00 CS FOR SENATE BILL NO. 334(FIN)                                                                                       
01 "An Act relating to guidelines and standards for state training programs;                                               
02 relating to the Alaska Human Resource Investment Council; extending the                                                 
03 termination date of the state training and employment program; and providing for                                        
04 an effective date."                                                                                                     
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06    * Section 1.  AS 44.19.620(a) is amended to read:                                                                  
07  (a)  The Alaska Human Resource Investment Council is established in the                                               
08 Office of the Governor.  The council consists of the following voting members, not to                                   
09 exceed  21  [26]:                                                                                                     
10   (1)  the lieutenant governor or the lieutenant governor's designee;                                                  
11   (2)  [THE COMMISSIONERS OF COMMERCE AND ECONOMIC                                                                     
12 DEVELOPMENT, COMMUNITY AND REGIONAL AFFAIRS, EDUCATION,                                                                 
13 HEALTH AND SOCIAL SERVICES, AND LABOR, OR EACH RESPECTIVE                                                               
14 COMMISSIONER'S DESIGNEE;                                                                                                
01   (3)]  one representative from the University of Alaska;                                                              
02    (3)  [(4)]  four additional representatives of education, with one from                                           
03 local public education, one from secondary vocational education, one from a                                             
04 postsecondary vocational education institution, and one from adult basic education;                                     
05    (4)  [(5)]  four representatives of business and industry, with at least one                                      
06 representative from the private industry councils appointed under 29 U.S.C. 1512 and                                    
07 subject to reconstitution under 29 U.S.C. 1515;                                                                         
08    (5)  [(6)]  four representatives of organized labor  whom  [THAT] the                                           
09 governor shall appoint from lists of nominees submitted by recognized state labor                                       
10 organizations; the governor may reject a list submitted under this paragraph and                                        
11 request that another list be submitted;                                                                                 
12    (6)  [(7)]  at least one representative from an organization representing                                         
13 employment and training needs of Alaska Natives;                                                                        
14    (7)  [(8)]  at least one representative of a community-based service                                              
15 organization;                                                                                                           
16    (8)  [(9)]  at least one representative who has personal or professional                                          
17 experience with developmental disabilities; and                                                                         
18    (9)  [(10)]  at least one and up to four additional members of the private                                        
19 sector to ensure a private sector majority and regional and local representation on the                                 
20 council.                                                                                                                
21    * Sec. 2.  AS 44.19.620 is amended by adding new subsections to read:                                              
22  (c)  The commissioners of commerce and economic development, community                                                
23 and regional affairs, education, health and social services, and labor serve as advisory,                               
24 nonvoting members of the council.                                                                                       
25  (d)  A member of the council under (a) or (c) of this section may appoint a                                           
26 designee to serve in place of the member named in (a) of this section.  The member                                      
27 shall appoint the designee in writing.                                                                                  
28    * Sec. 3.  AS 44.19.621(a) is amended to read:                                                                     
29  (a)  Members of the Alaska Human Resource Investment Council other than                                               
30 those listed in AS 44.19.620(a)(1) and  (c)  [(2)] are appointed by the governor and                                  
31 serve at the pleasure of the governor.   The governor may appoint one person to fill                                   
01 two or more of the places listed in AS 44.19.620(a) if the person is qualified in all                                   
02 of the areas the person represents.  A member appointed to fill more than one                                           
03 place under this subsection is entitled to only one vote and may appoint only one                                       
04 designee to replace the member in the event the member is unable to attend a                                            
05 meeting.                                                                                                               
06    * Sec. 4.  AS 44.19.621(b) is amended to read:                                                                     
07  (b)  The voting members of the council other than those listed in                                                     
08 AS 44.19.620(a)(1) and  (c)  [(2)] serve for staggered four-year terms and may serve                                  
09 until a successor is appointed.  An appointment to fill a vacancy shall be made in the                                  
10 same manner as the original appointment and for the balance of the unexpired term.                                      
11    * Sec. 5.  AS 44.19.622 is amended to read:                                                                        
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) , including a designee                                 
14 of a member attending in place of the member,  serve without compensation but are                                      
15 entitled to per diem and travel expenses authorized by law for boards and commissions                                   
16 under AS 39.20.180.  Nonvoting members of the council appointed under                                                   
17 AS 44.19.620(b) serve without compensation and are not entitled to per diem and                                         
18 travel expenses.   A commissioner appointed under AS 44.19.620(c) or the                                               
19 commissioner's designee is entitled to per diem and travel expenses as a state                                          
20 employee.                                                                                                              
21    * Sec. 6.  AS 44.19.623 is amended to read:                                                                        
22  Sec. 44.19.623.  Officers.  The Alaska Human Resource Investment Council                                            
23 shall elect a chair  and a vice-chair  from among the members listed in or appointed                                  
24 under  AS 44.19.620(a)(4)  [AS 44.19.620(a) WHO ARE FROM THE PRIVATE                                                  
25 SECTOR.  THEY SHALL ALSO ELECT A VICE-CHAIR].  The chair and vice-chair                                                 
26 serve in their positions at the pleasure of the council.                                                                
27    * Sec. 7.  AS 44.19.624 is amended to read:                                                                        
28  Sec. 44.19.624.  Meetings, quorum, and committees.  (a)  The Alaska Human                                           
29 Resource Investment Council shall meet  not more than two times in a calendar year                                    
30 at the call of the chair to conduct its business. A majority of the members listed in or                                
31 appointed to the council under AS 44.19.620(a) constitutes a quorum.                                                    
01  (b)  The council  shall establish an executive committee and four permanent                                          
02 standing committees as described in (c) - (g) of this section.  The chair of a                                          
03 permanent standing committee must be from the private sector.  The council  may                                        
04 establish  additional  standing  committees  and special committees or subcommittees,                               
05 not necessarily consisting of council members, to advise and assist the council in                                      
06 carrying out its functions assigned by federal or state statute.   The permanent                                       
07 standing committees are                                                                                                 
08   (1)  the assessment and evaluation committee;                                                                        
09   (2)  the policy and planning committee;                                                                              
10   (3)  the employment and placement committee; and                                                                     
11   (4)  the workforce readiness committee.                                                                             
12    * Sec. 8.  AS 44.19.624 is amended by adding new subsections to read:                                              
13  (c)  The executive committee consists of the chair and vice-chair of the council,                                     
14 the immediate past chair of the council, and the chairs of the four standing committees                                 
15 described in (d) - (g) of this section.  The executive committee has the duties and may                                 
16 exercise the powers of the council between meetings of the council.  The executive                                      
17 committee shall                                                                                                         
18   (1)  report to the council in a timely fashion on actions taken on behalf                                            
19 of the council; and                                                                                                     
20   (2)  supervise the affairs of the council between regular meetings of the                                            
21 council.                                                                                                                
22  (d)  The assessment and evaluation committee shall                                                                    
23   (1)  assess and evaluate programs, initiatives, and the delivery of                                                  
24 services to help to ensure equitable distribution of quality education, training, and                                   
25 employment services statewide, especially to rural areas and to programs serving                                        
26 economically disadvantaged citizens;                                                                                    
27   (2)  call for and monitor the workforce development system for                                                       
28 increased accountability in performance and continuous quality improvement along the                                    
29 goals and strategies of the council's overall statewide strategic plan for workforce                                    
30 development;                                                                                                            
31   (3)  use evaluation and performance measures to gauge customer                                                       
01 satisfaction within the workforce development system; and                                                               
02   (4)  perform other duties assigned by the council.                                                                   
03  (e)  The policy and planning committee shall                                                                          
04   (1)  build policies regarding day-to-day operations and long-term                                                    
05 responsibilities of the council;                                                                                        
06   (2)  work to increase awareness of the council and its mission                                                       
07 throughout the state;                                                                                                   
08   (3)  work with all other committees on a statewide strategic plan for                                                
09 workforce development; and                                                                                              
10   (4)  perform other duties assigned by the council.                                                                   
11  (f)  The employment and placement committee shall                                                                     
12   (1)  ensure the statewide strategic plan for workforce development                                                   
13 addresses                                                                                                               
14   (A)  customer needs at the local level;                                                                             
15   (B)  moving welfare recipients into the workforce;                                                                  
16   (C)  promoting the hiring of state residents in jobs that have                                                      
17 traditionally been filled by out-of-state workers;                                                                      
18   (D)  tailoring employment and training programs to suit state                                                       
19 business, industry, and economic development needs;                                                                     
20   (2)  monitor the coordination of service delivery to promote efficiency                                              
21 and to prevent overlap of services among programs; and                                                                  
22   (3)  perform other duties assigned by the council.                                                                   
23  (g)  The workforce readiness committee shall                                                                          
24   (1)  provide oversight for training, education, and employment programs                                              
25 to ensure the programs are delivering education and training that is relevant to local                                  
26 market needs and the career goals of state residents;                                                                   
27   (2)  build partnerships between employers and quality workforce training                                             
28 programs;                                                                                                               
29   (3)  work to connect the state public and private education systems with                                             
30 business, government, and labor to ensure that state residents are receiving workforce                                  
31 readiness skills throughout the education process; and                                                                  
01   (4)  perform other duties assigned by the council.                                                                   
02    * Sec. 9.  AS 44.19.626(b) is amended to read:                                                                     
03  (b)  The council shall                                                                                                
04   (1)  facilitate the development of statewide policy for a coordinated and                                            
05 effective employment training and education system in this state;                                                       
06   (2)  identify the human resource investment needs in the state and                                                   
07 develop a plan to meet those needs;                                                                                     
08   (3)  review the provision of services and the use of money and resources                                             
09 by the human resource programs listed in AS 44.19.625;                                                                  
10   (4)  assume the duties and functions of the state councils described                                                 
11 under the laws relating to the federal human resource programs listed in AS 44.19.625;                                  
12   (5)  advise the governor ,  [AND] state and local agencies , and the                                              
13 University of Alaska  on the development of state and local standards and measures                                     
14 relating to applicable human resource programs;                                                                         
15   (6)  submit, to the governor and the legislature, a biennial strategic plan                                          
16 to accomplish the goals developed to meet human resource investment needs;                                              
17   (7)  monitor for the implementation and evaluate the effectiveness of the                                            
18 strategic plan developed by the council;                                                                                
19    (8)  adopt regulations that set standards for the percentage of a                                                  
20 grant that may be used for administrative costs; the regulations must clearly                                           
21 identify and distinguish between expenses that may be included in administrative                                        
22 costs and those that may not be included in administrative costs; the percentage                                        
23 allowed for administrative costs may not exceed the lesser of 15 percent or the                                         
24 amount permitted under the requirements of a federal program, if applicable;                                            
25   (9)  report annually to the legislature, by the 30th day of the regular                                              
26 legislative session, on the performance and evaluation of training programs in the                                      
27 state subject to review under (f) of this section;  and                                                                
28    (10)  identify ways for agencies operating programs subject to                                                     
29 oversight by the council to share resources, instructors, and curricula through                                         
30 collaboration with other public and private entities to increase training                                               
31 opportunities and reduce costs;                                                                                        
01    (11)  [(8)]  adopt regulations under AS 44.62 (Administrative Procedure                                           
02 Act) to carry out the purposes of AS 44.19.620 - 44.19.627.                                                             
03    * Sec. 10.  AS 44.19.626 is amended by adding new subsections to read:                                             
04  (d)  The council shall provide oversight for employment-related education                                             
05 training programs operated by the state or operated under contract with the state that                                  
06 are described in (f) of this section.  The council shall require a training program listed                              
07 in (f) of this section to meet the requirements of this subsection.  The council shall,                                 
08 by regulation, establish appropriate penalties for programs and individuals who fail to                                 
09 meet the requirements of this subsection.  The council may recommend to the                                             
10 legislature changes to enhance the effectiveness of the training programs it oversees                                   
11 under this section.  A training program described in (f) of this section funded with                                    
12 money appropriated by the legislature must                                                                              
13   (1)  meet the standards adopted by the council concerning the                                                        
14 percentage of a grant that may be spent on administrative costs;                                                        
15   (2)  be operated by an institution that holds a valid authorization to                                               
16 operate issued under AS 14.48 by the Alaska Commission on Postsecondary Education                                       
17 if the program is a postsecondary educational program operated by a postsecondary                                       
18 educational institution subject to regulation under AS 14.48;                                                           
19   (3)  provide to the Department of Labor the information required by the                                              
20 department for the preparation of the statistical information necessary for the council                                 
21 to evaluate programs by the standards set out in (e) of this section.                                                   
22  (e)  The council shall develop standards that encourage agencies to contract for                                      
23 training programs that maximize the program's class size.  The council shall adopt                                      
24 standards for the evaluation of training programs listed in (f) of this section with                                    
25 regard to the following:                                                                                                
26   (1)  the percent of former participants who have a job one year after                                                
27 leaving the training program;                                                                                           
28   (2)  the median wage of former participants seven to 12 months after                                                 
29 leaving the program;                                                                                                    
30   (3)  the percent of former participants who were employed after leaving                                              
31 the training program who received training under the program that was related to their                                  
01 jobs or somewhat related to their jobs seven to 12 months after leaving the training                                    
02 program;                                                                                                                
03   (4)  the percent of former participants of a training program who                                                    
04 indicate that they were satisfied with or somewhat satisfied with the overall quality of                                
05 the training program;                                                                                                   
06   (5)  the percent of employers who indicate that they were satisfied with                                             
07 the quality of the work of new employees who had recently completed the training                                        
08 program.                                                                                                                
09  (f)  The following training programs are subject to the provisions of (d) and (e)                                     
10 of this section:                                                                                                        
11   (1)  in the Department of Administration:  Alaska Professional                                                       
12 Development Institute, providing continuing education and training for employed                                         
13 workers;                                                                                                                
14   (2)  in the Department of Community and Regional Affairs or operated                                                 
15 by the department:                                                                                                      
16   (A)  One Stop Career Center;                                                                                        
17   (B)  Job Training Partnership Act programs, assisting                                                               
18 communities in moving toward a self-sustainable economy and providing                                                   
19 training;                                                                                                               
20   (C)  state training and employment program (AS 23.15.620),                                                          
21 providing training and employment services for people who are unemployed or                                             
22 likely to become unemployed, fostering new jobs, and increasing training                                                
23 opportunities for workers severely affected by fluctuations in the state economy                                        
24 or adversely affected by technology advances in the workplace;                                                          
25   (3)  in the Department of Education or operated by the department:                                                   
26   (A)  employment-related adult basic education;                                                                      
27   (B)  School-to-Work;                                                                                                
28   (C)  vocational education and Tech Prep;                                                                            
29   (D)  Alaska Career Information System;                                                                              
30   (E)  high school completion project;                                                                                
31   (F)  Kotzebue Technical Center;                                                                                     
01   (G)  Alaska Vocational Technical Center;                                                                            
02   (4)  in the Department of Health and Social Services:  Alaskans on                                                   
03 Temporary Assistance Plan employment education and job training programs;                                               
04   (5) in the Department of Labor:                                                                                      
05   (A)  unemployment insurance grants provided under the federal                                                       
06 training relocation assistance program;                                                                                 
07   (B)  Alaska works programs, assisting with the welfare-to-work                                                      
08 program;                                                                                                                
09   (C)  state training employment program, coordinated with the                                                        
10 Department of Community and Regional Affairs.                                                                           
11  (g)  The council shall assess the programs listed in this subsection and make                                         
12 recommendations to the legislature in its report required under (b)(9) of this section                                  
13 about whether to include one or more of these programs under the requirements of (f)                                    
14 of this section:                                                                                                        
15   (1)  in the Department of Community and Regional Affairs or operated                                                 
16 by the department:                                                                                                      
17   (A)  local government assistance training and development,                                                          
18 including the rural utility business advisory program;                                                                  
19   (B)  energy operations, providing training in management and                                                        
20 administration of electric utilities and bulk fuel storage systems;                                                     
21   (2)  in the Department of Corrections:                                                                               
22   (A)  Correctional Academy, training individuals applying for a                                                      
23 correctional officer position;                                                                                          
24   (B)  inmate programs, providing vocational technical training and                                                   
25 education courses for inmates preparing to be released from a correctional                                              
26 facility;                                                                                                               
27   (C)  correctional industries program, providing inmates with jobs                                                   
28 while they are incarcerated;                                                                                            
29   (3)  in the Department of Environmental Conservation:                                                                
30   (A)  remote maintenance worker program, providing training and                                                      
31 technical assistance to communities to keep drinking water and sewage disposal                                          
01 systems running, and providing on-the-job training to local operators;                                                  
02   (B)  water and wastewater operator training and assistance;                                                         
03   (C)  federal drinking water operator training and certification;                                                    
04   (4)  in the Department of Military and Veterans' Affairs:  educational                                               
05 benefits for members of the Alaska National Guard and the Alaska Naval Militia;                                         
06   (5)  in the Department of Public Safety:                                                                             
07   (A)  fire service training to maintain emergency training skills                                                    
08 for existing fire fighter staff and volunteers and individuals interested in                                            
09 becoming fire fighters;                                                                                                 
10   (B)  Public Safety Training Academy, training trooper recruits;                                                     
11   (6)  in the Department of Transportation and Public Facilities:                                                      
12   (A)  engineer-in-training program, providing on-the-job training                                                    
13 for apprentice engineers to enable them to gain the experience necessary to be                                          
14 certified;                                                                                                              
15   (B)  statewide transportation improvement program, offered by                                                       
16 the United States National Highway Institute;                                                                           
17   (C)  local technical assistance program, transferring technical                                                     
18 expertise to local governments;                                                                                         
19   (D)  Native technical assistance program, transferring technical                                                    
20 expertise to Native governments;                                                                                        
21   (E)  border technology exchange program, to coordinate highway                                                      
22 issues with the Yukon Territory;                                                                                        
23   (7)  in the Department of Education: vocational rehabilitation client                                                
24 services and special work projects;                                                                                     
25   (8)  in the Department of Labor:  employment services, including job                                                 
26 development, assisting individuals in finding employment, and assisting employed                                        
27 individuals in finding other employment.                                                                                
28  (h)  The University of Alaska shall evaluate the performance of its training                                          
29 programs using the standards set out in (e) of this section and shall provide a report                                  
30 on the results to the council for inclusion in the council's annual report to the                                       
31 legislature.                                                                                                            
01  (i)  The council shall review each program listed in (f) of this section to                                           
02 determine whether it is in compliance with the standards set out in (d) and (e) of this                                 
03 section.  If the council finds that a program has failed to comply with the standards                                   
04 set out in (d) and (e) of this section, it shall notify the program director of the failure.                            
05 If the program director fails to improve the performance of the program within a                                        
06 reasonable time, the council shall notify the governor and the legislative budget and                                   
07 audit committee that the program is out of compliance.  A contract entered into by a                                    
08 state agency relating to a training program set out in (f) of this section must contain                                 
09 terms consistent with this section.                                                                                     
10  (j)  A department that operates or contracts for a training program listed in (f)                                     
11 of this section shall pay to the council a management assessment fee not to exceed .75                                  
12 percent of the program's annual operating budget.  The total amount received as                                         
13 management assessment fees may not exceed the council's authorized budget for the                                       
14 fiscal year.  The council shall, by regulation, establish a method to determine annually                                
15 the amount of the management assessment fee.  If the amount the council expects to                                      
16 collect under this subsection exceeds the authorized budget of the council, the council                                 
17 shall reduce the percentages set out in this subsection so that the total amount of the                                 
18 fees collected approximately equals the authorized budget of the council for the fiscal                                 
19 year.  The council shall adopt regulations under AS 44.62 (Administrative Procedure                                     
20 Act) necessary to administer this subsection.                                                                           
21  (k)  Upon the enactment of a new federal or state program relating to work                                            
22 force development, the council shall                                                                                    
23   (1)  advise the governor and the legislature on whether the council                                                  
24 should provide oversight for the new program under this section; and                                                    
25   (2)  make recommendations necessary to streamline and coordinate state                                               
26 efforts to meet the guidelines of the new program.                                                                      
27  (l)  For purposes of this section, "program"                                                                          
28   (1)  does not refer to the overall activities of an individual institution                                           
29 or individual fields of study or courses that are not associated with programs for which                                
30 the council has oversight responsibility;                                                                               
31   (2)  may include a certificate or associate degree course or a course that                                           
01 is not for credit, whether it is offered by a public or private institute or contracted for                             
02 by the private sector, so long as it is related to employment.                                                          
03    * Sec. 11.  Section 6, ch. 116, SLA 1996, is amended to read:                                                      
04  Sec. 6.  AS 23.15.620, 23.15.625, 23.15.630, 23.15.635, 23.15.640, 23.15.645,                                         
05 23.15.651, and 23.15.660 are repealed June 30,  2002  [1998].                                                         
06    * Sec. 12.  TRANSITION.  Notwithstanding the requirement in AS 44.19.623, as amended                               
07 by sec. 6 of this Act, that the chair and the vice chair of the council be members of the                               
08 council appointed under AS 44.19.620(a)(4), as amended by sec. 1 of this Act, a member who                              
09 is serving as chair or vice chair of the council on the day before the effective date of this Act                       
10 may continue to serve in that capacity until the expiration of the member's term of office.                             
11 However, if the vice-chair is a commissioner of a department of state government, the office                            
12 becomes vacant on the effective date of this Act and the council shall elect a vice chair who                           
13 meets the requirements of AS 44.19.623, as amended by sec. 6 of this Act.                                               
14    * Sec. 13.  This Act takes effect immediately under AS 01.10.070(c).