PRINTER'S NO. 386
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. 20070H0336B0386 - 2 -
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 20070H0336B0386 - 3 -
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 20070H0336B0386 - 4 -
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. A18L51SFL/20070H0336B0386 - 5 -