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 "�2-1 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 "�2-2 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. 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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. 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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.