CHAPTER 410
S.P. 616 - L.D. 1815
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-J, sub-§1, as amended by PL 1989, c. 49, §3, is repealed.
Sec. 2. 5 MRSA §12004-L, sub-§3, as enacted by PL 1987, c. 786, §5, is repealed.
Sec. 3. 5 MRSA §12004-L, sub-§8, as enacted by PL 1993, c. 381, §9, is repealed.
Sec. 4. 20-A MRSA §12707, as amended by PL 1991, c. 716, §7, is repealed.
Sec. 5. 26 MRSA §799, as amended by PL 1989, c. 49, §4, is repealed.
Sec. 6. 26 MRSA §800, as amended by PL 1993, c. 600, Pt. A, §20, is repealed.
Sec. 7. 26 MRSA §801, as amended by PL 1993, c. 600, Pt. A, §§21 and 22, is repealed.
Sec. 8. 26 MRSA §802, as amended by PL 1985, c. 785, Pt. B, §116, is repealed.
Sec. 9. 26 MRSA c. 11, sub-c. I, as amended, is repealed.
Sec. 10. 26 MRSA §1452, as amended by PL 1995, c. 560, Pt. G, §16 and affected by §29, is repealed and the following enacted in its place:
§1452. Coordination of Maine occupational information
Oversight of the duties and responsibilities outlined in section 1453 is the responsibility of the Maine Jobs Council.
Sec. 11. 26 MRSA §2005, as amended by PL 1989, c. 878, Pt. A, §73, is repealed.
Sec. 12. 26 MRSA §2006 is enacted to read:
§2006. Establishment of Maine Jobs Council
1. Responsibilities. The Maine Jobs Council is established and in this section is referred to as the "council." The council will ensure that the State's workforce development system helps Maine people and businesses compete successfully in the global economy. Specific responsibilities include but are not limited to:
A. Performing all of the duties and responsibilities of the State Human Resource Investment Council as defined in the United States Job Training Partnership Act, United States Code, Title 29, Section 1792;
B. Recommending to the Governor an annual state workforce development plan designed to maximize utilization and effectiveness of state workforce development services;
C. Monitoring agency and system-wide strategic goals based on the statewide workforce development policy and strategic plan and evaluating progress toward meeting those goals;
D. Providing recommendations to the Governor and the Legislature that would improve system effectiveness and reduce system fragmentation;
E. Creating greater coordination between economic development and human resource development and education programs; and
F. Ensuring a balance between rural and urban workforce development.
2. Membership. The council consists of members appointed by the Governor.
A. If the State has received a waiver under the Omnibus Appropriations Act, 1997, United States Department of Labor Appropriations, federal Public Law 104-208, Section 105, 35% of the appointments must represent business and industry with consideration given to a balance among small, medium and large firms and 35% must represent employees, with no less than 15% of the total membership on the council representing organized labor. The remaining 30% must represent the general public.
B. If the State has not received a waiver under the Omnibus Appropriations Act, 1997, United States Department of Labor Appropriations, federal Public Law 104-208, Section 105, appointments must be made consistent with the representation requirements of the United States Job Training Partnership Act, United States Code, Title 29, Section 1792a, including representatives from business and industry, organized labor, state agencies responsible for human resource programs and educational and community-based institutions.
The Governor shall ensure that the council and its technical support group have sufficient expertise to effectively carry out the duties and functions of the council.
3. Terms of members. One third of the initial appointees shall serve for a one-year term, 1/3 of the initial appointees shall serve for a 2-year term and 1/3 shall serve for a 3-year term. All subsequent appointees shall serve 3-year terms.
4. Chair and vice-chair. The Governor shall appoint a chair and vice-chair from the membership of the council to serve for a one-year term. The Governor may reappoint members to serve as chair or vice-chair.
5. Functions and duties of the council. The council shall carry out the following duties:
A. Provide policy oversight and recommendations to ensure the effectiveness of labor market information services and programs;
B. Provide policy recommendations to ensure the effectiveness of vocational education programs;
C. Provide policy oversight and recommendations to ensure the effectiveness of vocational programs for people with disabilities with the intent to support efforts that reduce barriers to employment;
D. Provide policy oversight and recommendations to ensure that self-employment, micro-enterprise and small businesses are part of the overall workforce development strategy;
E. Provide policy recommendations to ensure the effectiveness of work-related programs and services for youth, including youth with disabilities, and report to the joint standing committee of the Legislature having jurisdiction over labor matters by January 15, 1999;
F. Provide policy recommendations to ensure the effectiveness of work-related programs and services for "at-risk" youth, and report to the joint standing committee of the Legislature having jurisdiction over labor matters by January 15, 2000; and
G. Assume the responsibilities of the State Apprenticeship and Training Council through its subcommittee on apprenticeship.
6. Powers. The council shall have the necessary authority to carry out the purposes of this section.
7. Committee structure. The council has the following committee structure.
A. The council shall create 4 standing committees of up to 12 members. Each standing committee may include up to 4 noncouncil members appointed by the council chair and drawn from the same constituency groups as the council's membership. The standing committees shall make recommendations to the full council. The 4 standing committees are as follows:
(1) Apprenticeship, with its membership divided evenly among representatives from business and industry, labor and the public. The council, through its Standing Subcommittee on Apprenticeship, will function as the State Apprenticeship Council based on the Apprenticeship Council's existing or successor language;
(2) School-to-work;
(3) Employment of people with disabilities; and
(4) Women's employment issues.
B. The council may also create additional committees to address specific problems and issues. These committees may consist of up to 12 members and may include up to 4 noncouncil members appointed by the council chair and drawn from the same constituency groups as the council's membership. These committees shall make recommendations to the full council.
C. The Governor shall appoint members to a technical support group to assist the council in the performance of its duties and responsibilities. The Governor shall appoint persons to serve on the technical support group for 3-year terms. The services provided by the State's various workforce organizations must be fairly represented in the technical support group with consideration given to a balance between rural and urban interests. Organizations with representation on the technical support group may include, but are not limited to:
(1) The Job Training Partnership Act Service Delivery Areas;
(2) Adult education;
(3) School-to-work;
(4) Providers that specialize in women's workforce issues;
(5) Rehabilitation providers;
(6) Welfare-to-work;
(7) The University of Maine System;
(8) The Maine Technical College System;
(9) Applied technology education; and
(10) The Department of Economic and Community Development, the Department of Education, the Department of Human Services, the Department of Labor and the State Planning Office.
8. Meetings. The council shall meet at such times and such places as it considers necessary. The meetings must be publicly announced and open to the general public. A majority of members of the council constitutes a quorum for the transaction of business.
9. Administration. The Department of Education and the Department of Labor shall jointly administer the council. The Department of Labor is the fiscal agent for the council. Pursuant to the Commissioner of Labor's authority under section 1401-B and to the Commissioner of Education's authority under Title 20-A, section 253, subsection 2, the Commissioner of Labor and the Commissioner of Education may designate employees they consider necessary to carry out the State's responsibility under this section.
The Commissioner of Education and the Commissioner of Labor are authorized to adopt joint rules as may be necessary to carry out the State's responsibility under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
The council shall establish bylaws for its governance. These bylaws are subject to the Governor's approval.
10. Compensation. Members of the council receive no compensation for their services. Reimbursement of necessary expenditures incurred in the performance of their duties on the council, which are allowed by state law, are administered by the Department of Labor from federal or state appropriations.
Sec. 13. Transition. Effective January 1, 1998, the Maine Jobs Council is the successor to the powers, duties and functions of the following councils:
1. The Governor's Committee on Employment of People with Disabilities;
2. The Maine Council on Vocational Education;
3. The Maine Enterprise Option Advisory Committee;
4. The Maine Human Resource Development Council;
5. The Maine Occupational Information Coordinating Committee;
6. The School-to-Work CO2 Executive Committee;
7. The School-to-Work CO2 Delegate Agency Council which will be abolished at the conclusion of the CO2 Federal Grant on June 30, 1999;
8. The School-to-Work CO2 Steering Committee; and
9. The State Apprenticeship Council.
Effective September 19, 1997, unless otherwise indicated.
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