Bill Text: HI SB175 | 2010 | Regular Session | Introduced
Bill Title: Workforce Development; Agriculture Education Program; Appropriation
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB175 Detail]
Download: Hawaii-2010-SB175-Introduced.html
Report Title:
Workforce Development; Agriculture Education Program; Appropriation
Description:
Transfers administrative authority of the agriculture education program from the department of education to the department of labor and industrial relations; appropriates funds from the employment and training fund to continue implementation of the agriculture education program.
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THE SENATE |
S.B. NO. |
175 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMPLOYMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii depends significantly on its natural resources for economic, social, and environmental sustainability. In particular, the importance of agriculture to the State is reflected in article XII, section 3 of the Hawaii state constitution, which reads: "The State shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands." Advances in agriculture-related industries have the potential to decrease the State's reliance on imported food, maximize available land for agriculture using techniques such as vertical gardening, and increase job opportunities especially for students who decide not to pursue higher education.
During these times of heightened concern over employment, economic growth, and quality of life, a renewed interest in and commitment to agriculture education can strengthen the economy and promote sustainability through the development of the State's work force.
The legislature recognized both the importance and potential of agriculture and agriculture-related industries by enacting Act 111 during the regular session of 2007. Act 111 established an agriculture education program, which trains and prepares secondary school students, college students, and adults for jobs in agriculture and agriculture-related industries. Among the priorities of the agriculture education program is preparing secondary school students and students who do not pursue higher education, for employment in agriculture-related jobs that are in high demand. Furthermore, training for and generating interest in agriculture and agriculture-related industries is important in light of the fact that a large number of Hawaii's farmers are nearing retirement.
While the agriculture education program has prospered under the administration of the department of education, the legislature finds that the agriculture education program could now benefit from a transfer to the administration of the department of labor and industrial relations for the following reasons:
(1) Act 111, Session Laws of Hawaii 2007, appropriated $350,000 to the department of education to establish and administer the agriculture education program. Despite the successes and potential of the agricultural education program, moneys will expire at the end of fiscal year 2008-2009 if additional funds are not appropriated to build upon the important gains of the program;
(2) There exists a state workforce development council established by section 202‑2, Hawaii Revised Statutes, which is placed within the department of labor and industrial relations for administrative purposes. The workforce development council is responsible for the creation and improvement of educational opportunities for individuals to learn and develop new skills and for the review and assessment of coordination between state workforce development programs, including placements in higher-skilled jobs to expand economic development and diversification; and
(3) Given the agriculture education program's contributions to the development and growth of a skilled work force, new and existing industries, and environmental and economic sustainability; and instead of competing for funds within the department of education, the agriculture education program would be more appropriately funded and administered by the department of labor and industrial relations in consultation with the state workforce development council, the department of education, the University of Hawaii system, and the department of agriculture.
The purpose of this Act is to transfer administrative authority of the agriculture education program from the department of education to the department of labor and industrial relations, provide for the director of the agriculture education program to represent the interests of the agriculture education program on the state workforce development council, and appropriate moneys from the state employment and training special fund to the agriculture education program.
SECTION 2. Chapter 202, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§202‑ Agriculture education program. (a) The department of labor and industrial relations shall administer a comprehensive agriculture education program. The agriculture education program shall include adequate staffing of individuals trained or experienced in the field of agriculture to coordinate the program and to provide assistance to school complexes for the coordination of the activities of related student organizations and associations.
(b) The agriculture education program shall be administered by a director who shall:
(1) Assist in assessing the agricultural needs of the State and devise methods of meeting those needs with the agriculture education program;
(2) Assist school districts in establishing agriculture education programs;
(3) Review school district applications for approval of agriculture education programs;
(4) Evaluate existing programs and design complementary programs;
(5) Plan research and studies for the improvement of curriculum materials for specialty areas of agriculture, including aquaculture and incumbent worker training;
(6) Ensure that the standards and criteria developed under this section satisfy the mandates of federally-assisted career and technical education;
(7) Develop in-service programs for teachers and administrators of agriculture education programs;
(8) Review applications for agriculture teacher certification;
(9) Assist in teacher recruitment and placement in agriculture education programs;
(10) Serve as a liaison with the Future Farmers of America, representatives of business, industry, appropriate public agencies, and institutions of higher education, including the Hawaii Farm Bureau Federation, to facilitate dissemination of information;
(11) Promote improvement of agriculture education programs; and
(12) Assist in the development of adult, continuing education, and college-level education programs in agriculture.
(c) The agriculture education program shall coordinate with culinary arts programs to teach students healthy eating habits and encourage culinary arts, farming, diversified agriculture, and related fields such as market development and science and technology, as career options. The department of labor and industrial relations shall coordinate implementation of the agriculture education program and culinary arts programs.
(d) The department of labor and industrial relations shall consult with the state workforce development council, the department of education, the University of Hawaii system, and the department of agriculture in the continuing implementation of the agricultural education program.
(e) The department of labor and industrial relations may adopt rules pursuant to chapter 91 to effectuate this section.
(f) For purposes of this section, "agriculture" or "agricultural" includes the fields of farming, diversified agriculture, landscaping, aquaculture, and related industries such as market development and science and technology."
SECTION 3. 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 board for purposes of the federal Workforce Investment Act of 1998, Public Law No. 105-220.
Except for the ex officio members or their
designees, the council members shall be appointed 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] thirty-three 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:
(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 boards, or their designees from the private business sector membership of their respective boards, as ex officio voting members;
(3) Twelve additional private sector representatives from business;
(4) One representative from a community-based native Hawaiian organization that operates workforce development programs;
(5) Two representatives from labor;
(6) Four members 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, as ex officio voting members;
(7) Two mayors or their designees, as ex officio
voting members; [and]
(8) The governor or the governor's designee[.];
(9) The director of the agriculture education program under section 202‑ , as an ex-officio voting member; and
(10) One representative from the University of Hawaii college of tropical agriculture and human resources.
The members shall serve without compensation but shall be entitled to travel expenses when actually engaged in business relating to the work of the council."
SECTION 4. 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, the agriculture education program established under section 202‑ , 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] Applied Technology 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] Applied Technology Education
Amendments of 1998, Public Law 105-332[.]; and
(14) Participate in the implementation of the agriculture education program under section 202‑ ."
SECTION 5. Section 302A-431.7, Hawaii Revised Statutes, is amended to read as follows:
"§302A-431.7 Agriculture education
program[.]; participation. [(a)] The department
shall [establish and administer a comprehensive] participate in the
implementation of the agriculture education program [aligned with the
natural resources career pathway.] under section 202‑ .
[The agriculture education program shall include adequate staffing of
individuals trained or experienced in the field of agriculture to coordinate
the program and to provide assistance to school complexes for the coordination
of the activities of related student organizations and associations.
(b) The agriculture education program shall
be administered by a director who shall:
(1) Assist in assessing the agricultural
needs of the State and devise methods of meeting those needs with the
agriculture education program;
(2) Assist school districts in establishing
agriculture education programs;
(3) Review school district applications for
approval of agriculture education programs;
(4) Evaluate existing programs and design
complementary programs;
(5) Plan research and studies for the
improvement of curriculum materials for specialty areas of agriculture,
including aquaculture and incumbent worker training;
(6) Ensure that the standards and criteria
developed under this section satisfy the mandates of federally-assisted career
and technical education;
(7) Develop in-service programs for
teachers and administrators of agriculture education programs;
(8) Review applications for agriculture
teacher certification;
(9) Assist in teacher recruitment and
placement in agriculture education programs;
(10) Serve as a liaison with the Future
Farmers of America, representatives of business, industry, appropriate public
agencies, and institutions of higher education, including the Hawaii Farm
Bureau Federation, to facilitate dissemination of information;
(11) Promote improvement of agriculture
education programs; and
(12) Assist in the development of adult,
continuing education, and college-level education programs in agriculture.
(c) The agriculture education program shall
coordinate with culinary arts programs to teach students healthy eating habits
and encourage culinary arts, farming, diversified agriculture, and related fields
such as market development and science and technology, as career options. The
department of agriculture shall assist the department with the implementation
of this program.
(d) The department may adopt rules pursuant
to chapter 91 to effectuate this section.
(e) For purposes of this section,
"agriculture" or "agricultural" includes the fields of
farming, diversified agriculture, landscaping, aquaculture, and related
industries such as market development and science and technology.]"
SECTION 6. Section 383-128, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) The moneys in the employment and training fund may be used for funding:
(1) The operation of the state employment service for which no federal funds have been allocated;
(2) Business-specific training programs to create a more diversified job base and to carry out the purposes of the new industry training program pursuant to section 394-8;
(3) Industry or employer-specific training programs where there are critical skill shortages in high growth occupational or industry areas;
(4) Training and retraining programs to assist workers who have become recently unemployed or likely to be unemployed;
(5) Programs to assist residents who do not otherwise
qualify for federal or state job training programs to overcome employment
barriers; [and]
(6) Training programs to provide job-specific skills
for individuals in need of assistance to improve career employment prospects[.];
and
(7) An agriculture education program."
2. By amending subsection (e) to read:
"(e) The department shall ensure the proper administration of the employment and training fund program by:
(1) Standardizing contractual language and requirements for all grantees and vendors;
(2) Expediting the program's macro grant application process by either eliminating the county advisory committees' review or by formalizing, defining, and including specific time frames related to these committees;
(3) Providing evidence that grant applications are treated in accordance with fund policies by documenting the reasons for acceptance and denial of each proposed grant;
(4) Improving the program's monitoring of funds disbursed by, at a minimum:
(A) Establishing and implementing an organized filing system;
(B) Requiring documentation of all contact made with grant applicants and recipients; and
(C) Ensuring that staff in all branch offices are familiar with the various reports and submittals required of the different fund recipients;
(5) Developing and disseminating the state participant evaluation form to the program's vendors;
(6) Developing and implementing strategies for evaluating the program's overall success that include but are not limited to:
(A) Assessing whether the program is improving the long-term employability of Hawaii's people;
(B) Measuring program outcomes related to work unit and company performance; and
(C) Collecting and comparing wage data from workers who have utilized the fund versus those who have not;
(7) Increasing awareness of the fund and its programs by strengthening publicity;
(8) Establishing consistent attendance-reporting requirements for both macro grant projects and micro vendors and comparing attendance rates for projects and vendors who charge additional fees to participants versus those who do not; and
(9) Reporting as encumbrances only those obligations for which the fund has entered into bona fide contracts."
SECTION 7. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of education to implement provisions of the Hawaii Revised Statutes which 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 director of labor and industrial relations pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of education or superintendent of education in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of labor and industrial relations or director of labor and industrial relations as appropriate.
SECTION 8. There is appropriated out of the employment and training special fund of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 to continue implementation of the agriculture education program under section 202‑ , Hawaii Revised Statutes; provided that any unexpended and unencumbered balance of the appropriation shall lapse at the end of fiscal year 2010-2011 into the general fund.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2009.
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INTRODUCED BY: |
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