PRINTER'S NO. 1253
No. 1103 Session of 1991
INTRODUCED BY FREEMAN, McHUGH, SCHULER, COHEN, VEON, BILLOW,
PISTELLA, WOZNIAK, MELIO, DALEY, HERMAN, KOSINSKI, ARGALL,
LAUGHLIN, ITKIN, McCALL, STURLA, TIGUE AND BATTISTO,
APRIL 10, 1991
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 10, 1991
AN ACT
1 Establishing the Pennsylvania Heritage Affairs Commission and
2 prescribing its powers and duties; and providing for a
3 director of State folk programs and the Folk Advisory
4 Council.
5 The General Assembly finds and declares as follows:
6 (1) This Commonwealth has historically served as a
7 homeland for people from nations of the world seeking a new
8 life in freedom and dignity.
9 (2) These peoples and their succeeding generations have
10 made worthy contributions to the development and growth of
11 this Commonwealth.
12 (3) The Commonwealth recognizes its responsibility to
13 foster the awareness, understanding and appreciation of the
14 many and varied contributions to the quality of life made by
15 its diverse ethnic communities.
16 (4) The values and beliefs of this Commonwealth's many
17 ethnic communities shape and affect public and private life.
18 (5) It is in the public interest for the Commonwealth
1 and its citizens to develop programs to identify, conserve
2 and perpetuate the diverse cultural and ethnic heritage of
3 this Commonwealth and to promote greater awareness and
4 understanding for the education, inspiration and the general
5 public welfare of all the people, including future
6 generations.
7 (6) Both the Commonwealth and its diverse population
8 have a vital interest in promoting ethnic understanding for
9 their mutual benefit and in providing a unity of purpose.
10 (7) It is in the interest of the Commonwealth and its
11 citizens to be aware of cultural heritage as a key element in
12 public policy, its planning and program development.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title.
16 This act shall be known and may be cited as the Heritage
17 Affairs Act.
18 Section 2. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Commission." The Pennsylvania Heritage Affairs Commission.
23 "Cultural heritage." The traditional expressive culture
24 within the various groups in this Commonwealth, including
25 familial, ethnic, occupational, religious and regional groups.
26 Expressive culture consists of a wide range of creative and
27 symbolic forms, including, but not limited to, custom, belief,
28 technical skill, language, literature, art, architecture, music,
29 play, dance, drama, ritual, pageantry and handicrafts. These
30 expressions are mainly learned orally, by imitation or in
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1 performance and are generally maintained without benefit of
2 formal instruction or institutional direction. Cultural heritage
3 encompasses the values, beliefs and community structures that
4 underlie its expression.
5 Section 3. Pennsylvania Heritage Affairs Commission.
6 (a) Membership.--The Pennsylvania Heritage Affairs
7 Commission is established within the Department of Community
8 Affairs. The commission shall consist of:
9 (1) Not less than 37 citizens of this Commonwealth who
10 shall be appointed by the Governor upon demonstrated support
11 from ethnic community organizations. These members shall be
12 broadly representative of the ethnic communities within this
13 Commonwealth.
14 (2) Nine citizens of this Commonwealth who shall be
15 appointed by the Governor as at-large members.
16 (3) Four members who shall be appointed from the General
17 Assembly in the following manner:
18 (i) two members of the Senate, one from the majority
19 party appointed by the President pro tempore, and one
20 from the minority party appointed by the Minority Leader;
21 and
22 (ii) two members of the House of Representatives,
23 one from the majority party appointed by the Speaker of
24 the House and one from the minority party appointed by
25 the Minority Leader.
26 (4) The Lieutenant Governor who shall serve as the
27 chairperson of the commission and executive committee. The
28 chairperson shall not be a voting member of the commission.
29 (5) Representatives of State departments or agencies who
30 may be designated by the Governor as ex officio members.
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1 (b) Executive committee.--The at-large members and the
2 legislative members shall constitute an executive committee
3 responsible for the ongoing programs of the commission under the
4 direction of the executive director.
5 (c) Terms.--Members shall serve for two years. The terms of
6 legislative members shall correspond with the beginning and
7 close of each regular session of the General Assembly.
8 (d) Vacancies.--Appointments to fill vacancies created by
9 the resignation, removal or death of a member shall be for the
10 unexpired term of the vacancy.
11 (e) Quorum.--A majority of the members shall constitute a
12 quorum for conducting official business of the commission.
13 (f) Compensation.--Members of the commission and its
14 advisory councils shall serve without salary or compensation,
15 other than reimbursement for actual and necessary expenses
16 incurred while attending official meetings or performing other
17 official functions in accordance with procedures established by
18 the Executive Board.
19 Section 4. Powers and duties of commission.
20 The commission shall:
21 (1) Coordinate government programs and activities
22 relating to or affecting ethnic groups, individuals,
23 organizations, institutions or communities in general,
24 including their social, economic, educational and cultural
25 concerns.
26 (2) Assist government agencies and nongovernment
27 organizations in understanding unique cultural traditions
28 when providing human services and health care to ethnic
29 groups, individuals, organizations or communities in general.
30 (3) Assist government agencies and nongovernment
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1 organizations to avoid unnecessary disruption and mitigate
2 the possible negative impact of programs and projects on the
3 cultural heritage of this Commonwealth.
4 (4) Assist government agencies and nongovernment
5 organizations to address and reduce ethnic tension and crimes
6 motivated by hatred toward the race, color, religion or
7 national origin of another individual or group of individuals
8 in this Commonwealth.
9 (5) Commemorate historical events and officially
10 recognize accomplishments and contributions to this
11 Commonwealth by individuals or organizations within the
12 ethnic communities of this Commonwealth.
13 (6) Sponsor and promote events and projects that will
14 increase the public's knowledge and appreciation of the
15 diverse cultural heritage of this Commonwealth.
16 (7) Establish and maintain associations with ethnic
17 organizations and associations in this Commonwealth.
18 (8) Provide technical and financial assistance to public
19 agencies and private organizations engaged in ethnic or
20 cultural awareness activities.
21 (9) Solicit, receive and utilize funds from public or
22 private sources to promote awareness of the ethnic and
23 cultural heritage of this Commonwealth.
24 (10) Establish advisory councils as appropriate to
25 provide specialized expertise to the commission and its
26 staff.
27 (11) Meet at the call of the chairperson.
28 (12) Adopt appropriate procedures for the implementation
29 of this act.
30 Section 5. Executive director.
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1 The commission shall have an executive director, to be
2 appointed by the Executive Committee to administer the programs
3 of the commission and other personnel as may be necessary to
4 assist the executive director and the commission. The executive
5 director shall have a demonstrated sensitivity toward cultural
6 conservation and competence in administrative procedures.
7 Section 6. Director of State folk programs.
8 To aid the conservation of the diverse cultural heritage of
9 this Commonwealth, a director of State folk programs shall be
10 appointed by the executive director of the commission upon
11 recommendation of the Folk Advisory Council. The director of
12 State folk programs shall serve as a resource and as a catalyst
13 to individuals, organizations and communities throughout this
14 Commonwealth who seek to preserve and present their cultural
15 heritage to the general public. The director of State folk
16 programs shall seek appropriate means for documentation,
17 presentation and interpretation of the diverse folk cultural
18 traditions of this Commonwealth.
19 Section 7. Folk Advisory Council.
20 (a) Appointment.--Upon recommendation by the executive
21 committee and the executive director, the Governor shall appoint
22 specialists in ethnic and folk cultural studies and programming
23 to serve on the Folk Advisory Council which shall advise the
24 director of State folk programs.
25 (b) Membership.--The council shall be composed of 11
26 members, reflecting a broad geographic distribution within this
27 Commonwealth.
28 (c) Terms.--Council members shall serve for a period of two
29 years.
30 (d) Chairperson.--A chairperson shall be chosen by a
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1 majority vote of the advisory council members present at a
2 regularly scheduled meeting.
3 Section 8. Interagency cooperation.
4 Staff and resources in the various State agencies are
5 directed to cooperate with and assist the commission in
6 fulfilling its duties at the request of the commission's
7 chairperson.
8 Section 9. Allocation of appropriations.
9 Appropriations to the commission shall be allocated to the
10 general government operations fund of the Department of
11 Community Affairs.
12 Section 10. Effective date.
13 This act shall take effect in 60 days.
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