PRIOR PRINTER'S NO. 479 PRINTER'S NO. 3387
No. 441 Session of 1987
INTRODUCED BY MORRIS, SIRIANNI, RUDY, HAYES, LLOYD, BROUJOS,
HONAMAN, BALDWIN, JOHNSON, SEMMEL, TRELLO, HERMAN, STABACK,
VROON, KUKOVICH, COY, SHOWERS, COLE, CLYMER, NOYE, STAIRS,
FARGO, BARLEY, GODSHALL, FLICK, D. W. SNYDER, FISCHER, BUNT,
McHALE, SCHEETZ, BELFANTI, VEON, HALUSKA, D. R. WRIGHT, BUSH,
HERSHEY, PETRARCA, G. SNYDER AND BOOK, FEBRUARY 24, 1987
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 6, 1988
AN ACT
1 Creating an independent commission known as the Animal Health
2 and Diagnostic Commission; establishing a fund; and making an <--
3 appropriation AND ESTABLISHING A FUND. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Animal Health
8 and Diagnostic Act.
9 Section 2. Legislative findings and intent.
10 Veterinary diagnostic support is the linchpin of any network
11 of veterinary epidemic intelligence vital to the maintenance and
12 well-being of a modern animal industry. Many diseases have
13 potentially serious consequences for animal and human health.
14 Much of the research work which is done on animal diseases has a
15 correlating effect on human disease research. The General
16 Assembly has determined there is a need to facilitate an
1 integrated approach to the diagnosis and investigation of
2 disease in farm animals. The avian flu virus brought to the
3 General Assembly's attention that there is not a laboratory in
4 Pennsylvania which can deal with this type of virus, and
5 Pennsylvania poultrymen had to send all samples to Ames, Iowa.
6 The General Assembly also finds that it is important that there
7 be diagnostic capabilities in Pennsylvania since this State is
8 one of the top poultry, dairy and animal-producing states in the
9 country. There is no doubt that the research laboratories at The
10 Pennsylvania State University and the University of Pennsylvania
11 teaching facilities are of utmost importance since they
12 correlate to the medical facilities at both of these
13 universities. To facilitate this program, it is important that
14 each diagnostic laboratory be linked together via the Extension
15 Computer Network to facilitate an integrated approach to the
16 diagnosis and investigation of disease in farm animals. It is
17 also the intent of the General Assembly to provide resources and
18 a cadre of specialists to allow planned interventions in disease
19 outbreaks rather than crisis interventions. A predictable
20 funding basis is the only manner in which to achieve these
21 necessary laboratory research and diagnostic capabilities.
22 Section 3. Creation of commission; members.
23 (a) Creation.--There is hereby created in the Department of
24 Agriculture a departmental administrative commission which shall
25 be known as the Animal Health and Diagnostic Commission.
26 (b) Membership.--
27 (1) The commission shall consist of the following 15
28 members:
29 (i) The Secretary of Agriculture of the
30 Commonwealth.
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1 (ii) The Secretary of Health of the Commonwealth.
2 (iii) The majority and minority chairmen of the
3 Agriculture Committees of both the House of
4 Representatives and the Senate.
5 (iv) Three accredited veterinarians appointed by the
6 Governor with the advice and consent of a majority of the
7 members elected to the Senate.
8 (v) Six active farmers appointed by the Governor
9 with the advice and consent of a majority of the members
10 elected to the Senate. In appointing farmer members, the
11 Governor shall consider nominees suggested by Statewide
12 farm organizations, the poultry industry and equine and
13 livestock breeding organizations.
14 (2) The Secretary of Agriculture shall serve as the
15 chairman of the commission. At the last regular meeting of
16 the commission in the calendar year, the members of the
17 commission shall elect a vice chairman from among the members
18 of the commission. The member elected vice chairman shall
19 serve in that capacity for the ensuing year.
20 (3) Each member of the commission in the categories of
21 paragraph (1)(i) through (iii) may be represented by his
22 designee.
23 (4) Five of the nine members appointed by the Governor
24 shall be appointed to an initial term of two years. All other
25 members appointed by the Governor shall serve for terms of
26 four years. A member appointed by the Governor shall hold
27 office until his successor has been duly appointed and
28 qualified according to law but no longer than six months
29 beyond the period to which the member was appointed. Any
30 members appointed by the Governor to fill a vacancy occurring
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1 otherwise than by expiration of a term shall be appointed in
2 the same way and with the same qualifications as set forth in
3 paragraph (1) and shall hold office for the remainder of the
4 unexpired term.
5 (5) Each member of the commission shall be eligible for
6 reappointment and any member appointed to the commission by
7 the Governor may be removed by the Governor for neglect of
8 duty or malfeasance in office.
9 (6) Members appointed to the commission by the Governor
10 shall receive $100 per day for each day actually engaged in
11 the business of the commission as compensation for serving as
12 members and shall devote such time and effort to the
13 prosecution of the commission's business as is necessary to
14 fulfill the commission's obligations under law. Such members
15 shall also be entitled to reimbursement in accordance with
16 Commonwealth regulations for reasonable traveling, lodging
17 and other necessary expenses incurred in the discharge of
18 their duties.
19 (7) All members shall be employed or engaged in business
20 in this Commonwealth or, if retired, shall be residents of
21 this Commonwealth.
22 (8) A majority of the members of the commission shall
23 constitute a quorum. All decisions shall require the
24 concurrence of a majority of the members of the commission.
25 The commission shall keep a full and accurate record of all
26 proceedings and of all resolutions, regulations and orders
27 issued or adopted.
28 Section 4. Establishment of fund.
29 (a) Fund established.--There is hereby established a fund,
30 which shall be an interest-bearing restricted revenue account,
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1 in which shall be deposited such moneys as are appropriated,
2 given, granted or donated to the commission, or to the program
3 provided for in this act, by the Federal Government, the
4 Commonwealth or any other governmental or private agency or
5 person.
6 (b) Use of fund.--Moneys deposited in the fund and interest
7 earned on moneys deposited in the fund shall be used solely for
8 the purpose of carrying out the provisions of this act.
9 Section 5. Powers and duties of commission.
10 The commission shall have the following powers and duties:
11 (1) To adopt, issue, amend and rescind suitable rules
12 and regulations to carry out the provisions and purposes of
13 this act.
14 (2) To hear and determine all grants allowable under
15 this act.
16 (3) To receive funds from Federal, State and private
17 sources, to deposit the funds in an interest-bearing
18 restricted revenue account pursuant to section 4 and to
19 authorize expenditures from this fund for the purposes of
20 carrying out the provisions of this act.
21 (4) To coordinate animal health, animal research and
22 animal diagnostic programs in this Commonwealth, including,
23 but not limited to, those programs conducted at The
24 Pennsylvania State University, the Department of Agriculture
25 and the University of Pennsylvania: PROVIDED, THAT THIS <--
26 COORDINATION SHALL NOT AFFECT THE DEPARTMENT OF AGRICULTURE
27 IN DISCHARGING ITS STATUTORY AND REGULATORY AUTHORITY
28 CONCERNING THE PREVENTION, CONTROL OR ERADICATION OF
29 DANGEROUS TRANSMISSIBLE DISEASES OF ANIMALS OR BIRDS.
30 (5) To make grants for, and acquire data regarding,
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1 animal health research, including, but not limited to:
2 (i) the determination of long-term animal health
3 trends within the animal health industry, with emphasis
4 upon those areas deemed most critical to the animal
5 agriculture producers, the nutrition and health of the
6 consumers, and the quality of life in rural communities;
7 (ii) the prioritization of animal health research
8 projects;
9 (iii) the maximization of receipt of grant funds
10 from Federal agencies for animal health research;
11 (iv) the maximization of receipt of funds from
12 private sources interested in animal health research;
13 (v) the distribution of funds for animal health
14 research projects to those institutions or agencies
15 within the Commonwealth which conduct contracted
16 diagnostic work in animal health;
17 (vi) the evaluation of factors involved in animal
18 health problems to determine which are biologic in origin
19 and which are caused by improper livestock management;
20 (vii) the computerized compilation, maintenance,
21 indexing and dissemination of animal health research
22 projects and results, where available, especially in
23 those cases where research was funded wholly or partially
24 by the Commonwealth;
25 (viii) the determination of the need for capital
26 funding for research facilities and equipment;
27 (ix) the conduct of annual surveys of the veterinary
28 medical profession, the food processing industries and
29 businesses related to livestock agriculture to isolate
30 trends or circumstances which may threaten animal or
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1 human health; and
2 (x) the exchange of biomedical research and
3 information between human health and animal health
4 sources, including the isolation of animal disease
5 models.
6 (6) To make grants for, and acquire data regarding,
7 animal disease diagnosis, including, but not limited to:
8 (i) the development of a coordinated reporting and
9 monitoring system for animal disease diagnosis;
10 (ii) the development of toxicological capabilities,
11 especially those related to a drug detection program for
12 horse racing and to a determination of animal health
13 problems because of the close proximity of animal
14 agriculture to mining and to oil and gas drilling;
15 (iii) the expansion of diagnostic virology
16 capabilities, especially those related to virus isolation
17 procedures; and
18 (iv) the determination of the need for capital
19 funding for animal disease diagnostic facilities and
20 equipment.
21 (7) To make recommendations to the General Assembly and
22 to the Department of Agriculture regarding animal health
23 research, animal disease diagnosis and indemnification for
24 losses caused by animal disease.
25 Section 6. Assistance by Department of Agriculture.
26 The Department of Agriculture shall assist the commission by
27 providing office space and such personnel and other
28 administrative support as needed for the execution of the
29 commission's function under this act.
30 Section 7. Grants.
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1 In exercising its powers and duties under other provisions of
2 this act and in order to improve the diagnostic capabilities of
3 the Commonwealth and reduce the costs associated with animal
4 disease, the commission shall make grants for research,
5 diagnosis, control and prevention of animal disease. The grants
6 shall be made only to those accredited institutions of higher
7 education and those agencies and organizations which are located
8 within this Commonwealth and devoted to animal health. A
9 proposal for a grant shall specify the nature of the research or
10 other work to be carried out and the anticipated benefits to the
11 Commonwealth. Amounts may be granted for the investigation of
12 particular diseases and for personnel, projects and facilities
13 related to animal disease in general. Proposals for grants shall
14 be filed with the commission in such manner as the commission
15 shall by regulation require.
16 Section 8. Appropriation. <--
17 The sum of $200,000, or as much thereof as may be necessary,
18 is appropriated to the Animal Health and Diagnostic Commission
19 for the fiscal year July 1, 1986, through June 30, 1987, to
20 carry out the provisions of this act.
21 Section 9 8. Effective date. <--
22 This act shall take effect in 60 days.
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