WEST VIRGINIA CODE
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
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
(2) "Council" means the West Virginia workforce investment
(3) "Team" means the workforce investment interagency
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
(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
(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
(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
(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
(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
(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
(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
(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
(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
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
(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
(b) The commission has the authority to conduct or cause to be
conducted performance audits upon local workforce investment
(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
(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
(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
(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;
(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;
(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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