PRINTER'S NO. 2
No. 2 Session of 1977
INTRODUCED BY MEBUS, RYAN, BERLIN, CESSAR, SPENCER, KLINGAMAN,
GALLEN, S. E. HAYES JR., A. C. FOSTER JR., POLITE, DORR,
LEVI, POTT, CIMINI, LEHR, MOWERY, GOEBEL, PICCOLA, HELFRICK,
HALVERSON, GEESEY, WEIDNER, STAIRS, SCHEAFFER, ANDERSON,
MACKOWSKI, W. W. FOSTER, NOYE, SCIRICA, McCLATCHY, YOHN,
J. L. WRIGHT JR. AND FREIND, JANUARY 19, 1977
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 19, 1977
AN ACT
1 Relating to the expiration, continuation or reenactment of
2 boards, councils, commissions and agencies.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Legislative findings.
6 The General Assembly finds that State Government has produced
7 an inexorable increase in numbers of agencies, growth of
8 programs, and proliferation of rules and regulations and that
9 the whole process developed without adequate legislative
10 oversight, regulatory accountability, or a system of checks and
11 balances. The General Assembly further finds that by
12 establishing a system for the termination, continuation, or
13 reestablishment of such agencies, it will be in a better
14 position to evaluate the need for the continued existence of
15 existing and future regulatory bodies.
16 Section 2. Scope of application.
1 The provisions of this act shall apply to every board,
2 council, commission, independent commission, committee, agency
3 and task force of State Government which is created by an act of
4 the General Assembly or by appointment of the Governor.
5 Section 3. Termination of boards, commissions, councils and
6 agencies.
7 (a) Unless specifically authorized to continue in being and
8 function by act of the General Assembly subsequent to the
9 effective date of this act, every board, commission, council and
10 agency heretofore created by law, or by resolution adopted
11 jointly by the House of Representatives and the Senate or by
12 either of them, shall wind up its affairs and go out of
13 existence according to the following schedule:
14 (1) On July 1, 1978
15 The State Board of Medical Education and Licensure
16 The State Board of Nurse Examiners
17 The State Dental Council and Examining Board
18 State Board of Motor Vehicle Manufacturers, Dealers
19 and Salesmen
20 The Mobile Home Standards Advisory Commission
21 The Advisory Committee for the Aging
22 The Advisory Committee for Nursing Home
23 Administrators
24 The Advisory Committee to the Nursing Home Ombudsman
25 Demonstration Project
26 The State Board of Cosmetology
27 The State Board of Barber Examiners
28 The State Registration Board for Professional
29 Engineers
30 The State Board of Funeral Directors
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1 The State Board of Optometrical Examiners
2 The State Board of Pharmacy
3 The State Board of Podiatry Examiners
4 The Pennsylvania Board of Psychologist Examiners
5 The State Board for the Examination of Public
6 Accountants
7 The State Real Estate Commission
8 The State Board of Veterinary Medical Examiners
9 The State Board of the Examination of Architects
10 The State Board of the Examination of Landscape
11 Architects
12 The State Board of the Examination of Auctioneer
13 Examiners
14 The State Board of the Examination of Chiropractic
15 Examiners
16 The Port Authority of the City of Erie
17 The State Highway and Bridge Authority
18 The Hazardous Substances Transportation Board
19 The Pennsylvania Parkway Commission
20 The Southeastern Pennsylvania Transportation
21 Authority
22 The State Transportation Commission
23 The Pennsylvania Turnpike Commission
24 The Delaware Valley Regional Planning Commission
25 The Governor's Youth Traffic Council
26 The Governor's Traffic Safety Council
27 The Regional Transportation Task Force
28 The Examiners for the Pennsylvania Liquor Control
29 Board
30 The Pennsylvania Liquor Control Board
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1 The Armory Board of the State of Pennsylvania
2 The Pennsylvania National Guard General Officers
3 The State Veterans' Commission
4 The State Military Reservation Commission
5 The State Council of Civil Defense
6 The Commission on Charitable Organizations
7 The State Horse Racing Commission
8 The State Harness Racing Commission
9 The State Civil Service Commission
10 The State Lottery Commission
11 The Municipal Police Officers' Education and Training
12 Commission
13 The Governor's Commission on Fire Prevention and
14 Control
15 (2) July 1, 1979
16 Board of Trustees for the Allentown State Hospital
17 Board of Trustees for the Ashland State General
18 Hospital
19 The Board of Trustees for the Clarks Summit State
20 Hospital
21 The Board of Trustees for the Coaldale State General
22 Hospital
23 The Board of Trustees for the Connellsville State
24 General Hospital
25 The Board of Trustees for the Cresson Center
26 The Board of Trustees for the Danville State Hospital
27 The Board of Trustees for the Dixmont State Hospital
28 The Board of Trustees for the Eastern State School
29 and Hospital
30 The Board of Trustees for the Ebensburg Center
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1 The Board of Trustees for the Embreeville State
2 Hospital
3 The Board of Trustees for the Farview State Hospital
4 The Board of Trustees for the Hamburg Center
5 The Board of Trustees for the Harrisburg State
6 Hospital
7 The Board of Trustees for the Haverford State
8 Hospital
9 The Board of Trustees for the Hazleton State General
10 Hospital
11 The Board of Trustees for the Holidaysburg State
12 Hospital
13 The Board of Trustees for the Laurelton Center
14 The Board of Trustees for the Locust Mountain State
15 General Hospital
16 The Board of Trustees for the Mayview State Hospital
17 The Board of Trustees for the Nanticoke State General
18 Hospital
19 The Board of Trustees for the Norristown State
20 The Board of Trustees for the Pennhurst Center
21 Hospital
22 The Board of Trustees for the Philadelphia State
23 Hospital
24 The Board of Trustees for the Philipsburg State
25 General Hospital
26 The Board of Trustees for the Polk Center
27 The Board of Trustees for the Retreat State Hospital
28 The Board of Trustees for the Scotland School for
29 Veteran's Children
30 The Board of Trustees for the Scranton State General
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1 Hospital
2 The Board of Trustees for the Selinsgrove Center
3 The Board of Trustees for the Shamokin State General
4 Hospital
5 The Board of Trustees for the Pennsylvania Soldiers'
6 and Sailors' Home
7 The Board of Trustees for the Somerset State Hospital
8 The Board of Trustees of South Mountain Restoration
9 Center
10 The Board of Trustees for the Torrance State Hospital
11 The Board of Trustees for the Warren State Hospital
12 The Board of Trustees for the Wernersville State
13 Hospital
14 The Board of Trustees for the Western Center
15 The Board of Trustees for the White Haven Center
16 The Board of Trustees of Woodhaven Center
17 The Board of Trustees for the Woodville State
18 Hospital
19 The Board of Trustees of Scranton State School for
20 the Deaf
21 The Advisory Committee for General and Special
22 Hospitals
23 The Eastern Youth Development Centers
24 The Western Youth Development Centers
25 The Task Force to Study Mercy-Douglass Hospital
26 Facilities
27 The Eastern Mental Health Center
28 The Eastern Pennsylvania Psychiatric Institute
29 The Advisory Committee for Mental Health and Mental
30 Retardation
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1 The Commonwealth Mental Health Research Foundation
2 The Board of the Western Restoration Center
3 (3) July 1, 1980
4 The Board of Trustees for Bloomsburg State College
5 The Board of Trustees for California State College
6 The Board of Trustees for Cheyney State College
7 The Board of Trustees for Clarion State College
8 The Board of Trustees for Edinboro State College
9 The Board of Trustees for East Stroudsburg State
10 College
11 The Board of Trustees for Indiana University of
12 Pennsylvania
13 The Board of Trustees for Kutztown State College
14 The Board of Trustees for Lock Haven State College
15 The Board of Trustees for Mansfield State College
16 The Board of Trustees for Millersville State College
17 The Board of Trustees for Shippensburg State College
18 The Board of Trustees for Slippery Rock State College
19 The Board of Trustees for Pennsylvania State
20 University
21 The Board of Trustees for the University of
22 Pittsburgh
23 The Board of Trustees for Temple University
24 The Board of Trustees for Lincoln University
25 The Board of Trustees for West Chester State College
26 The Board of State College and University Directors
27 The Pennsylvania Public TV Network Commission
28 The State Board of Private Academic Schools
29 The State Board of Private Business Schools
30 The State Board of Private Correspondence Schools
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1 The State Board of Trade Schools
2 Board of Trustees for the Thaddeus Stevens State
3 School of Technology
4 The Pennsylvania Higher Education Assistance Agency
5 The State Public School Building Authority
6 The Pennsylvania Higher Education Facilities
7 Authority
8 The Pennsylvania Commission on School Finance
9 The State Apprenticeship and Training Council
10 The Pennsylvania Parent Assistance Authority
11 The Blue Ribbon Committee for the Temple University
12 Hospital of Temple University
13 The State Board of Education
14 The Advisory Council on Library Development
15 The Advisory Committee for Children and Youth
16 The Citizens Commission on Basic Education
17 The Pennsylvania Postsecondary Education Planning
18 Commission
19 The Pennsylvania Commission for Women
20 The Task Force to Eliminate Discrimination Against
21 Woman and Minority Groups in State Government
22 The Governor's Interdepartmental Council on Seasonal
23 Farmworkers
24 The Governor's Committee for Migrant Services
25 The Governor's Council on Opportunity for Spanish-
26 Speaking
27 The Governor's Affirmative Action Council
28 The State Manpower Planning Council
29 The State Manpower Services Council
30 The Pennsylvania Human Relations Commission
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1 (4) On July 1, 1981
2 The Adams County Board of Assistance
3 The Allegheny County Board of Assistance
4 The Armstrong County Board of Assistance
5 The Beaver County Board of Assistance
6 The Bedford County Board of Assistance
7 The Berks County Board of Assistance
8 The Blair County Board of Assistance
9 The Bradford County Board of Assistance
10 The Bucks County Board of Assistance
11 The Butler County Board of Assistance
12 The Cambria County Board of Assistance
13 The Cameron County Board of Assistance
14 The Carbon County Board of Assistance
15 The Centre County Board of Assistance
16 The Chester County Board of Assistance
17 The Clarion County Board of Assistance
18 The Clearfield County Board of Assistance
19 The Clinton County Board of Assistance
20 The Columbia County Board of Assistance
21 The Crawford County Board of Assistance
22 The Cumberland County Board of Assistance
23 The Dauphin County Board of Assistance
24 The Delaware County Board of Assistance
25 The Elk County Board of Assistance
26 The Erie County Board of Assistance
27 The Fayette County Board of Assistance
28 The Forest County Board of Assistance
29 The Franklin County Board of Assistance
30 The Fulton County Board of Assistance
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1 The Greene County Board of Assistance
2 The Huntingdon County Board of Assistance
3 The Indiana County Board of Assistance
4 The Jefferson County Board of Assistance
5 The Juniata County Board of Assistance
6 The Lackawanna County Board of Assistance
7 The Lancaster County Board of Assistance
8 The Lawrence County Board of Assistance
9 The Lebanon County Board of Assistance
10 The Lehigh County Board of Assistance
11 The Luzerne County Board of Assistance
12 The Lycoming County Board of Assistance
13 The McKean County Board of Assistance
14 The Mercer County Board of Assistance
15 The Mifflin County Board of Assistance
16 The Monroe County Board of Assistance
17 The Montgomery County Board of Assistance
18 The Montour County Board of Assistance
19 The Northampton County Board of Assistance
20 The Perry County Board of Assistance
21 The Philadelphia County Board of Assistance
22 The Pike County Board of Assistance
23 The Potter County Board of Assistance
24 The Schuylkill County Board of Assistance
25 The Sullivan County Board of Assistance
26 The Susquehanna County Board of Assistance
27 The Tioga County Board of Assistance
28 The Union County Board of Assistance
29 The Venango County Board of Assistance
30 The Warren County Board of Assistance
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1 The Washington County Board of Assistance
2 The Wayne County Board of Assistance
3 The Westmoreland County Board of Assistance
4 The Wyoming County Board of Assistance
5 The York County Board of Assistance
6 The Advisory Committee for Public Assistance
7 The State Board of Public Welfare
8 (5) On July 1, 1982
9 The Pennsylvania Labor Relations Board
10 The Industrial Board
11 The Pennsylvania Industrial Development Authority
12 The Unemployment Compensation Board of Review
13 The Workmen's Compensation Appeal Board
14 The Industrialized Housing Advisory Commission
15 The Advisory Board (Prevailing Wage Act)
16 The Appeals Board (Prevailing Wage Act)
17 The State Advisory Council (on Employment
18 Compensation)
19 The Board of Arbitration of Claims
20 The State Planning Board
21 The Pennsylvania Housing Finance Agency
22 The Pennsylvania Minority Business Development
23 Authority
24 The Landlord and Tenants Task Force
25 The Professional Standards and Practices Act
26 The Governor's Business Advisory Council
27 The Governor's Commission on Mortgage and Interest
28 Rates
29 The Advisory Committee on Standards
30 The Environmental Quality Board
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1 The Governor's Science Advisory Committee
2 The State Farm Products Show Commission
3 The Milk Marketing Board
4 The Pennsylvania Fish Commission
5 The Advisory Board for Boating
6 The Pennsylvania Game Commission
7 The State Board of Certification of Sewage Treatment
8 Plant and Waterworks Operators
9 The State Conservation Commission
10 The Susquehanna River Basin Commission
11 The Advisory Committee on Pennsylvania Solid Waste
12 Management Act
13 The Wheeling Creek Watershed Protection and Flood
14 Prevention Commission
15 The Governor's Energy Council
16 The Governor's Land Inventory Committee
17 The Weather Modification Board
18 The Advisory Committee on Atomic Energy Development
19 and Radiation Control
20 The Governor's Fact Finding Committee, Shippinport
21 Nuclear Power Station
22 The Pennsylvania Public Utility Commission
23 The Pesticide Advisory Board
24 The Environmental Hearing Board
25 The Pennsylvania Science and Engineering Foundation
26 The Sewage Advisory Committee
27 The Valley Forge Park Commission
28 The Washington Crossing Park Commission
29 The Bicentennial Commission of Pennsylvania
30 The Commonwealth of Pennsylvania Council on the Arts
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1 The State Art Commission
2 The County Records Committee
3 The Pennsylvania Historical and Museum Commission
4 The Local Government Records Committee
5 The Joint Committee on Documents
6 The Pennsylvania Parkway Commission
7 (6) On July 1, 1983
8 The Interstate Compact Commission for Education
9 The Atlantic States Marine Fisheries Commission for
10 the Commonwealth of Pennsylvania
11 The Independence National Historical Park Advisory
12 Commission
13 The Pennsylvania Commission on Interstate Cooperation
14 The Interstate Oil Compact Commission
15 The Ohio River Basin Commission
16 The Interstate Commission on the Potomac River Basin
17 for the Commonwealth of Pennsylvania
18 The Board of Commissioners on Uniform State Laws
19 The Great Lakes Commission for the Commonwealth of
20 Pennsylvania
21 The Interstate Emergency Medical Services Task Force
22 The Governor's Advisory Council on International
23 Commerce
24 The Ohio River Valley Water Sanitation Commission for
25 the Commonwealth of Pennsylvania
26 The Appalachian National Scenic Trail Advisory
27 Council
28 The Delaware River Joint Toll Bridge Commission
29 The Delaware River Basin Commission
30 The Delaware River Port Authority
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1 The Advisory Council for Comprehensive Health
2 Planning
3 The Advisory Health Board
4 The Task Force on Cancer Control
5 The Pennsylvania Diabetes Institute
6 The Commonwealth Developmental Disabilities Planning
7 and Advisory Council
8 The Governor's Committee Concerned with Diabetes and
9 Blindness
10 The Consumer Advisory Committee of Blue Cross of
11 Greater Philadelphia
12 The Pennsylvania Drug, Device and Cosmetic Board
13 The State Athletic Commission
14 The Medical Advisory Board to the State Athletic
15 Commission
16 The Pennsylvania Food Advisory Committee
17 The Governor's Committee on Health Education in
18 Pennsylvania
19 The State Advisory Board on Health Care Costs
20 The Governor's Task Force on Hypertension
21 The Renal Disease Advisory Committee
22 The Governor's Council on Drug and Alcohol Abuse
23 The Governor's Advisory Committee on the Coal Miners
24 Respiratory Disease and Rehabilitation Program
25 The Governor's Task Force on Venereal Disease
26 The Advisory Committee for the Blind
27 The Governor's Study Commission on Capital Punishment
28 The Advisory Committee on Probation
29 The Pennsylvania Board of Probation and Parole
30 The Governor's Justice Commission
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1 The Board of Pardons
2 The Pennsylvania Securities Commission
3 The State Tax Equalization Board
4 The Banking Board
5 The Savings Association Board
6 The Governor's Committee on Tax Reform
7 The Governor's Task Force on Inflation and Economy
8 The Pennsylvania Municipal Retirement Board
9 The Special Task Force on State Pension Reform
10 The State Employees' Retirement Board
11 The Public School Employes' Retirement Board
12 The Citizens' Advisory Council
13 (b) Any agency omitted for the above list would be subject
14 to provisions of this act.
15 (c) The terms of officers and members of any reestablished
16 or recreated boards, commissions or agencies shall not be
17 altered in any manner whatsoever at the time of their
18 reestablishment or recreation or at any other time.
19 (d) Reviews by the committee of reference in the General
20 Assembly shall be completed at least three months before the
21 expiration of the agency concerned.
22 Section 4. Terms of office for members of boards, councils,
23 commissions and agencies.
24 Notwithstanding any law presently or hereafter enacted,
25 except as to such boards, commissions, agencies or councils
26 reestablished or recreated by act of assembly hereafter
27 approved, the terms of all officers of any board, commission,
28 council or agency shall end on the same date as the agency set
29 forth in section 3.
30 Section 5. Limited continuation after termination.
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1 Upon termination, each board, council, commission or agency
2 shall continue in existence until July 1 of the next succeeding
3 year for the purpose of winding up its affairs.
4 Termination shall not reduce or otherwise limit the powers or
5 authority of each respective agency, board, council or
6 commission. Upon the expiration of the one year after
7 termination, each respective agency, board, council or
8 commission shall cease all activities.
9 Section 6. Continuation or reestablishment of boards, councils,
10 commissions and agencies.
11 The life of any board, council, commission or agency
12 scheduled for termination under this section may be continued or
13 reestablished by the General Assembly for periods not to exceed
14 six years.
15 Any newly created commission, board, council or agency shall
16 have a life not to exceed six years and shall be subject to the
17 provisions of this act.
18 Section 7. Performance audit.
19 The Legislative Budget and Finance Committee shall cause to
20 be conducted a performance audit of each board, council,
21 commission or agency scheduled for termination under this act.
22 The performance audit shall be completed at least six months
23 prior to the date established for an agency's termination. In
24 conducting the audit, the Legislative Budget and Finance
25 Committee shall take into consideration, but not be limited to
26 considering the factors listed in section 8(b). Upon completion
27 of the audit report, the Legislative Budget and Finance
28 Committee shall hold a public hearing for purposes of review of
29 the report. A copy of the report shall be made available to each
30 member of the General Assembly.
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1 Section 8. Committee hearings.
2 (a) Prior to the termination, continuation, or
3 reestablishment of any such agency, a committee of reference in
4 each House of the General Assembly shall hold a public hearing,
5 receiving testimony from the public and the executive director
6 of the agency involved, and in such a hearing the agency shall
7 have the burden of demonstrating a viable public need for its
8 continued existence and the extent to which a change in the type
9 of transfer of the agency may increase the efficiency of
10 administration or operation of the agency.
11 (b) In such hearings, the determination as to whether an
12 agency, board, council or commission has proved a public need
13 for its continued existence shall take into consideration the
14 following factors, among others:
15 (1) the extent to which affirmative action requirements
16 of State or Federal Government have been complied with by the
17 agency, board, council or commission or the industry it
18 regulates;
19 (2) the extent to which the agency, board, council or
20 commission has operated in the most efficient manner;
21 (3) the extent to which the agency, board, council or
22 commission has recommended statutory changes to the General
23 Assembly which would benefit the public as opposed to the
24 persons it regulates;
25 (4) the extent to which the agency, board, council or
26 commission has required the persons it regulates to report to
27 it concerning the impact of rules and decisions of the
28 agency, board, council or commission on the public regarding
29 improved service, economy of service, and availability of
30 service;
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1 (5) the extent to which persons regulated by the agency,
2 board, council or commission have been required to assess
3 problems in their industry which affect the public;
4 (6) the extent to which the agency, board, council or
5 commission has encouraged participation by the public in
6 making its rules and decisions as opposed to participation
7 solely by the persons it regulates;
8 (7) the extent to which the agency, board, council or
9 commission has expeditiously processed to completion
10 complaints from the public concerning persons the agency,
11 board, council or commission regulates, which complaints
12 filed with the agency, board, council or commission; and
13 (8) the extent to which changes are necessary in the
14 enabling laws of the agency, board, council or commission to
15 adequately comply with the factors listed in this subsection.
16 Section 9. Legislation for continuation or reenactment.
17 No more than one such commission, board, council or agency
18 shall be continued or reestablished in any bill and such
19 commission, board, council or agency shall be mentioned in the
20 bill's title.
21 Section 10. Causes of actions.
22 This act shall not cause the dismissal of any claim or right
23 of a citizen against any such agency, board, council or
24 commission or any claim or right of an agency, board, council or
25 commission terminated pursuant to this act which is subject to
26 litigation.
27 Section 11. Interstate compacts.
28 The General Assembly shall not terminate the existence or
29 power of any agency which is created as a result of an
30 interstate compact except in accordance with the provisions of
19770H0002B0002 - 18 -
1 the compact for termination of membership.
2 Section 12. Bonds.
3 Whenever any agency is terminated pursuant to the provisions
4 of this act, the Commonwealth shall assume full responsibility
5 for the payment of any outstanding bonded indebtedness of the
6 terminated agency.
7 Section 13. Effective date.
8 This act shall take effect immediately.
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