EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 128
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
0823S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 620.484, 620.490, 620.511, 620.512, and 620.513, RSMo, and to enact in lieu
thereof six new sections relating to the department of higher education and workforce
development.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 620.484, 620.490, 620.511, 620.512, 1
and 620.513, RSMo, are repealed and six new sections enacted in 2
lieu thereof, to be known as sections 173.2800, 173.2805, 3
173.2850, 173.2855, 173.2860, and 173.2865, to read as follows:4
[620.484.] 173.2800. The provisions of the Wagner - 1
Peyser Act (29 U.S.C.A. Sec. 49 et seq.), as amended , are 2
hereby accepted by this state and the [division] office of 3
workforce development of the department of [economic] higher 4
education and workforce development is hereby designated and 5
constituted the agency of this state for the purposes of 6
said act. The [division] office shall establish and 7
maintain free public employment offices in such number and 8
in such places as may be necessary for the proper 9
administration of this chapter and for the purposes of 10
performing such functions as are within th e purview of the 11
Wagner-Peyser Act. 12
[620.490.] 173.2805. The department of [economic] 1
higher education and workforce development shall promulgate 2
rules providing for the coordination of state and federal 3
job training resources admin istered by the department of 4 SB 128 2
[economic] higher education and workforce development, 5
including the local workforce investment areas established 6
in the state to administer federal funds pursuant to the 7
federal Workforce Investment Act or its successor, f or the 8
provision of assistance to businesses in this state relating 9
to the creation of new jobs in the state. The department of 10
higher education and workforce development shall include in 11
these rules the methods to be followed by any business 12
engaged in the creation of new jobs in state to ensure that 13
economically disadvantaged citizens receive opportunities 14
for employment in the new jobs created. No rule or portion 15
of a rule promulgated pursuant to the authority of this 16
section shall become effe ctive unless it has been 17
promulgated pursuant to the provisions of section 536.024. 18
[620.511.] 173.2850. 1. There is hereby established 1
the "Missouri Workforce Development Board", formerly known 2
as the Missouri workforce investment board, and hereinafter 3
referred to as "the board" in sections [620.511 to 620.513] 4
173.2850 to 173.2860 . 5
2. The purpose of the board is to provide workforce 6
investment activities, through statewide and local workforce 7
investment systems, that inc rease the employment, retention, 8
and earnings of participants, and increase occupational 9
skill attainment by participants, and, as a result, improve 10
the quality of the workforce, reduce welfare dependency, and 11
enhance the productivity and competitivene ss of the state of 12
Missouri. The board shall be the state's advisory board 13
pertaining to workforce preparation policy. 14
3. The board shall meet the requirements of the 15
federal Workforce Innovation and Opportunity Act, 16
hereinafter referred to as t he "WIOA", P.L. 113-128, as 17
amended. Should another federal law supplant the WIOA, all 18 SB 128 3
references in sections [620.511 to 620.513] 173.2850 to 19
173.2860 to the WIOA shall apply as well to the new federal 20
law. 21
4. Composition of the board shall com ply with the 22
WIOA. Board members appointed by the governor shall be 23
subject to the advice and consent of the senate. Consistent 24
with the requirements of the WIOA, the governor shall 25
designate one member of the board to be its chairperson. 26
5. Each member of the board shall serve for a term of 27
four years, subject to the pleasure of the governor, and 28
until a successor is duly appointed. In the event of a 29
vacancy on the board, the vacancy shall be filled in the 30
same manner as the original appoi ntment and said replacement 31
shall serve the remainder of the original appointee's 32
unexpired term. 33
6. Of the members initially appointed to the WIOA, 34
formerly known as the WIA, board, one -fourth shall be 35
appointed for a term of four years, one -fourth shall be 36
appointed for a term of three years, one -fourth shall be 37
appointed for a term of two years, and one -fourth shall be 38
appointed for a term of one year. 39
7. WIOA board members shall receive no compensation, 40
but shall be reimbursed for al l necessary expenses actually 41
incurred in the performance of their duties. 42
8. The office of workforce development of the 43
department of higher education and workforce development may 44
include on its website a list of the names of the members of 45
the board, including the names of members of local workforce 46
development boards, along with information on how to contact 47
such boards. 48
[620.512.] 173.2855. 1. The board shall establish 1
bylaws governing its organization, operation, and procedure 2 SB 128 4
consistent with sections [620.511 to 620.513] 173.2850 to 3
173.2860, and consistent with the WIOA. 4
2. The board shall meet at least four times each year 5
at the call of the chairperson. 6
3. In order to assure objective management and 7
oversight, the board shall not operate programs or provide 8
services directly to eligible participants, but shall exist 9
solely to plan, coordinate, and monitor the provisions of 10
such programs and services. A member of the board may not 11
vote on a matter under consideration by the board that 12
regards the provision of services by the member or by an 13
entity that the member represents or would provide direct 14
financial benefit to the member or the immediate family of 15
the member. A member of the board may not engage in any 16
other activity determined by the governor to constitute a 17
conflict of interest. 18
4. The composition and the roles and responsibilities 19
of the board membership may be amended to comply with any 20
succeeding federal or state legisla tive or regulatory 21
requirements governing workforce investment activities, 22
except that the procedure for such change shall be outlined 23
in state rules and regulations and adopted in the bylaws of 24
the board. 25
5. The department of [economic] higher education and 26
workforce development shall provide professional, technical, 27
and clerical staff for the board. 28
6. The board may promulgate any rules and regulations 29
necessary to administer the provisions of sections [620.511 30
to 620.513] 173.2850 to 173.2860. Any rule or portion of a 31
rule, as that term is defined in section 536.010, that is 32
created under the authority delegated in this section shall 33
become effective only if it complies with and is subject to 34 SB 128 5
all of the provisions of chapter 536 a nd, if applicable, 35
section 536.028. This section and chapter 536 are 36
nonseverable and if any of the powers vested with the 37
general assembly pursuant to chapter 536 to review, to delay 38
the effective date, or to disapprove and annul a rule are 39
subsequently held unconstitutional, then the grant of 40
rulemaking authority and any rule proposed or adopted after 41
August 28, 2007, shall be invalid and void. 42
[620.513.] 173.2860. 1. The board shall assist the 1
governor with the functions des cribed in Section 101(d) of 2
the WIOA, 29 U.S.C. Section [311d] 3111(d), and any 3
regulations issued pursuant to the WIOA. 4
2. The board shall submit an annual report of its 5
activities to the governor, the speaker of the house of 6
representatives, and the president pro tem of the senate no 7
later than January thirty -first of each year. 8
3. Nothing in sections [620.511 to 620.513] 173.2850 9
to 173.2860 shall be construed to require or allow the board 10
to assume or supersede the statutory authority granted to, 11
or impose any duties or requirements on, the state 12
coordinating board for higher education, the governing 13
boards of the state's public colleges and universities, the 14
state board of education, or any local educational agencies. 15
173.2865. The department of higher education and 1
workforce development shall have authority to make grants to 2
eligible entities, as defined by the federal Workforce 3
Innovation and Opportunity Act, or its successor, using 4
funds provided by the a ct, general revenue, or other funds 5
as appropriated by the general assembly. 6