CSSB 252(L&C): "An Act renaming the Alaska Human Resource Investment Council as the Alaska Workforce Investment Board and relating to its membership; relating to repayment on promissory notes for work-related items paid for by grant programs; extending the termination date of the state training and employment program; relating to employment and training activities; and providing for an effective date."
00 CS FOR SENATE BILL NO. 252(L&C) 01 "An Act renaming the Alaska Human Resource Investment Council as the Alaska 02 Workforce Investment Board and relating to its membership; relating to repayment on 03 promissory notes for work-related items paid for by grant programs; extending the 04 termination date of the state training and employment program; relating to employment 05 and training activities; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 14.35.020(b) is amended to read: 08 (b) When required by any of the Acts described in AS 14.35.010, the board 09 shall 10 (1) prepare, submit, and supervise the administration of the plans for 11 vocational education; 12 (2) select a state director of vocational education; 13 (3) establish the minimum qualifications for teachers, supervisors, or
01 directors; 02 (4) determine the prorated basis on which money shall be available for 03 the salary and necessary travel expenses of the state director of vocational education; 04 (5) consider the advice of the Alaska Workforce Investment Board 05 [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] established by 06 AS 23.15.550 regarding employment training needs and advise that board 07 [COUNCIL] in the development of vocational education programs. 08 * Sec. 2. AS 14.42.015(a) is amended to read: 09 (a) There is in the Department of Education and Early Development the 10 Alaska Commission on Postsecondary Education consisting of 11 (1) two members of the Board of Regents of the University of Alaska 12 designated by the members of that body; 13 (2) one person representing private higher education in the state 14 selected jointly by the Boards of Trustees of Alaska Pacific University and Sheldon 15 Jackson College from among their membership; 16 (3) one person representing the Department of Education and Early 17 Development selected by the state Board of Education and Early Development; 18 (4) four persons broadly and equitably representative of the general 19 public appointed by the governor; 20 (5) one member of the Alaska Workforce Investment Board 21 [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] established by 22 AS 23.15.550 designated by the members of that body; 23 (6) one person from the members of the local community college 24 advisory councils appointed by the governor; 25 (7) two members from the legislature, one of whom shall be appointed 26 by the president of the senate and one by the speaker of the house of representatives; 27 (8) one person appointed in accordance with (e) of this section who is 28 a full-time student as defined in AS 14.43.160; 29 (9) one administrator appointed by the governor from a proprietary 30 institution of postsecondary education that has an authorization to operate in the state 31 issued under AS 14.48.
01 * Sec. 3. AS 23.15.550 is amended to read: 02 Sec. 23.15.550. Alaska Workforce Investment Board [ALASKA HUMAN 03 RESOURCE INVESTMENT COUNCIL]. (a) The Alaska Workforce 04 Investment Board [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] is 05 established in the department. The board [COUNCIL] consists of the following 06 voting members, not to exceed 26: 07 (1) the lieutenant governor or the lieutenant governor's designee; 08 (2) the commissioners of community and economic development, 09 education and early development, health and social services, and labor and workforce 10 development, or each respective commissioner's designee; 11 (3) one representative from the University of Alaska; 12 (4) four additional representatives of education, with one from local 13 public education, one from secondary vocational education, one from a postsecondary 14 vocational education institution, and one from adult basic education; 15 (5) four representatives of business and industry, with at least one 16 representative from the local workforce investment boards [PRIVATE INDUSTRY 17 COUNCILS] appointed under 29 U.S.C. 2832 [29 U.S.C. 1512 AND SUBJECT TO 18 RECONSTITUTION UNDER 29 U.S.C. 1515]; 19 (6) four representatives of organized labor that the governor shall 20 appoint from lists of nominees submitted by recognized state labor organizations; the 21 governor may reject a list submitted under this paragraph and request that another list 22 be submitted; 23 (7) at least one representative from an organization representing 24 employment and training needs of Alaska Natives; 25 (8) at least one representative of a community-based [COMMUNITY 26 BASED] service organization; 27 (9) at least one representative who has personal or professional 28 experience with developmental disabilities; and 29 (10) at least one and up to five additional members of the private 30 sector to ensure a private sector majority and regional and local representation on the 31 board [COUNCIL].
01 (b) Additional nonvoting members may be appointed to the board 02 [COUNCIL] from government or nongovernment entities. 03 (c) A member of the board [COUNCIL] under (a) of this section may appoint 04 a designee to serve in place of the member [NAMED IN (a) OF THIS SECTION]. 05 The member shall appoint the designee in writing. 06 * Sec. 4. AS 23.15.555 is amended to read: 07 Sec. 23.15.555. Appointment and term of members. (a) Members of the 08 Alaska Workforce Investment Board [ALASKA HUMAN RESOURCE 09 INVESTMENT COUNCIL] other than those listed in AS 23.15.550(a)(1) and (2) are 10 appointed by the governor and serve at the pleasure of the governor. The governor 11 may appoint one person to fill two or more of the places listed in AS 23.15.550(a) if 12 the person is qualified in all of the areas the person represents. A member appointed 13 to fill more than one place under this subsection is entitled to only one vote and may 14 appoint only one designee to replace the member in the event the member is unable to 15 attend a meeting. 16 (b) The voting members of the board [COUNCIL] other than those listed in 17 AS 23.15.550(a)(1) and (2) serve for staggered four-year terms and may serve until a 18 successor is appointed. An appointment to fill a vacancy shall be made in the same 19 manner as the original appointment and for the balance of the unexpired term. 20 (c) The governor shall ensure that individuals appointed to the board 21 [COUNCIL] have sufficient expertise to effectively carry out the duties of the board 22 [COUNCIL]. Expertise of the board [COUNCIL] includes, where appropriate, 23 knowledge of the long-term needs of individuals preparing to enter the work force; the 24 needs of local, state, and regional labor markets; and the methods for evaluating the 25 effectiveness of vocational training programs in serving varying populations. 26 * Sec. 5. AS 23.15.560 is amended to read: 27 Sec. 23.15.560. Compensation. Members of the Alaska Workforce 28 Investment Board [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] 29 listed in or appointed under AS 23.15.550(a), including a designee of a member 30 attending in place of the member, serve without compensation but are entitled to per 31 diem and travel expenses authorized by law for boards and commissions under
01 AS 39.20.180. Nonvoting members of the board [COUNCIL] appointed under 02 AS 23.15.550(b) serve without compensation and are not entitled to per diem and 03 travel expenses. A commissioner appointed under AS 23.15.550(a)(2) or the 04 commissioner's designee is entitled to per diem and travel expenses as a state 05 employee. 06 * Sec. 6. AS 23.15.565 is amended to read: 07 Sec. 23.15.565. Officers. The Alaska Workforce Investment Board 08 [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] shall elect a chair and 09 a vice-chair from among the members listed in or appointed under AS 23.15.550(a)(5). 10 The chair and vice-chair serve in their positions at the pleasure of the board 11 [COUNCIL]. 12 * Sec. 7. AS 23.15.570 is amended to read: 13 Sec. 23.15.570. Meetings, quorum, and committees. (a) The Alaska 14 Workforce Investment Board [ALASKA HUMAN RESOURCE INVESTMENT 15 COUNCIL] shall meet not more than three times in a calendar year at the call of the 16 chair to conduct its business. A majority of the members listed in or appointed to the 17 board [COUNCIL] under AS 23.15.550(a) constitutes a quorum. 18 (b) The board [COUNCIL] shall establish an executive committee and four 19 permanent standing committees as described in (c) - (g) of this section. The chair of a 20 permanent standing committee must be from the private sector. The board 21 [COUNCIL] may establish additional standing committees and special committees or 22 subcommittees, not necessarily consisting of board [COUNCIL] members, to advise 23 and assist the board [COUNCIL] in carrying out its functions assigned by federal or 24 state statute. The permanent standing committees are 25 (1) the assessment and evaluation committee; 26 (2) the policy and planning committee; 27 (3) the employment and placement committee; and 28 (4) the workforce readiness committee. 29 (c) The executive committee consists of the chair and vice-chair of the board 30 [COUNCIL], the immediate past chair of the board [COUNCIL], and the chairs of the 31 four standing committees described in (d) - (g) of this section. The executive
01 committee has the duties and may exercise the powers of the council between 02 meetings of the board [COUNCIL]. The executive committee shall 03 (1) report to the board [COUNCIL] in a timely fashion on actions 04 taken on behalf of the board [COUNCIL]; and 05 (2) supervise the affairs of the board [COUNCIL] between regular 06 meetings of the board [COUNCIL]. 07 (d) The assessment and evaluation committee shall 08 (1) assess and evaluate programs, initiatives, and the delivery of 09 services to help to ensure equitable distribution of quality education, training, and 10 employment services statewide, especially to rural areas and to programs serving 11 economically disadvantaged citizens; 12 (2) call for and monitor the workforce development system for 13 increased accountability in performance and continuous quality improvement along 14 the goals and strategies of the board's [COUNCIL'S] overall statewide strategic plan 15 for workforce development; 16 (3) use evaluation and performance measures to gauge customer 17 satisfaction within the workforce development system; and 18 (4) perform other duties assigned by the board [COUNCIL]. 19 (e) The policy and planning committee shall 20 (1) build policies regarding day-to-day operations and long-term 21 responsibilities of the board [COUNCIL]; 22 (2) work to increase awareness of the board [COUNCIL] and its 23 mission throughout the state; 24 (3) work with all other committees on a statewide strategic plan for 25 workforce development; and 26 (4) perform other duties assigned by the board [COUNCIL]. 27 (f) The employment and placement committee shall 28 (1) ensure the statewide strategic plan for workforce development 29 addresses 30 (A) customer needs at the local level; 31 (B) moving welfare recipients into the workforce;
01 (C) promoting the hiring of state residents in jobs that have 02 traditionally been filled by out-of-state workers; 03 (D) tailoring employment and training programs to suit state 04 business, industry, and economic development needs; 05 (2) monitor the coordination of service delivery to promote efficiency 06 and to prevent overlap of services among programs; and 07 (3) perform other duties assigned by the board [COUNCIL]. 08 (g) The workforce readiness committee shall 09 (1) provide oversight for training, education, and employment 10 programs to ensure the programs are delivering education and training that is relevant 11 to local market needs and the career goals of state residents; 12 (2) build partnerships between employers and quality workforce 13 training programs; 14 (3) work to connect the state public and private education systems with 15 business, government, and labor to ensure that state residents are receiving workforce 16 readiness skills throughout the education process; and 17 (4) perform other duties assigned by the board [COUNCIL]. 18 * Sec. 8. AS 23.15.575 is amended to read: 19 Sec. 23.15.575. Board [COUNCIL] as state planning entity. The Alaska 20 Workforce Investment Board [ALASKA HUMAN RESOURCE INVESTMENT 21 COUNCIL] shall act as the lead state planning and coordinating entity for state human 22 resource programs administered under 23 (1) 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998) [29 24 U.S.C. 1501 - 1792B (JOB TRAINING PARTNERSHIP ACT)]; 25 (2) 20 U.S.C. 2301 - 2471 (Carl D. Perkins Vocational and Applied 26 Technology Education Act); 27 (3) [20 U.S.C. 1201 - 1213D (ADULT EDUCATION ACT); 28 (4)] 29 U.S.C. 49 - 49l-1 (Wagner - Peyser Act); 29 (4) federal law for work programs [(5) 42 U.S.C. 681 - 687 (JOB 30 OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM)] for needy 31 families with children under the Social Security Act;
01 (5) [(6)] the employment program established under 7 U.S.C. 02 2015(d)(4) (Food Stamp Act of 1977); 03 (6) [(7)] all federal programs designated as successors to the programs 04 listed in (1) - (5) [(1) - (6)] of this section; and 05 (7) [(8)] all state laws involving employment training, vocational 06 education, and workforce development [, AND COMMUNITY SERVICE]. 07 * Sec. 9. AS 23.15.580 is amended to read: 08 Sec. 23.15.580. Functions of the board [COUNCIL]. (a) As the lead state 09 planning and coordinating entity, the Alaska Workforce Investment Board 10 [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] has responsibility, to 11 the extent authorized by federal and state law, for planning and coordinating federal, 12 state, and local efforts in human resource programs in this state related to employment 13 training, including the work activities of the Alaska temporary assistance program 14 under AS 47.27. 15 (b) The board [COUNCIL] shall 16 (1) facilitate the development of statewide policy for a coordinated and 17 effective employment training and education system in this state; 18 (2) identify the human resource investment needs in the state and 19 develop a plan to meet those needs; 20 (3) review the provision of services and the use of money and 21 resources by the human resource programs listed in AS 23.15.575; 22 (4) assume the duties and functions of the state boards [COUNCILS] 23 described under the laws relating to the federal human resource programs listed in 24 AS 23.15.575; 25 (5) advise the governor, state and local agencies, [AND] the University 26 of Alaska, and other training entities on the development of state and local standards 27 and measures relating to applicable human resource programs; 28 (6) submit, to the governor and the legislature, a biennial strategic plan 29 to accomplish the goals developed to meet human resource investment needs; 30 (7) monitor for the implementation and evaluate the effectiveness of 31 the strategic plan developed by the board [COUNCIL];
01 (8) adopt regulations that set standards for the percentage of program 02 expenses [A GRANT] that may be used for administrative costs; the regulations must 03 clearly identify and distinguish between program expenses that may be included in 04 administrative costs and those that may not be included in administrative costs; the 05 percentage allowed for administrative costs may not exceed the lesser of 15 percent of 06 program expenses in the prior fiscal year or the amount permitted under the 07 requirements of a federal program, if applicable; 08 (9) report annually to the legislature, by the 30th day of the regular 09 legislative session, on the performance and evaluation of training programs in the state 10 subject to review under (f) of this section; 11 (10) identify ways for agencies operating programs subject to 12 oversight by the board [COUNCIL] to share resources, instructors, and curricula 13 through collaboration with other public and private entities to increase training 14 opportunities and reduce costs; and 15 (11) adopt regulations under AS 44.62 (Administrative Procedure Act) 16 to carry out the purposes of AS 23.15.550 - 23.15.585. 17 (c) The board [COUNCIL] may receive money designated for human 18 resource programs and may disburse money, including grants, to human resource 19 projects in accordance with AS 37.07 (Executive Budget Act). The board 20 [COUNCIL] may enter into partnership agreements through appropriate 21 administrative agencies with private industry training entities within the state in order 22 to facilitate the coordination of training opportunities. 23 (d) The board [COUNCIL] shall provide oversight for the planning and 24 coordination of employment-related education training programs operated by the state 25 or operated under contract with the state that are described in (f) of this section. The 26 board [COUNCIL] shall require a training program listed in (f) of this section to meet 27 the requirements of this subsection. The board [COUNCIL] shall, by regulation, 28 establish appropriate penalties for programs that fail to meet the requirements of this 29 subsection. The board [COUNCIL] may recommend to the legislature changes to 30 enhance the effectiveness of the training programs it oversees under this section. A 31 training program described in (f) of this section funded with money appropriated by
01 the legislature must 02 (1) meet the standards adopted by the board [COUNCIL] concerning 03 the percentage of a grant that may be spent on administrative costs; 04 (2) be operated by an institution that holds a valid authorization to 05 operate issued under AS 14.48 by the Alaska Commission on Postsecondary 06 Education if the program is a postsecondary educational program operated by a 07 postsecondary educational institution subject to regulation under AS 14.48; 08 (3) provide to the Department of Labor and Workforce Development 09 the information required by the department for the preparation of the statistical 10 information necessary for the board [COUNCIL] to evaluate programs by the 11 standards set out in (e) of this section. 12 (e) The board [COUNCIL] shall develop standards that encourage agencies to 13 contract for training programs that meet local demands and maximize the use of 14 resources [PROGRAM'S CLASS SIZE]. The board [COUNCIL] shall adopt 15 standards for the evaluation of training programs listed in (f) of this section with 16 regard to the following: 17 (1) the percentage [PERCENT] of former participants who have a job 18 one year after leaving the training program; 19 (2) the median wage of former participants seven to 12 months after 20 leaving the program; 21 (3) the percentage [PERCENT] of former participants who were 22 employed after leaving the training program who received training under the program 23 that was related to their jobs or somewhat related to their jobs seven to 12 months after 24 leaving the training program; 25 (4) the percentage [PERCENT] of former participants of a training 26 program who indicate that they were satisfied with or somewhat satisfied with the 27 overall quality of the training program; 28 (5) the percentage [PERCENT] of employers who indicate that they 29 were satisfied with the services received through the workforce development 30 system [QUALITY OF THE WORK OF NEW EMPLOYEES WHO HAD 31 RECENTLY COMPLETED THE TRAINING PROGRAM].
01 (f) The following training programs are subject to the provisions of (d) and (e) 02 of this section: 03 (1) in the Department of Labor and Workforce Development or 04 operated by the department: 05 (A) [ONE STOP CAREER CENTER; 06 (B) JOB TRAINING PARTNERSHIP ACT] programs under 07 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998) [29 U.S.C. 1501 08 - 1792B], assisting communities in moving toward a self-sustainable economy 09 and providing training; 10 (B) [(C)] state training and employment program 11 (AS 23.15.620), providing training and employment services for people who 12 are unemployed or likely to become unemployed, fostering new jobs, and 13 increasing training opportunities for workers severely affected by fluctuations 14 in the state economy or adversely affected by technology advances in the 15 workplace; 16 (C) [(D)] employment-related adult basic education; 17 [(E) SCHOOL-TO-WORK;] 18 (D) [(F)] employment training services operated as part of the 19 Alaska temporary assistance program [TEMPORARY ASSISTANCE 20 PROGRAM] (ATAP); 21 (E) [(G)] unemployment insurance grants provided under the 22 federal training relocation assistance program; 23 (F) [(H)] Alaska works programs, assisting with the welfare-to- 24 work program; 25 [(I) STATE TRAINING AND EMPLOYMENT PROGRAM, 26 COORDINATED WITH THE DEPARTMENT OF COMMUNITY AND 27 ECONOMIC DEVELOPMENT;] 28 (2) in the Department of Education and Early Development or operated 29 by the department, the non-public-school portions of the following programs: 30 (A) [HIGH SCHOOL COMPLETION PROJECT; 31 (B)] Kotzebue Technical Center;
01 (B) [(C)] Alaska Vocational Technical Center; 02 (C) [(D)] vocational education and technical preparation 03 [TECH PREP]; 04 (D) [(E)] Alaska Career Information System. 05 (g) The board [COUNCIL] shall assess the programs listed in this subsection 06 and make recommendations to the legislature in its report required under (b)(9) of this 07 section about whether to include one or more of these programs under the 08 requirements of (f) of this section: 09 (1) in the Department of Community and Economic Development or 10 operated by the department: 11 (A) local government assistance training and development, 12 including the rural utility business advisory program; 13 (B) energy operations, providing training in management and 14 administration of electric utilities and bulk fuel storage systems; 15 (2) in the Department of Corrections: 16 (A) Correctional Academy, training individuals applying for a 17 correctional officer position; 18 (B) inmate programs, providing vocational technical training 19 and education courses for inmates preparing to be released from a correctional 20 facility; 21 (C) correctional industries program, providing inmates with 22 jobs while they are incarcerated; 23 (3) in the Department of Environmental Conservation: 24 (A) remote maintenance worker program, providing training 25 and technical assistance to communities to keep drinking water and sewage 26 disposal systems running, and providing on-the-job training to local operators; 27 (B) water and wastewater operator training and assistance; 28 (C) federal drinking water operator training and certification; 29 (4) in the Department of Military and Veterans' Affairs: educational 30 benefits for members of the Alaska National Guard and the Alaska Naval Militia; 31 (5) in the Department of Public Safety:
01 (A) fire service training to maintain emergency training skills 02 for existing fire fighter staff and volunteers and individuals interested in 03 becoming fire fighters; 04 (B) Public Safety Training Academy, training trooper recruits; 05 (6) in the Department of Transportation and Public Facilities: 06 (A) engineer-in-training program, providing on-the-job training 07 for apprentice engineers to enable them to gain the experience necessary to be 08 certified; 09 (B) statewide transportation improvement program, offered by 10 the United States National Highway Institute; 11 (C) local technical assistance program, transferring technical 12 expertise to local governments; 13 (D) Native technical assistance program, transferring technical 14 expertise to Native governments; 15 (E) border technology exchange program, to coordinate 16 highway issues with the Yukon Territory; 17 (7) in the Department of Labor and Workforce Development: 18 vocational rehabilitation client services and special work projects, employment 19 services, including job development, assisting individuals in finding employment, and 20 assisting employed individuals in finding other employment [; 21 (8) IN THE DEPARTMENT OF ADMINISTRATION: ALASKA 22 PROFESSIONAL DEVELOPMENT INSTITUTE, PROVIDING CONTINUING 23 EDUCATION AND TRAINING FOR EMPLOYED WORKERS]. 24 (h) The University of Alaska shall evaluate the performance of its training 25 programs using the standards set out in (e) of this section and shall provide a report on 26 the results to the board [COUNCIL] for inclusion in the board's [COUNCIL'S] 27 annual report to the legislature. 28 (i) The board [COUNCIL] shall review each program listed in (f) of this 29 section to determine whether it is in compliance with the standards set out in (d) and 30 (e) of this section. If the board [COUNCIL] finds that a program has failed to comply 31 with the standards set out in (d) and (e) of this section, it shall notify the program
01 director of the failure. If the program director fails to improve the performance of the 02 program within a reasonable time, the board [COUNCIL] shall notify the governor 03 and the Legislative Budget and Audit Committee [LEGISLATIVE BUDGET AND 04 AUDIT COMMITTEE] that the program is out of compliance. A contract entered 05 into by a state agency relating to a training program set out in (f) of this section must 06 contain terms consistent with this section. 07 (j) A department that operates or contracts for a training program listed in (f) 08 of this section shall pay to the board [COUNCIL] a management assessment fee not 09 to exceed .75 percent of the program's annual operating budget. The total amount 10 received as management assessment fees may not exceed the board's [COUNCIL'S] 11 authorized budget for the fiscal year. The board [COUNCIL] shall, by regulation, 12 establish a method to determine annually the amount of the management assessment 13 fee. If the amount the board [COUNCIL] expects to collect under this subsection 14 exceeds the authorized budget of the board [COUNCIL], the board [COUNCIL] 15 shall reduce the percentages set out in this subsection so that the total amount of the 16 fees collected approximately equals the authorized budget of the board [COUNCIL] 17 for the fiscal year. The board [COUNCIL] shall adopt regulations under AS 44.62 18 (Administrative Procedure Act) necessary to administer this subsection. 19 (k) Upon the enactment of a new federal or state program relating to work 20 force development, the board [COUNCIL] shall 21 (1) advise the governor and the legislature on whether the board 22 [COUNCIL] should provide oversight for the new program under this section; and 23 (2) make recommendations necessary to streamline and coordinate 24 state efforts to meet the guidelines of the new program. 25 (l) For purposes of this section, "program" 26 (1) does not refer to the overall activities of an individual institution or 27 individual fields of study or courses that are not associated with programs for which 28 the board [COUNCIL] has oversight responsibility; 29 (2) may include a certificate or associate degree course or a course that 30 is not for credit, whether it is offered by a public or private institute or contracted for 31 by the private sector, so long as it is related to employment.
01 * Sec. 10. AS 23.15.585 is amended to read: 02 Sec. 23.15.585. Administration. (a) The governor shall appoint the 03 executive director for the Alaska Workforce Investment Board [ALASKA HUMAN 04 RESOURCE INVESTMENT COUNCIL]. The department shall provide professional, 05 technical, and administrative staff for the Alaska Workforce Investment Board 06 [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL]. 07 (b) Subject to legislative appropriations, and in accordance with AS 37.07 08 (Executive Budget Act), the board's [COUNCIL'S] budget is funded from programs 09 for which the board [COUNCIL] is the lead state planning and coordinating entity 10 under AS 23.15.575. 11 * Sec. 11. AS 23.15.640(c) is amended to read: 12 (c) The department shall [, TO THE EXTENT ECONOMICALLY 13 FEASIBLE FOR THE INDIVIDUAL,] require an individual who participated in a 14 program that was funded at least in part by a grant under AS 23.15.651 and that 15 included as a program element the provision of necessary tools, work-related clothing, 16 safety gear, or other necessities to obtain or retain employment under (a)(6) of this 17 section to reimburse the department for the portion of the grant that was spent on an 18 element listed in (a)(6) of this section. Repayment shall begin no later than six 19 months after the individual completes or leaves the state training and 20 employment program and may not be less than $25 each calendar month. The 21 department shall separately account for receipts under this subsection. The annual 22 estimated receipts may be used by the legislature to make appropriations to the 23 department to the employment assistance and training program account 24 (AS 23.15.625) for grants under AS 23.15.651. The department shall institute 25 collection procedures on outstanding promissory notes for amounts due under 26 this subsection. Collection procedures must include obtaining a judgment for 27 default on a promissory note. The department shall seek satisfaction of the 28 judgment from an individual's permanent fund dividend to the extent possible 29 under AS 43.23.065 until the judgment has been satisfied. The department shall 30 implement this subsection by regulation. 31 * Sec. 12. AS 23.15.645(a) is amended to read:
01 (a) The department shall award a grant to the board [COUNCIL] to 02 (1) administer a state training and employment program; and 03 (2) award grants to qualified entities. 04 * Sec. 13. AS 23.15.645(b) is amended to read: 05 (b) When a grant is awarded to the board [COUNCIL], the department shall 06 annually provide to the board [COUNCIL] a priority list of targeted projects or 07 services, based on unemployment statistics, unemployment insurance claims, 08 occupational and industrial projections, availability of other training and employment 09 programs, and other relevant data. The department shall also provide annually to the 10 board [COUNCIL] a priority list of criteria for eligibility to maximize services to 11 those people most in need of training under AS 23.15.620 - 23.15.660. In developing 12 the priority list for targeted projects and services, the department shall solicit 13 comments from the Department of Education and Early Development, the Department 14 of Community and Economic Development, the University of Alaska, organized labor, 15 the board [COUNCIL], and the administrative entities of the local workforce 16 investment [SUBSTATE SERVICE DELIVERY] areas established for the board 17 [COUNCIL]. The department shall give preference to projects and services that train 18 individuals in industries identified in the resident hire report required under 19 AS 36.10.130 as employing a disproportionate percentage of nonresident individuals. 20 * Sec. 14. AS 23.15.645(d) is amended to read: 21 (d) The board, by regulation, [COUNCIL] shall establish grant 22 administration requirements, including accounting procedures, that apply to qualified 23 entities and their grantees. 24 * Sec. 15. AS 23.15.645(e) is amended to read: 25 (e) In making a grant under this section, the board [COUNCIL] shall require 26 that the qualified entity and grantees of the qualified entity limit the amount of the 27 grant proceeds spent on administration so that the total spent on administration from 28 the proceeds of the employment assistance and training program account, including 29 amounts spent by the board [COUNCIL] itself, does not exceed 15 percent of 30 program expenses in the prior fiscal year [20 PERCENT]. The amount collected 31 and remitted in accordance with the shared cost requirements of the federal Office of
01 Management and Budget Circular A-87 entitled "Cost Principles for State and Local 02 Governments" is not considered an amount spent on administration under this 03 subsection. 04 * Sec. 16. AS 23.15.651 is amended to read: 05 Sec. 23.15.651. Duties of Alaska Workforce Investment Board [ALASKA 06 HUMAN RESOURCE INVESTMENT COUNCIL]; grants; eligible entities. (a) 07 In implementing this program under a grant received under AS 23.15.645, and subject 08 to the limit of its grant, the board [COUNCIL] shall award grants, in accordance with 09 the priority list established by the department under AS 23.15.645(b), to employment 10 assistance and training entities. A training entity is eligible for a grant under this 11 section if the entity meets program requirements and can demonstrate that 12 (1) its accounting systems include controls adequate to check the 13 accuracy and reliability of accounting data, promote operating efficiency, and assure 14 compliance with program requirements and generally accepted accounting principles; 15 and 16 (2) its activities do not replace or compete in any way with a federally 17 approved, jointly administered apprenticeship program or any other existing training 18 programs. 19 (b) The board [COUNCIL] may not award a grant if the grant would displace 20 money available through existing public or private training programs. 21 (c) To provide administration of the program, the board [COUNCIL] may use 22 the administrative entities of the local workforce investment [SUBSTATE SERVICE 23 DELIVERY] areas. 24 (d) The board [COUNCIL] shall annually provide the department with 25 financial and performance reporting on the activities of the program and 26 recommendations concerning continuation of funding. 27 * Sec. 17. AS 23.15.660(1) is amended to read: 28 (1) "board" ["COUNCIL"] means the Alaska Workforce 29 Investment Board [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] 30 established in AS 23.15.550; 31 * Sec. 18. AS 23.15.660 is amended by adding a new paragraph to read:
01 (4) "local workforce investment areas" means the areas established 02 under 29 U.S.C. 2831. 03 * Sec. 19. AS 23.15.700(a) is amended to read: 04 (a) There is established in the department the business incentive training 05 program. The incentive program shall be administered as a supplement to 29 U.S.C. 06 2801 - 2945 (Workforce Investment Act of 1998) [THE JOB TRAINING 07 PARTNERSHIP ACT (P.L. NO. 97-300)]. 08 * Sec. 20. AS 23.15.710 is amended to read: 09 Sec. 23.15.710. Administration. (a) The Alaska Workforce Investment 10 Board [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] shall oversee 11 the incentive program. The local workforce investment [SERVICE DELIVERY] 12 areas established under 29 U.S.C. 2831 [29 U.S.C. 1511 AND SUBJECT TO 13 REDESIGNATION UNDER 29 U.S.C. 1515] shall be used in the administration of 14 the incentive program. The local workforce investment boards [PRIVATE 15 INDUSTRY COUNCILS] appointed under 29 U.S.C. 2832 [29 U.S.C. 1512 AND 16 SUBJECT TO RECONSTITUTION UNDER 29 U.S.C. 1515] shall serve as the local 17 workforce investment boards [PRIVATE INDUSTRY COUNCILS] for the 18 incentive program. 19 (b) The board [COUNCIL] shall divide appropriations for the incentive 20 program equally among the local workforce investment boards [PRIVATE 21 INDUSTRY COUNCILS]. If a local workforce investment board [PRIVATE 22 INDUSTRY COUNCIL] lacks sufficient money to fund a proposal, the local 23 workforce investment board [PRIVATE INDUSTRY COUNCIL] may apply to the 24 board [COUNCIL] for additional funding. The board [COUNCIL] may approve 25 reallocation of money from one local workforce investment [SERVICE DELIVERY] 26 area to another to fund a particular proposal if it finds that the reallocation will best 27 serve the purposes of the program. 28 (c) The board [COUNCIL] shall adopt regulations under AS 44.62 29 (Administrative Procedure Act) to implement AS 23.15.700 - 23.15.810. 30 * Sec. 21. AS 23.15.720 is amended to read: 31 Sec. 23.15.720. Business incentive training plan. (a) A local workforce
01 investment board [PRIVATE INDUSTRY COUNCIL] shall adopt a business 02 incentive training plan for the local workforce investment [SERVICE DELIVERY] 03 area. The plan must extend for two years to coincide with the term for 29 U.S.C. 2801 04 - 2945 (Workforce Investment Act of 1998) [THE JOB TRAINING 05 PARTNERSHIP ACT (P.L. 97-300)] and must contain 06 (1) identification of the entity or entities that will administer the 07 incentive program and be the grant recipient for grants from the state; 08 (2) a description of the services to be provided, including the estimated 09 duration of service and the estimated training cost for each [PER] participant; 10 (3) procedures for identifying and selecting participants; 11 (4) performance goals established in accordance with standards under 12 AS 23.15.780; 13 (5) procedures for awarding grants to businesses; and 14 (6) the budget for two program years and any proposed expenditures 15 for the succeeding two program years in as much detail as required by the grant 16 administrator designated under AS 23.15.740. 17 (b) If changes in labor market conditions, funding, or other factors require 18 substantial deviation from an approved business incentive training plan, the local 19 workforce investment board [PRIVATE INDUSTRY COUNCIL] and the 20 appropriate elected municipal official or officials shall submit a modification of the 21 plan and the budget for review under AS 23.15.730. 22 * Sec. 22. AS 23.15.730 is amended to read: 23 Sec. 23.15.730. Review and approval of business incentive training plan. 24 The business incentive training plan shall be published and made available for review 25 and comment as an attachment to the job training plan as set out in 29 U.S.C. 2833 [29 26 U.S.C. 1515]. The business incentive training plan is subject to review and approval 27 by the governor. 28 * Sec. 23. AS 23.15.740(a) is amended to read: 29 (a) Each local workforce investment board [PRIVATE INDUSTRY 30 COUNCIL] shall designate an administrative entity to be the grant recipient and 31 administrator for the region. An employer may apply to the grant administrator for a
01 business incentive grant if the employer is a private for-profit or nonprofit corporation, 02 partnership, or sole proprietor business. The grant administrator shall review 03 applications and award grants. 04 * Sec. 24. AS 23.15.740(c) is amended to read: 05 (c) A business incentive training grant shall be used to recruit and train 06 eligible employees for newly created permanent or permanent seasonal positions or to 07 enable existing employees to acquire the skills necessary to qualify the employee to 08 implement new technologies. A business incentive training grant may be used for 09 occupations for which there is a demand in the area served or in another area to which 10 the participant is willing to relocate and for emerging technologies in the state. In 11 selecting recruiting and training programs, the local workforce investment boards 12 [PRIVATE INDUSTRY COUNCILS] and the grant administrators may consider 13 whether the occupation in which recruiting or training is sought is in a sector of the 14 economy that has a high potential for sustained demand or growth. 15 * Sec. 25. AS 23.15.740(d) is amended to read: 16 (d) Only individuals eligible under the business incentive training plan and 17 residing in the local workforce investment [SERVICE DELIVERY] area may be 18 participants in employment and training activities funded under the business incentive 19 training program. To be eligible for training or education services under 20 AS 23.15.700 - 23.15.810, immediately before beginning training or education under 21 the program, a person shall 22 (1) have been unemployed and 23 (A) receiving unemployment insurance benefits; or 24 (B) have exhausted the right to unemployment insurance 25 benefits within the past three years; 26 (2) be liable to be displaced from work within the next six months 27 because of 28 (A) reductions in overall employment within the business; 29 (B) elimination of the person's current job; or 30 (C) a change in the conditions of the employee's job requiring 31 that, to remain employed, the employee must have substantially different skills
01 that the employee does not now possess; or 02 (3) have worked in a position covered by AS 23.20 at any time during 03 the last three years and be ineligible for unemployment insurance benefits because the 04 person 05 (A) was working in a seasonal, temporary, part-time, or other 06 marginal employment; 07 (B) has insufficient qualifying wages because of limited job 08 opportunities; or 09 (C) is employed, but, because the person is underemployed, the 10 person needs employment assistance and training to obtain full employment. 11 * Sec. 26. AS 23.15.740(e) is amended to read: 12 (e) Payments to employers for on-the-job training of participants who 13 experience multiple barriers to employment or are eligible under 29 U.S.C. 2801 - 14 2945 (Workforce Investment Act of 1998) [THE JOB TRAINING PARTNERSHIP 15 ACT (P.L. 97-300)] may not average more than 80 percent of the wages paid by the 16 employer to the participant. Payments to employers for on-the-job training of other 17 participants may not average more than 50 percent of the wages paid by the employer 18 to participants. The payments shall be considered to be in compensation for the 19 extraordinary costs associated with training employees for new positions and the lower 20 productivity of the participants. 21 * Sec. 27. AS 23.15.760(b) is amended to read: 22 (b) The board [COUNCIL] shall adopt regulations concerning retention of 23 records. 24 * Sec. 28. AS 23.15.760(c) is amended to read: 25 (c) The board [COUNCIL] shall, not [NO] later than February 1 of each year, 26 prepare a report concerning the incentive program and notify the legislature that the 27 report is available. 28 * Sec. 29. AS 23.15.770(b) is amended to read: 29 (b) Personal liability insurance for members of the local workforce 30 investment board [PRIVATE INDUSTRY COUNCIL] is an allowable cost. 31 * Sec. 30. AS 23.15.790 is amended to read:
01 Sec. 23.15.790. Limitation on certain costs. Not [NO] more than 15 percent 02 of the money available to a local workforce investment [SERVICE DELIVERY] 03 area for a fiscal year may be expended for the cost of administration. For purposes of 04 this section, costs of program support, including counseling, that are directly related to 05 the provision of education or training to participants may not be counted as part of the 06 cost of administration. 07 * Sec. 31. AS 23.15.800 is amended to read: 08 Sec. 23.15.800. Selection of service providers. (a) The primary 09 consideration in selecting agencies or organizations to deliver services within a local 10 workforce investment [SERVICE DELIVERY] area is the effectiveness of the 11 agency or organization in delivering comparable or related services based on 12 demonstrated performance, in terms of the likelihood of meeting performance goals, 13 cost, quality of training, and characteristics of participants. In complying with this 14 subsection, proper consideration shall be given to community-based [COMMUNITY 15 BASED] organizations as service providers. 16 (b) Appropriate education agencies in the local workforce investment 17 [SERVICE DELIVERY] area shall be given the opportunity to provide educational 18 services, unless the grant administrator determines that alternative agencies or 19 organizations would be more effective or would have greater potential to enhance the 20 participants' continued occupational and career growth. 21 (c) The grant administrator may not fund an occupational skills training 22 program unless the level of skills provided in the program is in accordance with 23 guidelines established by the local workforce investment board [PRIVATE 24 INDUSTRY COUNCIL]. 25 * Sec. 32. AS 23.15.810(1) is amended to read: 26 (1) "board" ["COUNCIL"] means the Alaska Workforce 27 Investment Board [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL]; 28 * Sec. 33. AS 23.15.820 is amended to read: 29 Sec. 23.15.820. Powers and duties of the Alaska Workforce Investment 30 Board [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL]. (a) The 31 Alaska Workforce Investment Board [ALASKA HUMAN RESOURCE
01 INVESTMENT COUNCIL] shall 02 (1) administer the Alaska technical and vocational education program 03 established in AS 23.15.820 - 23.15.850; 04 (2) facilitate the development of a statewide policy for a coordinated 05 and effective technical and vocational education training system in this state and, to 06 the extent authorized by federal and state law, plan and coordinate federal, state, and 07 local efforts in technical and vocational education programs; 08 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 09 to carry out the purposes of AS 23.15.820 - 23.15.850, including regulations that set 10 standards for the percentage of a grant that may be used for administrative costs; the 11 regulations must clearly identify and distinguish between expenses that may be 12 included in administrative costs and those that may not be included in administrative 13 costs; the percentage allowed for administrative costs may not exceed the lesser of five 14 percent or the amount permitted under the requirements of a federal program, if 15 applicable; 16 (4) administer the grant program under AS 23.15.840 and establish 17 grant administration requirements including accounting procedures that apply to 18 qualified entities and their grantees. 19 (b) The board [COUNCIL] may 20 (1) receive money designated for technical and vocational education 21 programs and may disburse money, including grants, to technical and vocational 22 education projects in accordance with AS 37.07 (Executive Budget Act); 23 (2) enter into partnership agreements through appropriate 24 administrative agencies with private industry training entities within the state in order 25 to facilitate the coordination of training opportunities; and 26 (3) recommend to the legislature changes to enhance the effectiveness 27 of the training programs it oversees under this section. 28 * Sec. 34. AS 23.15.830 is amended to read: 29 Sec. 23.15.830. Alaska technical and vocational education program 30 account. The Alaska technical and vocational education program account is 31 established in the general fund. The commissioner of administration shall separately
01 account for money collected under AS 23.15.835 that the department deposits in the 02 general fund. The legislature may appropriate the annual estimated balance in the 03 account to the board [COUNCIL] to implement AS 23.15.820 - 23.15.850. The 04 legislature may appropriate the lapsing balance of the account to the unemployment 05 compensation fund established in AS 23.20.130. 06 * Sec. 35. AS 23.15.840(a) is amended to read: 07 (a) The board [COUNCIL] shall award grants, in accordance with the priority 08 list adopted under (f) of this section, to technical and vocational education entities. A 09 technical and vocational education entity is eligible for a grant under this section if 10 the entity meets program requirements, the grant program is physically located in 11 Alaska, and the entity can demonstrate that 12 (1) the entity's accounting systems include controls adequate to check 13 the accuracy and reliability of accounting data, promote operating efficiency, and 14 assure compliance with program requirements and generally accepted accounting 15 principles; 16 (2) the entity's activities do not replace or compete in any way with a 17 federally approved, jointly administered apprenticeship program or any other existing 18 training programs; and 19 (3) the entity has secured matching funds for the program for which 20 the grant is requested. 21 * Sec. 36. AS 23.15.840(b) is amended to read: 22 (b) The board [COUNCIL] may not award a grant if the grant would displace 23 money available through existing public or private technical and vocational education 24 programs. 25 * Sec. 37. AS 23.15.840(d) is amended to read: 26 (d) A technical or vocational educational institution that receives a grant from 27 the board [COUNCIL] shall give appropriate state agencies full access to accounting 28 records concerning the grant to assure compliance with program standards. 29 * Sec. 38. AS 23.15.840(e) is amended to read: 30 (e) In making a grant under this section, the board [COUNCIL] shall require 31 that the qualified entity and grantees of the qualified entity limit the amount of the
01 grant proceeds spent on administration so that the total spent on administration from 02 the proceeds of the technical and vocational education program account, including 03 amounts spent by the board [COUNCIL] itself, does not exceed five percent. A 04 training program funded by the board [COUNCIL] must 05 (1) meet the standards adopted by the board [COUNCIL] concerning 06 the percentage of a grant that may be spent on administrative costs; 07 (2) be operated by an institution that holds a valid authorization to 08 operate issued under AS 14.48 if the program is a postsecondary educational program 09 operated by a postsecondary educational institution subject to regulation under 10 AS 14.48. 11 * Sec. 39. AS 23.15.840(f) is amended to read: 12 (f) To the extent that funding is available, grants shall be awarded to entities 13 that apply for funding by the deadline established by the board [COUNCIL] by 14 regulation. The board [COUNCIL] shall give priority to grant applications from 15 qualified entities whose purpose is listed first on the list of priorities adopted under 16 this subsection. If money remains after grants for the first priority have been awarded, 17 the board [COUNCIL] may make grants to entities whose purpose is listed next on 18 the list of priorities. The board [COUNCIL] shall proceed in this fashion until it has 19 exhausted the money available for granting for the year. The board [COUNCIL] shall 20 adopt a priority list each year based on economic, employment, and other relevant data 21 in order to maximize employment opportunities for participants. 22 * Sec. 40. AS 23.15.850(1) is amended to read: 23 (1) "board" ["COUNCIL"] means the Alaska Workforce 24 Investment Board [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL]; 25 * Sec. 41. AS 23.20.110(a) is amended to read: 26 (a) Except as provided in (h) and (i) of this section, the department shall hold 27 information obtained from an employing unit or individual in the course of 28 administering this chapter and determinations as to the benefit rights of an individual 29 confidential and may not disclose them or open them to public inspection in a manner 30 that reveals the identity of the individual or employing unit. A claimant or an 31 employing unit, or the legal representative of the claimant or the employing unit, is
01 entitled to information from the records of the department to the extent necessary to 02 properly present or protest a claim or determination under this chapter. Subject to 03 restrictions that the department prescribes by regulation, the information may be made 04 available to an agency of this state or another state or federal agency charged with the 05 administration of an unemployment compensation law or the maintenance of a system 06 of public employment offices, or, for the purposes of the Federal Unemployment Tax 07 Act, to the Internal Revenue Service of the United States, or, for tax purposes, to the 08 Department of Revenue. Information obtained in the course of administering this 09 chapter or in connection with the administration of the employment service may be 10 made available to persons or agencies for purposes appropriate to the operation of a 11 public employment service or the administration of employment and training 12 programs planned or coordinated by the Alaska Workforce Investment Board 13 [ALASKA HUMAN RESOURCE INVESTMENT COUNCIL] under AS 23.15.550 - 14 23.15.585. 15 * Sec. 42. AS 24.60.080(h) is amended to read: 16 (h) A legislator, a legislative committee other than the Select Committee on 17 Legislative Ethics, or a legislative agency may accept [(1)] a gift of (1) volunteer 18 services for legislative purposes so long as the person making the gift of services is not 19 receiving compensation from another source for the services, or (2) [A GIFT OF] the 20 services of a trainee who is participating in an educational program approved by the 21 committee if the services are used for legislative purposes. The committee shall 22 approve training under a program of the University of Alaska and training under 29 23 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998) [29 U.S.C. 1501 - 1792B 24 (JOB TRAINING PARTNERSHIP ACT)]. A legislative volunteer or educational 25 trainee shall be considered to be a legislative employee for purposes of compliance 26 with this section, AS 24.60.030 - 24.60.039, 24.60.060, 24.60.085, 24.60.158 - 27 24.60.170, 24.60.176, and 24.60.178. If a person believes that a legislative volunteer 28 or educational trainee has violated the provisions of one of those sections, the person 29 may file a complaint under AS 24.60.170. The provisions of AS 24.60.170 apply to 30 the proceeding. 31 * Sec. 43. AS 39.50.200(a)(8) is amended to read:
01 (8) "public official" means 02 (A) a judicial officer; 03 (B) the governor or the lieutenant governor; 04 (C) a person hired or appointed in a department in the 05 executive branch as 06 (i) the head or deputy head of the department; 07 (ii) the director or deputy director of a division; 08 (iii) a special assistant to the head of the department; 09 (iv) a person serving as the legislative liaison for the 10 department; 11 (D) an assistant to the governor or the lieutenant governor; 12 (E) the chair or a member of a state commission or board other 13 than physician members or alternates of the Alaska Teachers' Retirement 14 Board appointed under AS 14.25.035(a)(2) or of the Public Employees' 15 Retirement Board appointed under AS 39.35.030(d); 16 (F) state investment officers and the state comptroller in the 17 Department of Revenue; 18 (G) the executive director of the Alaska Tourism Marketing 19 Council; 20 (H) the chief procurement officer appointed under 21 AS 36.30.010; 22 (I) the executive director of the Alaska Workforce 23 Investment Board [ALASKA HUMAN RESOURCE INVESTMENT 24 COUNCIL]; and 25 (J) each appointed or elected municipal officer; 26 * Sec. 44. AS 39.50.200(b)(55) is amended to read: 27 (55) Alaska Workforce Investment Board [ALASKA HUMAN 28 RESOURCE INVESTMENT COUNCIL] (AS 23.15.550); 29 * Sec. 45. AS 44.31.020 is amended to read: 30 Sec. 44.31.020. Duties of department. The Department of Labor and 31 Workforce Development shall
01 (1) enforce the laws, and adopt regulations under them concerning 02 employer-employee relationships, including the safety, hours of work, wages, and 03 conditions of workers, including children; 04 (2) accumulate, analyze, and report labor statistics; 05 (3) operate systems of workers' compensation and unemployment 06 insurance; 07 (4) gather data reflecting the cost of living in the various election 08 districts of the state upon request of the director of personnel under AS 39.27.030; in 09 this paragraph, "election district" has the meaning given in AS 39.27.020(b); 10 (5) operate the federally funded employment and training programs 11 under 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998) [29 U.S.C. 1501 - 12 1792B (JOB TRAINING PARTNERSHIP ACT)]; and 13 (6) administer the state's program of adult basic education. 14 * Sec. 46. AS 23.15.660(3) is repealed. 15 * Sec. 47. The uncodified law of the State of Alaska enacted in sec. 6, ch. 116, SLA 1996, 16 as amended by sec. 9, ch. 85, SLA 1998, is amended to read: 17 Sec. 6. AS 23.15.620, 23.15.625, 23.15.630, 23.15.635, 23.15.640, 23.15.645, 18 23.15.651, and 23.15.660 are repealed June 30, 2004 [2002]. 19 * Sec. 48. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 REPORT TO THE LEGISLATURE. The Department of Labor and Workforce 22 Development shall present a written report to the legislature on the state training and 23 resources program within 10 days of the beginning of the First Regular Session of the 24 Twenty-Third Alaska State Legislature. The report must include 25 (1) an outreach plan for the state training and resources program; 26 (2) a certification verification plan; 27 (3) the department's recommendations on allowable nonadministrative costs 28 for program expenses; 29 (4) a data collection and reporting plan; 30 (5) the status of the governor's discretionary fund for statewide activities 31 established as part of the 1999 Alaska Human Resource Investment Council action plan; and
01 (6) the department's recommendations on including reimbursable employers in 02 the state training and employment program, and excluding current and former employees of 03 reimbursable employers from the program. 04 * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: MEMBERS AND TERMS OF THE ALASKA WORKFORCE 07 INVESTMENT BOARD; EXECUTIVE DIRECTOR. (a) On the effective date of this 08 section, the members of the Alaska Workforce Investment Board created in AS 23.15.550, as 09 amended by sec. 3 of this Act, are the same persons who, on the day before the effective date 10 of this section, served as members of the Alaska Human Resource Investment Council under 11 AS 23.15.550 as that section appeared on the day before the effective date of this section. 12 The members described in this section shall serve the remainder of their unexpired terms. 13 (b) The person serving as executive director of the Alaska Human Resource 14 Investment Council on the day before the effective date of this section shall serve, under the 15 same terms and conditions, as executive director of the Alaska Workforce Investment Board 16 created in AS 23.15.550, as amended by sec. 3 of this Act. 17 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION: EXECUTIVE COMMITTEE OF ALASKA WORKFORCE 20 INVESTMENT BOARD. Notwithstanding AS 23.15.570(c), as amended by sec. 7 of this 21 Act, the executive committee of the Alaska Workforce Investment Board, created in 22 AS 23.15.550, as amended by sec. 3 of this Act, shall include the immediate past chair of the 23 Alaska Human Resource Investment Council, created by AS 23.15.550 as that section 24 appeared on the day before the effective date of this section. The immediate past chair of the 25 Alaska Human Resource Investment Council shall serve on the executive committee until an 26 immediate past chair of the Alaska Workforce Investment Board exists. 27 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITION: REGULATIONS. (a) Notwithstanding sec. 56 of this Act, the state 30 agencies affected by this Act may proceed to adopt regulations necessary to implement the 31 respective changes made by secs. 1 - 46 of this Act. The regulations take effect under
01 AS 44.62 (Administrative Procedure Act), but not before the effective date of the statutory 02 change. 03 (b) To the extent that the regulations are not inconsistent with the purposes of this 04 Act, regulations implementing AS 23.15.550 - 23.15.850 that are in effect on the day before 05 the effective date of this subsection remain as valid regulations implementing this Act. The 06 affected state agencies may continue to administer and enforce the regulations described in 07 this subsection. 08 (c) To the extent consistent with this Act, the regulations attorney is instructed to 09 change terms in the Alaska Administrative Code relating to the Alaska Human Resource 10 Investment Council, as follows: 11 (1) "Alaska Human Resource Investment Council" to "Alaska Workforce 12 Investment Board"; 13 (2) "council," in relation to the change described in (1) of this subsection, to 14 "board." 15 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 REVISOR OF STATUTES INSTRUCTIONS. The revisor of statutes is instructed to 18 change the heading of art. 4 of AS 23.15 from "Alaska Human Resource Investment Council" 19 to "Alaska Workforce Investment Board." 20 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 RETROACTIVITY OF SEC. 47. If sec. 47 of this Act takes effect after June 29, 23 2002, sec. 47 of this Act is retroactive to June 29, 2002. 24 * Sec. 54. Section 47 of this Act takes effect June 29, 2002. 25 * Sec. 55. Section 51(a) of this Act takes effect immediately under AS 01.10.070(c). 26 * Sec. 56. Except as provided in secs. 54 and 55 of this Act, this Act takes effect July 1, 27 2002.