REPORT TITLE:
Workforce council


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1147
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAII WORKFORCE DEVELOPMENT COUNCIL. 



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

 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
 
14         [EMPLOYMENT AND HUMAN RESOURCES] HAWAII WORKFORCE
 
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.