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THE SENATE |
S.B. NO. |
2351 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WORKFORCE DEVELOPMENT.
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should be repealed from section 371-21, Hawaii Revised Statutes.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:
(1) Clarify that the
workforce development council is administratively attached to the department of
labor and industrial relations, and as such, its program identification number,
appropriations, and positions are to be transferred from the workforce
development division; and
(2) Conform the state
workforce development council 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 workforce development council 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 workforce development council, 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 council 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. Section 202-1, Hawaii Revised Statutes, is amended to read as follows:
"§202-1 Council;
appointment; tenure. [[](a)[]] The advisory commission
on employment and human resources is hereby constituted as the workforce
development council. The council 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 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 from among the private
sector members set forth in paragraph (4). The council 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
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)[]] All council members may continue to serve on the council 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 4. Section 202-2, Hawaii Revised Statutes, is amended to read as follows:
"§202-2 Duties of council. In accordance with P.L.
113-128 (29 U.S.C. section 3111), the
workforce development council 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 activities and recommendations to the governor
and the legislature, and posting the annual reports electronically on the council'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 5. Section 202-3, Hawaii Revised Statutes, is amended to read as follows:
"§202-3 Powers of council. (a) The workforce development council
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)] (b) 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)] (c)
The council 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)] (d) The council 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 6. 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 workforce development council by that council.
Of the three members appointed from the workforce development council, 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 7. 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 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2050.
Report Title:
DLIR; Workforce Development Council; Chairperson; Conflict of Interest; K-12 Agriculture Workforce Development Pipeline Initiative
Description:
Requires the Workforce Development Council 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 council from among the seventeen private sector members. Requires the Workforce Development Council 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. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.