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A05927
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2540
Session of
2020
INTRODUCED BY LAWRENCE, MAY 20, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 20, 2020
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," establishing the State Epidemiology Advisory
Council; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE I-A
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COVID-19 STATE EPIDEMIOLOGY ADVISORY COUNCIL
Section 101-A. Legislative findings.
The General Assembly finds and declares as follows:
(1) A novel coronavirus, known as COVID-19, entered the
United States in late January 2020 and has spread throughout
the states, including this Commonwealth.
(2) On March 6, 2020, the Governor declared a disaster
emergency, citing a threat of imminent disaster that is of
such a magnitude and severity as to necessitate extraordinary
measures to protect the health, safety and life of this
Commonwealth's citizens.
(3) The impact of COVID-19, including all the necessary
measures taken to mitigate the spread of the disease, has
severely disrupted the Commonwealth and its political
subdivisions.
(4) Provision of timely, factual information to the
executive, legislative and judicial branches of government by
knowledgeable medical professionals is critical to ensure
timely and proper government response.
(5) Given the nature of the challenge before this
Commonwealth, policymakers would greatly benefit from the
immediate and regular input of epidemiologists. Given an
epidemiologist's specialized professional training in the
field of infectious diseases, epidemiologists are uniquely
qualified and situated to provide advice and guidance of
great value in this challenging time. Their regular input to
State policymakers is of vital importance to all branches of
State government, and by extension to every resident and
business in this Commonwealth.
(6) The most effective manner to achieve the critical
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outcomes under paragraph (5) is to form a State Epidemiology
Advisory Council.
Section 102-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Council." The State Epidemiology Advisory Council
established under section 103-A.
"Dean." The dean, acting dean, senior vice chancellor or
senior administrator of a school of medicine located in this
Commonwealth.
"Epidemiologist." A medical professional licensed in this
Commonwealth who possesses any of the following:
(1) (i) one of the following degrees:
(A) a doctor of public health degree;
(B) a doctor of philosophy degree in
epidemiology;
(C) a doctoral degree in medicine, osteopathy,
dental surgery or medicine or veterinary medicine; or
(D) a doctor of philosophy degree in a
biological science with either a master of public
health degree or a master of science degree in
epidemiology; and
(ii) at least three years of professional experience
investigating outbreaks of contagious diseases, designing
and or conducting epidemiological studies or designing
and maintaining a disease surveillance system.
(2) Qualifications, medical knowledge and judgment,
substantially similar to the qualifications, medical
knowledge and judgment under paragraph (1), as determined by
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the dean, that the individual's participation on the council
would be of value to State policymakers and the general
public.
"Order." Any of the following:
(1) The declaration of disaster emergency issued by the
Governor on March 6, 2020, published at 50 Pa.B. 1644 (March
21, 2020).
(2) A declaration of disaster emergency relating to the
novel coronavirus, known as COVID-19, issued after March 6,
2020.
"Record." A public record or a legislative record as defined
under section 102 of the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
Section 103-A. State Epidemiology Advisory Council.
(a) Establishment.--The State Epidemiology Advisory Council
is established.
(b) Membership.--The council shall consist of the following
members, appointed within seven days of the effective date of
this section:
(1) The Director of the Bureau of Epidemiology of this
Commonwealth.
(2) An epidemiologist appointed by the dean of The
Pennsylvania State University College of Medicine.
(3) An epidemiologist appointed by the dean of the Lewis
Katz School of Medicine at Temple University.
(4) An epidemiologist appointed by the dean of the John
and Gertrude Petersen School of Medicine at the University of
Pittsburgh.
(5) An epidemiologist appointed by the dean of the
Perelman School of Medicine at the University of
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Pennsylvania.
(c) Appointment.--An appointing authority under subsection
(b) shall make an appointment by the transmission of a letter to
the Director of the Bureau of Epidemiology of this Commonwealth.
(d) Chairperson.--The Director of the Bureau of Epidemiology
of this Commonwealth shall serve as chairperson of the council.
The chairperson shall appoint a vice chairperson of the council.
(e) Participation.--A member not physically present may
participate by teleconference or video conference.
(f) Quorum and voting.--The following shall apply:
(1) A majority of the members of the council
participating in person, teleconference or video conference
shall constitute a quorum.
(2) Action of the council must be authorized or ratified
by a majority vote of the members of the council.
(g) Meetings.--The following shall apply:
(1) The council shall meet at least twice a month.
Additional meetings may be called by the chairperson as
necessary. The chairperson shall schedule a meeting upon
written request of two members of the council.
(2) The first meeting shall be convened within 10 days
of the effective date of this paragraph.
(h) Expenses.--Members shall not receive compensation but
shall be reimbursed for actual expenses incurred in service of
the council.
(i) Support.--The office of the Governor, the Senate, the
House of Representatives and the Administrative Offices of
Pennsylvania Courts shall provide administrative services to the
council as requested.
(j) Applicability.--
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(1) The following shall apply:
(i) Except as provided under subparagraph (ii) and
notwithstanding any other provision of law, the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law, shall apply to the council.
(ii) Correspondence between a person and a member of
the council and records accompanying the correspondence
submitted under section 104-A(a)(2) shall be exempt from
access by a requester under the Right-to-Know Law. This
subparagraph shall not apply to a correspondence between
a member and a principal or lobbyist under 65 Pa.C.S. Ch.
13A (relating to lobbying disclosure).
(2) Except as provided under paragraph (3), the council
shall be deemed an agency for the purposes of 65 Pa.C.S. Ch.
7 (relating to open meetings).
(3) Public notice of a meeting of the council shall be
made by the chairperson at least 24 hours prior to a meeting.
(4) A member of the council shall not be deemed a public
official for the purpose of 65 Pa.C.S. Ch. 11 (relating to
ethics standards and financial disclosure) solely because of
their service on the council.
(5) The council shall be considered an independent
agency for the purposes of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act.
Section 104-A. Functions.
(a) Powers.--The council shall have the following powers:
(1) To request records as necessary from agencies under
the Governor's jurisdiction, independent agencies, the
Unified Judicial System and the legislature, on any actions
taken in response to the COVID-19 public health emergency.
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(2) To receive communications from individuals,
businesses, nonprofit entities, hospitals, medical
organizations, institutions of higher learning, local
governments and any other entity regarding issues relating to
the COVID-19 public health emergency.
(b) Duties.--The council shall have the following duties:
(1) To make regular recommendations and identify issues
of immediate public importance, based upon the member's
professional knowledge and experience in the field of
epidemiology, to the Governor, members of the General
Assembly and justices of the Supreme Court, Superior Court
and Commonwealth Court, as it relates to the Commonwealth's
actions and response to the COVID-19 public health emergency.
(2) To develop and submit ongoing policy recommendations
based on medical science and professional judgment as it
relates to the policies of the Commonwealth in all facets of
the response to the COVID-19 public health emergency,
including, but not limited to:
(i) public health considerations;
(ii) preparedness issues;
(iii) primary, secondary and higher education; and
(iv) operation of private businesses, nonprofits and
State and local government services within this
Commonwealth .
(3) To make a final report no later than six months ; and
(v) the impact on certain demographics, based on
data including ethnicity and race, within this
Commonwealth.
(3) (i) To make a final report no later than six months
after the order is terminated by executive order,
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proclamation or operation of law.
(ii ) To include with the final report a demographic
report on the impact of COVID-19 on individuals across
this Commonwealth, specifically as the data related to
race and ethnicity.
Section 105-A. Appropriation.
The amount of $5,000 is appropriated from the General Fund to
the Department of Health for payment of reasonable expenses
under section 103-A. The appropriation under this section shall
not lapse until the expiration of this article under section
106-A. Any amount of the appropriation unexpended or uncommitted
upon the expiration under section 106-A shall lapse.
Section 106-A. Expiration.
This article shall expire six months after the order is
terminated by executive order, proclamation or operation of law,
or upon issuance of the final report under section 104-A(b)(3),
whichever is sooner.
Section 2. This act shall take effect immediately.
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