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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BARRAR, ADOLPH, BELFANTI, BUXTON, CALTAGIRONE, FABRIZIO, GEIST, GEORGE, GIBBONS, HARKINS, HENNESSEY, HESS, KILLION, MANN, MELIO, MICCARELLI, M. O'BRIEN, PHILLIPS, REICHLEY, SCAVELLO, SIPTROTH, SWANGER, VULAKOVICH, WALKO AND WATSON, FEBRUARY 2, 2009 |
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| REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 2, 2009 |
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| AN ACT |
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1 | Amending Title 51 (Military Affairs) of the Pennsylvania |
2 | Consolidated Statutes, establishing the Governor's Veterans |
3 | Outreach and Assistance Center Program in the Department of |
4 | Military and Veterans Affairs; restructuring certain |
5 | administrative functions and responsibilities; transferring |
6 | functions of the Department of Labor and Industry to the |
7 | Department of Military and Veterans Affairs; and making an |
8 | appropriation. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Title 51 of the Pennsylvania Consolidated |
12 | Statutes is amended by adding a chapter to read: |
13 | CHAPTER 86 |
14 | GOVERNOR'S VETERANS OUTREACH AND ASSISTANCE CENTERS |
15 | Sec. |
16 | 8601. Definitions. |
17 | 8602. Declaration of findings and purpose. |
18 | 8603. Governor's Veterans Outreach and Assistance Center |
19 | Program. |
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1 | 8604. Transfers of functions and responsibilities. |
2 | 8605. Subjects of transfer. |
3 | 8606. Regulations. |
4 | § 8601. Definitions. |
5 | The following words and phrases when used in this chapter |
6 | shall have the meanings given to them in this section unless the |
7 | context clearly indicates otherwise: |
8 | "Bureau." The Bureau for Veterans Affairs in the Department |
9 | of Military and Veterans Affairs. |
10 | "Entity." A general reference to one or more departments, |
11 | divisions, boards, agencies, commissions or organizations |
12 | involved in the performance of the executive or administrative |
13 | work of the Commonwealth. |
14 | "Program." The Governor's Veterans Outreach and Assistance |
15 | Center Program established by this chapter. |
16 | "Subjects of transfer." Powers, duties, personnel, |
17 | appropriations, allocations, documents, files, records, |
18 | contracts, agreements, equipment, material, orders, rights and |
19 | obligations utilized or accruing in connection with functions |
20 | transferred from one entity to another under this chapter. |
21 | § 8602. Declaration of findings and purpose. |
22 | The General Assembly finds and declares that: |
23 | (1) The five Governor's Veterans Outreach and Assistance |
24 | Centers currently in existence are, despite lacking any |
25 | specific statutory authorization, providing a variety of |
26 | valuable services to this Commonwealth's veterans. |
27 | (2) A program should be formally established in law to |
28 | guarantee continuity in the provision of such services. |
29 | (3) It is the purpose of this chapter to address more |
30 | effectively the problems of this Commonwealth's veterans by |
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1 | establishing a program, providing for the more efficient |
2 | delivery of services and effecting an improvement in the |
3 | coordination of resources available to this Commonwealth's |
4 | military veterans. |
5 | § 8603. Governor's Veterans Outreach and Assistance Center |
6 | Program. |
7 | The Governor's Veterans Outreach and Assistance Center |
8 | Program is established in the department. The program shall be |
9 | administered by the bureau, which shall determine the proper |
10 | scope and extent of the program consistent with this chapter. |
11 | § 8604. Transfers of functions and responsibilities. |
12 | (a) Transfer to department.-- |
13 | (1) On October 1, 2009, as part of the program, the |
14 | bureau shall assume responsibility for the programs currently |
15 | administered by the five existing Governor's Veterans |
16 | Outreach and Assistance Centers. On that date, the bureau |
17 | shall assume direct operational control and ownership of the |
18 | subjects of transfer possessed by the five existing |
19 | Governor's Veterans Outreach and Assistance Centers. |
20 | (2) The following functions of the Department of Labor |
21 | and Industry are transferred to the Department of Military |
22 | and Veterans Affairs: |
23 | (i) All powers and duties, not otherwise expressly |
24 | transferred elsewhere by this chapter, and currently |
25 | performed by the five existing Governor's Veterans |
26 | Outreach and Assistance Centers. |
27 | (ii) Any related functions under the act of April 9, |
28 | 1929 (P.L.177, No.175), known as The Administrative Code |
29 | of 1929. |
30 | (iii) All other acts or parts of acts, |
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1 | reorganization plans and executive orders that imposed |
2 | powers and duties upon the existing Governor's Veterans |
3 | Outreach and Assistance Centers. |
4 | (b) Duties of Department of Labor and Industry.--The |
5 | Department of Labor and Industry shall: |
6 | (1) Keep in force all current approved contracts |
7 | pertaining to the Governor's Veterans Outreach and Assistance |
8 | Centers, including, but not limited to, those under any |
9 | Governor's special grant program. |
10 | (2) Continue to function, until October 1, 2009, as the |
11 | Commonwealth agency responsible for insuring that existing |
12 | contracts are executed in compliance with Federal laws and |
13 | regulations. |
14 | (c) Coordination of functions.--The Department of Labor and |
15 | Industry and the Department of Military and Veterans Affairs |
16 | shall cooperate and coordinate, pursuant to section 501 of The |
17 | Administrative Code of 1929, with regard to: |
18 | (1) Receiving, processing and sharing all reports as may |
19 | be required under the terms of current contracts pertaining |
20 | to the existing Governor's Veterans Outreach and Assistance |
21 | Centers or by Federal or State law or regulation. |
22 | (2) Technical assistance with regard to the development |
23 | of all contracts starting on October 1, 2009. |
24 | (3) Obtaining and allocating any future funding that may |
25 | be available from the Federal Government for the continued |
26 | operation of the program. |
27 | § 8605. Subjects of transfer. |
28 | (a) General rule.--Any subjects of transfer from the |
29 | Department of Labor and Industry and the existing Governor's |
30 | Veteran Outreach and Assistance Centers under this chapter are |
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1 | transferred to the Department of Military and Veterans Affairs |
2 | with the same force and effect as if those subjects of transfer |
3 | had originally belonged to or had been incurred or entered into |
4 | by the Department of Military and Veterans Affairs. |
5 | (b) Employees.--The department shall employ those |
6 | individuals currently staffing the existing Governor's Veterans |
7 | Outreach and Assistance Centers, irrespective of whether the |
8 | individuals have heretofore been considered employees of the |
9 | centers or independent contractors. The employees shall be |
10 | granted civil service status in the same manner as other |
11 | similarly situated employees of the department. |
12 | § 8606. Regulations. |
13 | (a) Authorization.--The department shall have the power and |
14 | duty to promulgate regulations to administer the respective |
15 | functions transferred to it under this chapter. |
16 | (b) Continuation.--The regulations of the Department of |
17 | Labor and Industry for the administration of the functions |
18 | transferred under this chapter shall remain in effect until such |
19 | time as new regulations are promulgated under subsection (a). |
20 | Section 2. All acts and parts of acts are repealed insofar |
21 | as they are inconsistent with this act. |
22 | Section 3. The sum of $1,250,000, or as much thereof as may |
23 | be necessary, is hereby appropriated to the Department of |
24 | Military and Veterans Affairs for the fiscal year July 1, 2009, |
25 | to June 30, 2010, to carry out the provisions of this act. |
26 | Section 4. This act shall take effect immediately. |
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