THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DiGIROLAMO, McCALL, BAKER, MAHONEY, SAYLOR, ADOLPH, ARGALL, BARRAR, BEAR, BELFANTI, BEYER, BISHOP, BOYD, BRENNAN, BROWN, BUXTON, CALTAGIRONE, CASORIO, CAUSER, CHRISTIANA, CIVERA, CLYMER, COHEN, CONKLIN, CURRY, CUTLER, DALEY, DALLY, DENLINGER, DePASQUALE, DERMODY, DeWEESE, DRUCKER, J. EVANS, EVERETT, FABRIZIO, FARRY, FLECK, FRANKEL, GALLOWAY, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, GROVE, GRUCELA, HALUSKA, HARHAI, HARHART, HARKINS, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HOUGHTON, JOHNSON, JOSEPHS, W. KELLER, KESSLER, KILLION, KIRKLAND, KORTZ, KOTIK, KULA, LEVDANSKY, LONGIETTI, MANDERINO, MANN, MARKOSEK, MARSHALL, MARSICO, MATZIE, McGEEHAN, McILVAINE SMITH, MELIO, MILNE, MOUL, MURPHY, MURT, MYERS, OBERLANDER, M. O'BRIEN, OLIVER, O'NEILL, PARKER, PAYNE, PAYTON, PERZEL, PETRARCA, PETRI, PHILLIPS, PICKETT, PRESTON, PYLE, QUIGLEY, QUINN, READSHAW, REICHLEY, ROEBUCK, ROHRER, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, SCHRODER, SEIP, SHAPIRO, SIPTROTH, K. SMITH, SOLOBAY, SONNEY, STABACK, STURLA, SWANGER, J. TAYLOR, R. TAYLOR, THOMAS, TRUE, VEREB, VULAKOVICH, WAGNER, WALKO, WATERS, WATSON, WHITE, WILLIAMS, YOUNGBLOOD, SAINATO, HANNA, BOYLE, PASHINSKI, CREIGHTON AND GERGELY, APRIL 3, 2009

AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES, JULY 3, 2010   

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," establishing the Department

of Drug and Alcohol Programs; providing for governing body of

the Pennsylvania Higher Education Assistance Agency; making a

related repeal; repealing related provisions of the

Pennsylvania Drug and Alcohol Abuse and Control Act; and

making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 201 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, amended

December 30, 1984 (P.L.1299, No.245) and repealed in part May

26, 1988 (P.L.414, No.72), is amended to read:

Section 201.  Executive Officers, Administrative Departments

and Independent Administrative Boards and Commissions.--(a)  The

executive and administrative work of this Commonwealth shall be

performed by the Executive Department, consisting of the

Governor, Lieutenant Governor, Secretary of the Commonwealth,

Attorney General, Auditor General, State Treasurer, and

Secretary of Education; by the Executive Board, and the

Pennsylvania State Police; by the following administrative

departments: Department of State, Office of Attorney General,

Department of Corrections, Department of the Auditor General,

Treasury Department, Department of Education, Department of

Military Affairs, Insurance Department, Department of Banking,

Department of Agriculture, Department of Transportation,

Department of Health, Department of Drug and Alcohol Programs, 

Department of Labor and Industry, Department of Aging,

Department of Public Welfare, Department of General Services,

Department of Revenue, [Department of Commerce, Department of

Community Affairs and Department of Environmental Resources] 

Department of Community and Economic Development, Department of

Environmental Protection and Department of Conservation and

Natural Resources; and by the following independent

administrative boards and commissions: Pennsylvania Game

Commission, Pennsylvania Fish and Boat Commission, State Civil

Service Commission, Pennsylvania Public Utility Commission and

the Pennsylvania Securities Commission.

(b)  All of the provisions of this act, which apply generally

to administrative departments, or generally except to the

Department of the Auditor General, the Treasury Department and

the Office of Attorney General, shall apply to the Executive

Board and to the Pennsylvania State Police.

Section 2.  Section 202 of the act is amended by adding,

before the last paragraph, a clause to read:

Section 202.  Departmental Administrative Boards,

Commissions, and Offices.--The following boards, commissions,

and offices are hereby placed and made departmental

administrative boards, commissions, or offices, as the case may

be, in the respective administrative departments mentioned in

the preceding section, as follows:

* * *

In the Department of Drug and Alcohol Programs,

Bureau of Prevention and Intervention,

Bureau of Treatment,

Bureau of Administration.

All of the foregoing departmental administrative boards and

commissions shall be organized or reorganized as provided in

this act.

Section 3.  Section 203 of the act, amended December 3, 1970

(P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978

(P.L.477, No.70), December 6, 1982 (P.L.774, No.223) and June

30, 1988 (P.L.475, No.80), is amended to read:

Section 203.  Advisory Boards and Commissions.--The following

advisory boards and commissions are placed in and made parts of

the respective administrative departments, as follows:

In the Department of Military Affairs,

State Military Reservation Commission,

In the Department of Environmental [Resources] Protection,

Citizens Advisory Council;

In the Department of Health,

Advisory Health Board;

In the Department of Labor and Industry,

Advisory Council on Affairs of the Handicapped,

Advisory Board on Problems of Older Workers,

Policy, Planning and Evaluation Advisory Committee;

In the Department of Public Welfare,

State Board of Public Welfare,

Advisory Committee for the Blind,

Advisory Committee for General and Special Hospitals,

Advisory Committee for Children and Youth,

Advisory Committee for Public Assistance,

Advisory Committee for Mental Health and Mental

Retardation.

Section 4.  Section 206 of the act, amended December 30, 1984

(P.L.1299, No.245), is amended to read:

Section 206.  Department Heads.--Each administrative

department shall have as its head an officer who shall, either

personally, by deputy, or by the duly authorized agent or

employe of the department, and subject at all times to the

provisions of this act, exercise the powers and perform the

duties by law vested in and imposed upon the department.

The following officers shall be the heads of the

administrative departments following their respective titles:

Secretary of the Commonwealth, of the Department of State;

Auditor General, of the Department of the Auditor General;

State Treasurer, of the Treasury Department;

Attorney General, of the Office of Attorney General;

Secretary of Education, of the Department of Education;

Adjutant General, of the Department of Military Affairs;

Insurance Commissioner, of the Insurance Department;

Secretary of Banking, of the Department of Banking;

Secretary of Agriculture, of the Department of Agriculture;

Secretary of Transportation, of the Department of

Transportation;

Secretary of Health, of the Department of Health;

Secretary of Drug and Alcohol Programs, of the

Department of Drug and Alcohol Programs;

Secretary of Labor and Industry, of the Department of Labor

and Industry;

Secretary of Aging, of the Department of Aging;

Secretary of Public Welfare, of the Department of Public

Welfare;

Secretary of Revenue, of the Department of Revenue;

[Secretary of Commerce, of the Department of Commerce;

Secretary of Community Affairs, of the Department of

Community Affairs;

Secretary of Environmental Resources, of the Department of

Environmental Resources;]

Secretary of Community and Economic Development, of the

Department of Community and Economic Development;

Secretary of Environmental Protection, of the Department of

Environmental Protection;

Secretary of Conservation and Natural Resources, of the

Department of Conservation and Natural Resources;

Secretary of General Services, of the Department of General

Services;

Secretary of Corrections, of the Department of Corrections.

Section 5.  Section 207.1(d)(1) of the act, amended December

30, 2002 (P.L.2075, No.231), is amended to read:

Section 207.1.  Gubernatorial Appointments.--* * *

(d)  The Governor shall nominate in accordance with the

provisions of the Constitution of the Commonwealth of

Pennsylvania and, by and with the advice and consent of a

majority of the members elected to the Senate appoint persons to

fill the following positions:

(1)  The Secretary of Education, the Secretary of the

Commonwealth, the Adjutant General, the Insurance Commissioner,

the Secretary of Banking, the Secretary of Agriculture, the

Secretary of Transportation, the Secretary of Health, the

Secretary of Drug and Alcohol Programs, the Commissioner of the

State Police, the Secretary of Corrections, the Secretary of

Labor and Industry, the Secretary of Aging, the Secretary of

Public Welfare, the Secretary of General Services, the Secretary

of Revenue, the Secretary of Community and Economic Development,

the Secretary of Environmental Protection and the Secretary of

Conservation and Natural Resources.

* * *

Section 6.  The act is amended by adding a section to read:

Section 401.2.  Pennsylvania Higher Education Assistance

Agency.--(a)  (1)  The Pennsylvania Higher Education Assistance

Agency shall be governed and all of its corporate powers

exercised by a board of directors which shall consist of twenty

members, nineteen of whom shall be appointed as hereinafter

provided, and the Secretary of Education. Except as provided in

subsection (b), three members shall be appointed by the Governor

and confirmed by the Senate, eight shall be appointed by the

President pro tempore of the Senate, and eight shall be

appointed by the Speaker of the House of Representatives.

(2)  All members shall be of full age, citizens of the United

States and residents of this Commonwealth, and shall be

appointed for terms of six years each, except as provided in

subsection (b)(1). Of the members appointed by the Governor, one

shall be appointed for a term which shall expire June 30, 2011,

one for a term which shall expire June 30, 2013, and one for a

term which shall expire June 30, 2015. Of the members appointed

by the President pro tempore of the Senate, three shall be

appointed for a term which shall expire June 30, 2011, three for

a term which shall expire June 30, 2013, and two for a term

which shall expire June 30, 2015. Of the members appointed by

the Speaker of the House of Representatives, four shall be

appointed for a term which shall expire June 30, 2011, three for

a term which shall expire June 30, 2013, and one for a term

which shall expire June 30, 2015.

(3)  The eight members appointed by the President pro tempore

of the Senate shall be members of the Senate or appointees under

subsection (b), four of whom shall be of the majority party and

four of the minority party; and the eight members appointed by

the Speaker of the House of Representatives shall be members of

the House of Representatives or appointees under subsection (b),

four of whom shall be of the majority party and four of the

minority party; and any member of the Senate or House of

Representatives hereafter appointed shall serve on the board

only so long as he is a member or an appointee under subsection

(b) of the particular body of the General Assembly from which he

was appointed to the board, in which event he shall be

ineligible to continue as a member of the board as a legislative

appointee and a vacancy shall exist. In such a case the

President pro tempore of the Senate or the Speaker of the House

of Representatives shall fill the vacancy for the unexpired term

in the same manner as original appointment.

(b)  (1)  Commencing with legislative board appointments that

expire after June 30, 2010, all board appointments made after

June 30, 2010, shall be appointed for terms of four years each

and, when a legislative member's term, as appointed under this

section, expires and the legislative member wishes not to be

reappointed, provided he is eligible for reappointment, the

legislative leader of the respective chamber shall fill the

vacancy with a nonlegislative individual that has relevant

experience in a field related to finance, banking, investment,

information technology, higher education or higher education

finance. The respective legislative leader shall not appoint

more than one nonlegislative member to fill a vacancy in the

board positions allotted to the majority or minority party, and

such appointment shall not replace the chairman of the standing

committee on education or the legislator designated to serve on

the education committee chairman's behalf.

(2)  A member of the board of directors who becomes

ineligible to serve as a legislative appointee shall be eligible

for appointment by the Governor.

(3)  The board of directors shall elect from its own members

each year a chairman and vice chairman each of whom must be a

legislative appointed member of the board, who shall serve for

terms of one year and who shall be eligible for reelection for

successive terms. Vacancies shall be filled for the unexpired

terms in the same manner as original appointments. Directors

shall receive no compensation for their services, but shall be

reimbursed for their expenses actually and necessarily incurred

by them in the performance of their duties under the act of

August 7, 1963 (P.L.549, No.290), referred to as the

Pennsylvania Higher Education Assistance Agency Act.

(c)  The board of directors shall provide for the holding of

regular and special meetings. Six directors attending shall

constitute a quorum for the transaction of any business and,

unless a greater number is required by the bylaws of the agency,

the act of a majority of the directors present at any meeting

shall be deemed the act of the board.

(d)  The board of directors shall adopt bylaws for the agency

and may appoint such officers and employes as it deems advisable

and may fix their compensation and prescribe their duties.

(e)  The board of directors may elect an executive committee

of not less than five members who, in intervals between meetings

of the board, may transact such business of the agency as the

bylaws of the agency may from time to time authorize. Unless

otherwise provided by the bylaws, a majority of the whole of

such committee attending shall constitute a quorum for the

transaction of any business, and the act of a majority of the

members of the executive committee present at any meeting

thereof shall be the act of such committee.

Section 7.  Section 451(b) of the act, amended July 7, 1989

(P.L.241, No.42), is amended to read:

Section 451.  State Planning Board.--* * *

(b)  (1)  The State Planning Board shall consist of fifteen

members to be appointed by the Governor from among the citizens

of the State, who during their terms shall hold no other office

in the executive branch of State Government to which any salary

is attached. In addition to these members, there shall be six ex

officio members, the Secretary of Agriculture, the [Secretary of

Commerce, the Secretary of Community Affairs, the Secretary of

Environmental Resources] Secretary of Community and Economic

Development, the Secretary of Environmental Protection, the

Secretary of Conservation and Natural Resources, the Secretary

of Public Welfare and the Secretary of Transportation. There

shall also be two members appointed by, and serve at the

pleasure of, the President pro tempore of the Senate, neither of

whom shall be members of the same political party, and two

members appointed by, and serve at the pleasure of, the Speaker

of the House of Representatives, neither of whom shall be

members of the same political party. The terms of office of

those members appointed by the Governor shall be for four years

and until their successors are appointed and have qualified. In

case of a vacancy, the Governor shall make an appointment for

the unexpired portion of the term. The Governor shall designate

the chairman and vice-chairman of the board from among the

members of the board, other than the ex officio and legislative

members.

(2)  Thirteen members of the board shall constitute a quorum.

(3)  The members of the board shall serve without

compensation but shall be entitled to receive traveling and

other reasonable expenses incurred in the discharge of their

duties.

(4)  The board may, with the approval of the Governor,

appoint and fix the compensation of an executive director who

shall be technically qualified for the duties of the office and

who shall act as secretary of the board and conduct the work of

the board under its supervision.

* * *

Section 8.  Section 1209 introductory paragraph and (b) of

the act, amended February 1, 1966 (1965 P.L.1849, No.582), are

amended to read:

Section 1209.  Local Government Budget and Financial Reports;

Compilation of Statistics.--The Department of Community

[Affairs] and Economic Development shall have power and its duty

shall be:

* * *

(b)  To furnish to the corporate authorities of each county

(except counties of the first class), city of the third class,

borough, incorporated town, township suitable blank forms for

the making of annual reports of the financial condition of their

respective local governments to the department, which forms for

financial report purposes shall be placed by said corporate

authorities into the hands of the director, controller or

auditors who by law are required to make such financial reports

to the department. Such annual financial reports shall be

prepared in cooperation with aforesaid duly authorized

committees of local government officials and shall contain: (1)

a statement of the receipts of the unit of local government from

all sources and of all accounts and revenue which may be due and

uncollected at the close of the fiscal year; (2) a statement of

the disbursements for all the governmental activities of the

unit of local government during the fiscal year; (3) a detailed

statement of the indebtedness of the unit of local government at

the close of the fiscal year, the provisions made for the

payment thereof, together with the purposes for which it was

incurred; (4) a statement of the cost of ownership and operation

of each and every public service industry owned, maintained or

operated by the unit of local government; (5) such further or

more specific information in relation to the cost of any branch

of the local government and improvements therein as may be

required by the department.

In the case of blank forms for financial reports by townships

of the second class and counties, the same shall be so arranged

that corresponding data and information, required to be reported

by said units of local government to the Department of

[Highways] Transportation or the Department of Public Welfare,

may be used for the information required to be furnished to the

Department of Community [Affairs] and Economic Development under

this section.

* * *

Section 9.  Section 2203-A(a)(11) and (26) of the act,

amended December 15, 1988 (P.L.1244, No.153), are amended to

read:

Section 2203-A.  Powers and Duties in General.-(a)  The

Department of Aging hereinafter referred to in this article as

the department shall, subject to any inconsistent provisions in

this act contained, have the power and its duty shall be to:

* * *

(11)  Promote and support programs, studies and policies, in

cooperation with the Departments of Labor and Industry,

Education, [Commerce] Community and Economic Development, Public

Welfare and other agencies, which will enhance the opportunity

for continued work, education and training for older persons and

for preretirement assistance where appropriate.

* * *

(26)  Review and comment on all rules, regulations,

eligibility or payment standards issued by the Departments of

Public Welfare, Environmental [Resources, Health] Protection or

Labor and Industry relating to the licensure and regulation of

nursing homes, hospitals, and other health facilities; medical

assistance, supplemental security income; homemaking and home-

health care or residential care facilities for older adults.

Said rules, regulations and standards shall not take effect

until they have been submitted to the department for comment.

* * *

Section 10.  The act is amended by adding an article to read:

ARTICLE XXIII-A

POWERS AND DUTIES OF THE DEPARTMENT OF DRUG

AND ALCOHOL PROGRAMS

Section 2301-A.  Powers and duties.

The Department of Drug and Alcohol Programs shall have the

power, and its duty shall be:

(1)  To develop and adopt a State plan for the control,

prevention, intervention, treatment, rehabilitation,

research, education and training aspects of drug and alcohol

abuse and dependence problems. The State plan shall include,

but not be limited to, provision for:

(i)  Coordination of the efforts of all State

agencies in the control, prevention, intervention,

treatment, rehabilitation, research, education and

training aspects of drug and alcohol abuse and dependence

problems so as to avoid duplications and inconsistencies

in the efforts of the agencies.

(ii)  Coordination of all health and rehabilitation

efforts to deal with the problem of drug and alcohol

abuse and dependence, including, but not limited to,

those relating to vocational rehabilitation, manpower

development and training, senior citizens, law

enforcement assistance, parole and probation systems,

jails and prisons, health research facilities, mental

retardation facilities and community mental health

centers, juvenile delinquency, health professions,

educational assistance, hospital and medical facilities,

social security, community health services, education

professions development, higher education, Commonwealth

employees health benefits, economic opportunity,

comprehensive health planning, elementary and secondary

education, highway safety and the civil service laws.

(iii)  Encouragement of the formation of local

agencies and local coordinating councils, and promotion

of cooperation and coordination among such groups, and

encouragement of communication of ideas and

recommendations from such groups to the Pennsylvania

Advisory Council on Drug and Alcohol Abuse.

(iv)  Development of model drug and alcohol abuse and

dependence control plans for local government, utilizing

the concepts incorporated in the State plan. The model

plans shall be reviewed on a periodic basis but not less

than once a year, and revised to keep them current. The

model plans shall specify how all types of community

resources and existing Federal and Commonwealth

legislation may be utilized.

(v)  Assistance and consultation to local

governments, public and private agencies, institutions

and organizations, and individuals with respect to the

prevention and treatment of drug and alcohol abuse and

dependence, including coordination of programs among

them.

(vi)  Cooperation with organized medicine to

disseminate medical guidelines for the use of drugs and

controlled substances in medical practice.

(vii)  Coordination of research, scientific

investigations, experiments and studies relating to the

cause, epidemiology, sociological aspects, toxicology,

pharmacology, chemistry, effects on health, dangers to

public health, prevention, diagnosis and treatment of

drug and alcohol abuse and dependence.

(viii)  Investigation of methods for the more precise

detection and determination of alcohol and controlled

substances in urine and blood samples, and by other

means, and publication on a current basis of uniform

methodology for such detections and determinations.

(ix)  Any information obtained through scientific

investigation or research conducted pursuant to this act

shall be used in ways so that no name or identifying

characteristics of any person shall be divulged without

the approval of the department and the consent of the

person concerned. Persons engaged in research pursuant to

this section shall protect the privacy of individuals who

are the subject of such research by withholding from all

persons not connected with the conduct of such research

the names or other identifying characteristics of such

individuals. Persons engaged in the research shall

protect the privacy of such individuals and may not be

compelled in any State, civil, criminal, administrative,

legislative or other proceeding to identify such

individuals.

(x)  Establishment of training programs for

professional and nonprofessional personnel with respect

to drug and alcohol abuse and dependence, including the

encouragement of such programs by local governments.

(xi)  Development of a model curriculum, including

the provision of relevant data and other information, for

utilization by elementary and secondary schools for

instructing children and for parent-teachers'

associations, adult education centers, private citizen

groups, or other State and local sources, for instruction

of parents and other adults about drug and alcohol abuse

and dependence.

(xii)  Preparation of a broad variety of educational,

prevention and intervention material for use in all

media, to reach all segments of the population, that can

be utilized by public and private agencies, institutions

and organizations in educational programs with respect to

drug and alcohol abuse and dependence.

(xiii)  Establishment of educational courses,

including the provision of relevant data and other

information on the causes and effects of and treatment

for drug and alcohol abuse and dependence, for law

enforcement officials, including prosecuting attorneys,

court personnel, the judiciary, probation and parole

officers, correctional officers and other law enforcement

personnel, welfare, vocational rehabilitation and other

State and local officials who come in contact with drug

abuse and dependence problems.

(xiv)  Recruitment, training, organization and

employment of professional and other persons, including

former drug and alcohol abusers and dependent persons, to

organize and participate in programs of public education.

(xv)  Treatment and rehabilitation services for male

and female juveniles and adults who are charged with,

convicted of or serving a criminal sentence for any

criminal offense under the laws of this Commonwealth.

Provision of similar services shall be made for juveniles

adjudged to be delinquent, dependent or neglected. These

services shall include, but are not limited to, emergency

medical services, inpatient services and intermediate

care, rehabilitative and outpatient services.

(xvi)  Giving priority to developing community-based

drug or alcohol abuse treatment services in a cooperative

manner among State and local governmental agencies and

departments and public and private agencies, institutions

and organizations. Consideration shall be given to

supportive medical care, services or residential

facilities for drug or alcohol dependent persons for whom

treatment has repeatedly failed and for whom recovery is

unlikely.

(xvii)  Establishment of a system of emergency

medical services for persons voluntarily seeking

treatment, for persons admitted and committed to

treatment facilities according to the procedural

admission and commitment provisions of the act of July 9,

1976 (P.L.817, No.143), known as the Mental Health

Procedures Act, and for persons charged with a crime

under Pennsylvania law. Upon the establishment of such

emergency medical services, the Department of Drug and

Alcohol Programs, by regulation, shall require that

appropriate emergency medical services be made available

to all drug and alcohol abusers who are arrested for a

crime under Pennsylvania law.

(xviii)  Providing standards for the approval by the

relevant State agency for all private and public

treatment and rehabilitative facilities, which may

include, but are not limited to, State hospitals and

institutions, public and private general hospitals,

community mental health centers or their contracting

agencies and public and private drug or alcohol

dependence and drug and alcohol abuse and dependence

treatment and rehabilitation centers.

(xix)  Grants and contracts for the prevention,

intervention and treatment of drug and alcohol

dependence. The grants and contracts may include

assistance to local governments and public and private

agencies, institutions and organizations for prevention,

intervention, treatment, rehabilitation, research,

education and training aspects of the drug and alcohol

abuse and dependence problems with the Commonwealth. Any

grant made or contract entered into by a department or

agency shall be pursuant to the functions allocated to

that department or agency by the State plan.

(xx)  Preparation of general regulations for, and

operation of, programs supported with assistance.

(xxi)  Establishment of priorities for deciding

allocation of the funds.

(xxii)  Review the administration and operation of

programs, including the effectiveness of such programs in

meeting the purposes for which they are established and

operated, and make annual reports of the findings.

(xxiii)  Evaluate the programs and projects carried

out and disseminate the results of such evaluations.

(xxiv)  Establish such advisory committees as deemed

necessary to assist the department in fulfilling its

responsibilities.

(2)  In developing the State plan initially, and prior to

its amendment annually, to hold a public hearing at least 30

days prior to the adoption of the initial State plan and

subsequent amendments and to afford all interested persons an

opportunity to present their views either orally or in

writing. The Department of Drug and Alcohol Programs, through

its staff, shall consult and collaborate with appropriate

Federal and State and local departments, boards, agencies and

governmental units, and with appropriate public and private

agencies, institutions, groups and organizations. Otherwise,

the promulgation of the State plan shall conform to the

procedure contained in the Commonwealth Documents Law.

(3)  In accordance with the State plan, to allocate the

responsibility for all services, programs and other efforts

provided for among the appropriate departments, agencies and

other State personnel. The department, through its employees,

shall have the power and its duty shall be to implement

compliance with the provisions of the State plan and to

coordinate all such efforts.

(4)  To gather and publish statistics pertaining to drug

and alcohol abuse and dependence and promulgate regulations,

specifying uniform statistics to be obtained, records to be

maintained and reports to be submitted by public and private

departments, agencies, organizations, practitioners and other

persons with respect to drug and alcohol abuse and

dependence, and related problems. Such statistics and reports

shall not reveal the identity of any patient or drug or

alcohol-dependent person or other confidential information.

(5)  To establish an information center, which will

attempt to gather and contain all available published and

unpublished data and information on the problems of drug and

alcohol abuse and dependence. All Commonwealth departments

and agencies shall send to the Department of Drug and Alcohol

Programs any data and information pertinent to the cause,

prevention, diagnosis and treatment of drug and alcohol abuse

and dependence and the toxicology, pharmacology, effects on

the health of drug and alcohol abusers and danger to the

public health of alcohol, drugs and controlled substances.

The Department of Drug and Alcohol Programs shall make such

data and information widely available.

(6)  To require all appropriate State and local

departments, agencies, institutions and others engaged in

implementing the State plan to submit as often as necessary,

but no less often than annually, reports detailing the

activities and effects of the implementation and recommending

appropriate amendments to the State plan. The department may

direct a performance audit of any activity engaged in

pursuant to the State plan.

(7)  To submit an annual report to the General Assembly

which shall specify the actions taken and services provided

and funds expended and an evaluation of their effectiveness.

The annual report shall also contain the current State plan.

The Department of Drug and Alcohol Programs shall submit such

additional reports as may be requested by the General

Assembly and recommendations to further the prevention,

treatment and control of drug and alcohol abuse and

dependence.

(8)  To make provision for facilities in each city or

region or catchment area which shall provide information

about the total Commonwealth drug and alcohol abuse and drug

and alcohol dependency programs and services.

(9)  The department shall have the power to promulgate

the rules and regulations necessary to carry out the

provisions of this article.

Section 11.  All personnel, allocation, appropriations,

equipment, files, records, contracts, agreements, obligations

and other material which are used, employed or expended in

connection with the powers, duties or functions of the

Department of Health concerning drug or alcohol abuse are hereby

transferred to the Department of Drug and Alcohol Programs

established by this act with the same force and effect as if the

appropriations had been made to and said items had been the

property of the Department of Drug and Alcohol Programs in the

first instance, and as if said contracts, agreements and

obligations had been incurred or entered into by the Department

of Drug and Alcohol Programs. The personnel, appropriations,

equipment and other items and material transferred by this

section shall include Federal grants and funds and other

benefits from any Federal program. All personnel transferred

pursuant to this act shall retain any civil service employment

status assigned to said personnel.

Section 12.  All positions in the Department of Drug and

Alcohol Programs shall be deemed to be "classified service" as

defined in section 3(d) of the act of August 5, 1941 (P.L.752,

No.286), known as the Civil Service Act, and the provisions and

benefits of that act shall be applicable to the employees of,

and positions in, the department.

Section 13.  All orders, permits, regulations, decisions and

other actions of the Department of Health or any department,

board, commission or agency whose functions have been

transferred by this act to the Department of Drug and Alcohol

Programs shall remain in full force and effect until modified,

repealed, superseded in or otherwise changed by appropriate

action of the Department of Drug and Alcohol Programs.

Section 14.  The Pennsylvania Advisory Council on Drug and

Alcohol Abuse established in section 3 of the act of April 14,

1972 (P.L.221, No.63), known as the Pennsylvania Drug and

Alcohol Abuse Control Act, shall be recognized as the advisory

council to the Department of Drug and Alcohol Programs.

Section 15.  (a)  The General Assembly finds that the repeal

in subsections (b), (c) and (d) are necessary to effectuate this

act.

(b)  Section 4 of the act of April 14, 1972 (P.L.221, No.63),

known as the Pennsylvania Drug and Alcohol Abuse Control Act, is

repealed.

(c)  The repeal under subsection (d) is necessary to

effectuate the addition of section 401.2 of the act.

(d)  Section 3 of the act of August 7, 1963 (P.L.549,

No.290), referred to as the Pennsylvania Higher Education

Assistance Agency Act, is repealed.

(e)  All other acts and parts of acts are repealed insofar as

they are inconsistent with this act.

Section 15.1.  Until members of the Pennsylvania Higher

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Education Assistance Agency are appointed and qualified under

the addition of section 401.2 of the act, members of the agency

under former section 3 of the act of August 7, 1963 (P.L.549,

No.290), referred to as the Pennsylvania Higher Education

Assistance Agency Act, shall remain in office.

Section 16.  This act shall take effect as follows:

(1)  The addition of section 401.2 of the act shall take

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effect immediately.

(1)  The following provisions shall take effect

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immediately:

(i)  The addition of section 401.2 of the act.

(ii)  Section 15(a), (c) and (d) of this act.

(iii)  Section 15.1 of this act.

(iv)  This section.

(2)  The remainder of this act shall take effect July 1,

2011.