SENATE AMENDED
PRINTER'S NOS. 24, 1266 PRINTER'S NO. 1978
No. 22 Session of 1989
INTRODUCED BY LLOYD, LEVDANSKY, RUDY, MICHLOVIC, B. SMITH,
WOGAN, MORRIS, HALUSKA, BUNT, VEON, BUSH, HASAY, SCHULER,
STABACK, KOSINSKI, DOMBROWSKI, MRKONIC, KUKOVICH, ARGALL,
DIETTERICK, VROON, BATTISTO, DeLUCA, BELFANTI, COY, TIGUE,
MERRY, HERMAN, NOYE, CAWLEY, STUBAN, DISTLER, VAN HORNE,
BOWLEY, FREEMAN, ITKIN, COLAIZZO, HESS, LUCYK, BORTNER,
CAPPABIANCA, BELARDI, PETRARCA AND STEIGHNER,
JANUARY 18, 1989
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE,
AS AMENDED, JUNE 6, 1989
AN ACT
1 Amending the act of July 2, 1984 (P.L.561, No.112), entitled "An
2 act establishing the Pennsylvania Conservation Corps; and
3 making an appropriation," further providing for educational
4 opportunities, ability assessments, and terms of employment
5 for corpsmembers; for the wages of corpsmembers and
6 crewleaders; for corpsmember exchanges, annual reports,
7 coordination with Job Training Partnership Act, and local
8 conservation corps incubators; for program funding; and
9 deleting the expiration of the act.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The definitions of "local agency" and "State
13 agencies" in section 2 of the act of July 2, 1984 (P.L.561,
14 No.112), known as the Pennsylvania Conservation Corps Act,
15 amended July 9, 1987 (P.L.232, No.40), are amended to read:
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 * * *
4 "Local agency." Any [political subdivision] municipality
5 located within this Commonwealth.
6 * * *
7 "State agencies." The Fish Commission, Game Commission,
8 Historical and Museum Commission, Department of Environmental
9 Resources, [Department of Military Affairs] and, in the case of
10 job search skills [and], job application skills and ability
11 assessments, the Department of Labor and Industry.
12 Section 2. Section 4(4), (6) and (7) of the act are amended
13 and the section is amended by adding a paragraph PARAGRAPHS to <--
14 read:
15 Section 4. Duties of the secretary.
16 The secretary shall:
17 * * *
18 (4) Develop or review proposed work experience projects
19 submitted to the department by State and local agencies and
20 approve projects that meet the requirements of this act.
21 State agencies eligible to submit work experience projects
22 shall be limited to the Fish Commission, Game Commission,
23 Historical and Museum Commission[,] and Department of
24 Environmental Resources [and Department of Military Affairs].
25 The secretary shall insure that work experience projects
26 involve labor intensive improvement activities on public
27 lands or facilities that will result in a future public value
28 and have a potential for future revenue yield. [Projects
29 approved by the secretary shall include projects authorized
30 and funded under the act of July 2, 1984 (P.L.527, No.106),
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1 known as the Recreational Improvement and Rehabilitation
2 Act.]
3 * * *
4 (6) Execute employment contracts with State and local
5 agencies containing any terms and conditions deemed necessary
6 and desirable for the employment of corpsmembers in approved
7 work experience projects; and in the case of job search
8 skills [and], job application skills[,] and ability
9 assessments, execute contracts or cooperative agreements with
10 Federal, State or local agencies, persons, firms,
11 partnerships, associations or corporations for the provisions
12 of these services.
13 (7) Authorize utilization of the corps for emergency
14 projects within or outside this Commonwealth which shall
15 include, but not be limited to, natural disasters, fire
16 prevention and suppression and rescue of lost or injured
17 persons. Corpsmember participation in emergency projects
18 shall be voluntary. Corpsmembers shall receive adequate
19 training prior to participating in an emergency project.
20 * * *
21 (11) Authorize the exchange of corpsmembers and
22 crewleaders with other established conservation corps/service
23 programs in order to foster a spirit of understanding and to
24 advance the goals of volunteerism and service. Participation
25 in exchange projects shall be voluntary.
26 (12) EXECUTE CONTRACTS FOR EMPLOYMENT OF CORPSMEMBERS IN <--
27 CITIES OF THE FIRST CLASS FOR PROJECTS DESIGNED TO REPEL OR
28 REMOVE GRAFFITI OR OTHER INSTITUTIONAL VANDALISM. THE
29 SECRETARY MAY CONTRACT DIRECTLY WITH NOT-FOR-PROFIT AGENCIES
30 AND ORGANIZATIONS WHICH SHALL BE ELIGIBLE FOR FUNDING
19890H0022B1978 - 3 -
1 PROVIDED PURSUANT TO SECTION 12.1.
2 Section 3. Section 5(a), (b) and (d) of the act are amended
3 to read:
4 Section 5. Work experience projects.
5 (a) Purpose.--The secretary shall ensure that each work
6 experience project established pursuant to the authority granted
7 in section 4 shall provide corpsmembers with educational
8 opportunities and job training skills, which may include general
9 educational development, literacy training, adult basic
10 education, job search skills and job application skills, and
11 with work experience related to the conservation, improvement or
12 development of natural resources or the enhancement,
13 preservation and maintenance of public lands, water or
14 facilities. Job training may be provided directly by the agency
15 administering the work experience project or by other agencies
16 as provided in subsection (d).
17 (b) Project criteria.--Work experience projects shall be
18 undertaken in urban, suburban and rural areas and shall be
19 selected on the basis of the environmental and natural resource
20 benefits each offers, the opportunities for public use each
21 offers, the educational opportunities and the on-the-job
22 training value of each, the future public value of the completed
23 project and the estimated additional revenue to be generated for
24 the Commonwealth or its subdivisions from the completion of each
25 project.
26 * * *
27 (d) Coordinated services.--Whenever available and
28 appropriate, adult education, job training and placement
29 services provided through other Federal, State and local funded
30 programs such as the Job Training Partnership Act Program, the
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1 Community Services Block Grant and the Office of Employment
2 Security shall be coordinated with projects developed under this
3 act to assist eligible participants. Coordinated services may
4 include, but are not limited to, job placement assistance, adult
5 literacy training, job search skills [and], job application
6 skills and ability assessments. Whenever possible, eligible
7 participants without a high school diploma shall receive
8 coordinated services that provide an opportunity to obtain an
9 equivalent high school diploma. Within two weeks of enrollment
10 in the corps, each corpsmember shall be referred to the Office
11 of Employment Security for ability assessments, the results of
12 which shall be provided to the department.
13 * * *
14 Section 4. Section 6(a) of the act, amended July 2, 1986
15 (P.L.341, No.78), is amended and the section is amended by
16 adding a subsection to read:
17 Section 6. Eligibility for program.
18 (a) Criteria.--Persons participating in the corps program
19 shall be young men and women who are:
20 (1) Between the ages of 18 and 25.
21 [(2) Economically disadvantaged.
22 (3)] (2) Domiciled in the Commonwealth for at least six
23 months prior to participating in the program.
24 [(4)] (3) Registered with the Office of Employment
25 Security for employment.
26 [(5)] (4) Physically and mentally capable of performing
27 labor intensive work.
28 [(6)] (5) Not attending high school or postsecondary
29 institution full time and who provide assurance that they did
30 not leave school for the purpose of participating in the
19890H0022B1978 - 5 -
1 program. Full-time high school and postsecondary students may
2 participate in this program during authorized school
3 vacations.
4 * * *
5 (c) Preference.--Preference in hiring shall be given to the
6 economically disadvantaged.
7 Section 5. Sections 7 and 8(e) of the act, amended July 2,
8 1986 (P.L.341, No.78), are amended to read:
9 Section 7. Compensation.
10 (a) [Six-month term] Term of employment.--Corpsmembers shall
11 be employed for a period [not to exceed] of six months. [except
12 in areas where the Office of Employment Security has determined
13 that no other applicants are available for referral to fill
14 corpsmember positions. If no applicants are available,] At the
15 option of the department, corpsmembers who have successfully
16 completed their six-month enrollment may be [eligible] employed
17 for a second six-month term. The department shall refer the
18 names of corpsmembers who successfully complete their employment
19 in the corps to the Office of Employment Security for assistance
20 in securing private sector employment or for enrollment in
21 additional job training programs. The department may also
22 provide the names of participants who successfully complete
23 their employment in the corps to private sector employers
24 requesting referrals, with the approval of the participant.
25 (b) Minimum wage.--Corpsmembers shall receive an hourly wage
26 no less than the State minimum wage as provided for by the act
27 of January 17, 1968 (P.L.11, No.5), known as The Minimum Wage
28 Act of 1968. Corpsmen serving a second six-month term shall
29 receive additional hourly compensation of at least 5%.
30 (c) Benefits.--Corpsmembers shall not be entitled to any
19890H0022B1978 - 6 -
1 employee benefits provided to existing employees of the
2 department or other agencies except for workmen's compensation
3 coverage which shall be provided through the funds appropriated
4 to carry out this act, nor shall service as a corpsmember
5 qualify an individual for benefits under the act of December 5,
6 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
7 Unemployment Compensation Law.
8 (d) Work hours.--Corpsmembers shall be scheduled to work the
9 standard work hours of the department or of the State or local
10 agency sponsoring the work experience project. In no instance
11 shall corpsmembers be scheduled to work more than 40 hours per
12 week. Corpsmembers may request and shall be excused as necessary
13 for a maximum of [ten hours per week] 260 hours per six-month
14 term of enrollment from scheduled work hours to participate in
15 adult education, job training and placement services which the
16 department determines to be appropriate and are in accordance
17 with the provisions of this act. Corpsmembers shall be
18 compensated as set forth in subsection (b) for participating in
19 job training and placement services which the department
20 determines are in accordance with the provisions of this act.
21 Section 8. Supervisors.
22 * * *
23 (e) Hourly wage.--Crewleaders shall receive an hourly wage
24 that [does not exceed] exceeds the hourly wage of corpsmembers
25 by [more than $4.00] a minimum of $2.00.
26 * * *
27 Section 6. Section 10 of the act is amended to read:
28 Section 10. Annual report.
29 On [March 1, 1985] October 1, 1990, and each year thereafter
30 during the program's existence, the secretary shall report to
19890H0022B1978 - 7 -
1 the Chief Clerk of the House of Representatives and the
2 Secretary of the Senate on the [cumulative] preceding fiscal
3 year's impact of the program. All recipients of funds for
4 approved projects shall provide the information requested by the
5 department for the purposes of this report. The report shall
6 include, but not be limited to:
7 (1) Productivity measures by the type of project funded.
8 (2) The number of corpsmembers employed.
9 (3) The average length of employment.
10 (4) The extent of job training provided to participants.
11 (5) The number of participants who find employment after
12 completion of the project.
13 (6) Estimated total dollar value of completed work
14 projects by type of project.
15 (7) Estimated potential revenue from projects completed
16 by corpsmembers.
17 [(8) Percentage increase in estimated value of sites
18 constructed or rehabilitated by corpsmembers.
19 (9)] (8) Estimated amount of dollar benefits in excess
20 of dollar costs resulting from the program.
21 (9) The amount of appropriated funds expended on program
22 administration.
23 [All recipients of funds for approved projects shall provide the
24 information requested by the department for the purposes of this
25 report.]
26 Section 7. The act is amended by adding sections to read:
27 Section 10.1. Coordination with Job Training Partnership Act.
28 In order to permit joint projects with the summer youth
29 employment and training program established pursuant to Title II
30 B of the Job Training Partnership Act (Public Law 97-300, 96
19890H0022B1978 - 8 -
1 Stat. 1322), the provisions of this act not consistent with the
2 Job Training Partnership Act are hereby waived for such joint
3 projects.
4 Section 10.2. Local Conservation Corps Incubator.
5 In order to provide opportunities for local agencies to
6 create a locally operated and funded conservation corps, funds
7 may be authorized to support the development of new local corps
8 programs consistent with the provisions of this act. Pending the
9 availability of funds the department may enter into contingent
10 commitments with municipal governments to provide funding on a
11 reducing basis over a three-year period.
12 Section 12.1. Funding.
13 (a) Source.--Funds for this program shall be provided from
14 appropriations from the Pennsylvania Economic Revitalization
15 Fund.
16 (b) Use of funds.--For the 1989-1990 fiscal year and
17 thereafter, funds provided for this program may be used for the
18 following:
19 (1) Corpsmember and crewleader wages and authorized
20 benefits.
21 (2) Site development and materials.
22 (3) Funds available to local agencies shall be used to
23 pay up to 50% NO MORE THAN 75% of the cost of site <--
24 development and materials and up to 100% of the cost for
25 corpsmember and crewleader wages for projects which meet the
26 requirements of this act.
27 (4) Program administration.
28 Section 8. Section 13 of the act is repealed.
29 Section 9. This act shall take effect immediately.
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