S.B. 19

1

DEPARTMENT OF WORKFORCE SERVICES' REGIONAL
2 WORKFORCE SERVICE AREAS AMENDMENTS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patricia W. Jones
6 House Sponsor: James A. Dunnigan
7 Cosponsors:Mark B. MadsenRalph Okerlund 8
9 LONG TITLE
10 Committee Note:
11 The Workforce Services and Community and Economic Development Interim
12 Committee recommended this bill.
13 General Description:
14 This bill modifies provisions of the Utah Workforce Services Code related to Regional
15 Workforce Services Areas.
16 Highlighted Provisions:
17 This bill:
18 . replaces regional workforce service areas and councils with economic service areas
19 within the Department of Workforce Services;
20 . provides that the department's executive director has jurisdiction over each
21 economic service area;
22 . modifies the composition of the State Council on Workforce Services;
23 . provides that economic service area directors shall develop economic service area
24 plans;
25 . provides for advisory groups to assist economic service area directors;
26 . provides that services previously provided at regional workforce service areas shall
27 be provided in economic service areas through their employment centers; and

28 . makes certain technical changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 35A-1-102, as last amended by Laws of Utah 2002, Chapter 58
36 35A-1-201, as last amended by Laws of Utah 2002, Chapter 176
37 35A-1-202, as last amended by Laws of Utah 2005, Chapter 81
38 35A-1-203, as last amended by Laws of Utah 1997, Chapter 375
39 35A-1-206, as last amended by Laws of Utah 2010, Chapter 286
40 35A-1-207, as last amended by Laws of Utah 1997, Chapter 375
41 35A-2-101, as last amended by Laws of Utah 2000, Chapter 318
42 35A-2-102, as last amended by Laws of Utah 1997, Chapter 375
43 35A-2-103, as last amended by Laws of Utah 2010, Chapter 286
44 35A-2-201, as last amended by Laws of Utah 1998, Chapter 1
45 35A-2-202, as last amended by Laws of Utah 1999, Chapter 21
46 35A-2-203, as last amended by Laws of Utah 1998, Chapter 1
47 35A-3-115, as last amended by Laws of Utah 2010, Chapters 277 and 278
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 35A-1-102 is amended to read:
51 35A-1-102. Definitions.
52 Unless otherwise specified, as used in this title:
53 (1) "Client" means an individual who the department has determined to be eligible for
54 services or benefits under:
55 (a) Chapter 3, Employment Support Act; and
56 (b) Chapter 5, Training and Workforce Improvement Act.
57 [(2) "Consortium of counties" means an organization composed of all the counties
58 within a regional workforce services area designated under Section 35A-2-101 :]

59 [(a) in which representatives of county government consisting of county
60 commissioners, county council members, county executives, or county mayors jointly comply
61 with this title in working with the executive director of the department regarding regional
62 workforce services areas; and]
63 [(b) (i) that existed as of July 1, 1997; or]
64 [(ii) that is created on or after July 1, 1997, with the approval of the executive director.]
65 [(3)] (2) "Department" means the Department of Workforce Services created in Section
66 35A-1-103 .
67 (3) "Economic service area" means an economic service area established in accordance
68 with Chapter 2, Economic Service Areas.
69 (4) "Employment assistance" means services or benefits provided by the department
70 under:
71 (a) Chapter 3, Employment Support Act; and
72 (b) Chapter 5, Training and Workforce Improvement Act.
73 (5) "Employment center" is a location in [a regional workforce services] an economic
74 service area where the services provided by [a regional workforce services] an economic
75 service area under Section 35A-2-201 may be accessed by a client.
76 (6) "Employment counselor" means an individual responsible for developing an
77 employment plan and coordinating the services and benefits under this title in accordance with
78 Chapter 2, [Regional Workforce Services] Economic Service Areas.
79 (7) "Employment plan" means a written agreement between the department and a client
80 that describes:
81 (a) the relationship between the department and the client;
82 (b) the obligations of the department and the client; and
83 (c) the result if an obligation is not fulfilled by the department or the client.
84 (8) "Executive director" means the executive director of the department appointed
85 under Section 35A-1-201 .
86 (9) "Public assistance" means:
87 (a) services or benefits provided under Chapter 3, Employment Support Act;
88 (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
89 (c) foster care maintenance payments provided from the General Fund or under Title

90 IV-E of the Social Security Act;
91 (d) food stamps; and
92 (e) any other public funds expended for the benefit of a person in need of financial,
93 medical, food, housing, or related assistance.
94 [(10) "Regional workforce services area" means a regional workforce services area
95 established in accordance with Chapter 2, Regional Workforce Services Areas.]
96 [(11)] (10) "Stabilization" means addressing the basic living, family care, and social or
97 psychological needs of the client so that the client may take advantage of training or
98 employment opportunities provided under this title or through other agencies or institutions.
99 Section 2. Section 35A-1-201 is amended to read:
100 35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
101 Qualifications -- Responsibilities -- Deputy directors -- Reports.
102 (1) (a) The chief administrative officer of the department is the executive director, who
103 [shall be] is appointed by the governor with the consent of the Senate.
104 (b) The executive director serves at the pleasure of the governor.
105 (c) The executive director shall receive a salary established by the governor within the
106 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
107 (d) The executive director shall be experienced in administration, management, and
108 coordination of complex organizations.
109 (2) The executive director shall:
110 (a) administer and supervise the department in compliance with Title 67, Chapter 19,
111 Utah State Personnel Management Act;
112 (b) supervise and coordinate between the [regional workforce services] economic
113 service areas and [regional] directors created under Chapter 2, [Regional Workforce Services]
114 Economic Service Areas;
115 (c) coordinate policies and program activities conducted through the divisions and
116 [regional workforce services] economic service areas of the department;
117 (d) approve the proposed budget of each division, the Workforce Appeals Board, and
118 each [regional workforce services] economic service area within the department;
119 (e) approve all applications for federal grants or assistance in support of any
120 department program; and

121 (f) fulfill such other duties as assigned by the Legislature or as assigned by the
122 governor that are not inconsistent with this title.
123 (3) The executive director may appoint deputy or assistant directors to assist the
124 executive director in carrying out the department's responsibilities.
125 (4) (a) The executive director shall report annually to the Legislature and the governor
126 concerning the operations of the department and the programs that the department administers.
127 (b) If federal law requires that a report to the governor or Legislature be given
128 concerning the department or a program administered by the department, the executive director
129 or the executive director's designee shall make that report.
130 (5) The executive director shall at least annually provide for the sharing of information
131 between the advisory councils established under this title.
132 Section 3. Section 35A-1-202 is amended to read:
133 35A-1-202. Divisions -- Creation -- Duties -- Workforce Appeals Board, councils,
134 Child Care Advisory Committee, and economic services areas.
135 (1) There is created within the department the following divisions:
136 (a) the Employment Development Division to administer the development and
137 implementation of employment assistance programs that are:
138 (i) related to the operations of the department; and
139 (ii) consistent with federal and state law;
140 (b) to administer those services that are not delivered through the [regional workforce
141 services] economic service areas:
142 (i) the Workforce Development and Information Division; and
143 (ii) the Unemployment Insurance Division; and
144 (c) the Division of Adjudication to adjudicate claims or actions in accordance with this
145 title.
146 (2) In addition to the divisions created under this section, within the department are the
147 following:
148 (a) the Workforce Appeals Board created in Section 35A-1-205 ;
149 (b) the State Council on Workforce Services created in Section 35A-1-206 ;
150 (c) the Employment Advisory Council created in Section 35A-4-502 ;
151 (d) the Child Care Advisory Committee created in Section 35A-3-205 ; and

152 (e) the [regional workforce services areas and councils] economic service areas created
153 in accordance with Chapter 2, [Regional Workforce Services] Economic Service Areas.
154 Section 4. Section 35A-1-203 is amended to read:
155 35A-1-203. Executive director -- Jurisdiction over division and economic service
156 area directors -- No jurisdiction over Workforce Appeals Board -- Authority.
157 (1) The executive director has administrative jurisdiction over each division and
158 [regional workforce services] economic service area.
159 (2) To effectuate greater statewide efficiency and local flexibility in the
160 implementation of programs, the executive director shall coordinate with the directors of the
161 divisions and the directors of the [regional workforce services] economic service areas.
162 [(3) The executive director shall consult with the applicable consortium of counties in
163 developing management systems, administrative processes, and jurisdictions of the regional
164 workforce services area. The management systems, administrative processes, and jurisdictions
165 shall comply with Title 67, Chapter 19, Utah State Personnel Management Act.]
166 [(4)] (3) To effectuate greater efficiency and economy in the operations of the
167 department, the executive director may:
168 (a) make changes in personnel and service functions in the divisions and [regional
169 workforce services] economic service areas under the executive director's administrative
170 jurisdiction; and
171 (b) authorize designees to perform appropriate responsibilities.
172 [(5)] (4) (a) The executive director has no jurisdiction over the Workforce Appeals
173 Board except as provided in Subsection [(5)] (4)(b).
174 (b) The executive director shall:
175 (i) approve the budget of the Workforce Appeals Board;
176 (ii) provide the necessary staff support to the Workforce Appeals Board; and
177 (iii) make rules necessary for the operations of the Workforce Appeals Board and the
178 efficiency of the adjudicative process as a whole in accordance with Section 35A-1-303 .
179 [(6)] (5) To facilitate management of the department, the executive director may
180 establish offices necessary to implement this title or to perform functions such as budgeting,
181 planning, data processing, and personnel administration.
182 Section 5. Section 35A-1-206 is amended to read:

183 35A-1-206. State Council on Workforce Services -- Appointment -- Membership
184 -- Terms of members -- Compensation.
185 (1) There is created a State Council on Workforce Services that shall:
186 (a) perform the activities described in Subsection (8);
187 (b) advise on issues requested by the department and the Legislature; and
188 (c) make recommendations to the department regarding:
189 (i) the implementation of Chapters 2, [Regional Workforce Services] Economic
190 Service Areas, 3, Employment Support Act, and 5, Training and Workforce Improvement Act;
191 and
192 (ii) the coordination of apprenticeship training.
193 (2) (a) The council shall consist of the following voting members:
194 [(i) each chair of a regional workforce services council appointed under Section
195 35A-2-103 ;]
196 (i) a private sector representative from each economic service area as designated by the
197 economic service area director;
198 (ii) the superintendent of public instruction or the superintendent's designee;
199 (iii) the commissioner of higher education or the commissioner's designee; and
200 (iv) the following members appointed by the governor in consultation with the
201 executive director:
202 (A) four representatives of small employers as defined by rule by the department;
203 (B) four representatives of large employers as defined by rule by the department;
204 (C) four representatives of employees or employee organizations, including at least one
205 representative from nominees suggested by public employees organizations;
206 (D) two representatives of the clients served under this title including
207 community-based organizations;
208 (E) a representative of veterans in the state; [and]
209 (F) the executive director of the Utah State Office of Rehabilitation[.]; and
210 (G) the Applied Technology College president.
211 (b) The following shall serve as nonvoting ex officio members of the council:
212 (i) the executive director or the executive director's designee;
213 (ii) a legislator appointed by the governor from nominations of the speaker of the

214 House of Representatives and president of the Senate;
215 (iii) the executive director of the Department of Human Services;
216 (iv) the director of the Governor's Office of Economic Development or the director's
217 designee; and
218 (v) the executive director of the Department of Health.
219 (3) (a) The governor shall appoint one nongovernmental member from the council [to
220 be] as the chair of the council.
221 (b) The chair shall serve at the pleasure of the governor.
222 (4) (a) A member appointed by the governor shall serve a term of four years and may
223 be reappointed to one additional term.
224 (b) A member shall continue to serve until the member's successor has been appointed
225 and qualified.
226 (c) Except as provided in Subsection (4)(d), as terms of council members expire, the
227 governor shall appoint each new member or reappointed member to a four-year term.
228 (d) Notwithstanding the requirements of Subsection (4)(c), the governor shall, at the
229 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
230 council members are staggered so that approximately one half of the council is appointed every
231 two years.
232 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
233 appointed for the unexpired term.
234 (5) A majority of the voting members constitutes a quorum for the transaction of
235 business.
236 (6) A member may not receive compensation or benefits for the member's service, but
237 may receive per diem and travel expenses in accordance with:
238 (a) Section 63A-3-106 ;
239 (b) Section 63A-3-107 ; and
240 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
241 63A-3-107 .
242 (7) The department shall provide staff and administrative support to the council at the
243 direction of the executive director.
244 (8) The council shall:

245 (a) develop a state workforce services plan in accordance with Section 35A-1-207 ;
246 (b) review [regional workforce services] economic service area plans to certify
247 consistency with state policy guidelines;
248 [(c) work cooperatively with regional councils on workforce services to oversee
249 regional workforce services area operations and to ensure that services are being delivered in
250 accordance with regional workforce services plans;]
251 [(d) oversee the department's provision of technical assistance to the regional
252 workforce services areas;]
253 [(e) evaluate program performance, customer satisfaction, and other indicators to
254 identify program strengths and weaknesses;]
255 [(f) based on the evaluation conducted under Subsection (8)(e) develop plans to
256 improve program outcomes;]
257 [(g)] (c) improve the understanding and visibility of state workforce services efforts
258 through external and internal marketing strategies;
259 [(h)] (d) make an annual report of accomplishments to the governor and the Legislature
260 related to the activities of the department;
261 [(i)] (e) issue other studies, reports, or documents the council considers advisable that
262 are not required under Subsection (8)[(h)](d);
263 [(j)] (f) coordinate the planning and delivery of workforce development services with
264 public education, higher education, vocational rehabilitation, and human services; and
265 [(k)] (g) perform other responsibilities within the scope of workforce services as
266 requested by:
267 (i) the Legislature;
268 (ii) the governor; or
269 (iii) the executive director.
270 Section 6. Section 35A-1-207 is amended to read:
271 35A-1-207. State workforce services plan -- Economic service area plans.
272 (1) The State Council on Workforce Services shall annually develop a state workforce
273 services plan that shall include:
274 (a) projected analysis of the workforce needs of employers and clients;
275 (b) policy standards in programs and process when required by statute or considered

276 necessary by the council that ensure statewide program consistency among [regional workforce
277 services] economic service areas;
278 (c) state outcome-based standards for measuring program performance to ensure
279 equitable service to all clients;
280 (d) state oversight systems to review [regional] economic service area compliance with
281 state policies;
282 (e) elements of [regional workforce services] economic service area plans that relate to
283 statewide initiatives and programs;
284 (f) strategies to ensure program responsiveness, universal access, unified case
285 management;
286 (g) strategies to eliminate unnecessary barriers to access services; and
287 (h) strategies to provide assistance to employees facing employment dislocation and
288 their employers.
289 (2) (a) [Regional councils on workforce services] Economic service area directors shall
290 annually develop [a regional workforce services] an economic service area plan to be followed
291 [by the regional director] in administering services.
292 (b) The plan shall include:
293 [(a)] (i) a projected analysis of the [regional] economic service area workforce needs of
294 employers and clients;
295 [(b)] (ii) assurances that state policy standards will be incorporated into the [regional
296 workforce services] economic service area design;
297 [(c) a regional] (iii) an economic service area budget outlining administration and
298 customer support and services expenditures;
299 [(d)] (iv) the location of employment centers and staff levels to deliver services;
300 [(e)] (v) the services to be provided including assessment and support services, job
301 training options, job placement, and employer outreach;
302 [(f)] (vi) identification of targeted occupations for which training will be approved;
303 [(g) regional] (vii) economic service area outcome-based performance standards that
304 ensure equitable services to all clients;
305 [(h) regional] (viii) economic service area oversight processes that include a process to
306 evaluate program effectiveness and develop plans to improve programs;

307 [(i)] (ix) internal and external marketing strategies to improve the understanding and
308 visibility of [regional workforce service] economic service area efforts;
309 [(j)] (x) coordination of apprenticeship training; and
310 [(k)] (xi) strategies to provide assistance to employees facing employment dislocation
311 and their employers.
312 [(3) For purposes of this section, outcome measures shall:]
313 [(a) be based on:]
314 [(i) clients;]
315 [(ii) quality of service; and]
316 [(iii) successful resolution of issues that result in long-term employment for potential
317 employees and a qualified workforce for employers; and]
318 [(b) include:]
319 [(i) unemployment rates;]
320 [(ii) placement rates;]
321 [(iii) number of employees placed that are still employed after 12 months; and]
322 [(iv) changes in participation in employment assistance programs.]
323 [(4) In targeting occupations under Subsection (2)(f), the council shall consider:]
324 [(a) wages;]
325 [(b) benefits;]
326 [(c) the full range of potential employee or employer needs;]
327 [(d) economic development initiatives; and]
328 [(e) any other issues the council considers appropriate.]
329 Section 7. Section 35A-2-101 is amended to read:
330 CHAPTER 2. ECONOMIC SERVICE AREAS
331 35A-2-101. Economic service areas -- Creation.
332 (1) (a) The executive director [jointly with the Utah Association of Counties] shall
333 establish [regional workforce services] economic service areas to furnish the services described
334 in Section 35A-2-201 .
335 (b) In establishing [regional workforce services] economic service areas, the executive
336 director [and the Utah Association of Counties] shall seek input from:
337 (i) state and local government agencies and departments;

338 (ii) the groups representing public employees;
339 (iii) employers, business, education, and other entities affected by the structure of the
340 [regional workforce services] economic service areas; and
341 (iv) the general public.
342 (2) In establishing the [regional workforce services] economic service areas, the
343 executive director [and the Utah Association of Counties] shall consider:
344 (a) areas comprised of multiple counties;
345 (b) the alignment of transportation and other infrastructure or services;
346 (c) the interdependence of the economy within a geographic area;
347 (d) the ability to develop regional marketing and economic development programs;
348 (e) the labor market areas;
349 (f) the population of the area, as established in the most recent estimate by the Utah
350 Population Estimates Committee;
351 (g) the number of individuals in the previous year receiving:
352 (i) services under Chapter 3, Employment Support Act; and
353 (ii) benefits under Chapter 4, Employment Security Act; and
354 (h) other factors that relate to the management of the programs administered or that
355 relate to the delivery of services provided under this title.
356 Section 8. Section 35A-2-102 is amended to read:
357 35A-2-102. Directors of economic service areas -- Appointment.
358 (1) The chief officer of each [regional workforce services] economic service area shall
359 be a director, who [shall serve] serves as the executive and administrative head of the [regional
360 workforce services] economic service area.
361 (2) A director:
362 (a) shall be appointed [jointly] by the executive director [and all regional councils on
363 workforce services established in the regional workforce services area under Section
364 35A-2-103 ]; and
365 (b) may be removed from that position at the will of the executive director.
366 (3) [A] An economic service director [of a regional workforce services area] shall be
367 experienced in administration and possess [such] additional qualifications as determined by the
368 executive director, and as provided by law.

369 (4) The director shall[: (a)] report [annually to all regional councils on workforce
370 services established in the regional workforce services area under Section 35A-2-103
371 concerning] on a regular basis to the State Council on Workforce Services on the delivery of
372 services in the [regional workforce services] economic service area[; and].
373 [(b) work with the council established in the regional workforce services area under
374 Section 35A-2-103 in developing the regional plan as outlined in Subsection 35A-1-207 (2)
375 on:]
376 [(i) regional planning priorities;]
377 [(ii) training priorities; and]
378 [(iii) locations of employment centers.]
379 Section 9. Section 35A-2-103 is amended to read:
380 35A-2-103. Advisory groups -- Creation.
381 (1) The [executive] economic service area director [shall jointly with all of the
382 consortium of counties in the regional workforce services area,] may establish one or more
383 [regional councils on workforce services] advisory groups in each [regional workforce
384 services] economic service area.
385 (2) An advisory group established under Subsection (1) shall advise the economic
386 service area director as needed on:
387 (a) the economic service area's planning priorities;
388 (b) training priorities; and
389 (c) development of the economic service area plan.
390 [(2) A regional council on workforce services shall:]
391 [(a) perform the functions described in Subsection (10);]
392 [(b) work with the regional director, the department, the consortium of counties, and
393 the State Council on Workforce Services on issues requested by the director of the regional
394 workforce services area or the department; and]
395 [(c) make recommendations to the regional workforce services area and department
396 regarding:]
397 [(i) the implementation of Chapters 2, Regional Workforce Services Areas, 3,
398 Employment Support Act, and 5, Training and Workforce Improvement Act; and]
399 [(ii) coordination of apprenticeship training.]

400 [(3) Unless otherwise specified in this Subsection (3), members of a regional council
401 on workforce services shall be appointed by the consortium of counties that covers the same
402 geographic area as the regional council in the regional workforce services area, in consultation
403 with the regional director, and shall consist of the following:]
404 [(a) the voting members who are:]
405 [(i) eight representatives of private sector small employers as defined by rule by the
406 department;]
407 [(ii) eight representatives of private sector large employers as defined by rule by the
408 department;]
409 [(iii) two representatives of employees, including employee organizations and
410 including at least one representative from nominees suggested by public employees
411 organizations in the region;]
412 [(iv) two representatives of clients, including community-based organizations;]
413 [(v) one representative from organized labor not representing public employees;]
414 [(vi) three representatives of county government consisting of county commissioners,
415 county council members, county executives, or county mayors from the counties in the regional
416 workforce services area;]
417 [(vii) a representative of public education appointed jointly by the school district
418 superintendents in the region;]
419 [(viii) a representative of higher education appointed jointly by the presidents of the
420 institutions of higher education in the region;]
421 [(ix) a representative of veterans;]
422 [(x) a representative of the Office of Rehabilitation; and]
423 [(xi) an individual who works for or is a member of an economic development board
424 or committee of the state or one of its political subdivisions; and]
425 [(b) ex officio nonvoting members who are:]
426 [(i) a representative of applied technology;]
427 [(ii) a representative of the Department of Human Services; and]
428 [(iii) a representative of the Department of Health.]
429 [(4) The director of the regional workforce services area shall be a nonvoting ex officio
430 member of the council and provide any necessary staff support for the council.]

431 [(5) (a) The consortium of counties in the regional workforce services area that
432 appoints the council shall, in consultation with the regional director, appoint a member of the
433 council to be the chair of the council to serve no more than two one-year terms.]
434 [(b) The chair shall be a representative of private sector employers.]
435 [(6) (a) (i) Except as provided in Subsection (6)(a)(ii), as terms of council members
436 expire, the consortium of counties in the regional workforce services area that appoints the
437 council shall, in consultation with the regional director, appoint each new member or
438 reappointed member to a four-year term.]
439 [(ii) Notwithstanding the requirements of Subsection (6)(a)(i), the consortium of
440 counties in the regional workforce services area that appoints the council shall, in consultation
441 with the regional director, at the time of appointment or reappointment, adjust the length of
442 terms to ensure that the terms of council members are staggered so that approximately one half
443 of the council is appointed every two years.]
444 [(iii) When a vacancy occurs in the membership for any reason, the replacement shall
445 be appointed for the unexpired term.]
446 [(b) At the expiration of the term of a council member or if a vacancy occurs on the
447 council, the consortium of counties in the regional workforce services area shall appoint a
448 replacement to the council, in consultation with the regional director.]
449 [(c) A member shall continue to serve as a member until the member's successor has
450 been appointed and qualified.]
451 [(d) A member is eligible for reappointment.]
452 [(e) The consortium of counties in the regional workforce services area that appoints
453 the council shall appoint, in consultation with the regional director, an individual to replace a
454 council member for the remainder of the term of the council member being replaced if the
455 council member:]
456 [(i) ceases to be representative as designated by the original appointment; or]
457 [(ii) fails to attend three council meetings, if each of the three absences are not excused
458 by the chair prior to or during the meeting.]
459 [(7) (a) A majority of the voting members constitutes a quorum for the transaction of
460 business.]
461 [(b) Notwithstanding Subsection (7)(a), a majority of the private sector representatives

462 shall be present for business to be transacted.]
463 [(8) A member may not receive compensation or benefits for the member's service, but
464 may receive per diem and travel expenses in accordance with:]
465 [(a) Section 63A-3-106 ;]
466 [(b) Section 63A-3-107 ; and]
467 [(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
468 63A-3-107 .]
469 [(9) The regional council shall annually provide the consortium of counties that
470 appoints the council a written report that shall include the information concerning the elements
471 of the regional plan described in Subsection 35A-2-102 (4)(b).]
472 [(10) The regional councils on workforce services shall:]
473 [(a) determine the locations of employment centers in accordance with Section
474 35A-2-203 ;]
475 [(b) develop a regional workforce services plan in accordance with Section
476 35A-1-207 ;]
477 [(c) develop training priorities for the region;]
478 [(d) work cooperatively with the State Council on Workforce Services to oversee
479 regional workforce services areas operations and to ensure that services are being delivered in
480 accordance with regional workforce services plans;]
481 [(e) address concerns within the regional workforce services area related to
482 apprenticeship training coordination;]
483 [(f) coordinate the planning and delivery of workforce development services with
484 public education, higher education, vocational rehabilitation, and human services; and]
485 [(g) report annually to the State Council on Workforce Services.]
486 Section 10. Section 35A-2-201 is amended to read:
487 35A-2-201. Services provided in economic service areas.
488 (1) [Regional workforce services] Economic service areas shall:
489 (a) through [its] their employment centers, be the primary provider of services and
490 support under Chapter 3, Employment Support Act;
491 (b) broker or contract for services or training under Chapter 5, Training and Workforce
492 Improvement Act; and

493 (c) serve as [a regional clearinghouse] economic service area clearinghouses of
494 information concerning workforce development and services and support available under this
495 title.
496 (2) (a) In providing, brokering, or contracting for the services or training described in
497 Subsection (1)(b), the [regional] economic service area director [of a regional workforce
498 services area], in consultation with the executive director, shall ensure that the [regional
499 workforce services] economic service area provides, brokers, or contracts for services and
500 training that [meets] meet the needs of the special needs population in the [regional workforce
501 services] economic service area.
502 (b) For purposes of Subsection (2)(a), "special needs population" means individuals
503 who have special employment needs based on factors including race, gender, age, disability,
504 economic status, education, language skills, and work history.
505 Section 11. Section 35A-2-202 is amended to read:
506 35A-2-202. Employment counselors -- Specialization -- Employment plan.
507 (1) [At] One or more employment counselors shall be employed at each employment
508 center of [a regional workforce services] an economic service area established under Section
509 35A-2-101 [there shall be employed one or more employment counselors].
510 (2) A client shall be assigned one employment counselor unless a client:
511 (a) needs only limited services under this title for which expedited procedures are
512 appropriate; or
513 (b) receives diversion assistance under Section 35A-3-303 .
514 (3) An employment counselor shall:
515 (a) develop an employment plan jointly with the client; and
516 (b) coordinate any services provided, brokered, or contracted for by the department to
517 that client.
518 (4) The employment counselor assigned to a client may be selected because of the
519 employment counselor's experience or knowledge in the benefits or services available under the
520 title that best meet the specific needs of the client and the employment counselor's skills in
521 working with groups of clients to develop plans leading to self-sufficiency.
522 (5) (a) An employment counselor shall be:
523 (i) trained in the requirements of and benefits or services provided through

524 employment centers in at least one of the following:
525 (A) Chapter 3, Employment Support Act; and
526 (B) Chapter 5, Training and Workforce Improvement Act;
527 (ii) capable of:
528 (A) conducting an effective assessment;
529 (B) negotiating an employment plan; and
530 (C) providing the necessary encouragement and support to a client; and
531 (iii) knowledgeable of:
532 (A) department policies;
533 (B) relevant law;
534 (C) current labor market conditions;
535 (D) education and training programs for adults; and
536 (E) services and supports available in the community.
537 (b) At the discretion of the director of [a regional workforce services] an economic
538 service area, an employment counselor may receive special training in the requirements of or
539 providing services under the statutes listed in Subsection (5)(a)(i).
540 (6) (a) A client employment plan may include:
541 (i) services and support necessary for stabilization;
542 (ii) assessment and training; and
543 (iii) placement.
544 (b) The client employment plan shall consider the job opportunities available to the
545 client based on the job market.
546 (c) The client employment plan shall be outcome-focused.
547 (7) If a client seeks cash assistance under Chapter 3, Employment Support Act, the
548 assignment of an employment counselor and the creation and implementation of an
549 employment plan shall be consistent with Section 35A-3-304 .
550 Section 12. Section 35A-2-203 is amended to read:
551 35A-2-203. Employment centers.
552 (1) In each county within [a regional workforce services] an economic service area, the
553 [regional council on workforce services] executive director shall:
554 (a) designate the location of one or more employment centers, as defined in Section

555 35A-1-102 , in which the services are provided by the department; or
556 (b) coordinate with the department to establish access to the services provided by the
557 department by means other than an employment center.
558 (2) An employment center shall provide a comprehensive program of employment
559 services including job placement, job development, stabilization, assessment, and job training
560 through its employment counselors as part of a system of unified case management.
561 (3) The department may make services that are provided through employment centers
562 under this section accessible through electronic linkage.
563 Section 13. Section 35A-3-115 is amended to read:
564 35A-3-115. Public Employment Offices -- Agreements with other authorities --
565 Federal system accepted -- Appropriation.
566 (1) (a) The division shall establish and maintain free public employment offices in a
567 manner and in [such] places as may be necessary for the proper administration of this chapter
568 and for the purposes of performing the functions as are within the purview of the Act of
569 Congress entitled "An act to provide for the establishment of a national employment system
570 and for co-operation with the states in the promotion of such system, and for other purposes,"
571 approved June 6, 1933, 48 Stat. 113; U. S. Code, Title 29, Section 49 (c) as amended,
572 hereinafter referred to as the "Wagner-Peyser Act."
573 (b) The division shall consult with [regional councils on workforce services] the
574 directors of economic service areas when determining the location of public employment
575 offices.
576 (c) [A] The division may locate a public employment office [may be located] in
577 connection with or as an integrated part of an employment center established under Section
578 35A-2-203 .
579 (2) (a) The provisions of the Wagner-Peyser Act, 29 U.S.C. 49-49c, 49g, 49h, 49k, and
580 557, are accepted by this state.
581 (b) The department is designated and constitutes the agency of this state for the
582 purposes of the act.
583 (3) (a) For the purpose of establishing and maintaining free public employment offices,
584 and promoting the use of their facilities, the division may enter into agreements with the
585 railroad retirement board, or any other agency of the United States, or of this or any other state,

586 charged with the administration of any law whose purposes are reasonably related to the
587 purposes of this chapter.
588 (b) As a part of an agreement entered into under Subsection (3)(a), the division may
589 accept money, services, or quarters as a contribution to the maintenance of the state system of
590 public employment offices or as reimbursement for services performed.




Legislative Review Note
as of 11-17-10 2:56 PM

Office of Legislative Research and General Counsel