Trial Engrossment of Amendment A04425 to House Bill 1630 P.N. 2141, Regular Session 2023-2024

A04425

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1630

Session of

2023

INTRODUCED BY SMITH-WADE-EL, HOHENSTEIN, INNAMORATO, MADDEN,

HILL-EVANS, HANBIDGE, RABB, BELLMON, SCHLOSSBERG, BULLOCK,

SANCHEZ, MERSKI, KAZEEM, KINSEY, VENKAT, STEELE, BOYD, KHAN,

CEPEDA-FREYTIZ, PARKER, KRAJEWSKI, PIELLI, CIRESI, SCHWEYER,

BURGOS, STURLA, KIM, FIEDLER, GREEN, OTTEN AND WAXMAN,

OCTOBER 16, 2023

REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 16, 2023

AN ACT

Establishing the Office of New Pennsylvanians and providing for

its powers and duties; establishing the Office of New

Pennsylvanians Restricted Account; and establishing the

Advisory Committee to Office of New Pennsylvanians and

providing for its powers, duties and membership.

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Legislative policy and declarations.

Section 103. Definitions.

Chapter 3. Office of New Pennsylvanians

Section 301. Establishment of office.

Section 302. Powers and duties of office.

Section 303. Office of New Pennsylvanians Restricted Account.

Chapter 5. Advisory Committee to Office of New Pennsylvanians

Section 501. Establishment of advisory committee.

Section 502. Membership.

Section 503. Powers and duties of advisory committee.

Chapter 7. Miscellaneous Provisions

Section 701. Applicability of other statutes.

Section 701 702. Effective date.

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 Office of New

Pennsylvanians Act.

Section 102. Legislative policy and declarations.

The General Assembly finds and declares as follows:

(1) According to the United States Census Bureau, in

2018, Pennsylvania ranked 42nd among the 50 states in

population growth since 2010, increasing only 0.86%.

(2) In 2019, Pennsylvania's 893,167 foreign-born

individuals comprised 7% of this Commonwealth's population,

an increase of 75.7% since 2000, compared to only 1.2% growth

in the United-States-born population.

(3) Throughout this Commonwealth's history, immigrants

have played a critical role in this Commonwealth's economic,

cultural and political growth and success.

(4) Policies that promote the attraction, retention and

inclusion of immigrants and refugees will help enhance this

Commonwealth's economy and diversity, thereby improving the

lives of all residents and helping to remove barriers that

may undermine immigrants' full potential.

(5) Immigrants currently fill skilled positions

throughout this Commonwealth's economy and are a vital part

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of this Commonwealth's economy and tax base. In 2019,

immigrant business owners in this Commonwealth generated more

than $1,700,000,000 in business revenue and immigrant

spending power increased to $24,900,000,000.

(6) 40% of immigrants in this Commonwealth have a

bachelor of arts, bachelor of science or graduate degree,

compared to 32% of United-States-born Pennsylvanians.

(7) Organizations are providing leadership in this

Commonwealth's immigrant integration efforts through programs

and services that connect newcomers and longtime

Pennsylvanians to economic opportunity.

(8) It is essential for this Commonwealth's future that

skilled, energetic and entrepreneurial immigrants are

attracted, retained and integrated. Immigrants help to

bolster this Commonwealth's economy and strengthen the

social, civic and cultural fabric.

(9) States enforce and provide for many services,

licenses and educational and economic opportunities that make

it imperative to coordinate the work of state agencies,

leverage relationships with partner and nonprofit

organizations, and recommend policies and programs that

support immigrant inclusion. Immigrants on the path to full

civic and economic participation benefit from a welcoming

environment and policies that:

(i) Increase access to English language instruction

and workforce development and employment.

(ii) Reduce exploitation and fraud against

immigrants.

(iii) Connect new Pennsylvanians to legal services

and assist on the path to naturalization.

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(iv) Provide individuals with meaningful access to

Commonwealth resources and opportunities regardless of

English proficiency.

(10) In recognition of these facts and in promotion of

the stated goals, the creation of the Office of New

Pennsylvanians will help improve the lives and economic

prosperity of immigrants and Pennsylvanians generally.

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:

"Advisory committee." The Advisory Committee to Office of

New Pennsylvanians.

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Office." The Office of New Pennsylvanians.

"Secretary." The Secretary of Community and Economic

Development of the Commonwealth.

CHAPTER 3

OFFICE OF NEW PENNSYLVANIANS

Section 301. Establishment of office.

(a) Establishment.--The Office of New Pennsylvanians is

established within the department.

(b) Administrative services and staff.--

(1) The department shall provide administrative services

and staff, including counsel and legal staff, to the office

and to the advisory committee.

(2) The office shall reimburse the department for the

cost and expenses of providing the administrative services

and staff under paragraph (1). No more than 5% of the funding

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appropriated annually to the office shall be used for

administrative costs and expenses.

Section 302. Powers and duties of office.

The office shall:

(1) Respond to inquiries from Commonwealth agencies, the

media, immigrant-serving organizations and the public about

immigration issues in this Commonwealth.

(2) Serve as point of contact for Commonwealth licensing

boards and the Bureau of Professional and Occupational

Affairs.

(3) Serve as an information clearinghouse for

Commonwealth agencies on immigration-related policy issues

and coordinate among agencies as appropriate.

(4) Analyze economic, demographic and other trends

impacting immigrants in this Commonwealth and make policy

recommendations.

(5) Ensure that the Commonwealth is gathering relevant

data to inform the Commonwealth's policy making on immigrant

issues.

(6) Develop strategies to attract, retain and integrate

immigrants into this Commonwealth.

(7) Convene stakeholders in business development and

international trade promotion programs to increase capacity

to utilize immigrant contributors.

(8) Disseminate information to new and prospective

immigrant residents of this Commonwealth who wish to invest

capital, launch businesses or apply their skills in this

Commonwealth.

(9) Convene municipal officials to boost peer learning

on increasing immigration in cities of the third class

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struggling with population loss and economic decline.

(10) Convene college and university officials to foster

learning on strategies for immigrant and international

student retention.

(11) Provide matching grant funds for high-quality

immigration and economic development programs that can

demonstrate corporate or philanthropic investment.

(12) Disseminate information about available services to

assist new and prospective immigrant residents of this

Commonwealth on the path to naturalization.

(13) Disseminate information about legal services

available to new Pennsylvanians in civil legal matters,

including housing, family, immigration and other matters.

(14) Disseminate information about English language

instruction and resources available to immigrant residents of

this Commonwealth.

(15) Convene stakeholders in Commonwealth agencies,

immigrant-serving organizations and the public to identify

and reduce exploitation and fraud against immigrants.

(16) Convene stakeholders in Commonwealth agencies,

immigrant-serving organizations and the public to promote

race, sex, gender, age, income and LGBTQ equity and to

identify and reduce inequities.

(17) Develop strategies to provide immigrants with

meaningful access to Commonwealth resources and opportunities

regardless of their level of English proficiency.

(18) Communicate with Federal and international

stakeholders to support the resettlement process for refugees

who have been identified for resettlement in this

Commonwealth.

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(19) (18) Evaluate the success of activities and adjust

courses as appropriate.

Section 303. Office of New Pennsylvanians Restricted Account.

The Office of New Pennsylvanians Restricted Account is

established as a restricted account in the General Fund. Money

appropriated by the General Assembly for the office shall be

deposited in the restricted account for use by the office to

carry out its powers and duties under section 302.

CHAPTER 5

ADVISORY COMMITTEE TO

OFFICE OF NEW PENNSYLVANIANS

Section 501. Establishment of advisory committee.

The Advisory Committee to Office of New Pennsylvanians is

established within the office and shall serve in an advisory

capacity to the office in matters regarding immigrants in this

Commonwealth. The advisory committee shall be staffed and

administered by the office.

Section 502. Membership.

(a) Public official members.--The advisory committee shall

consist of the following members, who shall serve by virtue of

their public position:

(1) The secretary or a designee.

(2) The Secretary of Administration or a designee.

(3) The Secretary of Education or a designee.

(4) The Secretary of Health or a designee.

(5) The Secretary of Human Services or a designee.

(6) The Secretary of Labor and Industry or a designee.

(7) The Secretary of Transportation or a designee.

(8) The Commissioner of Pennsylvania State Police or a

designee.

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(9) The Attorney General or a designee from the Office

of the Attorney General, Bureau of Consumer Protection.

(b) Nongovernmental members.--The advisory committee shall

consist of nongovernmental members to be appointed by the

Governor as follows:

(1) Three members from an organization that attracts,

retains and integrates immigrants into this Commonwealth's

economic, cultural and civic affairs. The advisory committee

shall establish a minimum of three regions within this

Commonwealth for the purpose of appointing one member from

each region.

(2) One member from a Pennsylvania chapter of the

American Immigration Lawyers Association.

(3) One member from an institution of higher education

who has a primary focus on immigration issues.

(4) One member from the Pennsylvania Chamber of Business

and Industry or a similar local advocate for economic

improvement.

(5) One member with expertise in promoting language

access plans.

(6) One member from an agency focused on providing

English language instruction to speakers of other languages.

(7) One member from the Pennsylvania banking sector.

(8) One member from a workforce training agency.

(9) One member from the health care sector.

(10) One member from an agency working to increase

immigrants' access to health care services.

(11) One member from a human services agency.

(12) One member from a refugee resettlement agency.

(13) (12) One member from an agency focused on working

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with immigrants in matters of tenants' rights.

(13) One member from the Pennsylvania Manufacturers'

Association.

(1) All members appointed shall hold voting privileges

on all matters brought for consideration before the advisory

committee.

(2) A simple majority of members with current

appointments to the advisory committee shall constitute a

quorum for the transaction of any business. An action adopted

by the majority of the members present at a meeting in which

there is a quorum shall be deemed to be an act of the

advisory committee.

(d) Terms.--

(1) The terms of the members under subsection (a) shall

be concurrent with their holding of the public office.

(2) A member appointed under subsection (b) shall serve

a three-year term as long as they represent the interest of

the membership class for which they were appointed and shall

serve until a successor is appointed.

(e) Chairperson.--The secretary shall serve as chairperson

of the advisory committee.

(f) Expenses of members.--Members of the advisory committee

shall receive no compensation for their services. Members who

are not employees of State government shall be reimbursed at

established Commonwealth rates for expenses incurred in the

performance of their duties on the advisory committee.

Section 503. Powers and duties of advisory committee.

(a) General rule.--The advisory committee shall:

(1) Make recommendations to the Governor and the

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secretary on policies, procedures, regulations and

legislation to attract, retain and integrate immigrants into

this Commonwealth's society.

(2) Serve as the Governor's liaison to new

Pennsylvanians on policies, procedures, regulations and

legislation that affect immigrants, in order to ensure that

State government is accessible, accountable and responsive to

the needs of immigrants.

(3) Serve as a resource to all departments, commissions

and agencies under the Governor's jurisdiction to ensure that

government entities are cognizant of the needs of immigrants

and that the entities' respective services and programs are

accessible to immigrants.

(4) Work with the office to monitor the practices of

Commonwealth agencies relating to the attraction, retention

and integration of immigrants in order to maximize the

efficiency and accessibility to State government.

(5) Perform other duties as the Governor and secretary

may assign in planning for services and programs for

immigrants.

(b) Studies and reports.--The advisory committee may conduct

studies and issue reports upon request and as necessary on

issues affecting immigrants in this Commonwealth.

at least one public hearing each year to receive testimony and

public comments on improving the attraction, retention and

integration of immigrants in this Commonwealth.

(d) Construction.--Nothing in this section shall be

construed to prevent the advisory committee from establishing ad

hoc work groups or local committees to assist in research and

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other duties necessary to carry out the mission of the office.

CHAPTER 7

MISCELLANEOUS PROVISIONS

Section 701. Applicability of other statutes.

The following acts shall apply to the office and the advisory

committee:

(1) The act of July 19, 1957 (P.L.1017, No.451), known

as the State Adverse Interest Act.

(2) The act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to

open meetings) and 11 (relating to ethics standards and

financial disclosure).

Section 701 702. Effective date.

This act shall take effect in 60 days.

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