Senate
File
2353
-
Introduced
SENATE
FILE
2353
BY
COMMITTEE
ON
LABOR
AND
BUSINESS
RELATIONS
(SUCCESSOR
TO
SSB
3189)
A
BILL
FOR
An
Act
relating
to
the
membership
and
duties
of
the
state
1
and
local
workforce
development
boards
and
related
2
responsibilities
of
the
department
of
workforce
development
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
84A.1A,
subsection
5,
Code
2018,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
5.
A
member
of
the
workforce
development
board
shall
not
do
4
any
of
the
following:
5
a.
Vote
on
a
matter
under
consideration
by
the
board
that
6
concerns
the
provision
of
services
by
the
member
or
by
an
7
entity
that
the
member
represents.
8
b.
Vote
on
a
matter
under
consideration
by
the
board
that
9
would
provide
direct
financial
benefit
to
the
member
or
the
10
immediate
family
of
the
member.
11
c.
Engage
in
any
other
activity
determined
by
the
governor
12
to
constitute
a
conflict
of
interest
as
specified
in
the
state
13
workforce
development
plan.
14
Sec.
2.
Section
84A.1A,
Code
2018,
is
amended
by
adding
the
15
following
new
subsections:
16
NEW
SUBSECTION
.
7.
In
addition
to
meeting
the
requirements
17
of
chapter
22,
the
workforce
development
board
shall
make
18
available
to
the
public,
on
a
regular
basis
through
electronic
19
means
and,
if
applicable,
through
open
meetings
in
accordance
20
with
chapter
21,
information
regarding
the
activities
of
the
21
board,
including
all
of
the
following:
22
a.
Information
regarding
the
state
workforce
development
23
plan,
as
required
under
the
federal
Workforce
Innovation
and
24
Opportunity
Act,
Pub.
L.
No.
113-128,
prior
to
submission
of
25
the
state
workforce
development
plan
or
modification
of
the
26
plan.
27
b.
Information
regarding
the
membership
of
the
board.
28
c.
The
bylaws
of
the
board.
29
NEW
SUBSECTION
.
8.
Sections
69.16
and
69.16A
shall
apply
30
only
to
those
members
of
the
board
appointed
by
the
governor
31
pursuant
to
subsection
1,
paragraph
“a”
,
subparagraph
(8).
32
Sec.
3.
Section
84A.1B,
subsection
1,
Code
2018,
is
amended
33
to
read
as
follows:
34
1.
Develop
and
coordinate
the
implementation
of
a
four-year
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comprehensive
state
workforce
development
plan
of
specific
1
needs,
goals,
strategies,
and
policies
for
the
state.
This
2
plan
shall
be
updated
every
two
years
and
revised
as
necessary.
3
All
other
state
agencies
involved
in
workforce
development
4
activities
and
the
local
workforce
development
boards
shall
5
submit
to
the
board
for
its
review
and
potential
inclusion
in
6
the
plan
their
needs,
goals,
strategies,
and
policies.
7
Sec.
4.
NEW
SECTION
.
84A.2
Definitions.
8
For
purposes
of
this
chapter:
9
1.
“Chief
elected
official”
means
any
of
the
following:
10
a.
The
chief
elected
executive
officer
of
a
unit
of
general
11
local
government
in
a
local
workforce
development
area.
12
b.
If
a
local
workforce
development
area
includes
more
13
than
one
unit
of
general
local
government,
the
individuals
14
designated
under
the
agreement
described
in
section
84A.4,
15
subsection
2,
paragraph
“h”
,
subparagraph
(2).
16
2.
“Community-based
organization”
means
a
private
nonprofit
17
organization,
which
may
include
a
faith-based
organization,
18
that
is
representative
of
a
community
or
a
significant
19
segment
of
a
community
and
that
has
demonstrated
expertise
and
20
effectiveness
in
the
field
of
workforce
development.
21
3.
“Competitive
integrated
employment”
means
work
that
22
is
performed
on
a
full-time
or
part-time
basis,
including
23
self-employment,
to
which
all
of
the
following
apply:
24
a.
All
of
the
following
apply
to
the
individual
performing
25
the
work:
26
(1)
The
individual
is
compensated
at
a
rate
in
accordance
27
with
all
of
the
following:
28
(a)
If
the
individual
is
not
self-employed,
all
of
the
29
following
apply:
30
(i)
The
rate
of
compensation
shall
not
be
less
than
the
31
higher
of
the
applicable
federal
or
state
minimum
wage.
32
(ii)
The
rate
of
compensation
shall
not
be
less
than
the
33
customary
rate
paid
by
the
employer
for
the
same
or
similar
34
work
performed
by
other
employees
who
are
not
individuals
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with
disabilities,
and
who
are
similarly
situated
in
similar
1
occupations
by
the
same
employer
and
who
have
similar
training,
2
experience,
and
skills.
3
(b)
If
the
individual
is
self-employed,
the
rate
of
4
compensation
yields
an
income
that
is
comparable
to
the
income
5
received
by
other
individuals
who
are
not
individuals
with
6
disabilities,
and
who
are
self-employed
in
similar
occupations
7
or
on
similar
tasks
and
who
have
similar
training,
experience,
8
and
skills.
9
(2)
The
individual
is
eligible
for
the
level
of
benefits
10
provided
to
other
employees.
11
b.
The
work
is
at
a
location
where
the
individual
interacts
12
with
other
persons
who
are
not
individuals
with
disabilities,
13
not
including
supervisory
personnel
or
individuals
who
are
14
providing
services
to
such
individual,
to
the
same
extent
that
15
individuals
who
are
not
individuals
with
disabilities
and
who
16
are
in
comparable
positions
interact
with
other
persons.
17
c.
The
work,
as
appropriate,
presents
opportunities
for
18
advancement
that
are
similar
to
those
for
other
employees
who
19
are
not
individuals
with
disabilities
and
who
have
similar
20
positions.
21
4.
“Cooperative
agreement”
means
an
agreement
entered
into
22
by
a
state-designated
agency
or
state-designated
unit
under
23
section
101(a)(11)(A)
of
the
federal
Rehabilitation
Act
of
24
1973.
25
5.
“Core
program”
means
a
program
authorized
under
any
of
26
the
following:
27
a.
Chapters
2
and
3
of
subtitle
B
of
Tit.
I
of
the
federal
28
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
29
relating
to
youth
workforce
investment
activities
and
adult
and
30
dislocated
worker
employment
and
training
activities.
31
b.
Tit.
II
of
the
federal
Workforce
Innovation
and
32
Opportunity
Act,
Pub.
L.
No.
113-128,
relating
to
adult
33
education
and
literacy
activities.
34
c.
Sections
1
to
13
of
the
federal
Wagner-Peyser
Act,
as
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codified
at
29
U.S.C.
§49
et
seq.,
relating
to
employment
1
services.
2
d.
Tit.
I
of
the
federal
Rehabilitation
Act
of
1973,
as
3
codified
at
29
U.S.C.
§720
et
seq.,
relating
to
vocational
4
rehabilitation
services,
excluding
29
U.S.C.
§732
and
741.
5
6.
a.
“Demonstrated
experience
and
expertise”
,
for
purposes
6
of
the
state
workforce
development
board,
means
the
expertise
7
had
by
an
individual
with
documented
leadership
in
developing
8
or
implementing
workforce
development,
human
resources,
9
training
and
development,
or
a
core
program
function.
10
“Demonstrated
experience
and
expertise”
may
include
individuals
11
with
experience
in
education
or
training
of
individuals
with
a
12
barrier
to
employment.
13
b.
“Demonstrated
experience
and
expertise”
,
for
purposes
of
14
a
local
workforce
development
board,
means
the
expertise
had
by
15
an
individual
to
whom
any
of
the
following
apply:
16
(1)
The
individual
is
a
workplace
learning
advisor.
17
(2)
The
individual
contributes
to
the
field
of
workforce
18
development,
human
resources,
training
and
development,
or
a
19
core
program
function.
20
(3)
The
individual
has
been
recognized
by
the
local
21
workforce
development
board
for
valuable
contributions
in
22
education
or
workforce
development-related
fields.
23
7.
“Economic
development
agency”
includes
a
local
workforce
24
development
planning
or
zoning
commission
or
board,
a
community
25
development
agency,
or
another
local
agency
or
institution
26
responsible
for
regulating,
promoting,
or
assisting
in
local
27
economic
development.
28
8.
“Eligible
youth”
means
an
in-school
or
out-of-school
29
youth,
except
as
provided
in
subtitles
C
and
D
of
Tit.
I
of
the
30
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
31
113-128.
32
9.
a.
“In-demand
industry
sector
or
occupation”
means
any
33
of
the
following:
34
(1)
An
industry
sector
that
has
a
substantial
current
or
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potential
impact,
including
through
jobs
that
lead
to
economic
1
self-sufficiency
and
opportunities
for
advancement,
on
the
2
state,
regional,
or
local
economy,
as
appropriate,
and
that
3
contributes
to
the
growth
or
stability
of
other
supporting
4
businesses,
or
the
growth
of
other
industry
sectors.
5
(2)
An
occupation
that
currently
has
or
is
projected
to
6
have
a
number
of
positions,
including
positions
that
lead
to
7
economic
self-sufficiency
and
opportunities
for
advancement,
8
in
an
industry
sector
so
as
to
have
a
significant
impact
on
the
9
state,
regional,
or
local
economy,
as
appropriate.
10
b.
The
determination
of
whether
an
industry
sector
or
11
occupation
is
an
“in-demand
industry
sector
or
occupation”
shall
12
be
made
by
the
state
workforce
development
board
or
local
13
workforce
development
board,
as
appropriate,
using
state
and
14
regional
business
and
labor
market
projections,
including
the
15
use
of
labor
market
information.
16
10.
“Individual
with
a
barrier
to
employment”
means
a
member
17
of
one
or
more
of
the
following
populations:
18
a.
Displaced
homemakers.
19
b.
Low-income
individuals.
20
c.
Indians,
Alaska
Natives,
and
Native
Hawaiians,
as
such
21
terms
are
defined
in
the
federal
Workforce
Innovation
and
22
Opportunity
Act,
Pub.
L.
No.
113-128,
§166.
23
d.
Individuals
with
disabilities,
including
youth
who
are
24
individuals
with
disabilities.
25
e.
Individuals
fifty-five
years
of
age
or
older.
26
f.
Ex-offenders.
27
g.
Homeless
individuals
as
defined
in
34
U.S.C.
§12473,
28
or
homeless
children
and
youths
as
defined
in
34
U.S.C.
29
§11434a(2).
30
h.
Youth
who
are
in
or
have
aged
out
of
the
foster
care
31
system.
32
i.
Individuals
who
are
English
language
learners,
33
individuals
who
have
low
levels
of
literacy,
and
individuals
34
facing
substantial
cultural
barriers.
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j.
Eligible
migrant
and
seasonal
farmworkers,
as
defined
in
1
the
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
2
No.
113-128,
§167(i).
3
k.
Individuals
within
two
years
of
exhausting
lifetime
4
eligibility
under
part
A
of
Tit.
IV
of
the
Social
Security
Act,
5
as
codified
in
42
U.S.C.
§601
et
seq.
6
l.
Single
parents
and
single
pregnant
women.
7
m.
Long-term
unemployed
individuals.
8
n.
Such
other
groups
as
the
governor
determines
to
have
a
9
barrier
to
employment.
10
11.
“Individual
with
a
disability”
means
an
individual
with
11
a
disability
as
defined
in
42
U.S.C.
§12102.
“Individuals
with
12
disabilities”
means
more
than
one
individual
with
a
disability.
13
12.
a.
“Industry
or
sector
partnership”
means
a
workforce
14
collaborative,
convened
by
or
acting
in
partnership
with
15
the
state
workforce
development
board
or
a
local
workforce
16
development
board,
that
organizes
key
stakeholders
in
an
17
industry
cluster
into
a
working
group
that
focuses
on
the
18
shared
goals
and
human
resources
needs
of
the
industry
cluster
19
and
that
includes,
at
the
appropriate
stage
of
development
of
20
the
partnership,
all
of
the
following:
21
(1)
Representatives
of
multiple
businesses
or
other
22
employers
in
the
industry
cluster,
including
small
and
23
medium-sized
employers
when
practicable.
24
(2)
One
or
more
representatives
of
a
recognized
state
25
labor
organization
or
central
labor
council,
or
another
labor
26
representative,
as
appropriate.
27
(3)
One
or
more
representatives
of
an
institution
of
higher
28
education
with,
or
another
provider
of,
education
or
training
29
programs
that
support
the
industry
cluster.
30
b.
“Industry
or
sector
partnership”
may
include
31
representatives
of
state
or
local
government,
state
or
32
local,
the
state
workforce
development
board,
local
workforce
33
development
boards,
the
department
of
workforce
development
or
34
another
entity
providing
employment
services,
state
or
local
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agencies,
business
or
trade
associations,
economic
development
1
organizations,
nonprofit
organizations,
community-based
2
organizations,
philanthropic
organizations,
industry
3
associations,
and
other
organizations,
as
determined
to
be
4
necessary
by
the
members
comprising
the
industry
or
sector
5
partnership.
6
13.
“In-school
youth”
means
youth
described
in
the
federal
7
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
8
§129(a)(1)(C).
9
14.
“Institution
of
higher
education”
means
the
same
as
10
defined
in
20
U.S.C.
§1001
and
1002(a)(1).
11
15.
“Offender”
means
any
of
the
following:
12
a.
An
adult
or
juvenile
who
is
or
has
been
subject
to
any
13
stage
of
the
criminal
or
juvenile
justice
process,
and
for
whom
14
workforce
services
may
be
beneficial.
15
b.
An
adult
or
juvenile
who
requires
assistance
overcoming
16
an
artificial
barrier
to
employment
resulting
from
a
record
of
17
arrest
or
conviction.
18
16.
“One-stop
center”
means
a
site
described
in
the
federal
19
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
20
§121(e)(2).
21
17.
“One-stop
operator”
means
one
or
more
entities
22
designated
or
certified
under
the
federal
Workforce
Innovation
23
and
Opportunity
Act,
Pub.
L.
No.
113-128,
§121(d).
24
18.
“Optimum
policymaking
authority”
means
the
authority
25
of
an
individual
who
can
reasonably
be
expected
to
speak
26
affirmatively
on
behalf
of
the
entity
the
individual
represents
27
and
to
commit
that
entity
to
a
chosen
course
of
action.
28
19.
“Out-of-school
youth”
means
a
youth
described
in
the
29
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
30
113-128,
§129(a)(1)(B).
31
20.
“Unit
of
general
local
government”
means
a
county
or
32
city.
33
21.
“Workforce
investment
activity”
means
an
employment
and
34
training
activity
or
a
youth
workforce
investment
activity.
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22.
“Workforce
learning
advisor”
means
an
individual
1
employed
by
an
organization
who
has
the
knowledge
and
skills
2
necessary
to
advise
other
employees
of
that
organization
3
about
the
education,
skill
development,
job
training,
career
4
counseling
services,
and
credentials,
including
services
5
provided
through
the
workforce
development
system,
required
6
to
progress
toward
career
goals
of
such
employees
in
order
to
7
meet
employer
requirements
related
to
job
openings
and
career
8
advancements
that
support
economic
self-sufficiency.
9
Sec.
5.
NEW
SECTION
.
84A.3
Local
workforce
development
10
plans.
11
1.
A
local
workforce
development
board
shall,
in
12
partnership
with
the
chief
elected
official,
develop
a
13
comprehensive
four-year
local
workforce
development
plan.
The
14
local
workforce
development
board
shall
submit
the
workforce
15
development
plan
to
the
department
of
workforce
development
in
16
the
manner
and
form
determined
by
the
department.
The
local
17
workforce
development
plan
shall
support
the
strategy
described
18
in
the
state
workforce
development
plan
in
accordance
with
the
19
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
20
113-128,
§102(b)(1)(E),
and
shall
otherwise
be
consistent
with
21
the
state
workforce
development
plan.
If
the
local
workforce
22
development
area
is
part
of
a
planning
region
as
defined
in
the
23
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
24
113-128,
§3(48),
the
local
workforce
development
board
shall
25
comply
with
the
federal
Workforce
Innovation
and
Opportunity
26
Act,
Pub.
L.
No.
113-128,
§106(c),
in
the
preparation
and
27
submission
of
a
regional
plan.
28
2.
At
the
end
of
the
first
two-year
period
of
the
local
29
workforce
development
plan,
a
local
workforce
development
board
30
shall
review
the
local
workforce
development
plan
and,
in
31
partnership
with
the
chief
elected
official,
prepare
and
submit
32
to
the
department
of
workforce
development
modifications
to
the
33
local
workforce
development
plan
to
reflect
changes
in
labor
34
market
and
economic
conditions
or
in
other
factors
affecting
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the
implementation
of
the
local
workforce
development
plan.
1
3.
The
local
workforce
development
plan
shall
include
the
2
contents
required
by
the
federal
Workforce
Innovation
and
3
Opportunity
Act,
Pub.
L.
No.
113-128,
§108(b),
and
such
other
4
information
as
the
department
of
workforce
development
or
the
5
state
workforce
development
board
may
require.
6
Sec.
6.
Section
84A.4,
Code
2018,
is
amended
by
striking
the
7
section
and
inserting
in
lieu
thereof
the
following:
8
84A.4
Local
workforce
development
boards.
9
1.
Establishment.
Except
as
provided
in
subsection
3,
10
paragraph
“a”
,
the
department
of
workforce
development
shall
11
establish
and
certify
a
local
workforce
development
board
in
12
each
local
workforce
development
area
of
the
state
to
carry
13
out
the
functions
described
in
subsection
4
and
any
functions
14
specified
for
the
local
workforce
development
board
under
the
15
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
16
113-128,
or
the
provisions
establishing
a
core
program
for
such
17
local
workforce
development
area.
18
2.
Membership.
19
a.
State
criteria.
The
governor,
in
partnership
with
the
20
state
workforce
development
board,
shall
establish
criteria
21
for
use
by
chief
elected
officials
in
the
local
workforce
22
development
areas
for
appointment
of
members
of
the
local
23
workforce
development
boards
in
such
areas
in
accordance
with
24
the
requirements
of
paragraph
“b”
.
25
b.
Composition.
The
membership
criteria
for
a
local
26
workforce
development
board
shall
include,
at
a
minimum,
all
27
of
the
following:
28
(1)
A
majority
of
the
membership
of
each
local
workforce
29
development
board
shall
be
representatives
of
business
in
30
the
local
workforce
development
area
appointed
from
among
31
individuals
nominated
by
local
business
organizations
and
32
business
trade
associations,
to
whom
all
of
the
following
shall
33
apply:
34
(a)
The
members
shall
be
owners
of
businesses,
chief
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executives
or
operating
officers
of
businesses,
or
other
1
business
executives
or
employers
with
optimum
policymaking
2
authority
or
hiring
authority.
3
(b)
The
members
shall
represent
businesses,
including
small
4
businesses,
that
provide
employment
opportunities
that,
at
5
a
minimum,
include
high-quality,
work-relevant
training
and
6
development
in
in-demand
industry
sectors
or
occupations
in
the
7
local
workforce
development
area,
or
organizations
representing
8
such
businesses.
9
(2)
(a)
Not
less
than
twenty
percent
of
the
membership
of
10
a
local
workforce
development
board
shall
be
representatives
of
11
the
workforce
within
the
local
workforce
development
area,
to
12
whom
all
of
the
following
shall
apply:
13
(i)
For
a
local
workforce
development
area
in
which
14
employees
are
represented
by
labor
organizations,
the
members
15
shall
include
representatives
of
labor
organizations
or
persons
16
who
have
been
nominated
by
local
labor
federations.
For
a
17
local
workforce
development
area
in
which
employees
are
not
18
represented
by
such
organizations,
the
members
shall
include
19
other
representatives
of
employees;
20
(ii)
The
members
shall
include
a
representative
who
is
21
a
member
of
a
labor
organization
or
a
training
director,
a
22
representative
from
a
joint
labor-management
apprenticeship
23
program,
or,
if
no
such
joint
program
exists
in
the
area,
a
24
representative
of
an
apprenticeship
program
in
the
area,
if
25
such
a
program
exists.
26
(b)
The
membership
of
a
local
workforce
development
board
27
described
in
subparagraph
division
(a)
may
include
one
or
more
28
of
the
following:
29
(i)
Representatives
of
community-based
organizations
that
30
have
demonstrated
experience
and
expertise
in
addressing
the
31
employment
needs
of
individuals
with
a
barrier
to
employment,
32
including
organizations
that
serve
veterans
or
that
provide
or
33
support
competitive
integrated
employment
for
individuals
with
34
disabilities.
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(ii)
Representatives
of
organizations
that
have
1
demonstrated
experience
and
expertise
in
addressing
the
2
employment,
training,
or
education
needs
of
eligible
youth,
3
including
representatives
of
organizations
that
serve
4
out-of-school
youth.
5
(3)
(a)
The
membership
of
a
local
workforce
development
6
board
shall
include
representatives
of
entities
administering
7
education
and
training
activities
in
the
local
workforce
8
development
area,
to
whom
all
of
the
following
apply:
9
(i)
The
members
shall
include
a
representative
of
eligible
10
providers
administering
adult
education
and
literacy
activities
11
under
Tit.
II
of
the
federal
Workforce
Innovation
and
12
Opportunity
Act,
Pub.
L.
No.
113-128.
13
(ii)
The
members
shall
include
a
representative
of
14
institutions
of
higher
education,
including
community
colleges,
15
providing
workforce
investment
activities.
16
(iii)
If
multiple
eligible
providers
are
serving
the
local
17
workforce
development
area
by
administering
adult
education
18
and
literacy
activities
under
Tit.
II
of
the
federal
Workforce
19
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
or
20
multiple
institutions
of
higher
education
serving
the
local
21
workforce
development
area
by
providing
workforce
investment
22
activities,
each
representative
thereof
on
the
local
workforce
23
development
board,
respectively,
shall
be
appointed
from
among
24
individuals
nominated
by
local
providers
representing
such
25
providers
or
institutions,
respectively.
26
(b)
The
membership
may
include
representatives
of
local
27
educational
agencies
and
of
community-based
organizations
28
with
demonstrated
experience
and
expertise
in
addressing
the
29
education
or
training
needs
of
individuals
with
a
barrier
to
30
employment.
31
(4)
(a)
The
membership
of
a
local
workforce
development
32
board
shall
include
representatives
of
governmental
and
33
economic
and
community
development
entities
serving
the
local
34
workforce
development
area,
to
whom
all
of
the
following
apply:
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(i)
The
members
shall
include
a
representative
of
economic
1
and
community
development
entities.
2
(ii)
The
members
shall
include
at
least
one
appropriate
3
representative
from
the
state
employment
service
office
under
4
the
federal
Wagner-Peyser
Act,
as
codified
at
29
U.S.C.
§49
5
et
seq.,
serving
the
local
workforce
development
area
and
6
nominated
by
the
director
of
the
department
of
workforce
7
development.
8
(iii)
The
members
shall
include
at
least
one
appropriate
9
representative
of
the
programs
carried
out
under
Tit.
I
of
10
the
federal
Rehabilitation
Act
of
1973,
as
codified
at
29
11
U.S.C.
§720
et
seq.,
relating
to
vocational
rehabilitation
12
services,
excluding
29
U.S.C.
§732
and
741,
serving
the
local
13
workforce
development
area
and
nominated
by
the
administrator
14
of
the
division
of
vocational
rehabilitation
services
of
the
15
department
of
education
or
director
of
the
department
for
the
16
blind,
as
appropriate.
17
(b)
The
members
may
include
one
or
more
of
the
following:
18
(i)
Representatives
of
agencies
or
entities
administering
19
programs
serving
the
local
workforce
development
area
relating
20
to
transportation,
housing,
and
public
assistance.
21
(ii)
Representatives
of
philanthropic
organizations
serving
22
the
local
workforce
development
area.
23
(5)
The
membership
of
a
local
workforce
development
board
24
may
include
such
other
individuals
or
representatives
of
25
entities
as
the
chief
elected
official
in
the
local
workforce
26
development
area
may
determine
to
be
appropriate.
27
c.
Political
affiliation
and
gender
balance.
Sections
69.16
28
and
69.16A
shall
apply
to
the
total
membership
of
a
local
29
workforce
development
board
excluding
members
required
under
30
paragraph
“b”
,
subparagraph
(4),
subparagraph
division
(a),
31
subparagraph
subdivisions
(ii)
and
(iii).
32
d.
Chairperson.
The
members
of
a
local
workforce
33
development
board
shall
elect
a
chairperson
from
among
the
34
representatives
of
business
described
in
paragraph
“b”
,
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subparagraph
(1).
1
e.
Standing
committees.
A
local
workforce
development
2
board
may
designate
and
direct
the
activities
of
standing
3
committees
to
provide
information
and
to
assist
the
local
4
workforce
development
board
in
carrying
out
activities
under
5
this
section.
Such
standing
committees
shall
be
chaired
by
6
a
member
of
the
local
workforce
development
board.
Such
7
standing
committees
may
include
other
members
of
the
local
8
workforce
development
board
and
shall
include
other
individuals
9
appointed
by
the
local
workforce
development
board
who
are
not
10
members
of
the
local
workforce
development
board
and
who
the
11
local
workforce
development
board
determines
have
appropriate
12
experience
and
expertise.
At
a
minimum,
the
local
workforce
13
development
board
may
designate
each
of
the
following
standing
14
committees:
15
(1)
A
standing
committee
to
provide
information
and
assist
16
with
operational
and
other
issues
relating
to
the
one-stop
17
delivery
system,
which
may
include
as
members
representatives
18
of
the
one-stop
partners.
19
(2)
A
standing
committee
to
provide
information
and
to
20
assist
with
planning,
operational,
and
other
issues
relating
21
to
the
provision
of
services
to
youth,
which
shall
include
22
community-based
organizations
with
a
demonstrated
record
of
23
success
in
serving
eligible
youth.
24
(3)
A
standing
committee
to
provide
information
and
to
25
assist
with
operational
and
other
issues
relating
to
the
26
provision
of
services
to
individuals
with
disabilities,
27
including
issues
relating
to
compliance
with
29
U.S.C.
§3248,
28
if
applicable,
and
applicable
provisions
of
the
Americans
with
29
Disabilities
Act
of
1990,
codified
at
42
U.S.C.
§12101
et
seq.,
30
regarding
providing
programmatic
and
physical
access
to
the
31
services,
programs,
and
activities
of
the
one-stop
delivery
32
system,
as
well
as
appropriate
training
for
staff
on
providing
33
supports
for
or
accommodations
to,
and
finding
employment
34
opportunities
for,
individuals
with
disabilities.
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(4)
Additional
committees
in
the
discretion
of
the
local
1
workforce
development
board.
2
f.
Additional
membership
requirements.
Members
of
the
local
3
workforce
development
board
that
represent
organizations,
4
agencies,
or
other
entities
shall
be
individuals
with
optimum
5
policymaking
authority
within
the
organizations,
agencies,
or
6
entities.
The
members
of
the
board
shall
represent
diverse
7
geographic
areas
within
the
local
workforce
development
area.
8
g.
Chief
elected
officials.
9
(1)
The
chief
elected
official
in
a
local
workforce
10
development
area
may
appoint
the
members
of
the
local
workforce
11
development
board
for
such
area,
in
accordance
with
the
state
12
criteria
established
by
the
governor
in
partnership
with
the
13
state
workforce
development
board.
14
(2)
(a)
If
a
local
workforce
development
area
includes
more
15
than
one
unit
of
general
local
government,
the
chief
elected
16
officials
of
such
units
may
execute
an
agreement
that
specifies
17
the
respective
roles
of
the
individual
chief
elected
officials
18
relating
to
all
of
the
following:
19
(i)
Appointing
the
members
of
the
local
workforce
20
development
board
from
the
individuals
nominated
or
recommended
21
to
be
such
members
in
accordance
with
the
criteria
established
22
in
this
subsection.
23
(ii)
Carrying
out
any
other
responsibilities
assigned
to
24
such
officials
under
Tit.
I
of
the
federal
Workforce
Innovation
25
and
Opportunity
Act,
Pub.
L.
No.
113-128,
and
this
section.
26
(b)
If,
after
a
reasonable
effort,
the
chief
elected
27
officials
are
unable
to
reach
such
an
agreement,
the
governor
28
may
appoint
the
members
of
the
local
workforce
development
29
board
from
individuals
so
nominated
or
recommended.
30
3.
Certification
procedures.
31
a.
Certification.
Once
every
two
years,
the
department
32
of
workforce
development
shall
certify
one
local
workforce
33
development
board
for
each
local
workforce
development
area
in
34
the
state.
Such
certification
shall
be
based
on
the
extent
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to
which
the
local
workforce
development
board
has
ensured
1
that
workforce
investment
activities
carried
out
in
the
local
2
workforce
development
area
have
enabled
the
local
workforce
3
development
area
to
meet
the
corresponding
performance
4
accountability
measures
and
achieve
sustained
fiscal
integrity,
5
as
defined
in
29
U.S.C.
§3121(e)(2).
6
b.
Failure
to
achieve
certification.
Failure
of
a
local
7
workforce
development
board
to
achieve
certification
shall
8
result
in
appointment
and
certification
of
a
new
local
9
workforce
development
board
for
the
local
workforce
development
10
area
pursuant
to
the
process
described
in
subsection
2
and
this
11
subsection.
12
c.
Decertification.
13
(1)
Notwithstanding
paragraph
“a”
,
the
department
of
14
workforce
development
may
decertify
a
local
workforce
15
development
board
for
any
of
the
following
reasons
at
any
time
16
after
providing
notice
and
an
opportunity
for
comment:
17
(a)
Fraud
or
abuse.
18
(b)
Failure
to
carry
out
the
functions
specified
for
the
19
local
workforce
development
board
in
subsection
4.
20
(2)
Notwithstanding
paragraph
“a”
,
the
department
of
21
workforce
development
may
decertify
a
local
workforce
22
development
board
if
the
local
workforce
development
area
fails
23
to
meet
the
local
performance
accountability
measures
for
the
24
local
workforce
development
area
in
accordance
with
29
U.S.C.
25
§3141(c)
for
two
consecutive
program
years.
26
(3)
If
the
department
of
workforce
development
decertifies
27
a
local
workforce
development
board
for
a
local
workforce
28
development
area,
the
department
of
workforce
development
29
may
require
that
a
new
local
workforce
development
board
be
30
appointed
and
certified
for
the
local
workforce
development
31
area
pursuant
to
a
reorganization
plan
developed
by
the
32
governor,
in
consultation
with
the
chief
elected
official
in
33
the
local
workforce
development
area
and
in
accordance
with
34
the
criteria
established
under
this
section
and
Tit.
I
of
the
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federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
1
113-128.
2
4.
Functions.
Consistent
with
section
84A.3
and
section
108
3
of
the
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
4
L.
No.
113-128,
the
functions
of
a
local
workforce
development
5
board
shall
include
all
of
the
following:
6
a.
Local
workforce
development
plan.
The
local
workforce
7
development
board,
in
partnership
with
the
chief
elected
8
official
for
the
local
workforce
development
area,
shall
9
develop
and
submit
a
local
workforce
development
plan
to
the
10
department
of
workforce
development
that
meets
the
requirements
11
of
section
84A.3.
If
the
local
workforce
development
area
is
12
part
of
a
planning
region
that
includes
other
local
workforce
13
development
areas,
the
local
workforce
development
board
shall
14
collaborate
with
the
other
local
workforce
development
boards
15
and
chief
elected
officials
from
such
other
local
workforce
16
development
areas
in
the
preparation
and
submission
of
a
17
regional
plan
as
described
in
the
federal
Workforce
Innovation
18
and
Opportunity
Act,
Pub.
L.
No.
113-128,
§106(c).
19
b.
Workforce
research
and
regional
labor
market
analysis.
In
20
order
to
assist
in
the
development
and
implementation
of
21
the
local
workforce
development
plan,
the
local
workforce
22
development
board
shall
do
all
of
the
following:
23
(1)
Carry
out
analyses
of
the
economic
conditions
in
the
24
region,
the
needed
knowledge
and
skills
for
the
region,
the
25
workforce
in
the
region,
and
workforce
development
activities,
26
including
education
and
training,
in
the
region
described
in
27
the
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
28
L.
No.
113-128,
§108(b)(1)(D),
and
regularly
update
such
29
information.
30
(2)
Assist
the
department
of
workforce
development
in
31
developing
the
statewide
workforce
and
labor
market
information
32
system
described
in
29
U.S.C.
§49l-2(e),
specifically
in
the
33
collection,
analysis,
and
utilization
of
workforce
and
labor
34
market
information
for
the
region.
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(3)
Conduct
such
other
research,
data
collection,
and
1
analysis
related
to
the
workforce
needs
of
the
regional
2
economy
as
the
board,
after
receiving
input
from
a
wide
array
3
of
stakeholders,
determines
to
be
necessary
to
carry
out
its
4
functions.
5
c.
Convening,
brokering,
and
leveraging.
The
local
workforce
6
development
board
shall
convene
local
workforce
development
7
system
stakeholders
to
assist
in
the
development
of
the
8
local
workforce
development
plan
under
section
84A.3
and
in
9
identifying
non-federal
expertise
and
resources
to
leverage
10
support
for
workforce
development
activities.
The
local
11
workforce
development
board,
including
its
standing
committees,
12
may
engage
such
stakeholders
in
carrying
out
the
functions
13
described
in
this
subsection.
14
d.
Employer
engagement.
The
local
workforce
development
15
board
shall
lead
efforts
to
engage
with
a
diverse
range
of
16
employers
and
with
entities
in
the
region
involved
to
do
all
17
of
the
following:
18
(1)
Promote
business
representation
on
the
local
workforce
19
development
board,
particularly
representatives
with
optimal
20
policymaking
authority
or
hiring
authority
from
employers
21
whose
employment
opportunities
reflect
existing
and
emerging
22
employment
opportunities
in
the
region.
23
(2)
Develop
effective
linkages,
including
the
use
of
24
intermediaries,
with
employers
in
the
region
to
support
25
employer
utilization
of
the
local
workforce
development
system
26
and
to
support
local
workforce
investment
activities.
27
(3)
Ensure
that
workforce
investment
activities
meet
the
28
needs
of
employers
and
support
economic
growth
in
the
region
29
by
enhancing
communication,
coordination,
and
collaboration
30
among
employers,
economic
development
entities,
and
service
31
providers.
32
(4)
Develop
and
implement
proven
or
promising
strategies
33
for
meeting
the
employment
and
skill
needs
of
workers
and
34
employers,
such
as
the
establishment
of
industry
or
sector
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partnerships.
Such
strategies
shall
provide
the
skilled
1
workforce
needed
by
employers
in
the
region
and
expand
2
employment
and
career
advancement
opportunities
for
workforce
3
development
system
participants
in
in-demand
industry
sectors
4
or
occupations.
5
e.
Career
pathways
development.
The
local
workforce
6
development
board,
with
representatives
of
secondary
and
7
postsecondary
education
programs,
shall
lead
efforts
in
the
8
local
workforce
development
area
to
develop
and
implement
9
career
pathways
within
the
local
workforce
development
area
by
10
aligning
the
employment,
training,
education,
and
supportive
11
services
that
are
needed
by
adults
and
youth,
particularly
12
individuals
with
a
barrier
to
employment.
13
f.
Proven
and
promising
practices.
The
local
workforce
14
development
board
shall
lead
efforts
in
the
local
workforce
15
development
area
to
do
all
of
the
following:
16
(1)
Identify
and
promote
proven
and
promising
strategies
17
and
initiatives
for
meeting
the
needs
of
employers,
workers,
18
and
jobseekers,
including
individuals
with
a
barrier
to
19
employment,
in
the
local
workforce
development
system,
20
including
providing
physical
and
programmatic
accessibility,
21
in
accordance
with
29
U.S.C.
§3248,
if
applicable,
applicable
22
provisions
of
chapter
216,
and
applicable
provisions
of
the
23
Americans
with
Disabilities
Act
of
1990,
codified
at
42
U.S.C.
24
§12101
et
seq.,
to
the
one-stop
delivery
system.
25
g.
Technology.
The
local
workforce
development
board
26
shall
develop
strategies
for
using
technology
to
maximize
27
the
accessibility
and
effectiveness
of
the
local
workforce
28
development
system
for
employers,
workers,
and
jobseekers,
by
29
doing
all
of
the
following:
30
(1)
Facilitating
connections
among
the
intake
and
case
31
management
information
systems
of
the
one-stop
partner
programs
32
to
support
a
comprehensive
workforce
development
system
in
the
33
local
workforce
development
area.
34
(2)
Facilitating
access
to
services
provided
through
the
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one-stop
delivery
system
involved,
including
facilitating
the
1
access
in
remote
areas.
2
(3)
Identifying
strategies
for
better
meeting
the
needs
of
3
individuals
with
a
barrier
to
employment,
including
strategies
4
that
augment
traditional
service
delivery
and
increase
access
5
to
services
and
programs
of
the
one-stop
delivery
system,
such
6
as
improving
digital
literacy
skills.
7
(4)
Leveraging
resources
and
capacity
within
the
local
8
workforce
development
system,
including
resources
and
capacity
9
for
services
for
individuals
with
a
barrier
to
employment.
10
h.
Program
oversight.
The
local
workforce
development
11
board,
in
partnership
with
the
chief
elected
official
for
12
the
local
workforce
development
area,
shall
do
all
of
the
13
following:
14
(1)
(a)
Conduct
oversight
for
local
youth
workforce
15
investment
activities
authorized
under
the
federal
Workforce
16
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
§129(c),
17
local
employment
and
training
activities
authorized
under
the
18
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
19
113-128,
§134(c)
and
(d),
and
the
one-stop
delivery
system
in
20
the
local
workforce
development
area.
21
(b)
Ensure
the
appropriate
use
and
management
of
the
funds
22
provided
under
the
federal
Workforce
Innovation
and
Opportunity
23
Act,
Pub.
L.
No.
113-128,
Tit.
I,
subtitle
B,
for
the
24
activities
and
system
described
in
subparagraph
division
(a).
25
(2)
For
workforce
development
activities,
ensure
the
26
appropriate
use,
management,
and
investment
of
funds
to
27
maximize
performance
outcomes
under
the
federal
Workforce
28
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
§116.
29
i.
Negotiation
of
local
performance
accountability
30
measures.
The
local
workforce
development
board,
the
chief
31
elected
official,
and
the
department
of
workforce
development
32
shall
negotiate
and
reach
agreement
on
local
performance
33
accountability
measures
as
described
in
the
federal
Workforce
34
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
§116(c).
35
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j.
Selection
of
one-stop
operators.
Consistent
with
the
1
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
2
No.
113-128,
§121(d),
the
local
workforce
development
board,
3
with
the
agreement
of
the
chief
elected
official
for
the
local
4
workforce
development
area,
shall
designate
or
certify
one-stop
5
operators
as
described
in
the
federal
Workforce
Innovation
and
6
Opportunity
Act,
Pub.
L.
No.
113-128,
§121(d)(2)(A).
The
local
7
workforce
development
board,
with
the
agreement
of
the
chief
8
elected
official
for
the
local
workforce
development
area,
may
9
terminate
for
cause
the
eligibility
of
such
operators.
10
k.
Selection
of
youth
providers.
Consistent
with
the
11
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
12
113-128,
§123,
the
local
workforce
development
board
shall
13
identify
eligible
providers
of
youth
workforce
investment
14
activities
in
the
local
workforce
development
area
by
awarding
15
grants
or
contracts
on
a
competitive
basis,
except
as
provided
16
in
the
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
17
L.
No.
113-128,
§123(b),
based
on
the
recommendations
of
the
18
youth
standing
committee,
if
such
a
committee
is
established
19
for
the
local
workforce
development
area.
When
identifying
20
eligible
providers,
the
local
workforce
development
board
shall
21
consider
community-based
and
governmental
organizations
as
22
possible
eligible
providers.
The
local
workforce
development
23
board
may
terminate
for
cause
the
eligibility
of
such
24
providers.
25
l.
Identification
of
eligible
providers
of
training
26
services.
Consistent
with
the
federal
Workforce
Innovation
and
27
Opportunity
Act,
Pub.
L.
No.
113-128,
§122,
the
local
workforce
28
development
board
shall
identify
eligible
providers
of
training
29
services
in
the
local
workforce
development
area.
30
m.
Identification
of
eligible
providers
of
career
31
services.
If
the
one-stop
operator
does
not
provide
career
32
services
described
in
the
federal
Workforce
Innovation
and
33
Opportunity
Act,
Pub.
L.
No.
113-128,
§134(c)(2),
in
a
local
34
workforce
development
area,
the
local
workforce
development
35
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board
shall
identify
eligible
providers
of
those
career
1
services
in
the
local
workforce
development
area
by
awarding
2
contracts.
When
identifying
eligible
providers,
the
local
3
workforce
development
board
shall
consider
community-based
and
4
governmental
organizations
as
possible
eligible
providers.
5
n.
Consumer
choice
requirements.
Consistent
with
the
6
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
7
L.
No.
113-128,
§122
and
134(c)(2)
and
(3),
the
local
8
workforce
development
board
shall
work
with
the
state
to
9
ensure
sufficient
numbers
and
types
of
providers
of
career
10
services
and
training
services
are
serving
the
local
workforce
11
development
area
and
providing
the
services
involved
in
a
12
manner
that
maximizes
consumer
choice,
as
well
as
providing
13
opportunities
that
lead
to
competitive
integrated
employment
14
for
individuals
with
a
disability.
Such
providers
shall
15
include
eligible
providers
with
expertise
in
assisting
16
individuals
with
a
disability
and
eligible
providers
with
17
expertise
in
assisting
adults
in
need
of
adult
education
and
18
literacy
activities.
19
o.
Coordination
with
education
providers.
20
(1)
The
local
workforce
development
board
shall
coordinate
21
activities
with
education
and
training
providers
in
the
local
22
workforce
development
area,
including
providers
of
workforce
23
investment
activities,
providers
of
adult
education
and
24
literacy
activities
under
the
federal
Workforce
Innovation
and
25
Opportunity
Act,
Pub.
L.
No.
113-128,
Tit.
II,
providers
of
26
career
and
technical
education
as
defined
in
20
U.S.C.
§2302,
27
and
local
agencies
administering
plans
under
Tit.
I
of
the
28
federal
Rehabilitation
Act
of
1973,
as
codified
at
29
U.S.C.
29
§720
et
seq.,
relating
to
vocational
rehabilitation
services,
30
excluding
29
U.S.C.
§732
and
741.
31
(2)
The
coordination
described
in
subparagraph
(1)
shall
32
include,
consistent
with
the
federal
Workforce
Innovation
33
and
Opportunity
Act,
Pub.
L.
No.
113-128,
§232,
all
of
the
34
following:
35
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(a)
Reviewing
the
applications
to
provide
adult
education
1
and
literacy
activities
under
the
federal
Workforce
Innovation
2
and
Opportunity
Act,
Pub.
L.
No.
113-128,
Tit.
II,
for
the
3
local
workforce
development
area,
submitted
under
the
federal
4
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
5
§232,
to
the
eligible
agency
by
eligible
providers,
to
6
determine
whether
such
applications
are
consistent
with
the
7
local
workforce
development
plan.
8
(b)
Making
recommendations
to
the
eligible
agency
to
9
promote
alignment
with
such
plan.
10
(3)
The
coordination
described
in
subparagraph
(1)
shall
11
also
include
replicating
cooperative
agreements
in
accordance
12
with
29
U.S.C.
§721(a)(11)(B),
and
implementing
cooperative
13
agreements
in
accordance
with
29
U.S.C.
§721(a)(11)
with
14
the
local
agencies
administering
plans
under
Tit.
I
of
the
15
federal
Rehabilitation
Act
of
1973,
as
codified
at
29
U.S.C.
16
§720
et
seq.,
relating
to
vocational
rehabilitation
services,
17
excluding
29
U.S.C.
§732
and
741,
and
subject
to
the
federal
18
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
19
§121(f),
with
respect
to
efforts
that
will
enhance
the
20
provision
of
services
to
individuals
with
a
disability
and
21
other
individuals,
such
as
cross-training
of
staff,
technical
22
assistance,
use
and
sharing
of
information,
cooperative
23
efforts
with
employers,
and
other
efforts
at
cooperation,
24
collaboration,
and
coordination.
25
p.
Budget
and
administration.
26
(1)
Budget.
The
local
workforce
development
board
shall
27
develop
a
budget
for
the
activities
of
the
local
workforce
28
development
board
in
the
local
workforce
development
area,
29
consistent
with
the
local
workforce
development
plan
and
the
30
duties
of
the
local
workforce
development
board
under
this
31
section,
subject
to
the
approval
of
the
chief
elected
official.
32
(2)
Administration.
33
(a)
The
chief
elected
official
in
a
local
workforce
34
development
area
shall
serve
as
the
local
grant
recipient
35
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for,
and
shall
be
liable
for
any
misuse
of,
the
grant
funds
1
allocated
to
the
local
workforce
development
area
under
the
2
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
3
No.
133-128,
§128
and
133,
unless
the
chief
elected
official
4
reaches
an
agreement
with
the
department
of
workforce
5
development
for
the
department
to
act
as
the
local
grant
6
recipient
and
bear
such
liability.
In
order
to
assist
in
7
administration
of
the
grant
funds,
the
chief
elected
official
8
or
the
department,
where
the
department
serves
as
the
local
9
grant
recipient
for
a
local
workforce
development
area,
may
10
designate
an
entity
to
serve
as
a
local
grant
subrecipient
for
11
such
funds
or
as
a
local
fiscal
agent.
Such
designation
shall
12
not
relieve
the
chief
elected
official
or
the
department
of
13
the
liability
for
any
misuse
of
grant
funds.
The
local
grant
14
recipient
or
designated
entity
shall
disburse
the
grant
funds
15
for
workforce
investment
activities
at
the
direction
of
the
16
local
workforce
development
board,
pursuant
to
the
requirements
17
of
the
federal
Workforce
Innovation
and
Opportunity
Act,
18
Pub.
L.
No.
113-128,
Tit.
I.
The
local
grant
recipient
or
19
designated
entity
shall
disburse
the
funds
immediately
upon
20
receiving
such
direction
from
the
local
workforce
development
21
board.
22
(b)
The
local
workforce
development
board
may
solicit
and
23
accept
grants
and
donations
from
sources
other
than
federal
or
24
state
funds.
25
(c)
For
purposes
of
carrying
out
duties
under
this
section,
26
a
local
workforce
development
board
may
incorporate
and
may
27
operate
as
an
entity
described
in
section
501(c)(3)
of
the
28
Internal
Revenue
Code
that
is
exempt
from
taxation
under
29
section
501(a)
of
the
Internal
Revenue
Code.
30
q.
Accessibility
for
individuals
with
disabilities.
The
31
local
workforce
development
board
shall
annually
assess
the
32
physical
and
programmatic
accessibility,
in
accordance
with
33
29
U.S.C.
§3248,
if
applicable,
applicable
provisions
of
34
chapter
216,
and
applicable
provisions
of
the
Americans
with
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Disabilities
Act
of
1990,
codified
at
42
U.S.C.
§12101
et
seq.,
1
of
all
one-stop
centers
in
the
local
workforce
development
2
area.
3
r.
Statewide
workforce
development
initiatives.
The
local
4
workforce
development
board
shall
participate
in
statewide
5
workforce
development
initiatives
in
accordance
with
guidance
6
and
oversight
by
the
state
workforce
development
board
or
7
department
of
workforce
development.
8
5.
Limitations.
9
a.
Training
services.
10
(1)
Except
as
provided
in
subparagraph
(2),
a
local
11
workforce
development
board
shall
not
provide
training
12
services.
13
(2)
The
department
of
workforce
development
may,
pursuant
14
to
a
request
from
a
local
workforce
development
board,
grant
15
a
written
waiver
of
the
prohibition
set
forth
in
subparagraph
16
(1)
for
a
program
of
training
services,
if
the
local
workforce
17
development
board
does
all
of
the
following:
18
(a)
Submits
to
the
governor
a
proposed
request
for
the
19
waiver
that
includes
satisfactory
evidence
that
an
insufficient
20
number
of
eligible
providers
of
such
a
program
of
training
21
services
is
available
to
meet
local
demand
in
the
local
22
workforce
development
area;
information
demonstrating
that
23
the
board
meets
the
requirements
for
an
eligible
provider
of
24
training
services
under
section
122
of
the
federal
Workforce
25
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128;
and
26
information
demonstrating
that
the
program
of
training
services
27
prepares
participants
for
an
in-demand
industry
sector
or
28
occupation
in
the
local
workforce
development
area.
29
(b)
Makes
the
proposed
request
available
to
eligible
30
providers
of
training
services
and
other
interested
members
of
31
the
public
for
a
public
comment
period
of
not
less
than
thirty
32
days.
33
(c)
Includes
in
the
final
request
for
the
waiver
the
34
evidence
and
information
described
in
subparagraph
division
(a)
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and
the
comments
received
pursuant
to
subparagraph
division
1
(b).
2
(3)
A
waiver
granted
to
a
local
workforce
development
board
3
under
subparagraph
(2)
shall
apply
for
a
period
that
shall
4
not
exceed
the
duration
of
the
local
workforce
development
5
plan.
The
waiver
may
be
renewed
for
additional
periods
under
6
subsequent
local
plans,
not
to
exceed
the
durations
of
such
7
subsequent
plans,
pursuant
to
requests
from
the
local
workforce
8
development
board,
if
the
board
meets
the
requirements
of
9
subparagraph
(2)
in
making
the
requests.
10
(4)
The
department
of
workforce
development
may
revoke
the
11
waiver
during
the
appropriate
period
described
in
subparagraph
12
(3)
if
the
department
determines
the
waiver
is
no
longer
needed
13
or
that
the
local
workforce
development
board
involved
has
14
engaged
in
a
pattern
of
inappropriate
referrals
to
training
15
services
operated
by
the
local
workforce
development
board.
16
b.
Career
services;
designation
or
certification
as
one-stop
17
operators.
A
local
workforce
development
board
may
provide
18
career
services
described
in
section
134(c)(2)
of
the
federal
19
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
20
through
a
one-stop
delivery
system
or
be
designated
or
21
certified
as
a
one-stop
operator
only
with
the
agreement
of
the
22
chief
elected
official
in
the
local
workforce
development
area
23
and
the
department
of
workforce
development.
24
c.
Limitation
on
authority.
This
section
shall
not
be
25
construed
to
provide
a
local
workforce
development
board
with
26
the
authority
to
mandate
curricula
for
schools.
27
6.
Conflict
of
interest.
A
member
of
a
local
workforce
28
development
board,
or
a
member
of
a
standing
committee,
shall
29
not
do
any
of
the
following:
30
a.
Vote
on
a
matter
under
consideration
by
the
board
or
31
committee
that
concerns
the
provision
of
services
by
the
member
32
or
by
an
entity
that
the
member
represents.
33
b.
Vote
on
a
matter
under
consideration
by
the
board
or
34
committee
that
would
provide
direct
financial
benefit
to
the
35
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member
or
the
immediate
family
of
the
member.
1
c.
Engage
in
any
other
activity
determined
by
the
governor
2
to
constitute
a
conflict
of
interest
as
specified
in
the
state
3
workforce
development
plan.
4
7.
Public
information.
In
addition
to
meeting
the
5
requirements
of
chapter
22,
local
workforce
development
boards
6
shall
make
available
to
the
public,
on
a
regular
basis
through
7
electronic
means
and,
if
applicable,
through
open
meetings
8
in
accordance
with
chapter
21,
information
regarding
the
9
activities
of
the
board,
including
all
of
the
following:
10
a.
Information
regarding
the
local
workforce
development
11
plan,
as
required
under
the
federal
Workforce
Innovation
and
12
Opportunity
Act,
Pub.
L.
No.
113-128,
prior
to
submission
of
13
the
local
workforce
development
plan
or
modification
of
the
14
plan.
15
b.
Information
regarding
local
workforce
development
board
16
membership,
including
the
name
and
affiliation
of
each
member.
17
c.
The
bylaws
of
the
board.
18
d.
Designation
and
certification
of
one-stop
operators.
19
e.
Award
of
grants
or
contracts
to
eligible
training
20
providers
of
workforce
investment
activities,
including
21
providers
of
youth
investment
activities.
22
Sec.
7.
Section
84A.5,
Code
2018,
is
amended
by
adding
the
23
following
new
subsections:
24
NEW
SUBSECTION
.
12.
The
department
of
workforce
25
development
is
responsible
for
the
development
and
oversight
of
26
industry
and
sector
partnerships
in
the
state.
27
NEW
SUBSECTION
.
13.
The
department
of
workforce
28
development
is
responsible
for
the
administration
of
the
state
29
list
of
eligible
providers
and
programs
under
the
federal
30
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
No.
113-128,
31
§122.
32
NEW
SUBSECTION
.
14.
The
department
of
workforce
33
development
is
responsible
for
the
review
of
local
workforce
34
development
plans
under
section
84A.4.
The
department
may
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approve
a
local
workforce
development
plan,
conditionally
1
approve
a
local
workforce
development
plan
with
requests
for
2
additional
information
and
recommended
changes,
or
reject
a
3
local
workforce
development
plan
and
request
the
submission
4
of
a
new
local
workforce
development
plan.
The
department
5
may
create
templates,
policies,
and
procedures
regarding
the
6
submission,
format,
and
contents
of
local
workforce
development
7
plans.
8
NEW
SUBSECTION
.
15.
The
department
of
workforce
9
development
shall
provide
oversight,
guidance,
and
technical
10
assistance
to
local
workforce
development
areas,
including
but
11
not
limited
to
local
workforce
development
boards,
local
fiscal
12
agents,
youth
providers,
and
eligible
providers
of
career
13
services.
14
Sec.
8.
TRANSITION
PROVISIONS.
15
1.
Chief
elected
officials
may
appoint
members
serving
16
on
local
workforce
development
boards
prior
to
the
effective
17
date
of
this
Act
pursuant
to
section
84A.4,
subsection
1,
Code
18
2018,
for
membership
on
local
workforce
development
boards
on
19
and
after
the
effective
date
of
this
Act
if
such
individuals
20
continue
to
be
eligible
for
membership
on
the
boards
pursuant
21
to
section
84A.4,
subsection
2,
paragraph
“b”,
as
enacted
by
22
this
Act.
23
2.
Members
serving
on
a
local
workforce
development
board
24
prior
to
the
effective
date
of
this
Act
pursuant
to
section
25
84A.4,
subsection
1,
Code
2018,
shall
continue
to
constitute
26
the
membership
of
the
board
until
a
meeting
of
the
board
is
27
held
at
which
a
majority
of
the
members
of
the
board
appointed
28
pursuant
to
section
84A.4,
subsection
2,
as
enacted
by
this
29
Act,
are
present.
30
Sec.
9.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
31
importance,
takes
effect
upon
enactment.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
relates
to
the
membership
and
duties
of
the
1
state
and
local
workforce
development
boards
and
related
2
responsibilities
of
the
department
of
workforce
development.
3
Changes
made
by
the
bill
primarily
relate
to
requirements
of
4
the
federal
Workforce
Innovation
and
Opportunity
Act,
Pub.
L.
5
No.
113-128
(WIOA).
6
STATE
WORKFORCE
DEVELOPMENT
BOARD.
The
bill
strikes
7
language
relating
to
conflicts
of
interest
of
members
of
the
8
state
workforce
development
board
and
provides
new
language
9
on
the
same
subject.
The
bill
prohibits
board
members
from
10
voting
on
matters
that
concern
the
provision
of
services
by
11
the
member
or
by
an
entity
that
the
member
represents
or
that
12
would
provide
direct
financial
benefit
to
the
member
or
the
13
member’s
immediate
family.
The
bill
also
prohibits
a
member
14
from
engaging
in
any
other
activity
determined
by
the
governor
15
to
constitute
a
conflict
of
interest
as
specified
in
the
state
16
workforce
development
plan.
17
The
bill
requires
the
board,
in
addition
to
complying
18
with
the
state
open
records
law,
to
make
certain
specified
19
information
relating
to
the
activities
of
the
board
available
20
to
the
public
on
a
regular
basis
through
electronic
means
and
21
open
meetings
if
applicable.
22
The
bill
provides
that
requirements
relating
to
political
23
and
gender
balance
on
the
appointive
membership
of
boards
only
24
apply
to
the
26
voting
members
of
the
board
appointed
by
the
25
governor,
rather
than
the
full
membership.
26
LOCAL
WORKFORCE
DEVELOPMENT
BOARDS.
The
bill
strikes
27
language
pertaining
to
the
membership
and
duties
of
local
28
workforce
development
boards
and
provides
new
language
on
the
29
same
subject.
30
The
bill
directs
the
department
of
workforce
development
to
31
establish
and
certify
a
local
workforce
development
board
in
32
each
local
workforce
development
area
of
the
state
to
carry
out
33
various
functions
described
in
the
bill
as
well
as
functions
34
specified
under
WIOA,
or
the
provisions
establishing
a
core
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program
for
such
local
workforce
development
area.
1
The
bill
provides
that
members
of
local
workforce
2
development
boards
shall
be
appointed
by
local
chief
elected
3
officials
in
local
workforce
development
areas
based
on
4
criteria
established
by
the
governor
in
partnership
with
the
5
state
workforce
development
board.
The
bill
establishes
6
minimum
criteria
for
composition
of
local
workforce
development
7
boards.
Minimum
criteria
require
that
a
majority
of
members
be
8
representatives
of
business,
that
not
less
than
20
percent
of
9
members
be
representatives
of
the
workforce,
and
that
members
10
include
representatives
of
entities
administering
education
and
11
training
activities
and
representatives
of
governmental
and
12
economic
and
community
development
entities.
13
The
bill
excludes
certain
board
members
from
requirements
14
relating
to
political
and
gender
balance
on
the
appointive
15
membership
of
boards.
The
bill
provides
for
the
election
16
of
a
chairperson
of
the
board.
The
bill
permits
a
board
to
17
designate
and
direct
the
activities
of
standing
committees
18
to
provide
information
and
to
assist
the
local
workforce
19
development
board.
Such
committees
must
include
individuals
20
who
are
not
members
of
the
board
and
may
include
members
who
21
are
members
of
the
board.
22
The
bill
provides
for
biennial
certification
of
a
local
23
workforce
development
board
by
the
department
of
workforce
24
development.
The
bill
provides
a
decertification
process
for
a
25
board
under
certain
circumstances
and
a
process
for
subsequent
26
appointment
and
certification
of
a
new
board.
27
The
bill
provides
a
detailed
list
of
functions
to
be
carried
28
out
by
local
workforce
development
boards,
including
but
not
29
limited
to
development
of
a
comprehensive
four-year
local
30
workforce
development
plan,
engaging
in
workforce
research
and
31
regional
labor
market
analysis,
developing
and
implementing
32
career
pathways,
providing
oversight
of
various
programs
and
33
activities,
and
carrying
out
various
other
functions
required
34
by
WIOA.
The
bill
provides
a
process
for
the
development
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and
modification
of
local
workforce
development
plans
by
the
1
boards.
2
The
bill
permits
local
workforce
development
boards
to
3
provide
training
and
career
services
only
under
certain
limited
4
circumstances
specified
in
the
bill.
The
bill
shall
not
be
5
construed
to
provide
a
local
workforce
development
board
with
6
the
authority
to
mandate
curricula
for
schools.
7
The
bill
prohibits
local
workforce
development
board
members
8
from
voting
on
matters
that
concern
the
provision
of
services
9
by
the
member
or
by
an
entity
that
the
member
represents
or
10
that
would
provide
direct
financial
benefit
to
the
member
or
11
the
member’s
immediate
family.
The
bill
also
prohibits
a
12
member
from
engaging
in
any
other
activity
determined
by
the
13
governor
to
constitute
a
conflict
of
interest
as
specified
in
14
the
state
workforce
development
plan.
15
The
bill
requires
that
local
workforce
development
boards,
16
in
addition
to
complying
with
the
state
open
records
law,
make
17
certain
specified
information
relating
to
the
activities
of
18
the
boards
available
to
the
public
on
a
regular
basis
through
19
electronic
means
and
open
meetings
if
applicable.
20
The
bill
permits
chief
elected
officials
to
appoint
members
21
serving
on
local
workforce
development
boards
prior
to
the
22
effective
date
of
the
bill
for
membership
on
local
workforce
23
development
boards
on
and
after
the
effective
date
of
the
bill
24
if
such
individuals
continue
to
be
eligible
for
membership
25
pursuant
to
the
bill.
26
The
bill
provides
that
members
serving
on
a
local
workforce
27
development
board
prior
to
the
effective
date
of
the
bill
shall
28
continue
to
constitute
the
membership
of
the
board
until
a
29
meeting
of
the
board
is
held
at
which
a
majority
of
the
members
30
of
the
board
appointed
pursuant
to
the
bill
are
present.
31
DUTIES
OF
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT.
The
bill
32
provides
new
responsibilities
of
the
department
of
workforce
33
development,
including
responsibilities
for
the
development
and
34
oversight
of
industry
and
sector
partnerships,
administration
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of
the
state
list
of
eligible
providers
and
programs
under
1
WIOA,
review
of
local
workforce
development
plans,
and
the
2
provision
of
oversight,
guidance,
and
technical
assistance
to
3
local
workforce
development
areas.
4
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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