State of New Jersey
Executive Order #107

Governor James J. Florio

This Executive Order was rescinded by EO #36 Whitman.

WHEREAS, New Jersey's economic vitality and the standard of living of its residents depend upon a highly skilled work force and globally competitive work places; and

WHEREAS, the State's economic development strategy relies upon increasing the skills of our work force; and

WHEREAS, the State of New Jersey has embarked on a strategic restructuring of its work force education and training as part of this economic development strategy; and

WHEREAS, the New Jersey Department of Labor and the State Employment and Training Commission have key roles to play in the development of New Jersey's work force readiness system; and

WHEREAS, the Federal "Job Training Partnership Act" (Pub.L. 97-300, 29 U.S.C. 1532, hereinafter referred to as the JTPA) establishes a job training program that is currently a component of New Jersey's work force readiness system; and

WHEREAS, N.J.S.A. 34:15C-1 et seq. creates in the Executive Branch and in, but not of, the Department of Labor, a State Employment and Training Commission (hereinafter referred to as the SETC) to design and help implement a unified work force readiness system for New Jersey, independent of any supervision or control by the department or any other board or officer thereof; and

WHEREAS, the duties of the State Job Training Coordinating Council pursuant to Section 122 of Title I of the JTPA (29 U.S.C. 1532) and Title III of that Act (29 U.S.C. 1651 et seq.) are assigned to the SETC by N.J.S.A. 34:15C-6.f.; and

WHEREAS, funding for the State Job Training Coordinating Council is authorized by Section 202(b)(4) of the JTPA (29 U.S.C. 1602); and WHEREAS, the execution of the Governor's responsibility under federal employment laws has historically been defined by Executive Order, beginning with Executive Order No. 5 (Byrne 1974) through all subsequent gubernatorial administrations, to the present;

NOW THEREFORE, I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the statutes of the State of New Jersey, do hereby ORDER and DIRECT:

l. The Commissioner of Labor (hereinafter referred to as the Commissioner), is designated to act on behalf of the Governor in the planning, administration, coordination and oversight of programs under the JTPA and, to the extent not inconsistent with the JTPA or State law, shall have sole authority to apply for federal funds under the JTPA.

2. The Commissioner shall assure that the State is in compliance with the provisions of the JTPA and shall: provide for corrective actions when necessary; exercise the authority of the Governor in resolving disputes; establish planning and performance requirements; determine procedures for awarding incentive funds; and carry out such other responsibilities as specified or implied under the JTPA and its subsequent amendments.

3. The Chairman of the SETC is authorized to determine the budget necessary to carry out the SETC's responsibilities in performing the functions of the State Job Training Coordinating Council under the JTPA. The annual expenditure of an amount not to exceed twenty percent (20%) of the State's five percent (5%) administrative resources available to the Governor under the JTPA is hereby authorized.

4. Executive Order No. 22 (1982), 81 (1984), 113 (1985), 119 (1985) and 188 (1988) issued by Governor Kean are hereby rescinded.

5. This Order shall take effect immediately.

GIVEN, under my hand and seal this
21st day of October in the Year of Our
Lord, one thousand nine hundred and
ninety-three, and of the Independence
of the United States, the two hundred
and eighteenth.




/s/ Scott A. Weiner
Chief Counsel to the Governor