SENATE AMENDED
PRIOR PRINTER'S NOS. 259, 2335, 2501, PRINTER'S NO. 2729
2594
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
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, MARCH 26, 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
1 Law, amended July 9, 1976 (P.L.533, No.129) and subsection (d)
2 added February 26, 1976 (P.L.26, No.12), is amended to read:
3 Section 25. State Grants to County Departments of Health and
4 to Certain Municipalities.--County departments of health created
5 under this act and municipalities eligible for State grants
6 under the provisions of section 15 of this act shall receive
7 State grants in accordance with the procedure outlined in
8 subsections (a), (b) and (c) of this section. [, if sufficient <--
9 funds have been appropriated to pay the full amount of the
10 grants to which county departments of health and certain
11 municipalities may be entitled under subsections (a), (b) and
12 (c) of this section.
13 In the event that sufficient funds to pay the full amount of
14 the grants to which county departments of health and certain
15 municipalities may be entitled under subsections (a), (b) and
16 (c) of this section have not been appropriated, the State
17 Secretary of Health, with the advice of the Advisory Health
18 Board, shall distribute such funds as are available among county
19 departments of health and municipalities eligible for State
20 grants under section 15 of this act on an equitable basis,
21 without reference to the procedure outlined in subsections (a),
22 (b) and (c) of this section; except that no county department of
23 health or municipality shall receive a grant which exceeds
24 [three dollars ($3.00)] FOUR DOLLARS AND FIFTY CENTS ($4.50) per <--
25 year for every person within the jurisdiction of the county
26 department of health or the department or board of health of the
27 municipality.] <--
28 This section shall not be construed to preclude the State
29 Department of Health from making special grants to county
30 departments of health or to municipalities for emergencies or
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1 for other special purposes.
2 Special grants may include sufficient amounts to county
3 departments of health to insure the solvency of escrow accounts
4 maintained and required pursuant to the act of January 24, 1966
5 (1965 P.L.1534, No.536), referred to as the City Rent
6 Withholding Act, for rent withheld for dwellings certified as
7 unfit for human habitation. Whenever a county department of <--
8 health determines that a dwelling is uninhabitable and rent
9 payments are ordered paid into an escrow account it shall be the
10 duty of the COUNTY department of health to monitor the account <--
11 to determine whether or not payments are being deposited. If
12 inadequate payments are being made the department shall notify
13 the landlord of that event and the tenant shall complete the
14 payments or be held in default and be subject to eviction. If
15 the COUNTY department of health does not notify the landlord of <--
16 inadequate payment into the escrow account it shall be
17 responsible to the landlord for rents due. WHEN AN AGENCY OR <--
18 DEPARTMENT CERTIFIES THAT A DWELLING IS UNINHABITABLE AND THE
19 TENANT ELECTS TO PAY RENT INTO AN ESCROW ACCOUNT ESTABLISHED
20 UNDER THE CITY RENT WITHHOLDING ACT, IT SHALL BE THE DUTY OF THE
21 CERTIFYING AGENCY OR DEPARTMENT TO SUBMIT A MONTHLY STATEMENT OF
22 ESCROWED FUNDS TO THE LANDLORD BY FIRST CLASS MAIL. IF FUNDS
23 DEPOSITED IN ESCROW BY THE TENANT ARE INSUFFICIENT UNDER THE
24 LANDLORD-TENANT ARRANGEMENT, THE TENANT SHALL BE SUBJECT TO
25 EVICTION. IF THE COUNTY DEPARTMENT OF HEALTH DOES NOT PROVIDE
26 THE LANDLORD WITH A MONTHLY STATEMENT OF ESCROWED FUNDS BY FIRST
27 CLASS MAIL, IT SHALL BE RESPONSIBLE TO THE LANDLORD FOR RENTS
28 DUE.
29 (a) Initial Grants. Every county department of health
30 created under this act shall receive an initial grant as
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1 provided in this section [if sufficient funds have been <--
2 appropriated to pay the full amount of such grant]. <--
3 The county commissioners or, in the case of a joint-county
4 department of health the joint-county health commission, shall
5 submit to the State Secretary of Health, on forms prescribed by
6 him, an initial estimate of expenditures to cover the operation
7 of the county department of health from the date of its
8 establishment to the end of the calendar year in which it is
9 established. The initial estimate of expenditures shall state
10 the names of the exempt municipalities which have not decided to
11 become subject to the jurisdiction of the county department of
12 health in accordance with section 15 of this act. The estimate
13 shall be submitted within thirty (30) days prior to the date of
14 establishment.
15 The State Secretary of Health shall examine each initial
16 estimate of expenditures and shall deduct therefrom all items
17 which do not represent expenditures within the lawful scope of
18 the powers of the particular county department of health. Upon
19 the total amount of the remaining expenditures, the State
20 Secretary of Health shall compute the initial grant.
21 The initial grant shall equal fifty per cent (50%) of the
22 total of the remaining expenditures, but no initial grant shall
23 exceed the product obtained by multiplying the population of the
24 area within the jurisdiction of the county department of health
25 times the number of months covered by the initial estimate of
26 expenditures times [twenty-five cents (25¢)] thirty-seven and
27 one-half cents (37 1/2¢). For the purpose of computation, any
28 fraction of a month shall be counted as one month.
29 Thirty (30) days after he has received the initial estimate
30 of expenditures, the State Secretary of Health shall draw a
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1 requisition upon the State Auditor General in favor of the
2 particular county department of health for the amount of the
3 initial grant.
4 In the event that a municipality or part of a municipality
5 becomes subject to the jurisdiction of a county department of
6 health in accordance with section 15 of this act after the date
7 of establishment but prior to the first day of October of the
8 same year, the county commissioners or, in the case of a joint-
9 county department of health the joint-county health commission,
10 may submit to the State Secretary of Health, on forms prescribed
11 by him, an estimate of additional expenditures to cover the
12 operation of the county department of health for the balance of
13 the calendar year. The estimate shall state the name of the
14 municipality and the date on which it became subject to the
15 jurisdiction of the county department of health. The State
16 Secretary of Health shall examine the estimate of additional
17 expenditures and shall deduct therefrom all items which do not
18 represent expenditures within the lawful scope of the powers of
19 the particular county department of health. Upon the total
20 amount of the remaining expenditures, the State Secretary of
21 Health shall compute the additional grant. The additional grant
22 shall equal fifty percent (50%) of the total of the remaining
23 expenditures, but no additional grant shall exceed the product
24 obtained by multiplying the population of the municipality or
25 the part of a municipality times the number of months remaining
26 in the calendar year from the date the municipality or the part
27 of a municipality became subject to the jurisdiction of the
28 county department of health times [twenty-five cents (25¢)]
29 thirty-seven and one-half cents (37 1/2¢). For the purpose of
30 computation, any fraction of a month shall be counted as one
19830H0226B2729 - 5 -
1 month.
2 Fifteen (15) days after he has received the estimate of
3 additional expenditures, the State Secretary of Health shall
4 draw a requisition upon the State Auditor General in favor of
5 the particular county department of health for the amount of the
6 additional grant.
7 (b) Annual Grants. Every county department of health created
8 under this act and every municipality eligible for State grants
9 under section 15 of this act shall receive annual grants from
10 the State as provided in this section[, if sufficient funds have <--
11 been appropriated to pay the full amount of such grants]. No <--
12 county department of health shall begin to receive annual grants
13 until the calendar year following the one in which it was
14 established. No municipality shall begin to receive annual
15 grants until the calendar year following the one in which this
16 act takes effect.
17 After the beginning of each calendar year, the county
18 commissioners or, in the case of a joint-county department of
19 health the joint-county health commission, or the executive or
20 executive body of any municipality eligible for State grants
21 under section 15 of this act, shall submit to the State
22 Secretary of Health, at such time as he shall require and on
23 forms prescribed by him, an annual estimate of expenditures of
24 the county department of health or the department or board of
25 health of the municipality. In the case of a county department
26 of health, the annual estimate of expenditures shall state the
27 names of the exempt municipalities which have not decided to
28 become subject to its jurisdiction in accordance with section 15
29 of this act.
30 The State Secretary of Health shall examine each annual
19830H0226B2729 - 6 -
1 estimate of expenditures and shall deduct therefrom all items
2 which do not represent expenditures within the lawful scope of
3 the powers of the particular county department of health or the
4 department or board of health of the municipality. Upon the
5 total amount of the remaining expenditures, the State Secretary
6 of Health shall compute the annual grant. The annual grant shall
7 equal fifty per cent (50%) of the total of the remaining
8 expenditures, but no annual grant shall exceed the product
9 obtained by multiplying the population of the area within the
10 jurisdiction of the county department of health or within the
11 jurisdiction of the department or board of health of the
12 municipality times [three dollars ($3.00)] four dollars and
13 fifty cents ($4.50).
14 The annual grant shall be paid in four quarterly
15 installments, but the moneys received in any quarter may be used
16 any time during the year.
17 The first installment shall be for the quarter beginning
18 January first and ending March thirty-first; the second
19 installment shall be for the quarter beginning April first and
20 ending June thirtieth; the third installment shall be for the
21 quarter beginning July first and ending September thirtieth; and
22 the fourth installment shall be for the quarter beginning
23 October first and ending December thirty-first. Each installment
24 shall be paid only if it is approved by the State Secretary of
25 Health. The State Secretary of Health shall approve the payment
26 of any quarterly installment of an annual grant to a county
27 department of health or to a municipality eligible under section
28 15 of this act only if he finds:
29 (1) that such county department of health or municipality is
30 complying with any and all regulations of the State Department
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1 of Health prescribing minimum public health activities, minimum
2 standards of performance of health services, and standards of
3 personnel administration on a merit basis; and
4 (2) that such county department of health or municipality is
5 accomplishing the purposes described in section 2 of this act.
6 If the State Secretary of Health approves the payment of the
7 first quarterly installment of an annual grant to a county
8 department of health or to a municipality eligible under section
9 15 of this act, he shall draw a requisition for such installment
10 upon the State Auditor General in favor of the county department
11 of health or municipality within fifteen (15) days after he has
12 received the annual estimate of expenditures. If the State
13 Secretary of Health approves the payment of any subsequent
14 quarterly installment of an annual grant to a county department
15 of health or to a municipality eligible under section 15 of this
16 act, he shall draw a requisition for such installment upon the
17 State Auditor General in favor of the county department of
18 health or municipality at least fifteen (15) days before the
19 first day of the quarter for which the payment is to be made.
20 In the event that a municipality or part of a municipality
21 becomes subject to the jurisdiction of a county department of
22 health in accordance with section 15 of this act prior to the
23 first day of September, the county commissioners or, in the case
24 of a joint-county department of health the joint-county health
25 commission, may submit to the State Secretary of Health, on
26 forms prescribed by him, an estimate of additional expenditures
27 to cover the operation of the county department of health for
28 the balance of the calendar year. The estimate shall state the
29 name of the municipality and the date on which it became subject
30 to the jurisdiction of the county department of health. The
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1 estimate shall be submitted at least thirty (30) days before the
2 first day of any quarter following the one in which the
3 municipality or the part of a municipality became subject to the
4 jurisdiction of the county department of health.
5 The State Secretary of Health shall examine the estimate of
6 additional expenditures and shall deduct therefrom all items
7 which do not represent expenditures within the lawful scope of
8 the powers of the particular county department of health. Upon
9 the total amount of the remaining expenditures, the State
10 Secretary of Health shall compute the additional grant. The
11 additional grant shall equal fifty percent (50%) of the
12 remaining expenditures, but no additional grant shall exceed the
13 product obtained by multiplying the population of the
14 municipality or the part of a municipality times the number of
15 months remaining in the calendar year from the date the
16 municipality or the part of a municipality became subject to the
17 jurisdiction of the county department of health times [twenty-
18 five cents (25¢)] thirty-seven and one-half cents (37 1/2¢). For
19 the purpose of computation, any fraction of a month shall be
20 counted as one month. The additional grant shall be added to and
21 become part of the balance of the annual grant remaining to be
22 paid.
23 (c) Adjustment of Initial and Annual Grants. After the end
24 of every calendar year in which a county department of health or
25 a municipality received an initial grant or all or part of an
26 annual grant, there shall be an adjustment of such initial or
27 annual grant on the basis of the actual expenditures of the
28 county department of health or the department or board of health
29 of the municipality during the year. Any additional grants to
30 which a county department of health or a municipality may be
19830H0226B2729 - 9 -
1 entitled under the provisions of this subsection shall be paid[, <--
2 if sufficient funds have been appropriated to pay the full
3 amount of such grants]. Within fifteen (15) days after the end <--
4 of the calendar year, the county commissioners or, in the case
5 of a joint-county department of health the joint-county health
6 commission, or the executive or executive body of the
7 municipality, shall submit to the State Secretary of Health, on
8 forms prescribed by him, a sworn, itemized statement of all the
9 expenditures made by the county department of health or the
10 department or board of health of the municipality during the
11 previous year. The statement shall show the dates on which the
12 expenditures were made and shall indicate which of the
13 expenditures were made out of any special grants received from
14 the State or out of any grants received directly from the
15 Federal Government. In the case of a county department of
16 health, the statement shall indicate the name of any
17 municipality which became subject to its jurisdiction in
18 accordance with section 15 of this act and the date on which the
19 municipality became subject to its jurisdiction.
20 The State Secretary of Health shall examine each statement
21 and shall deduct therefrom all the expenditures made during any
22 quarter or quarters of the calendar year for which no
23 installments of an annual grant were paid to the county
24 department of health or municipality because of its failure to
25 comply with the requirements of subsection (b) of this section.
26 He shall then deduct from the remaining expenditures: (1) those
27 items paid for out of any special grants received from the
28 State; (2) those items paid for out of any grants received
29 directly from the Federal Government; and (3) those items which
30 do not represent expenditures made within the lawful scope of
19830H0226B2729 - 10 -
1 the powers of the county department of health or the department
2 or board of health of the municipality. Upon the total amount of
3 the remaining expenditures, the State Secretary of Health shall
4 compute the adjusted initial or annual grant.
5 The adjusted initial grant shall equal either (1) fifty per
6 cent (50%) of the total of the remaining expenditures, or (2)
7 the product obtained by multiplying the population of the area
8 within the jurisdiction of the county department of health at
9 the time of its establishment times the number of months for
10 which the initial grant was paid as determined in subsection (a)
11 of this section times [twenty-five cents (25¢)] thirty-seven and
12 one-half cents (37 1/2¢), whichever figure is the lower. In the
13 event that a municipality or part of a municipality became
14 subject to the jurisdiction of the county department of health
15 during the year in accordance with section 15 of this act, there
16 shall be added to the amount arrived at by applying the formula
17 set out in clause (2) of this paragraph the product obtained by
18 multiplying the population of the municipality or the part of a
19 municipality times the number of months it was subject to the
20 jurisdiction of the county department of health times [twenty-
21 five cents (25¢)] thirty-seven and one-half cents (37 1/2¢). For
22 the purpose of computation, any fraction of a month shall be
23 counted as one month.
24 In the case of a county department of health, the adjusted
25 annual grant shall equal either (1) fifty per cent (50%) of the
26 total of the remaining expenditures, or (2) the product obtained
27 by multiplying the population of the area within the
28 jurisdiction of the county department of health at the beginning
29 of the calendar year times the number of quarters for which
30 installments of the annual grant were paid times [seventy-five
19830H0226B2729 - 11 -
1 cents (75¢)] one dollar and twelve and one-half cents ($1.12
2 1/2), whichever figure is the lower. In the event that a
3 municipality or part of a municipality became subject to the
4 jurisdiction of the county department of health during the year
5 in accordance with section 15 of this act, there shall be added
6 to the amount arrived at by applying the formula set out in
7 clause (2) of this paragraph the product obtained by multiplying
8 the population of the municipality or the part of a municipality
9 times the number of months during which it was subject to the
10 jurisdiction of the county department of health times [twenty-
11 five cents (25¢)] thirty-seven and one-half cents (37 1/2¢);
12 except that any month which fell in a quarter for which no
13 installment of the annual grant was paid to the county
14 department of health shall not be counted. For the purpose of
15 computation any fraction of a month shall be counted as one
16 month.
17 In the case of a municipality, the adjusted annual grant
18 shall equal either (1) fifty percent (50%) of the total of the
19 remaining expenditures, or (2) the product obtained by
20 multiplying the population of the area within the jurisdiction
21 of the department or board of health of the municipality times
22 the number of months during which it was not subject to the
23 jurisdiction of a county department of health times [twenty-five
24 cents (25¢)] thirty-seven and one-half cents (37 1/2¢),
25 whichever figure is the lower. In applying the formula set out
26 in clause (2) of this paragraph, any month which fell in a
27 quarter for which no installment of the annual grant was paid to
28 the municipality shall not be counted. For the purpose of
29 computation any fraction of a month shall be counted as one
30 month.
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1 If the adjusted initial or annual grant exceeds the initial
2 or annual grant actually received by a county department of
3 health or a municipality, the State Secretary of Health shall,
4 within fifteen (15) days after receipt of the statement of
5 expenditures, draw a requisition upon the State Auditor General
6 in favor of such county department of health or municipality for
7 the amount by which the adjusted initial or annual grant exceeds
8 the initial or annual grant actually received.
9 If the adjusted initial or annual grant is less than the
10 initial or annual grant actually received by a county department
11 of health or a municipality, the State Secretary of Health shall
12 charge the amount by which the initial or annual grant actually
13 received exceeds the adjusted initial or annual grant against
14 one or more installments of the next annual grant. If any
15 subsequent installment of the annual grant is not paid to the
16 particular county department of health or municipality because
17 of the failure of the county department of health or
18 municipality to comply with the requirements of subsection (b)
19 of this section, or because the municipality has decided to
20 become subject to the jurisdiction of a county department of
21 health in accordance with section 15 of this act, the State
22 Secretary of Health may require a refund of such amount to the
23 State.
24 (d) Environmental Health Services.--The Commonwealth shall
25 pay an additional annual grant of [not more than] seventy-five
26 cents (75¢) per capita resident to each county department of
27 health or department or board of health of a municipality
28 eligible for grants under this act for environmental health
29 services provided by the county or municipality.
30 As used in this subsection "environmental health services"
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1 means services such as but not limited to air and noise
2 pollution control, restaurant and wholesale food inspection,
3 rodent and vector control, water and sewage inspection, housing
4 code enforcement and other similar services in addition to other
5 local health grants for public health services.
6 Section 2. The provisions of this act shall be retroactive
7 to July 1, 1983.
8 Section 3. This act shall take effect immediately.
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