Bill Text: HI SB2286 | 2024 | Regular Session | Amended
Bill Title: Relating To Internships.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed) 2024-04-15 - Received notice of Senate conferees (Sen. Com. No. 678). [SB2286 Detail]
Download: Hawaii-2024-SB2286-Amended.html
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THE SENATE |
S.B. NO. |
2286 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INTERNSHIPS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that expanding state‑funded internships to include private-sector positions will benefit the State by promoting economic growth, fostering public-private collaborations, and supporting job creation. State-funded private-sector internships will also create additional opportunities for interns to gain practical work experience and prepare for their future careers.
The legislature recognizes that article VII, section 4, of the Hawaii State Constitution requires the legislature to appropriate moneys "for a public purpose". The courts have found that what constitutes a public purpose "is generally a question for the legislature to decide" and that the legislature should be given "wide discretion" in this matter (State ex. rel. Amemiya v. Anderson, 56 Haw. 566, 574 (1976)).
Accordingly, the legislature finds that permitting state‑funded private‑sector internships is in the best interests of the State, for a public purpose, and in support of the public's health, safety, and welfare.
Accordingly, the purpose of this part is to authorize, and appropriate moneys for, the department of labor and industrial relations to administer an internship program.
SECTION 2. Chapter 394, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§394-
On-the-job training work experience
program. (a)
The department of labor and industrial relations may enter into
contracts with employers or registered apprenticeship
program sponsors in the private sector to provide on-the-job training to
eligible interns. The department may
provide to the employers or sponsors up to $20.00 per hour in reimbursements
for wages only, but not for fringe benefits or other costs, for the
extraordinary costs of training and supervising an intern. The employers or sponsors shall not be
required to provide documentation of these extraordinary costs.
(b) Eligible employers or sponsors
shall demonstrate compliance with Hawaii compliance express, or any successor
program established to facilitate compliance with section 103D‑310(c).
(c) Contracts under this section shall be limited
to a period of twelve weeks, with an extension of up to twelve additional weeks
if approved by the director of labor and industrial relations; provided that
the term of training shall be sufficient to allow the participant to become
proficient in the occupation for which training is provided. In determining the appropriate length of the
contract, the director shall consider the:
(1) Occupation's skill requirements;
(2) Intern's existing academic and
occupational skill levels; and
(3) Intern's prior work experience.
(d) The employer or sponsor shall comply with
state and federal minimum wage rates and overtime requirements pursuant to
chapter 387 and the Fair Labor Standards Act of 1938, as amended.
(e) The department shall adopt systems, and rules
pursuant to chapter 91, as necessary to develop and implement the program,
including systems and rules allowing the department to:
(1) Ensure that participating interns
are eligible pursuant to subsection (f) and participating employers or sponsors
are eligible pursuant to subsection (g);
(2) Ensure that interns are referred by
the department to employers or sponsors and not directly by the employers or
sponsors;
(3) Reimburse employers or sponsors up
to $20.00 per hour only for wages paid for the extraordinary costs of providing
intern training and supervision;
(4) Develop a training plan for each
intern in cooperation with the intern and employer or sponsor;
(5) Monitor each intern's progress in
the program to ensure that training plan objectives are being met;
(6) Consult with interns and onsite
supervisors to address any problems affecting the training plan;
(7) Terminate an internship, if
necessary, due to problems at the worksite caused by either the intern or the
employer or sponsor; and
(8) Limit employer or sponsor
participation to not more than five interns at one time; tracked by the federal
employer identification number of the employer or sponsor.
(f) The department shall develop eligibility
criteria for interns, including requirements that the intern:
(1) Be sixteen years of age or older;
(2) Pass a criminal history record check
pursuant to section 846-2.7;
(3) Be currently enrolled in a public high
school or have earned a high school diploma or its equivalent;
and
(4) If a college student or recent
college graduate:
(A) Be currently enrolled in an
accredited college or university and anticipating the attainment of a degree
within one year, or have earned a college or university degree within one year
of applying for the internship; and
(B) Have a cumulative college grade
point average of 2.5 or higher.
(g) The department shall develop eligibility
criteria for employers or sponsors, including requirements that the employer or
sponsor:
(1) Provide onsite work experience that
complies with the intern's training plan and includes the daily supervision,
training, and guidance necessary to enable the interns to develop work habits
and job‑specific skills that are essential for employment;
(2) Pay not less than $20.00 per hour
for a maximum of forty hours per week;
(3) Provide each intern with a mentor to
give on-the-job guidance and to answer routine questions about the workplace;
(4) Provide interns with the same
working conditions as other employees in similar jobs;
(5) Ensure that interns do not displace
currently employed workers, reduce the hours of those currently employed,
infringe on the opportunities for promotion of regular employees, or replace the
work of employees who have experienced layoffs;
(6) Ensure that interns' on-the-job
training does not impair existing contracts for services or collective
bargaining agreements;
(7) Ensure that the worksite,
supervisor, and participants are available for monitoring by the department;
(8) Ensure that the worksite complies
with all occupational safety and health standards established under state and
federal law;
(9) Maintain time sheets and attendance
records for each intern, and prepare intern evaluations and any other reports
required by the department;
(10) Consult with and obtain assistance
from the department if an intern requires support services to effectively carry
out a work assignment;
(11) Notify the department on a timely basis
if an intern:
(A) Is injured at the worksite;
(B) Is absent without good cause;
(C) Performs poorly on job assignments;
(D) Refuses to participate in work or
work-related activities; or
(E) Is not making satisfactory progress
in the program or on the job; and
(12) Indemnify and hold harmless the
State of Hawaii and its officers, agents, and employees from and against any
and all claims arising out of or resulting from activities carried out or
projects undertaken with funds provided under this section and procure
sufficient insurance to provide this indemnification.
(i) Before the first day of each internship, the
department of labor and industrial relations shall provide the department of
human resources development with:
(1) The
following information:
(A) The
name of the intern;
(B) The
department to which the intern is assigned;
(C) The
assigned employee number of the intern;
(D) The
expected start and end dates of the internship; and
(E) Any
other relevant information that the department of human resources development
may require to process the intern; and
(2) Access
to the intern's Hawaii information portal account or the intern's account of the
Hawaii information portal's successor system.
(j) The department shall submit an annual report on the program to the legislature no later than twenty days prior to the convening of each regular session. At a minimum, each report shall include:
(1) Outcomes
and successes of the program;
(2) The
number of interns who enrolled in the program and exited the program during the
previous fiscal year; and
(3) Information
on the progress of the program."
SECTION 3. (a) In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 70, Session Laws of Hawaii 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent.
(b) The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this part is necessary to serve the public interest; and
(2) The appropriation made in this part meets the needs addressed by this part.
SECTION
4. There is appropriated out of the
general revenues of the State of Hawaii the sum of $ or
so much thereof as may be necessary for fiscal year 2024-2025 for the
department of labor and industrial relations to administer the internship program
under this part.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this part.
PART II
SECTION 5. Section 302A-430, Hawaii Revised Statutes, is amended to read as follows:
"§302A-430 Coverage for workers' compensation. [Whenever a student participating in a
school-approved work-based learning program sponsored by the department of
education or the University of Hawaii undertakes to perform work for a private
or public employer as part of the student's work-based learning program,
whether paid or unpaid, the] The State shall be deemed [to be]
the responsible employer for the purposes of workers' compensation coverage, [that
shall be the student's exclusive remedy to the same extent] as provided for
in chapter 386 [as against the State and the private employer participating
in the program.], when a student or recent graduate performs paid or
unpaid work for a private or public employer as part of a school-approved,
work-based learning program sponsored by the department of education or
university of Hawaii; provided that workers' compensation
coverage for a recent graduate shall lapse on the last
day of February of the graduating year for a fall semester graduate and July 31
of the graduating year for a spring semester graduate."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
Report Title:
DLIR; DHRD;
Private Sector; Internships; Workforce Development; Workers' Compensation
Coverage; General Fund Expenditure Ceiling Exceeded; Appropriation
Description:
Permits and appropriates moneys for
the Department of Labor and Industrial Relations to enter into contracts
with eligible employers or registered apprenticeship programs in the private
sector to provide on-the-job training to eligible interns. Declares that the general fund expenditure
ceiling is exceeded. Provides that the
State shall be the responsible employer for purposes of workers' compensation
coverage when a student or recent graduate performs paid or unpaid work for a
private or public employer as part of a school-approved, work‑based
learning program. Requires the
Department of Human Resources Development to collaborate with the Department of
Labor and Industrial Relations for certain portions of the program. Specifies that workers' compensation coverage
for a recent graduate shall lapse on the last day of February of the graduating
year for fall semester graduates and on 7/31 of the graduating year for spring
semester graduates. Declares that the
appropriation exceeds the state general fund expenditure ceiling for
2024-2025. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
