PRIOR PRINTER'S NOS. 259, 2335 PRINTER'S NO. 2501
No. 226 Session of 1983
INTRODUCED BY DAWIDA, POTT, PRESTON, MARMION, ITKIN, COWELL,
DUFFY, GAMBLE, VAN HORNE, OLASZ, MICHLOVIC, MRKONIC, PETRONE,
TRELLO AND PISTELLA, FEBRUARY 15, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 8, 1984
AN ACT
1 Amending the act of August 24, 1951 (P.L.1304, No.315),
2 entitled, as amended, "An act to improve local health
3 administration throughout the Commonwealth by authorizing the
4 creation, establishment and administration of single-county
5 or joint-county departments of health in all counties;
6 exempting certain municipalities from the jurisdiction of
7 single-county or joint-county departments of health;
8 permitting the dissolution of departments or boards of health
9 in certain municipalities; authorizing State grants to
10 counties which establish departments of health and to certain
11 municipalities if they meet prescribed requirements;
12 conferring powers and duties upon the State Department of
13 Health in connection with the creation, establishment and
14 administration of single-county or joint-county departments
15 of health and administration of the health laws in parts of
16 certain municipalities not subject to the jurisdiction of
17 single-county or joint-county departments of health, and the
18 administration of State grants; and repealing an act which
19 confers health powers upon counties of the first class,"
20 further providing for State grants to county departments of
21 health and to certain municipalities.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 25 of the act of August 24, 1951
25 (P.L.1304, No.315), known as the Local Health Administration
26 Law, amended July 9, 1976 (P.L.533, No.129) and subsection (d)
1 added February 26, 1976 (P.L.26, No.12), is amended to read:
2 Section 25. State Grants to County Departments of Health and
3 to Certain Municipalities.--County departments of health created
4 under this act and municipalities eligible for State grants
5 under the provisions of section 15 of this act shall receive
6 State grants in accordance with the procedure outlined in
7 subsections (a), (b) and (c) of this section. [, if sufficient
8 funds have been appropriated to pay the full amount of the
9 grants to which county departments of health and certain
10 municipalities may be entitled under subsections (a), (b) and
11 (c) of this section.
12 In the event that sufficient funds to pay the full amount of
13 the grants to which county departments of health and certain
14 municipalities may be entitled under subsections (a), (b) and
15 (c) of this section have not been appropriated, the State
16 Secretary of Health, with the advice of the Advisory Health
17 Board, shall distribute such funds as are available among county
18 departments of health and municipalities eligible for State
19 grants under section 15 of this act on an equitable basis,
20 without reference to the procedure outlined in subsections (a),
21 (b) and (c) of this section; except that no county department of
22 health or municipality shall receive a grant which exceeds three
23 dollars ($3.00) per year for every person within the
24 jurisdiction of the county department of health or the
25 department or board of health of the municipality.]
26 This section shall not be construed to preclude the State
27 Department of Health from making special grants to county
28 departments of health or to municipalities for emergencies or
29 for other special purposes. immediately.
30 SPECIAL GRANTS MAY INCLUDE SUFFICIENT AMOUNTS TO COUNTY <--
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1 DEPARTMENTS OF HEALTH TO INSURE THE SOLVENCY OF ESCROW ACCOUNTS
2 MAINTAINED AND REQUIRED PURSUANT TO THE ACT OF JANUARY 24, 1966
3 (1965 P.L.1534, NO.536), REFERRED TO AS THE CITY RENT
4 WITHHOLDING ACT, FOR RENT WITHHELD FOR DWELLINGS CERTIFIED AS
5 UNFIT FOR HUMAN HABITATION. WHENEVER A COUNTY DEPARTMENT OF
6 HEALTH DETERMINES THAT A DWELLING IS UNINHABITABLE AND RENT
7 PAYMENTS ARE ORDERED PAID INTO AN ESCROW ACCOUNT IT SHALL BE THE
8 DUTY OF THE DEPARTMENT OF HEALTH TO MONITOR THE ACCOUNT TO
9 DETERMINE WHETHER OR NOT PAYMENTS ARE BEING DEPOSITED. IF
10 INADEQUATE PAYMENTS ARE BEING MADE THE DEPARTMENT SHALL NOTIFY
11 THE LANDLORD OF THAT EVENT AND THE TENANT SHALL COMPLETE THE
12 PAYMENTS OR BE HELD IN DEFAULT AND BE SUBJECT TO EVICTION. IF
13 THE DEPARTMENT OF HEALTH DOES NOT NOTIFY THE LANDLORD OF
14 INADEQUATE PAYMENT INTO THE ESCROW ACCOUNT IT SHALL BE
15 RESPONSIBLE TO THE LANDLORD FOR RENTS DUE.
16 (a) Initial Grants. Every county department of health
17 created under this act shall receive an initial grant as
18 provided in this section [if sufficient funds have been
19 appropriated to pay the full amount of such grant].
20 The county commissioners or, in the case of a joint-county
21 department of health the joint-county health commission, shall
22 submit to the State Secretary of Health, on forms prescribed by
23 him, an initial estimate of expenditures to cover the operation
24 of the county department of health from the date of its
25 establishment to the end of the calendar year in which it is
26 established. The initial estimate of expenditures shall state
27 the names of the exempt municipalities which have not decided to
28 become subject to the jurisdiction of the county department of
29 health in accordance with section 15 of this act. The estimate
30 shall be submitted within thirty (30) days prior to the date of
19830H0226B2501 - 3 -
1 establishment.
2 The State Secretary of Health shall examine each initial
3 estimate of expenditures and shall deduct therefrom all items
4 which do not represent expenditures within the lawful scope of
5 the powers of the particular county department of health. Upon
6 the total amount of the remaining expenditures, the State
7 Secretary of Health shall compute the initial grant.
8 The initial grant shall equal fifty per cent (50%) of the
9 total of the remaining expenditures, but no initial grant shall
10 exceed the product obtained by multiplying the population of the
11 area within the jurisdiction of the county department of health
12 times the number of months covered by the initial estimate of
13 expenditures times [twenty-five cents (25¢)] thirty-seven and
14 one-half cents (37 1/2¢). For the purpose of computation, any
15 fraction of a month shall be counted as one month.
16 Thirty (30) days after he has received the initial estimate
17 of expenditures, the State Secretary of Health shall draw a
18 requisition upon the State Auditor General in favor of the
19 particular county department of health for the amount of the
20 initial grant.
21 In the event that a municipality or part of a municipality
22 becomes subject to the jurisdiction of a county department of
23 health in accordance with section 15 of this act after the date
24 of establishment but prior to the first day of October of the
25 same year, the county commissioners or, in the case of a joint-
26 county department of health the joint-county health commission,
27 may submit to the State Secretary of Health, on forms prescribed
28 by him, an estimate of additional expenditures to cover the
29 operation of the county department of health for the balance of
30 the calendar year. The estimate shall state the name of the
19830H0226B2501 - 4 -
1 municipality and the date on which it became subject to the
2 jurisdiction of the county department of health. The State
3 Secretary of Health shall examine the estimate of additional
4 expenditures and shall deduct therefrom all items which do not
5 represent expenditures within the lawful scope of the powers of
6 the particular county department of health. Upon the total
7 amount of the remaining expenditures, the State Secretary of
8 Health shall compute the additional grant. The additional grant
9 shall equal fifty percent (50%) of the total of the remaining
10 expenditures, but no additional grant shall exceed the product
11 obtained by multiplying the population of the municipality or
12 the part of a municipality times the number of months remaining
13 in the calendar year from the date the municipality or the part
14 of a municipality became subject to the jurisdiction of the
15 county department of health times [twenty-five cents (25¢)]
16 thirty-seven and one-half cents (37 1/2¢). For the purpose of
17 computation, any fraction of a month shall be counted as one
18 month.
19 Fifteen (15) days after he has received the estimate of
20 additional expenditures, the State Secretary of Health shall
21 draw a requisition upon the State Auditor General in favor of
22 the particular county department of health for the amount of the
23 additional grant.
24 (b) Annual Grants. Every county department of health created
25 under this act and every municipality eligible for State grants
26 under section 15 of this act shall receive annual grants from
27 the State as provided in this section[, if sufficient funds have
28 been appropriated to pay the full amount of such grants]. No
29 county department of health shall begin to receive annual grants
30 until the calendar year following the one in which it was
19830H0226B2501 - 5 -
1 established. No municipality shall begin to receive annual
2 grants until the calendar year following the one in which this
3 act takes effect.
4 After the beginning of each calendar year, the county
5 commissioners or, in the case of a joint-county department of
6 health the joint-county health commission, or the executive or
7 executive body of any municipality eligible for State grants
8 under section 15 of this act, shall submit to the State
9 Secretary of Health, at such time as he shall require and on
10 forms prescribed by him, an annual estimate of expenditures of
11 the county department of health or the department or board of
12 health of the municipality. In the case of a county department
13 of health, the annual estimate of expenditures shall state the
14 names of the exempt municipalities which have not decided to
15 become subject to its jurisdiction in accordance with section 15
16 of this act.
17 The State Secretary of Health shall examine each annual
18 estimate of expenditures and shall deduct therefrom all items
19 which do not represent expenditures within the lawful scope of
20 the powers of the particular county department of health or the
21 department or board of health of the municipality. Upon the
22 total amount of the remaining expenditures, the State Secretary
23 of Health shall compute the annual grant. The annual grant shall
24 equal fifty per cent (50%) of the total of the remaining
25 expenditures, but no annual grant shall exceed the product
26 obtained by multiplying the population of the area within the
27 jurisdiction of the county department of health or within the
28 jurisdiction of the department or board of health of the
29 municipality times [three dollars ($3.00)] four dollars fifty
30 cents ($4.50).
19830H0226B2501 - 6 -
1 The annual grant shall be paid in four quarterly
2 installments, but the moneys received in any quarter may be used
3 any time during the year.
4 The first installment shall be for the quarter beginning
5 January first and ending March thirty-first; the second
6 installment shall be for the quarter beginning April first and
7 ending June thirtieth; the third installment shall be for the
8 quarter beginning July first and ending September thirtieth; and
9 the fourth installment shall be for the quarter beginning
10 October first and ending December thirty-first. Each installment
11 shall be paid only if it is approved by the State Secretary of
12 Health. The State Secretary of Health shall approve the payment
13 of any quarterly installment of an annual grant to a county
14 department of health or to a municipality eligible under section
15 15 of this act only if he finds:
16 (1) that such county department of health or municipality is
17 complying with any and all regulations of the State Department
18 of Health prescribing minimum public health activities, minimum
19 standards of performance of health services, and standards of
20 personnel administration on a merit basis; and
21 (2) that such county department of health or municipality is
22 accomplishing the purposes described in section 2 of this act.
23 If the State Secretary of Health approves the payment of the
24 first quarterly installment of an annual grant to a county
25 department of health or to a municipality eligible under section
26 15 of this act, he shall draw a requisition for such installment
27 upon the State Auditor General in favor of the county department
28 of health or municipality within fifteen (15) days after he has
29 received the annual estimate of expenditures. If the State
30 Secretary of Health approves the payment of any subsequent
19830H0226B2501 - 7 -
1 quarterly installment of an annual grant to a county department
2 of health or to a municipality eligible under section 15 of this
3 act, he shall draw a requisition for such installment upon the
4 State Auditor General in favor of the county department of
5 health or municipality at least fifteen (15) days before the
6 first day of the quarter for which the payment is to be made.
7 In the event that a municipality or part of a municipality
8 becomes subject to the jurisdiction of a county department of
9 health in accordance with section 15 of this act prior to the
10 first day of September, the county commissioners or, in the case
11 of a joint-county department of health the joint-county health
12 commission, may submit to the State Secretary of Health, on
13 forms prescribed by him, an estimate of additional expenditures
14 to cover the operation of the county department of health for
15 the balance of the calendar year. The estimate shall state the
16 name of the municipality and the date on which it became subject
17 to the jurisdiction of the county department of health. The
18 estimate shall be submitted at least thirty (30) days before the
19 first day of any quarter following the one in which the
20 municipality or the part of a municipality became subject to the
21 jurisdiction of the county department of health.
22 The State Secretary of Health shall examine the estimate of
23 additional expenditures and shall deduct therefrom all items
24 which do not represent expenditures within the lawful scope of
25 the powers of the particular county department of health. Upon
26 the total amount of the remaining expenditures, the State
27 Secretary of Health shall compute the additional grant. The
28 additional grant shall equal fifty percent (50%) of the
29 remaining expenditures, but no additional grant shall exceed the
30 product obtained by multiplying the population of the
19830H0226B2501 - 8 -
1 municipality or the part of a municipality times the number of
2 months remaining in the calendar year from the date the
3 municipality or the part of a municipality became subject to the
4 jurisdiction of the county department of health times [twenty-
5 five cents (25¢)] thirty-seven and one-half cents (37 1/2¢). For
6 the purpose of computation, any fraction of a month shall be
7 counted as one month. The additional grant shall be added to and
8 become part of the balance of the annual grant remaining to be
9 paid.
10 (c) Adjustment of Initial and Annual Grants. After the end
11 of every calendar year in which a county department of health or
12 a municipality received an initial grant or all or part of an
13 annual grant, there shall be an adjustment of such initial or
14 annual grant on the basis of the actual expenditures of the
15 county department of health or the department or board of health
16 of the municipality during the year. Any additional grants to
17 which a county department of health or a municipality may be
18 entitled under the provisions of this subsection shall be paid[,
19 if sufficient funds have been appropriated to pay the full
20 amount of such grants]. Within fifteen (15) days after the end
21 of the calendar year, the county commissioners or, in the case
22 of a joint-county department of health the joint-county health
23 commission, or the executive or executive body of the
24 municipality, shall submit to the State Secretary of Health, on
25 forms prescribed by him, a sworn, itemized statement of all the
26 expenditures made by the county department of health or the
27 department or board of health of the municipality during the
28 previous year. The statement shall show the dates on which the
29 expenditures were made and shall indicate which of the
30 expenditures were made out of any special grants received from
19830H0226B2501 - 9 -
1 the State or out of any grants received directly from the
2 Federal Government. In the case of a county department of
3 health, the statement shall indicate the name of any
4 municipality which became subject to its jurisdiction in
5 accordance with section 15 of this act and the date on which the
6 municipality became subject to its jurisdiction.
7 The State Secretary of Health shall examine each statement
8 and shall deduct therefrom all the expenditures made during any
9 quarter or quarters of the calendar year for which no
10 installments of an annual grant were paid to the county
11 department of health or municipality because of its failure to
12 comply with the requirements of subsection (b) of this section.
13 He shall then deduct from the remaining expenditures: (1) those
14 items paid for out of any special grants received from the
15 State; (2) those items paid for out of any grants received
16 directly from the Federal Government; and (3) those items which
17 do not represent expenditures made within the lawful scope of
18 the powers of the county department of health or the department
19 or board of health of the municipality. Upon the total amount of
20 the remaining expenditures, the State Secretary of Health shall
21 compute the adjusted initial or annual grant.
22 The adjusted initial grant shall equal either (1) fifty per
23 cent (50%) of the total of the remaining expenditures, or (2)
24 the product obtained by multiplying the population of the area
25 within the jurisdiction of the county department of health at
26 the time of its establishment times the number of months for
27 which the initial grant was paid as determined in subsection (a)
28 of this section times [twenty-five cents (25¢)] thirty-seven and
29 one-half cents (37 1/2¢), whichever figure is the lower. In the
30 event that a municipality or part of a municipality became
19830H0226B2501 - 10 -
1 subject to the jurisdiction of the county department of health
2 during the year in accordance with section 15 of this act, there
3 shall be added to the amount arrived at by applying the formula
4 set out in clause (2) of this paragraph the product obtained by
5 multiplying the population of the municipality or the part of a
6 municipality times the number of months it was subject to the
7 jurisdiction of the county department of health times [twenty-
8 five cents (25¢)] thirty-seven and one-half cents (37 1/2¢). For
9 the purpose of computation, any fraction of a month shall be
10 counted as one month.
11 In the case of a county department of health, the adjusted
12 annual grant shall equal either (1) fifty per cent (50%) of the
13 total of the remaining expenditures, or (2) the product obtained
14 by multiplying the population of the area within the
15 jurisdiction of the county department of health at the beginning
16 of the calendar year times the number of quarters for which
17 installments of the annual grant were paid times [seventy-five
18 cents (75¢)] one dollar and twelve and one-half cents ($1.12
19 1/2), whichever figure is the lower. In the event that a
20 municipality or part of a municipality became subject to the
21 jurisdiction of the county department of health during the year
22 in accordance with section 15 of this act, there shall be added
23 to the amount arrived at by applying the formula set out in
24 clause (2) of this paragraph the product obtained by multiplying
25 the population of the municipality or the part of a municipality
26 times the number of months during which it was subject to the
27 jurisdiction of the county department of health times [twenty-
28 five cents (25¢)] thirty-seven and one-half cents (37 1/2¢);
29 except that any month which fell in a quarter for which no
30 installment of the annual grant was paid to the county
19830H0226B2501 - 11 -
1 department of health shall not be counted. For the purpose of
2 computation any fraction of a month shall be counted as one
3 month.
4 In the case of a municipality, the adjusted annual grant
5 shall equal either (1) fifty percent (50%) of the total of the
6 remaining expenditures, or (2) the product obtained by
7 multiplying the population of the area within the jurisdiction
8 of the department or board of health of the municipality times
9 the number of months during which it was not subject to the
10 jurisdiction of a county department of health times [twenty-five
11 cents (25¢)] thirty-seven and one-half cents (37 1/2¢),
12 whichever figure is the lower. In applying the formula set out
13 in clause (2) of this paragraph, any month which fell in a
14 quarter for which no installment of the annual grant was paid to
15 the municipality shall not be counted. For the purpose of
16 computation any fraction of a month shall be counted as one
17 month.
18 If the adjusted initial or annual grant exceeds the initial
19 or annual grant actually received by a county department of
20 health or a municipality, the State Secretary of Health shall,
21 within fifteen (15) days after receipt of the statement of
22 expenditures, draw a requisition upon the State Auditor General
23 in favor of such county department of health or municipality for
24 the amount by which the adjusted initial or annual grant exceeds
25 the initial or annual grant actually received.
26 If the adjusted initial or annual grant is less than the
27 initial or annual grant actually received by a county department
28 of health or a municipality, the State Secretary of Health shall
29 charge the amount by which the initial or annual grant actually
30 received exceeds the adjusted initial or annual grant against
19830H0226B2501 - 12 -
1 one or more installments of the next annual grant. If any
2 subsequent installment of the annual grant is not paid to the
3 particular county department of health or municipality because
4 of the failure of the county department of health or
5 municipality to comply with the requirements of subsection (b)
6 of this section, or because the municipality has decided to
7 become subject to the jurisdiction of a county department of
8 health in accordance with section 15 of this act, the State
9 Secretary of Health may require a refund of such amount to the
10 State.
11 (d) Environmental Health Services.--The Commonwealth shall
12 pay an additional annual grant of [not more than] seventy-five
13 cents (75¢) per capita resident to each county department of
14 health or department or board of health of a municipality
15 eligible for grants under this act for environmental health
16 services provided by the county or municipality.
17 As used in this subsection "environmental health services"
18 means services such as but not limited to air and noise
19 pollution control, restaurant and wholesale food inspection,
20 rodent and vector control, water and sewage inspection, housing
21 code enforcement and other similar services in addition to other
22 local health grants for public health services.
23 Section 2. The provisions of this act shall be retroactive
24 to July 1, 1983.
25 Section 3. This act shall take effect immediately.
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