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                                                       PRINTER'S NO. 386

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 336 Session of 2007


        INTRODUCED BY BARRAR, ADOLPH, BAKER, BASTIAN, BELFANTI, BEYER,
           BIANCUCCI, BUXTON, CALTAGIRONE, CAPPELLI, CURRY, DALEY,
           DENLINGER, FABRIZIO, FREEMAN, GEIST, GEORGE, GIBBONS,
           GOODMAN, GRUCELA, HARHART, HENNESSEY, HESS, HUTCHINSON,
           JAMES, KING, MANN, MARKOSEK, McILHATTAN, MELIO, PETRARCA,
           PETRONE, PHILLIPS, RAYMOND, REICHLEY, SAMUELSON, SCAVELLO,
           SIPTROTH, SOLOBAY, SWANGER, THOMAS, WALKO, WATSON AND
           YOUNGBLOOD, FEBRUARY 9, 2007

        REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
           PREPAREDNESS, FEBRUARY 9, 2007

                                     AN ACT

     1  Amending Title 51 (Military Affairs) of the Pennsylvania
     2     Consolidated Statutes, to enhance assistance to veterans in
     3     this Commonwealth by establishing the Governor's Veterans
     4     Outreach and Assistance Center Program in the Department of
     5     Military and Veterans Affairs; restructuring certain
     6     administrative functions and responsibilities; transferring
     7     functions of the Department of Labor and Industry into the
     8     Department of Military and Veterans Affairs; and making an
     9     appropriation.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Title 51 of the Pennsylvania Consolidated
    13  Statutes is amended by adding a chapter to read:
    14                             CHAPTER 86
    15        GOVERNOR'S VETERANS OUTREACH AND ASSISTANCE CENTERS
    16  Sec.
    17  8601.  Definitions.
    18  8602.  Declaration of findings and purpose.

     1  8603.  Governor's Veterans Outreach and Assistance Center
     2         Program.
     3  8604.  Transfers of functions and responsibilities.
     4  8605.  Subjects of transfer.
     5  8606.  Regulations.
     6  § 8601.  Definitions.
     7     The following words and phrases when used in this chapter
     8  shall have the meanings given to them in this section unless the
     9  context clearly indicates otherwise:
    10     "Bureau."  The Bureau for Veterans' Affairs in the Department
    11  of Military and Veterans Affairs.
    12     "Entity."  A general reference to one or more departments,
    13  divisions, boards, agencies, commissions or organizations
    14  involved in the performance of the executive or administrative
    15  work of the Commonwealth.
    16     "Program."  The Governor's Veterans Outreach and Assistance
    17  Center Program established by this chapter.
    18     "Subjects of transfer."  Powers, duties, personnel,
    19  appropriations, allocations, documents, files, records,
    20  contracts, agreements, equipment, material, orders, rights and
    21  obligations utilized or accruing in connection with functions
    22  transferred from one entity to another under this chapter.
    23  § 8602.  Declaration of findings and purpose.
    24     The General Assembly finds and declares that:
    25         (1)  The five Governor's Veterans Outreach and Assistance
    26     Centers currently in existence are, despite lacking any
    27     specific statutory authorization, providing a variety of
    28     valuable services to this Commonwealth's veterans.
    29         (2)  A program should be formally established in law to
    30     guarantee continuity in the provision of such services.
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     1         (3)  It is the purpose of this chapter to more
     2     effectively address the problems of this Commonwealth's
     3     veterans by establishing a program, providing for the more
     4     efficient delivery of services and effecting an improvement
     5     in the coordination of resources available to this
     6     Commonwealth's military veterans.
     7  § 8603.  Governor's Veterans Outreach and Assistance Center
     8             Program.
     9     The Governor's Veterans Outreach and Assistance Center
    10  Program is established in the department. The program shall be
    11  administered by the bureau, which shall determine the proper
    12  scope and extent of the program consistent with this chapter.
    13  § 8604.  Transfers of functions and responsibilities.
    14     (a)  Transfer to department.--
    15         (1)  On October 1, 2007, as part of the program, the
    16     bureau shall assume responsibility for the programs currently
    17     administered by the five existing Governor's Veterans
    18     Outreach and Assistance Centers. On that date, the bureau
    19     shall assume direct operational control and ownership of the
    20     subjects of transfer possessed by the five existing
    21     Governor's Veterans Outreach and Assistance Centers.
    22         (2)  The following functions of the Department of Labor
    23     and Industry are transferred to the Department of Military
    24     and Veterans Affairs:
    25             (i)  All powers and duties, not otherwise expressly
    26         transferred elsewhere by this chapter, and currently
    27         performed by the five existing Governor's Veterans
    28         Outreach and Assistance Centers.
    29             (ii)  Any related functions under the act of April 9,
    30         1929 (P.L.177, No.175), known as The Administrative Code
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     1         of 1929.
     2             (iii)  All other acts or parts of acts,
     3         reorganization plans and executive orders that imposed
     4         powers and duties upon the existing Governor's Veterans
     5         Outreach and Assistance Centers.
     6     (b)  Duties of Department of Labor and Industry.--The
     7  Department of Labor and Industry shall:
     8         (1)  Keep in force all current approved contracts
     9     pertaining to the Governor's Veterans Outreach and Assistance
    10     Centers, including, but not limited to, those under any
    11     Governor's special grant program.
    12         (2)  Continue to function, until October 1, 2007, as the
    13     Commonwealth agency responsible for insuring that existing
    14     contracts are executed in compliance with Federal laws and
    15     regulations.
    16     (c)  Coordination of functions.--The Department of Labor and
    17  Industry and the Department of Military and Veterans Affairs
    18  shall cooperate and coordinate, pursuant to section 501 of The
    19  Administrative Code of 1929, with regard to:
    20         (1)  Receiving, processing and sharing all reports as may
    21     be required under the terms of current contracts pertaining
    22     to the existing Governor's Veterans Outreach and Assistance
    23     Centers or by Federal or State law or regulation.
    24         (2)  Technical assistance with regard to the development
    25     of all contracts starting on October 1, 2007.
    26         (3)  Obtaining and allocating any future funding that may
    27     be available from the Federal government for the continued
    28     operation of the program.
    29  § 8605.  Subjects of transfer.
    30     (a)  General rule.--Any subjects of transfer from the
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     1  Department of Labor and Industry and the existing Governor's
     2  Veteran Outreach and Assistance Centers under this chapter are
     3  transferred to the Department of Military and Veterans Affairs
     4  with the same force and effect as if those subjects of transfer
     5  had originally belonged to or had been incurred or entered into
     6  by the Department of Military and Veterans Affairs.
     7     (b)  Employees.--The department shall employ those
     8  individuals currently staffing the existing Governor's Veterans
     9  Outreach and Assistance Centers, irrespective of whether the
    10  individuals have heretofore been considered employees of the
    11  centers or independent contractors. The employees shall be
    12  granted civil service status in the same manner as other
    13  similarly situated employees of the department.
    14  § 8606.  Regulations.
    15     (a)  Authorization.--The department shall have the power and
    16  duty to promulgate regulations to administer the respective
    17  functions transferred to it under this chapter.
    18     (b)  Continuation.--The regulations of the Department of
    19  Labor and Industry for the administration of the functions
    20  transferred under this chapter shall remain in effect until such
    21  time as new regulations are promulgated under subsection (a).
    22     Section 2.  All acts and parts of acts are repealed insofar
    23  as they are inconsistent with this act.
    24     Section 3.  The sum of $1,250,000, or as much thereof as may
    25  be necessary, is hereby appropriated to the Department of
    26  Military and Veterans Affairs for the fiscal year July 1, 2007,
    27  to June 30, 2008, to carry out the provisions of this act.
    28     Section 4.  This act shall take effect immediately.


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