[wiaattorneys] Re: WIA Sec 193 - Use of Certain Real Property

  • From: "King, Jack \(EOL\)" <Jack.King@xxxxxxxxxxx>
  • To: <Bsimoneau@xxxxxxxxx>, "WIA Attorneys List" <wiaattorneys@xxxxxxxxxxxxx>
  • Date: Fri, 2 Feb 2007 12:01:22 -0500

I have just spoken to a staffer in New York State about this language.
It is their understanding that the language is intended to substitute
for some NY-specific language that had been proposed some weeks ago on
their behalf, which would have allowed that state to sell a SESA-owned
building, and use the proceeds for ES/UI administrative purposes
generally. Under current law, such a sale would require that the
proceeds be used only to acquire or improve SESA real property.
While this new language is certainly desirable in regard to allowing
broader use of sale proceeds, its striking of current law sec. 193
language allowing Governors to make SESA real property  "available for
the use of a one-stop service delivery system" is  very undesirable,
from our perspective. This change would prohibit, on a going forward
basis, the use of SESA property by WIA Title I operators, Workforce
Investment Boards, and all other members of the "one-stop system" who
are not ES or UI.
Perhaps this provision can be recrafted so that it retains the
current-law language on property use, while including the proposed
broader language that would affect property sales.
Jack King, Esq.
Senior Policy Advisor
Commonwealth of Massachusetts
Department of Workforce Development
1 Ashburton Place, 21st floor
Boston, Mass. 02108
-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Bob Simoneau
Sent: Thursday, February 01, 2007 3:58 PM
To: WIA Attorneys List
Subject: [wiaattorneys] WIA Sec 193 - Use of Certain Real Property
Importance: High
WIA Attorneys' Workgroup members:
Request for responses needed by noon (EST) on Friday, February 2.  Sorry
for the short turn-around time.
The House Joint Resolution 20, which passed the House of Representatives
yesterday, includes language regarding "Real Property" funded by WIA and
Wagner-Peyser.  Attached is a document with the current WIA legislation
as passed in 1998, and the proposed language in HJRes 20, which would
amend Section 193 of WIA  I would appreciate your assistance - and
expertise - in interpreting this new language into "English" :).   What
is the impact to states on their real property?  I know this has been a
major issue in several states, and you have a better handle on what it
means and the impact.
Also, as you know, on October 20, 2004, the Employment and Training
Administration published TEGL 7-04, "Issues Related to Real Property
Used for ETA Program Purposes."  I presume this guidance letter would
have to be taken into consideration when deciphering this language.
I've attached a copy of TEGL 7-04 - and its attachments, including Sec
667.260 of the WIA Regulations 20 CFR Part 652 (August 11, 2000) in case
you want to reference it.
I sincerely appreciate any response (interpretation), input and
Bob Simoneau 
Workforce Development Director 
444 North Capitol Street, NW  #142 
Washington, D.C.  20001 
(202) 434-8020 
Fax (202) 434-8033 

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