 22 five, file a written request with the chairperson for a
 10 23 meeting.
 10 24    Sec. 13.  Section 84A.2, Code 1995, is amended to read as
 10 25 follows:
 10 26    84A.2  DEPARTMENT AND DIVISION DEPARTMENT'S PRIMARY
 10 27 RESPONSIBILITIES.
 10 28    The department of workforce development, in consultation
 10 29 with the workforce development board and the regional advisory
 10 30 boards, has the primary responsibilities set out in this
 10 31 section.
 10 32    1.  The department shall develop and implement a workforce
 10 33 development system which increases the skills of the Iowa
 10 34 workforce, fosters economic growth and the creation of new
 10 35 high skill and high wage jobs through job placement and
 11  1 training services, increases the competitiveness of Iowa
 11  2 businesses by promoting high performance workplaces, and
 11  3 encourages investment in workers.
 11  4    The workforce development system shall strive to provide
 11  5 high quality services to its customers including workers,
 11  6 families, and businesses.  The department shall maintain a
 11  7 common intake, assessment, and customer tracking system and to
 11  8 the extent practical provide one-stop services to customers at
 11  9 workforce development centers and other service access points.
 11 10    The system shall include an accountability system to
 11 11 measure program performance, identify accomplishments,
 11 12 evaluate programs to ensure goals and standards are met.  The
 11 13 accountability system shall use information obtained from the
 11 14 customer tracking system, the department of economic
 11 15 development, the department of education, and training
 11 16 providers to evaluate the effectiveness of programs
 11 17 administered by the department.  The accountability system
 11 18 shall evaluate all of the following:
 11 19    a.  The impact of services on wages earned by individuals.
 11 20    b.  The effectiveness of training services providers in
 11 21 raising the skills of the Iowa workforce.
 11 22    c.  The impact of placement and training services on Iowa's
 11 23 families, communities, and economy.
 11 24    The department shall make information from the customer
 11 25 tracking and accountability system available to the department
 11 26 of economic development, the department of education, and
 11 27 other appropriate public agencies for the purpose of assisting
 11 28 with the evaluation of programs administered by those
 11 29 departments and agencies and for planning and researching
 11 30 public policies relating to education and economic
 11 31 development.
 11 32    1. 2.  The division of job service department is
 11 33 responsible for the administration of unemployment
 11 34 compensation benefits and for the collection of employer
 11 35 contributions under chapter 96,.  The division is responsible
 12  1 for the administration of providing for the delivery of free
 12  2 public employment offices services established pursuant to
 12  3 chapter 96, other job placement and training programs
 12  4 established pursuant to section 84A.3, and the administration
 12  5 of the offices of the division delivery of services located
 12  6 throughout the state and for the personnel attached to those
 12  7 offices.  The executive head of the division is the job
 12  8 service commissioner, appointed pursuant to section 96.10.
 12  9    2. 3.  The division of labor services is responsible for
 12 10 the administration of the laws of this state relating to
 12 11 occupational health and safety, the inspection of amusement
 12 12 rides, the removal and encapsulation of asbestos, the
 12 13 inspection of boilers, wage payment collection, registration
 12 14 of construction contractors, the minimum wage, non-English
 12 15 speaking employees, child labor, employment agency licensing,
 12 16 boxing and wrestling, inspection of elevators, and hazardous
 12 17 chemical risks under chapters 88, 88A, 88B, 89, 89A, 89B, 90A,
 12 18 91, 91A, 91C, 91D, 91E, 92, 94, and 95.  The executive head of
 12 19 the division is the labor commissioner, appointed pursuant to
 12 20 section 91.2.
 12 21    3. 4.  The division of industrial services is responsible
 12 22 for the administration of the laws of this state relating to
 12 23 workers' compensation under chapters 85, 85A, 85B, 86, and 87.
 12 24 The executive head of the division is the industrial
 12 25 commissioner, appointed pursuant to section 86.1.
 12 26    4. 5.  The director shall form a coordinating committee
 12 27 composed of the job service commissioner director, the labor
 12 28 commissioner, and the industrial commissioner, and other
 12 29 administrators.  The committee shall monitor federal
 12 30 compliance issues relating to coordination of functions among
 12 31 the divisions.
 12 32    6.  The department shall administer the following programs:
 12 33    a.  The Iowa conservation corps established under section
 12 34 84A.4.
 12 35    b.  The workforce investment program established under
 13  1 section 84A.5.
 13  2    c.  The statewide mentoring program established under
 13  3 section 84A.6.
 13  4    d.  The workforce development centers established under
 13  5 chapter 84B.
 13  6    e.  Job training partnership programs under chapter 7B.
 13  7    7.  The department shall work with the department of
 13  8 economic development to incorporate workforce development as a
 13  9 component of community-based economic development.
 13 10    Sec. 14.  Section 84A.3, Code 1995, is amended to read as
 13 11 follows:
 13 12    84A.3  JOB PLACEMENT AND TRAINING PROGRAMS.
 13 13    1.  The job service commissioner, in coordination with the
 13 14 department of economic development, may provide, with or
 13 15 without reimbursement, intake, client eligibility, and a
 13 16 significant portion of job placement services to individuals
 13 17 participating in the job training partnership program
 13 18 established under chapter 7B.  The department of employment
 13 19 services workforce development, in consultation with the
 13 20 workforce development board and the regional advisory boards,
 13 21 the department of education, and the department of economic
 13 22 development shall work together to develop policies
 13 23 encouraging coordination between job training skill
 13 24 development, labor exchange, and economic development
 13 25 activities.
 13 26    2.  The job service commissioner, in cooperation with the
 13 27 department of elder affairs, shall establish an experimental
 13 28 retired Iowan employment program.  The program shall encourage
 13 29 and promote the meaningful employment of retired citizens of
 13 30 the state.
 13 31    2.  The director, in cooperation with the department of
 13 32 human services, shall provide job placement and training to
 13 33 persons referred by the department of human services under the
 13 34 PROMISE JOBS program established pursuant to chapter 249C and
 13 35 the food stamp employment and training program.
 14  1    3.  The job service commissioner director, in cooperation
 14  2 with the department of human rights and the vocational
 14  3 rehabilitation division of the department of education, shall
 14  4 establish a program to provide job placement and training to
 14  5 persons with disabilities.
 14  6    Sec. 15.  NEW SECTION.  84A.4  IOWA CONSERVATION CORPS.
 14  7    1.  DEFINITIONS.  As used in this section, unless the
 14  8 context otherwise requires:
 14  9    a.  "Account" means the Iowa conservation corps account.
 14 10    b.  "Corps" means the Iowa conservation corps.
 14 11    2.  IOWA CONSERVATION CORPS ESTABLISHED.  The Iowa
 14 12 conservation corps is established in this state to provide
 14 13 meaningful and productive public service jobs for the youth,
 14 14 the unemployed, the disabled, the disadvantaged, and the
 14 15 elderly, and to provide participants with an opportunity to
 14 16 explore careers, gain work experience, and contribute to the
 14 17 general welfare of their communities and the state.  The corps
 14 18 shall provide opportunities in the areas of natural resource
 14 19 and wildlife conservation, park maintenance and restoration,
 14 20 land management, energy savings, community improvement
 14 21 projects, tourism, economic development, and work benefiting
 14 22 human services programs.  The department of workforce
 14 23 development shall administer the corps and shall adopt rules
 14 24 governing its operation, eligibility for participation, cash
 14 25 contributions, and implementation of an incentive program.
 14 26    3.  FUNDING.  Corps projects shall be funded by
 14 27 appropriations to the Iowa conservation corps account and by
 14 28 cash, services, and material contributions made by other state
 14 29 agencies or local public and private agencies.  Public and
 14 30 private entities who benefit from a corps project shall
 14 31 contribute at least thirty-five percent of the total project
 14 32 budget.  The contributions may be in the form of cash,
 14 33 materials, or services.  Materials and services shall be
 14 34 intended for the project and acceptable to the department.
 14 35 Minimum levels of contributions shall be prescribed in rules
 15  1 adopted by the department.
 15  2    4.  ACCOUNT CREATED.  The Iowa conservation corps account
 15  3 is established within and administered by the department.  The
 15  4 account shall include all appropriations made to programs
 15  5 administered by the corps, and may also include moneys
 15  6 contributed by a private individual or organization, or a
 15  7 public entity for the purpose of implementing corps programs
 15  8 and projects.  The department may establish an escrow account
 15  9 within the department and obligate moneys within that escrow
 15 10 account for tuition payments to be made beyond the term of any
 15 11 fiscal year.  Interest earned on moneys in the Iowa
 15 12 conservation corps account shall be credited to the account.
 15 13    Sec. 16.  NEW SECTION.  84A.5  WORKFORCE INVESTMENT
 15 14 PROGRAM.
 15 15    A workforce investment program is established to enable
 15 16 more Iowans to enter or reenter the workforce.  The workforce
 15 17 investment program shall provide training and support services
 15 18 to population groups that have historically faced barriers to
 15 19 employment.  The department of workforce development shall
 15 20 administer the workforce investment program and shall adopt
 15 21 rules governing its operation and eligibility guidelines for
 15 22 participation.
 15 23    Sec. 17.  NEW SECTION.  84A.6  STATEWIDE MENTORING PROGRAM.
 15 24    A statewide mentoring program is established to recruit,
 15 25 screen, train, and match individuals in a mentoring
 15 26 relationship.  The department of workforce development shall
 15 27 administer the program in collaboration with the departments
 15 28 of human services, education, and human rights.  The
 15 29 availability of the program is subject to the funding
 15 30 appropriated for the purposes of the program.
 15 31    Sec. 18.  Section 84B.1, unnumbered paragraph 1, Code 1995,
 15 32 is amended to read as follows:
 15 33    The departments department of employment services and
 15 34 economic workforce development, in consultation with the
 15 35 departments of economic development, education, elder affairs,
 16  1 human services, and human rights, and the department for the
 16  2 blind, shall establish guidelines for colocating state and
 16  3 federal employment and training programs in centers providing
 16  4 services at the local level.  The centers shall be known as
 16  5 workforce development centers.  The departments shall also
 16  6 jointly establish an integrated management information system
 16  7 for linking the programs within a local center to the same
 16  8 programs within other local centers and to the state.  The
 16  9 guidelines shall provide for local design and operation within
 16 10 the guidelines.  The core services available at a center shall
 16 11 include but are not limited to all of the following:
 16 12    Sec. 19.  NEW SECTION.  84B.2  WORKFORCE DEVELOPMENT
 16 13 CENTERS – LOCATION.
 16 14    A workforce development center, as provided in section
 16 15 84B.1, shall be located in each service delivery area.  Each
 16 16 workforce development center shall also maintain a presence,
 16 17 through satellite offices or electronic means, in each county
 16 18 located within that service delivery area.  For purposes of
 16 19 this section, "service delivery area" means the area included
 16 20 within a merged area, as defined in section 260C.2, realigned
 16 21 to the closest county border as determined by the department
 16 22 of workforce development.
 16 23    Sec. 20.  Section 96.12, subsection 1, Code 1995, is
 16 24 amended to read as follows:
 16 25    1.  DUTIES OF DIVISION DEPARTMENT.  The division of job
 16 26 service department shall establish and maintain free public
 16 27 employment offices in such number and in such places as may be
 16 28 necessary for the proper administration of this chapter
 16 29 services accessible to all Iowans for the purposes of this
 16 30 chapter, and for the purpose of performing such the duties as
 16 31 are within the purview of the Act of Congress entitled "An Act
 16 32 to provide for the establishment of a national employment
 16 33 system and for co-operation with the states in the promotion
 16 34 of such system, and for other purposes", approved June 6,
 16 35 1933, as amended, and known as required by federal and state
 17  1 laws relating to employment and training including the Wagner-
 17  2 Peyser Act, [48 Stat. L. 113;, 29 U.S.C. } 49].  All duties
 17  3 and powers conferred upon any other department, agency, or
 17  4 officer of this state relating to the establishment,
 17  5 maintenance, and operation of free employment offices services
 17  6 shall be vested in the division department.  The This state
 17  7 accepts and shall comply with the provisions of the said
 17  8 Wagner-Peyser Act of Congress, as amended, are hereby accepted
 17  9 by this state, in conformity with section 4 of said Act, and
 17 10 this state will observe and comply with the requirements
 17 11 thereof.  The division department is designated and
 17 12 constituted the agency of this state for the purpose of said
 17 13 the Wagner-Peyser Act.  The division department may co-operate
 17 14 with the railroad retirement board with respect to the
 17 15 establishment, maintenance, and use of employment service
 17 16 department facilities.  The railroad retirement board shall
 17 17 compensate the division department for such the services or
 17 18 facilities in the amount determined by the division department
 17 19 to be fair and reasonable.
 17 20    Sec. 21.  Section 96.19, subsection 7, Code Supplement
 17 21 1995, is amended by striking the subsection.
 17 22    Sec. 22.  Section 96.19, Code Supplement 1995, is amended
 17 23 by adding the following new subsection:
 17 24    NEW SUBSECTION.  11A.  "Director" means the director of the
 17 25 department of workforce development created in section 84A.1.
 17 26    Sec. 23.  Section 96.19, subsection 12, Code Supplement
 17 27 1995, is amended by striking the subsection.
 17 28    Sec. 24.  AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVE TO
 17 29 CODE EDITOR.
 17 30    1.  Sections 7B.2, 7B.5, 7E.5, 8.36, 11.5B, 13.7, 15.108,
 17 31 15.241, 15E.111, 30.2, 30.5, 30.7, 68B.2, 85.31, 85.34, 85.37,
 17 32 85.59, 86.8, 86.9, 88.2, 88A.1, 88B.1, 89A.1, 89B.3, 91.1,
 17 33 91.4, 91C.2, 91C.7, 91C.8, 91E.1, 91E.2, 92.11, 92.12, 231.51,
 17 34 231.52, 231.53, 239A.1, 239A.2, 239A.3, 241.3, 249C.3,
 17 35 249C.14, 252B.7A, 252G.2, 260F.3, 260F.7, 626.29, and 912.3,
 18  1 Code 1995, are amended by striking from the sections the words
 18  2 "department of employment services" and inserting in lieu
 18  3 thereof the words "department of workforce development".
 18  4    2.  Sections 96.3, 96.19, 225C.4, 256.38, 256.39, 279.51,
 18  5 331.602, 331.653, 331.756, and 422.7, Code Supplement 1995,
 18  6 are amended by striking from the sections the words "depart-
 18  7 ment of employment services" and inserting in lieu thereof the
 18  8 words "department of workforce development".
 18  9    3.  Sections 96.4, 96.9, 96.11, and 96.14, Code 1995, are
 18 10 amended by striking from the sections the word "commissioner"
 18 11 and inserting in lieu thereof the word "director".
 18 12    4.  Sections 96.3 and 96.6, Code Supplement 1995, are
 18 13 amended by striking from the sections the word "commissioner"
 18 14 and inserting in lieu thereof the word "director".
 18 15    5.  The Code editor is directed to substitute the words
 18 16 "department of workforce development" for the words
 18 17 "department of employment services" when there appears to be
 18 18 no doubt as to the intent to refer to the department of
 18 19 employment services.
 18 20    6.  The Code editor is directed to substitute the words
 18 21 "director of the department of workforce development" for the
 18 22 words "job service commissioner" elsewhere in the Code.
 18 23    7.  The Code editor is directed to substitute the word
 18 24 "department" for the word "division" or "division of job
 18 25 service" or "division of job service of the department of
 18 26 employment services", in chapter 96, when there appears to be
 18 27 no doubt as to the intent, to refer to the "division of job
 18 28 service".
 18 29    8.  The Code editor is directed to substitute the words
 18 30 "department of workforce development" for the words "division
 18 31 of job service", or "division of job service of the department
 18 32 of employment services", except for chapter 96, elsewhere in
 18 33 the Code.
 18 34    Sec. 25.  The director of the department of workforce
 18 35 development shall, in cooperation with the department of
 19  1 personnel, make recommendations to the department of personnel
 19  2 concerning the development and implementation of a new
 19  3 position classification plan for the department.  The position
 19  4 classification plan shall reflect the expanded
 19  5 responsibilities of the department, facilitate the integration
 19  6 of job training and job placement programs, foster a
 19  7 professional, innovative, and high performance working
 19  8 environment, and provide flexibility in designing and
 19  9 implementing local and regional workforce development delivery
 19 10 systems.
 19 11    The new position classification plan shall be adopted by
 19 12 the department of personnel and implemented by the department
 19 13 of workforce development not later than January 1, 1997.
 19 14 Employees of the department of employment services and
 19 15 employees who were assigned to the department of economic
 19 16 development prior to July 1, 1996, shall have an equal
 19 17 opportunity to apply for the positions established in the new
 19 18 position classification plan.
 19 19    The department of personnel shall assist the department of
 19 20 workforce development with the implementation of this section.
 19 21    In designing the local, regional, and state service
 19 22 delivery system for Iowa, the director of the department of
 19 23 workforce development shall minimize administrative costs,
 19 24 encourage federal, state, and local government collaboration,
 19 25 maximize the use of public and private resources, and provide
 19 26 opportunities to respond to locally determined needs and
 19 27 priorities while ensuring equal access to core or common
 19 28 employment and training services, as defined by federal law
 19 29 and regulation.
 19 30    Sec. 26.  Any personnel who are mandatorily transferred due
 19 31 to the effect of this Act shall be so transferred without any
 19 32 loss in salary, benefits, or accrued years of service.
 19 33    Sec. 27.  REPEALS.
 19 34    1.  Sections 15.224 through 15.230, section 96.10, and
 19 35 section 239.22, Code 1995, are repealed.
 20  1    2.  Sections 15.347 and 15.348, Code Supplement 1995, are
 20  2 repealed.  
 20  3                           EXPLANATION
 20  4    This bill creates the department of workforce development.
 20  5 This new department replaces the current department of
 20  6 employment services.  In addition, the bill transfers certain
 20  7 responsibilities from the department of economic development
 20  8 to the new department of workforce development.  The bill also
 20  9 provides that the merit system provisions of chapter 19A do
 20 10 not apply to professional and technical employees of the new
 20 11 department unless otherwise required by federal law or if the
 20 12 employees are in the division of labor services or the
 20 13 division of industrial services.  The bill also provides that
 20 14 a new position classification plan be adopted for the new
 20 15 department.  In addition, the bill eliminates the division of
 20 16 job service and job service commissioner with the director of
 20 17 the department of workforce development and the new department
 20 18 being given these duties.
 20 19    The bill provides that the department of economic
 20 20 development is responsible for incorporating workforce
 20 21 development as a component of community-based economic
 20 22 development planning activities and for reviewing workforce
 20 23 development as it relates to the state's economic development
 20 24 agenda.
 20 25    The bill provides that the new department of workforce
 20 26 development undertake several additional duties previously
 20 27 administered by other departments.  The new department is
 20 28 responsible for developing a job training delivery system,
 20 29 managing job training program reporting, and administering the
 20 30 Iowa conservation corps, workforce development centers, the
 20 31 workforce investment program, and the statewide mentoring
 20 32 program.
 20 33    This bill provides that a contract for the privatization of
 20 34 state services require that the wages paid the independent
 20 35 contractors or private employees be at or above those paid to
 21  1 state employees performing the same or comparable work and
 21  2 that the independent contractors or private employees receive
 21  3 benefits comparable to those received by state employees.
 21  4    The bill establishes a workforce development board,
 21  5 consisting of eight voting members with equal representation
 21  6 of business and labor members, and seven ex officio members.
 21  7 The board is directed to develop 20-year and five-year
 21  8 comprehensive workforce development plans.  The board shall
 21  9 also approve the budget of the new department of workforce
 21 10 development, establish guidelines and review procedures
 21 11 concerning the awarding and monitoring of grants and contracts
 21 12 awarded by the department, and adopt administrative rules for
 21 13 the department.
 21 14    The bill also establishes regional advisory boards within
 21 15 each community college district extended to the county
 21 16 borders.  The regional boards shall provide for equal
 21 17 representation of business and labor and include certain
 21 18 county, city, and school officials.  The regional boards are
 21 19 established to provide advice concerning workforce development
 21 20 issues to the workforce development board and the department
 21 21 and to monitor the performance of grants awarded in the
 21 22 region.
 21 23    The bill also requires the location of a workforce
 21 24 development center within each merged area as defined in
 21 25 section 260C.2, realigned to the closest county border by the
 21 26 new department, and to provide a presence, through satellite
 21 27 offices or electronic means, in each county within the merged
 21 28 area.  
 21 29 LSB 4399SC 76
 21 30 ec/cf/24

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