PRINTER'S NO. 893
No. 793 Session of 1985
INTRODUCED BY DALEY, FISCHER, MANDERINO, BOOK, COHEN, TELEK,
KASUNIC, COWELL, BELFANTI, SWEET, ITKIN, DeWEESE,
F. E. TAYLOR, DeLUCA, KUKOVICH, PISTELLA, CAWLEY, TRELLO,
DAWIDA, BELARDI, RYBAK, OLASZ, CORDISCO AND PETRARCA,
APRIL 9, 1985
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 9, 1985
AN ACT
1 Providing for the mitigation of the impacts of major
2 dislocations of employment, for assistance in reemployment of
3 dislocated workers and for an annual business survey; and
4 creating a task force on business retention and development
5 and giving it powers and duties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Business
10 Retention and Development Act.
11 Section 2. Declaration of policy.
12 The General Assembly finds and declares as follows:
13 (1) The economy of this Commonwealth is critical to the
14 well-being of the citizens of this Commonwealth and the
15 quality of life in the communities of this Commonwealth.
16 (2) A fundamental responsibility of State government is
17 to promote the expansion of private investment and the
18 creation of jobs.
1 (3) In economically distressed areas of this
2 Commonwealth, the loss of jobs in mature industries
3 frequently exceeds the creation of new jobs.
4 (4) Even when aggregate employment in this Commonwealth
5 is growing, plant closings and other major, permanent
6 dislocations of employment often cause severe economic and
7 social hardship to affected workers, families and
8 communities.
9 (5) The negative impacts of plant closings and other
10 major dislocations of employment can sometimes be prevented
11 or mitigated by the cooperative efforts of government,
12 business, labor and community leadership.
13 (6) Most businesses seek to demonstrate good corporate
14 citizenship when faced with a challenge to prevent or
15 mitigate the negative impacts of plant closings and other
16 major dislocations of employment.
17 (7) Prompt and concerted intervention can result in
18 reemployment of persons affected by plant closings and other
19 major dislocations of employment.
20 (8) A program to mitigate the impacts of major
21 industrial plant closings and to assist in averting the
22 unemployment of dislocated industrial plant workers is found
23 to be in the interest of the Commonwealth's government,
24 citizens, businesses and communities.
25 Section 3. Definitions.
26 The following words and phrases when used in this act shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Business survey." The annual business survey established
30 under section 4.
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1 "Department." The Department of Commerce of the
2 Commonwealth.
3 "Secretary." The Secretary of Commerce of the Commonwealth.
4 "Survey." The annual business survey established under
5 section 4.
6 "Task force." The Business Retention and Development Task
7 Force created under section 6.
8 Section 4. Survey.
9 (a) Establishment.--The department shall prepare an annual
10 business survey to ascertain the general and specific health of
11 businesses in this Commonwealth.
12 (b) Time.--
13 (1) The survey shall be disseminated to businesses
14 within this Commonwealth in the first three weeks of July.
15 (2) The businesses shall complete the surveys and return
16 them to the department by the last business day in September
17 of the same year.
18 (3) The department shall compile data from the surveys
19 and prepare a report on the surveys by June 30 of the year
20 after the surveys were disseminated, completed and returned.
21 (c) Presentation.--The report prepared under subsection
22 (b)(3) shall be presented to the Governor and the General
23 Assembly.
24 Section 5. Economic research capability.
25 (a) Creation.--The department shall establish, in
26 cooperation and consultation with the Milrite Council, a State
27 economic model.
28 (b) Function.--The State economic model shall create
29 research data for economic forecasting, formulation of policy
30 and analysis of policies and programs. The research data created
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1 by the State economic model and the survey shall be jointly
2 utilized to provide the ability to monitor changes in:
3 (1) Sector-by-sector economic activity.
4 (2) Employment levels.
5 (3) Products and market needs.
6 (4) Demographics.
7 (5) Standard Industrial Classifications in this
8 Commonwealth, as designated in the Standard Industrial
9 Classification Manual prepared by the Federal Office of
10 Management and Budget.
11 (6) Industrial targeting, including measures of market
12 access, consumer advantages and potential regrowth impacts.
13 Section 6. Task force.
14 (a) Creation.--The Business Retention and Development Task
15 Force is created within the department.
16 (b) Members.--The following are members of the task force:
17 (1) The secretary, who shall serve as chairperson.
18 (2) A designee of the Secretary of Community Affairs.
19 (3) A designee of the Secretary of Labor and Industry.
20 (4) The chairman and vice chairman of the Milrite
21 Council under section 5(e) of the act of July 1, 1978
22 (P.L.584, No.109), known as the Milrite Act, or their
23 designees.
24 (5) Two members, who represent colleges or universities
25 in this Commonwealth, appointed by the secretary.
26 (c) Purpose.--The task force has the following powers and
27 duties:
28 (1) Evaluate, utilizing the research data created under
29 section 3(b), changes in the economy of this Commonwealth as
30 they impact upon individual businesses.
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1 (2) Provide assistance in coordinating and delivering
2 services provided by the multiplicity of Commonwealth
3 economic programs.
4 (3) Issue a statement of policy establishing voluntary
5 standards of behavior for prenotification of industrial plant
6 closings and mass layoffs. The prenotification standards
7 shall be for the longest practical period of time to provide
8 employees with the ability to arrange an orderly transition
9 in their personal lives. The task force shall comply with
10 this paragraph within six months of the effective date of
11 this act.
12 (4) Advise the Governor periodically on issues and
13 policy matters pertaining to the well-being of industry in
14 this Commonwealth.
15 (5) Submit an annual report to the Governor, the Chief
16 Clerk of the Senate and the Chief Clerk of the House of
17 Representatives by September 30 of each year. The report
18 shall include:
19 (i) A description of the activities of the
20 industrial service program, including the number of
21 businesses assisted, the number of jobs maintained and
22 efforts to assist workers and communities affected by
23 plant closings or mass layoffs.
24 (ii) Recommendations to improve the performance of
25 the task force.
26 (iii) A description and evaluation of the
27 Commonwealth's industry and community assistance programs
28 relating to industrial plant operations and displacement
29 of workers.
30 (iv) Acceptance of and adherence to the statement of
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1 policy issued under paragraph (3).
2 (6) In order to execute this act:
3 (i) Enter into formal or informal agreements with
4 Federal, State or local agencies.
5 (ii) Enter into contracts.
6 (iii) Execute instruments.
7 (iv) Apply for and accept grants, donations,
8 bequests and devises.
9 (d) Staff.--The secretary shall designate a staff to assist
10 the task force with its responsibility in assisting the
11 department to:
12 (1) Monitor Commonwealth business in sectors where
13 economic decline is indicated.
14 (2) Provide counseling to businesses and communities on
15 the availability of Commonwealth assistance programs.
16 (3) Assist, upon request of a business or a community,
17 in alleviating the causes and effects of an impending plant
18 closing or mass layoff.
19 (e) Cooperation.--Commonwealth agencies shall provide
20 assistance and information to the task force upon request.
21 Section 7. Regulations.
22 The department is authorized to promulgate regulations to
23 implement this act. The regulations shall be consistent with the
24 declaration of policy in section 2.
25 Section 8. Penalties.
26 A person who violates section 4(b)(2) commits a summary
27 offense and shall, upon conviction, be sentenced to pay a fine
28 of $50. Each day of noncompliance constitutes a separate
29 offense.
30 Section 9. Effective date.
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1 This act shall take effect in 60 days.
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