HB857

SECTION 1. Chapter 372, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§372- Chapter inoperative, when. If any provision of this chapter jeopardizes the receipt by the State of any federal grant-in-aid or other federal allotment under this chapter, the provision, insofar as the fund is jeopardized, shall be deemed to be inoperative."

SECTION 2. Section 26-20, Hawaii Revised Statutes, is amended to read as follows:

"§26-20 Department of labor and industrial relations. The department of labor and industrial relations shall be headed by a single executive to be known as the director of labor and industrial relations.

The department shall administer programs designed to increase the economic security, physical and economic well-being, and productivity of workers, and to achieve good labor-management relations, including the administration of workers' compensation, employment security, apprenticeship training, wage and hour, and industrial relations laws. The department shall also have the function of developing, preparing, and disseminating information on employment, unemployment, and general labor market conditions.

The labor and industrial relations appeals board provided for in chapters 371 and 386 is placed within the department of labor and industrial relations for administrative purposes. The respective functions, duties, and powers, subject to the administrative control of the director of labor and industrial relations, and the composition of the board shall be as heretofore provided by law.

There shall be within the department of labor and industrial relations a board to be known as the Hawaii labor relations board as provided for in section 89-5, which shall exercise powers and duties in accordance with chapters 89, 377, and 396. The director shall have general administrative supervision over the board, but shall not have the power to supervise or control the board in the exercise of its powers or duties.

The functions of mediation heretofore exercised by the commission of labor and industrial relations existing immediately prior to November 25, 1959, as provided in section 371-10, shall be exercised by the governor or the governor's designated agent.

The director [~~may~~] shall establish within the department of labor and industrial relations a committee to be known as the apprenticeship council [which shall sit in an advisory capacity to the director of labor and industrial relations on matters within the jurisdiction of the department of labor and industrial relations relating to apprenticeship programs.] to promote and approve apprenticeship programs consistent with the standards for apprenticeship agreements. The membership and organization of the council shall be determined by the director."

SECTION 3. Section 372-3, Hawaii Revised Statutes, is amended to read as follows:

"§372-3 Standards for agreements. "Standards for apprenticeship agreements" are as follows:

(1) A statement of the trade or craft to be taught and the required months or hours for completion of apprenticeship which shall be not less than twelve months or two thousand hours of reasonably continuous employment;

(2) A statement of the processes in the trade or craft divisions in which the apprentice is to be taught and the approximate amount of time to be spent at each process;

(3) A statement of the number of hours to be spent in related instruction which shall not be less than one hundred and forty-four hours per year; provided that the department of labor and industrial relations may, in the best interest of apprenticeship, reduce the hours of related instruction;

(4) A statement that apprentices shall be not less than sixteen years of age;

(5) A statement of the progressively increasing scale of wages to be paid to the apprentice;

(6) Provision for a period of probation during which the director of labor and industrial relations shall be directed to terminate an apprenticeship agreement at the request in writing of any party thereto;

(7) Provision that after the probationary period the director may terminate an apprenticeship agreement upon agreement of the parties thereto;

(8) Provision that the services of the department may be utilized for consultation regarding the settlement of differences arising out of the apprenticeship agreement where the differences cannot be adjusted locally or in accordance with the established trade procedure;

(9) Provision to specify the ratio of apprentice to journey worker;

(10) Provision that if an employer is unable to fulfill the employer's obligation under the apprenticeship agreement, the employer may transfer the obligation to another employer;

(11) Assurance of qualified training personnel, adequate supervision on the job, and the requisite specialty licenses relevant to the trade or craft;

(12) In the instance of parallel programs, assurance of compliance with the "equal to or better than" requirement; and

[~~(11)~~] (13) Such additional standards as may be prescribed in accordance with this chapter.

An apprentice who, prior to entering into an agreement, has had training or experience or both in the trade or craft in which the apprentice is employed as an apprentice may be granted full or partial credit for the training or experience on the recommendation of the employer or the joint apprenticeship committee with the approval of the director."

SECTION 4. Section 372-4, Hawaii Revised Statutes, is amended to read as follows:

"§372-4 Apprenticeship council. The director of labor and industrial relations [~~may~~] shall establish within the department of labor and industrial relations a committee to be known as the apprenticeship council [~~which shall sit in an advisory capacity to the director on matters within the jurisdiction of the department relating to apprenticeship programs.~~] to promote and approve apprenticeship programs consistent with the standards for agreements. The membership and organization of the council shall be determined by the director. The members of the council shall be appointed and removed at the pleasure of the director. The director or the director's subordinate officer in charge of the apprenticeship program shall act as secretary of the council."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	857
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII