Bill Text: HI HB2362 | 2016 | Regular Session | Introduced
Bill Title: Workforce Development Council; Composition; Duties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-06-08 - Act 057, on 06/06/2016 (Gov. Msg. No. 1158). [HB2362 Detail]
Download: Hawaii-2016-HB2362-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2362 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII WORKFORCE DEVELOPMENT COUNCIL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Workforce Innovation and Opportunity Act supersedes the Workforce Investment Act and sets forth different council composition requirements, different state workforce development system plan specifications, and different council functions than the Workforce Investment Act. Chapter 202, Hawaii Revised Statutes, establishes the workforce development council to fulfill the functions of the state workforce development board for purposes of the federal Workforce Investment Act of 1998, Public Law No. 105-220.
The purpose of this Act is to conform chapter 202, Hawaii Revised Statutes, to the federal Workforce Innovation and Opportunity Act of 2014, Public Law No. 113-128, effective July 1, 2015.
SECTION 2. Section 202-1, Hawaii Revised Statutes, is amended to read as follows:
"§202-1 Council; appointment; tenure.
The advisory commission on employment and human resources is hereby
constituted as the workforce development council. The council shall also
fulfill the functions of the state workforce [investment] development
board for purposes of the federal [Workforce Investment Act of 1998, Public
Law No. 105-220.] Workforce Innovation and Opportunity Act, P. L. No.
113-128.
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 the chairperson of the council and the
two mayors to the council. The council shall be composed of thirty-one members.
The members shall be selected on the basis of their interest in and knowledge
of workforce development programs in the State and how they can support
economic development]. The council shall be [composed of the following
representatives of whom the majority shall be from the private sector:] constituted
as provided by P.L. 113-128 (29 U.S.C. §311) [of whom the majority shall
be from the private sector]:
(1) The directors of labor and industrial relations, human services, 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 private [business] sector chairpersons
of the four county workforce [investment] development boards, or
their designees from the private [business] sector membership of their
respective boards, as ex officio[[],[]] voting members;
(3) [Twelve additional private sector] Fourteen
representatives from [business;] the private sector, including nonprofit
organizations and businesses in the State;
(4) [One representative from a community-based Native Hawaiian organization that operates workforce development programs;] Seven representatives from labor organizations and workforce training organizations, one of which shall be a representative from a community-based native Hawaiian organization that operates workforce development programs;
[(5) Two representatives from labor;]
[6](5)[Four members] A member
of each chamber of the legislature, [two from each house] for
two-year terms beginning in January of odd-numbered years, appointed by
the appropriate presiding officer of each [house] chamber, as ex
officio[[],[]] voting members;
[7](6)[Two] The four
mayors or their designees, as ex officio[[],[]] voting members;
and
[8](7)The governor or the governor's designee.
[The] Council members shall serve
without compensation but shall be [entitled to] reimbursed for entitled
to travel expenses [when actually engaged in business relating to the
work of the council.] necessary for the performance of their duties.
From the effective date of this Act and until such time that the council has thirty-seven 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.
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 3. Section 202-2, Hawaii Revised Statutes, is amended to read as follows:
"§202-2 Duties of council.
[The workforce development council shall:
(1) Prepare and update periodically
a comprehensive state plan for workforce development with strategic goals and
measurable outcomes. The comprehensive state plan shall include:
(A) Strategic goals of
workforce development programs, including the identification of the desired
number of highly skilled workers in the workforce, the number of placements of
individuals into higher-skilled jobs, the identification of high-demand areas
for job growth, the need for skilled workers in the next five and ten years,
and the time frame for training and development;
(B) Methods to educate the
private sector about state, federal, and private financial assistance available
for workforce development;
(C) Methods to facilitate
access to workforce development resources, including the reduction of
regulatory burdens for employers and employees;
(D) The creation and
improvement of educational opportunities for individuals to learn and develop
new skills, including mentoring, project-based learning, and internships;
(E) Methods to facilitate the
department of education's development of curriculum in the public schools to
prepare students for employment in the private sector;
(F) Recommendations to change
and improve existing state programs, including the elimination of ineffective
programs and the creation of new programs to improve workforce development;
(G) The identification of
resources required, obstacles to overcome, and best practice models to
implement the comprehensive state strategic plan; and
(H) A detailed budget for the
comprehensive state plan with a justification for each expenditure;
(2) Review and assess the coordination between the
State's workforce development programs, including programs of the federal
government operating in the State, and placements in higher-skilled jobs to
expand economic development and diversification; and consider:
(A) The State's employment
and training requirements and resources;
(B) Practices of employers
and unions that impede or facilitate the mobility of workers; and
(C) The special problems of
untrained and inexperienced youth, immigrants, persons with disabilities,
welfare clients, single parents, disadvantaged minorities, and other groups
facing barriers in the labor force;
(3) Serve as an information clearinghouse
for all workforce development programs in the State, including workforce
training and education programs;
(4) Analyze and interpret workforce information, particularly
changes which are likely to occur during the next ten years; the specific
industries, occupations, and geographic areas which are most likely to be
involved; and the social and economic effects of these developments on the
State's economy, labor force, communities, families, social structure, and
human values;
(5) Define those areas of unmet workforce and
economic development needs and describe how private and public agencies can
coordinate their efforts and collaborate with each other to address those
needs;
(6) Recommend to the governor and the legislature,
state policies and funding priorities based on local community input that it
believes should be adopted by the state government in meeting its workforce
development responsibilities to:
(A) Establish a workforce
development system in the State in which resources are pooled and programs are
coordinated and streamlined;
(B) Establish reporting
requirements for job placement results by category of occupations in
high-demand and high-growth areas;
(C) Encourage a program of
useful research into the State's workforce requirements, development, and
utilization; and
(D) Support recommended
workforce policies that promote economic development, diversification, and
well-being of the people in this State;
provided that the duties and responsibilities of
the workforce development council shall not impinge on the constitutional and
statutory authority of the board of regents and the board of education, and the
statutory authority of the state board for career and technical education;
(7) Create public awareness and
understanding of the State's workforce development plans, policies, programs,
and activities, and promoting them as economic investments;
(8) Submit annual reports of its activities
and recommendations to the governor and the legislature, and post the annual
reports electronically on the Internet 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;
(9) Evaluate the state workforce
development plan in terms of how its purposes, goals, and objectives have been
carried out throughout the State;
(10) Provide technical assistance to local
workforce development boards and other similar organizations;
(11) Carry out required functions and duties
related to workforce development of any advisory body required or made optional
by federal legislation, including the Job Training Partnership Act of 1982, as
amended, and the Wagner-Peyser Act of 1933, as amended;
(12) In accordance with the federal
Workforce Investment Act of 1998, Public Law 105-220, assist the governor in
the following functions:
(A) The development of the State's
plan for the use of federal workforce investment funds, which is required under
Public Law 105-220;
(B) The development and continuous
improvement of the statewide and local workforce investment systems described
in subtitle B of Public Law 105-220, and the one-stop delivery systems
described in section 134(c) of Public Law 105-220, including:
(i) The development of linkages
referred to in Public Law 105-220, to assure coordination and non-duplication
among the programs and activities in section 121(b) of Public Law 105-220; and
(ii) The review of plans prepared by local workforce
investment boards for the use of federal workforce investment funds which is
required under Public Law 105-220;
(C) Commenting at least once
annually on the measures taken pursuant to section 122(c)(16) of the Carl D.
Perkins Vocational and Technical Education Amendments of 1998, Public Law
105-332;
(D) The designation of local areas
as required in section 116 of Public Law 105-220;
(E) The development of allocation
formulas for the distribution of funds for adult employment and training
activities and youth activities to local areas as permitted under sections
128(b)(3)(B)(i) and 133(b)(3)(B)(i) of Public Law 105-220;
(F) The development and continuous
improvement of comprehensive state performance measures, including state-adjusted
levels of performance, to assess the effectiveness of the workforce investment
activities in the State as required under section 136(b)(1) of Public Law
105-220;
(G) The preparation of the annual
report to the United States Secretary of Labor described in section 136(d)(1)
of Public Law 105-220;
(H) The development of the statewide
employment statistics system described in section 15(e) of the Wagner-Peyser
Act; and
(I) The development of an
application for an incentive grant under section 503 of Public Law 105-220; and
(13) Act as the designated state entity to conduct activities
relating to occupational and employment information for vocational and
technical education programs in compliance with section 118 of the Carl D.
Perkins Vocational and Technical Education Amendments of 1998, Public Law
105-332.]
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. §3112);
(2) The review of statewide policies, programs, and of 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) The development and continuous improvement of the workforce development system in the State as provided in P.L. 113-128 (29 U.S.C. §3111(d)(2)(3));
(4) 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. §3141(b));
(5) The identification and dissemination of information on best practices for the effective operation of one-stop centers, the development of effective local boards and effective training programs, as provided in P.L. 113-128 (29 U.S.C. §3111(d)(5));
(6) The development and review of statewide policies affecting the coordinated provision of services through the State's one-stop delivery system as provided in P.L. 113-128 (29 U.S.C. §3141(b));
(7) 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 as provided in P.L. 113-128 (29 U.S.C. §3111(d)(7));
(8) 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 such design and implementation, to improve coordination of services across one-stop partner programs;
(9) 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. §3163(b)(3)) and 29 U.S.C. §3173 (b)(3);
(10) The preparation of annual reports as described in P.L. 113-128 (29 U.S.C. §3141(d));
(11) The development of the statewide workforce and labor market information system described in the Wagner-Peyser Act (29 U.S.C. §49l-2(e));
(12) The development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system;
(13) Create public awareness and understanding of the State's workforce development plans, policies, programs, and activities, and promoting them as economic investments;
(14) Submit annual reports of its activities and recommendations to the governor and the legislature, and post 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) Evaluate the state workforce development plan in terms of how its purposes, goals, and objectives have been carried out throughout the State;
(16) Provide technical assistance to local workforce development boards and other similar organizations;
(17) Carry out required functions and duties related to workforce development of any advisory body required or made optional by federal legislation;
(18) The review and certification of local workforce boards and plans prepared by local workforce boards for the use of federal workforce development funds as provided in P.L. 113-128 (29 U.S.C. §3122(b) and 29 U.S.C. §3122(c)); and
(19) 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 4. Section 202-4, Hawaii Revised Statutes, is amended as follows:
"§202-4 Duties of chairperson and executive director. The chairperson of the workforce development council or the executive director, at the direction of the council shall:
(1) Serve as consultant to the governor on issues relating to workforce development and its relation to economic development and diversification;
(2) Assist in coordinating the programs of all agencies dealing with issues of concern to the council;
(3) Arrange for statewide studies of the issues referred to in this chapter;
(4) Secure data and information from agencies concerned with the issues referred to in this chapter;
(5) Arrange for the exchange of information, plans, and programs between public and private groups interested in the issues referred to in this chapter;
(6) Prepare articles, reports, and bulletins for the use of the council, concerned agencies, and for general publication;
(7) Keep and maintain records and reports and [conduct]
handle correspondence relative to the work of the council; [and]
(8) Develop recommendations and plans for action
consistent with the purpose of this chapter[.]; and
(9) Assist in carrying out the duties described in section 202-2."
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.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Workforce Development Council; Composition; Duties
Description:
Conforms the State Workforce Development Council Law to new federal requirements in the Workforce Innovation and Opportunity Act of 2014 (WIOA), Public Law 113-128, which supersedes the Workforce Investment Act of 1998 (WIA).
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
