An Act To Rename the Maine Jobs Council as the State Workforce Investment Board and Make Changes to Its Structure
Sec. 1. 26 MRSA §2004-A, sub-§1, as enacted by PL 2003, c. 114, §9, is amended to read:
Sec. 2. 26 MRSA §2004-A, sub-§3, as enacted by PL 2003, c. 114, §9, is amended to read:
Sec. 3. 26 MRSA §2006, as amended by PL 2009, c. 12, §§1 and 2, is further amended to read:
§ 2006. Establishment of State Workforce Investment Board
The Governor shall ensure that the council board and its technical support group the Program Policy Committee under subsection 7 have sufficient expertise to effectively carry out the duties and functions of the council board.
(1) "Apprentice" means a person at least 16 years of age who is employed under an apprenticeship agreement to work at and learn a specific occupation and is registered with the council.
(2) "Apprentice agreement" means a written agreement that is entered into by an apprentice or organization of employees with an employer or an association of employers and provides for the apprentice's participation in a definite sequence of job training and for such related and supplemental instruction as may be determined necessary for the apprentice to qualify as a journeyman in a particular occupation.
(3) "Committee" means the council's Standing Committee on Apprenticeship.
(4) "Journeyman upgrading" means continued related instruction advocated for by a sponsor, including joint apprenticeship and training committees or employers, for an individual who has fulfilled a bona fide apprenticeship as determined by the committee. Enrollment criteria are established by the committee.
(5) "Sponsor" means an employer or a potential employer.
(1) Establish standards, through joint action of employers and employees, assist in the development of registered apprenticeship programs in conformity with this subsection and generally encourage and promote the establishment of registered apprenticeship programs;
(2) Register or terminate, or cancel the registration of, apprenticeship programs and apprenticeship agreements, including journeyman upgrading;
(3) Authorize and issue certificates of completion of apprenticeship to apprentices who have been certified by a joint apprenticeship committee or employer as having satisfactorily completed their training;
(4) Keep a record of registered programs and apprentice agreements, including the number of women and minority apprentices by occupation and the number of occupations that are nontraditional for women;
(5) Adopt rules necessary to carry out the intent and purpose of this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A;
(6) Make an annual report by March 1st of each year to the Governor, the joint standing committee of the Legislature having jurisdiction over labor matters, the joint standing committee of the Legislature having jurisdiction over education and cultural affairs and the joint standing committee of the Legislature having jurisdiction over business and economic development matters. The report must include, for each business assisted under this subsection, the name and location of each business, the number of apprentices, the return on investment and, when applicable, the number of new jobs created;
(7) Ensure availability and oversee coordination of related and supplemental instruction for apprentices; and
(8) Develop a biennial plan in consultation with the Department of Labor and develop an evaluation tool and process that facilitates a review of the apprenticeship program outcomes based on the committee's biennial goals and objectives. As a result of this process, the committee may initiate programs that promote apprenticeship and work force development.
(1) A statement of the occupation to be taught and the required hours for completion of apprenticeship;
(2) A statement of the major work processes in the occupation to be taught and the approximate amount of time to be spent at each process;
(3) A statement of educational subjects to be studied and mastered, including on-the-job-training work experience. An agreement must state the number of hours required to complete an apprenticeship and indicate the approximate number of hours spent in each process and each training component;
(4) A statement that the apprentices may not be less than 16 years of age;
(5) A statement of the progressively increasing scale of wages to be paid the apprentice;
(6) A period of probation during which the committee shall terminate the apprentice agreement upon the written request of any party to the apprentice agreement. After the probationary period, the committee may terminate the registration of an apprentice upon agreement of the parties;
(7) A statement that, when differences arising out of the apprentice agreement can not be adjudged locally or in accordance with the occupation's established procedures, the services of the committee may be used for consultation regarding the settlement of the differences;
(8) A statement that if an employer is unable to fulfill its obligation under the apprentice agreement, the employer may transfer the obligation to another employer;
(9) A statement that there may be no discrimination based on sex, race, creed or color in employing apprentices; and
(10) Additional standards as may be prescribed in accordance with this subsection.
(1) The Bureau of Employment Services must have a director of apprenticeship and training who supervises the execution of agreements and the maintenance of standards.
(2) The Bureau of Employment Services shall keep a record of apprentice agreements and programs and ensure that all aspects of related and supplemental instruction are delivered and coordinated in a timely manner.
(3) Apprenticeship field staff may be retained by agreements between the Bureau of Employment Services and its service provider network. Field staff are responsible for promoting apprenticeships to employers, writing apprenticeship programs and carrying out delegated council duties.
(4) The committee's budget request must be incorporated into the overall budget of the Department of Labor.
(5) The Commissioner of Labor is ultimately responsible for selecting and supervising all personnel employed by the committee, providing adequate staff support to the committee and disbursing funds according to committee policy.
(1) The committee shall cooperate with the Department of Education, local school authorities, such as adult education and career and technical education centers, and other groups in organizing and establishing related or supplemental instruction for apprentices employed under approved agreements.
(2) An educational institution or apprenticeship sponsor may provide related and supplemental instruction according to the policies established by the committee. Educational providers shall identify a contact person for the committee staff. As funds permit, the Department of Labor shall underwrite 50% of tuition costs for apprentices in good standing at public educational institutions and provide tuition assistance to sponsor groups in accordance with committee policies. To ensure that adequate funds are available for tuition, the committee shall provide the Commissioner of Labor with its biennial plan, including projected apprenticeship enrollments and a subsequent budget request.
(3) The committee shall assist the Department of Education, the State's community colleges, local school authorities, such as adult education and career and technical education centers, and other groups in developing training courses to establish preapprenticeship training programs if the community colleges, local schools and other groups wish to do so. Successful completion of preapprenticeship training programs enables a participant to meet the qualifying standards of the apprenticeship for which the participant has expressed serious interest. All preapprenticeship training programs are subject to approval by the committee.
(1) Advise, consult and assist the executive and legislative branches of State Government on activities of State Government that affect the employment of disabled individuals. The standing committee is solely advisory in nature. The standing committee may advise regarding state and federal plans and proposed budgetary, legislative or policy actions affecting disabled individuals;
(2) Serve as an advocate on behalf of disabled citizens promoting and assisting activities designed to further equal opportunity for people with disabilities;
(3) Conduct educational programs considered necessary to promote public understanding of the employment-related needs and abilities of disabled citizens of this State;
(4) Provide information, training and technical assistance to promote greater employer acceptance of disabled workers;
(5) Advise and assist employers and other organizations interested in developing employment opportunities for disabled people; and
(6) Work with state and local government officials, organizations representing persons with disabilities and the business community to inform the public of the benefits of making facilities and services accessible to and usable by individuals with disabilities ; monitor the enforcement of state and federal laws regarding accessibility; and advise and assist building owners by disseminating information about accessibility and by making technical assistance available when appropriate.
(1) Support the development, maintenance and operation of the Comprehensive Career, Occupational and Economic Data-based System, established in section 1451, and foster communication and coordination of education, employment and training programs through the use of the system;
(2) Develop and implement an overall system for coordinating and delivering occupational and economic supply and demand information, using standardized techniques as feasible, to employment, training, career and technical education and vocational rehabilitation agencies; economic development agencies; private industry; and individuals;
(3) Facilitate the use of occupational and economic information in planning and allocating employment, training, career and technical education and vocational rehabilitation programs;
(4) Facilitate the use of career and occupational information in both school and nonschool settings through promotion and support of career education programs and activities;
(5) Provide the Governor with the comprehensive occupational and economic information required to improve the coordination of employment, training, career and technical education and vocational rehabilitation programs to meet commonly defined needs; and
(6) Recommend to the Governor legislative and executive initiatives designed to increase the utility of the Comprehensive Career, Occupational and Economic Data-based System as the system relates to a more effective coordination of employment, training, career and technical education and vocational rehabilitation programs, especially as these programs support economic development initiatives as the system relates to industrial recruitment and expansion efforts, and as the system relates to the delivery of career information to those involved in the career decision-making process.
(1) Developing and continuously improving a statewide system of activities funded under the Act or carried out through a one-stop delivery system described in Section 134(c) of the Act including review of local plans and development of linkages to ensure coordination and nonduplication among the programs and activities with required and optional partners described in Section 121(b) of the Act;
(2) Designating local areas as required in Section 116 of the Act;
(3) Developing allocation formulas for the distribution to local areas of funds for youth activities and adult employment and training activities as allowed under Sections 133(b)(3)(B) and 128(b)(3)(B) of the Act;
(4) Developing and continuously improving comprehensive state performance measures including state-adjusted levels of performance to assess the effectiveness of the workforce investment activities of the State as required under Section 136(b) of the Act;
(5) Developing an application for an incentive grant under Section 503 of the Act;
(6) Preparing an annual report to the United States Secretary of Labor as described in Section 136(d) of the Act;
(7) Commenting on Evaluating measures taken pursuant to Section 113(b)(14) of the federal Carl D. Perkins Vocational and Applied Technology Education Act, 20 United States Code, Section 2323(b)(14); and
(8) Developing the statewide statistics system described in Section 15(e) of the federal Wagner-Peyser Act, 29 United States Code, Section 491-2(e).
(1) Apprenticeship, with its membership specified in subsection 5-A, paragraph B;
(3) Employment of people with disabilities; and
(4) Women's employment issues . ;
(5) Older workers;
(6) Veterans employment; and
(7) The Program Policy Committee.
(1) The local areas;
(2) Adult education;
(4) Providers that specialize in women's workforce issues;
(5) Rehabilitation providers;
(7) The University of Maine System;
(8) The Maine Community College System;
(9) Career and technical education; and
(10) The Department of Economic and Community Development, the Department of Education, the Department of Health and Human Services, the Department of Labor and the State Planning Office.
The Commissioner of Education and the Commissioner of Labor are authorized to adopt joint rules as may be necessary to carry out the State's responsibility under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.
The council board shall establish bylaws for its governance. These bylaws are subject to the Governor's approval.
Sec. 4. 26 MRSA §2033, sub-§4, ¶A, as amended by PL 2007, c. 506, §2, is further amended to read:
(1) Identified by the Center for Workforce Research and Information as providing opportunity for employment in jobs with high compensation;
(2) Recommended by the Maine Jobs Council State Workforce Investment Board; and
(3) Approved by the Governor or the Governor's designee.
Sec. 5. 32 MRSA §1101, sub-§1, as amended by PL 2009, c. 415, Pt. A, §17, is further amended to read:
Sec. 6. 35-A MRSA §10104, sub-§9, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:
This bill changes the name of the Maine Jobs Council to the State Workforce Investment Board. The bill also renames the technical support group for the Maine Jobs Council as the Program Policy Committee, makes it a standing committee of the board and changes the possible membership on the Program Policy Committee to include representatives of organizations that conduct programs or activities specified in the federal Workforce Investment Act of 1998. The bill adds 2 other standing committees to the board, one on older workers and one on veterans employment. It repeals the Standing Committee on Apprenticeship, the duties of that standing committee and the requirement that the council perform the duties of the former Maine Occupational Information Coordinating Committee. The bill corrects references to the Maine Jobs Council to comport with the new name.