Missouri 2025 Regular Session

Missouri Senate Bill SB128 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 128
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR WASHINGTON.
88 0823S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 620.484, 620.490, 620.511, 620.512, and 620.513, RSMo, and to enact in lieu
1111 thereof six new sections relating to the department of higher education and workforce
1212 development.
1313
1414 Be it enacted by the General Assembly of the State of Missouri, as follows:
1515 Section A. Sections 620.484, 620.490, 620.511, 620.512, 1
1616 and 620.513, RSMo, are repealed and six new sections enacted in 2
1717 lieu thereof, to be known as sections 173.2800, 173.2805, 3
1818 173.2850, 173.2855, 173.2860, and 173.2865, to read as follows:4
1919 [620.484.] 173.2800. The provisions of the Wagner - 1
2020 Peyser Act (29 U.S.C.A. Sec. 49 et seq.), as amended , are 2
2121 hereby accepted by this state and the [division] office of 3
2222 workforce development of the department of [economic] higher 4
2323 education and workforce development is hereby designated and 5
2424 constituted the agency of this state for the purposes of 6
2525 said act. The [division] office shall establish and 7
2626 maintain free public employment offices in such number and 8
2727 in such places as may be necessary for the proper 9
2828 administration of this chapter and for the purposes of 10
2929 performing such functions as are within th e purview of the 11
3030 Wagner-Peyser Act. 12
3131 [620.490.] 173.2805. The department of [economic] 1
3232 higher education and workforce development shall promulgate 2
3333 rules providing for the coordination of state and federal 3
3434 job training resources admin istered by the department of 4 SB 128 2
3535 [economic] higher education and workforce development, 5
3636 including the local workforce investment areas established 6
3737 in the state to administer federal funds pursuant to the 7
3838 federal Workforce Investment Act or its successor, f or the 8
3939 provision of assistance to businesses in this state relating 9
4040 to the creation of new jobs in the state. The department of 10
4141 higher education and workforce development shall include in 11
4242 these rules the methods to be followed by any business 12
4343 engaged in the creation of new jobs in state to ensure that 13
4444 economically disadvantaged citizens receive opportunities 14
4545 for employment in the new jobs created. No rule or portion 15
4646 of a rule promulgated pursuant to the authority of this 16
4747 section shall become effe ctive unless it has been 17
4848 promulgated pursuant to the provisions of section 536.024. 18
4949 [620.511.] 173.2850. 1. There is hereby established 1
5050 the "Missouri Workforce Development Board", formerly known 2
5151 as the Missouri workforce investment board, and hereinafter 3
5252 referred to as "the board" in sections [620.511 to 620.513] 4
5353 173.2850 to 173.2860 . 5
5454 2. The purpose of the board is to provide workforce 6
5555 investment activities, through statewide and local workforce 7
5656 investment systems, that inc rease the employment, retention, 8
5757 and earnings of participants, and increase occupational 9
5858 skill attainment by participants, and, as a result, improve 10
5959 the quality of the workforce, reduce welfare dependency, and 11
6060 enhance the productivity and competitivene ss of the state of 12
6161 Missouri. The board shall be the state's advisory board 13
6262 pertaining to workforce preparation policy. 14
6363 3. The board shall meet the requirements of the 15
6464 federal Workforce Innovation and Opportunity Act, 16
6565 hereinafter referred to as t he "WIOA", P.L. 113-128, as 17
6666 amended. Should another federal law supplant the WIOA, all 18 SB 128 3
6767 references in sections [620.511 to 620.513] 173.2850 to 19
6868 173.2860 to the WIOA shall apply as well to the new federal 20
6969 law. 21
7070 4. Composition of the board shall com ply with the 22
7171 WIOA. Board members appointed by the governor shall be 23
7272 subject to the advice and consent of the senate. Consistent 24
7373 with the requirements of the WIOA, the governor shall 25
7474 designate one member of the board to be its chairperson. 26
7575 5. Each member of the board shall serve for a term of 27
7676 four years, subject to the pleasure of the governor, and 28
7777 until a successor is duly appointed. In the event of a 29
7878 vacancy on the board, the vacancy shall be filled in the 30
7979 same manner as the original appoi ntment and said replacement 31
8080 shall serve the remainder of the original appointee's 32
8181 unexpired term. 33
8282 6. Of the members initially appointed to the WIOA, 34
8383 formerly known as the WIA, board, one -fourth shall be 35
8484 appointed for a term of four years, one -fourth shall be 36
8585 appointed for a term of three years, one -fourth shall be 37
8686 appointed for a term of two years, and one -fourth shall be 38
8787 appointed for a term of one year. 39
8888 7. WIOA board members shall receive no compensation, 40
8989 but shall be reimbursed for al l necessary expenses actually 41
9090 incurred in the performance of their duties. 42
9191 8. The office of workforce development of the 43
9292 department of higher education and workforce development may 44
9393 include on its website a list of the names of the members of 45
9494 the board, including the names of members of local workforce 46
9595 development boards, along with information on how to contact 47
9696 such boards. 48
9797 [620.512.] 173.2855. 1. The board shall establish 1
9898 bylaws governing its organization, operation, and procedure 2 SB 128 4
9999 consistent with sections [620.511 to 620.513] 173.2850 to 3
100100 173.2860, and consistent with the WIOA. 4
101101 2. The board shall meet at least four times each year 5
102102 at the call of the chairperson. 6
103103 3. In order to assure objective management and 7
104104 oversight, the board shall not operate programs or provide 8
105105 services directly to eligible participants, but shall exist 9
106106 solely to plan, coordinate, and monitor the provisions of 10
107107 such programs and services. A member of the board may not 11
108108 vote on a matter under consideration by the board that 12
109109 regards the provision of services by the member or by an 13
110110 entity that the member represents or would provide direct 14
111111 financial benefit to the member or the immediate family of 15
112112 the member. A member of the board may not engage in any 16
113113 other activity determined by the governor to constitute a 17
114114 conflict of interest. 18
115115 4. The composition and the roles and responsibilities 19
116116 of the board membership may be amended to comply with any 20
117117 succeeding federal or state legisla tive or regulatory 21
118118 requirements governing workforce investment activities, 22
119119 except that the procedure for such change shall be outlined 23
120120 in state rules and regulations and adopted in the bylaws of 24
121121 the board. 25
122122 5. The department of [economic] higher education and 26
123123 workforce development shall provide professional, technical, 27
124124 and clerical staff for the board. 28
125125 6. The board may promulgate any rules and regulations 29
126126 necessary to administer the provisions of sections [620.511 30
127127 to 620.513] 173.2850 to 173.2860. Any rule or portion of a 31
128128 rule, as that term is defined in section 536.010, that is 32
129129 created under the authority delegated in this section shall 33
130130 become effective only if it complies with and is subject to 34 SB 128 5
131131 all of the provisions of chapter 536 a nd, if applicable, 35
132132 section 536.028. This section and chapter 536 are 36
133133 nonseverable and if any of the powers vested with the 37
134134 general assembly pursuant to chapter 536 to review, to delay 38
135135 the effective date, or to disapprove and annul a rule are 39
136136 subsequently held unconstitutional, then the grant of 40
137137 rulemaking authority and any rule proposed or adopted after 41
138138 August 28, 2007, shall be invalid and void. 42
139139 [620.513.] 173.2860. 1. The board shall assist the 1
140140 governor with the functions des cribed in Section 101(d) of 2
141141 the WIOA, 29 U.S.C. Section [311d] 3111(d), and any 3
142142 regulations issued pursuant to the WIOA. 4
143143 2. The board shall submit an annual report of its 5
144144 activities to the governor, the speaker of the house of 6
145145 representatives, and the president pro tem of the senate no 7
146146 later than January thirty -first of each year. 8
147147 3. Nothing in sections [620.511 to 620.513] 173.2850 9
148148 to 173.2860 shall be construed to require or allow the board 10
149149 to assume or supersede the statutory authority granted to, 11
150150 or impose any duties or requirements on, the state 12
151151 coordinating board for higher education, the governing 13
152152 boards of the state's public colleges and universities, the 14
153153 state board of education, or any local educational agencies. 15
154154 173.2865. The department of higher education and 1
155155 workforce development shall have authority to make grants to 2
156156 eligible entities, as defined by the federal Workforce 3
157157 Innovation and Opportunity Act, or its successor, using 4
158158 funds provided by the a ct, general revenue, or other funds 5
159159 as appropriated by the general assembly. 6
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