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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2468 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Internship Programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) The director shall establish rules to implement this section that shall be in accordance with the following:
(1) Whenever
a position exempted under subsection (b) or (c) is no longer exempted from the
civil service, normal civil service recruitment procedures shall apply, unless
the incumbent is to be retained without the necessity for examination by action
of the legislature; provided that in such event, the incumbent shall be
retained, but only if the incumbent meets the minimum qualification
requirements of the position; [and]
(2) The
manner for setting the compensation of incumbents upon their inclusion in the
classification systems shall be fair and equitable in comparison to the
compensation of other incumbents with comparable experience in the same or
essentially similar classes; provided that the compensation of incumbents who
are in the same bargaining unit, prior to and after their inclusion in the
classification systems, shall be in accordance with the applicable collective
bargaining agreement[.]; and
(3) Experience gained by an intern participating in the internship program established pursuant to section 394-11 shall be applied towards the experience needed to meet the minimum qualification requirements under this chapter for civil service positions of a similar level and scope to the internship."
SECTION 2. Section 394-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§394-10[]] On-the-job training work experience program;
private sector. (a)
The department of labor and industrial relations may enter into
contracts with employers or [registered
apprenticeship program] sponsors and trade organizations in the
private sector to provide on-the-job training to eligible interns; provided
that any participating [apprenticeship program] sponsor in the private
sector shall only offer to eligible interns on-the-job training in [public]
private sector projects. The
department may provide to the employers or sponsors up to $20.00 per hour in
reimbursements for an intern's wages only for the costs of training and
supervising an intern. The employers or
sponsors shall not be required to provide documentation of these costs.
(b)
Eligible employers or sponsors shall demonstrate compliance with Hawaii
compliance express or any successor program established to facilitate
compliance with section 103D‑310(c).
(c) Contracts with employers or sponsors
under this section shall be limited to a period of twelve weeks for college or
university students, with an extension of up to twelve additional weeks if
approved by the director of labor and industrial relations, and six weeks for
high school students, with an extension of up to eight weeks during the summer
break. In determining the appropriate
length of the contract, the director shall consider the:
(1) Occupation's skill requirements;
(2) Intern's existing academic and occupational skill levels; and
(3) Intern's prior work experience.
(d) The employer or sponsor shall comply with
state and federal employment laws pursuant to chapter 387 and the Fair Labor
Standards Act of 1938, as amended.
(e) The department of labor and industrial
relations shall adopt interim rules, which shall be exempt from chapter 91, to
develop and implement the program; provided that the interim rules shall remain
in effect until the adoption of rules pursuant to chapter 91 to allow the
department to:
(1) Ensure that participating interns are eligible pursuant to subsection (f) and participating employers or sponsors are eligible pursuant to subsection (g);
(2) Ensure that interns are referred by the department to employers or sponsors and not directly by the employers or sponsors;
(3) Reimburse employers or sponsors up to $20.00 per hour for an intern's wages only for the extraordinary costs of providing intern training and supervision;
(4) Develop a training plan for participating interns of the program in collaboration with the intern and employer or sponsor;
(5) Monitor each intern's progress in the program to ensure that training plan objectives are being met;
(6) Consult with interns and onsite supervisors to address any problems affecting the training plan;
(7) Terminate an internship, if necessary, due to problems at the worksite caused by either the intern or the employer or sponsor; and
(8) [Limit]
Determine the maximum number of interns an employer or sponsor [participation
to no more than five interns] may retain at one time, as tracked by
the federal employer identification number of the employer or sponsor.
(f) The department of labor and industrial
relations shall develop eligibility criteria for interns, including
requirements that the intern:
(1) Be sixteen years of age or older;
(2) Be a Hawaii resident;
(3) Be currently enrolled:
(A) In
a public high school, or has earned a high school diploma or its
equivalent [within one year of applying for the internship]; or
(B) In
an accredited college or university, or has earned a college or
university degree [within one year of applying for the internship];
(5) Is not an apprentice in a registered apprenticeship program or journey worker;
provided that the department of labor and industrial relations may conduct criminal history background checks as appropriate.
(g) The department of labor and industrial
relations shall develop eligibility criteria for employers or sponsors,
including requirements that the employer or sponsor:
(1) Provide onsite work experience that complies with each intern's training plan and includes the daily supervision, training, and guidance necessary to enable each intern to develop work habits and job‑specific skills that are essential for employment;
(2) Provide interns with the same working conditions as other employees in similar occupations;
(3) Consult the department to obtain assistance when an intern requires support services to effectively complete an assigned task;
(4) Pay
[no] not less than $20.00 per hour for a maximum of thirty hours
per week for high school students; provided that the maximum hours may be
increased to forty hours during the summer break;
(5) Pay
[no] not less than $20.00 per hour for a maximum of forty hours
per week; provided that the maximum hours for college or university students
who are enrolled in at least two college or university courses shall not exceed
twenty hours;
(6) Provide each intern with a mentor to give on-the-job guidance and to answer routine questions about the workplace;
(7) Ensure that interns do not displace currently employed workers, reduce the hours of those currently employed, infringe on the opportunities for promotion of regular employees, or replace the work of employees who have experienced layoffs;
(8) Ensure that interns' on-the-job training does not impair existing contracts for services or collective bargaining agreements;
(9) Ensure that the worksite, supervisor, and participants are available for monitoring by the department;
(10) Ensure that the worksite complies with all occupational safety and health standards established under state and federal law;
(11) Maintain time sheets and attendance records for each intern and prepare intern evaluations and any other reports required by the department;
(12) Notify the department on a timely basis if an intern:
(A) Is injured at the worksite;
(B) Is absent without good cause;
(C) Performs poorly on job assignments;
(D) Refuses to participate in work or work-related activities; or
(E) Is not making satisfactory progress in the program or on the job;
(13) For
[private] sponsors, contribute fifty per cent [in cost sharing
benefits, including wages and fringe benefits;] of each intern's wages;
and
(14) Indemnify and hold harmless the State of Hawaii and its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided under this section and procure sufficient insurance to provide this indemnification.
(h) The department of labor and industrial relations may contract with trade organizations for different industry sectors without regard to chapters 103D and 103F to:
(1) Coordinate internship placements with the department of labor and industrial relations and employers or sponsors; and
(2) Provide administrative support to employers or sponsors who would otherwise lack the capacity to participate in the program;
provided
that each contract shall expressly state that the trade organization shall
indemnify and hold harmless the State of Hawaii and its officers, agents, and
employees from and against any and all claims arising out of or resulting from
activities carried out or projects undertaken by the trade organization with
funds provided under this section and procure sufficient insurance to provide
this indemnification.
(i) As used in this section:
"Sponsor" means any person, employer, association, committee, or organization operating an apprenticeship program and in whose name the program is registered with the department of labor and industrial relations.
"Trade organization" means a not-for-profit entity registered with the division of business registration of the department of commerce and consumer affairs, that supports and represents companies in a particular industry."
SECTION 3. Section 394-11, Hawaii Revised Statutes, is amended to read as follows:
"[[]§394-11[]] State internship and workforce development program. (a)
There is established within the department of labor and industrial
relations the state internship and workforce development program. The department of labor and industrial
relations shall collaborate with the department of human resources development
to process all public program applications and place interns in temporary or
permanent positions at state executive branch departments, agencies, or
programs. The program shall:
(1) Provide paid internship opportunities within various state departments and agencies;
(2) Prioritize placement in departments with significant workforce shortages; and
(3) Include comprehensive training, mentorship, and evaluation components.
(b) Selection of internship participants shall be based upon:
(1) Academic achievement or relevant work experience;
(2) Interest in public service careers; and
(3) Alignment with departmental workforce needs.
(c) As part of the program, internship participants shall:
(1) Attend and actively participate in all required work experience training sessions;
(2) Perform assigned duties and responsibilities in accordance with program guidelines; and
(3) Adhere to workplace policies and procedures.
(d) As part of the program, coordinating agency work sites shall:
(1) Provide
meaningful and adequate work experience to help interns meet the minimum
qualification requirements for employment in the relevant position[;],
including employment pursuant to chapter 76;
(2) Conduct regular performance evaluations of interns and provide feedback to the coordinating agency;
(3) Collaborate with the department of labor and industrial relations to create career pathways for interns; and
(4) Ensure that viable and vacant positions relative to the interns' field of study are available for them to participate in this program.
(e)
The department of [labor and industrial relations] human
resources development shall:
(1) Ensure
that the experience gained through the program [qualifies] helps
participants to [apply] qualify for vacant positions of a similar
level and scope within the hosting department[;], including recognizing
the experience as meeting part of the minimum qualification requirements of
employment in a position pursuant to chapter 76;
(2) Develop standardized guidelines to align internship duties with the qualifications required for full-time employment;
(3) Provide ongoing support to coordinating agencies to ensure compliance with program objectives; and
(4) Collaborate with coordinating agencies to create career pathways for interns.
(f) As part of the program, participants shall receive opportunities for professional development and skills training.
(g) Before the first day of each internship, the department of labor and industrial relations shall provide the department of human resources development with:
(1) The name of the intern;
(2) The state executive branch department, agency, or program to which the intern is assigned;
(3) The expected start and end dates of the internship; and
(4) Any other relevant information that the department of human resources development may require to assist the intern in pursuing future employment with the state executive branch.
(h)
The department of labor and industrial relations and department of human
resources development shall develop guidelines for participation in the
program, including requirements that the intern:
(1) Be sixteen years of age or older;
(2) Be a Hawaii resident;
(3) Be currently enrolled:
(A) In a public high school, or has earned a high school diploma or its equivalent; or
(B) In an accredited college or university, or has earned a college or university degree;
(4) Have, or has graduated with, a cumulative grade point average of 2.5 or higher on a scale of 4.0 or its equivalent; and
(5) Is
not an apprentice in a registered apprenticeship program or journey worker;
provided
that the department of labor and industrial relations or department of human
resources development may conduct criminal history background checks as
appropriate.
(i)
The director of human resources development shall apply the experience
gained by an intern participating in the program towards the experience needed
to meet the minimum qualification requirements under chapter 76 for civil
service positions of a similar level and scope to the internship.
[(h)] (j) For the purposes of this section:
"Coordinating agency" means the participating State of Hawaii department, agency, or office hosting and employing an intern program participant.
"Eligible participant" means an
individual who meets established guidelines for participation in the program[,]
developed pursuant to subsection (h), including [recent] public
high school students, high school graduates, college students, and [post-graduate
students, and individuals seeking to transition into public service careers.]
college graduates.
"Internship program" or "program" means the state internship and workforce development program established pursuant to this section.
"Minimum qualification" means
the minimum experience, education, licensing, or other special requirements essential
to performance in a class of work or a position.
"Participant" means an individual accepted into the internship program."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to be allocated as follows:
(1) $ for the implementation and operation of the on-the-job training work experience program for the private sector established pursuant to section 394-10, Hawaii Revised Statutes, including contracting with trade organizations; and
(2) $ for the operation of the state internship and workforce development program established pursuant to section 394-11, Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2026.
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INTRODUCED BY: |
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Report Title:
DLIR; DHRD; Internship Programs; Workforce Development; Hele Imua; On-the-Job Training Work Experience Program; State Internship and Workforce Development Program; Minimum Qualifications; Civil Service; Appropriation
Description:
Expands the on-the-job training work experience program for the private sector by authorizing the Department of Labor and Industrial Relations to enter into contracts with trade organizations to provide on-the-job training to participating interns. Removes the requirement that high school, college, or university graduates have graduated within 1 year of applying for the on-the-job training work experience program and state internship and workforce development program. Repeals the requirement that participating sponsors contribute 50 per cent of each intern's fringe benefits. Amends the state internship and workforce development program for the public sector by requiring the coordinating agency work sites to provide work experience that helps interns meet the minimum qualification requirements for employment in the relevant positions, including civil service positions. Transfers certain duties from the Department of Labor and Industrial Relations to the Department of Human Resources Development. Requires the Department of Human Resources Development to apply the internship experience towards the minimum qualification requirements for similar civil service positions. Appropriates moneys.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.