PRIOR PRINTER'S NO. 1864 PRINTER'S NO. 2836
No. 1331 Session of 1983
INTRODUCED BY PETRARCA, SALOOM, DUFFY, MRKONIC, OLASZ, SEVENTY,
J. L. WRIGHT, BURNS, CLYMER AND MANDERINO, JULY 5, 1983
AS REPORTED FROM COMMITTEE ON MINES AND ENERGY MANAGEMENT, AS
AMENDED, APRIL 30, 1984
AN ACT
1 Providing for a study by the Department of Environmental <--
2 Resources of the feasibility of establishing a Pennsylvania
3 ESTABLISHING THE PENNSYLVANIA Youth Conservation Corps. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Study by department. <--
7 The Department of Environmental Resources is hereby directed
8 to conduct a study of the costs, benefits and general
9 feasibility of a conservation camp program, to be known as the
10 Pennsylvania Youth Conservation Corps. The purpose of this
11 program would be to restore those areas of the Commonwealth and
12 its natural resources degraded by coal mining operations,
13 erosion and pollution, similar to the program of the former
14 Federal Civilian Conservation Corps.
15 Section 2. Report to General Assembly.
16 The department shall make its report to the Governor and to
17 the General Assembly within one year of the date of final
1 enactment.
2 Section 3. Effective date.
3 This act shall take effect immediately.
4 SECTION 1. SHORT TITLE. <--
5 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PENNSYLVANIA
6 CIVILIAN CONSERVATION CORPS ACT.
7 SECTION 2. LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE.
8 (A) FINDINGS.--THE GENERAL ASSEMBLY HEREBY DETERMINES THAT:
9 (1) THE COMMONWEALTH OF PENNSYLVANIA IS BLESSED WITH AN
10 ABUNDANCE OF NATURAL AND MAN-MADE RESOURCES IN THE FORM OF
11 FORESTS, WATERWAYS, WILDLIFE AND RECREATIONAL FACILITIES.
12 (2) THE CITIZENS HAVE A RIGHT TO THE AESTHETIC
13 APPRECIATION AND ENVIRONMENTAL BENEFITS OF THESE NATURAL
14 RESOURCES.
15 (3) THE CITIZENS, THROUGH THEIR ELECTED REPRESENTATIVES,
16 HAVE A CORRESPONDING OBLIGATION TO PRESERVE AND MANAGE THESE
17 NATURAL RESOURCES FOR THE PRESENT AND FUTURE HEALTH AND
18 WELFARE OF, AND ENJOYMENT BY, ALL PENNSYLVANIANS.
19 (4) MANY AREAS OF THE COMMONWEALTH ARE IN NEED OF
20 REHABILITATION, INCLUDING, BUT NOT LIMITED TO, MINE LAND
21 RECLAMATION, EROSION AND FLOOD CONTROL, WATER POLLUTION
22 ABATEMENT, STREAM IMPROVEMENTS, TRAIL DEVELOPMENT, FOREST AND
23 WILDLIFE MANAGEMENT, AND DEVELOPMENT AND IMPROVEMENT OF
24 RECREATIONAL FACILITIES.
25 (5) PENNSYLVANIA YOUTH ARE CURRENTLY EXPERIENCING HIGH
26 LEVELS OF UNEMPLOYMENT, PARTICULARLY THOSE YOUNG PERSONS
27 LACKING THE SKILLED TRAINING NECESSARY TO COMPETE IN THE JOB
28 MARKET.
29 (B) PURPOSE.--THE PURPOSE OF THIS ACT IS TO ESTABLISH A
30 PENNSYLVANIA CIVILIAN CONSERVATION CORPS TO EMPLOY PENNSYLVANIA
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1 YOUTH TO AID IN THE MANAGEMENT OF THE COMMONWEALTH'S NATURAL
2 RESOURCES IN ACCORDANCE WITH THESE LEGISLATIVE FINDINGS.
3 SECTION 3. DEFINITIONS.
4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
5 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
6 CONTEXT CLEARLY INDICATES OTHERWISE:
7 "BOARD." THE PENNSYLVANIA CIVILIAN CONSERVATION BOARD.
8 "CORPS." THE PENNSYLVANIA CIVILIAN CONSERVATION CORPS.
9 "CORPSMEMBER." A PENNSYLVANIA CITIZEN AND RESIDENT BETWEEN
10 THE AGE OF 18 AND 25 WHO WAS UNEMPLOYED AT THE TIME OF
11 APPLICATION TO THE CORPS. CORPSMEMBERS SHALL BE EMPLOYED FOR A
12 MAXIMUM PERIOD OF ONE YEAR AND ARE NOT ELIGIBLE FOR REENLISTMENT
13 IN THE CORPS.
14 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL RESOURCES.
15 "DIRECTOR." THE DIRECTOR OF THE PENNSYLVANIA CIVILIAN
16 CONSERVATION CORPS.
17 SECTION 4. PENNSYLVANIA CIVILIAN CONSERVATION CORPS.
18 THERE IS HEREBY CREATED WITHIN THE DEPARTMENT A PENNSYLVANIA
19 CIVILIAN CONSERVATION CORPS FOR THE PURPOSES SET FORTH IN
20 SECTION 2. THE CORPS SHALL CONSIST OF CORPSMEMBERS, SUPERVISORY
21 PERSONNEL AND A DIRECTOR AND SHALL BE GOVERNED BY THE
22 PENNSYLVANIA CIVILIAN CONSERVATION BOARD AS SET FORTH IN
23 SECTIONS 5 AND 6.
24 SECTION 5. PENNSYLVANIA CIVILIAN CONSERVATION BOARD.
25 (A) MEMBERSHIP.--THE BOARD SHALL CONSIST OF:
26 (1) THE SECRETARY OF ENVIRONMENTAL RESOURCES, WHO SHALL
27 ACT AS CHAIRMAN OF THE BOARD.
28 (2) THE SECRETARY OF COMMUNITY AFFAIRS.
29 (3) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA FISH
30 COMMISSION.
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1 (4) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA GAME
2 COMMISSION.
3 (5) THE SECRETARY OF LABOR AND INDUSTRY.
4 (6) FOUR MEMBERS OF THE GENERAL ASSEMBLY, TWO MEMBERS OF
5 THE HOUSE OF REPRESENTATIVES, ONE FROM THE MAJORITY PARTY AND
6 ONE FROM THE MINORITY PARTY, TO BE APPOINTED BY THE SPEAKER
7 OF THE HOUSE TO SERVE AT HIS PLEASURE, AND TWO MEMBERS OF THE
8 SENATE, ONE FROM THE MAJORITY PARTY AND ONE FROM THE MINORITY
9 PARTY, TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE TO SERVE
10 AT HIS PLEASURE.
11 (7) FOUR MEMBERS APPOINTED BY THE GOVERNOR.
12 (B) TERMS.--THE MEMBERS INITIALLY APPOINTED SHALL SERVE FOR
13 TERMS OF TWO, THREE AND FOUR YEARS, RESPECTIVELY, WITH THE
14 PARTICULAR TERM OF EACH MEMBER TO BE DESIGNATED BY THE GOVERNOR
15 AT THE TIME OF APPOINTMENT. THE TERMS OF ALL OF THEIR SUCCESSORS
16 SHALL BE FOUR YEARS EACH, EXCEPT THAT ANY PERSON APPOINTED TO
17 FILL A VACANCY SHALL SERVE ONLY FOR THE UNEXPIRED TERM. EVERY
18 MEMBER'S TERM SHALL EXTEND UNTIL HIS SUCCESSOR IS APPOINTED AND
19 QUALIFIED.
20 SECTION 6. POWERS AND DUTIES OF THE BOARD.
21 THE BOARD SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO:
22 (1) DIVIDE THE STATE INTO CONSERVATION DISTRICTS.
23 (2) ESTABLISH A CIVILIAN CONSERVATION CENTER IN EACH
24 CONSERVATION DISTRICT.
25 (3) ESTABLISH RESIDENTIAL CIVILIAN CONSERVATION PROGRAMS
26 IN EACH OF THE CONSERVATION DISTRICTS.
27 (4) ESTABLISH WITHIN CONSERVATION DISTRICTS SUCH
28 NONRESIDENTIAL CIVILIAN CONSERVATION PROGRAMS AS ARE DEEMED
29 APPROPRIATE.
30 (5) PURSUANT TO THE REQUIREMENTS FOR CORPSMEMBERS AS SET
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1 FORTH IN SECTIONS 3 AND 8, ESTABLISH REGULATIONS FOR THE
2 RECRUITMENT, SELECTION, TRAINING AND SUPERVISION OF
3 CORPSMEMBERS AND FOR THE TERMS AND CONDITIONS OF THEIR
4 EMPLOYMENT. IN CARRYING OUT THE PURPOSES OF THIS SUBSECTION,
5 THE BOARD MAY UTILIZE THE SERVICES OF ANY COMMONWEALTH
6 AGENCY, COMMUNITY ACTION PROGRAM, PUBLIC EMPLOYMENT AGENCY OR
7 LABOR ORGANIZATION IN THE RECRUITMENT OF PROSPECTIVE
8 CORPSMEMBERS.
9 (6) ESTABLISH REGULATIONS FOR THE COMPENSATION OF
10 CORPSMEMBERS AND FOR THE EMPLOYMENT AND COMPENSATION OF
11 SUPERVISORY PERSONNEL: PROVIDED, HOWEVER, THAT CORPSMEMBERS'
12 COMPENSATION SHALL BE THE PREVAILING FEDERAL MINIMUM WAGE AS
13 PROVIDED FOR BY THE FAIR LABOR STANDARDS ACT OF 1938 (29
14 U.S.C. 201): AND, FURTHER PROVIDED, THAT COMPENSATION FOR
15 SUPERVISORY PERSONNEL SHALL NOT, IN THE AGGREGATE, EXCEED 20%
16 OF THE ANNUAL FUNDS AVAILABLE TO THE CORPS.
17 (7) COOPERATE AND CONTRACT WITH ANY AGENCY OF FEDERAL,
18 STATE OR LOCAL GOVERNMENT, OR WITH ANY PERSON OR CORPORATION,
19 FOR THE PURPOSE OF CARRYING OUT WORK EXPERIENCE PROGRAMS AS
20 PROVIDED FOR IN SECTION 7.
21 (8) ACCEPT GRANTS FROM ANY PERSON OR CORPORATION, OR
22 ACCEPT FEDERAL FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY, TO
23 CARRY OUT THE PURPOSES OF WORK EXPERIENCE PROGRAMS AS
24 PROVIDED FOR IN SECTION 7.
25 (9) ESTABLISH WORK EXPERIENCE PROGRAMS AS PROVIDED FOR
26 IN SECTION 7.
27 (10) APPOINT A DIRECTOR AND ESTABLISH THE DIRECTOR'S
28 SALARY.
29 (11) SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND THE
30 GENERAL ASSEMBLY REGARDING THE STATUS OF CORPS ACTIVITIES.
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1 SECTION 7. WORK EXPERIENCE PROGRAMS.
2 (A) SKILLS.--THE BOARD SHALL ENSURE THAT EACH PROGRAM
3 ESTABLISHED PURSUANT TO THE AUTHORITY GRANTED IN SECTION 6 SHALL
4 PROVIDE CORPSMEMBERS WITH GENERALLY RECOGNIZED EMPLOYMENT SKILLS
5 AND WITH WORK EXPERIENCE RELATED TO THE FINDINGS SET FORTH IN
6 SECTION 2. IN DESIGNING SUCH PROGRAMS, THE BOARD SHALL BE GUIDED
7 BY, BUT SHALL NOT BE LIMITED TO, THE ACTIVITIES ENUMERATED IN
8 SECTION 2(A)(4).
9 (B) SITES FOR PROGRAMS.--SUCH WORK EXPERIENCE PROGRAMS MAY
10 BE CARRIED OUT ON ANY PUBLICLY OWNED LANDS OR ON PRIVATELY OWNED
11 LAND WITH THE PRIOR WRITTEN APPROVAL OF THE PERSON OWNING,
12 ADMINISTERING OR CONTROLLING THE PRIVATE LAND.
13 SECTION 8. QUALIFICATIONS FOR RECRUITMENT AND EMPLOYMENT OF
14 CORPSMEMBERS.
15 IN ADDITION TO THE QUALIFICATIONS AS SET FORTH IN THE
16 DEFINITION OF "CORPSMEMBER" IN SECTION 3, THE FOLLOWING
17 CONDITIONS MUST BE MET IN THE RECRUITMENT AND EMPLOYMENT OF
18 CORPSMEMBERS:
19 (1) AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF 18, BUT
20 WHO HAS NOT YET ATTAINED THE AGE OF 19 AND WHO HAS LEFT
21 SCHOOL PRIOR TO APPLYING FOR EMPLOYMENT AS A CORPSMEMBER, MAY
22 BE CONSIDERED FOR SUCH EMPLOYMENT ONLY AFTER MAKING A SWORN
23 STATEMENT THAT HE OR SHE DID NOT LEAVE SCHOOL FOR THE PURPOSE
24 OF PARTICIPATING IN THE CORPS.
25 (2) IN CONSIDERING EACH APPLICATION, THE BOARD SHALL
26 DETERMINE WHETHER THE APPLICANT WOULD BE BENEFITED BY
27 PARTICIPATION IN CORPS PROGRAMS AND WHETHER THE APPLICANT HAS
28 THE ABILITY AND DESIRE TO PARTICIPATE IN SAID PROGRAMS. FOR
29 THE PURPOSE OF SELECTING CORPSMEMBERS, THE BOARD SHALL OBTAIN
30 FROM EACH APPLICANT RELEVANT INFORMATION ON THE APPLICANT'S
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1 BACKGROUND, NEEDS AND INTERESTS.
2 SECTION 9. RULES OF CONDUCT.
3 (A) ACCEPTANCE OF RULES.--UPON ACCEPTING EMPLOYMENT AS A
4 CORPSMEMBER, EACH INDIVIDUAL MUST AGREE TO COMPLY WITH ALL TERMS
5 AND CONDITIONS OF EMPLOYMENT AND WITH RULES REGARDING CONDUCT
6 SET FORTH IN SUBSECTION (B).
7 (B) RULES OF CONDUCT.--THE BOARD SHALL ESTABLISH RULES OF
8 CONDUCT DESIGNED TO MAINTAIN DISCIPLINE AND ORDER IN EACH
9 PROGRAM AND AT EACH OF THE CONSERVATION CENTERS. ANY PARTICIPANT
10 WHO VIOLATES THE RULES OR WHO ENGAGES IN CONDUCT THAT TENDS TO
11 DISRUPT THE OPERATION OF ANY PROGRAM OR CENTER, OR THE SAFETY OR
12 PEACE OF ANY PROGRAM OR CENTER SHALL BE DISCIPLINED IN
13 ACCORDANCE WITH THE RULES. SUCH DISCIPLINE MAY INCLUDE IMMEDIATE
14 DISMISSAL OR SUSPENSION FROM THE PROGRAM OR TRANSFER TO ANOTHER
15 PROGRAM. THE RULES SHALL PROVIDE THAT, PRIOR TO SUSPENSION,
16 TRANSFER OR DISMISSAL OF A PARTICIPANT FROM A PROGRAM OR SUCH
17 OTHER SERIOUS DISCIPLINARY ACTION AS THE BOARD DESIGNATES, THE
18 PARTICIPANT IS ENTITLED TO A HEARING BEFORE THE PROGRAM'S
19 SUPERVISOR IN WHICH THE PARTICIPANT RECEIVES A FULL EXPLANATION
20 OF THE CHARGES AGAINST HIM OR HER INCLUDING THE EVIDENCE UPON
21 WHICH THE CHARGES ARE BASED AND AN ADEQUATE OPPORTUNITY TO
22 RESPOND TO THOSE CHARGES, INCLUDING THE QUESTIONING OF WITNESSES
23 WHO HAVE PRESENTED TESTIMONY AGAINST HIM OR HER. IN THE CASE OF
24 SUSPENSION, TRANSFER OR DISMISSAL OF A PARTICIPANT FROM A
25 PROGRAM, THE RULES SHALL ALSO PROVIDE PROCEDURES WHEREBY THE
26 PARTICIPANT CAN APPEAL ANY ADVERSE DECISION TO THE BOARD.
27 SECTION 10. FACILITIES; SERVICES; PERSONNEL.
28 (A) RESIDENTIAL ACTIVITIES.--AT EACH CONSERVATION CENTER,
29 THE BOARD SHALL PROVIDE RESIDENTIAL FACILITIES FOR CORPSMEMBERS
30 AND CORPS PERSONNEL AND SUCH OTHER FACILITIES AS THE BOARD
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1 DETERMINES NECESSARY FOR THE PURPOSES OF THE PROGRAMS,
2 INCLUDING, BUT NOT LIMITED TO, TRANSPORTATION, FOOD, CLOTHING
3 AND EQUIPMENT.
4 (B) EMERGENCY MEDICAL SERVICES.--AT EACH CONSERVATION
5 CENTER, THE BOARD SHALL PROVIDE EMERGENCY MEDICAL SERVICES FOR
6 CORPSMEMBERS AND SUPERVISORY PERSONNEL ENGAGED IN RESIDENTIAL
7 PROGRAMS.
8 (C) PERSONNEL AT CONSERVATION CENTERS.--AT EACH CONSERVATION
9 CENTER, THE BOARD SHALL APPOINT A SUPERVISOR AND SUCH OTHER
10 PERSONNEL AS THE BOARD DEEMS APPROPRIATE.
11 (D) PERSONNEL FOR NONRESIDENTIAL PROGRAMS.--FOR EACH
12 NONRESIDENTIAL PROGRAM, THE BOARD SHALL APPOINT A SUPERVISOR AND
13 SUCH OTHER PERSONNEL AS THE BOARD DEEMS APPROPRIATE.
14 SECTION 11. PROHIBITED ACTIVITIES.
15 (A) REFERRAL PAYMENTS.--NO PERSON SHALL MAKE ANY PAYMENT TO
16 ANY OTHER PERSON AS COMPENSATION FOR REFERRING AN INDIVIDUAL AS
17 A POTENTIAL CORPSMEMBER.
18 (B) DISPLACEMENT OF EMPLOYED WORKERS.--ANY PROGRAM
19 ESTABLISHED PURSUANT TO THIS ACT SHALL NOT DISPLACE CURRENTLY
20 EMPLOYED WORKERS OR IMPAIR EXISTING CONTRACTS FOR SERVICES
21 PROVIDED BY WORKERS.
22 (C) LABOR DISPUTES.--NO CORPSMEMBER OR PROGRAM MAY BE
23 EMPLOYED IN ANY MANNER IN CONNECTION WITH ANY LABOR DISPUTE
24 UNLESS THE DISPUTING PARTIES AGREE TO SUCH EMPLOYMENT.
25 (D) POLITICAL CONTRIBUTIONS.--NO OFFICER OR EMPLOYEE OF THE
26 COMMONWEALTH, WHETHER ELECTIVE OR APPOINTIVE, SHALL SOLICIT OR
27 RECEIVE, OR ASSIST OTHERS IN SOLICITING OR RECEIVING, FROM ANY
28 PARTICIPANT IN A CONSERVATION PROGRAM ESTABLISHED UNDER THIS ACT
29 AN ASSESSMENT, SUBSCRIPTION OR CONTRIBUTION FOR ANY POLITICAL
30 PARTY OR FOR ANY CANDIDATE FOR PUBLIC OFFICE, OR SELECT, EMPLOY,
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1 SUSPEND OR DISCHARGE ANY PARTICIPANT, OR PROMISE OR THREATEN TO
2 DO SO, OR HARASS, DISCIPLINE OR COERCE SUCH A PARTICIPANT, FOR
3 GIVING, WITHHOLDING OR REFUSING TO SUPPORT ANY POLITICAL PARTY
4 OR CANDIDATE FOR PUBLIC OFFICE OR OTHERWISE USE ANY SUCH
5 PARTICIPANT FOR POLITICAL PURPOSES. THE PUBLIC OFFICE OR
6 POSITION OF PUBLIC EMPLOYMENT HELD BY ANY PERSON CONVICTED OF
7 VIOLATING THIS SECTION BECOMES VACANT BY VIRTUE OF SUCH
8 CONVICTION.
9 (E) SOLICITATION FOR POLITICAL CONTRIBUTIONS BY
10 PARTICIPANTS.--NO PARTICIPANT IN A CIVILIAN CONSERVATION PROGRAM
11 ESTABLISHED UNDER THIS ACT SHALL SOLICIT OR RECEIVE, OR ASSIST
12 OTHERS IN SOLICITING OR RECEIVING, ANY ASSESSMENT, SUBSCRIPTION
13 OR CONTRIBUTION FOR ANY POLITICAL PARTY OR CANDIDATE FOR PUBLIC
14 OFFICE, OR OTHERWISE USE ANY OTHER PARTICIPANT FOR POLITICAL
15 PURPOSES. IF, AFTER A HEARING, THE BOARD FINDS THAT A
16 PARTICIPANT HAS VIOLATED THIS PROVISION, IT SHALL IMMEDIATELY
17 DISMISS THE PARTICIPANT FROM THE PROGRAM.
18 SECTION 12. EFFECTIVE DATE.
19 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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