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THE SENATE |
S.B. NO. |
2351 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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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 the 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should be repealed from section 371-21, Hawaii Revised Statutes.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. (a) 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.
(b) Separate from and in addition to any
standards of conduct set forth in chapter 84, a member or standing committee
member of the Hawaii workforce development board, or a member or standing
committee member of a local workforce development board shall not:
(1) Vote on or participate in a discussion
about a matter under consideration by the board or standing committee:
(A) Regarding the provision of services
by the member, or by an entity the member represents; or
(B) That would provide direct financial
benefit to the member or the member's immediate family; or
(2) Engage in any other activity
determined by the governor to constitute a conflict of interest under 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, and
title 2 Code of Federal Regulations parts 200 and 2900, as amended."
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 placed within the department
of labor and industrial relations for administrative purposes 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 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 of services and 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. 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 "workforce development
council" appear, as the context requires.
SECTION 10. 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
11. Section 348-8, Hawaii Revised
Statutes, is amended by substituting the words "Hawaii workforce
development board" wherever the words "state 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 upon its approval.
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INTRODUCED BY: |
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Report Title:
DLIR; 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, 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". 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 coordinating local workforce development boards to improve the 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.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.