CHAPTER 18.1. STATE WORKFORCE INNOVATION COUNCIL
IC 22-4-18.1
Chapter 18.1. State Workforce Innovation Council
IC 22-4-18.1-1
"Applicable federal program" defined
Sec. 1. As used in this chapter, "applicable federal program"refers to the federal human resource programs for which the councilhas authority to make recommendations as listed in section 4 of thischapter.
As added by P.L.38-1993, SEC.58.
IC 22-4-18.1-2
"Council" defined
Sec. 2. As used in this chapter, "council" refers to the stateworkforce innovation council established by section 3 of this chapter.
As added by P.L.38-1993, SEC.58. Amended by P.L.161-2006,SEC.7.
IC 22-4-18.1-3
Council; establishment; purpose and duties
Sec. 3. The state workforce innovation council is establishedunder the applicable federal programs to do the following:
(1) Review the services and use of funds and resources underapplicable federal programs and advise the governor onmethods of coordinating the services and use of funds andresources consistent with the laws and regulations governingthe particular applicable federal programs.
(2) Advise the governor on:
(A) the development and implementation of state and localstandards and measures; and
(B) the coordination of the standards and measures;
concerning the applicable federal programs.
(3) Perform the duties as set forth in federal law of theparticular advisory bodies for applicable federal programsdescribed in section 4 of this chapter.
(4) Identify the workforce needs in Indiana and recommend tothe governor goals to meet the investment needs.
(5) Recommend to the governor goals for the development andcoordination of the human resource system in Indiana.
(6) Prepare and recommend to the governor a strategic plan toaccomplish the goals developed under subdivisions (4) and (5).
(7) Monitor the implementation of and evaluate theeffectiveness of the strategic plan described in subdivision (6).
(8) Advise the governor on the coordination of federal, state,and local education and training programs and on the allocationof state and federal funds in Indiana to promote effectiveservices, service delivery, and innovative programs.
(9) Administer the minority training grant program establishedby section 11 of this chapter.
(10) Administer the back home in Indiana program established
by section 12 of this chapter.
(11) Any other function assigned to the council by the governorwith regard to the study and evaluation of Indiana's workforcedevelopment delivery system.
As added by P.L.38-1993, SEC.58. Amended by P.L.96-2004,SEC.19; P.L.161-2006, SEC.8.
IC 22-4-18.1-4
Council; designated as state advisory body under specified federallaws; administration of programs
Sec. 4. (a) The council shall serve as the state advisory bodyrequired under the following federal laws:
(1) The Workforce Investment Act of 1998 under 29 U.S.C.2801 et seq., including reauthorizations of the Act.
(2) The Wagner-Peyser Act under 29 U.S.C. 49 et seq.
(3) The Carl D. Perkins Vocational and Applied TechnologyAct under 20 U.S.C. 2301 et seq.
(4) The Adult Education and Family Literacy Act under 20U.S.C. 9201 et seq.
(b) In addition, the council may be designated to serve as the stateadvisory body required under any of the following federal laws uponapproval of the particular state agency directed to administer theparticular federal law:
(1) The National and Community Service Act of 1990 under 42U.S.C. 12501 et seq.
(2) Part A of Title IV of the Social Security Act under 42U.S.C. 601 et seq.
(3) The employment and training programs established underthe Food Stamp Act of 1977 under 7 U.S.C. 2011 et seq.
(c) The council shall administer the minority training grantprogram established by section 11 of this chapter and the back homein Indiana program established by section 12 of this chapter.
As added by P.L.38-1993, SEC.58. Amended by P.L.96-2004,SEC.20; P.L.161-2006, SEC.9.
IC 22-4-18.1-5
Council membership
Sec. 5. (a) Subject to subsection (b), the membership of the stateworkforce innovation council established under section 3 of thischapter consists of the representatives required by the WorkforceInvestment Act (29 U.S.C. 2801 et seq.), including reauthorizationsof the Act, and must represent the diverse regions of Indiana.
(b) The state superintendent of public instruction or thesuperintendent's designee serves as a member of the state workforceinnovation council.
As added by P.L.38-1993, SEC.58. Amended by P.L.179-1999,SEC.3; P.L.161-2006, SEC.10.
IC 22-4-18.1-6
Council; members; term of office; vacancies Sec. 6. (a) The governor shall appoint members to the council fortwo (2) year terms. The terms must be staggered so that the terms ofhalf of the members expire each year.
(b) The governor shall promptly make an appointment to fill anyvacancy on the council, but only for the duration of the unexpiredterm.
As added by P.L.38-1993, SEC.58. Amended by P.L.161-2006,SEC.11.
IC 22-4-18.1-6.5
Council; meetings; remote participation
Sec. 6.5. (a) This section applies to a meeting of the council atwhich at least half of the members appointed to the council arephysically present at the place where the meeting is conducted.
(b) A member of the council may participate in a meeting of thecouncil using a means of communication that permits:
(1) all other members of the council participating in themeeting; and
(2) all members of the public physically present at the placewhere the meeting is conducted;
to simultaneously communicate with each other during the meeting.
(c) A member who participates in a meeting under subsection (b)is considered to be present at the meeting and may vote on any matterproperly presented during the meeting.
(d) A member who participates in a meeting under subsection (b)shall confirm in writing not more than five (5) days after the date ofthe meeting the votes cast by the member during the meeting. Themember may send the confirmation by United States mail orfacsimile.
(e) A member shall attend at least three (3) meetings of thecouncil during a calendar year in person.
(f) The memorandum of the meeting prepared under IC 5-14-1.5-4must also state the name of each member who:
(1) was physically present at the place where the meeting wasconducted;
(2) participated in the meeting using a means of communicationdescribed in subsection (b); and
(3) was absent.
As added by P.L.161-2006, SEC.12.
IC 22-4-18.1-7
Employment of professional, technical, and clerical personnel;contracting for services; financial oversight
Sec. 7. (a) Except as provided in subsection (b) and subject to theapproval of the commissioner of the department of workforcedevelopment, the state personnel department, and the budget agency,the council may employ professional, technical, and clericalpersonnel necessary to carry out the duties imposed by this chapterusing the following:
(1) Funds available under applicable federal and state programs. (2) Appropriations by the general assembly for this purpose.
(3) Funds in the state technology advancement and retentionaccount established by IC 4-12-12-1.
(4) Other funds (other than federal funds) available to thecouncil for this purpose.
(b) Subject to the approval of the commissioner of the departmentof workforce development and the budget agency, the council maycontract for services necessary to implement this chapter.
(c) The council is subject to:
(1) the allotment system administered by the budget agency;and
(2) financial oversight by the office of management and budget.
As added by P.L.38-1993, SEC.58. Amended by P.L.21-1995,SEC.96; P.L.96-2004, SEC.21; P.L.161-2006, SEC.13.
IC 22-4-18.1-8
Council members; per diem and reimbursement of expenses
Sec. 8. (a) Any member of the council who is not a state employeeis entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). Such a member is also entitled to reimbursementfor traveling expenses under IC 4-13-1-4 and other expenses actuallyincurred in connection with the member's duties as provided in thestate policies and procedures established by the Indiana departmentof administration and approved by the budget agency.
(b) Any member of the council who is a state employee but whois not a member of the general assembly is entitled to reimbursementfor traveling expenses under IC 4-13-1-4 and other expenses actuallyincurred in connection with the member's duties as provided in thestate policies and procedures established by the Indiana departmentof administration and approved by the budget agency.
(c) Any member of the council who is a member of the generalassembly is entitled to receive the same per diem, mileage, and travelallowances paid to members of the general assembly serving oninterim study committees established by the legislative council.
As added by P.L.38-1993, SEC.58.
IC 22-4-18.1-9
Bylaws and rules; advisory committees
Sec. 9. The council shall adopt bylaws and rules governing thecouncil's organization and operation, including bylaws and rulesgoverning the establishment of advisory committees considerednecessary by the council, scheduling of council meetings, and otheractivities necessary to implement this chapter.
As added by P.L.38-1993, SEC.58.
IC 22-4-18.1-10
Certification to federal official of establishment and membershipof council
Sec. 10. The state shall certify to:
(1) the United States Secretary of Labor the establishment and
membership of the council at least ninety (90) days before thebeginning of each period of two (2) program years for which ajob training plan is submitted under this chapter; and
(2) any other appropriate United States Secretary charged withadministering a particular applicable federal program theestablishment and membership of the council.
As added by P.L.38-1993, SEC.58.
IC 22-4-18.1-11
Grants for minority training programs
Sec. 11. (a) For purposes of this section, "minority student" meansa student who is a member of at least one (1) of the followinggroups:
(1) Blacks.
(2) American Indians.
(3) Hispanics.
(4) Asian Americans.
(5) Other similar racial groups.
(b) The council shall develop a program to provide grants fromthe state technology advancement and retention account establishedby IC 4-12-12-1 for minority training programs for minority students.The grants must be used as follows:
(1) Thirty-five percent (35%) for programs designed to enhancetraining in technology advancement for minority students.
(2) Sixty-five percent (65%) for generalized training programsfor minority students.
(c) The council shall adopt policies under which recipients mayapply for and receive the grants.
(d) Grants issued under this section are subject to approval by thebudget agency.
As added by P.L.96-2004, SEC.22.
IC 22-4-18.1-12
Back home in Indiana program; grants
Sec. 12. (a) The council shall develop a program to provide forgrants from the state technology advancement and retention accountestablished by IC 4-12-12-1 or contracts to develop a back home inIndiana program. The program must provide a system to trackstudents who have graduated from private and public colleges anduniversities in Indiana. The program must include a means ofperiodically contacting these graduates to inform them of jobopportunities in Indiana.
(b) The council shall work with the colleges and universities inIndiana to develop the tracking system.
(c) Grants issued under this section are subject to approval by thebudget agency.
As added by P.L.96-2004, SEC.23.