PRINTER'S NO. 418

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 406 Session of 1981


        INTRODUCED BY LASHINGER, MAIALE, SALVATORE, PRATT, MACKOWSKI,
           ALDEN, TELEK, FREIND AND E. Z. TAYLOR, FEBRUARY 3, 1981

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 3, 1981

                                     AN ACT

     1  Creating a temporary study commission to study groups which seek
     2     to unduly exert control over children and youth.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Commission created.
     6     A study commission is hereby created to conduct a study of
     7  groups and individuals, operating within and outside of this
     8  Commonwealth, which seek to unduly exert control over children
     9  and youth which is hazardous and detrimental to their general
    10  and mental health, freedom and life style and which seek to
    11  induce, by undue pressure, children and youth to participate in,
    12  or join, such groups or individuals through the use of
    13  inappropriate suggestions, hypnosis, drugs, unethical physical
    14  or social inducements and any other coercive or unacceptable
    15  methods. The study commission shall further seek to specifically
    16  identify groups and individuals by their characteristics, and
    17  gather all relative information on the manner in which groups


     1  and individuals seek to recruit and hold their members.
     2  Section 2.  Access to information.
     3     The study commission may request and shall receive from any
     4  State agency or any political subdivision assistance and data as
     5  will enable it to properly carry out its activities. Nothing
     6  shall prohibit State agencies or political subdivisions with
     7  supplying the commission with information that is pertinent and
     8  necessary to its inquiry unless such information is privileged
     9  by law.
    10  Section 3.  Commission members.
    11     The commission shall consist of the following members:
    12         (1)  Three members of the House of Representatives
    13     appointed by the Speaker.
    14         (2)  Three members of the Senate appointed by the
    15     President pro tempore.
    16         (3)  The Commissioner for Mental Health of the Department
    17     of Public Welfare.
    18         (4)  The Deputy Secretary for Children, Youth and
    19     Families of the Department of Public Welfare.
    20         (5)  The Secretary of Education.
    21         (6)  Two orphan's court judges of the courts of common
    22     pleas appointed by the Chief Justice of the Supreme Court.
    23         (7)  One public defender appointed by the Governor.
    24         (8)  One district attorney appointed by the Governor.
    25         (9)  The Attorney General or his designee.
    26         (10)  Four members to be appointed by the Governor from
    27     among the general public. Two members shall be selected from
    28     among experts in the fields of psychology, psychiatry or
    29     theology.
    30  Section 4.  Organization.
    19810H0406B0418                  - 2 -

     1     The commission shall hold meetings and hearings at the times
     2  and places it designates to accomplish the purposes set forward
     3  in this act. It shall also select a chairman and other officers
     4  from its membership as it deems necessary.
     5  Section 5.  Expenses.
     6     The members of the commission representing the general public
     7  shall receive $75 per day for each day spent on the business of
     8  the commission and shall also receive reimbursement for their
     9  reasonable expenses. The governmental members of the commission
    10  shall receive no per diem compensation but shall be reimbursed
    11  for their reasonable expenses.
    12  Section 6.  Facilities and staff.
    13     The Department of General Services shall provide office space
    14  and equipment necessary for the work of the commission. The
    15  Governor and the presiding officers of the General Assembly
    16  shall provide the necessary staff for the work of the
    17  commission. Additional personnel may only be engaged by the
    18  commission with the approval of the Governor and the presiding
    19  officers.
    20  Section 7.  Volunteers and experts.
    21     The commission may solicit volunteers or employ experts, as
    22  it deems necessary and within the limitations of the
    23  appropriation made available to it, who are knowledgeable in the
    24  behavioral sciences or other disciplines who could provide
    25  insight into the activities of the groups and individuals
    26  specified in section 1. The commission may fix the compensation
    27  of any employed experts with the approval of the Governor and
    28  the presiding officers of the General Assembly.
    29  Section 8.  Report and findings.
    30     The commission shall report its findings and recommendations
    19810H0406B0418                  - 3 -

     1  to the Governor and the General Assembly not later than June 15,
     2  1982. The report shall include recommendations as to alternative
     3  methods for protecting the children and youth of this
     4  Commonwealth from the detrimental influence of the individuals
     5  and groups specified in section 1, including necessary changes
     6  in law.
     7  Section 9.  Publications.
     8     The commission shall also cause to be published through the
     9  Department of General Services booklets to provide the children
    10  and youth of this Commonwealth with information and advice with
    11  respect to groups and individuals as described in section 1. The
    12  booklets shall be distributed and made available to any persons
    13  or organizations requesting them for use in organized programs.
    14  Section 10.  Appropriation.
    15     The sum of $       , or as much thereof as may be necessary,
    16  is appropriated from the General Fund to the commission to pay
    17  the expenses incurred by the commission.
    18  Section 11.  Effective and expiration dates.
    19     The provisions of this act shall take effect immediately and
    20  shall expire June 30, 1982.







    A13L35ML/19810H0406B0418         - 4 -