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HomeMy WebLinkAboutORD 2015-065 2014-2016J+tV OF COUNTY OF HAWAII •' STATE OF HAWAII iE OF BILL NO. 57 ORDINANCE NO. 1-5 G5 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 39 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT PROGRAM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. On July 22, 2014, President Barack Obama signed the Workforce Innovation and Opportunity Act (WIOA) into law. This law supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act, the Wagner- Peyser Act, and the Rehabilitation Act of 1973. The WIOA takes effect on July 1, 2015, and the purpose of this ordinance is to amend Chapter 2, Article 39 of the Hawaii County Code to reflect the provisions of this new law. SECTION 2. Chapter 2, article 39, of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Article 39. Workforce [Dwestmenl] Innovation and Opportunity Act Program. Section 2-189. Established. There is established, within the County of Hawaii, a Workforce [111-vestmei#] Innovation and Opportunity Act program which shall be under the direction and supervision of the mayor. Section 2-190. Purpose. The purpose of this program is to [' , ns] help job seekers access employment, education, training, and support services to succeed in the labor market and to match emplovers with the skilled workers they need to compete in the global economy by implementing the Workforce [gni] Innovation and Opportunity'Act of [49W.] 2014. Section 2-191. Powers and duties. The County shall have, without limitation, all powers necessary and appropriate to carry out its duties and functions under the Workforce [investment Innovation and Opportunity Act of [4--9W.] 2014. Section 2-192. Workforce [investment] innovation and opportunity board. (a) A workforce [tet] innovation and opportunity board, subject to certification by the governor of the State, is established. Pursuant to the Workforce [ Innovation and Opportunity Act of [199&,] 2014, its: (1) Members shall be appointed by the mayor. (2) Membership shall include representatives of government agencies, education, labors and business and satisfy the Act's requirements. (3) Chairperson must be elected from among the business representatives. (b) The board shall have all powers, duties., and functions required to implement within the Island of Hawaii, in partnership with the mayor, the Workforce [gin] Innovation and Opportunity Act of [+99&12014. Section 2-193. Creation of fund. Pursuant to section 10-12, Hawaii County Charter, a special fund to be known as the Workforce [e ] Innovation and Opportunity Act program fund is established. Section 2-194. Funding. The Workforce [e ] Innovation and Opportunity Act program shall be funded by Federal grants[:] or County funds, or both. Section 2-195. Expenditures from fund. The proceeds from the fund shall be used for the necessary expenditures of administering and carrying out the Workforce [tet] Innovation and Opportunity Act of [ 1998.] 2014. Every expenditure shall comply with the requirements of that law. The administrator of the office of housing and community development is authorized to promulgate rules and regulations, if necessary, for the implementation of the Workforce [Investmen] Innovation and Opportunity Act program. Section 2-196. Impairment of Federal funds. If any part of the Charter, this Code., or this article is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the County, under the Workforce [iA] Innovation and Opportunity Act of [49W,] 2014, the conflicting part of the Charter, this Code., or this article is inoperative to the extent of the conflict and with respect to the agencies directly affected. This finding shall not affect the operation of the remainder of these laws in their application to the agencies concerned. 2 Section 2-197. Termination of fund. Upon either the termination of the Workforce [int] Innovation and Opportunity Act of [499&,] 2014, or the withdrawal of the County from participation in the program, the Workforce [gin] Innovation and Opportunity Act program fund shall be terminated. Prior to termination, any remaining proceeds in the fund shall be disposed of in accordance with federal requirements." SECTION 3. Material to be repealed is bracketed and stricken. Material to be added is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect on July 1, 2015. Kona , Hawai`i Date of Introduction: June 3, 2015 Date of 1 st Reading: June 3, 2015 Date of 2nd Reading: June 16, 2015 Effective Date: July 19 2015 REFERENCE Comm. 32 5 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII 3 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Karen Eoff Date Introduced: June 3, 2015 First Reading: June 3, 2015 Published: June 13, 2015 REMARKS: Second Reading: June 16, 2015 To Mayor: June 1$, 2015 Returned: June 23, 2015 Effective: July :11-1. 21015 Published: July 1, 2015 1.7�/i�//.7:�Cx "J1ya CO1.1WTY 0:LERK Cau,I-T ' CjF HAVI 11 21515 JUN 23 PH 3* 54 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David Eoff Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. (;Af7pprov)ed1isapproved this �� day ao f5 MAYOR, COUNTY OF HAWAI `I Bill No.: Reference: 57 C-325/Waived—FC Ord No.: is G5