Regular Session 2019-2020 House Bill 1337 P.N. 1573

PRINTER'S NO. 1573

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1337

Session of

2019

INTRODUCED BY WALSH, DUNBAR, RYAN, MILLARD, STRUZZI AND JOHNSON-

HARRELL, APRIL 26, 2019

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 26, 2019

AN ACT

Amending the act of June 27, 1996 (P.L.403, No.58), entitled "An

act to enhance community and economic development in this

Commonwealth by restructuring certain administrative

functions and entities; changing the name of the Department

of Commerce to the Department of Community and Economic

Development; transferring functions of the Department of

Community Affairs into the Department of Community and

Economic Development and other agencies; providing for a

Deputy Secretary for Community Affairs and Development in the

Department of Community and Economic Development;

establishing the Center for Local Government Services and the

Local Government Advisory Committee; establishing the Small

Business Advocacy Council; conferring powers and duties on

the Legislative Reference Bureau; and making repeals," in

transfers of functions, transferring functions, duties and

entities to the Department of Community and Economic

Development; in restructuring of certain administrative

entities, providing for State Apprenticeship and Training

Council; in restructuring of certain memberships and

participation, providing for membership on the State

Apprenticeship and Training Council; and, in miscellaneous

provisions, further providing for recodification of

regulations, for implementation and for performance audit;

and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 27, 1996 (P.L.403, No.58), known

as the Community and Economic Development Enhancement Act, is

amended by adding sections to read:

Section 302.1. To Department of Community and Economic

Development.

(a) Transfers from Department of Labor and Industry.--The

following functions, duties and entities of the Department of

Labor and Industry shall be transferred to the department:

(1) The duties of the Commonwealth under sections 126,

127, 128 and 129 of the Workforce Innovation and Opportunity

Act (Public Law 113-128, 29 U.S.C. § 3161 et seq.).

(2) The duties of the Commonwealth under sections 131,

132, 133 and 134 of the Workforce Innovation and Opportunity

Act (29 U.S.C. § 3171 et seq.).

(3) The duties of the Commonwealth under sections 1, 2,

3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of the Wagner-Peyser

Act (48 Stat. 113, 29 U.S.C. §§ 49, 49a, 49b, 49c, 49d, 49e,

49f, 49g, 49h, 49i, 49j, 49k and 49l).

(4) The duties under Chapter 13 of the act of December

18, 2001 (P.L.949, No.114), known as the Workforce

Development Act.

(5) The duties under the act of July 14, 1961 (P.L.604,

No.304), known as The Apprenticeship and Training Act.

(6) The Apprenticeship and Training Office.

(7) The Center for Workforce Information and Analysis.

(8) The Comprehensive Workforce Development System.

(9) The New Choices/New Options program.

(10) The duties under section 2599.4 of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code of

1949.

(11) The duties of the Commonwealth under the Worker

Adjustment and Retraining Notification Act (Public Law 100-

379, 29 U.S.C. § 2101 et seq.).

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(12) The duties under sections 235, 235A, 236, 237 and

238 of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. §§

2295, 2295a, 2296 and 2297 ) .

(b) Transfers from Department of Human Services.--The

following functions, duties and entities of the Department of

Human Services shall be transferred to the department:

(1) Employment and training programs funded under Part A

of Title IV of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 (Public Law 104-193,

42 U.S.C. § 601 et seq. ).

(2) Employment and training programs under section 6(d)

of the Food and Nutrition Act of 2008 (Public Law 88-525, 7

U.S.C. § 2105(d)(4)).

(3) The program established under section 405.1B of the

act of June 13, 1967 (P.L.31, No.21), known as the Human

Services Code.

to the department under subsections (a) and (b) shall be

consolidated with similar functions of the department within the

department into division, section or other organizational entity

devoted to workforce development. The Governor shall appoint a

Deputy Secretary for Workforce Development. The deputy secretary

shall have the powers and perform the functions and duties

transferred to the department under subsections (a) and (b) and

other such functions and duties authorized by the Governor.

(d) Office of Vocational Rehabilitation.--For the purpose of

coordination of efforts between the department and the Office of

Vocational Rehabilitation, the department and the Department of

Labor and Industry shall enter into a memorandum of

understanding under which the services provided under Title I of

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the Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. §

701 et seq.), other than section 112 of the Rehabilitation Act

of 1973 (29 U.S.C. § 732) or part C of the Rehabilitation Act of

1973 (29 U.S.C. § 741) that relate to vocational rehabilitation

services are, to the maximum extent practicable, provided by the

department.

(e) Federal law requirements.--The department shall make any

notifications, applications or requests under Federal law which

are necessary to implement the transfers under subsection (a).

(f) Lead State agency.--For the purpose of implementing the

transfers under subsection (a), the department shall be

designated as the lead State agency under the Workforce

Innovation and Opportunity Act (Public Law 113-128, 128 Stat.

1425).

Section 903. State Apprenticeship and Training Council.

The State Apprenticeship and Training Council as provided for

in section 3 of the act of July 14, 1961 (P.L.604, No.304),

known as The Apprenticeship and Training Act, is hereby placed

and made a departmental board in the Department of Community and

Economic Development.

Section 1111. Membership on the State Apprenticeship and

Training Council.

In place of the membership of the Deputy Secretary of Labor

and Industry on the State Apprenticeship and Training Council

under section 3 of the act of July 14, 1961 (P.L.604, No.304),

known as The Apprenticeship and Training Act, the Deputy

Secretary for Workforce Development shall serve as an ex officio

member of the council but shall not be entitled to vote, except

that in the event of a tie vote, the Deputy Secretary for

Workforce Development shall have the right to cast the tie-

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breaking vote.

Section 2. Sections 2101, 2104 and 2105 of the act are

amended to read:

Section 2101. Recodification of regulations.

(a) Initial recodification.--The Legislative Reference

Bureau has the power and duty to recodify regulations to

effectuate the provisions of section 306.

(b) Additional recodification.--The Legislative Reference

Bureau has the power and duty to recodify regulations to

effectuate the provisions of section 302.1.

Section 2104. Implementation.

(a) Initial implementation.--Implementation of the

provisions of this act shall begin immediately and shall be

fully completed on or before July 1, 1996.

(b) Additional implementation.--Implementation of the

provisions of section 302.1 shall begin immediately and shall be

fully completed on or before July 1, 2019.

Section 2105. Performance audit and report.

(a) Performance audit.--The House of Representatives shall

direct the Legislative Budget and Finance Committee to conduct a

performance audit every two years on the Department of Community

and Economic Development. The final audit shall be concluded

four years from the effective date of this act. The audit shall

specifically include a comprehensive program evaluation of all

community development programs administered by the department in

conjunction with the provisions of this act. In addition, the

audit shall evaluate the delivery costs of the local government

service provided by the department.

(b) Report.--The department shall submit a report to the

General Assembly no later than September 30, 2019. The report

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shall include a description of the actions undertaken by the

department to implement section 302.1.

Section 3. Transfers shall be effectuated as follows:

The functions, personnel, allocations, appropriations,

equipment, supplies, records, contracts, grants, agreements,

rights and obligations of the Department of Labor and Industry

in relation to a program transferred under this act shall be

transferred to the Department of Community and Economic

Development. Upon completion, the transfers under this section

shall have the same effect as if the subjects of transfers had

originally been those of the Department of Community and

Economic Development.

Section 4. Section 3 of the act of July 14, 1961 (P.L.604,

No.304), known as The Apprenticeship and Training Act, is

repealed to the extent that it is inconsistent with this act.

Section 5. This act shall take effect in 180 days.

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