PRINTER'S NO. 883
No. 792 Session of 1989
INTRODUCED BY D. R. WRIGHT, J. L. WRIGHT, COHEN, JOSEPHS, D. W. SNYDER, ROBINSON, LETTERMAN, MICOZZIE, BISHOP, KOSINSKI, FOX, DALEY, McCALL, STEIGHNER, HERMAN, FREEMAN, ITKIN, HARPER, BATTISTO, BELARDI, CAWLEY, RYBAK, VAN HORNE, STABACK, COY, HALUSKA, BELFANTI, E. Z. TAYLOR, JOHNSON, LASHINGER, DeLUCA, MILLER, VEON, KASUNIC, SERAFINI, CORNELL, PISTELLA, LAUGHLIN AND RUDY, MARCH 14, 1989
REFERRED TO COMMITTEE ON YOUTH AND AGING, MARCH 14, 1989
AN ACT 1 Establishing the Commission for Children; and making an 2 appropriation. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Commission 7 for Children Act. 8 Section 2. Statement of intent. 9 The General Assembly, recognizing the often severe and always 10 sensitive issues surrounding concerns of children, finds that 11 the many State and local agencies responding to the problems of 12 children require coordination and interagency communication. The 13 General Assembly further finds that a need exists for a single, 14 specific organization responsible for such coordination to 15 monitor the needs of children, to plan for the meeting of these
1 needs and to increase the effectiveness and efficiency of the 2 Commonwealth's capacity to respond to the problems of children. 3 Section 3. Commission established. 4 There is established the Commission for Children consisting 5 of 15 members as follows: 6 (1) The President pro tempore of the Senate and the 7 Senate Minority Leader shall each appoint one member from the 8 present membership of the Senate Committee on Aging and 9 Youth. The Speaker of the House of Representatives and the 10 House Minority Leader shall each appoint one member from the 11 present membership of the House Committee on Health and 12 Welfare. 13 (2) The President pro tempore of the Senate and the 14 Speaker of the House of Representatives shall each appoint 15 one member of their respective chambers who has demonstrated 16 concern for children's issues. The chairman of the 17 Legislative Children's Caucus shall be the appointee of the 18 leader of the body of which he or she is a member. 19 (3) One member shall be appointed by the Speaker of the 20 House of Representatives and shall be a child psychiatrist or 21 a child psychologist. 22 (4) One member shall be appointed by the President pro 23 tempore of the Senate and shall be an active classroom 24 teacher. 25 (5) Two members shall be appointed by the Governor, one 26 a lawyer and one a pediatrician, who are knowledgeable 27 concerning issues of children. 28 (6) One member shall be appointed by the House Majority 29 Leader and shall represent a Statewide advocacy agency for 30 children. 19890H0792B0883 - 2 -
1 (7) One member shall be appointed by the Senate Majority 2 Leader and shall be a private citizen who has demonstrated an 3 interest in children's issues. 4 (8) One member shall be appointed by the President Judge 5 of the Superior Court and shall be an active judge 6 knowledgeable on children's issues. 7 (9) The Deputy Secretary of the Office of Children, 8 Youth and Families in the Department of Public Welfare shall 9 be a member. 10 (10) The Deputy Secretary for Public Health Programs in 11 the Department of Health shall be a member. 12 Section 4. Terms. 13 (a) Appointment by Governor.--The Governor shall appoint, on 14 or before July 1, 1989, one member for a term of one year and 15 one member for a term of two years. Thereafter, the Governor 16 shall appoint members to succeed those whose terms expire for 17 terms of three years; however, in any vacancy existing more than 18 90 calendar days, the Governor forfeits that appointment and the 19 Speaker of the House of Representatives shall fill the vacancy 20 in accordance with section 3. 21 (b) Appointment by speaker.--The Speaker of the House of 22 Representatives shall appoint, on or before July 1, 1989, one 23 member for a term of one year and two members for a term of 24 three years. Thereafter, he shall appoint members to succeed 25 those whose terms expire for terms of three years. 26 (c) Appointment by President pro tempore.--The President pro 27 tempore of the Senate shall appoint, on or before July 1, 1989, 28 one member for a term of one year and two members for a term of 29 three years. Thereafter, he shall appoint members to succeed 30 those whose terms expire for a term of three years. 19890H0792B0883 - 3 -
1 (d) Majority Leaders.--The House Majority Leader and the 2 Senate Majority Leader shall each appoint, on or before July 1, 3 1989, one member for a term of two years. Thereafter, they shall 4 appoint a member to succeed the member whose term expires for a 5 term of three years. 6 (e) Minority Leaders.--The House Minority Leader and the 7 Senate Minority Leader shall each appoint, on or before July 1, 8 1989, one member for a term of two years. Thereafter, they shall 9 appoint a member to succeed the member whose term expires for a 10 term of three years. 11 (f) Vacancies.--Vacancies in the appointed membership of the 12 commission shall be filled by the original appointing authority 13 for the balance of the unexpired term except in subsection (a). 14 (g) Election.--The members shall elect annually from the 15 membership a chairperson and a vice chairperson. 16 (h) Expenses.--The members of the commission shall receive 17 no compensation for their services but shall be reimbursed for 18 any necessary expenses incurred in the performance of their 19 duties. 20 Section 5. Review of statutes. 21 The commission shall review all general statutes and 22 regulations with regard to matters involving children and shall, 23 on or before July 1, 1989, and annually thereafter on or before 24 October 1, make a report of its findings with regard to any 25 matter before it with specific recommendations for legislation 26 to the General Assembly and the Governor. 27 Section 6. Commission responsibilities. 28 The commission shall meet regularly to review all matters 29 concerning children and in furtherance of that responsibility 30 shall: 19890H0792B0883 - 4 -
1 (1) Meet at least twice a year with the department 2 secretaries, State agency executive directors, and other 3 State and local officials and members of advisory committees 4 to State departments and agencies who have responsibility for 5 the expenditure of State or Federal funds on behalf of 6 children. 7 (2) Receive from the executive, legislative and judicial 8 branches requests for review and recommendation by the 9 commission on any matter related to children. 10 (3) Meet at least twice a year with representatives of 11 the judicial branch, including judges, public defenders, 12 probation officers and other representatives of the judicial 13 branch whose responsibilities include children's issues. 14 (4) Meet with and be available to representatives of 15 private providers of services to children, foster parents and 16 support groups to children for the purpose of understanding 17 their concerns with regard to the provision of services to 18 children. 19 (5) Receive from individuals and agencies identified in 20 paragraph (4) requests for review and recommendation by the 21 commission on any matter related to children and the delivery 22 of services to children. 23 (6) Review coordination and assess programs and 24 practices in all State agencies as they affect children. 25 (7) Establish a system of coordination and communication 26 between all State and private agencies involved with 27 children's issues and the commission. 28 (8) Inform leaders of the business community, education 29 community, State and local governments and the communications 30 media of the nature and scope of problems faced by children, 19890H0792B0883 - 5 -
1 in order to enlist their support in improving the statutorily 2 required services, the State budgeting process and State 3 policies concerning children. 4 (9) Serve as a liaison between government and private 5 groups concerned with children. 6 (10) Coordinate its activities with the Pennsylvania 7 Commission for Women in areas of mutual concern. 8 (11) Administer the Children's Trust Fund. 9 Section 7. Commission powers. 10 The powers of the commission shall include, but not be 11 limited to, the power to: 12 (1) Use such services of private individuals, agencies 13 and organizations, including voluntary services, as may, from 14 time to time, be offered and needed. 15 (2) Recommend policies, procedures and practices to 16 agencies and officers of the State and local governments 17 relative to children. The commission shall forward these 18 recommendations periodically to the appropriate committees of 19 the General Assembly. 20 (3) Obtain administrative, secretarial, legal and 21 technical services as it may require for the discharge of its 22 duties. 23 (4) Establish and maintain such offices as it may deem 24 necessary. 25 (5) Hold public hearings. 26 (6) Establish temporary or standing committees as 27 necessary to accomplish the purposes of this act. 28 (7) Adopt such procedures as it may deem necessary to 29 carry out the purposes of this act. 30 Section 8. Assistance. 19890H0792B0883 - 6 -
1 The Commission for Children may request and shall receive 2 from the executive, judicial and legislative branches of 3 government such information and assistance as it may require. 4 Section 9. Recognition of the Legislative Children's Caucus. 5 The General Assembly recognizes the existence of the 6 Legislative Children's Caucus which is composed of members of 7 the General Assembly. As long as members of the General Assembly 8 continue to express interest in the Legislative Children's 9 Caucus and participate in activities of the caucus, this act 10 shall recognize the Legislative Children's Caucus. 11 Section 10. Appropriation. 12 The sum of $100,000, or as much thereof as may be necessary, 13 is hereby appropriated to the Commission for Children for the 14 fiscal year July 1, 1989, to June 30, 1990, to carry out the 15 provisions of this act. 16 Section 11. Effective date. 17 This act shall take effect immediately. B1L71CHF/19890H0792B0883 - 7 -