CSSB 142(STA): "An Act establishing the Alaska Human Resource Investment Council and transferring certain functions of other entities to the council; abolishing the Employment Security Advisory Council; establishing a planning mechanism for employment training and other human resource investment needs; and providing for an effective date."
00CS FOR SENATE BILL NO. 142(STA) 01 "An Act establishing the Alaska Human Resource Investment Council and 02 transferring certain functions of other entities to the council; abolishing the 03 Employment Security Advisory Council; establishing a planning mechanism for 04 employment training and other human resource investment needs; and providing 05 for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. LEGISLATIVE FINDINGS AND PURPOSE. (a) The legislature finds that 08 (1) Alaska's most important resource is its people and a well-trained work force 09 is essential for economic opportunity and the future fiscal well-being of the state; 10 (2) if the state is to be competitive, it must continue to produce a literate, 11 reliable, skilled, and professional work force in order to meet the current and future needs of 12 the state's employers; 13 (3) to continue to produce a competitive work force, the work force 14 development and education programs in this state must be integrated to provide a
01 comprehensive system of education and training opportunities necessary to maintain the 02 readiness of the state's work force now and in the future; 03 (4) to maximize the effectiveness of education and job training opportunities 04 in the state, an alliance of available resources in the public and private sectors in the state is 05 essential; 06 (5) the creation of an alliance of education and job training opportunities in 07 the state is consistent with national efforts to consolidate federally funded programs into an 08 integrated system to provide a single entity to address issues in these programs; 09 (6) the creation of the Alaska Human Resource Investment Council will serve 10 a vital role in forging such an alliance among all these programs to make training accessible 11 to every Alaskan, to allow Alaskans, especially those persons in rural Alaska, to compete in 12 the job marketplace. 13 (b) The purposes of this Act are 14 (1) to establish the Alaska Human Resource Investment Council to develop and 15 oversee the implementation of a comprehensive state human resource investment system; 16 (2) to promote an efficient, effective, and integrated system of employment 17 education and training programs and services so that all Alaskans have the skills and 18 opportunities necessary to earn a living wage and to meet the future business needs of the 19 state. 20 * Sec. 2. AS 14.35.020(b) is amended to read: 21 (b) When required by any of the Acts described in AS 14.35.010 the board 22 shall 23 (1) prepare, submit, and supervise the administration of the plans for 24 vocational education and vocational rehabilitation; 25 (2) select a state director of vocational education; 26 (3) establish the minimum qualifications for teachers, supervisors, or 27 directors; 28 (4) determine the prorated basis on which money shall be available for 29 the salary and necessary travel expenses of the state director of vocational education; 30 (5) consider the advice of the Alaska Human Resource Investment 31 Council established by AS 44.19.620 regarding employment training needs and
01 advise that council in the development of vocational education programs. 02 * Sec. 3. AS 14.42.015(a) is amended to read: 03 (a) There is in the Department of Education the Alaska Commission on 04 Postsecondary Education consisting of 05 (1) two members of the Board of Regents of the University of Alaska 06 designated by the members of that body; 07 (2) one person representing private higher education in the state 08 selected jointly by the Boards of Trustees of Alaska Pacific University and Sheldon 09 Jackson College from among their membership; 10 (3) one person representing the Department of Education selected by 11 the state Board of Education; 12 (4) four persons broadly and equitably representative of the general 13 public appointed by the governor; 14 (5) one member of the Alaska Human Resource Investment Council 15 established by AS 44.19.620 [STATE ADVISORY COUNCIL ON VOCATIONAL 16 EDUCATION] designated by the members of that body; 17 (6) one person from the members of the local community college 18 advisory councils appointed by the governor; 19 (7) two members from the legislature, one of whom shall be appointed 20 by the president of the senate and one by the speaker of the house of representatives; 21 (8) one person appointed in accordance with (e) of this section who is 22 a full-time student as defined in AS 14.43.160; 23 (9) one administrator appointed by the governor from a proprietary 24 institution of postsecondary education that has an authorization to operate in the state 25 issued under AS 14.48. 26 * Sec. 4. AS 39.50.200(b) is amended by adding a new paragraph to read: 27 (55) Alaska Human Resource Investment Council (AS 44.19.620). 28 * Sec. 5. AS 44.19 is amended by adding new sections to read: 29 ARTICLE 12. ALASKA HUMAN RESOURCE INVESTMENT COUNCIL. 30 Sec. 44.19.620. ALASKA HUMAN RESOURCE INVESTMENT COUNCIL. 31 (a) The Alaska Human Resource Investment Council is established in the Office of
01 the Governor. The council consists of the following voting members, not to exceed 02 26: 03 (1) the lieutenant governor or the lieutenant governor's designee; 04 (2) the commissioners of commerce and economic development, 05 community and regional affairs, education, health and social services, and labor, or 06 each respective commissioner's designee; 07 (3) one representative from the University of Alaska; 08 (4) four additional representatives of education, with one from local 09 public education, one from secondary vocational education, one from a postsecondary 10 vocational education institution, and one from adult basic education; 11 (5) four representatives of business and industry, with at least one 12 representative from the private industry councils appointed under 29 U.S.C. 1512 and 13 subject to reconstitution under 29 U.S.C. 1515; 14 (6) four representatives of organized labor that the governor shall 15 appoint from lists of nominees submitted by recognized state labor organizations; the 16 governor may reject a list submitted under this paragraph and request that another list 17 be submitted; 18 (7) at least one representative from an organization representing 19 employment and training needs of Alaska Natives; 20 (8) at least one representative of a community-based service 21 organization; 22 (9) at least one representative who has personal or professional 23 experience with developmental disabilities; and 24 (10) at least one and up to four additional members of the private 25 sector to ensure a private sector majority and regional and local representation on the 26 council. 27 (b) Additional nonvoting members may be appointed to the council from 28 government or nongovernment entities. 29 Sec. 44.19.621. APPOINTMENT AND TERM OF MEMBERS. (a) Members 30 of the Alaska Human Resource Investment Council other than those listed in 31 AS 44.19.620(a)(1) and (2) are appointed by the governor and serve at the pleasure
01 of the governor. 02 (b) The voting members of the council other than those listed in 03 AS 44.19.620(a)(1) and (2) serve for staggered four-year terms and may serve until a 04 successor is appointed. An appointment to fill a vacancy shall be made in the same 05 manner as the original appointment and for the balance of the unexpired term. 06 (c) The governor shall ensure that individuals appointed to the council have 07 sufficient expertise to effectively carry out the duties of the council. Expertise of the 08 council includes, where appropriate, knowledge of the long-term needs of individuals 09 preparing to enter the work force; the needs of local, state, and regional labor markets; 10 and the methods for evaluating the effectiveness of vocational training programs in 11 serving varying populations. 12 Sec. 44.19.622. COMPENSATION. Members of the Alaska Human Resource 13 Investment Council listed in or appointed under AS 44.19.620(a) serve without 14 compensation but are entitled to per diem and travel expenses authorized by law for 15 boards and commissions under AS 39.20.180. Nonvoting members of the council 16 appointed under AS 44.19.620(b) serve without compensation and are not entitled to 17 per diem and travel expenses. 18 Sec. 44.19.623. OFFICERS. The Alaska Human Resource Investment Council 19 shall elect a chair from among the members listed in or appointed under 20 AS 44.19.620(a) who are from the private sector. They shall also elect a vice-chair. 21 The chair and vice-chair serve in their positions at the pleasure of the council. 22 Sec. 44.19.624. MEETINGS, QUORUM, AND COMMITTEES. (a) The 23 Alaska Human Resource Investment Council shall meet at the call of the chair to 24 conduct its business. A majority of the members listed in or appointed to the council 25 under AS 44.19.620(a) constitutes a quorum. 26 (b) The council may establish standing and special committees or 27 subcommittees, not necessarily consisting of council members, to advise and assist the 28 council in carrying out its functions assigned by federal or state statute. 29 Sec. 44.19.625. COUNCIL AS STATE PLANNING ENTITY. The Alaska 30 Human Resource Investment Council shall act as the lead state planning and 31 coordinating entity for state human resource programs administered under
01 (1) 29 U.S.C. 1501 - 1792b (Job Training Partnership Act); 02 (2) 20 U.S.C. 2301 - 2471 (Carl D. Perkins Vocational and Applied 03 Technology Education Act); 04 (3) 20 U.S.C. 1201 - 1213d (Adult Education Act); 05 (4) 29 U.S.C. 49 - 49l-1 (Wagner - Peyser Act); 06 (5) 42 U.S.C. 681 - 687 (Job Opportunities and Basic Skills Training 07 Program) for needy families with children under the Social Security Act; 08 (6) the employment program established under 7 U.S.C. 2015(d)(4) 09 (Food Stamp Act of 1977); 10 (7) all federal programs designated as successors to the programs listed 11 in (1) - (6) of this section; and 12 (8) all state laws involving employment training, vocational education, 13 workforce development, and community service. 14 Sec. 44.19.626. FUNCTIONS OF THE COUNCIL. (a) As the lead state 15 planning and coordinating entity, the Alaska Human Resource Investment Council has 16 responsibility, to the extent authorized by federal and state law, for planning and 17 coordinating federal, state, and local efforts in human resource programs in this state 18 related to employment training. 19 (b) The council shall 20 (1) facilitate the development of statewide policy for a coordinated and 21 effective employment training and education system in this state; 22 (2) identify the human resource investment needs in the state and 23 develop a plan to meet those needs; 24 (3) review the provision of services and the use of money and resources 25 by the human resource programs listed in AS 44.19.625; 26 (4) assume the duties and functions of the state councils described 27 under the laws relating to the federal human resource programs listed in AS 44.19.625; 28 (5) advise the governor and state and local agencies on the development 29 of state and local standards and measures relating to applicable human resource 30 programs; 31 (6) submit, to the governor and the legislature, a biennial strategic plan
01 to accomplish the goals developed to meet human resource investment needs; 02 (7) monitor for the implementation and evaluate the effectiveness of the 03 strategic plan developed by the council; and 04 (8) adopt regulations under AS 44.62 (Administrative Procedure Act) 05 to carry out the purposes of AS 44.19.620 - 44.19.627. 06 (c) The council may receive money designated for human resource programs 07 and may disburse money, including grants, to human resource projects in accordance 08 with AS 37.07 (Executive Budget Act). The council may enter into partnership 09 agreements through appropriate administrative agencies with private industry training 10 entities within the state in order to facilitate the coordination of training opportunities. 11 Sec. 44.19.627. ADMINISTRATION. (a) The Office of the Governor shall 12 provide professional, technical, and administrative staff for the Alaska Human 13 Resource Investment Council. 14 (b) Subject to legislative appropriations, and in accordance with AS 37.07 15 (Executive Budget Act), the council's budget is funded from programs for which the 16 council is the lead state planning and coordinating entity under AS 44.19.625. 17 * Sec. 6. AS 44.47.752 is amended to read: 18 Sec. 44.47.752 ADMINISTRATION. (a) The Alaska Human Resource 19 Investment [STATE JOB TRAINING COORDINATING] Council established in 20 AS 44.19.620 [UNDER 29 U.S.C. 1532] shall oversee the incentive program. The 21 service delivery areas established under 29 U.S.C. 1511 and subject to redesignation 22 under 29 U.S.C. 1515 shall be used in the administration of the incentive program. The 23 private industry councils appointed under 29 U.S.C. 1512 and subject to reconstitution 24 under 29 U.S.C. 1515 shall serve as the private industry councils for the incentive 25 program. 26 (b) The [COORDINATING] council shall divide appropriations for the 27 incentive program equally among the private industry councils. If a private industry 28 council lacks sufficient money to fund a proposal, the private industry council may 29 apply to the [COORDINATING] council for additional funding. The 30 [COORDINATING] council may approve reallocation of money from one service 31 delivery area to another to fund a particular proposal if it finds that the reallocation
01 will best serve the purposes of the program. 02 (c) The [COORDINATING] council shall adopt regulations under AS 44.62 03 (Administrative Procedure Act) to implement AS 44.47.750 - 44.47.772. 04 * Sec. 7. AS 44.47.762(b) is amended to read: 05 (b) The [COORDINATING] council shall adopt regulations concerning 06 retention of records. 07 * Sec. 8. AS 44.47.762(c) is amended to read: 08 (c) The [COORDINATING] council shall report annually to the legislature 09 concerning the incentive program no later than February 1. 10 * Sec. 9. AS 44.47.772(1) is amended to read: 11 (1) "[COORDINATING] council" means the Alaska Human Resource 12 Investment [STATE JOB TRAINING COORDINATING] Council established in 13 AS 44.19.620 [UNDER 29 U.S.C. 1532]; 14 * Sec. 10. AS 47.25.310(b) is amended to read: 15 (b) When determining whether a person has sufficient work history for 16 purposes of qualifying for benefits as the unemployed principal wage earner in a 17 family that includes a dependent child, the department shall consider as quarters of 18 qualifying work up to four calendar quarters in the proper time period in which the 19 person (1) attended on a full-time basis an elementary school, a secondary school, or 20 a federally approved vocational or technical training course that is designed to prepare 21 the person for gainful employment; or (2) participated in an education or training 22 program established under 29 U.S.C. 1501 - 1792b ( [THE] Job Training Partnership 23 Act [(P.L. 97-300]) or a training and employment program operated or funded by the 24 Alaska Human Resource Investment Council established by AS 44.19.620 [STATE 25 JOB TRAINING COORDINATING COUNCIL IN THE DEPARTMENT OF 26 COMMUNITY AND REGIONAL AFFAIRS] through a grant from the Department 27 of Labor. A person may substitute quarters of education or training for quarters of 28 work only once in the person's lifetime to establish eligibility under AS 47.25.310 - 29 47.25.420. 30 * Sec. 11. AS 47.25.421(c) is amended to read: 31 (c) The department may carry out the program directly or through
01 arrangements or under contracts with administrative entities involved with 29 U.S.C. 02 1501 - 1792b ( [THE] Job Training Partnership Act [(P.L. 97-300]), as amended, with 03 state and local education agencies, and with other public agencies or private 04 organizations, including community-based organizations acceptable under federal 05 regulations. The department shall contract for services under the program when 06 feasible and in the state's interest. The department may adopt regulations to govern 07 the operation of the program components that are operated under contract by other 08 entities. Whether the department operates the program directly or through contract, 09 the department shall coordinate the program with programs operated in the state under 10 the Job Training Partnership Act and with other relevant employment, training, and 11 education programs available in the state, including programs operated by Indian or 12 Native organizations that receive grants from the federal government to operate their 13 programs under 42 U.S.C. 682(i) and programs operated or funded by the Alaska 14 Human Resource Investment Council established by AS 44.19.620 [STATE JOB 15 TRAINING COORDINATING COUNCIL IN THE DEPARTMENT OF 16 COMMUNITY AND REGIONAL AFFAIRS] through a grant from the Department 17 of Labor. The department shall consult with the Department of Education, the 18 Department of Labor, and the Department of Community and Regional Affairs to 19 promote coordination of the planning and delivery of services under the program with 20 programs operated by those departments. 21 * Sec. 12. Section 7(a), ch. 95, SLA 1989, is amended to read: 22 (a) The department may award a grant to the council [STATE JOB 23 TRAINING COORDINATING COUNCIL] to 24 (1) administer a state training and employment program; and 25 (2) award pilot project grants to qualified entities. 26 * Sec. 13. Section 7(b), ch. 95, SLA 1989, is amended to read: 27 (b) If a grant is awarded to the council [STATE JOB TRAINING 28 COORDINATING COUNCIL], the department shall annually provide to the council 29 a priority list of targeted projects or services, based on unemployment statistics, 30 unemployment insurance claims, occupational and industrial projections, availability 31 of other training and employment programs, and other relevant data. The department
01 shall also provide annually to the council a priority list of criteria for eligibility to 02 maximize services to those people most in need of training under this Act. In 03 developing the priority list for targeted projects and services, the department shall 04 solicit comments from the Department of Community and Regional Affairs, 05 Department of Education, Department of Commerce and Economic Development, 06 University of Alaska, organized labor, the council, and the administrative entities of 07 the substate service delivery areas established for the council. 08 * Sec. 14. Section 8(c), ch. 95, SLA 1989, is amended to read: 09 (c) [THE DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS 10 SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE COUNCIL TO 11 ADMINISTER THE PROGRAM.] To provide administration of the program, the 12 council may use the administrative entities of the substate service delivery areas 13 established for the council. 14 * Sec. 15. Section 9(1), ch. 95, SLA 1989, is amended to read: 15 (1) "council" means the Alaska Human Resource Investment [STATE 16 JOB TRAINING COORDINATING] Council established in AS 44.19.620 [THE 17 DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS UNDER 29 U.S.C. 18 1532 AND ADMINISTRATIVE ORDER NUMBER 74 OF THE GOVERNOR]; 19 * Sec. 16. AS 23.20.025, 23.20.520(9); AS 39.05.060(a)(3); and AS 39.50.200(b)(9) are 20 repealed. 21 * Sec. 17. TRANSITION. On a quarterly basis during a transition period beginning on the 22 effective date of this section and ending January 1, 1996, the boards and councils that oversee 23 the federal and state programs to be assumed by the Alaska Human Resource Investment 24 Council established by this Act shall hold joint meetings, to be attended by one or more 25 representatives from each of those boards and councils. The purpose of these meetings is to 26 facilitate the transfer of functions to the Alaska Human Resource Investment Council and to 27 conclude the business of each of the other boards and councils. Staff support during the 28 transition period established in this section shall be provided by at least one member of the 29 staff of the Office of the Governor and by assignment of staff from each of the executive 30 branch departments that currently provide staff support for the respective other boards and 31 councils.
01 * Sec. 18. INITIAL APPOINTMENTS TO COUNCIL. (a) The terms of persons initially 02 appointed to the Alaska Human Resource Investment Council under AS 44.19.620(a)(3) - (10), 03 enacted by sec. 5 of this Act, shall be set as follows so as to establish the staggering of terms 04 required by AS 44.19.621(b), enacted by sec. 5 of this Act: 05 (1) at least five members shall be appointed for a term of four years; 06 (2) at least four members shall be appointed for a term of three years; 07 (3) at least four members shall be appointed for a term of two years; and 08 (4) at least four members shall be appointed for a term of one year. 09 (b) The terms of members initially appointed under AS 44.19.620(a)(4), (5), and (6), 10 enacted by sec. 5 of this Act, shall be set so that the terms of no two members expire in the 11 same year. 12 (c) If more than one member is appointed under AS 44.19.620(a)(7), (8), (9), or (10), 13 enacted by sec. 5 of this Act, the terms of the members appointed under each of those 14 provisions shall be set so that the terms of no two members expire in the same year. 15 * Sec. 19. REPORT TO GOVERNOR ON CONSOLIDATION OF PROGRAMS. (a) The 16 Alaska Human Resource Investment Council shall research and prepare a report for 17 presentation to the governor by July 1, 1996, concerning investment in and development of 18 human resources in the state. 19 (b) The report must include recommendations on any additional state government 20 entities whose authority and duties may be transferred to the council by Executive Order, 21 Administrative Order, or legislation. 22 (c) The report must include recommendations concerning the consolidation of all 23 applicable federal, state, and local human resource programs for employment training, so that 24 those programs may be administered by one entity. The report must include recommendations 25 on which programs should be included in a consolidation, and what role each state agency 26 should have in the administration of human resource programs after consolidation. In making 27 its recommendations, the council shall consider administrative efficiency, from the point of 28 view of both state government and the recipient, and the quality of services. 29 * Sec. 20. REPORT TO GOVERNOR ON PRIVATE INDUSTRY COUNCILS. The 30 Alaska Human Resource Investment Council shall prepare and submit to the governor by 31 July 1, 1996, a report making recommendations to the governor on how best to take advantage
01 of the private industry council structure established in accordance with 29 U.S.C. 1501 - 02 1792b (Job Training Partnership Act). The report must include the strengths, weaknesses, and 03 potential of the private industry councils appointed under 29 U.S.C. 1512 as they pertain to 04 the local oversight and administration of the applicable human resource investment programs. 05 Additional duties and programs that shall be considered in the report include the potential 06 relationship of private industry councils to certain federal grants, job corps recruitment, 07 veterans' vocational training, and guaranteed student loans for Title IV of the Higher 08 Education Act of 1965, as amended. 09 * Sec. 21. Section 17 of this Act takes effect immediately under AS 01.10.070(c). 10 * Sec. 22. Sections 1 - 15 and 18 - 20 of this Act take effect July 1, 1995. 11 * Sec. 23. Section 16 of this Act takes effect January 1, 1996.