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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 114
S.P. 365 - L.D. 1093

An Act to Conform State Workforce Development Laws to the Federal Workforce Investment Act of 1998

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 5 MRSA §1507, sub-§5-A, as repealed and replaced by PL 1993, c. 349, §7, is amended to read:

     5-A. Job development training. The Governor may allocate funds from such account in amounts not to exceed in total the sum of $1,000,000 to provide funds for any unusual, unforeseen or extraordinary needs for state assistance in creating jobs by assisting in meeting the training requirements of labor-intensive new or expanding industries. In fiscal year 1989-90, $75,000 of this amount may also be allocated for immediate job training, unemployment counseling, retraining and other assistance to displaced workers. In fiscal year 1989-90, an additional $75,000 of this amount may also be allocated for immediate job training, unemployment counseling, retraining and other assistance to displaced workers in the midcoast area of the State. Allocations for this purpose may be made from this fund by the Governor only upon the written request of the Commissioner of Labor and the Commissioner of Economic and Community Development and after consultation with the State Budget Officer. The commissioners' request to the Governor must be formulated subsequent to their consultation with the Commissioner of Education, the President of the Maine Technical College System and the director of the appropriate service delivery local workforce investment area as defined by the Job Training Partnership Act designated pursuant to the federal Workforce Investment Act of 1998, Public Law 105-220.

     Sec. 2. 5 MRSA §1737, sub-§4, as amended by PL 1997, c. 46, §1, is further amended to read:

     4. Directed services. Notwithstanding the provisions of subsection 2, the director may provide insurance advice or services for family foster homes as defined in Title 22, section 8101, subsection 3; specialized children's homes, as defined in Title 22, section 8101, subsection 5; respite care providers as defined in Title 34-B, section 6201, subsection 2-A; the Casco Bay Island Transit District created by Private and Special Law 1981, chapter 22; the University of Maine System; the Maine Technical College System; the Maine Maritime Academy; and the State's service delivery local workforce investment areas designated under the federal Job Training Partnership Act Workforce Investment Act of 1998, Public Law 97-300, as amended 105-220.

     Sec. 3. 20-A MRSA §12704, sub-§2, ¶D, as amended by PL 1995, c. 560, Pt. G, §5 and affected by §29, is further amended to read:

     Sec. 4. 26 MRSA c. 25 is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 25
WORKFORCE INVESTMENT

     Sec. 5. 26 MRSA §2001, as enacted by PL 1983, c. 258, §1, is amended to read:

§2001. Definitions

     As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.

     1. Act. "Act" means the Job Training Partnership Act, as established by the Federal Job Training Partnership Act, Public Law 97-300, enacted October 13, 1982.

     2. Commissioner. "Commissioner" means the Commissioner of Labor.

     3. Job Training Partnership Fund. "Job Training Partnership Fund" means a separate fund created by this chapter implementing the Job Training Partnership Act.

     4. Local area and local board. "Local area" and "local board" have the same meanings as provided in the Workforce Investment Act.

     5. Workforce Investment Act. "Workforce Investment Act" means the federal Workforce Investment Act of 1998, Public Law 105-220.

     Sec. 6. 26 MRSA §2002, as amended by PL 1983, c. 480, Pt. B, §28, is repealed.

     Sec. 7. 26 MRSA §2003, as enacted by PL 1983, c. 258, §1, is amended to read:

§2003. Authority of commissioner

     The commissioner may enter into agreements with agencies of the Federal Government, State Government or county government as required for the purpose of implementing the Federal Job Training Partnership Workforce Investment Act.

     Sec. 8. 26 MRSA §2004, as amended by PL 1987, c. 542, Pt. F, §§3 and 5, is repealed.

     Sec. 9. 26 MRSA §2004-A is enacted to read:

§2004-A. Authority of Legislature

     The Legislature has general authority to oversee implementation of the Workforce Investment Act, including, but not limited to, authority to:

     1. Review plans. Review plans, policies and standards proposed by a local board, the Maine Jobs Council, the Governor or any other agency under the Workforce Investment Act before final approval by the responsible entity;

     2. Review evaluations. Review the procedures and findings of evaluations of the effectiveness of the State's implementation of the Workforce Investment Act; and

     3. Receive reports. Receive reports prepared by the Maine Jobs Council, a local board, the Governor or any agency in connection with implementation of the Workforce Investment Act, including the report required by section 3101.

     Sec. 10. 26 MRSA §2006, sub-§§1 and 2, as enacted by PL 1997, c. 410, §12 and affected by §13, are amended to read:

     1. Responsibilities. The Maine Jobs Council is established and in this section is referred to as the "council." The council will to ensure that the State's workforce development system helps Maine people and businesses compete successfully in the global economy. Specific responsibilities include but are not limited to:

     2. Membership. The council consists of members appointed by the Governor.

The Governor shall ensure that the council and its technical support group have sufficient expertise to effectively carry out the duties and functions of the council.

     Sec. 11. 26 MRSA §2006, sub-§5, as amended by PL 1997, c. 683, Pt. D, §§7 and 8, is repealed.

     Sec. 12. 26 MRSA §2006, sub-§5-D, as enacted by PL 1997, c. 683, Pt. D, §9, is repealed and the following enacted in its place:

     5-D. Workforce investment. In addition to its other duties, the council shall perform the duties of the state board under the Workforce Investment Act, referred to in this subsection as "the Act."

     Sec. 13. 26 MRSA §2006, sub-§7, ¶C, as enacted by PL 1997, c. 410, §12 and affected by §13, is amended to read:

     Sec. 14. 26 MRSA §2007 is enacted to read:

§2007. Funding

     Funds received from the United States pursuant to the Workforce Investment Act must be deposited in the Employment Services Activity program account within the Department of Labor. Funds must be deposited, administered and disbursed in the same manner and under the same conditions and requirements as provided by law for other federal funds in the State Treasury. The commissioner shall ensure that management and use of the federal funds comply with the requirements of the Workforce Investment Act. Federal funds in the account do not lapse but must be carried forward to be used to implement the Workforce Investment Act.

     Sec. 15. 26 MRSA §2023, sub-§1, ¶C, as enacted by PL 1991, c. 807, §2, is amended to read:

     Sec. 16. 26 MRSA §2053, as enacted by PL 1985, c. 346, §2, is repealed.

     Sec. 17. 26 MRSA c. 33 is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 33
MAINE WORKFORCE INVESTMENT SYSTEM

     Sec. 18. 26 MRSA §2171, as corrected by RR 1995, c. 1, §25, is repealed.

     Sec. 19. 26 MRSA §2171-A is enacted to read:

§2171-A. Maine Workforce Investment System

     This chapter applies to actions taken under the Maine Workforce Investment System. For the purposes of this chapter, the "Maine Workforce Investment System" means all state and federal education and training programs administered by the Department of Labor and operated by a network of local boards and service delivery providers, including:

     1. Workforce Investment Act. The state program under the federal Workforce Investment Act of 1998, Public Law 105-220; and

     2. Maine Conservation Corps. The Maine Conservation Corps under chapter 34.

     Sec. 20. 26 MRSA §2172, sub-§1, as enacted by PL 1989, c. 408, §3, is amended to read:

     1. Application. This section applies to all on-the-job training contracts entered into by any agency or organization, public or private, that provides a wage subsidy for a trainee with public funds, including all contracts written under the Maine Job Training Workforce Investment System.

     Sec. 21. 26 MRSA §2172, sub-§4, as enacted by PL 1989, c. 408, §3, is amended to read:

     4. Apprenticeable occupations. With respect to each placement under the Maine Job Training Workforce Investment System, the Department of Labor shall:

     Sec. 22. 26 MRSA §2172-A, sub-§1, as enacted by PL 1993, c. 630, Pt. A, §1, is amended to read:

     1. Notification to training applicants. The Department of Labor shall explain to each person seeking to enroll in a Maine Job Training Workforce Investment System program the general nature of registered apprenticeship programs, that a registered apprenticeship program is one of the job training options available under the Maine Job Training Workforce Investment System and ascertain that person's interest in such a program.

     Sec. 23. 26 MRSA §2172-A, sub-§2, ¶¶B and C, as enacted by PL 1993, c. 630, Pt. A, §1, are amended to read:

     Sec. 24. 26 MRSA §2173, first ¶, as enacted by PL 1989, c. 408, §3, is amended to read:

     Each person enrolled in a program under the Maine Job Training Workforce Investment System shall must be provided an informational pamphlet on labor law which that explains the person's rights and responsibilities and lists the appropriate agency to contact for additional information. The informational pamphlet shall must be developed and disseminated to all Maine Job Training Workforce Investment System service providers by January 1, 1990.

     Sec. 25. 26 MRSA §2173, sub-§§2 and 3, as enacted by PL 1989, c. 408, §3, are amended to read:

     2. Review with providers. To enhance the trainees' knowledge of labor law, the Maine Job Training Workforce Investment System service providers shall, when offering prevocational services to program participants, review the content of the informational pamphlet with the program participants, unless the participants have already received this review.

     3. Staff training. The direct service staff of the Maine Job Training Workforce Investment System service providers shall must receive training to expand their knowledge of the labor laws contained in the informational pamphlet.

     Sec. 26. 26 MRSA §2182, as amended by PL 1999, c. 532, §1, is further amended to read:

§2182. Participants

     The Corps shall strive to include a diversity of participants. Priority must be given to those whose family income is 150% or less of the nonfarm income official poverty line as defined by the federal Office of Management and Budget as revised annually in accordance with the United States Omnibus Budget Reconciliation Act of 1981, Section 673, Subsection 2 and to those who are economically disadvantaged low-income individuals as defined by the United States Job Training Partnership Act, Subchapter II, Public Law 97-300 federal Workforce Investment Act of 1998, 29 United States Code, Section 2801. A person is not eligible if that person has left a secondary school for the purpose of participating in this program. Corps members may be jointly enrolled in any state or local job training program or human resource development program.

Effective September 13, 2003, unless otherwise indicated.

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