Bill Text: HI SB560 | 2024 | Regular Session | Amended
Bill Title: Relating To Labor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-15 - Report adopted; Passed Second Reading, as amended (SD 2) and referred to WAM. [SB560 Detail]
Download: Hawaii-2024-SB560-Amended.html
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THE SENATE |
S.B. NO. |
560 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
Proposed |
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A BILL FOR AN ACT
RELATING TO LABOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Workforce Innovation and Opportunity Act, which superseded the Workforce Investment Act of 1998 and amended the Wagner-Peyser Act and the Rehabilitation Act of 1973, was passed by Congress to authorize state workforce development boards to drive the vision for a workforce system at the state and local levels and to lead in its implementation by engaging state and local partners, employers, and community members.
The legislature further finds that Congress intended that state workforce development boards, by being stewards of federal and non-federal funds, oversee a host of operational systems and processes to benefit job seekers and employers. In response, the legislature created the Hawaii workforce development council to carry out the vision and goals of the Workforce Innovation and Opportunity Act, by authorizing the governor to appoint the council members and for the council and its staff to be administratively attached to the department of labor and industrial relations.
The legislature now finds that the Hawaii workforce development council, rather than the director of labor and industrial relations, can better integrate and ensure the effectiveness of the various programs for workforce development and regional economic growth. To achieve the goals of the Workforce Innovation and Opportunity Act, the legislature finds that core employment and training programs currently under the workforce development division of the department of labor and industrial relations would be more effective if made a part of the workforce development council.
Accordingly, the purpose of this Act is to remove the workforce development division from the department of labor and industrial relations and to transfer it to the workforce development council, an entity that is administratively attached to the department of labor and industrial relations.
SECTION 2. Section 202-2, Hawaii Revised Statutes, is amended to read as follows:
"§202-2 Duties of council. (a) The workforce development council shall be responsible for:
(1) The statewide workforce development system;
(2) Administering employment and training programs;
(3) Registering and regulating private-sector, state, and county apprenticeship programs;
(4) Vocational rehabilitation programs;
(5) Assisting dislocated workers;
(6) Youth employment programs, as assigned by the director of labor and industrial relations; and
(7) Federal workforce programs, as assigned by the director of labor and industrial relations.
(b) 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) The development and continuous improvement of the workforce development system in the State;
(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. section 3141(b));
(5) 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) The development and review of statewide policies affecting the coordinated provision of services through the State's one-stop delivery system;
(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;
(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 the 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. sections 3163(b)(3), 3173(b)(3));
(10) The preparation of annual reports as described in P.L. 113-128 (29 U.S.C. section 3141(d));
(11) 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) The development of other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system;
(13) 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) 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) Evaluating the state workforce development plan in terms of how its purposes, goals, and objectives have been carried out throughout the State;
(16) Providing technical assistance to local workforce development boards and other similar organizations;
(17) Carrying 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 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) 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 3. Section 202-5, Hawaii Revised Statutes, is amended to read as follows:
"§202-5 Organizational relationships.
The workforce development council [is placed within] shall:
(1) Be administratively attached to the
department of labor and industrial relations [for administrative purposes
and shall act];
(2) Administer the programs assigned to it by law; and
(3) Act in an advisory capacity to the governor."
SECTION 4. Section 202-10, Hawaii Revised Statutes, is amended to read as follows:
"§202-10 Report on workforce
development programs. (a) The [department of labor and
industrial relations,] University of Hawaii, department of human services,
department of education, department of corrections and rehabilitation, and
department of business, economic development, and tourism shall annually report
to the governor, legislature, and the workforce development council on the
programs being offered, the number of individuals that have been placed in
employment through their respective workforce development programs, the type or
category of employment garnered, and the amount and nature of expenditures made
on workforce development programs. The departments and University of Hawaii
shall post their respective reports electronically on the Internet.
(b) The workforce development council shall annually report to the governor and legislature on the programs being offered, the number of individuals that have been placed in employment through its workforce development programs, the type or category of employment garnered, and the amount and nature of expenditures made on workforce development programs. The council shall share its reports electronically on the workforce development council's website."
SECTION 5. All rights, powers, functions, and duties of the workforce development division of the department of labor and industrial relations are transferred to the workforce development council.
All employees who occupy civil service positions and whose functions are transferred to the workforce development council by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The workforce development council may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the workforce development division of the department of labor and industrial relations relating to the functions transferred to the workforce development council shall be transferred with the functions to which they relate.
SECTION 7. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.
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, 2024.
Report Title:
DLIR; Workforce Development Council; Workforce Development Division
Description:
Transfers the Workforce Development Division from being directly part of the Department of Labor and Industrial Relations to the Workforce Development Council, an entity that is administratively attached to the Department of Labor and Industrial Relations. (SD1 Proposed)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
