See other bills
under the
same topic
PRIOR PRINTER'S NO. 107
PRINTER'S NO. 725
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
118
Session of
2019
INTRODUCED BY LANGERHOLC, SCARNATI, BARTOLOTTA, BREWSTER, YAW,
STEFANO, MENSCH, SCHWANK, GORDNER, BROWNE, J. WARD, AUMENT,
WHITE, BAKER AND HAYWOOD, JANUARY 31, 2019
SENATOR BARTOLOTTA, LABOR AND INDUSTRY, AS AMENDED, MAY 7, 2019
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. AS THE
TERM "BOARD" IS DEFINED IN SECTION 103 OF THE WORKFORCE
DEVELOPMENT ACT.
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
"Business partner." A business entity authorized to do
business in this Commonwealth that employs individuals in a
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 under 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.
"LOCAL WORKFORCE DEVELOPMENT BOARD." A LOCAL WORKFORCE
DEVELOPMENT BOARD ESTABLISHED IN ACCORDANCE WITH SECTION 107 OF
THE WORKFORCE INNOVATION AND OPPORTUNITY ACT (PUBLIC LAW 113-
128, 29 U.S.C. ยง 3122).
20190SB0118PN0725 - 2 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"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.
(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.
"SUPPORT SERVICES PROVIDER." AN ENTITY QUALIFIED TO PROVIDE
CASE MANAGEMENT SERVICES TO INDIVIDUALS IN RECOVERY.
"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
20190SB0118PN0725 - 3 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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. FUNDING SOURCES.--TO IMPLEMENT THIS ACT, THE
DEPARTMENT MAY UTILIZE ANY OF THE FOLLOWING:
(1) FUNDS DEPOSITED IN THE REEMPLOYMENT FUND.
(2) EXISTING FUNDS APPROPRIATED TO THE DEPARTMENT, IF
THE USE OF THE FUNDS FOR RECOVERY-TO-WORK IS CONSISTENT WITH
LAW.
(3) FUNDS APPROPRIATED TO ANY PARTICIPATING AGENCY FOR
RECOVERY-TO-WORK.
(C) NOTICE.--UPON THE INITIAL APPROPRIATION OF SUFFICIENT
FUNDS TO CARRY OUT THE PROVISIONS OF THIS ACT OR A DETERMINATION
BY THE DEPARTMENT THAT SUFFICIENT FUNDS ARE AVAILABLE FROM
ANOTHER EXISTING SOURCE TO CARRY OUT THE PROVISIONS OF THIS ACT,
THE DEPARTMENT SHALL TRANSMIT NOTICE OF THE APPROPRIATION TO THE
LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA
BULLETIN.
(c) (D) Administration.--Recovery-to-work shall be
administered by the department to empower local workforce
investment DEVELOPMENT boards, SUPPORT SERVICES PROVIDERS,
business partners and participating agencies to collaboratively
develop innovative local recovery-to-work pilot programs to do
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 WORK EXPERIENCE.
(2) Provide individuals in recovery with interview and
soft skills development and training. EMPLOYABILITY AND
20190SB0118PN0725 - 4 -
<--
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
CAREER READINESS SKILL TRAINING AS IDENTIFIED BY THE
DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION.
(3) PROVIDE INDIVIDUALS IN RECOVERY WITH SUPPORT
SERVICES FOR THEIR CONTINUED RECOVERY.
(3) (4) Provide local workforce investment DEVELOPMENT
boards with the funding necessary to support program partners
and business partners implementing innovative local pilot
programs.
(4) (5) Provide program partners with informational
resources to help them conduct successful local pilot
programs.
(5) (6) 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 DEVELOPMENT BOARD SHALL BE ELIGIBLE TO APPLY FOR
FUNDING. PRIORITY SHALL BE GIVEN TO LOCAL WORKFORCE DEVELOPMENT
AREAS THAT INCLUDE 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 ADMINISTRATION, 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
20190SB0118PN0725 - 5 -
<--
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
region served by the local workforce investment board or in-
demand occupations that have a connection to a high-priority
occupation. JOB TRAINING AND WORK EXPERIENCE THAT WILL PREPARE
INDIVIDUALS FOR CONTINUED SUCCESS FOR JOB OPPORTUNITIES THAT
EXIST IN THEIR LOCAL WORKFORCE DEVELOPMENT AREAS.
Section 303. Application and approval process.
(a) Application.--An eligible local workforce investment
DEVELOPMENT 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 PARTICIPATION
BY A SUPPORT SERVICES PROVIDER AND 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
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.
20190SB0118PN0725 - 6 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) INFORMATION ON OCCUPATIONS THAT WILL BE THE FOCUS OF
THE PROPOSED LOCAL PILOT PROGRAM, INCLUDING DATA ON LOCAL
DEMAND.
(5) INFORMATION ON INDUSTRY-RECOGNIZED CREDENTIALS OR
CERTIFICATIONS AWARDED TO PROGRAM PARTICIPANTS UPON
COMPLETION.
(5) (6) Documentation of interest by a business partner
that plans to receive the incentive under section 701.
(6) (7) A start date for the proposed local pilot
program.
(7) (8) A list of clear objectives and measurable goals
that the proposed local pilot program will seek to achieve.
(8) (9) 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
20190SB0118PN0725 - 7 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
programming resources.
(iii) A commitment from one or more business
partners to provide preferred interviews to individuals
completing the local pilot program.
(IV) CAPABILITY TO PROVIDE EXPOSURE TO HIGH-PRIORITY
OR IN-DEMAND OCCUPATIONS AS IDENTIFIED BY THE DEPARTMENT.
(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 DEVELOPMENT
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
participating agencies in accordance with section 301(c)(5)
301(D)(6).
(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
20190SB0118PN0725 - 8 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(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
20190SB0118PN0725 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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:
(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.
20190SB0118PN0725 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) The Auditor General.
(3) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(4) The chairperson and minority chairperson of the
Education Committee of the Senate.
(5) The chairperson and minority chairperson of the
Labor and Industry Committee of the Senate.
(6) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(7) The chairperson and minority chairperson of the
Education Committee of the House of Representatives.
(8) The chairperson and minority chairperson of the
Labor and Industry Committee of the House of Representatives.
Section 903. Final report.
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 Auditor General.
(3) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(4) The chairperson and minority chairperson of the
Education Committee of the Senate.
(5) The chairperson and minority chairperson of the
Labor and Industry Committee of the Senate.
(6) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(7) The chairperson and minority chairperson of the
20190SB0118PN0725 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Education Committee of the House of Representatives.
(8) The chairperson and minority chairperson of the
Labor and Industry Committee of the House of Representatives.
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) 303(B)(8).
(2) An analysis of each local pilot program according to
the outcome-based metrics enumerated by the department under
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.
20190SB0118PN0725 - 12 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24