This is our starting text

SB-1288, As Passed Senate, June 29, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1288

A bill to establish the Michigan works one-stop service center

system to deliver workforce development programs and services

tailored to local needs; to provide for Michigan works areas; to

provide for local workforce development boards; to provide for

education advisory groups; to provide for consolidated access to

employment and retention programs in one-stop service centers; and

to prescribe the powers and duties of the Michigan works one-stop

service center system and of certain state and local governmental

officers and agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"Michigan works one-stop service center system act".

Sec. 3. As used in this act:

(a) "Chief elected official" means a chief elected official of

a unit of general local government.

(b) "Department" means the department of labor and economic

growth.

group described in section 23.

(d) "Michigan works agency" means an entity designated to be

the administrator for workforce development activities in a local

Michigan works area under the guidance of the local workforce

development board.

(e) "Michigan works area" means a geographic area that the

governor designates as a local workforce investment area under

section 116 of the workforce investment act, 29 USC 2831, including

an area designated and recognized under that act before the

effective date of this act.

(f) "Michigan works one-stop service center" means a facility

designated to provide access to services delivered under the

Michigan works one-stop service center system and certified as

meeting standards established by the department.

(g) "Michigan works one-stop service center system" means the

integrated and coordinated system of local boards, agencies,

service centers, and advisory groups described in section 5 to

deliver workforce development services and implement federal and

state law.

(h) "Local workforce development board" means a local

workforce investment board established as provided in section 9.

(i) "Workforce investment act" means the workforce investment

act of 1998, 29 USC 2801 to 2945.

Sec. 5. (1) The Michigan works one-stop service center system

is created to provide an integrated and coordinated system for

delivery of workforce development programs and services tailored to

local needs, including, but not limited to, portions of services

and programs regulated or funded under all of the following state

and federal laws:

(a) Title I of the workforce investment act, Public Law 105-

220.

(b) The Wagner-Peyser act, 29 USC 49 to 49c and 49d to 49l-2.

(d) Section 57f of the social welfare act, 1939 PA 280, MCL

400.57f.

(e) Section 6(d)(4) of the food stamp act of 1977, 7 USC 2015.

(f) Reed act transfers under 42 USC 1101 to 1110.

(2) The system consists of the local workforce development

board in each Michigan works area, Michigan works agencies,

Michigan works one-stop service centers, and education advisory

groups.

Sec. 7. The governor shall designate Michigan works areas in

the state in accordance with section 116 of the workforce

investment act, 29 USC 2831.

Sec. 9. The chief elected official in each Michigan works area

shall appoint and the governor shall certify a local workforce

development board for that Michigan works area in accordance with

section 117 of the workforce investment act, 29 USC 2832.

Sec. 11. All of the following apply to a local workforce

development board:

(a) A majority of the members of a local workforce development

board shall be representatives of the private sector appointed from

a list of individuals nominated by local business organizations and

business trade associations.

(b) A local workforce development board shall include

representatives of education, the department of human services, the

department of labor and economic growth, vocational rehabilitation

providers, organized labor, economic development organizations, and

community-based organizations. Representatives of government

agencies shall be nominated by the department.

appointed for fixed and staggered terms.

(d) The chairperson of the local workforce development board

shall be an individual from the private sector elected by the

board.

Sec. 13. A local workforce development board shall do all of

the following in cooperation with the chief elected officials in

the Michigan works area:

(a) Develop and submit to the governor a plan for coordinating

local workforce development services for employers and job seekers

in the area. The plan shall provide for access to designated core

services with no fees or charges and shall provide services beyond

the core services based on eligibility criteria.

(b) Award competitive grants or contracts to eligible

providers.

(d) Employ staff necessary to carry out the duties of the

board.

(e) Solicit and accept grants and donations.

(f) Oversee the operation of the one-stop delivery of services

through the Michigan works one-stop service center system.

(g) Establish local performance standards through negotiation

with the department for evaluating and improving the Michigan works

one-stop service center system.

(h) Coordinate workforce development activities with other

economic development activities and strategies in the Michigan

works area.

(i) Promote private sector employer participation in the

Michigan works one-stop service center system.

(j) Make available connecting, brokering, and coaching

activities through intermediaries to help meet employer hiring

needs.

(k) Appoint an education advisory group and its chair.

(l) Conduct business at public meetings held in compliance with

the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and make

information available to the public concerning performance of its

duties or other information requested under the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246.

(m) Any other duties, functions, or responsibilities required

of the board to implement the workforce investment act or state or

federal law.

Sec. 15. (1) A local workforce development board and each

member of the board shall avoid a conflict of interest with duties

of the board. Except as provided in subsection (2), an individual

shall not be appointed to or serve on a local workforce development

board if he or she has an ownership interest in or is employed by

an organization that receives money under the direct control of the

board or if the individual engages in any other activity that

creates a conflict of interest or what would appear to a reasonable

person to be a conflict of interest.

(2) An individual who has an interest in or is employed by an

entity that receives money under the partial or complete control of

the local workforce development board may be appointed to or

continue to serve on the board if the individual does not hold a

policy-making position with the entity and would not receive other

than a remote or incidental benefit from the board's decisions.

(3) The exception to the strict conflict of interest policy

provided in subsection (2) applies to allow local workforce

development board representation from entities such as a school

that enrolls students with tuition paid from funds under the

control of the board, a government agency from which representation

is required, and an employer that accepts compensation for

extraordinary costs of providing on-the-job training from funds

under the board's control.

Sec. 17. The local workforce development board and local

officials in each Michigan works area shall designate an entity to

perform administrative functions. The entity shall be 1 of the

following:

(a) A public office or agency of a local unit of government

within the Michigan works area.

(b) A private nonprofit agency servicing 1 or more units of

local government within the Michigan works area.

Senate Bill No. 1288 as amended June 29, 2006

501(c)(3) of the internal revenue code, 26 USC 501.

(d) An entity organized under the urban cooperation act of

1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or 1967 (Ex

Sess) PA 8, MCL 124.531 to 124.536.

Sec. 19. (1) An administrative entity designated under section

17 shall serve as the administrator for state and federal funding

provided to the workforce development board for workforce

development services and activities in the Michigan works area.

Subject to subsection (2), an administrative entity designated

under section 17 may engage in any activity necessary to fulfill

the intent of this act, including, but not limited to, the

following:

(a) Informing the state, units of local government, private

agencies and organizations, and the general public of the nature

and extent of the need for workforce development services for

businesses and individuals within the Michigan works area.

(b) Developing and administering local workforce development

programs within the Michigan works area.

effectiveness of>>

innovative approaches to reduce unemployment, improve services, and

utilize resources.

(d) Providing and advocating for training and technical

assistance to public and private agencies, community groups, and

local units of government to better define problems, improve

services, and facilitate citizen participation.

(e) Increasing interagency coordination and cooperation in

Senate Bill No. 1288 as amended June 29, 2006

serving businesses and individuals.

(f) Entering into agreements with federal, state, and local

public and private agencies and organizations if necessary to carry

out the purposes of this act.

(g) Receiving and accepting grants or gifts to support or

promote the activities authorized by this act.

(h) Implementing and operating Michigan works one-stop service

centers.

(i) Engaging in any other activity necessary to fulfill the

intent of this act.

(2) Except for incumbent worker training and business

services, an administrative entity designated under section 17

shall not provide workforce development services directly to job

seekers and individual trainees without the approval of the

governor.

<<(3) The department shall establish criteria and procedures for approving all pilot or demonstration projects described in subsection (1)(c) that are funded by the department.>>

Sec. 21. (1) Except as provided in subsection (2), an

administrative entity designated under section 17 shall provide

state or federally funded workforce development services to program

applicants and participants only through service providers selected

by a competitive procurement process established in accordance with

department policy and applicable state law.

(2) An administrative entity designated under section 17 may

provide state or federally funded services directly to program

applicants and participants without contracting with a service

provider, if the department determines after a competitive

procurement process that no other provider is capable of providing

the required services within the limits of available funding and

Senate Bill No. 1288 as amended June 29, 2006

cost to benefit analysis.

(3) Except as otherwise provided in this section, an

administrative entity designated under section 17 may enter into

any agreement necessary to deliver services under this act.

Sec. 23. (1) A local workforce development board shall appoint

an education advisory group to operate in the Michigan works area

and serve in an advisory capacity to the board on educational

issues. The board shall appoint the chairperson of that group.

(2) An education advisory group appointed under this section

shall include local workforce development board members and

representatives of employers, labor representatives, local school

districts, postsecondary institutions, intermediate school

districts, career and technical educators, public school parents,

and academic educators. An education advisory group member shall be

employed in the sector he or she represents.

(3) The conflict of interest provisions in section 15 do not

apply to the members of an education advisory group appointed under

this section.

<<Sec. 25. The department shall oversee and evaluate the activities of the Michigan works agencies and shall require Michigan works agencies to report information to the department to facilitate the oversight. All the reported information shall be available to the public.>>