Bill Text: HI HB1877 | 2014 | Regular Session | Introduced

Hawaii House Bill 1877 (Prior Session Legislation)

Introduced

Bill Title: Workforce Development Act; University of Hawaii; Appropriation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-21 - Referred to LAB, HED, FIN, referral sheet 3 [HB1877 Detail]

Download: Hawaii-2014-HB1877-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1877
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to labor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

SECTION 1. This Act shall be known and may be cited as the Workforce Development Act.

PART II

SECTION 2. The purpose of this part is to remove oversight of the manpower and development training program from the state department of labor and industrial relations and establish manpower and development training programs under the authority of the community college system of the University of Hawaii.

SECTION 3. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new subdivision to part IV, subpart A, to be appropriately designated and to read as follows:

" . manpower development and training

§304A-A Purpose. The purpose of this subdivision is to establish manpower development and training programs in the State of Hawaii and to determine the extent to which the employment needs of individuals can be met by either job training or a public service job or a combination of both.

§304A-B Establishment of programs. (a) There is established within the community college system, manpower development and training programs for the various industries in the State. The training programs shall assist those unemployed and underemployed persons who cannot reasonably be expected to obtain suitable full-time employment without the benefit of training. Instruction and training shall be provided by the department of education, the community college system, all campuses of the University of Hawaii, or other suitable agencies. Where a need is indicated to overcome barriers to possible training, the community college system, either on its own or in cooperation with the various departments and agencies of the state and county governments and private industry, may arrange for transportation, child care, health care, and other aids to employment. The community college system may also formulate and implement a program providing useful public service employment to unemployed persons other than public assistance recipients.

(b) The department of human services may formulate and implement a program providing useful public service employment to public assistance recipients. Refusal to accept suitable work as determined by the department of human services without justifiable reasons shall render an unemployed or underemployed recipient ineligible for public assistance.

§304A-C Contracts; public and private sectors. (a) The community college system may enter into contracts for manpower development and training with the department of education, all campuses of the University of Hawaii, or other public agencies.

(b) The community college system may enter into contracts with private industry for manpower training and job placement of unemployed persons within the private organizations. The private employer shall be responsible for compensating these persons the minimum wage and the State may assume the differences in wages, if any, by determining the prevailing wage of persons employed in similar positions in private industry during the contract period for the manpower training.

(c) The community college system shall formulate standards and adopt rules pursuant to chapter 91 to carry out the purposes of this section.

§304A-D Compensation. The State shall pay to each person who is enrolled in a manpower development and training program a weekly compensation equal to the average weekly benefit amount provided under chapter 383. The State may pay to each person who is employed on a public service employment project under section 304A-B the prevailing wage of persons employed in similar public employment.

§304A-E Administration. (a) The community college system may plan and administer manpower development and training programs under this subdivision with the advice of the workforce development council.

(b) The community college system shall employ persons in each of the four counties for purposes of coordinating the manpower development and training programs for the community college system within the particular county.

§304A-F Funds. The State shall provide funds to cover training costs such as instructors' salaries, equipment, and supplies. The State shall also provide funds to cover costs of each coordinator position established under section 304A-E.

§304A-G Type of training. Training is to be undertaken for those occupations for which there is reasonable expectation of employment upon completion of training with priority given to growth industries, including but not limited to electronics, software, instrumentation, biotechnology, renewable energy, telecommunications, computers, mariculture, aquaculture, tropical agriculture, and Hawaiian natural products.

§304A-H New industry training program. (a) There is established the new industry training program, which shall be administered by the community college system. Program moneys may be used:

(1) To tailor training or retraining programs to meet the needs of qualifying businesses;

(2) To reimburse instructors for valid and approved expenditures in delivering instruction under the program;

(3) To rent appropriate training facilities and equipment;

(4) To purchase or develop materials required to deliver the instruction; and

(5) For any other training-related expenses of the program.

(b) The community college system shall use the resources of the University of Hawaii, the high technology development corporation, and other educational and training resources in the public and private sectors throughout the State as may be appropriate to provide pre-employment, employment, or on-the-job training for local residents hired by businesses that are relocating to Hawaii or expanding their local operations. To provide the training, the community college system may contract with public agencies, including the various University of Hawaii campuses, private educational institutions, nonprofit corporations, or private entities.

§304A-I Eligibility requirements. (a) To be eligible for state-assisted training or retraining under section 304A-H, businesses shall:

(1) Be licensed to do business in Hawaii;

(2) Establish or expand operations in Hawaii; and

(3) Be engaged in research, development, manufacturing, production, or delivery of services in growth industries, including but not limited to electronics, software, instrumentation, biotechnology, renewable energy, telecommunications, computers, mariculture, aquaculture, tropical agriculture, Hawaiian natural products, and space applications, including astronomical research.

(b) The community college system may adopt rules pursuant to chapter 91 to promote economic expansion within the State by further identifying the businesses and industries that qualify for services and the job positions and persons that are eligible for training under this subdivision and may consult with the department of business, economic development, and tourism prior to issuing these rules."

SECTION 4. Chapter 394, Hawaii Revised Statutes, is repealed.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2014-2015 to hire coordinators for the community college system manpower development and training programs.

The sum appropriated shall be expended by the community college system of the University of Hawaii for the purposes of this part.

PART III

SECTION 6. This part:

(1) Appropriates funds to the community college system of the University of Hawaii for the administration of public employment offices within the jurisdiction of the county workforce investment boards, specifically to:

(A) Provide seed moneys to be used in consultation with the local workforce investment boards of each of the four counties, to develop and implement plans that benefit employment service programs operated by the counties; and

(B) Allow the four local workforce investment boards of each of the four counties to:

(i) Improve employer outreach and services;

(ii) Improve labor force pool expansion;

(iii) Improve capacity building; and

(iv) Support administration and service delivery of employment and information services in the one-stop operating system; and

(2) Provide funds for any infrastructure and support costs of county employment service programs.

SECTION 7. There is appropriated from the unemployment trust fund from moneys deposited pursuant to section 383-123(b) the sum of $15,000,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the administrative expenses of the employment service programs as administered by the county workforce investment boards.

Notwithstanding any other law to the contrary, and to the extent allowed under federal law, the sum appropriated shall be transferred by the department of labor and industrial relations to the community college system of the University of Hawaii for expenditure in accordance with the purposes of this part.

SECTION 8. No funds appropriated under section 7 to the community college system for use by the community college system may be released by the governor to the community college system until all funds appropriated by the legislature for the benefit of the counties under section 7 have been timely, fully, and completely released to the counties as intended by the legislature.

The allotment system powers granted to the governor and the executive branch by the legislature under part II of chapter 37, Hawaii Revised Statutes, shall not apply to the appropriation in section 7, as the appropriation of federal moneys does not affect the solvency of the general fund.

SECTION 9. The community college system shall report back to the legislature at least twenty days prior to the convening of the regular session of 2015 on the status of the timely release of funds appropriated for the benefit of the counties under this part. Where a delay in the release of the funds is reported to the legislature by the community college system, the community college system shall explain the delay to the legislature and shall submit to the legislature, as soon as practicable, a corrective action plan intended to ensure the timely release of the funds.

PART IV

SECTION 10. All rights, powers, functions, and duties of the department of labor and industrial relations regarding the manpower and development training program are transferred to the community college system of the University of Hawaii.

All employees who occupy civil service positions and whose functions are transferred to the community college system of the University of Hawaii 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 chancellors of the respective community colleges may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 11. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of labor and industrial relations relating to the functions transferred to the community college system of the University of Hawaii shall be transferred with the functions to which they relate.

SECTION 12. If any provision of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting provision of this Act shall be held inoperative solely to the extent of the conflict with respect to the agencies directly affected, and shall not affect the operation of the remainder of this Act in its application to the agencies concerned.

SECTION 13. In codifying the new subdivision added to part IV, subpart A of chapter 304A, Hawaii Revised Statutes, by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for letters used in designating the new sections in this Act.

SECTION 14. This Act shall take effect on July 1, 2014.

INTRODUCED BY:	_____________________________

Report Title:

Workforce Development Act; University of Hawaii; Appropriation

Description:

Transfers the Manpower Development and Training Program from DLIR to the University of Hawaii community college system. Appropriates funds to be expended by the community college system for the manpower and development training programs and administrative costs of county employment service programs within the jurisdiction of the county workforce investment boards.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.