PRINTER'S NO. 1660
No. 1484 Session of 1993
INTRODUCED BY PICCOLA, ARGALL, BAKER, HERMAN, FARGO, FLEAGLE,
RUBLEY, KREBS, FAIRCHILD, LEVDANSKY, DeLUCA, NICKOL, PITTS,
HERSHEY, S. H. SMITH, TULLI, DEMPSEY, NAILOR, FARMER, VANCE,
SAURMAN, MARSICO, WOGAN, BUSH, HUTCHINSON, M. N. WRIGHT,
CLARK, HECKLER, COWELL, D. R. WRIGHT, BATTISTO, STEIL,
CORNELL, CESSAR, EGOLF, GEIST, PETTIT, TRELLO, SCHEETZ, HESS,
PHILLIPS, E. Z. TAYLOR, SATHER, GERLACH, RAYMOND, GODSHALL,
HASAY, STERN, MASLAND, MERRY, GLADECK, LYNCH, DRUCE,
HENNESSEY, ADOLPH, TOMLINSON, L. I. COHEN, D. W. SNYDER,
FICHTER AND PLATTS, MAY 3, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 3, 1993
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for evaluation
21 and termination of administrative agencies; and making
22 repeals.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
1 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
2 as The Administrative Code of 1929, is amended by adding an
3 article to read:
4 ARTICLE XXVIII-D
5 SUNSET OF ADMINISTRATIVE AGENCIES
6 Section 2801-D. Definitions.--The following words and
7 phrases when used in this article shall have the meanings given
8 to them in this section unless the context clearly indicates
9 otherwise:
10 "Agency" means any statutory authority, agency, board,
11 bureau, commission, committee, council, department, division,
12 office or any similar unit of State Government.
13 "Legislative Budget and Finance Committee" means the
14 committee formed pursuant to the act of August 4, 1959 (P.L.587,
15 No.195), entitled, as amended, "An act creating and establishing
16 the Legislative Budget and Finance Committee; providing for its
17 membership; prescribing its powers, functions and duties;
18 providing for the appointment of an executive director and other
19 personnel, and making an appropriation."
20 "Performance audit" means a written report by the Legislative
21 Budget and Finance Committee evaluating the management and
22 performance of an agency based on the statistics on its
23 operations and carried out in accordance with the standards for
24 performance and financial compliance auditing developed by the
25 United States General Accounting Office. It shall determine
26 whether the agency:
27 (1) Is conducting authorized activities or programs in a
28 manner consistent with accomplishing the objectives intended by
29 the General Assembly.
30 (2) Is conducting programs and activities and expending
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1 funds made available in a faithful, efficient, economical and
2 effective manner.
3 This report shall include, but not be limited to, the criteria
4 listed in section 2804(d).
5 Section 2802-D. Leadership Committee.--There is hereby
6 created a joint committee of the General Assembly to be known as
7 the Leadership Committee. The Leadership Committee shall be
8 composed of the President pro tempore of the Senate, the
9 Majority and Minority Leaders of the Senate, the Speaker of the
10 House of Representatives and the Majority and Minority Leaders
11 of the House of Representatives. The Speaker of the House of
12 Representatives shall serve as the temporary chairman of the
13 committee until such time as the committee shall elect a
14 chairman. Members of the Leadership Committee may designate
15 alternate members of their respective chambers who will have the
16 same powers and duties as regular members.
17 Section 2803-D. Powers and Duties of the Leadership
18 Committee.--(a) The committee shall have the power and its duty
19 shall be:
20 (1) To direct and coordinate the implementation of the
21 sunset review procedure.
22 (2) To assign the responsibility for the review and
23 evaluation of each agency scheduled for such review and
24 evaluation under the provisions of this article to an
25 appropriate standing committee of the Senate or the House of
26 Representatives or to appropriate standing committees of both
27 Houses who shall operate jointly to review and evaluate the
28 agency, if such joint operation is authorized by the rules of
29 the Senate and House of Representatives. The assignments for
30 review and evaluation shall be made not less than twelve months
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1 before the agency's termination date. If any committee which has
2 been assigned an agency for review and evaluation fails to
3 complete its duties within a reasonable period of time as
4 determined by the Leadership Committee, it shall be discharged
5 from further review or consideration of the agency. The
6 Leadership Committee shall then reassign the agency to another
7 committee for review and evaluation pursuant to this article.
8 (3) To assign tasks to the Legislative Budget and Finance
9 Committee for the purpose of conducting performance audits. Such
10 tasks shall receive priority from the Legislative Budget and
11 Finance Committee. The Leadership Committee may waive, by
12 majority vote, the requirement that the performance audit be
13 completed in accordance with United States General Accounting
14 Office standards as described in section 2801-D under the
15 following circumstances:
16 (i) the agency has not held any meetings or considered any
17 cases for a period of three years or more; or
18 (ii) the agency has a budget of less than one hundred
19 thousand dollars ($100,000) annually unless the agency is a
20 departmental board or commission within the Bureau of
21 Professional and Occupational Affairs, Department of State.
22 In the event that the United States General Accounting Office
23 standards are waived, the Leadership Committee shall direct the
24 Legislative Budget and Finance Committee to complete a summary
25 audit in lieu of the performance audit, and specify the scope of
26 such audit not less than sixteen months before the agency's
27 termination date.
28 (b) Notwithstanding the provisions of this section, the
29 Leadership Committee may, in the case of an agency that has not
30 held any meetings or considered any cases for a period of three
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1 years or more, waive the requirement for the holding of a public
2 hearing for evaluation and review of the agency. The Leadership
3 Committee may also waive the requirement for the preparation or
4 completion of a report outlining all legislation then in effect,
5 pertaining to the creation, operation, duties, powers and
6 functions of the agency from the Legislative Reference Bureau.
7 Section 2804-D. Evaluation and Review.--(a) The standing
8 committee shall hold at least one public hearing for each
9 evaluation and review of an agency. At the hearing, the highest
10 ranking officer of the agency or an individual appointed by him
11 shall bear the burden to testify concerning the need for
12 continued existence of the agency. The committee shall receive
13 other testimony at the public hearing as it shall deem
14 appropriate.
15 (b) The standing committee shall elicit information in each
16 evaluation and review of an agency from the Department of the
17 Auditor General and the Office of the Budget as to the financial
18 efficiency of the agency being reviewed. The committee may
19 request and the agency subject to termination shall provide such
20 information as the committee deems pertinent to its evaluation
21 and review.
22 (c) The standing committee shall make a determination in
23 each evaluation and review as to whether the agency shall be
24 continued, altered or terminated. The committee shall base its
25 determination on the following criteria:
26 (1) whether termination would significantly harm or endanger
27 the public health, safety or welfare;
28 (2) whether there is overlap or duplication of effort by
29 other agencies that permit the termination of the agency;
30 (3) whether there is a more economical way of accomplishing
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1 the objectives of the agency;
2 (4) whether any of the functions of the agency can be
3 privatized and how;
4 (5) whether there is a demonstrated need, based on service
5 to the public, for the continuing existence of the agency;
6 (6) whether the operation of the agency has been in the
7 public interest;
8 (7) whether the agency has encouraged public participation
9 in the making of its rules and decisions or whether the agency
10 has permitted participation solely by the persons it regulates;
11 (8) whether there is an alternate, less restrictive method
12 of providing the same services to the public; and
13 (9) such other criteria as may be established by the
14 standing committees.
15 (d) Such standing committees shall draft a report concerning
16 each evaluation and review, stating in that report their
17 findings, their determination as to whether the agency should be
18 continued, altered or terminated, and the reasons for such a
19 determination together with a draft of appropriate legislation
20 to implement the committees' recommendations. The report shall
21 be available for public inspection in the Office of the
22 Secretary of the Senate and of the Chief Clerk of the House of
23 Representatives. The report shall be made to the General
24 Assembly not less than one hundred and twenty days before the
25 agency's termination date. Once the report is received by each
26 House, the appropriate legislation shall be introduced and
27 referred to a standing committee, in keeping with the rules of
28 each House and be acted on accordingly.
29 (e) Not less than ten months before the agency's termination
30 date, the standing committees designated by the Leadership
19930H1484B1660 - 6 -
1 Committee as responsible for the evaluation and review of the
2 agency shall receive:
3 (1) from the Legislative Budget and Finance Committee, a
4 performance audit or summary audit; and
5 (2) from the Legislative Reference Bureau, a report
6 outlining all legislation, then in effect, pertaining to the
7 creation, operation, duties, powers and funding of the agency.
8 (f) Notwithstanding the provisions of this section, the
9 standing committee designated by the Leadership Committee may,
10 in the case of an agency that has not held any meetings or
11 considered any cases for a period of three years or more, waive
12 the requirement for the holding of a public hearing for
13 evaluation and review of the agency. The committee may also
14 waive the requirement for the preparation or completion of a
15 report outlining all legislation then in effect, pertaining to
16 the creation, operation, duties, powers and functions of the
17 agency from the Legislative Reference Bureau.
18 Section 2805-D. Termination of Agencies.--(a) Termination
19 dates for agencies shall be as set forth in this section.
20 (b) This section shall apply only to agencies in existence
21 as of January 1, 1993.
22 (c) The following agencies, together with their
23 corresponding statutory functions and duties, shall terminate
24 all activities and shall go out of existence on the dates
25 specified:
26 (1) December 31, 1994:
27 The Crime Victim's Compensation Board.
28 The Pennsylvania Advisory Council on Drug and Alcohol
29 Abuse.
30 The Vietnam Veterans Health Initiative Commission.
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1 The State Board of Accountancy.
2 The committee established in section 2 of the act of June
3 18, 1982 (P.L.549, No.159), entitled "An act providing for
4 the administration of certain Commonwealth farmland within
5 the Department of Agriculture."
6 The Architects Licensure Board.
7 The State Board of Auctioneer Examiners.
8 The State Board of Barber Examiners.
9 The Pennsylvania Cancer Control, Prevention and Research
10 Advisory Board.
11 The Capitol Preservation Committee.
12 The Citizens Advisory Council.
13 The State Board of Cosmetology.
14 The Dog Law Advisory Board.
15 The Pennsylvania Emergency Management Agency.
16 The Energy Development Authority.
17 The Environmental Quality Board.
18 The State Farm Products Show Commission.
19 The State Board of Funeral Directors.
20 The Health Care Cost Containment Council.
21 The State System of Higher Education and its Board of
22 Governors.
23 The Independent Regulatory Review Commission.
24 The Pennsylvania Labor Relations Board.
25 The State Board of Landscape Architects.
26 The Milk Marketing Board.
27 The Municipal Employee Pension Advisory Committee.
28 The Noxious Weed Control Committee.
29 The State Board of Occupational Therapy Education and
30 Licensure.
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1 The Pharmaceutical Assistance Review Board.
2 The State Registration Board for Professional Engineers
3 and Professional Land Surveyors.
4 The Rail Freight Advisory Committee.
5 The State Real Estate Commission.
6 The Pennsylvania Securities Commission.
7 The Office of Small Business Advocate.
8 The State Board of Vehicle Manufacturers, Dealers and
9 Salespersons.
10 The Pennsylvania Veterans' Memorial Commission.
11 The Wild Resource Conservation Board.
12 The State Workmen's Insurance Board.
13 (2) December 31, 1995:
14 The Agricultural Development Advisory Committee.
15 The Department of Corrections.
16 The Deputy Sheriffs' Education and Training Board.
17 The Hazardous Materials Transportation Advisory
18 Committee.
19 The Milrite Council.
20 The Mining and Reclamation Advisory Board.
21 The Professional Standards and Practices Commission.
22 The Pennsylvania Academic Commission on Technological
23 Development.
24 (3) December 31, 1996:
25 The Apparel Industry Loan Board.
26 The Athletic Trainer Advisory Committee.
27 The State Board of Chiropractic.
28 The State Conservation Commission.
29 The Pennsylvania Commission on Crime and Delinquency.
30 The Pennsylvania Crime Commission.
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1 The State Board of Dentistry.
2 The Pennsylvania Drug, Device and Cosmetic Board.
3 The Board of Directors of the Pennsylvania Emergency
4 Health Services Council.
5 The State Harness Racing Commission.
6 The State Horse Racing Commission.
7 The Pennsylvania Housing Finance Agency.
8 The Pennsylvania Liquor Control Board.
9 The Bureau of Liquor Control Enforcement.
10 The State Board of Medicine.
11 The Navigation Commission for the Bay and Delaware River.
12 The State Board of Examiners of Nursing Home
13 Administrators.
14 The State Board of Nursing.
15 The Oil and Gas Technical Advisory Board.
16 The State Board of Optometry.
17 The State Board of Osteopathic Medicine.
18 The State Board of Pharmacy.
19 The State Board of Physical Therapy.
20 The State Board of Podiatry.
21 The Pennsylvania Board of Probation and Parole.
22 The State Board of Psychology.
23 The Pennsylvania Commission on Sentencing.
24 The State Board of Examiners in Speech-Language and
25 Hearing.
26 The State Transportation Commission.
27 The Pennsylvania Trauma Systems Foundation.
28 The State Unemployment Compensation Advisory Council.
29 The State Board of Veterinary Medicine.
30 (4) December 31, 1997:
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1 The committee established in section 4 of the act of July
2 8, 1986 (P.L.437, No.92), known as the "Pennsylvania
3 Agricultural Fair Act."
4 The commission established in section 116(k) of the act
5 of November 30, 1965 (P.L.847, No.356), known as the "Banking
6 Code of 1965."
7 The Bureau of Charitable Organizations.
8 The Pennsylvania Convention Center Authority.
9 The Private Prison Task Force.
10 The Statewide Weatherization and Energy Conservation
11 Policy Council.
12 (5) December 31, 1998:
13 The Department of Aging.
14 The State Athletic Commission.
15 The Committee of Blind Vendors.
16 The State Civil Service Commission.
17 The Office for the Deaf and Hearing Impaired.
18 The Pennsylvania Economic Development Financing
19 Authority.
20 The State Board of Education.
21 The Pennsylvania Historical and Museum Commission.
22 The Industrial Board.
23 The Pennsylvania Industrial Development Authority.
24 The Pennsylvania Minority Business Development Authority.
25 The Municipal Police Officers' Education and Training
26 Commission.
27 The State Planning Board.
28 The State Board of Private Academic Schools.
29 The State Board of Private Licensed Schools.
30 The Public Utility Commission.
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1 The Center for Rural Pennsylvania.
2 The State Board for Certification of Sewage Enforcement
3 Officers.
4 The State Board for Certification of Sewage Treatment
5 Plant and Waterworks Operators.
6 The State Board of Social Work Examiners.
7 The Pennsylvania Turnpike Commission.
8 The State Veterans' Commission.
9 The State Board of Vocational Rehabilitation.
10 The Brandywine Battlefield Park Commission.
11 The Washington Crossing Park Commission.
12 The Historic Preservation Board.
13 (6) December 31, 1999:
14 The Children's Trust Fund Board.
15 The Coroners' Education Board.
16 The Fire Safety Advisory Committee.
17 The Hardwoods Development Council.
18 The Hazardous Waste Facility Siting Commission.
19 The Pennsylvania Infrastructure Investment Authority.
20 The Lawyer Trust Account Board.
21 The Intra-Governmental Council on Long-Term Care.
22 The Low-Level Waste Advisory Committee.
23 The Policy, Planning and Evaluation Advisory Committee.
24 The Quality Assessment Grant and Loan Advisory Committee.
25 The Recycling Fund Advisory Committee.
26 (7) December 31, 2000:
27 The State Agricultural Land Preservation Board.
28 The Animal Health and Diagnostic Commission.
29 The Board of the Ben Franklin Partnership Fund.
30 The Office of Consumer Advocate.
19930H1484B1660 - 12 -
1 The Environmental Hearing Board.
2 The Environmental Hearing Board Rules Committee.
3 The State Ethics Commission.
4 The Philadelphia Regional Port Authority.
5 The Storage Tank Advisory Committee.
6 The Underground Storage Tank Indemnification Board.
7 (8) December 31, 2001:
8 The Hazardous Material Emergency Planning and Response
9 Advisory Committee.
10 The Interagency Coordinating Council.
11 The Port of Pittsburgh Commission.
12 The State Board of Certified Real Estate Appraisers.
13 The Advisory Council to State Workmen's Insurance Board.
14 (9) December 31, 2002:
15 The Advisory Council for the Deaf and Hearing Impaired.
16 The Pennsylvania Human Relations Commission.
17 The Municipal Pension Advisory Committee.
18 The Philadelphia Intergovernmental Cooperation Authority.
19 The Public Employee Retirement Study Commission.
20 The committee established in section 7 of the act of
21 December 18, 1990 (P.L.748, No.188), known as the "Rails to
22 Trails Act."
23 (d) The Governor shall not utilize a reorganization plan,
24 executive order, rule or regulation or comparable authority to
25 evade the provisions of this article. Any programs, activities
26 or functions of any agency, scheduled for termination, which are
27 transferred to another agency not scheduled for termination or
28 scheduled for termination at a later date, shall be subject to
29 sunset review at the date scheduled for the termination of the
30 transferor agency. Any programs, activities or functions of any
19930H1484B1660 - 13 -
1 agency scheduled for termination which are transferred to
2 another agency scheduled for termination at an earlier date,
3 shall be subject to sunset review at the date scheduled for
4 termination of the transferee agency. However, between the time
5 at which the Legislative Budget and Finance Committee submits
6 its performance audit to the standing committee and the standing
7 committee makes its recommendation to the General Assembly, the
8 Governor shall not utilize a reorganization plan, executive
9 order, rule or regulation or comparable authority to transfer
10 any programs, activities or functions of an agency being
11 evaluated.
12 (e) The termination of any agency under this article shall
13 serve to terminate any advisory agency, whether created by
14 statute or administrative action, established for the primary
15 purpose of advising or assisting the terminated agency.
16 (f) Agencies terminated shall be given one hundred and
17 eighty days from the termination date to wind up their affairs.
18 During that period, the Governor may petition the General
19 Assembly for a review of the termination but the agency shall be
20 terminated unless the General Assembly passes a law to the
21 contrary.
22 (g) The terms of office of appointees of an agency
23 terminated under this article shall end one hundred and eighty
24 days from the termination date. However, these appointees shall
25 continue to hold office to the end of their term if the agency
26 is reestablished.
27 Section 2806-D. Reestablishment or Continuation of
28 Agencies.--(a) Any agency scheduled for termination under this
29 article may be reestablished by the General Assembly, by
30 legislation. Each reestablishment as provided in this subsection
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1 shall be by legislation in a separate bill, in which no more
2 than one agency shall be reestablished and such agency shall be
3 mentioned in the title of the bill. The following shall apply:
4 (1) Except as provided in clause (2), each reestablishment
5 as provided in this subsection shall be for a period of ten
6 years unless otherwise specified in the legislation. At the end
7 of the period the agency shall again be subject to evaluation,
8 review and termination as provided in this article.
9 (2) The initial reestablishment of the State Board of
10 Optometry under this subsection shall be for a period of seven
11 years unless otherwise specified in the legislation. At the end
12 of the period the agency shall again be subject to evaluation,
13 review and termination as provided in this article. The second
14 reestablishment of the State Board of Optometry under this
15 subsection shall be for a period of five years unless otherwise
16 specified in the legislation. At the end of the period the
17 agency shall again be subject to evaluation, review and
18 termination as provided in this article.
19 (b) If no legislation is enacted reestablishing an agency as
20 provided in subsection (a) by a date sixty days prior to the
21 termination date, the presiding officer of each House shall
22 cause to be placed on their respective calendars for the first
23 legislative day after the date sixty days prior to the
24 termination date, the question, in the form of a resolution, of
25 whether an agency scheduled for termination shall be continued.
26 If a majority of the members elected to each House approve such
27 a resolution, the resolution shall be presented to the Governor
28 in accordance with section 9 of Article III of the Constitution
29 of Pennsylvania. Upon approval of the resolution in accordance
30 with section 15 of Article IV of the Constitution of
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1 Pennsylvania, prior to the scheduled termination date, the
2 agency shall be continued until the next review and termination
3 cycle scheduled for said agency.
4 (c) Any statute which terminates or reenacts an agency shall
5 control over any procedure prescribed by this article for the
6 continuation or termination of an agency. No statute shall be
7 deemed to continue an agency beyond a termination date
8 established for said agency pursuant to this article unless the
9 statute expressly reenacts the agency in its present or altered
10 state.
11 Section 2807-D. Newly Created Agencies.--An agency created
12 after January 1, 1992, shall be scheduled for termination at the
13 conclusion of the tenth year following its creation unless
14 otherwise specified by the General Assembly at its creation.
15 Section 2808-D. Termination Procedures.--(a) Records and
16 property of an agency shall be transferred to the department of
17 which it was a part, or if it was an independent agency, to the
18 Department of General Services for appropriate disposal of
19 property and retention of records.
20 (b) All appropriations to and funds of the agency not spent
21 or encumbered shall lapse when the existence of the agency ends.
22 No agency, prior to the date in a fiscal year on which it is
23 scheduled to be terminated, shall expend in excess of fifty
24 percent (50%) of any general appropriation, Federal
25 augmentation, appropriation or similar appropriation made to the
26 agency for said fiscal year: Provided, however, That the agency
27 may utilize a portion of the unexpended balance of said
28 appropriations to conclude its affairs. The leadership committee
29 shall have the ability to waive the restrictions on expenditures
30 set forth in this section, upon a showing by the agency of
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1 exceptional circumstances.
2 (c) The employment of all personnel of the terminated agency
3 shall be terminated: Provided, however, That this subsection
4 shall not be construed to prohibit the employes from applying
5 for and being employed by other agencies or departments to fill
6 job vacancies.
7 (d) Employes of agencies terminated under this act, who have
8 civil service status or who are covered by union contracts shall
9 fill any existing vacancies within the administrative branch of
10 State Government in their grade and position. If there are more
11 employes than vacant positions at the time of termination, then
12 such terminated employes shall receive employment in the first
13 vacancies that shall thereafter exist in their grade and
14 position.
15 Section 2809-D. Causes of Action; Rights of Bondholders.--
16 (a) The provisions of this article shall not affect any
17 liability incurred or right accrued or vested or affect any suit
18 pending or to be instituted to enforce any right under the
19 authority of any act or part thereof repealed by the act of
20 December 22, 1981 (P.L.508, No.142), known as the "Sunset Act."
21 (b) The provisions of this article shall not affect any
22 rights or duties with respect to bondholders of an agency
23 scheduled to be terminated.
24 Section 2810-D. Access to Records and Witnesses.--The
25 Legislative Budget and Finance Committee and its authorized
26 representative shall, for the purpose of examination and audit
27 authorized by this article, have ready access to persons and may
28 examine and copy to the extent deemed necessary to its
29 evaluation and review, pertinent records, accounts, papers,
30 reports, vouchers, correspondence, books and other documentation
19930H1484B1660 - 17 -
1 of any Commonwealth agency.
2 Section 2811-D. Authority to Administer Oaths, Subpoena
3 Witnesses and Records and Take Depositions.--For the purpose of
4 this article, the Legislative Budget and Finance Committee, with
5 the concurrent resolution of both Houses shall have the power to
6 compel the attendance of witnesses and the production of any
7 papers, books, accounts and documents to subpoena witnesses,
8 take testimony under oath; to cause the deposition of witnesses,
9 residing within or without this Commonwealth, to be taken in the
10 manner prescribed by law and to assemble records and documents,
11 by subpoena or otherwise, with the same power and authority as
12 courts of record and may apply to courts of record for the
13 enforcement of these powers. Any person who willfully neglects
14 or refuses to comply with any subpoena issued in behalf of the
15 Legislative Budget and Finance Committee, or refuses to testify
16 to any matters regarding which he may be lawfully interrogated,
17 shall be subject to the penalties provided by the laws of this
18 Commonwealth.
19 Section 2812-D. Repeals.--All acts and parts of acts are
20 repealed insofar as they are inconsistent with this article.
21 Section 2. The following acts and parts of acts are repealed
22 to the extent specified:
23 Section 7 of the act of December 18, 1980 (P.L.1241, No.224),
24 known as the Pennsylvania Cancer Control, Prevention and
25 Research Act, insofar as it applies to the Pennsylvania Cancer
26 Control, Prevention and Research Advisory Board.
27 Section 12 of the act of May 15, 1986 (P.L.186, No.58),
28 entitled "An act amending the act of June 6, 1980 (P.L.197,
29 No.57), entitled 'An act regulating the licensure and practice
30 of optometry, making repeals and providing penalties,'
19930H1484B1660 - 18 -
1 reestablishing the State Board of Optometrical Examiners as the
2 State Board of Optometry; providing for its composition, powers
3 and duties; further providing for renewal, revocation and
4 suspension of licenses; providing for fees; and making repeals,"
5 absolutely.
6 Section 14 of the act of July 13, 1987 (P.L.348, No.67),
7 known as the Vietnam Veterans Health Initiative Act, insofar as
8 it applies to the Vietnam Veterans Health Initiative Commission.
9 51 Pa.C.S. § 1906 insofar as it relates to the Pennsylvania
10 Veterans' Memorial Commission.
11 Section 3. For purposes of section 2804-D of the act,
12 evaluation and review under the act of December 22, 1981
13 (P.L.508, No.142), known as the Sunset Act, which began after
14 December 31, 1990, shall be valid for an agency scheduled for
15 termination under section 2805-D(c)(1) of the act.
16 Section 4. This act shall take effect immediately.
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