Report Title:

School-to-Work Transition Centers; Transfer from DOE to DLIR

Description:

Transfers the school-to-work transition centers from the department of education to the department of labor and industrial relations. (SD1)

THE SENATE

S.B. NO.

1697

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to transition TO WORK.

 

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

SECTION 1. In 1984, the transition to work program was established within the department of labor and industrial relations (DLIR). The program incorporated the department's Quick Kokua program and career resource centers which provided school-based counseling and other services to high school students to assist the students in transitioning from school to the workforce or higher education. In 1996, the program was transferred to the department of education (DOE) which housed the program's transition centers in public school facilities.

The legislature finds that under section 202-1, Hawaii Revised Statutes, the DLIR's workforce development council is charged with fulfilling "the functions of the state workforce investment board for purposes of the federal Workforce Investment Act of 1998, Public Law No. 105-220." Since the development of improved youth programs is a key component of the council's duty to prepare a comprehensive state plan for workforce development, the legislature further finds that DLIR, rather than DOE, is the appropriate agency to oversee and administer the State's school-to-work transition centers.

The purpose of this Act is to transfer the school-to-work transition centers from the department of education to the department of labor and industrial relations.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 21 to be appropriately designated and to read as follows:

"Chapter

TRANSITION to work

§   -1 Transition to work program; established. There is established within the department of labor and industrial relations for administrative purposes, the transition to work program.

§   -2 Definitions. For purposes of this chapter:

"Department" means the department of labor and industrial relations.

§   -3 Powers and duties. The transition to work program shall provide for the delivery of integrated services to assist high school students in successfully transitioning from school to work or to postsecondary training and education."

SECTION 3. Sections 302A-431.5 to 302A-431.6, Hawaii Revised Statutes, are repealed.

"[[§302A-431.5] School-to-work transition program; established. There is established within the department of education a school-to-work transition program.

[§302A-431.6] Powers and duties. The school-to-work transition program shall provide for the continued delivery of integrated services directed at assisting high school students toward successfully completing their transition from school to work, or to further their training and education.]"

SECTION 4. All rights, powers, functions, and duties of the department of education with respect to the school-to-work transition centers (EDN 100) are transferred to the department of labor and industrial relations.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation or sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 5. All moneys held by the department of education under EDN 100, and any appropriations made to the department of education under EDN 100 during the Regular Session of 2003, relating to the school to work transition centers shall be transferred to the department of labor and industrial relations.

SECTION 6. All records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of education relating to the school to work transition centers shall be transferred to the department of labor and industrial relations.

SECTION 7. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules under this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2058.