HB 3473

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 3473
                           103RD GENERAL ASSEMBLY
                          INTRODUCED BY REPRESENTATIVE GALLICK.
 7470H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To repeal sections 620.511, 620.512, and 620.513, RSMo, and to enact in lieu thereof four
        new sections relating to grants for certain workforce training programs.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Sections 620.511, 620.512, and 620.513, RSMo, are repealed and four
2 new sections enacted in lieu thereof, to be known as sections 620.511, 620.512, 620.513, and
3 620.514, to read as follows:
         620.511. 1. There is hereby established the "Missouri Workforce Development
2 Board", formerly known as the Missouri workforce investment board, and hereinafter referred
3 to as "the board" in sections 620.511 to [620.513] 620.514.
42. The purpose of the board is to provide workforce investment activities, through
5 statewide and local workforce investment systems, that increase the employment, retention,
6 and earnings of participants, and increase occupational skill attainment by participants, and,
7 as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the
8 productivity and competitiveness of the state of Missouri. The board shall be the state's
9 advisory board pertaining to workforce preparation policy.
103. The board shall meet the requirements of the federal Workforce Innovation and
11 Opportunity Act, hereinafter referred to as the "WIOA", P.L. 113-128, as amended. Should
12 another federal law supplant the WIOA, all references in sections 620.511 to [620.513]
13 620.514 to the WIOA shall apply as well to the new federal law.
144. Composition of the board shall comply with the WIOA. Board members appointed
15 by the governor shall be subject to the advice and consent of the senate. Consistent with the
 EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
 intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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16 requirements of the WIOA, the governor shall designate one member of the board to be its
17 chairperson.
185. Each member of the board shall serve for a term of four years, subject to the
19 pleasure of the governor, and until a successor is duly appointed. In the event of a vacancy on
20 the board, the vacancy shall be filled in the same manner as the original appointment and said
21 replacement shall serve the remainder of the original appointee's unexpired term.
226. Of the members initially appointed to the WIOA, formerly known as the WIA,
23 board, one-fourth shall be appointed for a term of four years, one-fourth shall be appointed for
24 a term of three years, one-fourth shall be appointed for a term of two years, and one-fourth
25 shall be appointed for a term of one year.
267. WIOA board members shall receive no compensation, but shall be reimbursed for
27 all necessary expenses actually incurred in the performance of their duties.
288. The department may include on its website a list of the names of the members of
29 the board, including the names of members of local workforce development boards, along
30 with information on how to contact such boards.
         620.512. 1. The board shall establish bylaws governing its organization, operation,
2 and procedure consistent with sections 620.511 to [620.513] 620.514, and consistent with the
3 WIOA.
42. The board shall meet at least four times each year at the call of the chairperson.
53. In order to assure objective management and oversight, the board shall not operate
6 programs or provide services directly to eligible participants, but shall exist solely to plan,
7 coordinate, and monitor the provisions of such programs and services. A member of the
8 board may not vote on a matter under consideration by the board that regards the provision of
9 services by the member or by an entity that the member represents or would provide direct
10 financial benefit to the member or the immediate family of the member. A member of the
11 board may not engage in any other activity determined by the governor to constitute a conflict
12 of interest.
134. The composition and the roles and responsibilities of the board membership may
14 be amended to comply with any succeeding federal or state legislative or regulatory
15 requirements governing workforce investment activities, except that the procedure for such
16 change shall be outlined in state rules and regulations and adopted in the bylaws of the board.
175. The department of economic development shall provide professional, technical,
18 and clerical staff for the board.
196. The board may promulgate any rules and regulations necessary to administer the
20 provisions of sections 620.511 to [620.513] 620.514. Any rule or portion of a rule, as that
21 term is defined in section 536.010, that is created under the authority delegated in this section
22 shall become effective only if it complies with and is subject to all of the provisions of
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23 chapter 536 and, if applicable, section 536.028. This section and chapter 536 are
24 nonseverable and if any of the powers vested with the general assembly pursuant to chapter
25 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently
26 held unconstitutional, then the grant of rulemaking authority and any rule proposed or
27 adopted after August 28, 2007, shall be invalid and void.
          620.513. 1. The board shall assist the governor with the functions described in
2 Section 101(d) of the WIOA, 29 U.S.C. Section 311d, and any regulations issued pursuant to
3 the WIOA.
42. The board shall submit an annual report of its activities to the governor, the speaker
5 of the house of representatives, and the president pro tem of the senate no later than January
6 thirty-first of each year.
73. Nothing in sections 620.511 to [620.513] 620.514 shall be construed to require or
8 allow the board to assume or supersede the statutory authority granted to, or impose any
9 duties or requirements on, the state coordinating board for higher education, the governing
10 boards of the state's public colleges and universities, the state board of education, or any local
11 educational agencies.
          620.514. 1. For the purposes of this section, the term "eligible workforce
2 training program" shall mean a program that meets applicable requirements in Section
3 83002 of Pub. L. 119-21.
42. The governor shall, in consultation with the board:
5(1) Approve all eligible workforce training programs for eligibility for workforce
6 Pell grants; and
7(2) Coordinate approval of eligible workforce training programs and workforce
8 Pell grant awards with other state and federal workforce programs to prevent
9 duplicative funding for the same purpose.
103. The board shall establish an internal procedure to determine that a program
11 meets the requirements to be an eligible workforce training program.
124. No department, agency, or board of state government has authority to adopt
13 or promulgate any rule that is more restrictive than applicable federal rules to
14 implement this section.
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