S0485.04C

SENATE COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 330

AN ACT

     To repeal sections 161.193, 208.425, 620.481, 620.521, 620.523, 620.527, 620.528, 620.529 and 620.537, RSMo 1994, and section 620.530, RSMo Supp. 1996, relating to governmental reorganization, and to enact in lieu thereof nine new sections relating to the same subject.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 161.193, 208.425, 620.481, 620.521, 620.523, 620.527, 620.528, 620.529 and 620.537, RSMo 1994, and section 620.530, RSMo Supp. 1996, are repealed and nine new sections enacted in lieu thereof, to be known as sections 37.600, 37.605, 37.610, 37.615, 37.700, 37.705, 37.710, 37.715 and 208.425, to read as follows:

     37.600. 1. There is hereby established the "Missouri Workforce Policy Board".

     2. The board shall advise the governor and general assembly on statewide workforce development goals and objectives; changes to the workforce development system needed to implement the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996; and the creation of a comprehensive strategic plan and system that encourages community-based service delivery and that provides for the allocation of funds based on performance and outcomes.

     3. The board shall consist of twenty members appointed by the governor. The governor shall designate one nongovernmental member to be chair. Two members shall be members of the house of representatives and two shall be members of the senate. Legislative members shall be selected from two different political parties as recommended by the speaker of the house and president pro tem of the senate. The board shall be composed as follows:

     (1) Six members shall be representatives of business and industry;

     (2) Five members shall be representatives of state agencies, or their designee, including the director of the department of economic development, the commissioner of elementary and secondary education, the director of the department of labor and industrial relations, the director of the department of social services and the commissioner of higher education;

     (3) One member shall represent local education;

     (4) Six members shall be representatives of organized labor or community-based organizations; and

     (5) Two members shall be representatives of the general public.

     4. Members of the board shall not be compensated for their services, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.

     5. The governor may replace any member of the board who misses two consecutive scheduled meetings.

     6. The roles, responsibilities and duties of the Missouri training and employment council and the state council on vocational education are hereby assigned to the Missouri workforce policy board.

     37.605. 1. The board shall have the following powers and duties:

     (1) To do all things necessary or convenient to carry out the powers and duties of the board as expressly provided in this act including, but not limited to, adopting, altering or repealing its own by-laws, and making and executing contracts and other agreements;

     (2) To receive, accept and utilize gifts, grants, donations or contributions of money, property, facilities or services, with or without consideration from any person, firm, corporation, foundation or other entity or from this state or any agency, instrumentality or political subdivision thereof or from the United States government or any agency or instrumentality thereof;

     (3) Advise and submit recommendations to the governor and the general assembly;

     (4) Work toward the establishment of a state workforce development system that improves the opportunity for Missourians to obtain and retain employment in well-paying jobs and move from below the poverty-line to above and beyond;

     (5) Establish statewide, regional and local outcomes to be achieved by the workforce development system in Missouri;

     (6) Establish the specific measures by which statewide, regional and local outcomes and performance will be measured and evaluated to ensure accountability for results;

     (7) Develop a statewide comprehensive strategic plan addressing economic and workforce development to accomplish the statewide, regional and local outcomes defined and desired by the board;

     (8) Establish parameters, criteria, requirements, guidelines and geographic boundaries necessary to establish regional and local organizational structures within which programs and services will be delivered;

     (9) Review, comment upon, approve or disapprove regional and local organizational structures;

     (10) Review, comment upon and recommend modifications in state plans, strategic plans, budget requests, programs and services of state agencies. These comments and recommendations, unless implemented, shall become a part of any agency's state plan, strategic plan and budget request presented to the appropriate approving entity, the governor and general assembly;

     (11) Establish a system to monitor the implementation of and evaluate the performance of the strategic plans, programs and services provided throughout the state including, but not limited to, availability, adequacy, responsiveness, quality of services and the achievement of outcomes. The board may also make recommendations to the governor and general assembly on corrective action needed to achieve established outcomes;

     (12) Evaluate and provide recommendations on any federal fiscal policy changes related to workforce development and training programs;

     (13) Recommend any state budget, policy and/or organizational structure changes necessary to facilitate a streamlined, coordinated, cost-effective workforce development and training system;

     (14) Develop a workforce development delivery system that provides a funding mechanism for pooling resources from the state departments and programs that will allow local communities to tailor services to meet the established outcomes and needs of their areas. The board will work with departments to review which state and federal programs and funding will be included in the workforce development system. State and federal programs which shall be reviewed include, but are not limited to, the Job Training Partnership Act, Wagner-Peyser, job development fund, customized training, community college new jobs training program, regional technology education program, community college workforce funding, food stamp employment and training program, Carl D. Perkins Vocational and Applied Technology Act, school-to-work, the adult education act, FUTURES, the national and community service act, NAFTA Trade Adjustment Assistance for Workers, Disabled Veterans' Outreach program, local veterans' employment representation program, Job Corps, work opportunity tax credit program, the one-stop career systems, and the Vocation Rehabilitation Act;

     (15) Prepare and submit an annual report to the governor and general assembly by December each year;

     (16) The board shall perform all functions required by the federal Job Training Partnership Act or its successor acts; and

     (17) Hold joint meetings and work with the family investment trust board, established in section 37.700, to identify and implement any state budget, policy or organizational structure changes necessary to ensure the integrated delivery of workforce development services and services dealing with the well being of children, youth and families.

     37.610. The governor may appoint ad hoc planning groups or other groups made up of representatives from the various departments and programs affected by the board as the governor deems necessary to assist the board in its efforts. Funding and staffing for the board in its efforts will be assigned to the office of administration, division of budget planning. Such staff and expenses will be cost allocated to the affected departments and programs. Departments shall share information and cooperate with the board in its efforts.

     37.615. The board, its duties and responsibilities identified in sections 37.600 to 37.610, will cease to exist on December 31, 2000.

     37.700. 1. There is hereby established the family investment trust board.

     2. The board shall advise the governor and general assembly on statewide issues concerning children, youth and families; changes to the existing system needed to implement the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996; and the creation of a comprehensive strategic plan and system that encourages community-based service delivery and that provides for the allocation of funds based on performance and outcomes.

     3. The board shall consist of sixteen members appointed by the governor. The governor shall designate the board's chair or co-chairs. The board shall be composed as follows:

     (1) Six members shall be representatives of state agencies, or their designee, including the director of the department of economic development, the commissioner of elementary and secondary education, the director of the department of health, the director of the department of labor and industrial relations, the director of the department of mental health and the director of the department of social services;

     (2) Two members shall be members of the house of representatives, selected from two different political parties, as recommended by the speaker of the house;

     (3) Two members shall be members of the senate, selected from two different political parties, as recommended by the president pro tem of the senate; and

     (4) Six members of the private sector, such as business leaders in the state, elected members of the governing body of a county or municipality and nongovernmental community leaders or advocates for families and children.

     4. Members of the board shall not be compensated for their services, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.

     5. The governor may replace any member of the board who misses two consecutive scheduled meetings.

     37.705. 1. The board shall have the following powers and duties:

     (1) To do all things necessary or convenient to carry out the powers and duties of the board as expressly provided in this act including, but not limited to, adopting, altering or repealing its own by-laws or making and executing contracts and other agreements;

     (2) To receive, accept and utilize gifts, grants, donations or contributions of money, property, facilities or services, with or without consideration from any person, firm, corporation, foundation or other entity or from this state or any agency, instrumentality or political subdivision thereof or from the United States government or any agency or instrumentality thereof;

     (3) Advise and submit recommendations to the governor and the general assembly;

     (4) Establish statewide, regional and local outcomes to improve the state's delivery system for children, youth and families in Missouri through greater collaboration among state departments including:

     (a) Parents working;

     (b) Children safe in their families and families safe in their communities;

     (c) Children ready to enter school;

     (d) Children in families that are healthy;

     (e) Children and youth succeeding in school; and

     (f) Youth ready to enter the workforce and become productive citizens;

     (5) Establish the specific measures by which statewide, regional and local outcomes and performance will be measured and evaluated to ensure accountability for results;

     (6) Develop a statewide comprehensive strategic plan addressing issues surrounding children, youth and families to accomplish the statewide, regional and local outcomes defined and desired by the board;

     (7) Establish parameters, criteria, requirements and guidelines necessary to establish regional and local organizational structures, and for the formation of community partnerships to provide services specifically tailored to meet the outcomes and needs of their areas. Community partnerships include any integrated, collaborative local efforts established to plan, implement, monitor and evaluate programs to deal more effectively with the problems of children, youth and families in this state including, but not limited to, caring communities;

     (8) Review, comment upon and recommend modifications in state plans, strategic plans and budget requests, programs and services of state agencies. These comments and recommendations, unless implemented, shall become a part of any agency's state plan, strategic plan and budget request, presented to the appropriate approving entity, the governor and the general assembly;

     (9) Review, comment upon and approve or disapprove plans, programs and budgets of regional and local organizational structures and community partnerships established under this section;

     (10) Establish a system to monitor the implementation of and evaluate the performance of the strategic plans, programs and services provided throughout the state including, but not limited to, availability, adequacy, responsiveness, quality of services and the achievement of outcomes. The board may also make recommendations to the governor and general assembly on corrective action needed to achieve established outcomes;

     (11) Evaluate and provide recommendations on any federal fiscal policy changes related to services provided to children, youth and families;

     (12) Recommend any state budget, policy and/or organizational structure changes necessary to facilitate a streamlined, coordinated, cost-effective service delivery system that provides:

     (a) Accountability for results;

     (b) Services close to where families live and where children attend school; and

     (c) Active community involvement in decisions which affect the well being of children and their families;

     (13) Develop a delivery system that provides a funding mechanism for pooling resources from the state departments and programs that will allow local communities to tailor services to meet the established outcomes and needs of their areas. The board will work with departments to review which state and federal programs and funding will be pooled. State and federal programs which may be reviewed include, but are not limited to, the social services block grant, the temporary assistance for needy families block grant, the child care development block grant, the maternal and child health block grant, health initiative fund, preventive health block grant, substance abuse prevention and treatment block grant, block grant for community mental health services, caring communities, child protective services, neighborhood assistance act, community development block grant, affordable housing assistance tax credit program, Missouri low-income housing tax credit program and youth opportunities and violence prevention program;

     (14) Prepare and submit an annual report to the governor and general assembly by December 31 each year;

     (15) Hold joint meetings and work with the workforce development policy board, established in section 37.600, to identify and implement any state budget, policy or organizational structure changes necessary to ensure the integrated delivery of workforce development services and services dealing with the well being of children, youth and families.

     37.710. The governor may appoint ad hoc planning groups or other groups made up of representatives from the various departments and programs affected by the board as the governor deems necessary to assist the board in its efforts. Funding and staffing for the board will be assigned to the office of administration, division of budget planning. Such staff and expenses will be cost allocated to the affected departments and programs. Departments shall share information and cooperate with the board in its efforts.

     37.715. The board, its duties and responsibilities identified in sections 37.700 to 37.715, will cease to exist on December 31, 2000.

     208.425. There is hereby established in the department of social services a "Welfare Reform Coordinating Committee" to assist in the development of regional and state implementation plans for welfare reform. The committee will submit any reports and recommendations to the Missouri workforce policy board established in section 37.600, RSMo, and the Missouri family investment trust board established in section 37.700, RSMo.

          [161.193. 1. As used in this section, the word "council" means the state council on vocational education assigned to the department of elementary and secondary education by executive orders 85-3 and 85-5 in 1985.

          2. The council shall provide to the department of economic development, the education committees of the house of representatives and the senate, and the appropriations committees of the house of representatives and the senate copies of all reports which the council is required to submit or does submit to the state board of education, the governor, the state job training coordinating council, the secretary of education and the secretary of labor, or any of the above.]

          [620.481. There is hereby created the "Missouri Job Training Joint Legislative Oversight Committee". The committee shall consist of three members of the Missouri senate appointed by the president pro tem of the senate; three members of the house of representatives appointed by the speaker of the house. No more than two of the members of the senate and two of the members of the house of representatives shall be from the same political party. Members of the Missouri job training joint legislative oversight committee shall report to the governor, the president pro tem of the senate and the speaker of the house of representatives on all assistance to industries under the provisions of sections 620.470 to 620.481 provided during the preceding fiscal year and the customized job training program administered by the department of elementary and secondary education. The report of the committee shall be delivered no later than October first of each year. The director of the department of economic development shall report to the committee such information as the committee may deem necessary for its annual report. Members of the committee shall receive no compensation in addition to their salary as members of the general assembly, but may receive their necessary expenses while attending the meetings of the committee, to be paid out of the joint contingent fund.]

          [620.521. Sections 620.521 to 620.530 shall be known and may be cited as the "Missouri Training and Employment Council Act".]

          [620.523. 1. There is hereby established the "Missouri Training and Employment Council".

          2. The Missouri training and employment council shall study and make recommendations regarding the improvement of the state's job training service delivery network. Such recommendations will consider improved federal and state resource use and expanded coordination of state job training and employment activities with other related activities. Using the results of interdepartmental collaboration at early stages of policy formation, the council shall propose a statewide training and employment policy and a periodically updated plan of services for achieving Missouri's objective of full employment. The council shall serve as a forum for public and private sector representation to encourage cooperative uses of training and employment funding, facilities and staff resources for a more comprehensive and coordinated statewide system.

          3. The Missouri training and employment council shall consist of thirty members appointed by the governor with the advice and consent of the senate. The governor shall designate one nongovernmental member to be chairman. The council shall be composed as follows:

          (1) Thirty percent of the membership shall be representatives of business, industry and agriculture, including individuals who are representatives of business, industry, and agriculture on private industry councils, job service employer committees or local education advisory committees within the state;

          (2) Thirty percent of the membership shall be:

          (a) Members of the general assembly and state agencies and organizations. One representative each from the department of economic development, the department of elementary and secondary education, the department of labor and industrial relations and the department of social services shall be appointed;

          (b) Representatives of the units or consortia of units of general local government which shall be nominated by the chief elected officials of the units or consortia of units of local government and the representatives of local educational agencies who shall be nominated by local educational agencies. One community college president or chancellor, one representative of the state council on vocational education and one director of an area vocational school shall be appointed to the council. To the extent feasible, such appointees shall have knowledge of or experience with economic development, job training, education or related areas;

          (3) Thirty percent of the membership shall be representatives of organized labor and representatives of community-based organizations in the state;

          (4) Ten percent of the membership shall be representatives of the general public. The composition and the roles and responsibilities of the Missouri training and employment council membership may be amended to comply with any succeeding federal or state legislative or regulatory requirements governing training and employment programs, except that the procedure for such change shall be outlined in state rules and regulations and adopted in the bylaws of the council.

          4. Each member of the council shall serve for a term of four years and until a successor is duly appointed; except that, of the members first appointed, six members shall serve for a term of four years, eight members shall serve for a term of three years, eight members shall serve for a term of two years and eight members shall serve for a term of one year. Each member shall continue to serve until a successor is duly appointed. The council shall meet at least four times each year at the call of the chairman.

          5. The members of the council shall receive no compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their official duties.]

          [620.527. 1. The Missouri training and employment council shall:

          (1) Review studies of occupational trends, employment supply and demand, industry growth, job training program participation, labor force literacy and early warning signals that industries are beginning to decline or are in danger of closing;

          (2) Report to the governor and to the general assembly regarding statewide training and employment policies which have been developed in concert with interagency assistance from the department of economic development, the department of elementary and secondary education, the department of labor and industrial relations, the department of social services and other agencies delivering training and employment services;

          (3) Prepare and submit to appropriate state and local agencies a statewide plan for full-employment services including such activities as labor exchange, job training or retraining, job development, job placement services and labor force literacy;

          (4) Work through various state agencies delivering training and employment services to review interagency coordination and program effectiveness;

          (5) Review and report to the governor innovative proposals for training and employment programs; and

          (6) Encourage the participation of government, business and industry, and unions or other labor organizations, for providing assistance to dislocated workers, in communities where plant closures occur.

          2. The roles, responsibilities and duties of the Missouri job training coordinating council established by Missouri executive order 88-8 are hereby assigned to the Missouri training and employment council. The Missouri training and employment council shall perform all council functions required by the federal Job Training Partnership Act, as amended, as well as the expanded requirements defined by sections 620.521 to 620.530.]

          [620.528. No later than September 1, 1992, the Missouri training and employment council shall submit to the governor and to the general assembly a proposed statewide training and employment policy. This policy shall address public and private participation toward achieving Missouri's objective of full employment. The policy shall also address methods to improve federal and state resource use in the providing of job training services and coordination of training and employment activities with other related activities.]

          [620.529. 1. The Missouri training and employment council shall prepare and recommend a statewide training and employment plan for consideration by appropriate state and local agencies by 1993. The plan shall be reviewed annually and updated periodically and shall propose implementation timetables, measurable objectives and specific courses of action. The plan shall describe possible cooperative uses of training and employment funding, facilities and staff resources whenever feasible and shall focus on the development of a more coordinated training and employment delivery system.

          2. The plan shall include provisions to accomplish the following objectives by the administering agencies:

          (1) Provide a streamlined intake and assessment process for persons seeking training and employment assistance;

          (2) Target appropriate skill areas for training so that persons are trained for positions expected to exist in the labor market;

          (3) Allow workers with obsolete or inadequate skills to have their skills upgraded while retaining employment;

          (4) Retrain workers displaced by high technology industry and plant closings to reenter the Missouri workforce;

          (5) Involve business and industry in the planning, operation and evaluation of training programs;

          (6) Encourage and assist local educational agencies, vocational technical schools and post-secondary institutions to coordinate their curricula and course selections with the changing needs of business and industry;

          (7) Develop programs to improve the use of apprenticeship as a method of instruction in Missouri.

          3. The objectives listed in subsection 2 of this section shall be the foundation for interagency efforts to coordinate services and offer programs which maximize resources to meet Missouri's workforce needs while recognizing various agency roles and responsibilities.]

          [620.530. 1. The division of job development and training shall provide professional, technical and clerical staff support and resources to the Missouri training and employment council; administer training programs authorized under the federal Job Training Partnership Act; administer programs authorized under sections 620.470 to 620.481; and administer such other federal or state job development and training programs as are assigned to the division.

          2. The division shall promulgate rules and regulations necessary to carry out its responsibility to the Missouri training and employment council and to develop the plans and policies adopted by the council. No rule or portion of a rule promulgated under the authority of sections 620.470 to 620.570 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.]

          [620.537. 1. The department of economic development shall commission a new targeted industries study to identify those general areas of the Missouri economy where growth and increased employment is likely to occur in the next decade, and to ascertain necessary, associated work force skills and requirements. The completed study shall be distributed to all Missouri state agencies which provide job training services in order to promote collaboration in the development of employment projections and in the delivery of training services, and to any local economic development agency requesting a copy of such study.

          2. The Missouri training and employment council, in conjunction with the state's private industry councils, the state's community colleges, the state's area vocational technical schools, community action agencies, as defined in section 660.370, RSMo, the department of economic development, the department of elementary and secondary education, the department of labor and industrial relations, the department of social services, and the Missouri state council on vocational education shall initiate a study regarding the value of a clustered or regional focus on job training, including the establishment of customized, technical training centers and utilization of portable equipment. Emphasis will be placed on the determination of broad occupational training needs.]