HB344INTRODUCED
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HB344
MBP3H1W-1
By Representative Garrett
RFD: Economic Development and Tourism
First Read: 21-Mar-24
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First Read: 21-Mar-24
SYNOPSIS:
This bill would amend Section 25-2-2, Section
25-2-3, and Section 25-2-6, Code of Alabama 1975, to
rename the Alabama Department of Labor to the Alabama
Department of Workforce, to change the title of the
head of the department from Secretary of Labor to
Secretary of Workforce, to further provide for the
duties and responsibilities of the secretary, and to
transfer certain state and federal workforce programs,
staff, and assets from the Department of Commerce to
the department.
This bill would also add Chapter 15 of Title 25,
Code of Alabama 1975, and amend Section 41-29-282, Code
of Alabama 1975, to establish the Alabama Workforce
Board as the State Workforce Development Board, to
establish seven regional workforce boards, add
responsibilities of the new Department, and further
provide for the responsibilities of the Department of
Commerce and the Alabama Industrial Development and
Training Institute.
This bill would also repeal Sections 41-29-290,
Section 41-29-291, Section 41-29-292, Section
41-29-293, Section 41-29-294, Section 41-29-295,
Section 41-29-296, and Section 41-29-297, Code of
Alabama 1975, relating to the Alabama Workforce
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Alabama 1975, relating to the Alabama Workforce
Council, and specifically repeal Section 41-29-300,
Code of Alabama 1975, relating to the Regional
Workforce Development Councils.
A BILL
TO BE ENTITLED
AN ACT
To amend Section 25-2-2, Section 25-2-3, and Section
25-2-6, Code of Alabama 1975, renaming the Alabama Department
of Labor to the Alabama Department of Workforce, and changing
the title of the head of the department from Secretary of
Labor to Secretary of Workforce.
To add Chapter 15 of Title 25, Code of Alabama 1975,
and amend Section 41-29-282, Code of Alabama 1975,
establishing the Alabama Workforce Board as the State
Workforce Development Board, adding responsibilities of the
new Department and further providing for the responsibilities
of the Department of Commerce and the Alabama Industrial
Development and Training Institute.
To repeal Section 41-29-290, Section 41-29-291,
Section 41-29-292, Section 41-29-293, Section 41-29-294,
Section 41-29-295, Section 41-29-296, and Section 41-29-29,
Code of Alabama 1975, relating to the Alabama Workforce
Council, and to specifically repeal Section 41-29-300, Code of
Alabama 1975, relating to the Regional Workforce Development
Councils.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Alabama Workforce Transformation Act.
Section 2. The Alabama Department of Labor is hereby
renamed the Alabama Department of Workforce, and the head of
the department shall be known and designated as the Secretary
of Workforce. Any reference in Alabama law or in any contract,
deed, financial instrument or other legal document to the
Alabama Department of Labor or Secretary of Labor shall be
interpreted to mean the Alabama Department of Workforce or the
Secretary of Workforce as necessary to accomplish the purposes
of this act. The Code Commissioner shall conform references in
the Code of Alabama 1975, to existing departments, offices,
officers, and other state entities or positions to reflect the
changes required by this act. Code changes shall be made at a
time determined to be appropriate by the Code Commissioner.
Section 3. Section 25-2-2, Code of Alabama 1975, is
amended to read as follows:
"§25-2-2
(a) The general functions and duties of the Department
of LaborWorkforce shall be as follows:
(1) To administer all labor laws and all laws relating
to the relationship between employer and employee, including
laws relating to hours of work, and working conditions in
places of employment.
(2) To make or cause to be made all necessary
inspections to determine whether or not the laws, the
administration of which is delegated to the Department of
LaborWorkforce, and rules and regulations issued pursuant
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LaborWorkforce, and rules and regulations issued pursuant
thereto, are being complied with by employers and employees,
and to take such action as may be necessary to enforce
compliance; provided, however, that there shall be no
inspection of boilers which have been inspected, approved, and
insured by an insurance company authorized to do business in
the State of Alabama. Provided, however, that this provision
may not prevent compliance verification by the department.
(3) To propose to the board of appeals, provided for in
this chapter, such rules and regulations, or amendments as may
be deemed advisable for the prevention of accidents or the
prevention of sickness and diseases in mines. The Secretary of
LaborWorkforce may appoint committees composed of employers,
employees, and experts to suggest and assist in the
preparation of rules and regulations or amendments.
(4) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 4 of this title, and it shall have power
and authority to adopt and enforce all reasonable rules and
orders necessary or suitable to that end, and to require any
reports, and to take any other action, consistent with Chapter
4 of this title, necessary or suitable to that end.
(5) To cooperate with all authorities of the United
States having powers and duties under the Wagner-Peyser Act,
approved June 6, 1933 (48 Stat. 113, United States Code, Title
29, Section 49) entitled "An Act to provide for the
establishment of a national employment system and for
cooperation with the states in the promotion of such system
and for other purposes," and to do and perform all things
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and for other purposes," and to do and perform all things
necessary to secure for the State of Alabama the benefits of
such act and the promotion and maintenance of a system of
public employment offices. The Department of LaborWorkforce is
hereby designated as the state agency and vested with all
powers necessary to cooperate with the United States
Employment Service or its successor.
(6) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 5 of this title, and it shall have power
and authority to adopt and enforce all reasonable rules and
orders necessary or suitable to that end, and to require any
reports, and to take any other action, consistent with Chapter
5 of this title, necessary or suitable to that end.
(7) To make investigations and studies and to collect,
collate, and compile statistical information and to make and
publish reports concerning the state’s labor force
participation rate, unemployment rate, barriers to employment,
conditions of labor generally, including living conditions,
hours of work, wages paid, and all matters relating to the
enforcement and effect of the provisions of this title coming
under the jurisdiction of the Department of LaborWorkforce and
the rules and regulations issued pursuant thereto and other
laws relating to the Department of LaborWorkforce. The
Secretary of LaborWorkforce shall deliver a copy of each such
report to every person making application therefor.
(8) To make an annual report to the Governor covering
the activities and accomplishments of the Department of
LaborWorkforce during the preceding fiscal year, accompanied
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LaborWorkforce during the preceding fiscal year, accompanied
by the recommendations of the Secretary of LaborWorkforce. The
report shall be printed and the Secretary of LaborWorkforce
shall deliver a copy to every person making application
therefor.
(9) To make recommendations to the Legislature for the
enactment of laws which, on the basis of information and
statistics compiled by the Department of LaborWorkforce,
appear to be desirable for the development and training of the
state’s labor force, protection of laborers , and for promoting
and fostering amicable relations between employers and
employees.
(10) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Section 25-2-7, and it shall have power and
authority to adopt and enforce all reasonable rules and orders
necessary or suitable to that end, and to require any reports,
and to take any other action, consistent with Section 25-2-7,
necessary or suitable to that end.
(11) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 7 of this title and such other statutes
as may be provided by law and to advise the Governor with
respect to the provisions thereof, and it shall have power and
authority to adopt and enforce all reasonable rules and orders
necessary or suitable to that end, and to require any reports,
and to take any other action, consistent with Chapter 7 of
this title, necessary or suitable to that end.
(12) To administer and perform, by and under the
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(12) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 8 of this title, and it shall have the
power and authority to adopt and enforce all reasonable rules
and orders necessary or suitable to that end, and to require
any reports, and to take any other action, consistent with
Chapter 8 of this title, necessary or suitable to that end.
(13) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 9 of this title, and it shall have power
and authority to adopt and enforce all reasonable rules and
orders necessary or suitable to that end, and to require any
reports, and to take any other action, consistent with Chapter
9 of this title, necessary or suitable to that end.
(14) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 10 of this title, and it shall have
power and authority to adopt and enforce all reasonable rules
and orders necessary or suitable to that end, and to require
any reports, and to take any other action, consistent with
Chapter 10 of this title, necessary or suitable to that end.
(15) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 11 of this title, and it shall have
power and authority to adopt and enforce all reasonable rules
and orders necessary or suitable to that end, and to require
any reports, and to take any other action, consistent with
Chapter 11 of this title, necessary or suitable to that end.
(16) To administer and perform, by and under the
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(16) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 12 of this title, and it shall have
power and authority to adopt and enforce all reasonable rules
and orders necessary or suitable to that end, and to require
any reports, and to take any other action, consistent with
Chapter 12 of this title, necessary or suitable to that end.
(17) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 13 of this title, and to require any
reports, and to take any other action, consistent with Chapter
13 of this title, necessary or suitable to that end.
(18) To administer and perform, by and under the
direction of the Secretary of LaborWorkforce, all functions
and duties of Chapter 14 of this title, and it shall have
power and authority to adopt and enforce all reasonable rules
and orders necessary or suitable to that end, and to require
any reports, and to take any other action, consistent with
Chapter 14 of this title, necessary or suitable to that end.
(19) To perform the duties set forth in subsection
(a)(5) of this chapter related to the administration of Title
III of the Wagner-Peyser Act and the Employment Service and
the Alabama Career Center Systems within the State.
(20) To cooperate with all authorities of the United
States concerning the development, management, and delivery of
workforce and labor market information funded through the
Workforce and Labor Market Information Grants to States (WIGS)
implementation of the federal Workforce Information Grant.
(21) To cooperate with all authorities of the United
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(21) To cooperate with all authorities of the United
States concerning the management and delivery of the Jobs for
Veterans State Grants Program.
(22) To cooperate with all authorities of the United
States concerning the management and delivery of the federal
Work Opportunity Tax Credit.
(23) To cooperate with all authorities of the United
States concerning the management and delivery of the Federal
Bonding Program.
(24) To administer the Alabama Workforce Board, its
Executive Committee, and the Regional Workforce Boards.
(25) To collaborate with the Alabama Workforce Board,
its Executive Committee, and other state agencies,
departments, boards, and commissions to develop cohesive and
coordinated workforce development strategies, programs, and
budget recommendations.
(26) To administer all workforce development programs
currently administered by the Department of Commerce, except
for the Alabama Industrial Development Training Institute,
including, but not limited to:
a. Programs funded by Title I of the federal Workforce
Innovation and Opportunity Act.
b. The Alabama Office of Apprenticeship.
c. The Alabama Committee on Credentialing and Career
Pathways established by Act 2019-506.
d. The Alabama Committee on Credential Quality and
Transparency established by Act 2023-365.
e. The Alabama STEM Council.
f. The Office of Education and Workforce Statistics.
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f. The Office of Education and Workforce Statistics.
(b) The combining of the functions of the Department of
Industrial Relations and Department of Labor made by Act
2012-496 shall reduce administrative costs and expenses paid
from the State General Fund by an amount equal to at least 20
percent of the amount appropriated from the State General Fund
to the Department of Labor for the fiscal year ending
September 30, 2012.
(b) All state-level staff and state-owned assets
assigned to Regional Workforce Councils at the Department of
Commerce shall be transferred to the Department of Workforce. "
Section 4. Section 25-2-3, Code of Alabama 1975, is
amended to read as follows:
"§25-2-3
(a) The Secretary of LaborWorkforce, with the approval
of the Governor, may establish such division or divisions as
may, in his discretion, be necessary or desirable for the
administration or enforcement of any law or any rule or
regulations with which the Department of LaborWorkforce is
charged or the performance of any of its functions or duties.
Each division in the Department of LaborWorkforce shall be
headed by and be under the direction, supervision and control
of an officer who shall be designated as the chief of such
division. All chiefs of divisions shall be appointed by the
Secretary of LaborWorkforce, subject to the provisions of the
Merit Systemand shall serve in the exempt service . Before
entering upon the discharge of their duties, such chiefs of
divisions shall take the constitutional oath of office. Each
of such officers shall devote his full time to his official
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of such officers shall devote his full time to his official
duties and shall hold no other lucrative position while
serving as such.
(b) It is one of the purposes of this chapter to
coordinatein a single Unemployment Compensation Division , in
one division of the Department of Labor, all of the state's
unemployment compensation services and employment service .
Unemployment compensation services and employment service
shall be in one division of the Department of LaborWorkforce
under the direction of the chief of said division. Within said
division, but subordinate to the chief thereof, there shall be
a full-time salaried director of unemployment compensation and
a full-time salaried director of employment service. The
salariessalary of said the division chief and directors
shallmay be paid solely from federal grants and shall be
comparable to those paid similar officers in comparable
states, notwithstanding any limitation or maximum in any other
law.The division chief may employ personnel in the classified
service of the Merit System to carry out the duties of this
division.
(c) It is another purpose of this chapter to coordinate
in a single Workforce Pathways Division, all of the
department’s workforce development functions and workforce
funding mechanisms, including the Alabama Workforce Board; the
regional workforce boards; the employment service and Alabama
Career Center System; the Alabama Office of Apprenticeship;
the Alabama STEM Council; the Office of Education and
Workforce Statistics; programs funded by Title I of the
federal Workforce Innovation and Opportunity Act; the Alabama
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federal Workforce Innovation and Opportunity Act; the Alabama
Committee on Credentialing and Career Pathways; the Alabama
Committee on Credential Quality and Transparency; the
Workforce and Labor Market Information Grants for States Grant
program and the Labor Market Division; the Federal Bonding
Program; the federal Jobs for Veterans State Grants Program;
and the federal Work Opportunity Tax Credit. The division
chief may employ personnel in the classified service of the
Merit System to carry out the duties of this division. It is
the intent of the Legislature that the Workforce Pathways
Division of the Department of Workforce serve as the
centralized data and information repository for the workforce
development activities of the state. "
Section 5. Chapter 15 of Title 25, Code of Alabama
1975, is added to read as follows:
§ 25-15-1. Alabama Workforce Board; creation; purpose.
(a) The Governor shall establish the Alabama Workforce
Board as the State Workforce Development Board for purposes of
Section 101 of the Workforce Innovation and Opportunity Act of
2014 (P.L. 113-128), as amended, and to carry out its purposes
pursuant to state law; provided, that in the event of a
conflict between state law and WIOA, WIOA shall prevail.
(b) It is the intent of the Legislature that all state
and local entities that receive state-appropriated funding and
are engaged in workforce development activities will fully
participate in and cooperate with the activities and
recommendations of the Board, but the Board shall not directly
exercise governing control of state and local agencies,
departments, educational institutions, boards, commissions,
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departments, educational institutions, boards, commissions,
and other workforce development entities except as otherwise
prescribed by law.
(c) For purposes of this chapter, “WIOA” means the
Workforce Innovation and Opportunity Act of 2014 (P.L.
113-128), as amended.
§ 25-15-2. Duties of the Board.
The duties of the Alabama Workforce Board include:
(1) Advising and supporting the Governor, Legislature,
and state agencies concerning the administration, development,
and continual improvement of the state’s workforce development
system consistent with the Strategic Workforce Plan, WIOA, and
other federal workforce development programs.
(2) Assisting the Governor in performing the functions
set forth in 20 C.F.R. § 679.130 and as contemplated by any
other WIOA provision or regulation.
(3) Coordinating the federal WIOA funding component of
the state’s workforce development programs.
(4) Developing accountability metrics for state and
federal workforce programs, in addition to the metrics already
prescribed by law.
(5) Supporting the efforts of the Secretary of
Workforce, who shall serve as the principal point of contact
for state agencies and departments, public officials,
businesses, and the public with respect to all aspects of the
state’s workforce development activities.
(6) Consulting with officials, leaders, and experts in
workforce development including, but not limited to, federal,
state, and local agencies, departments, educational
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state, and local agencies, departments, educational
institutions, boards, commissions, the private sector, and
other leaders and experts.
§ 25-15-3. Composition of the Board; chair; bylaws.
(a) The Alabama Workforce Board shall consist of no
more than forty (40) members, or their designees, and meet the
membership criteria established by WIOA. All members, unless
otherwise provided in this subsection, shall be appointed by
the Governor. A majority of members shall be representatives
of business and industry, at least one of which shall
represent small business. Twenty percent of the members shall
be representatives of workforce, including two (2) labor
representatives and one (1) apprenticeship program
representative. The Board shall also include one
representative of the WIOA Title I-b programs; the State Adult
Education Director; one representative of the Wagner-Peyser
Program; the Commissioner of the Alabama Department of
Rehabilitation Services; the Chancellor of the Alabama
Community College System; the Secretary of Workforce; one
member of the Alabama Senate appointed by the presiding
officer of the Senate; one member of the Alabama House of
Representatives appointed by the Speaker of the House; one
county commissioner appointed by the Governor; one mayor
appointed by the Governor; and the Governor or his or her
designee. The overall membership of the board should be
inclusive and reflect the racial, gender, geographic,
urban/rural, and economic diversity of the state.
(b) The Governor shall appoint a chairperson from the
business representatives on the Board as set forth in WIOA. In
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business representatives on the Board as set forth in WIOA. In
addition, the Governor shall appoint a vice chairperson from
the business representatives on the Board.
(c) The Governor shall establish bylaws governing the
membership and activities of the board as required by WIOA and
its implementing regulations, including 20 C.F.R. §679.110(d).
(d) Members may serve no more than two four-year terms
as provided in the bylaws established pursuant to subsection
(c) of this section.
§ 25-15-4. Board meetings; committees.
(a) The Alabama Workforce Board shall meet at least
four times per year but may meet more frequently at the call
of the chairperson or the Governor.
(b) Meetings of the Board and any committee established
pursuant to this subsection shall be conducted pursuant to the
Open Meetings Act.
(c) The Governor, or the chairperson with the consent
of the Governor, may establish and dissolve standing and ad
hoc committees. The Governor, or the chairperson with the
consent of the Governor, shall appoint the chair and members
of all standing and ad hoc committees.
§ 25-15-5. Alabama Workforce Board Executive Committee;
creation; purpose.
(a) There is hereby established the Executive Committee
of the Alabama Workforce Board that shall be comprised of
seven (7) members, including the Governor or the Governor’s
designee, the Chair of the Alabama Workforce Board, and five
(5) executive level business leaders who shall be appointed by
the Governor, and who may or may not be members of the Alabama
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the Governor, and who may or may not be members of the Alabama
Workforce Board. The Secretary of Workforce shall serve as a
non-voting ex officio member of the Executive Committee.
(b) The Governor shall appoint a chairperson and vice
chairperson of the Executive Committee.
(c) The Executive Committee shall meet at least two
times per year but may meet more frequently at the call of the
chairperson or the Governor.
(d) The Executive Committee shall be responsible for
reviewing budget requests, making recommendations for the
expenditure of state and federal funds for workforce
development activities, assisting the Secretary of Workforce
in preparing the consolidated workforce development budget
recommendation, working with the Secretary of Workforce to
prepare the Strategic Workforce Plan, developing recommended
performance goals and evaluation metrics related to the
expenditure of state and federal funds for workforce
development activities, and working with the Secretary of
Workforce to provide oversight of the Alabama Workforce Board.
(e) Meetings of the Executive Committee shall be
subject to the Open Meetings Act.
§ 25-15-6. Strategic Workforce Plan and WIOA State
Plan.
(a) It is the intent of the Legislature that a single,
unified Strategic Workforce Plan should guide state and
federal workforce development policies and budget priorities
that are administered by the State. The Strategic Workforce
Plan shall be prepared by the Executive Committee, with
support from the Secretary of Workforce, and published by the
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support from the Secretary of Workforce, and published by the
Department.
(b) The Secretary of Workforce shall submit the
Strategic Workforce Plan to the Governor and the Legislature
on or before February 1 of the first year of each legislative
quadrennium. The four-year Strategic Workforce Plan shall
include, among other things, statewide labor market
projections for the quadrennium and recommendations for
meeting labor market demand. The Plan should also include
recommendations for expenditure of state and federal funds for
workforce development activities; analyze previous
expenditures for workforce development activities and
programs; make recommendations for sunsetting existing
programs and developing new programs; and provide
recommendations for performance and accountability metrics for
all state and federal workforce programs.
(c) The Plan may be updated through an annual addendum,
which shall be submitted to the Governor on or before November
1 of each year. The annual addendum to the four-year Strategic
Workforce Plan should include recommendations for the next
fiscal year, including the expenditure of state and federal
funds for workforce development activities, and should make
recommendations for sunsetting existing programs and
developing new programs.
(d) The Board shall assist the Governor and the
Secretary of Workforce in preparing the WIOA State plan, as
required by federal law. The WIOA State Plan shall demonstrate
that the membership of the Alabama Workforce Board satisfies
the WIOA state workforce development board membership
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the WIOA state workforce development board membership
requirements, including the requirements set forth in 20
C.F.R. §679.110(b). The Executive Committee may approve the
WIOA State Plan. The WIOA State Plan shall be included as an
addendum to the four-year Strategic Workforce Plan.
(e) When submitting a budget pursuant to section
41-4-82, the Governor shall certify that he or she has
reviewed and considered the WIOA State Plan, the Strategic
Workforce Plan, and the annual addendum to the Strategic
Workforce Plan as approved by the Executive Committee.
§ 25-15-7. Regional Workforce Boards; establishment;
duties; meetings; objectives.
(a) At the direction of the Governor, the Secretary of
Workforce shall establish seven regional workforce boards to
serve as Alabama’s local workforce development boards for
purposes of Section 107 of the Workforce Innovation and
Opportunity Act of 2014 (P.L. 113-128), as amended. The
Department of Workforce shall establish bylaws governing the
membership and activities of the regional workforce boards in
compliance with WIOA. Such local workforce development boards
shall be certified by the Governor pursuant to 29 U.S.C.
§3122(a).
(b) The Secretary of Workforce shall establish
geographic boundaries of the regional workforce boards and
criteria for the appointment of members to the regional
workforce boards consistent with WIOA, including 29 U.S.C.
§3122 and 20 C.F.R. §679.110. One such criterion shall be a
duty for an appointing official to consult with the Secretary
of Workforce before making an appointment to a regional
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of Workforce before making an appointment to a regional
workforce board.
(c) The Department of Workforce may adopt rules
pursuant to the Alabama Administrative Procedure Act to carry
out this section.
(d) A regional workforce board shall perform the
functions set forth in WIOA, including each of the following:
(1) Develop a local plan as provided in WIOA,
consistent with the WIOA State Plan and the Strategic
Workforce Plan.
(2) Publish, for core and partner agency and public
use, workforce research and regional labor market analysis
using primary state labor market information provided by the
department.
(3) Convene local workforce development system
stakeholders to assist in the development of the local plan.
(4) Lead local efforts to engage with a diverse range
of employers.
(5) Lead local efforts to develop and implement career
pathways.
(6) Lead local efforts to identify and promote
promising workforce development strategies.
(7) Lead local efforts to integrate data and technology
systems.
(e) A regional workforce board shall submit an annual
budget request to the Secretary of Workforce and the Executive
Committee that is consistent with the Strategic Workforce
Plan. A regional workforce board’s annual budget submission
shall demonstrate that the membership of the board satisfies
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shall demonstrate that the membership of the board satisfies
the relevant WIOA state workforce development board membership
requirements, including the requirements set forth in 29
U.S.C. § 3122 and 20 C.F.R. § 679.320. The membership of any
regional workforce board may not exceed twenty (20) members. A
regional workforce development board may not expend state or
federal workforce development funds except pursuant to a
categorical annual budget approved by the Secretary of
Workforce.
§ 25-15-8. Reimbursement for expenses.
The members of the Alabama Workforce Board, including
members of the Executive Committee, and members of the
regional workforce boards shall not receive a salary or per
diem allowance but shall be entitled to reimbursement for
reasonable expenses incurred in the performance of the duties
of the office at the same rate allowed state employees.
Section 6. Section 25-2-6, Code of Alabama 1975, is
amended to read as follows:
"§25-2-6
(a) The Department of LaborWorkforce shall be headed by
and shall be under the direction, supervision, and control of
an officer who shall be known and designated as the Secretary
of LaborWorkforce. The Secretary of LaborWorkforce shall be
the advisor of the Governor and the Legislature in matters
relating to workforce development, employer-employee relations
and the welfare of the wage earners of the state. He or she
shall be responsible to the Governor for the administration of
the Department of LaborWorkforce.
(b) The Secretary of LaborWorkforce shall be appointed
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(b) The Secretary of LaborWorkforce shall be appointed
by the Governor and shall hold office at the pleasure of the
Governor. To the extent reasonable, the Governor should
consider an individual’s experience in workforce development
matters, human resources, and the private sector. Vacancies
for any reason shall be filled in the same manner as original
appointments are made.
(c) Before entering upon the discharge of his or her
duties, the Secretary of LaborWorkforce shall take the
constitutional oath of office. Before entering upon the duties
of office, the Secretary of LaborWorkforce shall execute to
the State of Alabama a bond, to be approved by the Governor,
in an amount to be fixed by the Governor, but not less than
$10,000.00, for the faithful performance of the duties of the
office. The annual salary of the Secretary of LaborWorkforce
shall be fixed by the Governor at a sum comparable to salaries
paid similar officers in other states, notwithstanding any
limitation or maximum in any other law , $1,200.00 of which sum
shall be paid from moneys of the State of Alabama and the
remainder from grants of the United States of America to this
state. Such salary shall be payable at the same time and in
the same manner as the salaries of other state officers. The
Secretary of LaborWorkforce is authorized and empowered to
make such agreements as may be necessary or proper with the
United States of America with respect to the proration of
funds from the State of Alabama and funds from the federal
government for the salary paid to the Secretary of
LaborWorkforce by virtue of the provisions of this section.
(d) The Secretary of LaborWorkforce shall devote full
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(d) The Secretary of LaborWorkforce shall devote full
time to his or her official duties and shall not hold another
office under the government of the United States, or under any
other state, or of this state or any political subdivision
thereof, during his or her incumbency in such office, and
shall not hold any position of trust or profit, or engage in
any occupation or business the conduct of which shall
interfere or be inconsistent with his or her duties as
Secretary of LaborWorkforce under the provisions of this
title.
(e) The Secretary of Workforce shall be the state’s
primary workforce development officer and shall be responsible
for making recommendations to the Governor and the Legislature
on state workforce development strategies, which shall be
consistent with the Strategic Workforce Plan.
(f)(1) The Secretary of Workforce shall work with the
Executive Committee to develop consolidated state workforce
development budget recommendations that are consistent with
the Strategic Workforce Plan.
(2) When submitting a budget request pursuant to
section 41-4-84, the Secretary of Workforce shall certify that
he or she reviewed the WIOA State Plan approved by the Board,
reviewed the Strategic Workforce Plan developed by the
Executive Committee, solicited feedback from the Executive
Committee at least thirty (30) days prior to submitting the
budget request, and presented the budget request to the
Executive Committee at least five (5) days prior to its
submission.
(g) The Secretary of Workforce shall solicit annual
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(g) The Secretary of Workforce shall solicit annual
funding and programmatic recommendations and updates from the
Department of Commerce, Alabama Industrial Development
Training (AIDT), the Alabama State Department of Education
Career and Technical Education (CTE) program, the Alabama
Community College System (ACCS), and any other departments or
agencies that the Secretary requests to submit information.
(h) When submitting a budget request pursuant to
section 41-4-84, the departments and agencies referenced in
subsection (g) of this section and any other departments or
agencies that request funding for workforce development
activities or programs must certify to the Director of Finance
that any funding requested for workforce development
activities or programs is consistent with the Strategic
Workforce Plan.
(i) Within five (5) days of receiving all budget
requests required to be submitted pursuant to section 41-4-84,
the Director of Finance shall forward to the Secretary of
Workforce and the Executive Committee all budget requests
submitted by the departments and agencies referenced in
subsection (g) of this section, along with any other budget
requests that include funding for workforce development
activities or programs. "
Section 7. The Alabama Department of Commerce Workforce
Development Division, as established by Section 41-29-5, Code
of Alabama 1975, is hereby renamed the Alabama Industrial
Development and Training Institute. The Code Commissioner
shall conform references to the “Workforce Development
Division” in Chapter 29 of Title 41 in the Code of Alabama
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Division” in Chapter 29 of Title 41 in the Code of Alabama
1975, accordingly. The Code Commissioner shall also change
references to the Deputy Secretary of Commerce of the
Workforce Development Division in Chapter 29 of Title 41 in
the Code of Alabama 1975, to the Secretary of Commerce. These
Code changes shall be made at a time determined to be
appropriate by the Code Commissioner.
Section 8. Section 41-29-5, Code of Alabama 1975, is
amended to read as follows:
"§41-29-5
On the date determined pursuant to Section 41-29-6,
tThe Department of Commerce shall be reorganized into two
divisions that shall have the functions prescribed as follows:
(1) The Business Development Division shall be
responsible for all of the functions of the Department of
Commerce as it existed before date determined pursuant to
Section 41-29-6, including, but not limited to, small business
advocacy; the functions performed by the Alabama Small
Business Commission, created and functioning pursuant to
Section 41-29-240 and international trade.
(2) The Alabama Industrial Development and Training
Institute shall provide employer-specific, employer-tailored
workforce development programs in connection with the
Department’s award of economic development incentives pursuant
to state law.The Workforce Development Division shall be
comprised of the following entities which shall report to the
Deputy Secretary of the division: The Workforce Development
Division and Workforce Investment Division of the Department
of Economic and Community Affairs, formerly Chapter 23 of
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of Economic and Community Affairs, formerly Chapter 23 of
Title 41, the Alabama Industrial Development and Training
Institute, formerly functioning pursuant to Sections 41-9-1080
to 41-9-1086, inclusive, and the Alabama Workforce Council and
the regional workforce councils of the Department of
Postsecondary Education, formerly functioning pursuant to
Sections 16-66-1 to 16-66-8, inclusive, and the Legislative
Oversight Commission of the Alabama Department of Economic and
Community Affairs, formerly functioning pursuant to Section
41-23-7.
Any transfer of personnel, appropriations, funds, or
property, real or personal from the Alabama Community College
System to the Department of Commerce pursuant to this
subdivision, shall be made with the cooperation and approval
of the Chancellor and the Board of Trustees of the Alabama
Community College System. "
Section 9. Section 41-29-282, Code of Alabama 1975, is
amended to read as follows:
"§41-29-282
AIDT shall operate as a partdivisionof the Workforce
Development Division of the Department of Commerce. All of the
powers, authority, duties, functions, policies, and funds of,
and appropriations to, AIDT previously conferred upon or
granted to AIDT reporting to the State Board of Education
through the Division of Vocational-Technical Education or by
Alabama Executive Order No. 2012-31 are confirmed, ratified,
continued, transferred to, and vested in AIDT. All contracts,
leases, grants, and agreements previously entered by AIDT
shall continue in full force and effect without modification
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shall continue in full force and effect without modification
or interruption by this restructuring. All property currently
owned by AIDT shall continue to be the property of AIDT. If
AIDT plans to construct any new building, retrofit or renovate
any of its existing buildings, or request or receive any state
or federal funding to construct, retrofit, or renovate any of
its buildings, the AIDT director must first certify to the
Governor that the proposal is consistent with the Strategic
Workforce Plan. AIDT shall continue to be headed by the
director, who shall be appointed by the Secretary of Commerce
and shall serve at his or her pleasure. The powers, duties,
and qualifications required of the director shall be as set
forth in the AIDT Policy Manual, as amended from time to time
and approved by the Secretary of Commerce."
Section 10. The Code Commissioner is directed to
recodify Section 298, Division 4, Article 3, Chapter 29, Title
41, Code of Alabama 1975, related to the Alabama College and
Career Readiness Act; Division 7, Article 3, Chapter 29, Title
41, Code of Alabama 1975, relating to the Alabama Industry
Recognized and Registered Apprenticeship Program Act; Division
8, Article 3, Chapter 29, Title 41, Code of Alabama 1975,
related to the Eliminating Legal Barriers to Apprenticeship
(ELBA) Act; Division 9, Article 3, Chapter 29, Title 41, Code
of Alabama 1975, related to the Alabama Credential Quality and
Transparency Act; Division 10, Article 3, Chapter 29, Title
41, Code of Alabama 1975, related to the Alabama Terminal on
Linking and Analyzing Statistics on Career Pathways to a new
chapter within Title 25, Code of Alabama 1975, relating to
Industrial Relations and Labor. The Code Commissioner is
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Industrial Relations and Labor. The Code Commissioner is
further directed to replace any reference to “Alabama State
Workforce Development Board” or “Alabama Workforce Council”
with “Alabama Workforce Board.” The Code Commissioner is
further directed to replace any reference to “regional
workforce development boards” or “regional workforce councils”
with “regional workforce board.” Changes to the Code of
Alabama shall be made at a time determined to be appropriate
by the Code Commissioner.
Section 11. Section 41-29-290, Section 41-29-291,
Section 41-29-292, Section 41-29-293, Section 41-29-294,
Section 41-29-295, Section 41-29-296, and Section 41-29-297,
Code of Alabama 1975, relating to the Alabama Workforce
Council, are specifically repealed. Section 41-29-300, Code of
Alabama 1975, relating to the Regional Workforce Development
Councils, is specifically repealed.
Section 12. The provisions of this act shall be fully
implemented not later than October 1, 2025.
Section 13. This act shall become effective on October
1, 2024, following its passage and approval by the Governor,
or its otherwise becoming law.
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