HOUSE BILL NO. 1628 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HALEY.
5234H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 23.295, 160.575, 173.236, 178.550, 178.585, 186.019, 288.040, 620.010, 620.484, 620.490, 620.511, 620.512, and 620.513, RSMo, and section 167.910 as enacted by house bill no. 1606, ninety-ninth general assembly, second regular session, and section 167.910 as enacted by house bill no. 1415, ninety-ninth general assembly, second regular session, and to enact in lieu thereof twelve new sections relating to higher education.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 23.295, 160.575, 173.236, 178.550, 178.585, 186.019, 288.040, 2 620.010, 620.484, 620.490, 620.511, 620.512, and 620.513, RSMo, and section 167.910 as 3 enacted by house bill no. 1606, ninety-ninth general assembly, second regular session, and 4 section 167.910 as enacted by house bill no. 1415, ninety-ninth general assembly, second 5 regular session, are repealed and twelve new sections enacted in lieu thereof, to be known as 6 sections 23.295, 160.575, 173.2565, 173.2566, 173.2570, 173.2571, 173.2572, 178.550, 7 178.585, 186.019, 288.040, and 620.010, to read as follows: 23.295. If an employee is displaced because a program is sunset, reorganized, or 2 continued, the state agency and the [division] office of workforce development in the 3 department of [economic] higher education and workforce development shall make a 4 reasonable effort to relocate the displaced employee. 160.575. 1. The department of elementary and secondary education shall develop a 2 "ready to work" endorsement program that enables high schools to endorse a certificate for 3 students who meet certain standards that demonstrate that such students are deemed ready to 4 work. The program shall be available no later than June 30, 2007.
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. HB 1628 2
5 2. The program shall include, but not be limited to, the following: 6 (1) Voluntary participation by high school seniors who choose to participate; 7 (2) Academic components; 8 (3) Work readiness components; 9 (4) Assessment tools and techniques for a third-party, independent, and objective 10 assessment and endorsement of individual student achievement through an existing workforce 11 investment service delivery system; and 12 (5) An easily identifiable guarantee to potential employers that the entry-level 13 employee is ready to work. 14 3. In developing such standards, the department shall involve representatives of the 15 [division] office of workforce development, employers, students, career center providers, 16 local workforce investment boards, and school district personnel. [620.484.] 173.2565. The provisions of the Wagner-Peyser Act (29 U.S.C.A. Sec. 49 2 et seq.), as amended, are hereby accepted by this state and the [division] office of workforce 3 development of the department of [economic] higher education and workforce 4 development is hereby designated and constituted the agency of this state for the purposes 5 of said act. The [division] office shall establish and maintain free public employment offices 6 in such number and in such places as may be necessary for the proper administration of this 7 chapter and for the purposes of performing such functions as are within the purview of the 8 Wagner-Peyser Act. [620.490.] 173.2566. The department of [economic] higher education and 2 workforce development shall promulgate rules providing for the coordination of state and 3 federal job training resources administered by the department of [economic] higher 4 education and workforce development, including the local workforce investment areas 5 established in the state to administer federal funds pursuant to the federal Workforce 6 [Investment] Innovation and Opportunity Act (WIOA), Pub. L. 113-128, as amended, or 7 its successor, for the provision of assistance to businesses in this state relating to the creation 8 of new jobs in the state. The department shall include in these rules the methods to be 9 followed by any business engaged in the creation of new jobs in state to ensure that 10 economically disadvantaged citizens receive opportunities for employment in the new jobs 11 created. No rule or portion of a rule promulgated pursuant to the authority of this section 12 shall become effective unless it has been promulgated pursuant to the provisions of section 13 536.024. [620.511.] 173.2570. 1. There is hereby established the "Missouri Workforce 2 Development Board", formerly known as the Missouri workforce investment board, and 3 hereinafter referred to as "the board" in sections [620.511 to 620.513] 173.2570 to 173.2572. HB 1628 3
4 2. 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. 10 3. 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] 13 173.2570 to 173.2572 to the WIOA shall apply as well to the new federal law. 14 4. 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 16 requirements of the WIOA, the governor shall designate one member of the board to be its 17 chairperson. 18 5. 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. 22 6. 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. 26 7. WIOA board members shall receive no compensation, but shall be reimbursed for 27 all necessary expenses actually incurred in the performance of their duties. 28 8. 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.] 173.2571. 1. The board shall establish bylaws governing its organization, 2 operation, and procedure consistent with sections [620.511 to 620.513] 173.2570 to 3 173.2572, and consistent with the WIOA. 4 2. The board shall meet at least four times each year at the call of the chairperson. 5 3. 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 HB 1628 4
11 board may not engage in any other activity determined by the governor to constitute a conflict 12 of interest. 13 4. 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. 17 5. The department of [economic] higher education and workforce development, 18 office of workforce development, shall provide professional, technical, and clerical staff for 19 the board. 20 6. The board may promulgate any rules and regulations necessary to administer the 21 provisions of sections [620.511 to 620.513] 173.2570 to 173.2572. Any rule or portion of a 22 rule, as that term is defined in section 536.010, that is created under the authority delegated in 23 this section shall become effective only if it complies with and is subject to all of the 24 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 25 are nonseverable and if any of the powers vested with the general assembly pursuant to 26 chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are 27 subsequently held unconstitutional, then the grant of rulemaking authority and any rule 28 proposed or adopted after August 28, 2007, shall be invalid and void. [620.513.] 173.2572. 1. The board shall assist the governor with the functions 2 described in Section 101(d) of 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 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. 7 3. Nothing in sections [620.511 to 620.513] 173.2570 to 173.2572 shall be construed 8 to require or allow the board to assume or supersede the statutory authority granted to, or 9 impose any duties or requirements on, the state coordinating board for higher education, the 10 governing boards of the state's public colleges and universities, the state board of education, 11 or any local educational agencies. 178.550. 1. This section shall be known and may be cited as the "Career and 2 Technical Education Student Protection Act". There is hereby established the "Career and 3 Technical Education Advisory Council" within the department of elementary and secondary 4 education. 5 2. The advisory council shall be composed of sixteen members who shall be Missouri 6 residents. The director of the department of economic development, or his or her designee, 7 shall be a member. The commissioner of education shall appoint the following members: 8 (1) A director or administrator of a career and technical education center; HB 1628 5
9 (2) An individual from the business community with a background in commerce; 10 (3) A representative from State Technical College of Missouri; 11 (4) Three current or retired career and technical education teachers who also serve or 12 served as an advisor to any of the nationally recognized career and technical education 13 student organizations of: 14 (a) DECA; 15 (b) Future Business Leaders of America (FBLA); 16 (c) FFA; 17 (d) Family, Career and Community Leaders of America (FCCLA); 18 (e) Health Occupations Students of America (HOSA); 19 (f) SkillsUSA; or 20 (g) Technology Student Association (TSA); 21 (5) A representative from a business organization, association of businesses, or a 22 business coalition; 23 (6) A representative from a Missouri community college; 24 (7) A representative from Southeast Missouri State University or the University of 25 Central Missouri; 26 (8) An individual participating in an apprenticeship recognized by the department of 27 labor and industrial relations or approved by the United States Department of Labor's Office 28 of Apprenticeship; 29 (9) A school administrator or school superintendent of a school that offers career and 30 technical education. 31 3. Members appointed by the commissioner of education shall serve a term of five 32 years except for the initial appointments, which shall be for the following lengths: 33 (1) One member shall be appointed for a term of one year; 34 (2) Two members shall be appointed for a term of two years; 35 (3) Two members shall be appointed for a term of three years; 36 (4) Three members shall be appointed for a term of four years; 37 (5) Three members shall be appointed for a term of five years. 38 4. Four members shall be from the general assembly. The president pro tempore of 39 the senate shall appoint two members of the senate of whom not more than one shall be of the 40 same party. The speaker of the house of representatives shall appoint two members of the 41 house of representatives of whom not more than one shall be of the same party. The 42 legislative members shall serve on the advisory council until such time as they resign, are no 43 longer members of the general assembly, or are replaced by new appointments. 44 5. The advisory council shall have three nonvoting ex officio members: HB 1628 6
45 (1) A director of guidance and counseling services at the department of elementary 46 and secondary education, or a similar position if such position ceases to exist; 47 (2) The director of the [division] office of workforce development; and 48 (3) A member of the coordinating board for higher education, as selected by the 49 coordinating board. 50 6. The assistant commissioner for the office of college and career readiness of the 51 department of elementary and secondary education shall provide staff assistance to the 52 advisory council. 53 7. The advisory council shall meet at least four times annually. The advisory council 54 may make all rules it deems necessary to enable it to conduct its meetings, elect its officers, 55 and set the terms and duties of its officers. The advisory council shall elect from among its 56 members a chairperson, vice chairperson, a secretary-reporter, and such other officers as it 57 deems necessary. Members of the advisory council shall serve without compensation but may 58 be reimbursed for actual expenses necessary to the performance of their official duties for the 59 advisory council. 60 8. Any business to come before the advisory council shall be available on the 61 advisory council's internet website at least seven business days prior to the start of each 62 meeting. All records of any decisions, votes, exhibits, or outcomes shall be available on the 63 advisory council's internet website within forty-eight hours following the conclusion of every 64 meeting. Any materials prepared for the members shall be delivered to the members at least 65 five days before the meeting, and to the extent such materials are public records as defined in 66 section 610.010 and are not permitted to be closed under section 610.021, shall be made 67 available on the advisory council's internet website at least five business days in advance of 68 the meeting. 69 9. The advisory council shall make an annual written report to the state board of 70 education and the commissioner of education regarding the development, implementation, 71 and administration of the state budget for career and technical education. 72 10. The advisory council shall annually submit written recommendations to the state 73 board of education and the commissioner of education regarding the oversight and procedures 74 for the handling of funds for student career and technical education organizations. 75 11. The advisory council shall: 76 (1) Develop a comprehensive statewide short- and long-range strategic plan for career 77 and technical education; 78 (2) Identify service gaps and provide advice on methods to close such gaps as they 79 relate to youth and adult employees, workforce development, and employers on training 80 needs; HB 1628 7
81 (3) Confer with public and private entities for the purpose of promoting and 82 improving career and technical education; 83 (4) Identify legislative recommendations to improve career and technical education; 84 (5) Promote coordination of existing career and technical education programs; 85 (6) Adopt, alter, or repeal by its own bylaws, rules and regulations governing the 86 manner in which its business may be transacted. 87 12. For purposes of this section, the department of elementary and secondary 88 education shall provide such documentation and information as to allow the advisory council 89 to be effective. 90 13. For purposes of this section, "advisory council" shall mean the career and 91 technical education advisory council. 178.585. 1. Under rules and regulations of the state board of education, the 2 commissioner of education, in cooperation with the [director of the division] office of 3 workforce development of the department of [economic] higher education and workforce 4 development, shall establish procedures to provide grants to public high schools, vocational- 5 technical schools, State Technical College of Missouri, and community colleges solely for the 6 purpose of new programs, curriculum enhancement, equipment and facilities so as to upgrade 7 vocational and technical education in the state. 8 2. Each vocational-technical school, community college, State Technical College of 9 Missouri, and school district of any public high school receiving a grant authorized by this 10 section shall have an advisory committee composed of local business persons, labor leaders, 11 parents, senior citizens, community leaders and teachers to establish a plan to ensure that 12 students who graduate from the vocational-technical school, community college, State 13 Technical College of Missouri, or public high school proceed to a four-year college or high- 14 wage job with workplace-skill development opportunities. 15 3. The [director of the] department of [economic] higher education and workforce 16 development shall provide annually to the commissioner of education a listing of demand 17 occupations in the state includi