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THE SENATE |
S.B. NO. |
1384 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WORKFORCE DEVELOPMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The
legislature further finds that Act 88, Session Laws of Hawaii 2021, also known
as the General Appropriations Act of 2021, eliminated the program identification
number for the Hawaii workforce development council and transferred its
appropriation and positions to the workforce development division of the
department of labor and industrial relations.
The
Legislature also finds that reports on the activities of the k-12 agriculture
workforce development pipeline initiative are no longer needed and that
requirement should be repealed from section 371-21, Hawaii Revised Statutes.
The purpose
of this Act is to amend the Hawaii workforce development council law to be
consistent with the state budget as enacted in Act 88, Session Laws of Hawaii
2021, and to conform the state workforce development board statute to the
nomenclature and conflict of interest provisions found in the Workforce
Innovation and Opportunity Act and related regulations in the Code of Federal
Regulations.
SECTION
2. Chapter 202, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:
"§202- Conflict of interest. The Hawaii workforce development board and
local workforce development boards shall develop written conflict of interest
policies consistent with P.L. 113-128 (29 U.S.C. 3111(f) and 3122(h)), title 29
Code of Federal Regulations section 97.36, title 20 Code of Federal Regulations
parts 679 and 683, title 2 Code of Federal Regulations parts 200 and 2900, as
amended, and chapter 84."
SECTION
3. Chapter 202, Hawaii Revised Statutes,
is amended by amending its title to read as follows:
"CHAPTER 202
HAWAII WORKFORCE DEVELOPMENT [COUNCIL] BOARD"
SECTION
4. Section 202-1, Hawaii Revised
Statutes, is amended to read as follows:
"§202-1 [Council;] Hawaii workforce
development board; appointment; tenure. [[](a)[] The advisory commission on employment and
human resources is hereby constituted as the workforce development
council. The council] There is
established the Hawaii workforce development board that shall be administratively
attached to the department of labor and industrial relations and shall also
fulfill the functions of the state workforce development board for purposes of
the federal Workforce Innovation and Opportunity Act of 2014, P.L. No. 113-128[.]
(29 U.S.C. 3101 et. seq.).
(b) Except for the ex officio members or their
designees, the [council] board members shall be appointed by the
governor for four-year staggered terms as provided for in section 26-34. The governor shall [appoint]
select the chairperson of the [council.] board from
among the private sector members set forth in paragraph (4). The [council] board
shall be constituted as provided by the federal Workforce Innovation and
Opportunity Act of 2014, P.L. 113-128 (29 U.S.C. 3111), of the
following members:
(1) The directors of labor and
industrial relations and of business, economic development, and tourism;
the superintendent of education; and the president of the University of Hawaii
or their designees, as ex officio, voting members;
(2) The administrator of the
division of vocational rehabilitation, department of human services, as an ex
officio, voting member;
(3) The private sector
chairpersons of the four [county] local workforce development
boards, or their designees from the private sector membership of their
respective boards, as ex officio, voting members;
(4) Seventeen representatives
from the private sector, including nonprofit organizations and businesses in
the State, appointed from individuals nominated by state business organizations
and business trade associations;
(5) Eight representatives from
labor organizations and workforce training organizations, two or more of whom
shall be representatives of labor organizations who have been nominated by
state labor federations, and one of whom shall be a labor representative from a
community-based native Hawaiian organization that operates workforce
development programs;
(6) A member of each house of
the legislature, for two-year terms beginning in January of odd-numbered years,
appointed by the appropriate presiding officer of each house, as ex officio,
voting members;
(7) The four mayors or their
designees, as ex officio, voting members; and
(8) The governor or the
governor's designee.
[[](c)[] Council] Board members shall serve without compensation but
shall be reimbursed for travel expenses necessary for the performance of their
duties.
[[(d)] From June 6, 2016, and until such time that
the council has forty-one members, sixteen council members shall constitute a
quorum to do business, and the concurrence of at least sixteen council members
shall be necessary to make any action of the council valid.
[(e)]] (d) All [council]
board members may continue to serve on the [council] board
until their respective successors have been appointed. A person appointed to fill a vacancy shall
serve the remainder of the term of the person's predecessor."
SECTION 5. Section 202-2, Hawaii Revised Statutes, is amended to read as follows:
"§202-2
Duties of [council.] board. In accordance with P.L.
113-128 (29 U.S.C. section 3111), the
Hawaii workforce development [council] board shall assist
the governor in:
(1) The
development, implementation, and modification of the state plan consistent with
P.L. 113-128 (29 U.S.C. section 3112);
(2) The
review of statewide policies, statewide programs, and recommendations on
actions that should be taken by the State to align workforce development
programs in a manner that supports a comprehensive and streamlined workforce
development system in the State, including consideration of programs and
activities of one-stop partners that are not core programs;
(3) Coordination of the local workforce development boards to maximize and
continue to improve the quality and services to develop a comprehensive and
high-quality workforce development system;
[(3)] (4) The development and continuous
improvement of the workforce development system in the State;
[(4)] (5) The
development and updating of comprehensive state performance accountability
measures, including state adjusted levels of performance, to assess the
effectiveness of the core programs in the State as required under P.L. 113-128
(29 U.S.C. section 3141(b));
[(5)] (6) The
identification and dissemination of information on best practices for the
effective operation of one-stop centers, and the development of effective local
boards and effective training programs;
[(6)] (7) The
development and review of statewide policies affecting the coordinated
provision of services through the State's one-stop delivery system;
[(7)] (8) The
development of strategies for technological improvements to facilitate access
to, and improve the quality of, services and activities provided through the
one-stop delivery system;
[(8)] (9) The
development of strategies for aligning technology and data systems across
one-stop partner programs to enhance service delivery and improve efficiencies
in reporting on performance accountability measures, including the design and
implementation of common intake, data collection, case management information,
and performance accountability measurement and reporting processes, and the
incorporation of local input into the design and implementation, to improve
coordination of services across one-stop partner programs;
[(9)] (10) The
development of allocation formulas for the distribution of funds for employment
and training activities for adults, and youth workforce investment activities,
to local areas as permitted under P.L. 113-128 (29 U.S.C. sections 3163(b)(3),
3173(b)(3));
[(10)] (11) The preparation of annual reports as
described in P.L. 113-128 (29 U.S.C. section 3141(d));
[(11)] (12) The
development of the statewide workforce and labor market information system
described in the Wagner-Peyser Act (29 U.S.C. section 49l-2(e));
[(12)] (13) The
development of other policies as may promote statewide objectives for, and
enhance the performance of, the workforce development system;
[(13)] (14) Creating
public awareness and understanding of the State's workforce development plans,
policies, programs, and activities, and promoting the plans, policies,
programs, and activities as economic investments;
[(14)] (15) Submitting
annual reports of the [council's] board's activities and
recommendations to the governor and the legislature, and posting the annual
reports electronically on the [council's] board's website no
later than twenty days before the convening of each regular session. Annual reports shall include:
(A) The
status of the comprehensive state plan for workforce development; and
(B) Information
regarding the workforce development programs offered throughout the State, the
number of individuals placed in high-demand or high-growth employment through
workforce development programs by departments, the type or category of
employment garnered, and allocations of state, federal, and other funding to
achieve placements into higher-skilled jobs;
[(15)] (16) Evaluating
the state workforce development plan in terms of how its purposes, goals, and
objectives have been carried out throughout the State;
[(16)] (17) Providing
technical assistance to local workforce development boards and other similar
organizations;
[(17)] (18) Carrying
out required functions and duties related to workforce development of any
advisory body required or made optional by federal legislation;
[(18)] (19) The
review and certification of local workforce development boards and plans prepared
by local workforce development boards for the use of federal workforce
development funds as provided in P.L. 113-128 (29 U.S.C. section 3122(b)-(c));
and
[(19)] (20) Commenting
on the measures taken pursuant to section 122(c)(17) of the Carl D. Perkins
Career and Technical Education Act of 2006, P.L. 109-270."
SECTION
6. Section 202-3, Hawaii Revised
Statutes, is amended to read as follows:
"§202-3 Powers of [council.] board. (a) The
Hawaii workforce development [council] board shall appoint
and fix the compensation of an executive director, who shall be exempt from [chapter]
chapters 76[, and may employ any other personnel as it deems
advisable within chapter 76.] and 89.
[(b) The council, or on the authorization of the
council, any subcommittee or panel thereof, may, for the purpose of carrying
out its functions and duties, hold such hearings and sit and act at such times
and places as the council may deem advisable.
(c) The council may negotiate and enter into
contracts with public agencies or private organizations to carry out its
studies and to prepare reports that the council determines to be necessary to
the fulfillment of its duties.]
[(d)]
(b) The [council] board
may secure, through the governor's office, any information from any
executive department, agency, or independent instrumentality of the State it
deems necessary to carry out its functions.
[(e)]
(c) The [council] board
may convene such public conferences and forums as it deems useful to keep the
public informed of workforce development needs, developments, and initiatives.
[(f) The council may administer funds allocated
for its work and may accept, disburse, and allocate funds which may become
available from other governmental and private sources; provided that all the
funds shall be disbursed or allocated in compliance with the objectives set
forth herein, and applicable laws.]"
SECTION
7. Section 304A-303, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is
established a career and technical education coordinating advisory council,
which shall serve in an advisory capacity to the board of regents. The council shall consist of eleven members,
nine appointed and two ex officio[[],[]] voting members. Of the nine appointed members:
(1) Three shall be appointed
from the board of regents by the chairperson of that body;
(2) Three shall be appointed
from the board of education by the chairperson of that body; and
(3) Three shall be appointed
from the Hawaii workforce development [council] board by
that [council.] board.
Of the
three members appointed from the Hawaii workforce development [council,]
board, one member shall represent management, one member shall represent
labor, and the third shall represent the public. Of the two ex officio members, one shall be
the president of the university and the other shall be the superintendent of
education."
SECTION
8. Section 371-21, Hawaii Revised
Statutes, is amended to read as follows:
"[[]§371-21[]] K-12 agriculture workforce development
pipeline initiative. (a)
There shall be created in the department a k‑12 agriculture workforce development pipeline initiative to
conduct training sessions for teachers and school administrators on the islands
of Oahu, Hawaii, Maui, Molokai, Lanai, and Kauai, regarding agricultural
self-sufficiency.
(b) The k-12 agriculture workforce development
pipeline initiative shall be headed by a coordinator who shall be appointed by
the director, subject to chapter 76, to carry out the purposes of this section,
which may include developing and proposing scholarships, travel offsets, course
credits, and stipends. The coordinator
may hire, subject to chapter 76, necessary staff, including a workforce
development specialist, to carry out the purposes of this section.
(c) Course material for the training sessions
under subsection (a) shall be approved by the Hawaii agriculture workforce
advisory board established pursuant to section 371-19.
[(d) The department shall submit annual reports to
the legislature on the activities of the k-12 agriculture workforce development
pipeline initiative.]"
SECTION
9. Section 348-8, Hawaii Revised
Statutes, is amended by substituting the words "workforce development
board" wherever the words "Hawaii workforce development council"
appear, as the context requires.
SECTION
10. Sections 201-16, 202-10, 304A‑1143, 304A-3252, 373C-23, and 394-5, Hawaii Revised Statutes,
are amended by substituting the words "Hawaii workforce development board"
wherever the words "state workforce
development council" appear, as the context requires.
SECTION 11. Section 202-4, Hawaii Revised Statutes, is amended by substituting the word "board" wherever the word "council" appears and substituting the words "Hawaii workforce development board" wherever the words "workforce development council" appear, as the context requires.
SECTION
12. Section 202-5, Hawaii Revised
Statutes, is repealed.
["§202-5 Organizational relationships. The workforce development council is placed
within the department of labor and industrial relations for administrative
purposes and shall act in an advisory capacity to the governor."]
SECTION 13. All rules,
policies, procedures, guidelines, and other material adopted or developed by
the workforce development council to implement provisions of the Hawaii Revised
Statutes that are reenacted or made applicable to the department of labor and
industrial relations by this Act shall remain in full force and effect until
amended or repealed by the department of labor and industrial relations
pursuant to chapter 91, Hawaii Revised Statutes, as appropriate. In the interim, every reference to the
workforce development council in those rules, policies, procedures, guidelines,
and other material is amended to refer to the department of labor and
industrial relations, as appropriate.
SECTION 14. All deeds,
leases, contracts, loans, agreements, permits, or other documents executed or
entered into by or on behalf of the workforce development council, pursuant to
the provisions of the Hawaii Revised Statutes, that are reenacted or made
applicable to the department of labor and industrial relations by this Act
shall remain in full force and effect. Upon the effective date of this Act, every
reference to the workforce development council or the executive director of the
workforce development council in those deeds, leases, contracts, loans,
agreements, permits, or other documents shall be construed as a reference to
the department of labor and industrial relations, as appropriate.
SECTION 15. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 16. This Act shall take effect on January 1, 2050.
Report Title:
Hawaii Workforce Development Council; Hawaii Workforce Development Board; Conflict of Interest; Chairperson of Board; K-12 Agriculture Workforce Development Pipeline Initiative
Description:
Amends chapter 202, Hawaii Revised Statutes (HRS), to be consistent with the General Appropriations Act of 2021, Act 88, Session Laws of Hawaii 2021. Renames "Hawaii Workforce Development Council" to "Hawaii Workforce Development Board" and "county workforce development board" to "local workforce development board". Requires the Hawaii Workforce Development Board and local workforce development boards to develop written conflict of interest policies consistent with federal law and regulations. Requires the Governor to select the chairperson of the board from among the seventeen private sector members. Requires the Hawaii Workforce Development Board to assist the Governor in the coordinating of local workforce development boards in improving and developing a statewide workforce development system. Repeals the requirement for the Department of Labor and Industrial Relations to submit an annual report to the Legislature on the activities of the K-12 Agriculture Workforce Development Pipeline Initiative. Effective 1/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.