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PRINTER'S NO. 1949
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1651
Session of
2023
INTRODUCED BY WENTLING, PICKETT AND M. JONES, AUGUST 30, 2023
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 30, 2023
AN ACT
Amending the act of June 27, 1996 (P.L.403, No.58), entitled "An
act to enhance community and economic development in this
Commonwealth by restructuring certain administrative
functions and entities; changing the name of the Department
of Commerce to the Department of Community and Economic
Development; transferring functions of the Department of
Community Affairs into the Department of Community and
Economic Development and other agencies; providing for a
Deputy Secretary for Community Affairs and Development in the
Department of Community and Economic Development;
establishing the Center for Local Government Services and the
Local Government Advisory Committee; establishing the Small
Business Advocacy Council; conferring powers and duties on
the Legislative Reference Bureau; and making repeals," in
transfers of functions, transferring functions, duties and
entities to Department of Community and Economic Development;
in restructuring of certain administrative entities,
providing for State Apprenticeship and Training Council; in
restructuring of certain memberships and participation,
providing for membership on State Apprenticeship and Training
Council; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 27, 1996 (P.L.403, No.58), known
as the Community and Economic Development Enhancement Act, is
amended by adding sections to read:
Section 302.1. Transfers from Department of Labor and Industry
and Department of Human Services.
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(a) Transfers from Department of Labor and Industry.--The
following functions, duties and entities of the Department of
Labor and Industry shall be transferred to the department:
(1) The duties of the Commonwealth under 29 U.S.C. §§
3161 (relating to general authorization), 3162 (relating to
State allotments), 3163 (relating to within State
allocations), 3164 (relating to use of funds for youth
workforce investment activities), 3171 (relating to general
authorization), 3172 (relating to State allotments), 3173
(relating to within State allocations) and 3174 (relating to
use of funds for employment and training activities).
(2) The duties of the Commonwealth under 29 U.S.C. §§ 49
(relating to United States Employment Service established),
49a (relating to definitions), 49b (relating to duties of
Secretary), 49c (relating to acceptance by States; creation
of State agencies), 49d (relating to appropriations;
certification for payment to States), 49e (relating to
allotment of funds), 49f (relating to percentage disposition
of allotted funds), 49g (relating to State plans), 49h
(relating to fiscal controls and accounting procedures), 49i
(relating to recordkeeping and accountability), 49j (relating
to notice of strikes and lockouts to applicants), 49k
(relating to rules and regulations) and 49l (relating to
miscellaneous operating authorities).
(3) The duties of the Commonwealth under 29 U.S.C. Ch.
23 (relating to worker adjustment and retraining
notification).
(4) The duties of the Commonwealth under 19 U.S.C. §§
2295 (relating to employment and case management services),
2295a (relating to limitations on administrative expenses and
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employment and case management services), 2296 (relating to
training), 2297 (relating to job search allowances) and 2298
(relating to relocation allowances).
(5) The duties under section 2599.4 of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949.
(6) The duties under the act of July 14, 1961 (P.L.604,
No.304), known as The Apprenticeship and Training Act.
(7) The duties under Chapter 13 of the act of December
18, 2001 (P.L.949, No.114), known as the Workforce
Development Act.
(8) The Apprenticeship and Training Office.
(9) The Center for Workforce Information and Analysis.
(10) The Commonwealth Workforce Development System.
(11) The New Choices/New Options program.
(b) Transfers from Department of Human Services.--The
following functions, duties and entities of the Department of
Human Services shall be transferred to the department:
(1) Employment and training programs funded under 42
U.S.C. Ch. 7 Subch. IV Pt. A (relating to block grants to
states for temporary assistance for needy families).
(2) Employment and training programs under 7 U.S.C. §
2015(d)(4) (relating to eligibility disqualifications).
(3) The Keystone Education Yields Success (KEYS) Program
established under section 405.1B of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code.
(c) Functions to be consolidated.--
(1) The functions transferred to the department under
subsections (a) and (b) shall be consolidated with similar
functions of the department within the department into the
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division, section or other organizational entity devoted to
workforce development.
(2) The Governor shall appoint a Deputy Secretary for
Workforce Development, who shall have the powers and perform
the functions and duties transferred to the department under
subsections (a) and (b) and other functions and duties
authorized by the Governor.
(d) Office of Vocational Rehabilitation.--The department and
the Department of Labor and Industry shall enter into a
memorandum of understanding under which the services provided
under 29 U.S.C. Ch. 16 Subch. I (relating to vocational
rehabilitation services), other than 29 U.S.C. § 732 (relating
to client assistance program) or 741 (relating to vocational
rehabilitation services grants) that relate to vocational
rehabilitation services are, to the maximum extent practicable,
provided by the department.
(e) Documentation required for Federal programs.--The
department shall provide any necessary data, documentation or
verification needed by the Department of Labor and Industry or
the Department of Human Services which may be necessary to
effectuate the transfers under subsections (a) and (b).
Section 903. State Apprenticeship and Training Council.
The State Apprenticeship and Training Council as provided for
in section 3 of the act of July 14, 1961 (P.L.604, No.304),
known as The Apprenticeship and Training Act, is placed in and
made a departmental board of the Department of Community and
Economic Development.
Section 1111. Membership on State Apprenticeship and Training
Council.
In place of the membership of the Deputy Secretary of the
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Department of Labor and Industry on the State Apprenticeship and
Training Council under section 3 of the act of July 14, 1961
(P.L.604, No.304), known as The Apprenticeship and Training Act,
the Deputy Secretary for Workforce Development shall serve as an
ex officio member of the council but shall not be entitled to
vote, except that in the event of a tie vote, the Deputy
Secretary for Workforce Development shall have the right to cast
the tie-breaking vote.
Section 2. Section 3 of the act of July 14, 1961 (P.L.604,
No.304), known as The Apprenticeship and Training Act, is
repealed to the extent that it is inconsistent with the addition
of sections 302.1, 903 and 1111 of the act.
Section 3. This act shall take effect in 180 days.
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