PRINTER'S NO. 178
No. 172 Session of 1991
INTRODUCED BY STAIRS, HERSHEY, GEIST, LESCOVITZ, BARLEY,
ARMSTRONG, RUDY, LEH, PITTS, FAIRCHILD, GODSHALL, HALUSKA,
NOYE, HERMAN, MERRY, LEE, CIVERA, BILLOW, STEELMAN, BUSH,
FLEAGLE, E. Z. TAYLOR, SEMMEL AND GERLACH, JANUARY 30, 1991
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JANUARY 30, 1991
AN ACT
1 Establishing the Agricultural Research Commission as a
2 departmental commission within the Department of Agriculture
3 and providing for its powers and duties; establishing the
4 Agricultural Research Fund; and making appropriations.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Agricultural
9 Research Law.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Commission." The Agricultural Research Commission
15 established in section 3.
16 "Department." The Department of Agriculture of the
17 Commonwealth.
1 "Fund." The Agricultural Research Fund established in
2 section 5.
3 "Secretary." The Secretary of Agriculture of the
4 Commonwealth.
5 Section 3. Agricultural Research Commission.
6 (a) Establishment.--There is hereby established a
7 departmental commission within the Department of Agriculture to
8 be known as the Agricultural Research Commission.
9 (b) Composition.--The commission shall be composed of 13
10 members, as follows:
11 (1) The Secretary of Agriculture, or his designee.
12 (2) The Director of the Bureau of Animal Industry, or
13 his designee.
14 (3) The Director of the Bureau of Plant Industry, or his
15 designee.
16 (4) The Chairman and Minority Chairman of the Senate
17 Committee on Agriculture and Rural Affairs, or their
18 designees.
19 (5) The Chairman and Minority Chairman of the House
20 Committee on Agriculture and Rural Affairs, or their
21 designees.
22 (6) Six members appointed by the Governor, with the
23 advice and consent of a majority of the elected members of
24 the Senate, selected from a list of nominees suggested by
25 Statewide farm organizations. Appointees shall be as follows:
26 one Commonwealth resident who represents the food processing
27 industry, one Commonwealth resident who is an active operator
28 of a fruit orchard, one Commonwealth resident who is an
29 active operator of a vegetable operation, one Commonwealth
30 resident who is an active farmer engaged in poultry
19910H0172B0178 - 2 -
1 production, one Commonwealth resident engaged in the
2 production of livestock and one Commonwealth resident who
3 represents equine interests.
4 (c) Chairman.--The Secretary of Agriculture, or his
5 designee, shall serve as the chairman of the commission. At its
6 annual meeting in February, the members of the commission shall
7 elect one of their members to serve as vice chairman for a
8 period of one year.
9 (d) Terms.--
10 (1) The members described in subsection (b)(1) through
11 (5) shall serve terms coterminous with that of their elected
12 or appointed office.
13 (2) The members described in subsection (b)(6) shall
14 serve terms of two years. Of the initial appointments made by
15 the Governor, three shall be for terms of one year, and three
16 shall be for terms of two years. Thereafter, the term of each
17 member shall be for two years or until his successor is
18 appointed. In the event that a vacancy occurs, a successor
19 may be appointed to fill the unexpired portion of the term.
20 Appointed members shall be reappointed only once.
21 (e) Compensation.--Members appointed by the Governor under
22 subsection (b)(6) shall receive $100 per diem while engaged in
23 business of the commission and shall be entitled to
24 reimbursement for all reasonable and necessary expenses, in
25 accordance with the rules of the Executive Board.
26 (f) Meetings and quorum.--The commission shall meet annually
27 in the month of February, but additional meetings may be
28 scheduled at the discretion of the chairman. No business shall
29 be transacted without a quorum in attendance; the presence of a
30 majority of the members shall constitute a quorum. Approval of
19910H0172B0178 - 3 -
1 any proposal shall require a majority vote of the board members
2 present.
3 Section 4. Powers and duties.
4 The commission shall have the following powers and duties:
5 (1) To determine areas or issues requiring agricultural
6 research, but not to include research involving animal
7 disease diagnosis, prevention, eradication and control.
8 (2) To obtain proposals for agricultural research from
9 public and private sources.
10 (3) To select and approve proposals for agricultural
11 research beyond the scope of animal health. Priority may be
12 given to those agricultural research proposals which indicate
13 additional industry or private source funding.
14 (4) To fund, in part or in full, approved agricultural
15 research proposals through grants based on funds available to
16 the commission and appropriated to the commission under
17 section 7.
18 (5) To negotiate or contract for the patent rights or
19 royalties on all products resulting from agricultural
20 research projects funded in part or in full by research
21 grants under section 7.
22 (6) To establish guidelines for monitoring the nature
23 and progress of projects and for written summaries of
24 projects completed and goals accomplished.
25 (7) To reject, delay or suspend funding for agricultural
26 research projects which do not meet the recordkeeping or
27 reporting requirements established by the commission.
28 (8) To submit to the Governor and the General Assembly
29 an annual report on the accomplishments of the commission,
30 including projects approved, funds expended and a summary of
19910H0172B0178 - 4 -
1 all projects completed within the year. Such report shall be
2 submitted no later than November 1 of each calendar year.
3 Section 5. Agricultural Research Fund.
4 (a) Establishment.--There is hereby established a separate
5 account in the State Treasury to be known as the Agricultural
6 Research Fund.
7 (b) Composition.--The fund shall be composed of such moneys
8 as may be granted or donated to the commission by public or
9 private organizations, agencies or persons, and such moneys as
10 may, from time to time, be appointed by the General Assembly.
11 (c) Appropriation.--All moneys in the fund are hereby
12 appropriated to the Department of Agriculture on a continuing
13 basis to carry out the provisions of this act.
14 Section 6. Relationship with Animal Health Commission.
15 Except for animal health research project contracts currently
16 in effect at the effective date of this act, no projects related
17 to animal health shall be considered for funding under this act.
18 Such projects shall be submitted for funding to the Animal
19 Health Commission established under the authority of the act of
20 December 14, 1988 (P.L.1198, No.148), known as the Animal Health
21 and Diagnostic Act.
22 Section 7. Appropriation.
23 The sum of $1,500,000, or as much thereof as may be
24 necessary, is hereby appropriated to the Department of
25 Agriculture, for the exclusive use of the Agricultural Research
26 Commission, for the fiscal period July 1, 1991, to June 30,
27 1992.
28 Section 8. Effective date.
29 This act shall take effect in 60 days.
L21L03DGS/19910H0172B0178 - 5 -