Workforce council

Brings Hawaii into compliance with the federal Workforce
Investment Act of 1998, Public Law No. 105-220.  (SB1147 HD2)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
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 is the
 8 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

Page 2                                                     1147
                                     S.B. NO.           S.D. 2
                                                        H.D. 2

 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.  
 4      The council members shall be appointed for four-year
 5 staggered terms as provided for in section 26-34. The governor
 6 shall appoint the chairperson of the council.  The council shall
 7 be composed of [seventeen] twenty-nine members.  The members
 8 shall be selected on the basis of their interest in and knowledge
 9 of workforce development programs in the State and how they can
10 support economic development.  The council shall be composed of
11 the following representatives of which the majority shall be from
12 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]

Page 3                                                     1147
                                     S.B. NO.           S.D. 2
                                                        H.D. 2

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

Page 4                                                     1147
                                     S.B. NO.           S.D. 2
                                                        H.D. 2

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

Page 5                                                     1147
                                     S.B. NO.           S.D. 2
                                                        H.D. 2

 1      (5)  Define those areas of unmet workforce and economic
 2           development needs and describe how private and public
 3           agencies can coordinate their efforts and collaborate
 4           with each other to address those needs;
 5      (6)  Recommend to the governor and the legislature, state
 6           policies and funding priorities based on local
 7           community input that it believes should be adopted by
 8           the state government in meeting its workforce
 9           development responsibilities to:
10           (A)  Establish a workforce development system in the
11                State in which resources are pooled and programs
12                are coordinated and streamlined;
13           (B)  Encourage a program of useful research into the
14                State's workforce requirements, development, and
15                utilization; and
16           (C)  Support recommended workforce policies that
17                promote economic development, diversification, and
18                well-being of the people in this State;
19           provided that the duties and responsibilities of the
20           workforce development council shall not impinge on the
21           constitutional and statutory authority of the board of
22           regents and the board of education, and the statutory
23           authority of the state board for vocational education;

Page 6                                                     1147
                                     S.B. NO.           S.D. 2
                                                        H.D. 2

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

Page 7                                                     1147
                                     S.B. NO.           S.D. 2
                                                        H.D. 2

 1           (B)  The development and continuous improvement of the
 2                statewide and local workforce investment systems
 3                described in subtitle B of Public Law No. 105-220,
 4                and the one-stop delivery systems described in
 5                section 134(c) of Public Law No. 105-220,
 6                including:
 7                (i)  The development of linkages referred to in
 8                     Public Law No. 105-220, to assure
 9                     coordination and non-duplication among the
10                     programs and activities in section 121(b) of
11                     Public Law No. 105-220; and
12               (ii)  The review of plans prepared by local
13                     workforce investment boards for the use of
14                     federal workforce investment funds which is
15                     required under Public Law No. 105-220;
16           (C)  Commenting at least once annually on the measures
17                taken pursuant to section 122(c)(16) of the Carl
18                D. Perkins Vocational and Applied Technology
19                Education Amendments of 1998, Public Law No. 105-
20                332;
21           (D)  The designation of local areas as required in
22                section 116 of Public Law No. 105-220;

Page 8                                                     1147
                                     S.B. NO.           S.D. 2
                                                        H.D. 2

 1           (E)  The development of allocation formulas for the
 2                distribution of funds for adult employment and
 3                training activities and youth activities to local
 4                areas as permitted under sections 128(b)(3)(B)(i)
 5                and 133(b)(3)(B)(i) of Public Law No. 105-220;
 6           (F)  The development and continuous improvement of
 7                comprehensive state performance measures,
 8                including state-adjusted levels of performance, to
 9                assess the effectiveness of the workforce
10                investment activities in the State as required
11                under section 136(b)(1) of Public Law No. 105-220;
12           (G)  The preparation of the annual report to the United
13                States Secretary of Labor described in section
14                136(d)(1) of Public Law No. 105-220;
15           (H)  The development of the statewide employment
16                statistics system described in section 15(e) of
17                the Wagner-Peyser Act; and
18           (I)  The development of an application for an incentive
19                grant under section 503 of Public Law No. 105-220;
20           and
21     (13)  Act as the designated State entity to conduct
22           activities relating to occupational and employment

Page 9                                                     1147
                                     S.B. NO.           S.D. 2
                                                        H.D. 2

 1           information for vocational and technical education
 2           programs in compliance with section 118 the Carl D.
 3           Perkins Vocational and Applied Technology Education
 4           Amendments of 1998, Public Law No. 105-332."
 5      SECTION 5.  Statutory material to be repealed is bracketed.
 6 New statutory material is underscored.
 7      SECTION 6.  This Act shall take effect on July 1, 1999.