Bill Text: HI HB2159 | 2022 | Regular Session | Amended

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Bill Title: Relating To Workforce Development Boards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-04-28 - Bill scheduled for Conference Committee Meeting on Friday, 04-29-22 5:00PM in conference room 224. [HB2159 Detail]

Download: Hawaii-2022-HB2159-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2159
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII		S.D. 2

A BILL FOR AN ACT

 

 

RELATING TO WORKFORCE DEVELOPMENT BOARDS.

 

 

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

 

PART I

     SECTION 1.  Chapter 202, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§202-    Conflict of interest.  (a)  The Hawaii 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), 3122(h)), and chapter 84.

     (b)  Separate from and in addition to any standards of conduct set forth in chapter 84, 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 a 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))."

PART II

     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 202-1, Hawaii Revised Statutes, is amended to read as follows:

     "§202-1  [Council;] Hawaii workforce development board; appointment; tenure.  [[](a)[]  The advisory commission on employment and human resources is hereby constituted as the workforce development council.]  There is established within the department of labor and industrial relations for administrative purposes only, the Hawaii workforce development board.  The [council] Hawaii workforce development board 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[.] (29 U.S.C. 3101 et. seq.).

     (b)  Except for the ex officio members or their designees, the [council] board 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.] board as provided in section 26-34.  The [council] board shall be constituted as provided by the federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-128 (29 U.S.C. 3111), of the following members:

     (1)  The directors of labor and industrial relations and of 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] local 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] Board 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)]] (d)  All [council] board members may continue to serve on the [council] 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."

     SECTION 4.  Section 202-3, Hawaii Revised Statutes, is amended to read as follows:

     "§202-3  Powers of [council.] board.  (a)  The [workforce development council] governor shall appoint [and fix the] an executive director of the board from a list of three nominees submitted by the board.  The governor shall set the compensation of [an] the executive director, who shall be exempt from [chapter] chapters 76[, and may employ any other personnel as it deems advisable within chapter 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 5.  Section 202-5, Hawaii Revised Statutes, is repealed.

     "[§202-5  Organizational relationships.  The workforce development council is placed within the department of labor and industrial relations for administrative purposes and shall act in an advisory capacity to the governor.]"

     SECTION 6.  Sections 202-2, 202-4, and 202-10, Hawaii Revised Statutes, are amended by substituting the word "board" wherever the word "council" appears, as the context requires.

     SECTION 7.  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 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 department of labor and industrial relations pursuant to chapter 91, Hawaii Revised Statutes.  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 board or the department of labor and industrial relations, as appropriate.

     SECTION 8.  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 Hawaii workforce development board, the executive director of the Hawaii workforce development board, or the department of labor and industrial relations, as appropriate.

PART III

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect upon its approval.

 

 

Report Title:

Hawaii Workforce Development Council; Hawaii Workforce Development Board; Conflict of Interest

 

Description:

Renames the Hawaii Workforce Development Council as the Hawaii Workforce Development Board.  Requires the Governor to appoint an Executive Director of the Board from a list of three nominees submitted by the Board.  Prohibits members of the Hawaii Workforce Development Board and local workforce development boards from engaging in any activity determined to constitute a conflict of interest.  (SD2)

 

 

 

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