GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	3 

SENATE BILL 1013
Manufacturing and Labor Committee Substitute Adopted 6/14/93
Third Edition Engrossed 7/20/93

Short Title:  Workforce Preparedness Act.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  Appropriations.
─────────────────────────────────────── 

May 3, 1993

A BILL TO BE ENTITLED
AN ACT TO ENACT THE WORKFORCE PREPAREDNESS ACT, AND TO  MAKE CONFORMING CHANGES TO THE GENERAL STATUTES.
The General Assembly of North Carolina enacts:
Section 1. Chapter 143 of the General Statutes is amended by adding the following new Article to read:
"ARTICLE 64.
"Workforce Preparedness Act.
"§ 143-592.  Title; purpose.
(a)	This Article may be known and shall be cited as the North Carolina Workforce Preparedness Act.
(b)	The purpose of this act is to develop a comprehensive State policy to guide the use of vocational education, adult basic education, employment, job training, and other resources toward the achievement of State workforce preparedness goals by:
(1)	Articulating and clarifying State policy and goals with regard to vocational education, adult basic education, employment, job training, and other applicable federal programs; and
(2)	Provide for legislative review and comment on certain reports, plans, and recommendations.
"§ 143-593.  State policy on workforce preparedness.
(a)	It is the policy of this State that all federal, State, and local government resources provided for vocational education, adult basic education, employment, and job training programs be coordinated to effect an efficient workforce preparedness system.
(b)	The goals of the State workforce preparedness programs are:
(1)	To assist North Carolinians in obtaining gainful employment;
(2)	To reduce dependence upon public assistance and unemployment insurance programs;
(3)	To develop a well-trained, productive work force that meets the needs of the State's changing economy; and
(4)	To make maximum use of existing institutions and organizations with demonstrated effectiveness in employment and training service delivery.
(c)	The State's goals shall be accomplished by:
(1)	Preparing unskilled youth and adults, and economically disadvantaged persons, for entry into the work force;
(2)	Retraining people who are structurally unemployed, who are jobless through no fault of their own, or who must upgrade or retrain for job skills in other fields;
(3)	Removing barriers to employment and designing programs that will be responsive to the special needs of offenders, handicapped persons, public assistance recipients, school dropouts, single parents, women age 35 years or older, and other appropriate groups;
(4)	Insuring that timely and accurate statewide labor market data are available;
(5)	Linking employment and training services with economic development efforts, except as prohibited by the Job Training Partnership Act;
(6)	Providing employment and training opportunities to meet the needs of industries utilizing advanced technology; and
(7)	Avoiding unnecessary duplication of employment and training services by State agencies; and
(8)	Requiring instruction on worker safety and health standards and practices as a part of employment and job training programs administered under this Part.
(d)	The guidelines for developing a coordinated workforce preparedness system are:
(1)	The system should achieve a level of integration of workforce preparedness programs to provide a continuum of services for eligible recipients;
(2)	The system should give high priority to training the kinds of skilled workers that would both attract and grow high-skilled, high-wage industries;
(3)	Each program within the system should accurately measure desired outcomes to insure that each public dollar yields the greatest return on investment; and
(4)	The system must provide maximum flexibility at the local level to allow greater freedom for local leaders to shape local plans and objectives according to their labor market needs.
"§ 143-594.  Definitions.
As used in this Article, unless the context clearly requires otherwise:
(1)	'Commission' means the Commission on Workforce Preparedness established under this Article;
(2)	'System' means the workforce preparedness system consisting of workforce preparedness programs as specified in G.S. 143-596;
(3)	'Workforce preparedness program' means any of the State or federal resource programs designated as such under G.S. 143-596 or applicable federal law.
"§ 143-595.  Commission on Workforce Preparedness.
There is established in the Office of the Governor the Commission on Workforce Preparedness, as permitted by Title VII of the Job Training Reform Amendments of 1992.
"§ 143-596.  Workforce Preparedness Programs.
(a)	The federal resource programs created by the following federal legislation are designated as North Carolina's Workforce Preparedness Programs:
(1)	Adult Education Act (20 U.S.C. § 1201, et seq.);
(2)	Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. § 2301, et seq.);
(3)	Wagner-Peyser Act (29 U.S.C. § 49, et seq.);
(4)	National and Community Service Act of 1990 (42 U.S.C. § 12501, et seq.);
(5)	Part F of Title IV of the Social Security Act (42 U.S.C. § 681, et seq.);
(6)	Job Training Partnership Act (29 U.S.C. § 1501, et seq.);
(7)	Food Stamp Act of 1977 employment program (7 U.S.C. § 2015(d)(4); and
(8)	All other applicable federal human resource programs except for those programs under the federal Rehabilitation Act of 1973 (29 U.S.C. § 701, et seq.).
(b)	All State resource programs which involve vocational education, basic and remedial education, or job training, are designated as workforce preparedness programs.
"§ 143-597.  Governor's Coordination and Special Services Plan.
The Governor's Coordination and Special Services Plan shall comply with the provisions of section 121 of the Job Training Partnership Act.
"§ 143-598.  Employment and Training Grant Program.
(a)	There is established in the Department of Commerce, Division of Employment and Training, an Employment and Training Grant Program. The purpose of the program is to make grants available to local agencies operating on behalf of the Private Industry Council serving Job Training Partnership Act service delivery areas. Grant funds shall be allocated for the purpose of enabling recipient agencies to implement local employment and training programs in accordance with existing resources, local needs, local goals, and selected training occupations. The Department shall adopt rules in accordance with Chapter 150B of the General Statutes for administering the Employment and Training Grant Program, which rules shall include procedures for review and approval of grant applications by local agencies and for monitoring use of grant funds by recipient agencies. A State-administered program of performance standards shall be used to measure grant program outcomes.
(b)	Use of Grant Funds. – Local agencies may use funds received under this section only for the purpose of upgrading the foundation of basic skills of the adult population and the existing work force in North Carolina. Services that may be provided include participant programs currently available under the federal Job Training Partnership Act that are appropriate for adults; on-the-job training; work experience; adult basic education; skills training, upgrading, and retraining; counseling and screening for job placement; service corps; and related support services. Local agencies may use grant funds to provide services only to individuals who are 18 years of age or older and who either (i) meet the current federal Job Training Partnership Act definition of 'economically disadvantaged', or (ii) meet the current definition for eligibility under Title III of the federal Job Training Partnership Act.
(c)	Allocation of Grants. – The Department may reserve and allocate up to twenty percent (20%) of funds available to the Employment and Training Grant Program for State and local administrative costs to implement the program. The Division of Employment and Training shall allocate employment and training grants to local agencies operating on behalf of the Private Industry Council serving Job Training Partnership Act service delivery areas based on the following formula:
(1)	One-half of the funds shall be allocated on the basis of the relative excess number of unemployed individuals residing in each county as compared to the total excess number of unemployed individuals in all counties in the State.
		'Excess number of unemployed' is defined as the number of unemployed individuals in excess of four and one-half percent (4.5%) of the civilian labor force in each county or the number of unemployed individuals in excess of four and one-half percent (4.5%) of the civilian labor force in each census tract within the county. The following methodology is used to determine the excess number of unemployed:
a.	For counties classified as having excess unemployment, the excess number of unemployed is determined by subtracting four and one-half percent (4.5%) of the civilian labor force from the number of unemployed individuals within the county. The difference equals the number of excess unemployed.
b.	In situations where the entire county is not classified as having excess unemployment, the excess number of unemployed is determined by census tract unemployment within the county. Census tract data is used to determine which subcounty areas qualify as areas of excess unemployment. In those subcounty areas classified as having excess unemployment (census tracts with four and one-half percent (4.5%) or higher unemployment rates), four and one-half percent (4.5%) of the census tract labor force is subtracted from the number of unemployed individuals within the area of excess unemployment. The subcounty figures of excess number of unemployed within the county are then added together to determine the total excess number of unemployed within the county.
(2)	One-half of the funds shall be allocated on the basis of the relative number of economically disadvantaged individuals within each county compared to the total number of economically disadvantaged individuals in the State. To determine the number of economically disadvantaged individuals within each county, data from the State Data Center in the Office of State Budget and Management, or from the federal decennial census, whichever is most recent, shall be used.
(d)	Reports, Coordination. – The Department of Commerce shall report quarterly to the Governor and to the Speaker of the House of Representatives and the President Pro Tempore of the Senate on the North Carolina Employment and Training Grant Program. The Department shall also provide a copy of these quarterly reports to the Commission. The Commission shall advise the Department on the merger of the funds provided to implement this section with other employment and training funds to develop comprehensive workforce preparedness initiatives for the State."
Sec. 2.  Part 3A of Article 10 of Chapter 143B of the General Statutes is repealed.
Sec. 3.  The phrase "Job Training Coordinating Council" is deleted and replaced by the phrase "Commission on Workforce Preparedness" wherever it occurs in the General Statutes.
Sec. 4.  Nothing in this act shall obligate the General Assembly to appropriate State funds exceeding the level authorized in Chapter 321 of the 1993 Session Laws.
Sec. 5.  This act is effective upon ratification.