PRIOR PRINTER'S NOS. 2410, 3076, 3238 PRINTER'S NO. 3550
No. 1800 Session of 1997
INTRODUCED BY FLICK, PERZEL, CORNELL, DENT, DRUCE, FLEAGLE,
HABAY, HENNESSEY, SCHULER, WILT, BROWNE, DALLY, HERMAN,
HARHART, ROSS, McGILL, ALLEN, SEYFERT AND L. I. COHEN,
OCTOBER 9, 1997
AS REPORTED FROM COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, HOUSE
OF REPRESENTATIVES, AS AMENDED, MAY 5, 1998
AN ACT
1 Establishing a UNIFIED workforce development system; <--
2 restructuring certain administrative functions, procedures
3 and entities; transferring workforce development functions of
4 Commonwealth agencies; establishing the Pennsylvania Human
5 Resources Investment Council; and authorizing regional <--
6 workforce development areas BOARDS. <--
7 TABLE OF CONTENTS
8 Chapter 1. Preliminary Provisions
9 Section 101. Short title.
10 Section 102. Declaration of policy.
11 Section 103. Definitions.
12 Section 104. Applied operating principles.
13 Section 105. Conflicts of interest.
14 Chapter 3. Council
15 Section 301. Establishment.
16 Section 302. Membership.
17 Section 303. Powers and duties.
18 Chapter 5. Workforce Development Boards
1 Section 501. Establishment.
2 Section 502. Membership.
3 Section 503. Powers and duties.
4 Chapter 7. Regional Workforce Development Areas <--
5 Section 701. Designation of regional workforce development
6 areas.
7 Section 702. Phase-in of regional workforce development areas.
8 Section 703. Minimum requirements for regional workforce
9 development areas.
10 Section 704. Merger of workforce development boards.
11 Section 705. Combining or severing workforce development
12 boards.
13 Section 706. Regional Workforce Development Area Boards.
14 Chapter 9. Implementation
15 Section 901. Replacement of State Job
16 Training Coordinating Council.
17 Section 902. Schedule.
18 Chapter 11. Miscellaneous Provisions
19 Section 1101. Construction.
20 Section 1102. Regulation abrogated.
21 CHAPTER 7. IMPLEMENTATION <--
22 SECTION 701. REPLACEMENT OF STATE JOB TRAINING COORDINATING
23 COUNCIL.
24 SECTION 702. CONTINUATION OF EXISTING COUNCIL.
25 SECTION 703. SCHEDULE.
26 CHAPTER 9. MISCELLANEOUS PROVISIONS
27 SECTION 901. CONSTRUCTION.
28 SECTION 902. REGULATION ABROGATED.
29 SECTION 903. SEVERABILITY.
30 Section 1103 904. Effective date. <--
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1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 CHAPTER 1
4 PRELIMINARY PROVISIONS
5 Section 101. Short title.
6 This act shall be known and may be cited as the Workforce
7 Development Act.
8 Section 102. Declaration of policy.
9 The General Assembly finds and declares as follows:
10 (1) It is the intent of this act to address more
11 effectively the potential of citizens, employers and
12 communities in this Commonwealth by:
13 (i) recognizing that the skills and knowledge of the
14 Commonwealth's workforce are the keys to providing
15 enhanced opportunities for individuals and economic
16 competitive advantages for businesses and communities;
17 (ii) expanding and providing for more efficient and
18 coordinated administration of workforce development
19 activities;
20 (iii) effecting the maximum feasible return on
21 investment for the citizens of this Commonwealth; and
22 (iv) promoting the COORDINATION AND integration of <--
23 workforce development, economic development and education
24 policy.
25 (2) The express goals of the Pennsylvania Workforce
26 Development System are:
27 (i) Economic opportunity for all citizens and
28 businesses.
29 (ii) Economic self-sufficiency and individual
30 responsibility.
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1 (iii) An educated workforce with relevant skills for
2 personal growth and economic prosperity.
3 (3) These goals are to be attained through fostering a
4 dynamic world-class workforce in which citizens and
5 businesses in this Commonwealth possess the knowledge and
6 skills to succeed and excel in a highly competitive and
7 rapidly changing world.
8 (4) Achievement of a world-class workforce in this
9 Commonwealth is best accomplished through a UNIFIED workforce <--
10 development system that is dedicated to and operates in
11 adherence with the following basic philosophy and core
12 values:
13 (i) Economic competitiveness. <--
14 (ii) Excellence in education, training and workplace
15 (I) ECONOMIC COMPETITIVENESS BASED ON IMPROVEMENTS <--
16 IN PRODUCTIVITY, QUALITY AND SERVICE.
17 (II) EXCELLENCE AND INFORMED CHOICE IN EDUCATION,
18 TRAINING OPPORTUNITIES, WORKPLACE preparation AND CAREER <--
19 DECISION MAKING.
20 (iii) Strong work ethic. <--
21 (iv) Lifelong learning.
22 (v) Stewardship of public resources.
23 (III) A STRONG WORK ETHIC, MUTUAL RESPECT, A <--
24 COMMITMENT TO LIFELONG LEARNING, AND THE VALUING OF ALL
25 WORKERS AND THEIR WORK.
26 (IV) STEWARDSHIP OF PUBLIC RESOURCES; EMPHASIZING
27 PRIVATE SECTOR SOLUTIONS TO WORKFORCE DEVELOPMENT GOALS
28 SUPPLEMENTED BY LIMITED GOVERNMENT INVOLVEMENT WHEN
29 NECESSARY.
30 (vi) (V) The highest quality delivery of market- <--
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1 driven services which are readily identifiable and easily
2 accessible and which consider the abilities and work-
3 support needs of a diverse population.
4 (vii) Informed choice regarding education, training <--
5 opportunities and career decision making.
6 (viii) Private sector solutions to workforce
7 development goals supplemented by limited government
8 involvement, when necessary.
9 (ix) (VI) Cooperation and collaboration among all <--
10 who participate and are engaged in this endeavor IN ORDER <--
11 FOR INDIVIDUALS TO EARN FAMILY-SUSTAINING WAGES FOR
12 ECONOMIC SELF-SUFFICIENCY.
13 (x) Valuing all workers and all work. <--
14 (xi) Family sustaining wage for economic self-
15 sufficiency.
16 (xii) Mutual respect.
17 Section 103. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Agreement of mutual responsibility." A written plan which
22 assures that each of the parties responsible for achieving
23 mutually agreed upon workforce development goals understands the
24 responsibilities and obligations to be undertaken by the direct
25 recipient of public funds, the time frames within which each
26 obligation is to be completed, the consequences or corrective
27 action which may exist for failure to comply and the actions to
28 be undertaken to support the efforts of the applicant.
29 "Charter." An approval issued by the Pennsylvania Human
30 Resources Investment Council to a governing entity that <--
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1 satisfies the eligibility and performance criteria established
2 by the Commonwealth as well as outcome quality standards for
3 which the governing entity shall be held accountable. WORKFORCE <--
4 DEVELOPMENT BOARD THAT SATISFIES THE ELIGIBILITY REQUIREMENTS
5 ESTABLISHED BY THE COMMONWEALTH.
6 "Council." The Pennsylvania Human Resources Investment
7 Council established in section 301.
8 "Customer." Employers, job-seekers and job-holders who wish
9 to engage in workforce development activities that fall within
10 the purview of this act. The term does not include service
11 providers.
12 "Employment." Work that is employer-based or
13 entrepreneurial.
14 "Facilitated assistance." Person-to-person interaction to
15 assist customers:
16 (1) with using the information access system;
17 (2) with securing services such as customer assessment,
18 employment opportunity development, employment search and
19 referral, career exploration, postemployment services and
20 customer case management;
21 (3) by enhancing the ability of the customer to become
22 more self-directed in utilizing the workforce development
23 system; and
24 (4) by holding the customer accountable to an agreement
25 of mutual responsibility.
26 "Governing entity." The Pennsylvania Human Resources <--
27 Investment Council or a workforce development board.
28 "Information access." An information system which:
29 (1) makes use of a combination of technologies and means
30 of access;
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1 (2) is readily identifiable and easily accessible; and
2 (3) enables the sharing of workforce development
3 information across all parts of the workforce development
4 system and is available to all customers.
5 "Invest." To oversee and monitor funds appropriated by
6 Congress or the General Assembly THE FEDERAL GOVERNMENT OR STATE <--
7 GOVERNMENT AND DESIGNATED BY THE GOVERNOR for workforce
8 development purposes according to a strategy established by the
9 Pennsylvania Human Resources Investment Council to receive an
10 acceptable return. This includes evaluating business UNIFIED <--
11 WORKFORCE DEVELOPMENT plans submitted by workforce investment <--
12 DEVELOPMENT boards and other purposes or programs administered <--
13 by the council.
14 "Lifelong learning." Formal and informal learning and
15 training activities, as well as work experience, which develop
16 the knowledge and the learning skills of students and customers
17 to enhance learning, employability and the quality of life for
18 each individual in society.
19 "Local career development marketplace." A collaborative
20 network of service providers designed to deliver to workforce
21 development customers high-quality information access,
22 facilitated assistance, lifelong learning, and transitional or
23 work support services or activities, combined with economic
24 development services and activities, at a county or multicounty
25 level.
26 "Manage investment." Invest.
27 "Participating agencies." All of the following:
28 (1) The Department of Aging.
29 (2) The Department of Community and Economic
30 Development.
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1 (3) The Department of Education.
2 (4) The Department of Labor and Industry.
3 (5) The Department of Public Welfare.
4 (6) An agency designated by Executive Order.
5 (7) An ANY agency that oversees and monitors funds <--
6 appropriated by the Federal Government and OR State <--
7 government and designated by the Governor for workforce
8 development that falls under the authority of the
9 Pennsylvania Human Resources Investment Council.
10 "Return on investment." The economic or social impact of
11 public workforce development investments evaluated according to
12 cost benefit criteria determined by the Pennsylvania Human
13 Resources Investment Council to measure and maximize the
14 beneficial results in the advancement of the goals and purposes
15 of this act. The criteria include the components of cost, time
16 and opportunities. Opportunities may include social and economic
17 benefits of job preparation and placement which enable people to
18 obtain and retain employment, thereby eliminating dependency on
19 assistance and freeing funds for reinvestment in people and
20 developing capacity to improve a region's ability to attract and
21 retain business and industry. The replacement of private
22 investments in workforce development with public funds shall be
23 applied in the negative in evaluating return on investment.
24 "Service provider." Any individual, partnership or
25 corporation, whether for profit or nonprofit, including the
26 principals thereof, or secondary or postsecondary educational
27 institution, whose business, in whole or in part, is to provide
28 OR ANY PUBLIC AGENCY THAT PROVIDES workforce development <--
29 services and activities, based upon agreement or contract, for
30 monetary remuneration.
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1 "Subjects of transfer." Personnel, appropriations,
2 allocations, documents, records, equipment, materials, rights
3 and obligations, utilized or accruing in connection with
4 transferred functions.
5 "System." The aggregation of governing entities; <--
6 participating agencies; participating political subdivisions,
7 including agencies and instrumentalities; service providers; and
8 customers.
9 "Team Pennsylvania." The Governor's public-private
10 partnership formed to bring business, government and community
11 and economic development leaders together to promote this
12 Commonwealth, to assist with business retention efforts, to
13 ensure focused and effective economic development strategies and
14 to improve communication and collaboration among professionals
15 serving businesses in this Commonwealth.
16 "SYSTEM." THE UNIFIED SYSTEM FOR THE DELIVERY OF WORKFORCE <--
17 DEVELOPMENT PROGRAMS TO ASSURE A WELL-EDUCATED HIGHLY SKILLED
18 WORKFORCE FOR THE COMMONWEALTH.
19 "Transitional support." Wage loss or subsistence programs,
20 such as public assistance, unemployment compensation and
21 workers' compensation, which are designed to provide temporary
22 income during a defined interim period to enable a customer to
23 pursue employment opportunities and obtain and engage in
24 employment.
25 "Work support." Assistance which helps customers secure and
26 maintain employment, such as assistance in securing child care,
27 transportation, vocational rehabilitation goods or services or
28 case management.
29 "Workforce development." Information access, facilitated
30 assistance, lifelong learning activities, vocational education
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1 programs, school-to-work activities and programs, programs in
2 COMMUNITY COLLEGES, postsecondary education institutions <--
3 authorized to grant ASSOCIATE, baccalaureate and advanced <--
4 degrees and transitional support and work support services or
5 activities which enable customers to engage in or prepare for
6 employment opportunities.
7 "Workforce development board." A governing AN entity <--
8 chartered by the Pennsylvania Human Resources Investment Council
9 AND organized to further the goals and purpose of this act. <--
10 Section 104. Applied operating principles.
11 The following operating principles shall apply to the system:
12 (1) Adherence to the goals and purpose, and the basic <--
13 philosophy and core values of the system.
14 (2) (1) Continuous quality improvement to meet the needs <--
15 and exceed the expectations of the customer.
16 (3) (2) Engagement of customers in employment and <--
17 securing and retention of employment for employer EMPLOYERS <--
18 and job-seeking customers.
19 (4) (3) Responsibility and accountability to other <--
20 participants in the system based upon performance.
21 (5) (4) Enabling self-directed activities to the maximum <--
22 extent possible.
23 (6) (5) Equal opportunity on the basis of race, <--
24 religion, sex, national origin, age, handicap, economic
25 status or political affiliation or belief.
26 (7) (6) Allocation, investment and expenditure of public <--
27 resources based upon market demand, performance-accountable <--
28 and competitively bid PERFORMANCE-BASED contracting, and a <--
29 maximized return on the investment for the use of public
30 dollars.
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1 (8) (7) Optimized use of publicly funded transitional <--
2 and work supports.
3 (9) (8) Optimized use of lifelong learning, with a focus <--
4 on the application of knowledge and transferable skills for
5 lifelong learning.
6 (10) (9) Use of skills and knowledge developed in <--
7 elementary, secondary and postsecondary education, which will
8 maximize lifelong learning and employability.
9 (11) (10) When the services are funded with public <--
10 money, condition workforce development, financial assistance
11 for lifelong learning, transitional support or work support
12 upon an agreement of mutual responsibility entered into by
13 the direct recipient of public funds.
14 (12) (11) Fostering collaboration and cooperation within <--
15 the system.
16 (13) Continuously adapting the system, including <--
17 internal organizational structure, personnel classification
18 system and contracting and procurement practices, and the
19 system's processes to meet market and customer needs.
20 (14) (12) Responsibility and accountability within the <--
21 system, which seeks to distribute power and function to the
22 most local level possible, so that: <--
23 (i) any function performed by any governing entity
24 of the system which could reasonably be done by any more
25 local governing entity is performed by the more local
26 governing entity, whenever practicable; and
27 (ii) any power vested in any governing entity which
28 might reasonably be exercised by any more local governing
29 entity is vested in the more local governing entity,
30 whenever practicable. MOST LOCAL LEVEL POSSIBLE. <--
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1 (15) Each governing (13) EACH entity within the system <--
2 shall serve as a framework for dialogue, deliberation and
3 coordination among equals, so that each governing entity <--
4 serves as a forum for members and stakeholders to raise
5 common issues, debate them and reach resolution on them.
6 (16) Governing entities, participating State agencies, <--
7 (14) SERVICE PROVIDERS, PARTICIPATING AGENCIES, <--
8 participating political subdivisions or their agencies or
9 instrumentalities shall share information and nonconfidential
10 statistical data within the system which is necessary to get <--
11 ASSURE the best results for the customers. <--
12 (17) Information which is of a proprietary or sensitive <--
13 nature shall be confidential.
14 (15) THE POTENTIAL OF CITIZENS, EMPLOYERS AND <--
15 COMMUNITIES IN THIS COMMONWEALTH SHALL BE EFFECTIVELY
16 ADDRESSED BY AFFIRMING THE CONTINUED EXISTENCE AND
17 INDEPENDENCE OF ALL CURRENT FUNDING STREAMS AND PROGRAMS FOR
18 PERSONS WITH DISABILITIES WHILE ENSURING THAT EMPLOYMENT-
19 RELATED PROGRAMS FOR INDIVIDUALS WITH DISABILITIES OPERATE
20 EFFICIENTLY.
21 (18) (16) Other principles as may be determined to be <--
22 necessary for and applicable to the system or to a part of
23 the system by a governing entity which are adopted by <--
24 official action.
25 Section 105. Conflicts of interest.
26 (a) Voting.--A member of a governing entity THE HUMAN <--
27 RESOURCES INVESTMENT COUNCIL OR A MEMBER OF A WORKFORCE
28 DEVELOPMENT BOARD may not vote on any substantive or financial
29 decision that affects the member's organization directly or
30 indirectly through organizational partnerships.
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1 (b) Lobbying.--An individual who is registered as a lobbyist
2 under the act of September 30, 1961 (P.L.1778, No.712), known as
3 the Lobbying Registration and Regulation Act, may not serve as a
4 member of a governing entity THE HUMAN RESOURCES INVESTMENT <--
5 COUNCIL OR A MEMBER OF A WORKFORCE DEVELOPMENT BOARD.
6 (c) Policy.--The council shall adopt a conflict of interest
7 policy designed to preclude any material conflict of interest or
8 impropriety with respect to the duties and activities of members
9 of governing entities THE HUMAN RESOURCES INVESTMENT COUNCIL OR <--
10 MEMBERS OF WORKFORCE DEVELOPMENT BOARDS or their officers and
11 employees.
12 CHAPTER 3
13 COUNCIL
14 Section 301. Establishment.
15 The Pennsylvania Human Resources Investment Council is
16 established to implement a unified system for the delivery of
17 training and retraining services WORKFORCE DEVELOPMENT PROGRAMS <--
18 to assure a well educated, highly skilled workforce. The council
19 is vested with the authority to coordinate the Commonwealth's
20 existing Federal and State workforce development programs into
21 an integrated system, which directs Federal, State and local
22 resources to existing programs with track records of success and
23 new programs of recognized potential.
24 Section 302. Membership.
25 (a) Membership.--The council shall be composed of the <--
26 following members:
27 (1) Members as set forth in section 702 of the Job
28 Training Partnership Act (Public Law 97-300, 96 Stat. 1322).
29 (2) Private sector employer representatives from each
30 region of Team Pennsylvania who shall be appointed by and
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1 serve at the pleasure of the Governor.
2 (3) Private sector employer representatives from
3 regional workforce development boards who shall, in
4 accordance with section 706(c), be recommended to and
5 appointed by the Governor.
6 (4) Ex officio members:
7 (i) The Secretary of Aging.
8 (ii) The Secretary of Community and Economic
9 Development.
10 (iii) The Secretary of Education.
11 (iv) The Secretary of Labor and Industry.
12 (v) The Secretary of Public Welfare.
13 (vi) The Chairman of Team Pennsylvania.
14 (vii) The Director of the Governor's Policy Office.
15 (A) GENERAL RULE.--THE COUNCIL SHALL BE ESTABLISHED IN <--
16 ACCORDANCE WITH THE COMPOSITIONAL REQUIREMENTS FOR STATE HUMAN
17 RESOURCE INVESTMENT COUNCILS SET FORTH IN TITLE VII OF THE JOB
18 TRAINING PARTNERSHIP ACT (PUBLIC LAW 97-300, 96 STAT. 1322) OR A
19 FEDERALLY PERMISSIBLE ALTERNATIVE. IN ADDITION, THE FOLLOWING
20 PERSONS SHALL SERVE ON THE COUNCIL:
21 (1) THE SECRETARY OF AGING.
22 (2) THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT.
23 (3) THE SECRETARY OF EDUCATION.
24 (4) THE SECRETARY OF LABOR AND INDUSTRY.
25 (5) THE SECRETARY OF PUBLIC WELFARE.
26 (6) THE DIRECTOR OF THE GOVERNOR'S POLICY OFFICE.
27 (7) FOUR MEMBERS OF THE GENERAL ASSEMBLY. TWO MEMBERS
28 SHALL BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE
29 SENATE, ONE OF WHOM SHALL BE RECOMMENDED BY THE MINORITY
30 LEADER OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED BY THE
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1 SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE OF WHOM SHALL BE
2 RECOMMENDED BY THE MINORITY LEADER OF THE HOUSE OF
3 REPRESENTATIVES.
4 (8) PRIVATE SECTOR EMPLOYER REPRESENTATIVES FROM VARIOUS
5 REGIONS OF THE COMMONWEALTH WHO SHALL BE APPOINTED BY THE
6 GOVERNOR FOR A TERM OF AT LEAST TWO YEARS.
7 (b) Chair.--The Governor shall designate, to serve at the
8 Governor's pleasure, a member from the private sector to serve
9 as chair of the council. The chair shall be authorized to
10 designate another member to preside at meetings in the chair's
11 absence.
12 (c) Designees.--Each member may designate an individual to
13 represent the member at a specified meeting. A designee may not
14 vote, but may otherwise act, on behalf of the member. The
15 designation must be in writing and be delivered to the chair and
16 shall be in effect only for the meeting date specified.
17 (d) Staff.--The council may employ a limited staff to
18 implement the decisions of the council.
19 (e) Meetings.--The council shall meet quarterly and
20 additionally at such times and places as it shall determine.
21 Special meetings may be called by the chair or at the request of
22 a majority of the members.
23 (f) Executive committee.--An executive committee, that
24 includes representation from the private sector, may be
25 established and authorized under the council to oversee and
26 monitor the Commonwealth's strategic UNIFIED workforce <--
27 development plan SYSTEM. The organization framework may utilize <--
28 existing staff structure or develop its own staffing
29 arrangement.
30 (g) Subcommittees.--The chair shall have the authority to
19970H1800B3550 - 15 -
1 establish subcommittees, appoint members and delegate duties to
2 subcommittees as the chair deems necessary to fulfill the
3 council's responsibilities. A subcommittee shall be chaired by a
4 member of the council.
5 (h) Compensation.--Members shall receive no compensation,
6 but shall be entitled to receive an allowance for expenses
7 incurred in the performance of duties.
8 (i) Personnel, equipment, resources.--The policy and program
9 offices of the Department of Aging, the Department of Community
10 and Economic Development, the Department of Education, the
11 Department of Labor and Industry and the Department of Public
12 Welfare shall provide such personnel, equipment and resources as
13 are required for the functioning of the council.
14 Section 303. Powers and duties.
15 The council, in furtherance of sections 102 and 104, shall
16 have the following powers and duties:
17 (1) To develop, adopt and assure adherence to system
18 wide standards, applied operating principles, policies,
19 goals, financial resource investment priorities and
20 strategies for workforce development and workforce
21 development return on investment criteria to maintain
22 continuously a competitive advantage for this Commonwealth.
23 (2) To oversee and monitor MONITOR AND ASSURE <--
24 COLLABORATION OF the investment of all funds appropriated by <--
25 Congress and the General Assembly or designated for use
26 SPECIFICALLY APPROPRIATED BY THE FEDERAL GOVERNMENT OR STATE <--
27 GOVERNMENT AND DESIGNATED by the Governor for workforce
28 development, under any of the following:
29 (i) The Adult Education Act (Public Law 89-750, 20
30 U.S.C. § 1201 et seq.).
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1 (ii) The Carl D. Perkins Vocational and Applied
2 Technology Education Act (Public Law 88-210, 20 U.S.C. §
3 2301 et seq.).
4 (iii) The Community Services Block Grant Act (Public
5 Law 97-35, 95 Stat. 511).
6 (iv) The Food Stamp Act of 1977 (Public Law 88-525,
7 7 U.S.C. § 2011 et seq.).
8 (v) The Job Training Partnership Act (Public Law 97-
9 300, 29 U.S.C. § 1501 et seq.).
10 (vi) The National and Community Service Trust Act of
11 1993 (Public Law 103-82, 107 Stat. 785).
12 (vii) Title V of the Older Americans Act of 1965
13 (Public Law 89-73, 42 U.S.C. § 3056 et seq.).
14 (viii) The Personal Responsibility and Work
15 Opportunity Reconciliation Act of 1996 (Public Law 104-
16 193, 110 Stat. 2105).
17 (ix) The School-to-Work Opportunities Act of 1994
18 (Public Law 103-239, 108 Stat. 568).
19 (x) The Trade Act of 1974 (Public Law 93-618, 19
20 U.S.C. § 2101 et seq.).
21 (xi) The Vocational Rehabilitation Act (41 Stat.
22 735, 29 U.S.C. § 31 et seq.).
23 (xii) The Wagner-Peyser Act (48 Stat. 113, 29 U.S.C.
24 § 49 et seq.).
25 (xiii) The act of June 2, 1915 (P.L.736, No.338),
26 known as the Workers' Compensation Act.
27 (xiv) The act of December 5, 1936 (2nd Sp.Sess.,
28 1937 P.L.2897, No.1), known as the Unemployment
29 Compensation Law.
30 (xv) Article XIX-A of the act of March 10, 1949
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1 (P.L.30, No.14), known as the Public School Code of 1949.
2 (xvi) The act of December 20, 1985 (P.L.492,
3 No.116), known as the Customized Job Training Act.
4 (xvii) The act of October 22, 1986 (P.L.1452,
5 No.143), known as the Pennsylvania Adult Basic and
6 Literacy Education Act.
7 (xviii) Any other Federal or Commonwealth statute of
8 similar intent and purpose.
9 (3) To examine Federal and State statutes and
10 regulations in order to assess whether they present barriers
11 to achieving the provisions of this act, and to recommend to
12 the Governor, the General Assembly and the Federal Government
13 amendments to statutes and regulations and waivers for
14 regulations to eliminate barriers and to promote the
15 provisions of this act.
16 (4) To develop and disseminate appropriate and necessary
17 research and statistical information, to set the requisite
18 protocols and standards for common data reference, to engage
19 in or sponsor studies to identify workforce development
20 system needs and to gather and disseminate information.
21 (5) To establish and assure adherence to performance-
22 based quality assurance metrics and standards designed to
23 optimize system function, performance and effectiveness.
24 (6) To evaluate the business UNIFIED WORKFORCE <--
25 DEVELOPMENT plans and investment proposals submitted by
26 workforce investment DEVELOPMENT boards and to make <--
27 recommendations for the investment of public money in plans
28 or parts of plans which meet the objectives established by
29 the council.
30 (7) To implement mechanisms to secure appropriate input
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1 from service providers in the development of polices,
2 performance standards or investment strategies.
3 (8) To establish and maintain a universally accessible
4 information access system which enables the system to
5 function and to serve its customers effectively.
6 (9) To contract OR DEVELOP WRITTEN AGREEMENTS OR <--
7 MEMORANDA OF UNDERSTANDING with participating agencies for
8 the administration and management of workforce development
9 programs and activities under the responsibility of the
10 council.
11 (10) To provide technical assistance to workforce
12 investment DEVELOPMENT boards to assist them in maximizing <--
13 the return on investment of public money, such as <--
14 establishing competitive contracting mechanisms.
15 (11) To set the standards for local career development
16 marketplaces and service provider participation, to adopt an
17 official system logo designation and to develop a systemwide
18 marketing program.
19 (12) To charter the workforce development boards, by
20 giving consideration to:
21 (i) The proposed board's capability to effectively
22 deliver MONITOR AND ASSURE COLLABORATION OF workforce <--
23 development programs.
24 (ii) The proposed board's capacity to administer <--
25 MONITOR AND ASSURE COLLABORATION OF the job training <--
26 programs in accordance with the Job Training Partnership
27 Act (Public Law 97-300, 29 U.S.C. § 1501 et seq.).
28 (iii) The portion of the labor market or
29 geographical area to be served by the proposed board.
30 (13) To take corrective RECOMMEND NECESSARY action when <--
19970H1800B3550 - 19 -
1 a workforce development board fails to act, acts improperly
2 or fails to meet the conditions of the business ITS UNIFIED <--
3 WORKFORCE DEVELOPMENT plan in which Federal or State funds
4 have been invested.
5 (14) To assess the economic and workforce needs of this
6 Commonwealth and develop a strategic plan for the utilization <--
7 of available resources to meet these Statewide needs.
8 COMMONWEALTH AND TO DEVELOP A UNIFIED WORKFORCE DEVELOPMENT <--
9 SYSTEM THAT BUILDS ON AVAILABLE SERVICES AND RESOURCES TO
10 EFFECTIVELY MEET THESE STATEWIDE NEEDS.
11 (15) To establish cooperative and collaborative
12 relationships with other Statewide STATES' WORKFORCE <--
13 DEVELOPMENT system governing bodies.
14 (16) To assure the implementation of Federal and State
15 statutory mandates which fall within the purview of the
16 system.
17 (17) To establish additional applied operating <--
18 principles as required to assure that no participating agency
19 can make a decision regarding workforce development that
20 affects another participating agency unless each of the
21 affected participating agencies agree formally.
22 (18) To promulgate regulations which are reasonable,
23 necessary and suitable to carry out this act.
24 (19) To report annually to the Governor and to the
25 General Assembly.
26 (17) TO PROMULGATE REGULATIONS WHICH ARE REASONABLE, <--
27 NECESSARY AND SUITABLE TO CARRY OUT THIS ACT.
28 (18) TO SUBMIT A PLAN FOR THE UNIFIED WORKFORCE
29 DEVELOPMENT SYSTEM TO THE GOVERNOR EACH YEAR, WHO SHALL
30 SUBMIT THE PLAN AS PART OF THE GOVERNOR'S BUDGET TO THE
19970H1800B3550 - 20 -
1 GENERAL ASSEMBLY IN ACCORDANCE WITH ARTICLE VI OF THE ACT OF
2 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
3 CODE OF 1929.
4 CHAPTER 5
5 WORKFORCE DEVELOPMENT BOARDS
6 Section 501. Establishment.
7 (a) General rule.--
8 (1) Each county shall individually or jointly in
9 conjunction with a written agreement entered into with
10 another county or counties establish and participate in a
11 workforce development board in accordance with this act.
12 (2) No workforce development board shall operate unless
13 and until a written request is submitted by the county to the
14 council and a charter is awarded under section 303(12).
15 (b) Purpose.--The purpose of each workforce development
16 board shall be to promote effective workforce development
17 programs in a geographic area consistent with labor market or
18 standard metropolitan statistical areas and areas in which
19 related services are provided under Federal and State programs.
20 (c) Accountability.--Each workforce development board shall
21 be accountable for the proper administration of any workforce
22 development funds it receives.
23 Section 502. Membership.
24 (a) Composition.--Each workforce development board shall be
25 made up of at least a majority of private sector representatives
26 and shall include representatives from employers in the regions
27 with key industry clusters or economic sectors, both critical
28 and emerging, and an appropriate mix of small, medium and large
29 firms adequately representing, TO THE EXTENT POSSIBLE, urban, <--
30 suburban and rural interests. Each workforce development board
19970H1800B3550 - 21 -
1 may SHALL also include elected officials of political <--
2 subdivisions, individuals who have had experience with workforce
3 development, representatives from organized labor or other
4 employee organizations and individuals representing community
5 groups or organizations AND MAY ALSO INCLUDE ELECTED OFFICIALS <--
6 FROM FEDERAL, STATE AND LOCAL GOVERNMENT. The membership shall
7 select a chair from the private sector representatives. Each
8 workforce development board may hire limited staff for the
9 management of the Commonwealth's investment in the workforce
10 development board.
11 (b) Manner of appointment.--Each member of a workforce
12 development board shall be appointed by the county or counties
13 that participate in the board as follows:
14 (1) If only one county participates on the board, the
15 county commissioners shall appoint the members.
16 (2) If two or more counties participate on the board,
17 the county commissioners of each county shall appoint members
18 in accordance with a written agreement of the counties. In <--
19 the absence of such an agreement as to appointment of members
20 to the board, the counties shall submit a list of nominations
21 to the Governor, who shall appoint the members from the list
22 of nominations.
23 Section 503. Powers and duties.
24 (a) General rule.--A workforce development board shall, in
25 order to develop and implement a strategic UNIFIED WORKFORCE <--
26 DEVELOPMENT plan for the investment and utilization of private
27 and public resources to meet the current and future workforce
28 development needs of its region in furtherance of sections 102
29 and 104, have the following powers and duties:
30 (1) To organize and elect a chairman.
19970H1800B3550 - 22 -
1 (2) To assess the economic and workforce needs of the
2 area and to develop a strategic plan for the utilization of <--
3 all available resources to UNIFIED PLAN THAT BUILDS ON <--
4 AVAILABLE SERVICES AND RESOURCES TO EFFECTIVELY meet the
5 workforce and economic needs of the area.
6 (3) To prepare and submit a business plan to the council <--
7 for its consideration for investment. The business plan shall
8 (3) TO IMPLEMENT MECHANISMS TO SECURE APPROPRIATE INPUT <--
9 FROM PROVIDERS IN THE DEVELOPMENT OF POLICIES, PERFORMANCE
10 STANDARDS OR INVESTMENT STRATEGIES.
11 (4) TO ASSIST IN THE DEVELOPMENT OF, AND COLLABORATE
12 WITH, LOCAL CAREER DEVELOPMENT MARKETPLACES.
13 (5) TO DEVELOP, ADOPT AND ASSURE ADHERENCE TO
14 PERFORMANCE STANDARDS, QUALITY ASSURANCE METRICS AND
15 STANDARDS AND APPLIED OPERATING PRINCIPLES, WHICH ARE
16 CONSISTENT WITH SYSTEMWIDE CRITERIA.
17 (6) TO ESTABLISH COOPERATIVE AND COLLABORATIVE
18 RELATIONSHIPS WITH OTHER WORKFORCE DEVELOPMENT BOARDS AND
19 WITH WORKFORCE DEVELOPMENT SYSTEM GOVERNING BODIES OF OTHER
20 STATES.
21 (7) TO USE WORKFORCE DEVELOPMENT FUNDS TO PURCHASE FOR
22 CUSTOMERS, UNDER AN AGREEMENT OF MUTUAL RESPONSIBILITY, ANY
23 OF THE FOLLOWING SERVICES:
24 (I) FACILITATED ASSISTANCE.
25 (II) LIFELONG LEARNING.
26 (III) WORK SUPPORT SERVICES OR ACTIVITIES.
27 (8) TO INVEST WORKFORCE DEVELOPMENT FUNDS IN CUSTOMERS,
28 WHO ARE ELIGIBLE TO RECEIVE THE FUNDS UNDER APPLICABLE LAW OR
29 REGULATION, FOR THE PURCHASE OF FACILITATED ASSISTANCE,
30 LIFELONG LEARNING OR WORK SUPPORT SERVICES OR ACTIVITIES
19970H1800B3550 - 23 -
1 UNDER AN AGREEMENT OF MUTUAL RESPONSIBILITY.
2 (B) UNIFIED WORKFORCE DEVELOPMENT PLAN.--EACH WORKFORCE
3 DEVELOPMENT BOARD SHALL SUBMIT FOR APPROVAL A UNIFIED WORKFORCE
4 DEVELOPMENT PLAN ANNUALLY TO THE COUNTY COMMISSIONERS IN THE
5 COUNTY OR COUNTIES SERVED BY THE BOARD, AND AFTER THAT APPROVAL
6 IS OBTAINED THE BOARD SHALL SUBMIT THE PLAN TO THE HUMAN
7 RESOURCE INVESTMENT COUNCIL FOR ITS APPROVAL. THE UNIFIED
8 WORKFORCE DEVELOPMENT PLAN SHALL be developed through a process
9 that includes the opportunity for participation by current and
10 potential customers. The business plan AND SERVICE PROVIDERS AND <--
11 shall include the following:
12 (i) An explanation of how the investment of public
13 funds complements and is not a substitute for the
14 investment of private funds.
15 (ii) A description of how the plan supports and
16 seeks to accomplish the strategic objectives established <--
17 by the council and by the workforce development board.
18 (iii) A description of how the plan will further the
19 Commonwealth's work placement requirements for Federal
20 and State transition support programs.
21 (iv) An explanation of how the plan meets the
22 current and future workforce and economic needs of the
23 area, including the following:
24 (A) Employment and training priorities and
25 objectives based on an analysis of local labor market
26 needs and critical success factors.
27 (B) Needs of job seekers and employers.
28 (C) Potential for utilizing workplaces as
29 locations for education and training.
30 (D) Incentives or motivation to encourage job
19970H1800B3550 - 24 -
1 seekers and employees to obtain needed skills and
2 knowledge.
3 (E) Work-placement requirements for Federal and
4 State welfare programs.
5 (F) Furthering the regions economic development
6 strategy.
7 (v) An accounting of the return on investment and
8 other performance standards and criteria.
9 (vi) An accounting of the types of products or
10 services to be purchased and the competitive process used <--
11 to secure those products or services. This subparagraph
12 includes assessment, testing, education, training, job
13 development, job placement, transitional or work support
14 services, through the use of direct purchase, vouchers or <--
15 other competitive methods. SERVICES, ACQUIRED THROUGH THE <--
16 USE OF DIRECT PURCHASE, VOUCHERS, PERFORMANCE-BASED
17 CONTRACTING OR OTHER EFFECTIVE METHODS.
18 (vii) A description of eligible service providers
19 and the types of services to be provided.
20 (viii) Total amount of Federal, State and local
21 funds for which the board is responsible.
22 (ix) A description of the membership of the
23 workforce development board, including a listing of the
24 members and their representation, and a plan for the
25 reevaluation of the board's composition and realignment.
26 (4) To implement mechanisms to secure appropriate input <--
27 from providers in the development of policies, performance
28 standards or investment strategies.
29 (5) To assist in the development of, and collaborate
30 with, local career development marketplaces.
19970H1800B3550 - 25 -
1 (6) To develop, adopt and assure adherence to
2 performance standards, quality assurance metrics and
3 standards and applied operating principles, which are
4 consistent with system-wide criteria.
5 (7) To establish cooperative and collaborative
6 relationships with other workforce development boards and
7 with workforce development system governing bodies of other
8 states.
9 (8) To use workforce development funds to purchase for
10 customers, under an agreement of mutual responsibility, any
11 of the following services:
12 (i) Facilitated assistance.
13 (ii) Lifelong learning.
14 (iii) Work support services or activities.
15 (9) To invest workforce development funds in customers,
16 who are eligible to receive the funds under applicable law or
17 regulation, for the purchase of facilitated assistance,
18 lifelong learning or work support services or activities
19 under an agreement of mutual responsibility.
20 (10) To report annually to the council.
21 (b) Prohibition.--No workforce development board may provide
22 any services. All services shall be contracted for.
23 CHAPTER 7
24 REGIONAL WORKFORCE DEVELOPMENT AREAS
25 Section 701. Designation of regional workforce development
26 areas.
27 The council, after receiving recommendations and input from,
28 but not limited to, the following:
29 (1) workforce development boards;
30 (2) customers;
19970H1800B3550 - 26 -
1 (3) stakeholders;
2 (4) service providers; and
3 (5) other interested parties;
4 shall publish a proposed designation of regional workforce
5 development areas for the planning and delivery of workforce
6 development services. In addition, the council may review
7 proposals from existing workforce development boards for the
8 consolidation of functions, service delivery options, or both.
9 Section 702. Phase-in of regional workforce development areas.
10 Recommendations and input for regional workforce development
11 areas may be received by the council from the effective date of
12 this act. The council shall issue its final approval for
13 regional workforce development areas not later than 36 months
14 after the effective date of this act. The final approval shall
15 be published as a notice in the Pennsylvania Bulletin.
16 Section 703. Minimum requirements for regional workforce
17 development areas.
18 Each regional workforce development area shall meet the
19 following requirements:
20 (1) It shall be composed of two or more workforce
21 development board areas.
22 (2) It shall be consistent with either a local/regional
23 labor market area or a metropolitan statistical area.
24 (3) It shall be of sufficient size to have the
25 administrative resources necessary to provide for the
26 effective planning, management and delivery of workforce
27 development services.
28 Section 704. Merger of workforce development boards.
29 The council may provide monetary incentives, resources, or
30 both, for the creation of regional workforce development areas
19970H1800B3550 - 27 -
1 as the council deems necessary. Regional workforce development
2 areas shall be created to maximize economies of scale, alliance
3 agreements between existing workforce development boards and to
4 reduce duplication of administrative and service provider
5 functions. Incentives received by the merger of existing
6 workforce development boards shall be used to achieve the goals
7 and purposes set forth in this section.
8 Section 705. Combining or severing workforce development
9 boards.
10 The council may periodically combine or sever workforce
11 development boards as the council deems necessary, provided that
12 an opportunity for recommendations and input is given to the
13 following:
14 (1) Workforce development boards.
15 (2) Customers.
16 (3) Stakeholders.
17 (4) Service providers.
18 (5) Other interested parties.
19 Section 706. Regional workforce development area boards.
20 (a) Membership.--
21 (1) Each regional workforce development area board shall
22 be made up of at least a majority of private sector
23 representatives and shall include representatives from
24 employers in the region with key industry clusters or
25 economic sectors, both critical and emerging, and an
26 appropriate mix of small, medium and large firms adequately
27 representing urban, suburban and rural interests. Each
28 regional workforce development area board may also include
29 elected officials of political subdivisions, individuals who
30 have had experience with workforce development,
19970H1800B3550 - 28 -
1 representatives from organized labor or other employee
2 organizations and individuals representing community groups
3 or organizations. The membership shall select a chair from
4 the private sector representatives. Each regional workforce
5 development area board may hire limited staff for the
6 management of the Commonwealth's investment in the regional
7 workforce development area board.
8 (2) Each member of a regional workforce development area
9 board shall be appointed by the counties that participate in
10 the board. The county commissioners of each county shall
11 appoint members in accordance with a written agreement of the
12 counties. In the absence of such an agreement as to
13 appointment of members to the board, the counties shall
14 submit a list of nominations to the Governor, who shall
15 appoint the members from the list of nominations.
16 (b) Powers and duties.--A regional workforce development
17 area board shall have the same powers and duties as those set
18 forth in section 503(a).
19 (c) Selection for council.--Each regional workforce
20 development area board may recommend to the Governor a private
21 sector employer representative for appointment to the council
22 under section 302(a)(3).
23 CHAPTER 9
24 CHAPTER 7 <--
25 IMPLEMENTATION
26 Section 901 701. Replacement of State Job Training Coordinating <--
27 Council.
28 The Pennsylvania Human Resources Investment Council shall
29 replace the State Job Training Coordinating Council.
30 Section 902. Schedule. <--
19970H1800B3550 - 29 -
1 Except as Federal law, actions and approvals prohibit,
2 implementation of the provisions of this act shall begin
3 immediately and shall be completed according to the time line
4 set forth:
5 (1) Within two months after the effective date of this
6 act, the Governor shall appoint members to the council under
7 section 302(a).
8 (2) Within four months after the effective date of this
9 act, the council shall meet, organize and elect a chairman.
10 (3) The transfer of power and duties to the council
11 shall be completed within six months after the effective date
12 of this act.
13 (4) Commonwealth entities providing services which must
14 be put to competitive bid shall be prepared for competition
15 within four months after the effective date of this act.
16 (5) Within eight months after the effective date of this
17 act, the workforce investment boards authorized by Chapter 5
18 shall submit
19 SECTION 702. CONTINUATION OF PENNSYLVANIA HUMAN RESOURCES <--
20 INVESTMENT COUNCIL.
21 THE PENNSYLVANIA HUMAN RESOURCES INVESTMENT COUNCIL
22 ESTABLISHED BY THIS ACT SHALL BE DEEMED A CONTINUATION OF THE
23 PENNSYLVANIA HUMAN RESOURCES INVESTMENT COUNCIL, AS PART OF TEAM
24 PENNSYLVANIA, ESTABLISHED BY EXECUTIVE ORDER NO. 1997-7
25 (RELATING TO PENNSYLVANIA HUMAN RESOURCES INVESTMENT COUNCIL).
26 SECTION 703. SCHEDULE.
27 WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ACT, THE
28 COUNTIES SHALL SUBMIT IN ACCORDANCE WITH CHAPTER 5 the necessary
29 documentation for the purpose of being chartered by the council.
30 CHAPTER 11 9 <--
19970H1800B3550 - 30 -
1 MISCELLANEOUS PROVISIONS
2 Section 1101 901. Construction. <--
3 This act, being necessary for the welfare of the Commonwealth
4 and its citizens, shall be liberally construed to effect its
5 purposes.
6 Section 1102 902. Regulations abrogated. <--
7 As much of the appendix to 4 Pa. Code Ch. 9 Subch. B
8 (relating to organizational charts) as relates to the State Job
9 Training Coordinating Council is abrogated.
10 SECTION 903. SEVERABILITY. <--
11 THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF
12 THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS
13 HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS
14 OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
15 THE INVALID PROVISION OR APPLICATION.
16 Section 1103 904. Effective date. <--
17 This act shall take effect in 60 days.
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