Bill Text: HI HB1786 | 2022 | Regular Session | Introduced
Bill Title: Relating To Workforce Development Boards.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2022-02-08 - The committee(s) on LAT recommend(s) that the measure be deferred. [HB1786 Detail]
Download: Hawaii-2022-HB1786-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1786 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to workforce development BOARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 202, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§202- Board;
appointment; tenure. (a) The
board
shall fulfill the functions of the state workforce development board for purposes
of the federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-128.
(b) The
board shall be constituted as provided by P.L. 113-128 (29 U.S.C. 3111) of the
following members:
(1) The governor or
the governor's designee;
(2) 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;
(3) The following
members to be appointed by the governor:
(A) The
mayors of four counties or their designees, as ex officio, voting members;
(B) The
director of labor and industrial relations or the director's designee, as an ex
officio, voting member;
(C) The
superintendent of education or the superintendent's designee, as an ex officio,
voting member;
(D) The
administrator of the division of vocational rehabilitation, department of human
services, as an ex officio, voting member;
(E) Thirteen
representatives from the private sector, comprised of:
(i) One or more private sector chairpersons of the local
workforce development boards, or their designees from the private sector
membership of their respective boards, as ex officio, voting members; and
(ii) Representatives of nonprofit organizations and businesses
in the State, appointed from individuals nominated by state business
organizations and business trade associations; and
(F) Five
representatives of the workforce within the State, at least two of whom shall
be representatives of labor organizations who have been nominated by state
labor federations, and at least one of whom shall be a labor representative
from a joint labor-management apprenticeship program, or if none exists, of an apprenticeship
program in the State; provided that no more than a total of two workforce representatives
shall be from community-based organizations with demonstrated experience and expertise
in addressing employment, training, or education needs of individuals with barriers
to employment, or from organizations with demonstrated experience and expertise
in addressing employment, training, or education needs of eligible youth.
(c) Except for the ex officio members or their designees,
the board members appointed by the governor under subsection (b)(3) shall serve
for four-year staggered terms as provided for in section 26-34.
(d) The governor shall select the chairperson of the
board from among the members described in subparagraph (b)(3)(F).
(e) Board members shall serve without compensation
but shall be reimbursed for travel expenses necessary for the performance of
their duties.
(f) All board members may continue to serve on the
board 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.
§202-
Conflict of interest. (a)
The workforce development board 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)) and chapter 84.
(b) A member
of the workforce development board, 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 board:
(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 or the governor's designee to constitute a conflict of interest under P.L. 113-128 (29 U.S.C. 3111(f) and 3122(h)) or state law."
SECTION 2. Chapter 202, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"CHAPTER
202
HAWAII WORKFORCE
DEVELOPMENT [COUNCIL] BOARD"
SECTION 3. Section 202-3, Hawaii Revised Statutes, is amended to read as follows:
"§202-3 Powers of [council.]
board. (a) The [workforce development council] director
of labor and industrial relations shall appoint and fix the compensation of
an executive director, who shall be exempt from [chapter 76, and may employ
any other personnel as it deems advisable within chapter 76.] chapters 76
and 89.
(b)
The [council,] board, or on the authorization of the [council,]
board, 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] board may
deem advisable.
[(c) 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] board 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] board 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 4. 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] board by that [council.]
board.
Of the three members appointed from
the workforce development [council,] board, 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 5. Section 348-8, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) There is established within the department a state rehabilitation council. The council shall consist of twenty-one members appointed by the governor as provided in section 26-34 and without regard to section 78-4. The members shall include:
(1) At least one representative of a parent training and information center;
(2) At least one representative of the client assistance program;
(3) At least one qualified vocational rehabilitation counselor with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member if employed by the vocational rehabilitation division of the department;
(4) At least one representative of community rehabilitation program service providers;
(5) Four representatives of business, industry, and labor;
(6) Representatives of disability advocacy groups representing a cross section of individuals with physical, cognitive, sensory, and mental disabilities, and parents, family members, guardians, advocates, or authorized representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves;
(7) Current or former applicants for or recipients of vocational rehabilitation services;
(8) At least one representative of the state educational agency responsible for the public education of students with disabilities;
(9) At least one
representative of the state workforce development [council;] board;
and
(10) The administrator of the vocational rehabilitation division of the department, who shall be an ex officio, nonvoting member;
provided that the council shall include at least one member from each county; and provided further that a majority of the council members shall be persons who have disabilities and are not employed by the vocational rehabilitation division of the department. The council members shall elect a chairperson from the membership. Each member of the council shall serve a three-year term but may not serve more than two consecutive full terms. Any vacancy occurring in the council membership shall be filled in the same manner as the original appointment, except that the governor may delegate the authority to fill such a vacancy to the remaining members of the council after making the original appointment."
2. By amending subsection (c) to read:
"(c) The council, after consulting with the state
workforce development [council,] board, shall advise the
vocational rehabilitation division of the department on eligibility, order of
selection, extent, scope, and effectiveness of services provided, and
performance of state agencies that affect or that potentially affect the
ability of individuals with disabilities in achieving employment outcomes. The council shall develop, agree to, and
review state goals and priorities, advise the vocational rehabilitation
division of the department regarding authorized activities, and assist in the
preparation of the state plan and amendments to the plan, applications, reports,
needs assessment, and evaluations. The
council shall conduct a review and analysis of the effectiveness of, and
consumer satisfaction with, the performance by the vocational rehabilitation
division of the department, vocational rehabilitation services provided by
state agencies, and other public and private entities, and employment outcomes
achieved by eligible individuals receiving services, including the availability
of health and other employment benefits in connection with employment outcomes. The council shall prepare and submit an
annual report to the governor on the status of vocational rehabilitation programs
within the State and make the report available to the public."
3. By amending subsection (d) to read:
"(d) The council shall coordinate with other councils
within the State including the state council on developmental disabilities, [the]
state council on mental health, [the] advisory panel of individuals with
disabilities in education, and [the] state workforce development [council.]
board. The council shall establish
working relationships between the vocational rehabilitation division of the
department and other councils and coordinate other functions as deemed
appropriate under federal law."
SECTION 6. Section 202-1, Hawaii Revised Statutes, is repealed.
["§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 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.
(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 the chairperson of the council. The council shall be constituted as provided
by 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 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 7. Sections 201-16, 202-2, 202-4, 202-5, 202-10, 304A‑1143, 304A-3252, 373C-23, and 394-5, Hawaii Revised Statutes, are amended by substituting the word "board", or similar term, wherever the word "council", or similar term, appears, as the context requires.
SECTION 8. All rules, policies, procedures, guidelines, and other material adopted or developed by the workforce development council to implement provisions of the Hawaii Revised Statutes that are made applicable to the department of labor and industrial relations or workforce development board, as appropriate, by this Act shall remain in full force and effect until amended or repealed by the department of labor and industrial relations pursuant to chapter 91, Hawaii Revised Statutes, as appropriate. In the interim, every reference to the workforce development council in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of labor and industrial relations or workforce development board, as appropriate.
SECTION 9. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the workforce development council, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of labor and industrial relations by this Act shall remain in full force and effect. Upon the effective date of this Act, every reference to the workforce development council or the executive director of the workforce development council in those deeds, leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the department of labor and industrial relations, as appropriate.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Workforce Development Board; Local Workforce Development Boards; Composition; Conflict of Interest; DLIR
Description:
Renames the workforce development council the workforce development board. Requires the state workforce development board and local workforce development boards to develop conflict of interest policies. Amends the composition and powers of the board. Effective 7/1/2023.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
