Chapter 5B. Economic Development Act Of 1985


Published: 2015

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WEST VIRGINIA CODE











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WVC 5B-

CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

WVC 5 B- 2 B-

ARTICLE 2B. WEST VIRGINIA WORKFORCE INVESTMENT ACT.







WVC 5 B- 2 B- 1

§5B-2B-1. Short title.

This article shall be known and may be cited as the "West

Virginia Workforce Investment Act".







WVC 5 B- 2 B- 2

§5B-2B-2. Definitions.

As used in this article, the following terms have the

following meanings, unless the context clearly indicates otherwise:

(1) "Commission" or "legislative oversight commission" means

the legislative oversight commission on workforce investment for

economic development created pursuant to section seven of this

article.

(2) "Council" means the West Virginia workforce investment

council.

(3) "Team" means the workforce investment interagency

collaborative team.







WVC 5 B- 2 B- 3

§5B-2B-3. West Virginia Workforce Investment Council; membership

of Board; meetings; quorum requirements.

(a) The West Virginia Workforce Investment Council is hereby

created and shall serve as the state's Workforce Investment Board,

as required by the federal Workforce Investment Act, 29 U.S.C.

§2801, et seq. The Council shall make general recommendations

regarding workforce investment in the state to the Governor and the

Legislature.

(b) The Council may consist of no more than thirty-nine

members, including ex officio members.

(c) The Governor shall appoint, with the advice and consent of

the Senate, members to the Council according to the following

criteria:

(1) Representatives of business in the state, including at

least one representing the tourism industry, who are:

(A) Owners of businesses, chief executive officers, chief

operating officers of business and other business executives or

employers with optimum policy-making or hiring authority, including

members of regional workforce investment boards;

(B) Representatives of businesses having employment

opportunities that reflect the employment opportunities of the

state; and

(C) Individuals nominated by state business organizations and

business trade associations;

(2) No more than two members who are members of the Council for Community and Technical College Education;

(3) Two members who are members of the West Virginia Council

for Community and Economic Development;

(4) Two members who are chief elected officials representing

cities and counties;

(5) Two members who represent individuals and organizations

having experience and expertise in the delivery of workforce

investment programs, including one chief executive officer of a

community and technical college and one chief executive officer of

a community-based organization operating in the state;

(6) Two members who represent individuals and organizations

having experience in youth activities, including at least one youth

from a post-secondary education institution; and

(7) Two members who represent labor organizations in the state

who have been nominated by state labor federations.

(d) The following shall serve on the Council as ex officio

members:

(1) The Governor, or his or her designee;

(2) The Superintendent of the Department of Education, or his

or her designee;

(3) The Director of the Division of Rehabilitation Services,

or his or her designee: Provided, That the designee has

policy-making authority over a workforce investment program within

the Division of Rehabilitation Services;

(4) The Commissioner of the Bureau of Senior Services, or his or her designee: Provided, That the designee has policy-making

authority over a workforce investment program within the Bureau of

Senior Services;

(5) The Commissioner of the Bureau of Employment Programs, or

his or her designee: Provided, That the designee has policy-making

authority over a workforce investment program within the Bureau of

Employment Programs;

(6) The Director of the Division of Veterans' Affairs, or his

or her designee: Provided, That the designee has policy-making

authority over a workforce investment program within the Division

of Veterans' Affairs;

(7) The Executive Director of the West Virginia Development

Office;

(8) The Secretary of the Department of Health and Human

Resources, or his or her designee: Provided, That the designee has

policy-making authority over a workforce investment program within

the Department of Health and Human Resources;

(9) The Chancellor of the West Virginia Council for Community

and Technical College Education; and

(10) The Chancellor for Higher Education.

(e) The Speaker of the House of Delegates shall appoint two

members of the House of Delegates to serve on the Council, as

nonvoting members.

(f) The President of the Senate shall appoint two members of

the Senate to serve on the Council, as nonvoting members.

(g) The Governor shall appoint a Chair and Vice Chair for the

Council from among the members appointed pursuant to subdivision

(1), subsection (c) of this section.

(h) Initial terms for appointed members of the Council are for

up to three years as determined by the Governor. All subsequent

terms are for three years.

(i) The Council shall meet at least quarterly and appointed

members of the Council may be reimbursed for reasonable expenses

incurred within the scope of their service on the Council.

(j) A majority of the members of the Council constitute a

quorum: Provided, That a majority of the members making the quorum

are members appointed pursuant to subdivision (1), subsection (c)

of this section.

(k) The Council may create subcommittees to carry out any of

its duties. Quorum requirements required by subsection (j) of this

section also apply to subcommittees.

(l) No member of the Council may:

(1) Vote on a matter under consideration by the Council:

(A) Regarding the provision of services by the member or by an

entity that the member represents; or

(B) That would provide direct financial benefit to the member

or the immediate family of the member; or

(2) Engage in any other activity determined by the Governor to

constitute a conflict of interest as specified in the strategic

five-year state Workforce Investment Plan.







WVC 5 B- 2 B- 4

§5B-2B-4. Duties of the Workforce Investment Council.

     (a) The council shall assist the Governor in the:

     (1) Development and revision of a strategic five-year state

workforce investment plan, including the establishment of an

overall workforce investment public agenda with goals and

benchmarks of success for the state, state agencies and for local

workforce investment boards;

     (2) Development and continuous improvement of a statewide

system of workforce investment activities including:

     (A) Development of linkages in order to assure coordination

and nonduplication of services and activities of workforce

investment programs conducted by various entities in the state; and

     (B) The review of strategic plans created and submitted by

local workforce investment boards;

     (3) Commenting at least annually on the measures taken by the

state pursuant to the Carl D. Perkins Vocational and Applied

Technology Education Act, 20 U.S.C. §2323;

     (4) Designation and revision of local workforce investment

areas;

     (5) Development and revision of allocation formulas for the

distribution of funds for adult employment and training activities

and youth activities to local areas;

     (6) Development and continuous improvement of comprehensive

state performance measures, including state-adjusted levels of performance, to assess the effectiveness of the workforce

investment activities in the State;

     (7) Preparation of the annual report to the Secretary of Labor

as required by the Workforce Investment Act, 29 U.S.C. §2871;

     (8) Development and continued improvement of a statewide

employment statistics system; and

     (9) Development and revision of an application for workforce

investment incentive grants.

     (b) The council shall make a report to the Legislative

Oversight Commission on Workforce Investment for Economic

Development and the Legislative Oversight Commission on Education

Accountability on or before November 1 of each year, detailing:

(1) All the publicly funded workforce investment programs operating

in the state, including the amount of federal and state funds

expended by each program, how the funds are spent and the resulting

improvement to the workforce; (2) the council's recommendations

concerning future use of funds for workforce investment programs;

(3) the council's analysis of operations of local workforce

investment programs; (4) the council's recommendations for the

establishment of an overall workforce investment public agenda with

goals and benchmarks of success for the state, state agencies and

for local workforce investment boards; (5) the status of one-stop

system operations in the state, including all memoranda of

understanding entered into by the one-stop partners and local workforce investment boards; (6) the status and outcome data

regarding the council and local workforce investment boards'

success in linking West Virginia PROMISE scholars to employment

with a West Virginia employer; and (7) any other information the

commission may require.

     (c) To aid in the report required in subsection (b) of this

section, each local workforce investment board shall report

annually to the council on or before September 1 of each year on

the status of one-stop centers within the region each board

represents, attaching all memoranda of understanding entered into

with one-stop partners.

     (d) The council shall provide information and guidance to

local workforce investment boards and staff, to enable them to

better educate both women and men about higher paying jobs and

careers including jobs traditionally dominated by men or women.

Such guidance shall promote services provided by the local

workforce investment boards for job seekers that includes:

     (1) Current information about compensation for jobs and

careers that offer high earning potential including jobs that are

traditionally dominated by men or women;

     (2) Counseling, skills development and training opportunities

that encourage both women and men to seek employment in such jobs;

     (3) Referral information to employers offering such jobs; or

     (4) Information regarding the long-term consequences, including lower social security benefits or pensions, of choosing

jobs that offer lower earnings potential and are traditionally

dominated by women or men.







WVC 5 B- 2 B- 5

§5B-2B-5. State agencies.

On or before the first day of November any state agency that

receives federal or state funding that has been used for workforce

investment activities for the past fiscal year shall provide to the

council a report, detailing the source and amount of federal, state

or other funds received; the purposes for which the funds were

provided; the services provided in each regional workforce

investment area; the measures used to evaluate program performance,

including current and baseline performance data; and any other

information requested by the council. All reports submitted

pursuant to this section are to be in a form approved by the

council.







WVC 5 B- 2 B- 6

§5B-2B-6. Administration of council.

(a) Workforce West Virginia shall provide administrative and

other services to the council as the council requires.

(b) Workforce West Virginia shall facilitate the coordination

of council activities and local workforce investment activities,

including holding meetings with the executive directors of each

local workforce investment board at least monthly. Any executive

director of a local workforce investment board who participates in

a meeting held pursuant to this subsection shall report to his or

her board and the county commission of each county represented by

the board regarding the meeting.







WVC 5 B- 2 B- 7

§5B-2B-7. Legislative oversight commission on workforce investment

for economic development.

(a) There is hereby created a joint commission of the

Legislature known as the legislative oversight commission on

workforce investment for economic development.

(b) The commission is to be composed of four members of the

Senate appointed by the president of the Senate from the members of

the joint commission on economic development and four members of

the House of Delegates appointed by the speaker of the House of

Delegates from the members of the joint commission on economic

development. No more than three of the four members appointed by

the president of the Senate and the speaker of the House of

Delegates, respectively, may be members of the same political

party. The president of the Senate and the speaker of the House of

Delegates shall each appoint a chairperson from their respective

houses. The members shall serve until their successors have been

appointed.

(c) Members of the commission may receive compensation and

expenses as provided in article two-a, chapter four of this code.

Expenses, including those incurred in the employment of legal,

technical, investigative, clerical, stenographic, advisory and

other personnel, are to be approved by the joint committee on

government and finance and paid from legislative appropriations.

(d) The commission may meet at any time both during sessions

of the Legislature and in the interim or as often as may be necessary.







WVC 5 B- 2 B- 8

§5B-2B-8. Powers and duties of the commission.

(a) The commission shall make a continued investigation, study

and review of the practices, policies and procedures of the

workforce investment strategies and programs implemented in the

state.

(b) The commission has the authority to conduct or cause to be

conducted performance audits upon local workforce investment

boards.

(c) For purposes of carrying out its duties, the commission is

hereby empowered and authorized to examine witnesses and to

subpoena persons, books, records, documents, papers or any other

tangible things it believes should be examined to make a complete

investigation. All witnesses appearing before the commission shall

testify under oath or affirmation, and any member of the commission

may administer oaths or affirmations to witnesses. To compel the

attendance of witnesses at hearings or the production of any books,

records, documents, papers or any other tangible things, the

commission is hereby empowered and authorized to issue subpoenas,

signed by one of the chairpersons, in accordance with section five,

article one, chapter four of this code. Subpoenas are to be served

by any person authorized by law to serve and execute legal process

and service is to be made without charge. Witnesses subpoenaed to

attend hearings are to be allowed the same mileage and per diem as

are allowed witnesses before any petit jury in this state. If any

person subpoenaed to appear at any hearing refuses to appear or to answer inquiries there propounded, or fails or refuses to produce

books, records, documents, papers or other tangible things within

his or her control when they are demanded, the commission shall

report the facts to the circuit court of Kanawha County or any

other court of competent jurisdiction and the court may compel

obedience to the subpoena as though the subpoena had been issued by

the court in the first instance.







WVC 5 B- 2 B- 9

§5B-2B-9. Coordination between agencies providing workforce

investment programs, local workforce investment

boards and the Executive Director of Workforce West

Virginia.

(a) To provide ongoing attention to addressing issues that

will build and continually improve the overall workforce investment

system, the Workforce Investment Interagency Collaborative Team is

hereby created. The team shall be the single state interagency

source for addressing issues or concerns related to building and

maintaining the most effective and efficient implementation of the

federal Workforce Investment Act and the overall workforce

development system in West Virginia. The team shall focus on how

best to collaborate between and among the state agencies directly

involved in workforce investment activities and shall develop a

strategic plan to that end. The team shall serve as a forum for

the council to seek information or recommendations in furtherance

of its responsibilities under this article. Workforce West

Virginia is the entity which shall convene the team at least

monthly and shall provide administrative and other services to the

team as the team requires.

(b) The team shall consist of members from each agency subject

to the reporting provisions of section five of this article. Each

agency shall appoint two representatives to the team consisting of

the chief official of the department or division and the official

within that department or division who is directly responsible for overseeing the workforce investment program or activities at the

state level. A designee may be selected to represent a member

appointed to the team: Provided, That the designee has

policy-making decision authority regarding workforce investment

activities including program and fiscal issues. The team members

have authority to make decisions on behalf of the agency at the

level required for the team to address issues and advance system

improvements.

(c) The team shall coordinate the development of a

self-sufficiency standard study for the State of West Virginia.

The self-sufficiency standard is to measure how much income is

needed for a household of a given composition in a given place to

adequately meet its basic needs without public or private

assistance. Beginning on the first day of November, two thousand

four, and every two years thereafter, this study is to be reported

to the Speaker of the House of Delegates, the President of the

Senate, the Workforce Investment Council and the Legislative

Oversight Commission on Workforce Investment for Economic

Development.

(d) Beginning the first day of January, two thousand three, in

order to lawfully continue any workforce investment activities, any

agency subject to the reporting provisions of section five of this

article shall enter into a memorandum of understanding with the

Executive Director of Workforce West Virginia and any local

workforce investment board representing an area of this state in which the agency is engaged in workforce investment activities. To

the extent permitted by federal law, the agreements are to maximize

coordination of workforce investment activities and eliminate

duplication of services on both state and local levels.

(e) No memorandum of understanding may be effective for more

than one year without annual reaffirmation by the parties.

(f) Any state agency entering a memorandum of understanding

shall deliver a copy thereof to both the West Virginia Workforce

Investment Council and the legislative oversight commission.







WVC 5 B- 2 B- 4 A

§5B-2B-4a. Report to Legislature.

     (a) The Legislature finds that:

     (1) The advent and advancement of new technologies in

horizontal drilling and the production of horizontal wells defined

in article six-a, chapter twenty-two of this code has created

thousands and has the potential to create thousands of additional

drilling, production, construction, manufacturing, and related jobs

in West Virginia and in the Appalachian Basin;

     (2) This economic opportunity presents new and exciting

opportunities for jobs for West Virginians;

     (3) The state needs to take all necessary steps to retain,

educate and train West Virginians to have the skills necessary to

compete for job opportunities resulting from horizontal drilling;

and

(4) Specific attention shall be made by the state of West

Virginia to train and educate West Virginia citizens that have not

historically or traditionally been exposed to the oil and gas

industry through training programs offered by community colleges,

technical schools and institutions and small business owners.

Small business owners shall be made aware by the State of West

Virginia of any and all programs and grants available to assist

them in training said individuals.

     (b) To assist in maximizing the economic opportunities

available with horizontal drilling, the council shall make a report

to the Joint Committee on Government and Finance and the

Legislative Oversight Commission on Education Accountability on or

before November 1 of each year through 2016, detailing a comprehensive review of the direct and indirect economic impact of

employers engaged in the production of horizontal wells in the

State of West Virginia, as more specifically defined in article

six-a, chapter twenty-two of this code, which shall include:

     (1) A review of the total number of jobs created;

     (2) A review of total payroll of all jobs created;

     (3) The average salary per job type;

     (4) A review of the number of employees domiciled in the State

of West Virginia;

     (5) A review of total economic impact;

     (6) The council's recommendations for the establishment of an

overall workforce investment public education agenda with goals and

benchmarks toward maximizing job creation opportunities in the

State of West Virginia;

     (7) A review of number of jobs created for minorities based on

race, ethnicity and gender;

     (8) A review of number of jobs created for individuals re-

employed from the state of West Virginia's unemployment rosters;

     (9) A review of number of jobs created for returning veterans;

and

     (10) A review of number of jobs created for legal West

Virginia residents and non-West Virginia residents.

     (c) To the extent permitted by federal law, and to the extent

necessary for the council to comply with this section, the council,

Workforce West Virginia, the Division of Labor, and the Office of

the Insurance Commissioner may enter into agreements providing for

the sharing of job data and related information.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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