REPORT TITLE:
School-to-Work Pilot Project


DESCRIPTION:
Transfers the staff of the school-to-work opportunities pilot
project from the Hawaii school-to-work opportunities executive
council to the DOE.  (SB1475 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE SCHOOL-TO-WORK OPPORTUNITIES PILOT PROJECT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Act 343, Session Laws of Hawaii 1997, is amended
 
 2 by amending section 2 to read as follows:
 
 3      "SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 
 4 amended by adding a new part to be appropriately designated and
 
 5 to read as follows:
 
 6            "PART    .  [SCHOOL TO WORK] SCHOOL-TO-WORK
 
 7                    OPPORTUNITIES PILOT PROJECT
 
 8      §302A-   Hawaii school-to-work opportunities executive
 
 9 council; establishment; composition.(a)  There is established a
 
10 Hawaii school-to-work opportunities executive council.  The
 
11 members of the council shall be appointed by the governor.  The
 
12 council shall consist of up to, but not more than, twenty-one
 
13 members.  Council membership shall [consist of six executive
 
14 heads of state agencies,] include the superintendent of the
 
15 department of education, the president of the University of
 
16 Hawaii, the state director of vocational education, and the
 
17 directors of the departments of business, economic development,
 
18 and tourism, human services, and labor and industrial
 
19 relations[,] serving as ex officio voting members.
 
20 Representatives from local or regional partnerships, a student
 

 
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 1 member, and a voting majority representing business, industry,
 
 2 labor, and community organizations which include regional
 
 3 representations from all counties shall be appointed pursuant to
 
 4 section 26-34.
 
 5      The length of service for the [directors of departments of
 
 6 the State] heads of state agencies represented on the council
 
 7 shall be limited to the terms of their [cabinet] appointments.
 
 8 The terms of all [non-state agency head] members who are not
 
 9 heads of state agencies shall be for three years, commencing on
 
10 July 1 of the first year and ending on June 30[,] of the third
 
11 year.  Terms shall be staggered with one-third of the members
 
12 being appointed in each fiscal year.
 
13      (b)  Vacancies shall be filled by the governor for the
 
14 unexpired term.  The governor shall appoint as chairperson of the
 
15 council a member other than a state agency head who shall be
 
16 recommended by the council.
 
17      (c)  The council members shall serve without pay but shall
 
18 be entitled to their traveling expenses within the State [when
 
19 attending meetings of the council or] when actually engaged in
 
20 business relating to the work of the council.
 
21      §302A-   Powers of the council.  The powers of the Hawaii
 
22 school-to-work opportunities executive council shall include[,]
 
23 but not be limited to:
 

 
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 1      (1)  Establishing and setting the general directions and
 
 2           policy for the Hawaii school-to-work opportunities
 
 3           system[,] and its council[, and executive director];
 
 4     [(2)  Appointing, supervising, and if necessary, discharging
 
 5           the executive director, not subject to chapters 76 and
 
 6           77;
 
 7     (3)]  (2)  Establishing rules and procedures regarding its
 
 8           membership and operations;
 
 9    [(4)]  (3)  Approving expenditure plans and [award
 
10           grants/contracts;] awarding grants and contracts;
 
11    [(5)]  (4)  Ratifying the establishment of all necessary
 
12           standing and ad hoc committees; and
 
13    [(6)]  (5)  Engaging in such activities as may be necessary or
 
14           desirable to implement the functions of the School-to-
 
15           Work Opportunities Act of 1994[, and of the council or
 
16           through delegation to the executive director.] and the
 
17           council's plan of work which shall be carried out
 
18           through task groups organized around collaborative
 
19           school-to-work initiatives and identified outcomes.
 
20      §302A-   Staff.  [The Hawaii school-to-work opportunities
 
21 executive council may appoint such staff as deemed necessary, not
 
22 subject to chapters 76 and 77, to carry out its functions and
 
23 duties.  The staff of the council shall report to the executive
 

 
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 1 director.] The major staff services for the council shall be
 
 2 provided by the department of education.  Task group staff
 
 3 services may come from appropriate council members' state
 
 4 agencies whose mandates will also benefit from school-to-work
 
 5 initiatives and identified outcomes.
 
 6      §302A-   Contracts.  The Hawaii school-to-work
 
 7 opportunities executive council [or its executive director] may
 
 8 make, execute, enter into, amend, supplement, and carry out
 
 9 contracts, and all other instruments the council finds are
 
10 necessary or convenient for the fulfillment of its functions and
 
11 duties.
 
12      §302A-   Organizational relationships.  The Hawaii school-
 
13 to-work opportunities executive council shall act as the
 
14 governing board for the school-to-work system.  The Hawaii
 
15 school-to-work opportunities council [and staff] shall be placed
 
16 within the department of education for administrative purposes."
 
17      SECTION 2.  All officers and employees whose functions are
 
18 transferred by this Act shall be transferred with their functions
 
19 and shall continue to perform their regular duties upon their
 
20 transfer, subject to the state personnel laws and this Act.
 
21      No officer or employee of the State having tenure shall
 
22 suffer any loss of salary, seniority, prior service credit,
 
23 vacation, sick leave, or other employee benefit or privilege as a
 

 
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 1 consequence of this Act, and such officer or employee may be
 
 2 transferred or appointed to a civil service position without the
 
 3 necessity of examination; provided that the officer or employee
 
 4 possesses the minimum qualifications for the position to which
 
 5 transferred or appointed; and provided that subsequent changes in
 
 6 status may be made pursuant to applicable civil service and
 
 7 compensation laws.
 
 8      In the event that an office or position held by an officer
 
 9 or employee having tenure is abolished, the officer or employee
 
10 shall not thereby be separated from public employment, but shall
 
11 remain in the employment of the State with the same pay and
 
12 classification and shall be transferred to some other office or
 
13 position for which the officer or employee is eligible under the
 
14 personnel laws of the State as determined by the head of the
 
15 department or the governor.
 
16      Any incumbent officer or employee of the State who does not
 
17 have tenure and who may be transferred or appointed to a civil
 
18 service position as a consequence of this Act, shall be granted
 
19 regular civil service status without loss of seniority, prior
 
20 service credit, vacation, sick leave, or other employee benefits,
 
21 and without the necessity of examination; provided they possess
 
22 the minimum qualifications for the class to which their positions
 
23 are assigned.  The pay rate of non-tenured employees affected by
 

 
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 1 this Act shall be determined in the same manner as the pay rate
 
 2 of other civil service employees in comparable positions with the
 
 3 same length of service.  Any officer or employee transferred or
 
 4 appointed by this Act shall have performed work satisfactorily in
 
 5 the position for a period of not less than six months prior to
 
 6 the effective date of this Act.
 
 7      All appropriations, records, equipment, machines, files,
 
 8 supplies, contracts, books, papers, documents, maps, and other
 
 9 personal property heretofore made, used, acquired, or held by the
 
10 Hawaii school-to-work opportunities executive council relating to
 
11 the functions transferred to the department of education shall be
 
12 transferred with the functions to which they relate.
 
13      SECTION 3.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 4.  This Act shall take effect on July 1, 1999.