Workforce Council

Brings Hawaii into compliance with the Workforce Investment Act
of 1998. (HB1159 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to comply with the
 2 provisions of Public Law No. 105-220, the Workforce Investment
 3 Act of 1998, passed by Congress and signed by the President in
 4 August 1998.  Act 346, Session Laws of Hawaii 1997, consolidated
 5 employment and training advisory bodies into a workforce
 6 development council.  The council was established and constituted
 7 according to the membership provisions of Act 346.  It was and is
 8 the intent of the legislature that the council fulfill the
 9 obligations of any federally-mandated workforce council as well
10 as its duties and responsibilities.
11      SECTION 2.  Chapter 202, Hawaii Revised Statutes, is amended
12 by amending its title to read as follows:
13                           "CHAPTER 202
15                       DEVELOPMENT COUNCIL"
16      SECTION 3.  Section 202-1, Hawaii Revised Statutes, is
17 amended to read as follows:
18      "202-1  Council; appointment; tenure.  The advisory
19 commission on employment and human resources is hereby
20 constituted as the workforce development council.  The council

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                                     H.B. NO.           H.D.1

 1 shall also fulfill the functions of the state workforce
 2 investment board for purposes of the federal Workforce Investment
 3 Act of 1998, Public Law No. 105-220, and as it may be amended.
 4 The council members shall be appointed for four-year staggered
 5 terms as provided for in section 26-34. The governor shall
 6 appoint the chairperson of the council.  The council [shall] may
 7 be composed of [seventeen] up to twenty-nine members.  The
 8 members shall be selected on the basis of their interest in and
 9 knowledge of workforce development programs in the State and how
10 they can support economic development.  The council shall be
11 composed of the following representatives of which the majority
12 shall be from the private sector:
13      (1)  The directors of labor and industrial relations, human
14           services, and business, economic development, and
15           tourism; the superintendent of education; and the
16           president of the University of Hawaii[;], as ex officio
17           voting members;
18      (2)  [Ten] Fifteen private sector representatives from
19           business, [labor, and] including at least one member
20           from each of the four county workforce development
21           boards; and
22      (3)  [Two representatives from community-based organizations
23           including one] One representative from a community-
24           based native Hawaiian organization that operates
25           workforce development programs[.];

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                                     H.B. NO.           H.D.1

 1      (4)  Two representatives from labor;
 2      (5)  Four members of the legislature, two from each house,
 3           appointed by the appropriate presiding officer of each
 4           house; and
 5      (6)  Two mayors or their representatives.
 6      The members shall serve without compensation but shall be
 7 entitled to travel expenses when actually engaged in business
 8 relating to the work of the council."
 9      SECTION 4.  Section 202-2, Hawaii Revised Statutes, is
10 amended to read as follows:
11      "202-2  Duties of council.  The workforce development
12 council shall:
13      (1)  Prepare and update periodically a comprehensive state
14           plan for workforce development with measurable
15           outcomes;
16      (2)  Review and assess the coordination between the State's
17           workforce development programs, including programs of
18           the federal government operating in the State, and
19           economic development and diversification; and consider:
20           (A)  The State's employment and training requirements
21                and resources;

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                                     H.B. NO.           H.D.1

 1           (B)  Practices of employers and unions that impede or
 2                facilitate the mobility of workers; and
 3           (C)  The special problems of untrained and
 4                inexperienced youth, immigrants, persons with
 5                disabilities, welfare clients, single parents,
 6                disadvantaged minorities, and other groups facing
 7                barriers in the labor force;
 8      (3)  Serve as an information clearinghouse for all workforce
 9           development programs in the State, including workforce
10           training and education programs;
11      (4)  Analyze and interpret workforce information,
12           particularly changes which are likely to occur during
13           the next ten years; the specific industries,
14           occupations, and geographic areas which are most likely
15           to be involved; and the social and economic effects of
16           these developments on the State's economy, labor force,
17           communities, families, social structure, and human
18           values;
19      (5)  Define those areas of unmet workforce and economic
20           development needs and describe how private and public
21           agencies can coordinate their efforts and collaborate
22           with each other to address those needs;

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                                     H.B. NO.           H.D.1

 1      (6)  Recommend to the governor and the legislature, state
 2           policies and funding priorities based on local
 3           community input that it believes should be adopted by
 4           the state government in meeting its workforce
 5           development responsibilities to:
 6           (A)  Establish a workforce development system in the
 7                State in which resources are pooled and programs
 8                are coordinated and streamlined;
 9           (B)  Encourage a program of useful research into the
10                State's workforce requirements, development, and
11                utilization; and
12           (C)  Support recommended workforce policies that
13                promote economic development, diversification, and
14                well-being of the people in this State;
15           provided that the duties and responsibilities of the
16           workforce development council shall not impinge on the
17           constitutional and statutory authority of the board of
18           regents and the board of education, and the statutory
19           authority of the state board for vocational education;
20      (7)  Create public awareness and understanding of the
21           State's workforce development plans, policies,
22           programs, and activities, and promoting them as
23           economic investments;

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                                     H.B. NO.           H.D.1

 1      (8)  Submit reports of its activities and recommendations to
 2           the governor and the legislature at least once a year;
 3      (9)  Evaluate the state workforce development plan in terms
 4           of how its purposes, goals, and objectives have been
 5           carried out throughout the State;
 6     (10)  Provide technical assistance to local workforce
 7           development boards and other similar organizations;
 8           [and]
 9     (11)  Carry out required functions and duties related to
10           workforce development of any advisory body required or
11           made optional by federal legislation, including the Job
12           Training Partnership Act of 1982, as amended, and the
13           Wagner-Peyser Act of 1933, as amended[.];
14     (12)  In accordance with the federal Workforce Investment Act
15           of 1998, Public Law No. 105-220, assist the governor in
16           the following functions:
17           (A)  Development of the State's plan for the use of
18                federal workforce investment funds, which is
19                required under Public Law No. 105-220;
20           (B)  Development and continuous improvement of the
21                statewide and local workforce investment systems
22                described in subtitle B of Public Law No. 105-220
23                and the one-stop delivery systems described in

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                                     H.B. NO.           H.D.1

 1                section 134(c) of Public Law No. 105-220,
 2                including:
 3                (i)  Development of linkages referred to in Public
 4                     Law No. 105-220, in order to assure
 5                     coordination and non-duplication among the
 6                     programs and activities in section 121(b) of
 7                     Public Law No. 105-220; and
 8               (ii)  Review of plans prepared by local workforce
 9                     investment boards for the use of federal
10                     workforce investment funds which is required
11                     under Public Law No. 105-220;
12           (C)  Commenting at least once annually on the measures
13                taken pursuant to section 122(c)(16) of the Carl
14                D. Perkins Vocational and Technical Education Act
15                (Public Law No. 105-332);
16           (D)  Designation of local areas as required in section
17                1161 of Public Law No. 105-220;
18           (E)  Development of allocation formulas for the
19                distribution of funds for adult employment and
20                training activities and youth activities to local
21                areas as permitted under sections 128(b)(3)(B)(i)
22                and 133(b)(3)(B)(i) of Public Law No. 105-220;

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                                     H.B. NO.           H.D.1

 1           (F)  Development and continuous improvement of
 2                comprehensive state performance measures,
 3                including state adjusted levels of performance, to
 4                assess the effectiveness of the workforce
 5                investment activities in the State as required
 6                under section 136(b)(1) of Public Law No. 105-220;
 7           (G)  Preparation of the annual report to the United
 8                States Secretary of Labor described in section
 9                136(d)(1) of Public Law No. 105-220;
10           (H)  Development of the statewide employment statistics
11                system described in section 15(e) of the Wagner-
12                Peyser Act; and
13           (I)  Development of an application for an incentive
14                grant under section 503 of Public Law No. 105-220;
15           and
16     (13)  Act as the designated State entity to conduct
17           activities relating to occupational and employment
18           information for vocational and technical education
19           programs in compliance with Section 118 under Public
20           Law No. 105-332, the Carl D. Perkins Vocational and
21           Technical Education Act."
22      SECTION 5.  Statutory material to be repealed is bracketed.
23 New statutory material is underscored.
24      SECTION 6.  This Act shall take effect on July 1, 1999.