PRINTER'S NO. 1946
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1224
Session of
2018
INTRODUCED BY LANGERHOLC, SCARNATI, McGARRIGLE, RESCHENTHALER,
GORDNER, BROWNE, BREWSTER, MENSCH, AUMENT, RAFFERTY, BAKER,
YAW, STEFANO AND BARTOLOTTA, AUGUST 9, 2018
REFERRED TO LABOR AND INDUSTRY, AUGUST 9, 2018
AN ACT
Establishing Recovery-to-work as a pilot program within the
Department of Labor and Industry; and providing for local
recovery-to-work pilot programs, for incentives to encourage
business participation and for powers and duties of the
Department of Labor and Industry.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Recovery-to-
work Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania Workforce Investment Board.
"Business partner." A business entity authorized to do
business in this Commonwealth that employs individuals in a
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high-priority occupation.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Educational institution." Includes:
(1) Postsecondary career and technical centers and
colleges of technology accredited by the Department of
Education.
(2) Community colleges as established pursuant to
Article XIX-A of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, or the act of August
24, 1963 (P.L.1132, No.484), known as the Community College
Act of 1963.
(3) Private licensed schools regulated under the act of
December 15, 1986 (P.L.1585, No.174), known as the Private
Licensed Schools Act.
"High-priority occupation." An occupation which is included
in the list issued by the department under section 1302(e) of
the Workforce Development Act.
"Individuals in recovery." Individuals diagnosed with and
recovering from a drug or alcohol substance use disorder.
"Local pilot program." A local recovery-to-work pilot
program under Chapter 3.
"Local workforce investment board." As defined in section
103 of the Workforce Development Act.
"Participating agencies." Include:
(1) The Department of Health of the Commonwealth.
(2) The Department of Community and Economic Development
of the Commonwealth.
(3) The Department of Drug and Alcohol Programs of the
Commonwealth.
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(4) The Department of Human Services of the
Commonwealth.
(5) The Department of Corrections of the Commonwealth.
(6) The Pennsylvania Board of Probation and Parole.
(7) The Pennsylvania Commission on Crime and
Delinquency.
"Program partners." Entities that participate in a local
recovery-to-work pilot program.
"Recovery-to-work." The program established in section
301(a).
"Soft skills." The workplace interpersonal and professional
skills that are necessary for an employee to adhere to generally
accepted workplace behaviors. The term includes work ethic,
promptness, integrity and respect for others.
"Workforce Development Act." The act of December 18, 2001
(P.L.949, No.114), known as the Workforce Development Act.
CHAPTER 3
RECOVERY-TO-WORK
Section 301. Program established.
(a) Establishment.--Recovery-to-work is established as a
pilot program within the department.
(b) Funding.--No less than $3,000,000 of the amount
deposited into the Reemployment Fund under section 1727-E(c) of
the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
Code, shall be used by the department for purposes of funding
Recovery-to-work.
(c) Administration.--Recovery-to-work shall be administered
by the department to empower local workforce investment boards,
business partners and participating agencies to collaboratively
develop innovative local recovery-to-work pilot programs to do
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all the following:
(1) Provide individuals in recovery with career
development opportunities and exposure to high-priority
occupations or in-demand occupations that have a connection
to a high-priority occupation.
(2) Provide individuals in recovery with interview and
soft skills development and training.
(3) Provide local workforce investment boards with the
funding necessary to support program partners and business
partners implementing innovative local pilot programs.
(4) Provide program partners with informational
resources to help them conduct successful local pilot
programs.
(5) Seek to identify other funding sources, including
Federal grants, which may support local pilot programs.
Section 302. Participation in Recovery-to-work.
(a) Eligibility.--A local workforce investment board which
includes a county rated in the highest 25% of drug-related
overdose deaths per 100,000 people as determined by the 2016
Joint Intelligence Report prepared by the Drug Enforcement
Agency, Philadelphia Division, and the University of Pittsburgh
is eligible to participate in Recovery-to-work.
(b) Guidelines.--The department, in consultation with
participating agencies, shall develop guidelines that specify
the requirements for participation in Recovery-to-work.
(c) Occupational focus.--Local recovery-to-work pilot
programs must be focused on providing individuals in recovery
with exposure to high-priority occupations which are either
designated as high-priority occupations Statewide or within the
region served by the local workforce investment board or in-
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demand occupations that have a connection to a high-priority
occupation.
Section 303. Application and approval process.
(a) Application.--An eligible local workforce investment
board under section 302(a) may submit an application to the
department requesting approval for participation in Recovery-to-
work.
(b) Application requirements.--A completed application must
describe the proposed local recovery-to-work pilot program in
the form and manner prescribed by the department. An application
must include all of the following:
(1) A list of program partners, including a declaration
of interest by at least two business partners. The program
partners may include educational institutions, nonprofit
business-support entities, job seeker support entities and
economic development agencies.
(2) A description of how the proposed local pilot
program will meet the guidelines under section 302(b).
(3) A projection of costs associated with the proposed
local pilot program, including an enumeration of any
opportunities to leverage other funding and programming
resources.
(4) A list of high-priority occupations or in-demand
occupations that have a connection to a high-priority
occupation which will be the focus of the proposed local
pilot program.
(5) Documentation of any interest by a business partner
that plans to receive the incentive under section 701.
(6) A start date for the proposed local pilot program.
(7) A list of clear objectives and measurable goals that
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the proposed local pilot program will seek to achieve.
(8) Documentation of an agreement among the program
partners describing the role of each program partner within
the proposed local pilot program and the expectations that
each program partner agrees to fulfill.
(c) Approval process.--
(1) The department, in consultation with participating
agencies and the board as needed, shall approve up to seven
local recovery-to-work pilot programs for participation in
Recovery-to-work in the first year after the effective date
of this act.
(2) Priority must be given to a proposed local pilot
program demonstrating one or more of the following
characteristics:
(i) Substantial program integration across
educational levels, including use of multiple components
identified in the department guidelines under section
302(b).
(ii) An ability to leverage other funding and
programming resources.
(iii) A commitment from one or more business
partners to provide preferred interviews to individuals
completing the local pilot program.
(d) Contractual relationship.--Within 30 days of the
completion of the approval process, the department shall enter
into a contract with each local workforce investment board
approved for participation in Recovery-to-work. The contract
shall require the signatories to provide the services described
in the approved application from funds appropriated or
distributed for this purpose or from funds identified by the
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participating agencies in accordance with section 301(c)(5).
(e) Termination and replacement.--The department, in
consultation with participating agencies and the board as
needed, may terminate a local recovery-to-work pilot program for
failure to comply with program requirements. Consistent with the
process in subsection (c), a replacement local pilot program may
be approved.
Section 304. Program operation.
(a) Cooperative management.--In collaboration with the
participating agencies and the board, the department shall:
(1) Manage the operation of Recovery-to-work.
(2) Establish an application process.
(3) Enumerate outcome-based metrics by which local
recovery-to-work pilot programs will be evaluated under
chapter 9.
(4) Institute guidelines and procedures as necessary to
implement Recovery-to-work. The guidelines must enumerate
allowed and disallowed expenses and provide that
administrative expenses over 5% shall be disallowed.
(b) Informational resources.--In collaboration with the
participating agencies and the board, the department shall
provide informational resources to help program partners conduct
successful local recovery-to-work pilot programs.
(c) Distribution.--The department, in consultation with
participating agencies and the board, as needed, shall determine
the distribution of available funds from money appropriated for
the purposes of this act.
CHAPTER 7
INCENTIVES
Section 701. Business partner incentives.
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(a) Eligibility.--Subject to the availability of funding
under subsection (b), if, at the end of a training period, a
business partner hires an individual for a job opening, the
business partner is eligible to receive an incentive payment in
the amount of $1,250 after the individual remains employed an
average of 35 hours per week for 12 consecutive weeks.
(b) Application.--A business partner may apply for an
incentive payment under subsection (a). The application form
shall be prescribed and furnished by the department and bear the
notarized signature of the applicant.
(c) Funding.--
(1) Incentive payments under subsection (a) shall be
paid from money appropriated for payment.
(2) Fifteen percent of the total amount of money
authorized for a fiscal year shall be reserved for business
partners with fewer than 100 employees. If the reserved
amount is not committed by April 30 of each year, the
reserved amount shall be available to business partners that
have at least 100 employees.
(d) Penalty.--A business partner that falsifies an
application for an incentive payment shall be required to refund
the department the total amount of the incentive payment
awarded.
CHAPTER 9
PERFORMANCE EVALUATION AND REPORTING
Section 901. Performance evaluation system.
The department shall develop and implement an evaluation and
performance improvement system which does the following:
(1) Collects critical information on an annual basis or
more frequently as determined by the department, including:
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(i) Skill training being received by individuals.
(ii) Challenges foreseen by business partners.
(iii) Local recovery-to-work pilot program best
practices.
(iv) Retention rate of individuals employed as a
result of a local pilot program.
(2) Defines the benefits of Recovery-to-work and its
effects on business partners and individuals in recovery.
Section 902. Annual report.
Within 60 days of the end of a fiscal year in which a local
recovery-to-work pilot program is in operation, the department,
participating agencies and the board shall jointly submit a
report regarding the implementation of Recovery-to-work and the
local pilot programs over the previous fiscal year to the
following:
(1) The Governor.
(2) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(3) The chairperson and minority chairperson of the
Education Committee of the Senate.
(4) The chairperson and minority chairperson of the
Labor and Industry Committee of the Senate.
(5) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(6) The chairperson and minority chairperson of the
Education Committee of the House of Representatives.
(7) The chairperson and minority chairperson of the
Labor and Industry Committee of the House of Representatives.
(8) The Auditor General.
Section 903. Final report.
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Within six months of the expiration of local recovery-to-work
pilot programs, the department, participating agencies and the
board shall jointly submit a report regarding the implementation
of Recovery-to-work and the local pilot programs to the
following:
(1) The Governor.
(2) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(3) The chairperson and minority chairperson of the
Education Committee of the Senate.
(4) The chairperson and minority chairperson of the
Labor and Industry Committee of the Senate.
(5) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(6) The chairperson and minority chairperson of the
Education Committee of the House of Representatives.
(7) The chairperson and minority chairperson of the
Labor and Industry Committee of the House of Representatives.
(8) The Auditor General.
Section 904. Report contents.
(a) General rule.--In addition to information or analysis
required by the department, in consultation with participating
agencies and the board, as needed, the interim and final reports
must include information about each local recovery-to-work pilot
program, including whether:
(1) The local pilot program achieved the clear
objectives and measurable goals proposed under section 303(b)
(7).
(2) An analysis of each local pilot program according to
the outcome-based metrics enumerated by the department under
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section 304(a)(3).
(3) The number of participating individuals in recovery.
(4) The amount expended.
(b) Best practices.--The reports must identify best
practices observed from among the most successful local
recovery-to-work pilot programs.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Effective date.
This act shall take effect immediately.
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