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PRINTER'S NO. 2454
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2115
Session of
2021
INTRODUCED BY WHEELAND, MILLARD, JAMES, GROVE, RYAN, ROWE,
NEILSON AND JOZWIAK, NOVEMBER 23, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 23, 2021
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; providing for judicial administration; 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," in administrative organization, further
providing for departmental administrative boards, commissions
and offices and for advisory boards and commissions; in
organization of departmental administrative boards and
commissions and of advisory boards and commissions, repealing
provisions relating to State Art Commission and further
providing for advisory boards and commissions; and, in powers
and duties of the Department of Public Welfare and its
departmental administrative and advisory boards and
commissions, repealing provisions relating to powers and
duties of the State Board of Public Welfare and further
providing for the powers and duties of advisory committees.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Sections 202 and 203 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, are
amended 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 State,
Commissioner of Professional and Occupational Affairs,
State Real Estate Commission,
State Board of Medical Education and Licensure,
State Board of Physical Therapy Examiners,
State Board of Pharmacy,
State Dental Council and Examining Board,
State Board of Optometrical Examiners,
State Board of Osteopathic Medical Examiners,
State Board of Nurse Examiners,
State Board of Barber Examiners,
State Board of Cosmetology,
State Board of Veterinary Medical Examiners,
State Board of Chiropractic Examiners,
State Board of Podiatry Examiners,
State Board of Examiners of Public Accountants,
State Board of Examiners of Architects,
State Registration Board for Professional Engineers,
State Board of Funeral Directors,
State Board of Examiners of Nursing Home Administrators,
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State Board of Auctioneer Examiners,
State Board of Psychologist Examiners,
State Board of Landscape Architects.
In the Department of Justice,
In the Treasury Department,
Board of Finance and Revenue;
In the Department of Community Affairs,
Board of Property;
In the Department of Education,
Board of Trustees of Thaddeus Stevens College of
Technology,
Board of Trustees of Scranton State School for the Deaf,
Public Service Institute Board,
State Board of Private Academic Schools,
State Board of Private Licensed Schools,
State Board of Education.
In the Department of Military and Veterans Affairs,
Armory Board of the State of Pennsylvania,
Board of Trustees of Scotland School for Veterans'
Children.
In the Department of Banking,
Board to License Private Bankers;
In the Department of Agriculture,
State Farm Products Show Commission;
In the Department of Health,
In the Department of Labor and Industry,
Workmen's Compensation Appeal Board,
State Workmen's Insurance Board,
The Industrial Board,
Unemployment Compensation Board of Review,
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Pennsylvania Labor Relations Board,
Advisory Council on Affairs of the Handicapped;
In the Department of Public Welfare,
Board of Trustees of The Western Youth Development
Centers,
Board of Trustees of The Central Youth Development
Centers,
Board of Trustees of The Eastern Youth Development
Centers,
Board of Trustees of Allentown State Hospital,
Board of Trustees of Clarks Summit State Hospital,
Board of Trustees of Danville State Hospital,
Board of Trustees of Embreeville Center,
Board of Trustees of Farview State Hospital,
Board of Trustees of Harrisburg State Hospital,
Board of Trustees of Mayview State Hospital,
Board of Trustees of Norristown State Hospital,
Board of Trustees of Philadelphia State Hospital,
Board of Trustees of Somerset State Hospital,
Board of Trustees of Warren State Hospital,
Board of Trustees of Wernersville State Hospital,
Board of Trustees of Woodville State Hospital,
Board of Trustees of Torrance State Hospital,
Board of Trustees of Haverford State Hospital,
Board of Trustees of Ashland State General Hospital,
Board of Trustees of Coaldale State General Hospital,
Board of Trustees of Nanticoke State General Hospital,
Board of Trustees of Philipsburg State General Hospital,
Board of Trustees of Scranton State General Hospital,
Board of Trustees of Shamokin State General Hospital,
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Board of Trustees of Ebensburg Center,
Board of Trustees of Eastern State School and Hospital,
Board of Trustees of Laurelton Center,
Board of Trustees of Pennhurst Center,
Board of Trustees of Polk Center,
Board of Trustees of Selinsgrove Center,
Board of Trustees of Hamburg Center,
Board of Trustees of Western Center,
Board of Trustees of White Haven Center,
Board of Trustees of Woodhaven Center,
Board of Trustees of South Mountain Restoration Center.
In the Department of General Services,
Board of Commissioners of Public Grounds and Buildings[,
State Art Commission];
In the Department of Revenue,
State Athletic Commission;
In the Department of Commerce,
Navigation Commission for the Delaware River and its
navigable tributaries;
In the Department of Highways,
State Highway Commission.
In the Department of Transportation,
Hazardous Substances Transportation Board,
In the Department of Environmental Resources,
Environmental Quality Board,
Environmental Hearing Board,
State Board for Certification of Sewage Treatment and
Waterworks Operators,
State Soil and Water Conservation Commission,
Anthracite Mine Inspectors,
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Bituminous Mine Inspectors.
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 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 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 2. Section 447 of the act is repealed:
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[Section 447. State Art Commission.--The State Art
Commission shall consist of five citizens of this Commonwealth,
of whom the Governor shall designate one as chairman, and
another as secretary of the commission who need not be a member
thereof.
Three members shall constitute a quorum.]
Section 3. Section 448(k) and (l) of the act are amended to
read:
Section 448. Advisory Boards and Commissions.--The advisory
boards and commissions, within the several administrative
departments, shall be constituted as follows:
* * *
[(k) The State Board of Public Welfare is hereby created.
The board shall consist of the Secretary of Public Welfare, ex
officio, and sixteen (16) members appointed by the Governor.
Four (4) members shall be appointed from among the members of
the General Assembly, two (2) from the Senate and two (2) from
the House of Representatives. These members of the board shall,
with respect to each branch of the General Assembly, be from
different political parties, and they shall, in no event, retain
membership on the board after they cease to be members of the
branch of the Legislature from which they were appointed. One
(1) member shall be appointed by the Governor from each of the
six (6) advisory committees created by clause (l) of this
section, and the first member of each advisory committee
appointed by the Governor shall automatically become a member of
the board. The term of office of each member of the board,
except as herein otherwise provided, shall be six (6) years.
In the original appointment of the members of the board, six
(6) members shall be appointed for the term of six (6) years,
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five (5) members for the term of four (4) years, and five (5)
members for the term of two (2) years. Any vacancy occurring in
the membership of the board shall be filled by the Governor only
for the unexpired term. The Governor may remove any member of
the board at any time. No member of the board shall serve more
than two (2) consecutive terms not including a vacancy
appointment, nor shall any member hold office in any political
party.
Nine (9) members of the board shall constitute a quorum. A
chairman who shall not be a member of an advisory committee
shall be elected by the board, annually, from among its members.
Members of the board shall serve without compensation other than
reimbursement of travel and other actual expenses incurred in
the performance of their duties. The board shall meet at least
six (6) times a year. Special meetings of the board shall be
held on call of the chairman or the Secretary of Public Welfare,
and it shall be the duty of the chairman to call a special
meeting upon the written request of one-third (1/3) or more
members, not including vacancies, of the board.]
(l) The following advisory committees are hereby created:
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.
Each advisory committee shall consist of the Commissioner in
the Department of Public Welfare, directing the program to which
the advisory committee is attached, as an ex officio member, and
not less than three (3) nor more than nine (9) members appointed
by the Governor. In the case of the Advisory Committee for
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Mental Health and Mental Retardation, the committee shall
include the Chairman of the Public Health and Welfare Committee
of the Senate, the Chairman of the Health and Welfare Committee
of the House of Representatives and the President of the
Pennsylvania State Association of County Commissioners or his
alternate. The exact number of members of each advisory
committee shall be determined by the Governor [upon
recommendation of the State Board of Public Welfare]. The
qualifications of the members of each advisory committee shall
also be determined by the Governor [upon recommendation of the
State Board of Public Welfare]: Provided, That with respect to
each advisory committee, the Governor shall appoint members with
due regard for representation of the professional and lay groups
concerned with the fields of interest served by the program to
which each advisory committee is attached. The term of office of
each member of each advisory committee, except as herein
otherwise provided, shall be six (6) years.
The original appointment of the members of the advisory
committee shall be for overlapping terms of six (6), four (4)
and two (2) years. In making these original appointments, the
Governor shall, in so far as possible, appoint approximately
one-third (1/3) of the recommended complement of each advisory
board to each of the overlapping terms.
A majority of the members of each advisory committee shall
constitute a quorum. Each advisory committee shall elect a
chairman from among its members. Each advisory committee shall
meet at least four (4) times a year. Special meetings of each
advisory committee shall be held on call of the chairman, and it
shall be the duty of the chairman to call a special meeting upon
the written request of one-third (1/3) or more of the members
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not including vacancies of the advisory committee.
The provisions of clause (k) of this section with respect to
filling of vacancies, removal of members, length of service,
political party office and compensation shall be applicable to
advisory committee members, and are incorporated herein by
reference.
* * *
Section 4. Section 2327 of the act is repealed:
[Section 2327. Powers and Duties of the State Board of
Public Welfare.--The State Board of Public Welfare shall be an
advisory body to, and a consultative body of the Department of
Public Welfare with no power to approve or disapprove rules or
regulations, and shall have the power and its duty shall be:
(a) To participate in the development of broad outlines, of
policy and in the formulation of long-range programs and
objectives of the Department of Public Welfare,
(b) To interpret such programs and objectives to the public,
and
(c) To advise the Secretary of Public Welfare, the Governor
and the General Assembly, with respect to the policies,
programs, objectives and functioning of the Department of Public
Welfare.]
Section 5. Section 2328(d) of the act is amended to read:
Section 2328. Powers and Duties of Advisory Committees.--The
Advisory Committee for the Blind, the Advisory Committee for
General and Special Hospitals, the Advisory Committee for
Children and Youth, the Advisory Committee for Public Assistance
and the Advisory Committee for Mental Health and Mental
Retardation, shall, concerning matters within their respective
special fields of interest, have the power and their duty shall
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be:
* * *
(d) To make recommendations to the [State Board of Public
Welfare] Secretary of Human Services on matters referred to the
committees for consideration and advice, or as may be required
to promote the effectiveness of the programs, of the
departmental units advised by them.
Section 6. This act shall take effect in 60 days.
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