1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 128 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR WASHINGTON. |
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8 | 8 | | 0823S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 620.484, 620.490, 620.511, 620.512, and 620.513, RSMo, and to enact in lieu |
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11 | 11 | | thereof six new sections relating to the department of higher education and workforce |
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12 | 12 | | development. |
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13 | 13 | | |
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14 | 14 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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15 | 15 | | Section A. Sections 620.484, 620.490, 620.511, 620.512, 1 |
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16 | 16 | | and 620.513, RSMo, are repealed and six new sections enacted in 2 |
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17 | 17 | | lieu thereof, to be known as sections 173.2800, 173.2805, 3 |
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18 | 18 | | 173.2850, 173.2855, 173.2860, and 173.2865, to read as follows:4 |
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19 | 19 | | [620.484.] 173.2800. The provisions of the Wagner - 1 |
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20 | 20 | | Peyser Act (29 U.S.C.A. Sec. 49 et seq.), as amended , are 2 |
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21 | 21 | | hereby accepted by this state and the [division] office of 3 |
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22 | 22 | | workforce development of the department of [economic] higher 4 |
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23 | 23 | | education and workforce development is hereby designated and 5 |
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24 | 24 | | constituted the agency of this state for the purposes of 6 |
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25 | 25 | | said act. The [division] office shall establish and 7 |
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26 | 26 | | maintain free public employment offices in such number and 8 |
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27 | 27 | | in such places as may be necessary for the proper 9 |
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28 | 28 | | administration of this chapter and for the purposes of 10 |
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29 | 29 | | performing such functions as are within th e purview of the 11 |
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30 | 30 | | Wagner-Peyser Act. 12 |
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31 | 31 | | [620.490.] 173.2805. The department of [economic] 1 |
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32 | 32 | | higher education and workforce development shall promulgate 2 |
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33 | 33 | | rules providing for the coordination of state and federal 3 |
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34 | 34 | | job training resources admin istered by the department of 4 SB 128 2 |
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35 | 35 | | [economic] higher education and workforce development, 5 |
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36 | 36 | | including the local workforce investment areas established 6 |
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37 | 37 | | in the state to administer federal funds pursuant to the 7 |
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38 | 38 | | federal Workforce Investment Act or its successor, f or the 8 |
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39 | 39 | | provision of assistance to businesses in this state relating 9 |
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40 | 40 | | to the creation of new jobs in the state. The department of 10 |
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41 | 41 | | higher education and workforce development shall include in 11 |
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42 | 42 | | these rules the methods to be followed by any business 12 |
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43 | 43 | | engaged in the creation of new jobs in state to ensure that 13 |
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44 | 44 | | economically disadvantaged citizens receive opportunities 14 |
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45 | 45 | | for employment in the new jobs created. No rule or portion 15 |
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46 | 46 | | of a rule promulgated pursuant to the authority of this 16 |
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47 | 47 | | section shall become effe ctive unless it has been 17 |
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48 | 48 | | promulgated pursuant to the provisions of section 536.024. 18 |
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49 | 49 | | [620.511.] 173.2850. 1. There is hereby established 1 |
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50 | 50 | | the "Missouri Workforce Development Board", formerly known 2 |
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51 | 51 | | as the Missouri workforce investment board, and hereinafter 3 |
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52 | 52 | | referred to as "the board" in sections [620.511 to 620.513] 4 |
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53 | 53 | | 173.2850 to 173.2860 . 5 |
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54 | 54 | | 2. The purpose of the board is to provide workforce 6 |
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55 | 55 | | investment activities, through statewide and local workforce 7 |
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56 | 56 | | investment systems, that inc rease the employment, retention, 8 |
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57 | 57 | | and earnings of participants, and increase occupational 9 |
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58 | 58 | | skill attainment by participants, and, as a result, improve 10 |
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59 | 59 | | the quality of the workforce, reduce welfare dependency, and 11 |
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60 | 60 | | enhance the productivity and competitivene ss of the state of 12 |
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61 | 61 | | Missouri. The board shall be the state's advisory board 13 |
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62 | 62 | | pertaining to workforce preparation policy. 14 |
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63 | 63 | | 3. The board shall meet the requirements of the 15 |
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64 | 64 | | federal Workforce Innovation and Opportunity Act, 16 |
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65 | 65 | | hereinafter referred to as t he "WIOA", P.L. 113-128, as 17 |
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66 | 66 | | amended. Should another federal law supplant the WIOA, all 18 SB 128 3 |
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67 | 67 | | references in sections [620.511 to 620.513] 173.2850 to 19 |
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68 | 68 | | 173.2860 to the WIOA shall apply as well to the new federal 20 |
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69 | 69 | | law. 21 |
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70 | 70 | | 4. Composition of the board shall com ply with the 22 |
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71 | 71 | | WIOA. Board members appointed by the governor shall be 23 |
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72 | 72 | | subject to the advice and consent of the senate. Consistent 24 |
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73 | 73 | | with the requirements of the WIOA, the governor shall 25 |
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74 | 74 | | designate one member of the board to be its chairperson. 26 |
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75 | 75 | | 5. Each member of the board shall serve for a term of 27 |
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76 | 76 | | four years, subject to the pleasure of the governor, and 28 |
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77 | 77 | | until a successor is duly appointed. In the event of a 29 |
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78 | 78 | | vacancy on the board, the vacancy shall be filled in the 30 |
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79 | 79 | | same manner as the original appoi ntment and said replacement 31 |
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80 | 80 | | shall serve the remainder of the original appointee's 32 |
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81 | 81 | | unexpired term. 33 |
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82 | 82 | | 6. Of the members initially appointed to the WIOA, 34 |
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83 | 83 | | formerly known as the WIA, board, one -fourth shall be 35 |
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84 | 84 | | appointed for a term of four years, one -fourth shall be 36 |
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85 | 85 | | appointed for a term of three years, one -fourth shall be 37 |
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86 | 86 | | appointed for a term of two years, and one -fourth shall be 38 |
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87 | 87 | | appointed for a term of one year. 39 |
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88 | 88 | | 7. WIOA board members shall receive no compensation, 40 |
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89 | 89 | | but shall be reimbursed for al l necessary expenses actually 41 |
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90 | 90 | | incurred in the performance of their duties. 42 |
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91 | 91 | | 8. The office of workforce development of the 43 |
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92 | 92 | | department of higher education and workforce development may 44 |
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93 | 93 | | include on its website a list of the names of the members of 45 |
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94 | 94 | | the board, including the names of members of local workforce 46 |
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95 | 95 | | development boards, along with information on how to contact 47 |
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96 | 96 | | such boards. 48 |
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97 | 97 | | [620.512.] 173.2855. 1. The board shall establish 1 |
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98 | 98 | | bylaws governing its organization, operation, and procedure 2 SB 128 4 |
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99 | 99 | | consistent with sections [620.511 to 620.513] 173.2850 to 3 |
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100 | 100 | | 173.2860, and consistent with the WIOA. 4 |
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101 | 101 | | 2. The board shall meet at least four times each year 5 |
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102 | 102 | | at the call of the chairperson. 6 |
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103 | 103 | | 3. In order to assure objective management and 7 |
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104 | 104 | | oversight, the board shall not operate programs or provide 8 |
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105 | 105 | | services directly to eligible participants, but shall exist 9 |
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106 | 106 | | solely to plan, coordinate, and monitor the provisions of 10 |
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107 | 107 | | such programs and services. A member of the board may not 11 |
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108 | 108 | | vote on a matter under consideration by the board that 12 |
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109 | 109 | | regards the provision of services by the member or by an 13 |
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110 | 110 | | entity that the member represents or would provide direct 14 |
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111 | 111 | | financial benefit to the member or the immediate family of 15 |
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112 | 112 | | the member. A member of the board may not engage in any 16 |
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113 | 113 | | other activity determined by the governor to constitute a 17 |
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114 | 114 | | conflict of interest. 18 |
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115 | 115 | | 4. The composition and the roles and responsibilities 19 |
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116 | 116 | | of the board membership may be amended to comply with any 20 |
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117 | 117 | | succeeding federal or state legisla tive or regulatory 21 |
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118 | 118 | | requirements governing workforce investment activities, 22 |
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119 | 119 | | except that the procedure for such change shall be outlined 23 |
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120 | 120 | | in state rules and regulations and adopted in the bylaws of 24 |
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121 | 121 | | the board. 25 |
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122 | 122 | | 5. The department of [economic] higher education and 26 |
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123 | 123 | | workforce development shall provide professional, technical, 27 |
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124 | 124 | | and clerical staff for the board. 28 |
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125 | 125 | | 6. The board may promulgate any rules and regulations 29 |
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126 | 126 | | necessary to administer the provisions of sections [620.511 30 |
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127 | 127 | | to 620.513] 173.2850 to 173.2860. Any rule or portion of a 31 |
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128 | 128 | | rule, as that term is defined in section 536.010, that is 32 |
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129 | 129 | | created under the authority delegated in this section shall 33 |
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130 | 130 | | become effective only if it complies with and is subject to 34 SB 128 5 |
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131 | 131 | | all of the provisions of chapter 536 a nd, if applicable, 35 |
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132 | 132 | | section 536.028. This section and chapter 536 are 36 |
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133 | 133 | | nonseverable and if any of the powers vested with the 37 |
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134 | 134 | | general assembly pursuant to chapter 536 to review, to delay 38 |
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135 | 135 | | the effective date, or to disapprove and annul a rule are 39 |
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136 | 136 | | subsequently held unconstitutional, then the grant of 40 |
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137 | 137 | | rulemaking authority and any rule proposed or adopted after 41 |
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138 | 138 | | August 28, 2007, shall be invalid and void. 42 |
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139 | 139 | | [620.513.] 173.2860. 1. The board shall assist the 1 |
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140 | 140 | | governor with the functions des cribed in Section 101(d) of 2 |
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141 | 141 | | the WIOA, 29 U.S.C. Section [311d] 3111(d), and any 3 |
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142 | 142 | | regulations issued pursuant to the WIOA. 4 |
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143 | 143 | | 2. The board shall submit an annual report of its 5 |
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144 | 144 | | activities to the governor, the speaker of the house of 6 |
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145 | 145 | | representatives, and the president pro tem of the senate no 7 |
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146 | 146 | | later than January thirty -first of each year. 8 |
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147 | 147 | | 3. Nothing in sections [620.511 to 620.513] 173.2850 9 |
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148 | 148 | | to 173.2860 shall be construed to require or allow the board 10 |
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149 | 149 | | to assume or supersede the statutory authority granted to, 11 |
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150 | 150 | | or impose any duties or requirements on, the state 12 |
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151 | 151 | | coordinating board for higher education, the governing 13 |
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152 | 152 | | boards of the state's public colleges and universities, the 14 |
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153 | 153 | | state board of education, or any local educational agencies. 15 |
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154 | 154 | | 173.2865. The department of higher education and 1 |
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155 | 155 | | workforce development shall have authority to make grants to 2 |
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156 | 156 | | eligible entities, as defined by the federal Workforce 3 |
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157 | 157 | | Innovation and Opportunity Act, or its successor, using 4 |
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158 | 158 | | funds provided by the a ct, general revenue, or other funds 5 |
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159 | 159 | | as appropriated by the general assembly. 6 |
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160 | 160 | | |
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