PRINTER'S NO. 3208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2116
Session of
2018
INTRODUCED BY RADER, WALSH, WARD, R. BROWN, B. MILLER, MILLARD,
ZIMMERMAN, HEFFLEY, KAUFER, WATSON, OBERLANDER, GROVE,
CUTLER, MASSER AND TOEPEL, MARCH 27, 2018
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 27, 2018
AN ACT
Amending the act of December 18, 2001 (P.L.949, No.114),
entitled "An act establishing a unified workforce investment
system; restructuring certain administrative functions,
procedures and entities; transferring workforce development
functions of Commonwealth agencies; establishing the
Pennsylvania Workforce Investment Board; providing for
critical job training grants, for guarantees for program
quality and performance for workforce development programs,
for workforce leadership grants and for industry
partnerships; establishing the Keystone Works Program; and
authorizing local workforce investment boards," in
preliminary provisions, further providing for declaration of
policy and for definitions; in board, further providing for
establishment, for membership, for plan, functions and
responsibilities and for State performance management system;
in local workforce investment areas and boards, further
providing for plan, functions and responsibilities and for
local performance measures; and making editorial changes to
citations of Federal statutes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102(5) of the act of December 18, 2001
(P.L.949, No.114), known as the Workforce Development Act, is
amended to read:
Section 102. Declaration of policy.
The General Assembly finds and declares as follows:
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* * *
(5) This act enables the Commonwealth to participate in
the program under the Workforce [Investment Act of 1998
(Public Law 105-220, 112 Stat. 936)] Innovation and
Opportunity Act (Public Law 113-128, 128 Stat. 1425).
Section 2. The definition of "participating agencies" in
section 103 of the act is amended and the section is amended by
adding definitions to read:
Section 103. 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:
* * *
"Department." The Department of Community and Economic
Development.
"Deputy for Workforce Development." The highest ranking
individual other than the Secretary of Community and Economic
Development who is employed by the Department of Community and
Economic Development and is responsible for managing the unified
system.
* * *
"Participating agencies." All of the following:
(1) The Department of Aging.
(2) The Department of Community and Economic
Development.
(3) The Department of Education.
(4) The Department of Labor and Industry.
(5) The Department of [Public Welfare] Human Services.
(6) Any agency which oversees and monitors funds
appropriated by the Federal Government and designated by the
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Governor or funds specifically appropriated by the General
Assembly for workforce investment which falls under the
authority of the board.
* * *
Section 3. Sections 301, 302(a)(3), (d) and (i), 304(a)
introductory paragraph, 305.1(a) and (b) last paragraph, 504(a)
introductory paragraph and (b)(7)(i)(F) and 505(c) of the act
are amended to read:
Section 301. Establishment.
The Pennsylvania Workforce Investment Board is established
within the department to advise and assist the Governor, the
Deputy for Workforce Development and the General Assembly on the
implementation of a unified system to assure a well-educated,
highly skilled workforce. The board is responsible for unifying
the Commonwealth's existing Federal and State workforce
investment programs into an integrated system. All
recommendations and decisions of the board shall be in
compliance with the Workforce [Investment Act of 1998 (Public
Law 105-220, 112 Stat. 936)] Innovation and Opportunity Act
(Public Law 113-128, 128 Stat. 1425).
Section 302. Membership.
(a) General rule.--The board shall be established as
follows:
* * *
(3) Representatives appointed by the Governor who are:
(i) Representatives of business, including private
sector employers, representatives from each of the
Commonwealth's marketing regions, owners of businesses,
chief executive officers, other business executives with
optimum policymaking or hiring authority, members of
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local workforce investment boards and businesses that
reflect the employment opportunities in this
Commonwealth, including large and small employers.
(ii) Chief elected officials nominated by Statewide
organizations or associations representing elected
officials.
(iii) Representatives of labor organizations who
have been nominated by State labor federations.
(iv) Representatives of individuals and
organizations experienced with respect to youth
activities.
(v) Representatives of organizations which have
experience and expertise in the delivery of workforce
investment activities, including chief executive officers
of community colleges, technical colleges and community-
based organizations in this Commonwealth.
[(v.1) The chair or a cochair of the Health Careers
Leadership Council of the Pennsylvania Center for Health
Careers.]
(vi) Lead Commonwealth agency officials, including:
(A) The Secretary of Aging.
(B) The Secretary of Community and Economic
Development.
(C) The Secretary of Education.
(D) The Secretary of Labor and Industry.
(E) The Secretary of Public Welfare.
(F) The Director of the Governor's Policy
Office.
(vii) Any other representative or Commonwealth
agency official the Governor deems necessary.
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* * *
(d) Staff.--[The board may employ a limited staff to
implement the decisions of the board.] The Deputy for Workforce
Development or a designee shall serve as the executive director
for the board. The department shall provide administrative
services and the use of staff to the board.
* * *
(i) Personnel, equipment, resources.--The policy and program
offices of the [Department of Aging, the Department of Community
and Economic Development, the Department of Education, the
Department of Labor and Industry and the Department of Public
Welfare shall] participating agencies shall, upon request of the
board or the Deputy for Workforce Development, provide
personnel, equipment and resources as required for the
functioning of the board.
Section 304. Plan, functions and responsibilities.
(a) General rule.--The board, in furtherance of section 102,
shall advise and assist the Governor and the Deputy for
Workforce Development on all of the following:
* * *
Section 305.1. State performance management system.
(a) General rule.--The board shall establish a system for
the development, oversight, modification and continuous
improvement of a comprehensive performance accountability system
that will provide effective measures of the performance and
impact of the workforce development system at the State and
local levels. The system will include input from board members,
local workforce investment boards, operators of the one-stop
delivery system, workforce development program providers,
business and industry and the participating agencies. The Deputy
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for Workforce Development shall be responsible for the
coordination and management of data. The system will be designed
to produce recommendations to the board, the Governor, the
Deputy for Workforce Development and the General Assembly and
shall function within time frames established by the board. The
system shall be comprehensive and provide a reporting system for
program funding as established by the board. The system shall:
(1) Identify one or more State agencies responsible for
the coordination and management of data.
(2) Identify systems for tracking and reporting of
information and determining the role of the State and local
workforce investment boards.
(3) Enable the development and funding of a locally
based management information system that will provide local
workforce investment boards and the board with management
data.
(4) Enable revisions to the performance management
system.
(b) Required performance measures.--The State performance
management system shall include:
* * *
The required performance measures in paragraphs (1) through (5)
may be modified by the board to be aligned with common
performance measures adopted pursuant to revisions to the
Workforce [Investment Act of 1998 (Public Law 105-220, 112 Stat.
936)] Innovation and Opportunity Act (Public Law 113-128, 128
Stat. 1425) or the adoption of common performance measures by
the Federal agencies covered by this act.
* * *
Section 504. Plan, functions and responsibilities.
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(a) Unified workforce investment plan.--A local workforce
investment board, in partnership with the chief elected official
of the county or counties served by the local workforce
investment board, shall submit to the Governor and the Deputy
for Workforce Development for approval a unified workforce
investment plan. The unified workforce investment plan shall be
developed through a process which includes the opportunity for
participation by current and potential customers and service
providers and which shall contain, at a minimum, the following:
* * *
(b) Functions and responsibilities.--A local workforce
investment board, in order to develop and implement a unified
workforce investment plan for the investment and utilization of
private and public resources to meet the current and future
workforce investment needs of its region in furtherance of
section 102, has the following functions and responsibilities:
* * *
(7) To authorize use of local workforce investment
funds, including individual training accounts, where
applicable, for eligible customers, for any of the following
services:
(i) Core services shall be available to individuals
who are adults or dislocated workers through the one-stop
delivery system and shall, at a minimum, include all of
the following:
* * *
(F) Provision of performance information and
program cost information on eligible providers of
training services, provided by program, eligible
providers of youth activities, providers of adult
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education, providers of postsecondary vocational
education activities and vocational education
activities available to school dropouts under the
Carl D. Perkins [Vocational and Applied Technology
Education Act] Career and Technical Education Act of
2006 (Public Law 88-210, 20 U.S.C. § 2301 et seq.)
and providers of vocational rehabilitation program
activities described in the Rehabilitation Act of
1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.).
* * *
Section 505. Local performance measures.
* * *
[(c) School-to-Work Opportunities Act of 1994.--No funds
made available under the Workforce Investment Act of 1998
(Public Law 105-220, 112 Stat. 936) shall be used to develop or
continue programs or activities created under the School-to-Work
Opportunities Act of 1994 (Public Law 103-239, 108 Stat. 568).]
Section 4. This act shall take effect in 60 days.
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