School-to-Work Pilot Project

Transfers the staff of the school-to-work opportunities pilot
project from the Hawaii school-to-work opportunities executive
council to the DOE.  (HB522 HD3)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Act 343, Session Laws of Hawaii 1997, is amended
 2 by amending section 2 to read as follows:
 3      "SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 4 amended by adding a new part to be appropriately designated and
 5 to read as follows:
 6            "PART    .  [SCHOOL TO WORK] SCHOOL-TO-WORK
 8      302A-   Hawaii school-to-work opportunities executive
 9 council; establishment; composition.(a)  There is established a
10 Hawaii school-to-work opportunities executive council.  The
11 members of the council shall be appointed by the governor.  The
12 council shall consist of up to, but not more than, twenty-one
13 members.  Council membership shall [consist of] include six
14 executive heads of state agencies, the superintendent of the
15 department of education, the president of the University of
16 Hawaii, the state director of vocational education, and the
17 directors of the departments of business, economic development,
18 and tourism, human services, and labor and industrial
19 relations[,] serving as ex officio voting members.
20 Representatives from local or regional partnerships, a student

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 1 member, and a voting majority representing business, industry,
 2 labor, and community organizations which include regional
 3 representations from all counties shall be appointed pursuant to
 4 section 26-34.
 5      The length of service for the directors of departments of
 6 the State represented on the council shall be limited to the
 7 terms of their cabinet appointments.  The terms of all [non-state
 8 agency head] members who are not heads of state agencies shall be
 9 for three years, commencing on July 1 of the first year and
10 ending on June 30[,] of the third year.  Terms shall be staggered
11 with one-third of the members being appointed in each fiscal
12 year.
13      (b)  Vacancies shall be filled by the governor for the
14 unexpired term.  The governor shall appoint as chairperson of the
15 council a member other than a state agency head who shall be
16 recommended by the council.
17      (c)  The council members shall serve without pay but shall
18 be entitled to their traveling expenses within the State [when
19 attending meetings of the council or] when actually engaged in
20 business relating to the work of the council.
21      302A-   Powers of the council.  The powers of the Hawaii
22 school-to-work opportunities executive council shall include[,]
23 but not be limited to:

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                                     H.B. NO.           H.D. 3

 1      (1)  Establishing and setting the general directions and
 2           policy for the Hawaii school-to-work opportunities
 3           system[,] and its council[, and executive director];
 4     [(2)  Appointing, supervising, and if necessary, discharging
 5           the executive director, not subject to chapters 76 and
 6           77;
 7     (3)]  (2)  Establishing rules and procedures regarding its
 8           membership and operations;
 9    [(4)]  (3)  Approving expenditure plans and [award
10           grants/contracts;] awarding grants and contracts;
11    [(5)]  (4)  Ratifying the establishment of all necessary
12           standing and ad hoc committees; and
13    [(6)]  (5)  Engaging in such activities as may be necessary or
14           desirable to implement the functions of the School-to-
15           Work Opportunities Act of 1994[, and of] or the council
16           [or through delegation to the executive director].
17    302A-   Staff.  (a)  The department shall employ an
18 executive director for the school-to-work opportunities pilot
19 project, without regard to chapters 76 and 77, to carry out the
20 purposes of this part.
21    (b)  The [Hawaii school-to-work opportunities executive
22 council] department may [appoint] employ such other staff as may
23 be deemed necessary, [not subject] without regard to chapters 76

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                                     H.B. NO.           H.D. 3

 1 and 77, to carry out [its functions and duties.  The staff of the
 2 council shall report to the executive director.] the purposes of
 3 this part.
 4    302A-   Contracts.  The Hawaii school-to-work opportunities
 5 executive council [or its executive director] may make, execute,
 6 enter into, amend, supplement, and carry out contracts, and all
 7 other instruments the council finds are necessary or convenient
 8 for the fulfillment of its functions and duties.
 9    302A-   Organizational relationships.  The Hawaii school-
10 to-work opportunities executive council shall act as the
11 governing board for the school-to-work system.  The Hawaii
12 school-to-work opportunities council [and staff] shall be placed
13 within the department of education for administrative purposes."
14    SECTION 2.  All officers and employees whose functions are
15 transferred by this Act shall be transferred with their functions
16 and shall continue to perform their regular duties upon their
17 transfer, subject to the state personnel laws and this Act.
18    No officer or employee of the State having tenure shall suffer
19 any loss of salary, seniority, prior service credit, vacation,
20 sick leave, or other employee benefit or privilege as a
21 consequence of this Act, and such officer or employee may be
22 transferred or appointed to a civil service position without the
23 necessity of examination; provided that the officer or employee

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                                     H.B. NO.           H.D. 3

 1 possesses the minimum qualifications for the position to which
 2 transferred or appointed; and provided that subsequent changes in
 3 status may be made pursuant to applicable civil service and
 4 compensation laws.
 5    In the event that an office or position held by an officer or
 6 employee having tenure is abolished, the officer or employee
 7 shall not thereby be separated from public employment, but shall
 8 remain in the employment of the State with the same pay and
 9 classification and shall be transferred to some other office or
10 position for which the officer or employee is eligible under the
11 personnel laws of the State as determined by the head of the
12 department or the governor.
13    Any incumbent officer or employee of the State who does not
14 have tenure and who may be transferred or appointed to a civil
15 service position as a consequence of this Act, shall be granted
16 regular civil service status without loss of seniority, prior
17 service credit, vacation, sick leave, or other employee benefits,
18 and without the necessity of examination; provided they possess
19 the minimum qualifications for the class to which their positions
20 are assigned.  The pay rate of non-tenured employees affected by
21 this Act shall be determined in the same manner as the pay rate
22 of other civil service employees in comparable positions with the
23 same length of service.  Any officer or employee converted by

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                                     H.B. NO.           H.D. 3

 1 this Act shall have performed work satisfactorily in the position
 2 for a period of not less than six months prior to the effective
 3 date of this Act.
 4    All appropriations, records, equipment, machines, files,
 5 supplies, contracts, books, papers, documents, maps, and other
 6 personal property heretofore made, used, acquired, or held by the
 7 Hawaii school-to-work opportunities executive council relating to
 8 the functions transferred to the department of education shall be
 9 transferred with the functions to which they relate.
10    SECTION 3.  Statutory material to be repealed is bracketed.
11 New statutory material is underscored.
12    SECTION 4.  This Act shall take effect on July 1, 1999.