SENATE AMENDED PRINTER'S NOS. 24, 1266, 1978 PRINTER'S NO. 2301
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 TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 29, 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 FOR 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), 19890H0022B2301 - 2 -
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 19890H0022B2301 - 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 19890H0022B2301 - 4 -
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 19890H0022B2301 - 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 19890H0022B2301 - 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 19890H0022B2301 - 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 19890H0022B2301 - 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., AMENDED JULY <-- 29 9, 1987 (P.L.232, NO.40), IS AMENDED TO READ: 30 SECTION 13. EXPIRATION. 19890H0022B2301 - 9 -
1 THIS ACT AND THE PENNSYLVANIA CONSERVATION CORPS PROGRAM
2 SHALL EXPIRE JUNE 30, [1989] 1991.
3 Section 9. This act shall take effect immediately.
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