PRIOR PRINTER'S NO. 1320 PRINTER'S NO. 1543
No. 1177 Session of 1995
INTRODUCED BY DiGIROLAMO, PERZEL, MELIO, CLYMER, BARLEY, FARGO,
BELARDI, COLAFELLA, WAUGH, McGILL, BARD, PITTS, ZIMMERMAN,
HERSHEY, SHEEHAN, HARHART, M. N. WRIGHT, STEIL, CONTI,
D. W. SNYDER, CARONE, GEIST, McGEEHAN, CLARK, BROWNE, DRUCE,
BAKER, HERMAN, E. Z. TAYLOR, ADOLPH, RUBLEY, SERAFINI,
RAYMOND, ROHRER, MERRY AND FLICK, MARCH 15, 1995
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 18, 1995
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," ABOLISHING THE DEPARTMENT <--
21 OF HEALTH AND THE DEPARTMENT OF PUBLIC WELFARE AND
22 TRANSFERRING THE FUNCTIONS OF THOSE DEPARTMENTS TO THE NEWLY
23 ESTABLISHED DEPARTMENT OF HEALTH AND HUMAN SERVICES; CREATING
24 THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT;
25 REORGANIZING AND TRANSFERRING THE POWERS AND DUTIES OF THE
26 DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF COMMUNITY
27 AFFAIRS TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC
28 DEVELOPMENT; DELETING PROVISIONS RELATING TO THE ENERGY
29 DEVELOPMENT AUTHORITY; regulating disposition of surplus
1 property; AND MAKING REPEALS. <--
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. The definition of "surplus property" in section <--
5 2401-A of the act of April 9, 1929 (P.L.177, No.175), known as
6 The Administrative Code of 1929, added July 1, 1981 (P.L.143,
7 No.48), is amended to read:
8 SECTION 1. SECTION 201 OF THE ACT OF APRIL 9, 1929 (P.L.177, <--
9 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, AMENDED
10 DECEMBER 30, 1984 (P.L.1299, NO.245) AND REPEALED IN PART MAY
11 26, 1988 (P.L.414, NO.72), IS AMENDED TO READ:
12 SECTION 201. EXECUTIVE OFFICERS, ADMINISTRATIVE DEPARTMENTS
13 AND INDEPENDENT ADMINISTRATIVE BOARDS AND COMMISSIONS.--(A) THE
14 EXECUTIVE AND ADMINISTRATIVE WORK OF THIS COMMONWEALTH SHALL BE
15 PERFORMED BY THE EXECUTIVE DEPARTMENT, CONSISTING OF THE
16 GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF THE COMMONWEALTH,
17 ATTORNEY GENERAL, AUDITOR GENERAL, STATE TREASURER, AND
18 SECRETARY OF EDUCATION; BY THE EXECUTIVE BOARD, AND THE
19 PENNSYLVANIA STATE POLICE; BY THE FOLLOWING ADMINISTRATIVE
20 DEPARTMENTS: DEPARTMENT OF STATE, OFFICE OF ATTORNEY GENERAL,
21 DEPARTMENT OF CORRECTIONS, DEPARTMENT OF THE AUDITOR GENERAL,
22 TREASURY DEPARTMENT, DEPARTMENT OF EDUCATION, DEPARTMENT OF
23 MILITARY AFFAIRS, INSURANCE DEPARTMENT, DEPARTMENT OF BANKING,
24 DEPARTMENT OF AGRICULTURE, DEPARTMENT OF TRANSPORTATION,
25 [DEPARTMENT OF HEALTH,] DEPARTMENT OF LABOR AND INDUSTRY,
26 DEPARTMENT OF AGING, DEPARTMENT OF [PUBLIC WELFARE] HEALTH AND
27 HUMAN SERVICES, DEPARTMENT OF GENERAL SERVICES, DEPARTMENT OF
28 REVENUE, DEPARTMENT OF [COMMERCE, DEPARTMENT OF COMMUNITY
29 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT AND DEPARTMENT OF
30 ENVIRONMENTAL RESOURCES; AND BY THE FOLLOWING INDEPENDENT
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1 ADMINISTRATIVE BOARDS AND COMMISSIONS: PENNSYLVANIA GAME
2 COMMISSION, PENNSYLVANIA FISH AND BOAT COMMISSION, STATE CIVIL
3 SERVICE COMMISSION, PENNSYLVANIA PUBLIC UTILITY COMMISSION AND
4 THE PENNSYLVANIA SECURITIES COMMISSION.
5 (B) ALL OF THE PROVISIONS OF THIS ACT, WHICH APPLY GENERALLY
6 TO ADMINISTRATIVE DEPARTMENTS, OR GENERALLY EXCEPT TO THE
7 DEPARTMENT OF THE AUDITOR GENERAL, THE TREASURY DEPARTMENT AND
8 THE OFFICE OF ATTORNEY GENERAL, SHALL APPLY TO THE EXECUTIVE
9 BOARD AND TO THE PENNSYLVANIA STATE POLICE.
10 SECTION 2. SECTION 202 OF THE ACT, REENACTED AND AMENDED
11 JULY 9, 1976 (P.L.980, NO.197), AMENDED JULY 9, 1976 (P.L.986,
12 NO.199), SEPTEMBER 28, 1976 (P.L.1048, NO.211), NOVEMBER 26,
13 1978 (P.L.1223, NO.292), JULY 9, 1986 (P.L.547, NO.97) AND JULY
14 7, 1989 (P.L.241, NO.42) AND REPEALED IN PART NOVEMBER 26, 1978
15 (P.L.1207, NO.283), OCTOBER 15, 1980 (P.L.950, NO.164), NOVEMBER
16 12, 1982 (P.L.660, NO.188) AND JULY 1, 1989 (P.L.136, NO.28), IS
17 AMENDED TO READ:
18 SECTION 202. DEPARTMENTAL ADMINISTRATIVE BOARDS,
19 COMMISSIONS, AND OFFICES.--THE FOLLOWING BOARDS, COMMISSIONS,
20 AND OFFICES ARE HEREBY PLACED AND MADE DEPARTMENTAL
21 ADMINISTRATIVE BOARDS, COMMISSIONS, OR OFFICES, AS THE CASE MAY
22 BE, IN THE RESPECTIVE ADMINISTRATIVE DEPARTMENTS MENTIONED IN
23 THE PRECEDING SECTION, AS FOLLOWS:
24 IN THE DEPARTMENT OF STATE,
25 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS,
26 STATE REAL ESTATE COMMISSION,
27 STATE BOARD OF MEDICAL EDUCATION AND LICENSURE,
28 STATE BOARD OF PHYSICAL THERAPY EXAMINERS,
29 STATE BOARD OF PHARMACY,
30 STATE DENTAL COUNCIL AND EXAMINING BOARD,
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1 STATE BOARD OF OPTOMETRICAL EXAMINERS,
2 STATE BOARD OF OSTEOPATHIC MEDICAL EXAMINERS,
3 STATE BOARD OF NURSE EXAMINERS,
4 STATE BOARD OF BARBER EXAMINERS,
5 STATE BOARD OF COSMETOLOGY,
6 STATE BOARD OF VETERINARY MEDICAL EXAMINERS,
7 STATE BOARD OF CHIROPRACTIC EXAMINERS,
8 STATE BOARD OF PODIATRY EXAMINERS,
9 STATE BOARD OF EXAMINERS OF PUBLIC ACCOUNTANTS,
10 STATE BOARD OF EXAMINERS OF ARCHITECTS,
11 STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS,
12 STATE BOARD OF FUNERAL DIRECTORS,
13 STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS,
14 STATE BOARD OF AUCTIONEER EXAMINERS,
15 STATE BOARD OF PSYCHOLOGIST EXAMINERS,
16 STATE BOARD OF LANDSCAPE ARCHITECTS.
17 IN THE DEPARTMENT OF JUSTICE,
18 IN THE TREASURY DEPARTMENT,
19 BOARD OF FINANCE AND REVENUE;
20 IN THE DEPARTMENT OF [COMMUNITY AFFAIRS] COMMUNITY AND
21 ECONOMIC DEVELOPMENT, BOARD OF PROPERTY;
22 IN THE DEPARTMENT OF EDUCATION,
23 PENNSYLVANIA STATE BOARD OF CENSORS,
24 BOARD OF TRUSTEES OF THADDEUS STEVENS TRADE SCHOOL,
25 BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR THE DEAF,
26 BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR VETERANS'
27 CHILDREN,
28 PUBLIC SERVICE INSTITUTE BOARD,
29 STATE BOARD OF PRIVATE ACADEMIC SCHOOLS,
30 STATE BOARD OF PRIVATE BUSINESS SCHOOLS,
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1 STATE BOARD OF PRIVATE TRADE SCHOOLS,
2 STATE BOARD OF PRIVATE CORRESPONDENCE SCHOOLS,
3 STATE BOARD OF EDUCATION.
4 IN THE DEPARTMENT OF MILITARY AFFAIRS,
5 ARMORY BOARD OF THE STATE OF PENNSYLVANIA,
6 IN THE DEPARTMENT OF BANKING,
7 BOARD TO LICENSE PRIVATE BANKERS;
8 IN THE DEPARTMENT OF AGRICULTURE,
9 STATE FARM PRODUCTS SHOW COMMISSION;
10 [IN THE DEPARTMENT OF HEALTH,]
11 IN THE DEPARTMENT OF LABOR AND INDUSTRY,
12 WORKMEN'S COMPENSATION APPEAL BOARD,
13 STATE WORKMEN'S INSURANCE BOARD,
14 THE INDUSTRIAL BOARD,
15 UNEMPLOYMENT COMPENSATION BOARD OF REVIEW,
16 PENNSYLVANIA LABOR RELATIONS BOARD,
17 ADVISORY COUNCIL ON AFFAIRS OF THE HANDICAPPED;
18 [IN THE DEPARTMENT OF PUBLIC WELFARE,]
19 IN THE DEPARTMENT OF HEALTH AND
20 HUMAN SERVICES,
21 BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT
22 CENTERS,
23 BOARD OF TRUSTEES OF THE CENTRAL YOUTH DEVELOPMENT
24 CENTERS,
25 BOARD OF TRUSTEES OF THE EASTERN YOUTH DEVELOPMENT
26 CENTERS,
27 BOARD OF TRUSTEES OF ALLENTOWN STATE HOSPITAL,
28 BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL,
29 BOARD OF TRUSTEES OF DANVILLE STATE HOSPITAL,
30 BOARD OF TRUSTEES OF EMBREEVILLE CENTER,
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1 BOARD OF TRUSTEES OF FARVIEW STATE HOSPITAL,
2 BOARD OF TRUSTEES OF HARRISBURG STATE HOSPITAL,
3 BOARD OF TRUSTEES OF MAYVIEW STATE HOSPITAL,
4 BOARD OF TRUSTEES OF NORRISTOWN STATE HOSPITAL,
5 BOARD OF TRUSTEES OF PHILADELPHIA STATE HOSPITAL,
6 BOARD OF TRUSTEES OF SOMERSET STATE HOSPITAL,
7 BOARD OF TRUSTEES OF WARREN STATE HOSPITAL,
8 BOARD OF TRUSTEES OF WERNERSVILLE STATE HOSPITAL,
9 BOARD OF TRUSTEES OF WOODVILLE STATE HOSPITAL,
10 BOARD OF TRUSTEES OF TORRANCE STATE HOSPITAL,
11 BOARD OF TRUSTEES OF HAVERFORD STATE HOSPITAL,
12 BOARD OF TRUSTEES OF ASHLAND STATE GENERAL HOSPITAL,
13 BOARD OF TRUSTEES OF COALDALE STATE GENERAL HOSPITAL,
14 BOARD OF TRUSTEES OF NANTICOKE STATE GENERAL HOSPITAL,
15 BOARD OF TRUSTEES OF PHILIPSBURG STATE GENERAL HOSPITAL,
16 BOARD OF TRUSTEES OF SCRANTON STATE GENERAL HOSPITAL,
17 BOARD OF TRUSTEES OF SHAMOKIN STATE GENERAL HOSPITAL,
18 BOARD OF TRUSTEES OF EBENSBURG CENTER,
19 BOARD OF TRUSTEES OF EASTERN STATE SCHOOL AND HOSPITAL,
20 BOARD OF TRUSTEES OF LAURELTON CENTER,
21 BOARD OF TRUSTEES OF PENNHURST CENTER,
22 BOARD OF TRUSTEES OF POLK CENTER,
23 BOARD OF TRUSTEES OF SELINSGROVE CENTER,
24 BOARD OF TRUSTEES OF HAMBURG CENTER,
25 BOARD OF TRUSTEES OF WESTERN CENTER,
26 BOARD OF TRUSTEES OF WHITE HAVEN CENTER,
27 BOARD OF TRUSTEES OF WOODHAVEN CENTER,
28 BOARD OF TRUSTEES OF SOUTH MOUNTAIN RESTORATION CENTER.
29 IN THE DEPARTMENT OF GENERAL SERVICES,
30 BOARD OF COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS,
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1 STATE ART COMMISSION;
2 IN THE DEPARTMENT OF [COMMERCE] COMMUNITY AND ECONOMIC
3 DEVELOPMENT, NAVIGATION COMMISSION FOR THE DELAWARE RIVER
4 AND ITS NAVIGABLE TRIBUTARIES;
5 IN THE DEPARTMENT OF HIGHWAYS,
6 STATE HIGHWAY COMMISSION.
7 IN THE DEPARTMENT OF TRANSPORTATION,
8 HAZARDOUS SUBSTANCES TRANSPORTATION BOARD,
9 IN THE DEPARTMENT OF ENVIRONMENTAL RESOURCES,
10 ENVIRONMENTAL QUALITY BOARD,
11 ENVIRONMENTAL HEARING BOARD,
12 STATE BOARD FOR CERTIFICATION OF SEWAGE TREATMENT AND
13 WATERWORKS OPERATORS,
14 STATE SOIL AND WATER CONSERVATION COMMISSION,
15 ANTHRACITE MINE INSPECTORS,
16 BITUMINOUS MINE INSPECTORS.
17 ALL OF THE FOREGOING DEPARTMENTAL ADMINISTRATIVE BOARDS AND
18 COMMISSIONS SHALL BE ORGANIZED OR REORGANIZED AS PROVIDED IN
19 THIS ACT.
20 SECTION 3. SECTION 203 OF THE ACT, AMENDED DECEMBER 3, 1970
21 (P.L.834, NO.275), JULY 22, 1975 (P.L.75, NO.45), JUNE 20, 1978
22 (P.L.477, NO.70), DECEMBER 6, 1982 (P.L.774, NO.223) AND JUNE
23 30, 1988 (P.L.475, NO.80) AND REPEALED IN PART APRIL 29, 1988
24 (P.L.381, NO.60) AND JULY 2, 1993 (P.L.439, NO.64), IS AMENDED
25 TO READ:
26 SECTION 203. ADVISORY BOARDS AND COMMISSIONS.--THE FOLLOWING
27 ADVISORY BOARDS AND COMMISSIONS ARE PLACED IN AND MADE PARTS OF
28 THE RESPECTIVE ADMINISTRATIVE DEPARTMENTS, AS FOLLOWS:
29 IN THE DEPARTMENT OF MILITARY AFFAIRS,
30 STATE MILITARY RESERVATION COMMISSION[,
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1 STATE VETERANS' COMMISSION];
2 IN THE DEPARTMENT OF ENVIRONMENTAL RESOURCES,
3 CITIZENS ADVISORY COUNCIL;
4 [IN THE DEPARTMENT OF HEALTH,
5 ADVISORY HEALTH BOARD;]
6 IN THE DEPARTMENT OF LABOR AND INDUSTRY,
7 ADVISORY COUNCIL ON AFFAIRS OF THE HANDICAPPED,
8 ADVISORY BOARD ON PROBLEMS OF OLDER WORKERS,
9 POLICY, PLANNING AND EVALUATION ADVISORY COMMITTEE;
10 [IN THE DEPARTMENT OF PUBLIC WELFARE,]
11 IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,
12 STATE BOARD OF PUBLIC WELFARE,
13 ADVISORY COMMITTEE FOR THE BLIND,
14 ADVISORY COMMITTEE FOR GENERAL AND SPECIAL HOSPITALS,
15 ADVISORY COMMITTEE FOR CHILDREN AND YOUTH,
16 ADVISORY COMMITTEE FOR PUBLIC ASSISTANCE,
17 ADVISORY COMMITTEE FOR MENTAL HEALTH AND MENTAL
18 RETARDATION[;
19 IN THE DEPARTMENT OF COMMERCE,
20 BOARD OF THE BEN FRANKLIN PARTNERSHIP FUND],
21 ADVISORY HEALTH BOARD.
22 SECTION 4. SECTIONS 206 AND 207.1(D)(1) OF THE ACT, AMENDED
23 DECEMBER 30, 1984 (P.L.1299, NO.245), ARE AMENDED TO READ:
24 SECTION 206. DEPARTMENT HEADS.--(A) EACH ADMINISTRATIVE
25 DEPARTMENT SHALL HAVE AS ITS HEAD AN OFFICER WHO SHALL, EITHER
26 PERSONALLY, BY DEPUTY, OR BY THE DULY AUTHORIZED AGENT OR
27 EMPLOYE OF THE DEPARTMENT, AND SUBJECT AT ALL TIMES TO THE
28 PROVISIONS OF THIS ACT, EXERCISE THE POWERS AND PERFORM THE
29 DUTIES BY LAW VESTED IN AND IMPOSED UPON THE DEPARTMENT.
30 (B) THE FOLLOWING OFFICERS SHALL BE THE HEADS OF THE
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1 ADMINISTRATIVE DEPARTMENTS FOLLOWING THEIR RESPECTIVE TITLES:
2 SECRETARY OF THE COMMONWEALTH, OF THE DEPARTMENT OF STATE;
3 AUDITOR GENERAL, OF THE DEPARTMENT OF THE AUDITOR GENERAL;
4 STATE TREASURER, OF THE TREASURY DEPARTMENT;
5 ATTORNEY GENERAL, OF THE OFFICE OF ATTORNEY GENERAL;
6 SECRETARY OF EDUCATION, OF THE DEPARTMENT OF EDUCATION;
7 ADJUTANT GENERAL, OF THE DEPARTMENT OF MILITARY AFFAIRS;
8 INSURANCE COMMISSIONER, OF THE INSURANCE DEPARTMENT;
9 SECRETARY OF BANKING, OF THE DEPARTMENT OF BANKING;
10 SECRETARY OF AGRICULTURE, OF THE DEPARTMENT OF AGRICULTURE;
11 SECRETARY OF TRANSPORTATION, OF THE DEPARTMENT OF
12 TRANSPORTATION;
13 [SECRETARY OF HEALTH, OF THE DEPARTMENT OF HEALTH;]
14 SECRETARY OF LABOR AND INDUSTRY, OF THE DEPARTMENT OF LABOR
15 AND INDUSTRY;
16 SECRETARY OF AGING, OF THE DEPARTMENT OF AGING;
17 SECRETARY OF [PUBLIC WELFARE, OF THE DEPARTMENT OF PUBLIC
18 WELFARE] HEALTH AND HUMAN SERVICES, OF THE DEPARTMENT OF
19 HEALTH AND HUMAN SERVICES;
20 SECRETARY OF REVENUE, OF THE DEPARTMENT OF REVENUE;
21 SECRETARY OF [COMMERCE, OF THE DEPARTMENT OF COMMERCE;
22 SECRETARY OF COMMUNITY AFFAIRS, OF THE DEPARTMENT OF
23 COMMUNITY AFFAIRS;] COMMUNITY AND ECONOMIC
24 DEVELOPMENT, OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC
25 DEVELOPMENT;
26 SECRETARY OF ENVIRONMENTAL RESOURCES, OF THE DEPARTMENT OF
27 ENVIRONMENTAL RESOURCES;
28 SECRETARY OF GENERAL SERVICES, OF THE DEPARTMENT OF GENERAL
29 SERVICES;
30 SECRETARY OF CORRECTIONS, OF THE DEPARTMENT OF CORRECTIONS.
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1 SECTION 207.1. GUBERNATORIAL APPOINTMENTS.--* * *
2 (D) THE GOVERNOR SHALL NOMINATE IN ACCORDANCE WITH THE
3 PROVISIONS OF THE CONSTITUTION OF THE COMMONWEALTH OF
4 PENNSYLVANIA AND, BY AND WITH THE ADVICE AND CONSENT OF A
5 MAJORITY OF THE MEMBERS ELECTED TO THE SENATE APPOINT PERSONS TO
6 FILL THE FOLLOWING POSITIONS:
7 (1) THE SECRETARY OF EDUCATION, THE SECRETARY OF THE
8 COMMONWEALTH, THE ADJUTANT GENERAL, THE INSURANCE COMMISSIONER,
9 THE SECRETARY OF BANKING, THE SECRETARY OF AGRICULTURE, THE
10 SECRETARY OF TRANSPORTATION, [THE SECRETARY OF HEALTH,] THE
11 COMMISSIONER OF THE PENNSYLVANIA STATE POLICE, THE SECRETARY OF
12 CORRECTIONS, THE SECRETARY OF LABOR AND INDUSTRY, THE SECRETARY
13 OF AGING, THE SECRETARY OF [PUBLIC WELFARE] HEALTH AND HUMAN
14 SERVICES, THE SECRETARY OF GENERAL SERVICES, THE SECRETARY OF
15 REVENUE, THE SECRETARY OF [COMMERCE, THE SECRETARY OF COMMUNITY
16 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT AND THE SECRETARY OF
17 ENVIRONMENTAL RESOURCES.
18 * * *
19 SECTION 5. SECTION 406 OF THE ACT, AMENDED DECEMBER 18, 1968
20 (P.L.1232, NO.390), IS AMENDED TO READ:
21 SECTION 406. BOARD OF PROPERTY.--THE BOARD OF PROPERTY SHALL
22 CONSIST OF THE SECRETARY OF [COMMUNITY AFFAIRS] COMMUNITY AND
23 ECONOMIC DEVELOPMENT, THE SECRETARY OF THE COMMONWEALTH, AND THE
24 ATTORNEY GENERAL. TWO MEMBERS OF THE BOARD SHALL CONSTITUTE A
25 QUORUM.
26 SECTION 6. SECTION 448(F), (K) AND (L) OF THE ACT, AMENDED
27 OR ADDED DECEMBER 21, 1959 (P.L.1944, NO.709), JANUARY 13, 1966
28 (1965 P.L.1300, NO.517), JULY 9, 1970 (P.L.470, NO.161) AND JUNE
29 20, 1978 (P.L.477, NO.70), ARE AMENDED TO READ:
30 SECTION 448. ADVISORY BOARDS AND COMMISSIONS.--THE ADVISORY
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1 BOARDS AND COMMISSIONS, WITHIN THE SEVERAL ADMINISTRATIVE
2 DEPARTMENTS, SHALL BE CONSTITUTED AS FOLLOWS:
3 * * *
4 (F) THE ADVISORY HEALTH BOARD SHALL CONSIST OF THE SECRETARY
5 OF HEALTH AND HUMAN SERVICES, OR IN HIS PLACE HIS DULY
6 AUTHORIZED DEPUTY, AND TWELVE MEMBERS, FIVE OF WHOM SHALL BE
7 PHYSICIANS LICENSED TO PRACTICE MEDICINE OR OSTEOPATHY IN
8 PENNSYLVANIA, ONE A DENTIST LICENSED TO PRACTICE DENTISTRY IN
9 PENNSYLVANIA, ONE A PHARMACIST REGISTERED WITH THE STATE BOARD
10 OF PHARMACY, ONE A REGISTERED NURSE LICENSED BY THE STATE BOARD
11 OF NURSE EXAMINERS, AND ONE AN ENGINEER REGISTERED WITH THE
12 STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS WHO IS
13 EXPERIENCED IN SANITARY ENGINEERING. THE SECRETARY OF HEALTH AND
14 HUMAN SERVICES, OR IN HIS PLACE HIS DULY AUTHORIZED DEPUTY,
15 SHALL BE CHAIRMAN OF THE BOARD.
16 THE TERM OF OFFICE OF EACH APPOINTED MEMBER OF THE BOARD
17 SHALL BE FOUR YEARS, MEASURED FROM THE THIRD TUESDAY OF JANUARY
18 OF THE YEAR IN WHICH HE TAKES OFFICE, OR UNTIL HIS SUCCESSOR HAS
19 BEEN APPOINTED AND HAS QUALIFIED; EXCEPT THAT IN THE INITIAL
20 APPOINTMENT OF THE MEMBERS OF THE BOARD, ONE MEMBER SHALL BE
21 APPOINTED FOR A TERM OF ONE YEAR, THREE MEMBERS FOR A TERM OF
22 TWO YEARS, THREE MEMBERS FOR A TERM OF THREE YEARS, AND THREE
23 MEMBERS FOR A TERM OF FOUR YEARS.
24 SIX MEMBERS OF THE BOARD, TOGETHER WITH THE SECRETARY OF
25 HEALTH AND HUMAN SERVICES, OR IN HIS PLACE HIS DULY AUTHORIZED
26 DEPUTY, SHALL CONSTITUTE A QUORUM.
27 EACH APPOINTED MEMBER OF THE BOARD SHALL RECEIVE ACTUAL
28 TRAVELING EXPENSES AND PER DIEM COMPENSATION AT THE RATE OF
29 $25.00 A DAY FOR TIME ACTUALLY DEVOTED TO THE BUSINESS OF THE
30 BOARD.
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1 (K) THE STATE BOARD OF PUBLIC WELFARE IS HEREBY CREATED. THE
2 BOARD SHALL CONSIST OF THE SECRETARY OF [PUBLIC WELFARE] HEALTH
3 AND HUMAN SERVICES, EX OFFICIO, AND SIXTEEN (16) MEMBERS
4 APPOINTED BY THE GOVERNOR. FOUR (4) MEMBERS SHALL BE APPOINTED
5 FROM AMONG THE MEMBERS OF THE GENERAL ASSEMBLY, TWO (2) FROM THE
6 SENATE AND TWO (2) FROM THE HOUSE OF REPRESENTATIVES. THESE
7 MEMBERS OF THE BOARD SHALL, WITH RESPECT TO EACH BRANCH OF THE
8 GENERAL ASSEMBLY, BE FROM DIFFERENT POLITICAL PARTIES, AND THEY
9 SHALL, IN NO EVENT, RETAIN MEMBERSHIP ON THE BOARD AFTER THEY
10 CEASE TO BE MEMBERS OF THE BRANCH OF THE LEGISLATURE FROM WHICH
11 THEY WERE APPOINTED. ONE (1) MEMBER SHALL BE APPOINTED BY THE
12 GOVERNOR FROM EACH OF THE SIX (6) ADVISORY COMMITTEES CREATED BY
13 CLAUSE (L) OF THIS SECTION, AND THE FIRST MEMBER OF EACH
14 ADVISORY COMMITTEE APPOINTED BY THE GOVERNOR SHALL AUTOMATICALLY
15 BECOME A MEMBER OF THE BOARD. THE TERM OF OFFICE OF EACH MEMBER
16 OF THE BOARD, EXCEPT AS HEREIN OTHERWISE PROVIDED, SHALL BE SIX
17 (6) YEARS.
18 IN THE ORIGINAL APPOINTMENT OF THE MEMBERS OF THE BOARD, SIX
19 (6) MEMBERS SHALL BE APPOINTED FOR THE TERM OF SIX (6) YEARS,
20 FIVE (5) MEMBERS FOR THE TERM OF FOUR (4) YEARS, AND FIVE (5)
21 MEMBERS FOR THE TERM OF TWO (2) YEARS. ANY VACANCY OCCURRING IN
22 THE MEMBERSHIP OF THE BOARD SHALL BE FILLED BY THE GOVERNOR ONLY
23 FOR THE UNEXPIRED TERM. THE GOVERNOR MAY REMOVE ANY MEMBER OF
24 THE BOARD AT ANY TIME. NO MEMBER OF THE BOARD SHALL SERVE MORE
25 THAN TWO (2) CONSECUTIVE TERMS NOT INCLUDING A VACANCY
26 APPOINTMENT, NOR SHALL ANY MEMBER HOLD OFFICE IN ANY POLITICAL
27 PARTY.
28 NINE (9) MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM. A
29 CHAIRMAN WHO SHALL NOT BE A MEMBER OF AN ADVISORY COMMITTEE
30 SHALL BE ELECTED BY THE BOARD, ANNUALLY, FROM AMONG ITS MEMBERS.
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1 MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION OTHER THAN
2 REIMBURSEMENT OF TRAVEL AND OTHER ACTUAL EXPENSES INCURRED IN
3 THE PERFORMANCE OF THEIR DUTIES. THE BOARD SHALL MEET AT LEAST
4 SIX (6) TIMES A YEAR. SPECIAL MEETINGS OF THE BOARD SHALL BE
5 HELD ON CALL OF THE CHAIRMAN OR THE SECRETARY OF [PUBLIC
6 WELFARE] HEALTH AND HUMAN SERVICES, AND IT SHALL BE THE DUTY OF
7 THE CHAIRMAN TO CALL A SPECIAL MEETING UPON THE WRITTEN REQUEST
8 OF ONE-THIRD (1/3) OR MORE MEMBERS, NOT INCLUDING VACANCIES, OF
9 THE BOARD.
10 (L) THE FOLLOWING ADVISORY COMMITTEES ARE HEREBY CREATED:
11 ADVISORY COMMITTEE FOR THE BLIND,
12 ADVISORY COMMITTEE FOR GENERAL AND SPECIAL HOSPITALS,
13 ADVISORY COMMITTEE FOR CHILDREN AND YOUTH,
14 ADVISORY COMMITTEE FOR PUBLIC ASSISTANCE,
15 ADVISORY COMMITTEE FOR MENTAL HEALTH AND MENTAL RETARDATION.
16 EACH ADVISORY COMMITTEE SHALL CONSIST OF THE COMMISSIONER IN
17 THE DEPARTMENT OF [PUBLIC WELFARE] HEALTH AND HUMAN SERVICES,
18 DIRECTING THE PROGRAM TO WHICH THE ADVISORY COMMITTEE IS
19 ATTACHED, AS AN EX OFFICIO MEMBER, AND NOT LESS THAN THREE (3)
20 NOR MORE THAN NINE (9) MEMBERS APPOINTED BY THE GOVERNOR. IN THE
21 CASE OF THE ADVISORY COMMITTEE FOR MENTAL HEALTH AND MENTAL
22 RETARDATION, THE COMMITTEE SHALL INCLUDE THE CHAIRMAN OF THE
23 PUBLIC HEALTH AND WELFARE COMMITTEE OF THE SENATE, THE CHAIRMAN
24 OF THE HEALTH AND WELFARE COMMITTEE OF THE HOUSE OF
25 REPRESENTATIVES AND THE PRESIDENT OF THE PENNSYLVANIA STATE
26 ASSOCIATION OF COUNTY COMMISSIONERS OR HIS ALTERNATE. THE EXACT
27 NUMBER OF MEMBERS OF EACH ADVISORY COMMITTEE SHALL BE DETERMINED
28 BY THE GOVERNOR UPON RECOMMENDATION OF THE STATE BOARD OF PUBLIC
29 WELFARE. THE QUALIFICATIONS OF THE MEMBERS OF EACH ADVISORY
30 COMMITTEE SHALL ALSO BE DETERMINED BY THE GOVERNOR UPON
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1 RECOMMENDATION OF THE STATE BOARD OF PUBLIC WELFARE: PROVIDED,
2 THAT WITH RESPECT TO EACH ADVISORY COMMITTEE, THE GOVERNOR SHALL
3 APPOINT MEMBERS WITH DUE REGARD FOR REPRESENTATION OF THE
4 PROFESSIONAL AND LAY GROUPS CONCERNED WITH THE FIELDS OF
5 INTEREST SERVED BY THE PROGRAM TO WHICH EACH ADVISORY COMMITTEE
6 IS ATTACHED. THE TERM OF OFFICE OF EACH MEMBER OF EACH ADVISORY
7 COMMITTEE, EXCEPT AS HEREIN OTHERWISE PROVIDED, SHALL BE SIX (6)
8 YEARS.
9 THE ORIGINAL APPOINTMENT OF THE MEMBERS OF THE ADVISORY
10 COMMITTEE SHALL BE FOR OVERLAPPING TERMS OF SIX (6), FOUR (4)
11 AND TWO (2) YEARS. IN MAKING THESE ORIGINAL APPOINTMENTS, THE
12 GOVERNOR SHALL, IN SO FAR AS POSSIBLE, APPOINT APPROXIMATELY
13 ONE-THIRD (1/3) OF THE RECOMMENDED COMPLEMENT OF EACH ADVISORY
14 BOARD TO EACH OF THE OVERLAPPING TERMS.
15 A MAJORITY OF THE MEMBERS OF EACH ADVISORY COMMITTEE SHALL
16 CONSTITUTE A QUORUM. EACH ADVISORY COMMITTEE SHALL ELECT A
17 CHAIRMAN FROM AMONG ITS MEMBERS. EACH ADVISORY COMMITTEE SHALL
18 MEET AT LEAST FOUR (4) TIMES A YEAR. SPECIAL MEETINGS OF EACH
19 ADVISORY COMMITTEE SHALL BE HELD ON CALL OF THE CHAIRMAN, AND IT
20 SHALL BE THE DUTY OF THE CHAIRMAN TO CALL A SPECIAL MEETING UPON
21 THE WRITTEN REQUEST OF ONE-THIRD (1/3) OR MORE OF THE MEMBERS
22 NOT INCLUDING VACANCIES OF THE ADVISORY COMMITTEE.
23 THE PROVISIONS OF CLAUSE (K) OF THIS SECTION WITH RESPECT TO
24 FILLING OF VACANCIES, REMOVAL OF MEMBERS, LENGTH OF SERVICE,
25 POLITICAL PARTY OFFICE AND COMPENSATION SHALL BE APPLICABLE TO
26 ADVISORY COMMITTEE MEMBERS, AND ARE INCORPORATED HEREIN BY
27 REFERENCE.
28 * * *
29 SECTION 7. SECTION 451 OF THE ACT, AMENDED JULY 7, 1989
30 (P.L.241, NO.42), IS AMENDED TO READ:
19950H1177B1543 - 14 -
1 SECTION 451. STATE PLANNING BOARD.--(A) THE STATE PLANNING
2 BOARD SHALL BE AN ADVISORY BOARD WITHIN THE GOVERNOR'S OFFICE
3 WITH THE SAME STATUS UNDER THIS ACT AS THAT OF ADVISORY BOARDS.
4 (B) (1) THE STATE PLANNING BOARD SHALL CONSIST OF FIFTEEN
5 MEMBERS TO BE APPOINTED BY THE GOVERNOR FROM AMONG THE CITIZENS
6 OF THE STATE, WHO DURING THEIR TERMS SHALL HOLD NO OTHER OFFICE
7 IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO WHICH ANY SALARY
8 IS ATTACHED. IN ADDITION TO THESE MEMBERS, THERE SHALL BE SIX EX
9 OFFICIO MEMBERS, THE SECRETARY OF AGRICULTURE, THE SECRETARY OF
10 [COMMERCE, THE SECRETARY OF COMMUNITY AFFAIRS] COMMUNITY AND
11 ECONOMIC DEVELOPMENT, THE SECRETARY OF ENVIRONMENTAL RESOURCES,
12 THE SECRETARY OF [PUBLIC WELFARE] HEALTH AND HUMAN SERVICES AND
13 THE SECRETARY OF TRANSPORTATION. THERE SHALL ALSO BE TWO MEMBERS
14 APPOINTED BY, AND SERVE AT THE PLEASURE OF, THE PRESIDENT PRO
15 TEMPORE OF THE SENATE, NEITHER OF WHOM SHALL BE MEMBERS OF THE
16 SAME POLITICAL PARTY, AND TWO MEMBERS APPOINTED BY, AND SERVE AT
17 THE PLEASURE OF, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES,
18 NEITHER OF WHOM SHALL BE MEMBERS OF THE SAME POLITICAL PARTY.
19 THE TERMS OF OFFICE OF THOSE MEMBERS APPOINTED BY THE GOVERNOR
20 SHALL BE FOR FOUR YEARS AND UNTIL THEIR SUCCESSORS ARE APPOINTED
21 AND HAVE QUALIFIED. IN CASE OF A VACANCY, THE GOVERNOR SHALL
22 MAKE AN APPOINTMENT FOR THE UNEXPIRED PORTION OF THE TERM. THE
23 GOVERNOR SHALL DESIGNATE THE CHAIRMAN AND VICE-CHAIRMAN OF THE
24 BOARD FROM AMONG THE MEMBERS OF THE BOARD, OTHER THAN THE EX
25 OFFICIO AND LEGISLATIVE MEMBERS.
26 (2) THIRTEEN MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
27 (3) THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT
28 COMPENSATION BUT SHALL BE ENTITLED TO RECEIVE TRAVELING AND
29 OTHER REASONABLE EXPENSES INCURRED IN THE DISCHARGE OF THEIR
30 DUTIES.
19950H1177B1543 - 15 -
1 (4) THE BOARD MAY, WITH THE APPROVAL OF THE GOVERNOR,
2 APPOINT AND FIX THE COMPENSATION OF AN EXECUTIVE DIRECTOR WHO
3 SHALL BE TECHNICALLY QUALIFIED FOR THE DUTIES OF THE OFFICE AND
4 WHO SHALL ACT AS SECRETARY OF THE BOARD AND CONDUCT THE WORK OF
5 THE BOARD UNDER ITS SUPERVISION.
6 (C) THE BOARD SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
7 (1) CONDUCT RESEARCH AND COLLECT, COMPILE AND ANALYZE DATA
8 BEARING UPON SOCIAL, ECONOMIC, PHYSICAL, DEMOGRAPHIC AND OTHER
9 FACTORS WHICH MAY INFLUENCE THE PRESENT AND FUTURE WELFARE OF
10 THE COMMONWEALTH.
11 (2) MONITOR NATIONAL AND STATE TRENDS, IDENTIFY ISSUES OF
12 POTENTIAL INTEREST AND CONCERN TO THE COMMONWEALTH AND PREPARE
13 FOR THE GOVERNOR AND THE GENERAL ASSEMBLY ON AN ANNUAL BASIS, OR
14 MORE OFTEN IF NECESSARY, REPORTS DETAILING THE FINDINGS OF THE
15 BOARD.
16 (3) DEVELOP STRATEGIC PLANS AND PROGRAMS TO PROMOTE AND
17 ENHANCE THE WELFARE OF THE COMMONWEALTH AND MAKE SUCH
18 RECOMMENDATIONS THEREON TO THE GOVERNOR AS IT MAY DEEM PROPER
19 AND ADVISABLE.
20 (4) SOLICIT INFORMATION AND INPUT FROM STATE AND LOCAL
21 GOVERNMENT OFFICIALS AND PRIVATE CITIZENS IN PENNSYLVANIA AS
22 PART OF THE PROCESS OF DEVELOPING STRATEGIC PLANS AND PROGRAMS.
23 (5) SUBMIT ANNUALLY TO THE GOVERNOR, THE PRESIDENT PRO
24 TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF
25 REPRESENTATIVES A REPORT ON ITS PROGRAM AND ACTIVITIES.
26 SECTION 8. SECTION 471 OF THE ACT, AMENDED NOVEMBER 1, 1979
27 (P.L.251, NO.83), IS AMENDED TO READ:
28 SECTION 471. ENVIRONMENTAL QUALITY BOARD.--THE ENVIRONMENTAL
29 QUALITY BOARD SHALL CONSIST OF THE SECRETARY OF ENVIRONMENTAL
30 RESOURCES, WHO SHALL BE CHAIRMAN THEREOF, THE SECRETARY OF
19950H1177B1543 - 16 -
1 HEALTH, THE SECRETARY OF [COMMERCE] COMMUNITY AND ECONOMIC
2 DEVELOPMENT, THE SECRETARY OF TRANSPORTATION, THE SECRETARY OF
3 AGRICULTURE, THE SECRETARY OF LABOR AND INDUSTRY, [THE SECRETARY
4 OF COMMUNITY AFFAIRS,] THE EXECUTIVE DIRECTOR OF THE FISH AND
5 BOAT COMMISSION, THE EXECUTIVE DIRECTOR OF THE GAME COMMISSION,
6 THE CHAIRMAN OF THE PUBLIC UTILITIES COMMISSION, THE EXECUTIVE
7 DIRECTOR OF THE STATE PLANNING BOARD, THE EXECUTIVE DIRECTOR OF
8 THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION, FIVE MEMBERS
9 OF THE CITIZENS ADVISORY COUNCIL, AND FOUR MEMBERS OF THE
10 GENERAL ASSEMBLY. THE CITIZENS ADVISORY COUNCIL MEMBERS SHALL BE
11 DESIGNATED BY, AND SERVE AT THE PLEASURE OF, THE CITIZENS
12 ADVISORY COUNCIL. ONE OF THE GENERAL ASSEMBLY MEMBERS SHALL BE
13 DESIGNATED BY, AND SERVE AT THE PLEASURE OF, THE PRESIDENT PRO
14 TEMPORE OF THE SENATE, ONE BY THE MINORITY LEADER OF THE SENATE,
15 ONE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE BY
16 THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. IN ADDITION
17 TO THE HEADS OF THE VARIOUS DEPARTMENTS AS ELSEWHERE IN THIS ACT
18 PROVIDED, THE OTHER MEMBERS OF THE BOARD MAY HAVE NAMED
19 ALTERNATES TO SERVE IN THEIR STEAD, THE ALTERNATES FOR THE
20 MEMBERS OF THE BOARD FROM THE CITIZENS ADVISORY COUNCIL TO BE
21 SELECTED BY THAT COUNCIL FROM MEMBERS OF THE COUNCIL AND EACH
22 OTHER ALTERNATE TO BE SELECTED BY THAT PARTICULAR MEMBER OF THE
23 BOARD IN WHOSE STEAD HE IS TO SERVE. NO PERSON WILL SERVE AS
24 ALTERNATE FOR MORE THAN ONE BOARD MEMBER.
25 EIGHT MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
26 SECTION 9. SECTION 473 OF THE ACT, ADDED DECEMBER 3, 1970
27 (P.L.834, NO.275), IS AMENDED TO READ:
28 SECTION 473. STATE BOARD FOR CERTIFICATION OF SEWAGE
29 TREATMENT PLANT AND WATERWORKS OPERATORS.--THE STATE BOARD FOR
30 CERTIFICATION OF SEWAGE TREATMENT PLANT AND WATERWORKS OPERATORS
19950H1177B1543 - 17 -
1 SHALL CONSIST OF THE SECRETARY OF ENVIRONMENTAL RESOURCES, OR
2 HIS REPRESENTATIVE, AND FIVE ADDITIONAL MEMBERS TO BE APPOINTED
3 BY THE GOVERNOR.
4 ONE MEMBER SHALL BE AN EMPLOYE OF A MUNICIPALITY OR
5 MUNICIPALITY AUTHORITY WHICH OPERATES A SEWAGE TREATMENT PLANT,
6 WATER TREATMENT PLANT OR WATER DISTRIBUTION SYSTEM OR A
7 REPRESENTATIVE OF A STATE ASSOCIATION OF MUNICIPALITIES OR
8 MUNICIPALITY AUTHORITIES.
9 ONE MEMBER SHALL BE AN INDIVIDUAL QUALIFIED UNDER THIS ACT TO
10 OPERATE ANY WATER TREATMENT PLANT.
11 ONE MEMBER SHALL BE THE OWNER OR OFFICIAL OF A PRIVATELY
12 OWNED WATERWORKS.
13 ONE MEMBER SHALL BE AN INDIVIDUAL QUALIFIED UNDER THIS ACT TO
14 OPERATE ANY SEWAGE TREATMENT PLANT.
15 ONE MEMBER SHALL BE ON THE TEACHING STAFF OF THE CIVIL OR
16 SANITARY ENGINEERING DEPARTMENT OF AN ACCREDITED PENNSYLVANIA
17 UNIVERSITY OR COLLEGE.
18 THE ORIGINAL APPOINTED MEMBERS OF THE BOARD, IN THE ORDER
19 LISTED ABOVE, SHALL HOLD OFFICE FOR ONE, TWO, THREE AND FOUR
20 YEARS RESPECTIVELY. THEREAFTER, EACH APPOINTMENT SHALL BE FOR A
21 PERIOD OF FOUR YEARS DURATION. THE GOVERNOR MAY REAPPOINT BOARD
22 MEMBERS FOR SUCCESSIVE TERMS. MEMBERS OF THE BOARD SHALL REMAIN
23 IN OFFICE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. IF
24 VACANCIES OCCUR PRIOR TO COMPLETION OF A TERM THE GOVERNOR SHALL
25 APPOINT ANOTHER MEMBER IN ACCORDANCE WITH THIS SECTION TO FILL
26 THE UNEXPIRED TERM.
27 THE PRESENT MEMBERS OF THE BOARD SHALL CONTINUE TO BE MEMBERS
28 SUBJECT TO THE OTHER PROVISIONS OF THIS SECTION EXCEPT THAT THE
29 SECRETARY OF ENVIRONMENTAL RESOURCES SHALL REPLACE THE SECRETARY
30 OF HEALTH AND HUMAN SERVICES. A CHAIRMAN AND SECRETARY OF THE
19950H1177B1543 - 18 -
1 BOARD SHALL BE ELECTED ANNUALLY. FOUR MEMBERS OF THE BOARD SHALL
2 CONSTITUTE A QUORUM. MEETINGS MAY BE CALLED BY THE CHAIRMAN AS
3 NEEDED TO CONDUCT THE BUSINESS OF THE BOARD.
4 THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR
5 THEIR SERVICE BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY
6 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
7 SECTION 10. SECTION 475 OF THE ACT, AMENDED JULY 9, 1976
8 (P.L.980, NO.197), IS AMENDED TO READ:
9 SECTION 475. NAVIGATION COMMISSION FOR THE DELAWARE RIVER
10 AND ITS NAVIGABLE TRIBUTARIES.--(A) THE NAVIGATION COMMISSION
11 FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES SHALL
12 CONSIST OF NINE MEMBERS, FOUR TO BE APPOINTED BY THE GOVERNOR;
13 BY AND WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE MEMBERS
14 OF THE SENATE; TWO OF WHOM SHALL BE APPOINTED FROM AMONG THE
15 RESIDENTS OF DELAWARE COUNTY; ONE OF WHOM SHALL BE APPOINTED
16 FROM AMONG RESIDENTS OF BUCKS COUNTY; AND ONE OF WHOM SHALL BE
17 APPOINTED FROM AMONG THE RESIDENTS OF PHILADELPHIA COUNTY; TWO
18 TO BE APPOINTED BY THE MAYOR OF THE CITY OF PHILADELPHIA; ONE TO
19 BE THE SECRETARY OF ENVIRONMENTAL RESOURCES OR HIS DESIGNEE, WHO
20 SHALL SERVE EX OFFICIO, ONE TO BE THE SECRETARY OF [COMMERCE]
21 COMMUNITY AND ECONOMIC DEVELOPMENT OR HIS DESIGNEE, WHO SHALL BE
22 CHAIRMAN; AND ONE OF WHOM SHALL BE THE DIRECTOR OF COMMERCE OF
23 THE CITY OF PHILADELPHIA, WHO SHALL SERVE EX OFFICIO. THE
24 PRINCIPAL OFFICE OF THE COMMISSION SHALL BE IN THE CITY OF
25 PHILADELPHIA.
26 (B) THE MEMBERS OF THE NAVIGATION COMMISSION FOR THE
27 DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES, HEREINAFTER
28 REFERRED TO AS THE COMMISSIONERS, SHALL BE APPOINTED INITIALLY,
29 TWO BY THE GOVERNOR AND ONE BY THE MAYOR FOR A TERM OF TWO YEARS
30 AND TWO BY THE GOVERNOR AND ONE BY THE MAYOR FOR A TERM OF FOUR
19950H1177B1543 - 19 -
1 YEARS, AND SHALL HOLD OFFICE FOR A TERM OF FOUR YEARS
2 THEREAFTER, AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND
3 QUALIFIED, AND MAY BE ELIGIBLE FOR REAPPOINTMENT TO OFFICE. THEY
4 SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE REIMBURSED FOR
5 NECESSARY EXPENSES. A MAJORITY OF THE COMMISSIONERS, APPOINTED
6 BY THE GOVERNOR AND THE MAYOR OF THE CITY OF PHILADELPHIA, SHALL
7 CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS.
8 (C) THE COMMISSION SHALL HAVE A SECRETARY, AND SUCH CLERKS
9 AS MAY BE NECESSARY TO KEEP ACCURATE MINUTES AND ENTRIES OF ALL
10 ORDERS, REGULATIONS, AND TRANSACTIONS OF THE SAID COMMISSIONERS,
11 IN A BOOK OR BOOKS TO BE KEPT FOR THAT PURPOSE; AND THE SAID
12 MINUTES AND ENTRIES SHALL BE SUBMITTED TO THE INSPECTION OF ANY
13 PERSON OR PERSONS WHO SHALL DESIRE TO SEE AND PERUSE THE SAME;
14 AND THE SAID COMMISSIONERS SHALL GIVE TRUE COPIES OF ALL SUCH
15 ENTRIES OR MINUTES, MADE IN THE SAID BOOK OR BOOKS AS MAY BE
16 REQUIRED, TO SUCH PERSON OR PERSONS AS SHALL DEMAND THE SAME, HE
17 OR THEY PAYING TO THE SAID COMMISSIONERS ONE CENT PER LINE FOR
18 EACH COPY THEREOF. THE COMMISSIONERS MAY ALSO HAVE, IF THE
19 SECRETARY OF [COMMERCE] COMMUNITY AND ECONOMIC DEVELOPMENT
20 APPROVE, A CIVIL ENGINEER, AND SUCH OTHER EMPLOYES AS ARE
21 NECESSARY TO THE PROPER TRANSACTION OF THE BUSINESS OF THE
22 NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE
23 TRIBUTARIES. THE SAID COMMISSIONERS SHALL HAVE AUTHORITY TO
24 MAINTAIN ADEQUATE OFFICES AND A MEETING ROOM.
25 THE SECRETARY OF [COMMERCE] COMMUNITY AND ECONOMIC
26 DEVELOPMENT SHALL APPOINT THE SECRETARY AND ALL EMPLOYES OF THE
27 COMMISSION, WHOSE SALARIES SHALL BE FIXED AS PROVIDED BY LAW.
28 SECTION 11. SECTION 514(B) AND (D) OF THE ACT, AMENDED
29 DECEMBER 18, 1968 (P.L.1232, NO.390), ARE AMENDED TO READ:
30 SECTION 514. SALE OF REAL ESTATE AND GRANTS OF RIGHTS OF WAY
19950H1177B1543 - 20 -
1 OR OTHER RIGHTS OVER OR IN REAL ESTATE; TAPPING WATER LINES OF
2 INSTITUTIONS AND SANATORIA.--* * *
3 (B) ANY DEPARTMENT, BOARD, OR COMMISSION, HAVING CONTROL
4 OVER LANDS OF THE COMMONWEALTH UNDERLAID WITH VEINS OF COAL,
5 MAY, WITH THE APPROVAL OF THE GOVERNOR, EXCHANGE PART OF SUCH
6 COAL FOR COAL IN PLACE, OWNED BY PRIVATE INTERESTS, WHICH MAY BE
7 NECESSARY TO INSURE LATERAL OR SURFACE SUPPORT FOR ANY BUILDING,
8 RESERVOIR, OR STRUCTURE ERECTED OR TO BE ERECTED ON SUCH LANDS
9 OF THE COMMONWEALTH: PROVIDED, THAT THE COAL GIVEN BY THE
10 DEPARTMENT, BOARD, OR COMMISSION, TO PRIVATE INTERESTS, SHALL BE
11 APPROXIMATELY EQUIVALENT IN VALUE TO THE COAL RECEIVED IN
12 EXCHANGE THEREFOR; EVERY SUCH DEPARTMENT, BOARD, OR COMMISSION
13 IS HEREBY AUTHORIZED AND EMPOWERED TO EXECUTE AND DELIVER AND TO
14 RECEIVE LEGAL INSTRUMENTS AND DEEDS NECESSARY TO EFFECTUATE ANY
15 EXCHANGE AUTHORIZED HEREUNDER, WHICH INSTRUMENTS AND DEEDS SHALL
16 HAVE THE PRIOR APPROVAL OF THE DEPARTMENT OF JUSTICE, AND A COPY
17 THEREOF SHALL BE FILED WITH THE DEPARTMENT OF [COMMUNITY
18 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT.
19 * * *
20 (D) IN THE EVENT THAT THE FACILITIES OF ANY CORPORATION
21 HERETOFORE CREATED UNDER THE ACT, APPROVED THE TWENTY-NINTH DAY
22 OF APRIL, ONE THOUSAND EIGHT HUNDRED SEVENTY-FOUR (PAMPHLET
23 LAWS, SEVENTY-THREE), SECTION TWO, CLAUSE ELEVEN, AS AMENDED BY
24 THE ACT, APPROVED THE EIGHTH DAY OF MAY, ONE THOUSAND EIGHT
25 HUNDRED EIGHTY-NINE (PAMPHLET LAWS, ONE HUNDRED THIRTY-SIX), ARE
26 LOCATED BY VIRTUE OF A PERMANENT EASEMENT, RIGHT OF WAY UPON,
27 ACROSS, OVER, UNDER OR ALONG LANDS OF THE COMMONWEALTH, WHICH
28 LANDS WERE ACQUIRED BY IT SUBJECT TO SUCH EASEMENT OR RIGHT OF
29 WAY AND IN THE INTEREST OF NATIONAL DEFENSE, SUCH CORPORATION
30 CONSENTS OR IS REQUIRED TO REMOVE OR DISPOSE OF SUCH FACILITIES
19950H1177B1543 - 21 -
1 AND ABANDON SUCH EASEMENT OR RIGHT OF WAY, ANY DEPARTMENT, BOARD
2 OR COMMISSION HAVING CONTROL OVER SUCH LANDS OF THE COMMONWEALTH
3 MAY, WITH THE APPROVAL OF THE GOVERNOR, AND UPON THE SURRENDER
4 TO THE COMMONWEALTH OF THE EASEMENT OR RIGHT OF WAY PERTAINING
5 TO SUCH FACILITIES GRANT TO SUCH CORPORATION A PERMANENT
6 EASEMENT OR RIGHT OF WAY UPON, ACROSS, OVER, UNDER OR ALONG
7 OTHER LANDS OF THE COMMONWEALTH IN THE SAME LOCALITY. EVERY SUCH
8 DEPARTMENT, BOARD OR COMMISSION IS HEREBY AUTHORIZED AND
9 EMPOWERED TO EXECUTE AND DELIVER AND TO RECEIVE DEEDS OR OTHER
10 LEGAL INSTRUMENTS NECESSARY TO EFFECTUATE SUCH GRANT AND
11 SURRENDER, WHICH DEEDS OR INSTRUMENTS SHALL HAVE THE PRIOR
12 APPROVAL OF THE DEPARTMENT OF JUSTICE, AND A COPY THEREOF SHALL
13 BE FILED WITH THE DEPARTMENT OF [COMMUNITY AFFAIRS] COMMUNITY
14 AND ECONOMIC DEVELOPMENT.
15 * * *
16 SECTION 12. SECTION 605-A OF THE ACT, AMENDED FEBRUARY 17,
17 1984 (P.L.75, NO.14), IS AMENDED TO READ:
18 SECTION 605-A. DEPARTMENT OF [COMMUNITY AFFAIRS] COMMUNITY
19 AND ECONOMIC DEVELOPMENT.--THE DEPARTMENT OF [COMMUNITY AFFAIRS]
20 COMMUNITY AND ECONOMIC DEVELOPMENT IS AUTHORIZED TO CHARGE FEES
21 FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
22 (1) MUNICIPAL INDEBTEDNESS:
23 (I) FILING FEE FOR EACH FILING........... $50.00
24 IN ADDITION THE FILING SHALL BE
25 ACCOMPANIED BY AN ADDITIONAL FEE OF
26 1/32 MILL ON EACH DOLLAR OF THE AGGRE-
27 GATE PRINCIPAL AMOUNT OF THE DEBT
28 RELATING TO SUCH FILING.
29 SECTION 13. SECTION 1203 INTRODUCTORY PARAGRAPH OF THE ACT,
30 AMENDED DECEMBER 18, 1968 (P.L.1232, NO.390), IS AMENDED TO
19950H1177B1543 - 22 -
1 READ:
2 SECTION 1203. LAND OFFICE.--THE DEPARTMENT OF [COMMUNITY
3 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT SHALL HAVE THE
4 POWER, AND ITS DUTY SHALL BE:
5 * * *
6 SECTION 14. SECTION 1204 INTRODUCTORY PARAGRAPH OF THE ACT,
7 AMENDED FEBRUARY 1, 1966 (1965 P.L.1849, NO.582), IS AMENDED TO
8 READ:
9 SECTION 1204. MUNICIPALITIES.--THE DEPARTMENT OF [COMMUNITY
10 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT SHALL HAVE THE
11 POWER, AND ITS DUTY SHALL BE:
12 * * *
13 SECTION 15. SECTION 1205 INTRODUCTORY PARAGRAPH OF THE ACT,
14 AMENDED DECEMBER 18, 1968 (P.L.1232, NO.390), IS AMENDED TO
15 READ:
16 SECTION 1205. STATISTICS AND INFORMATION.--THE DEPARTMENT OF
17 [COMMERCE] COMMUNITY AND ECONOMIC DEVELOPMENT SHALL HAVE THE
18 POWER, AND ITS DUTY SHALL BE:
19 * * *
20 SECTION 16. SECTION 1207 OF THE ACT, AMENDED JULY 29, 1953
21 (P.L.1023, NO.263) AND DECEMBER 18, 1968 (P.L.1232, NO.390) AND
22 REPEALED IN PART APRIL 28, 1978 (P.L.202, NO.53), IS AMENDED TO
23 READ:
24 SECTION 1207. BOARD OF PROPERTY.--THE BOARD OF PROPERTY
25 SHALL, SUBJECT TO ANY INCONSISTENT PROVISIONS IN THIS ACT
26 CONTAINED, CONTINUE TO EXERCISE THE POWERS AND PERFORM THE
27 DUTIES BY LAW VESTED IN AND IMPOSED UPON THE SAID BOARD.
28 IT SHALL HEAR AND DETERMINE, IN ALL CASES OF CONTROVERSY ON
29 CAVEATS, IN ALL MATTERS OF DIFFICULTY OR IRREGULARITY TOUCHING
30 ESCHEATS, WARRANTS ON ESCHEATS, WARRANTS TO AGREE, RIGHTS OF
19950H1177B1543 - 23 -
1 PREEMPTION, PROMISES, IMPERFECT TITLES, OR OTHERWISE, WHICH
2 HERETOFORE HAVE OR HEREAFTER MAY ARISE IN TRANSACTING THE
3 BUSINESS OF THE LAND OFFICE IN THE DEPARTMENT OF [COMMUNITY
4 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT: PROVIDED, HOWEVER,
5 THAT NO DETERMINATION OF THE BOARD OF PROPERTY SHALL BE DEEMED,
6 TAKEN AND CONSTRUED TO PREVENT EITHER OF THE PARTIES FROM
7 BRINGING THEIR ACTION AT THE COMMON LAW, EITHER FOR THE RECOVERY
8 OF POSSESSION OR DETERMINING DAMAGES FOR WASTE OR TRESPASS.
9 THE BOARD OF PROPERTY SHALL ALSO HAVE JURISDICTION TO HEAR
10 AND DETERMINE CASES INVOLVING THE TITLE TO LAND OR INTEREST
11 THEREIN BROUGHT BY PERSONS WHO CLAIM AN INTEREST IN THE TITLE TO
12 LANDS OCCUPIED OR CLAIMED BY THE COMMONWEALTH.
13 THE BOARD SHALL MAKE ITS DETERMINATION WITHIN THIRTY (30)
14 DAYS AFTER THE FINAL HEARING ON ANY OF THE ABOVE MATTERS.
15 SECTION 17. SECTION 1209 OF THE ACT, AMENDED FEBRUARY 1,
16 1966 (1965 P.L.1849, NO.582), IS AMENDED TO READ:
17 SECTION 1209. LOCAL GOVERNMENT BUDGET AND FINANCIAL REPORTS;
18 COMPILATION OF STATISTICS.--THE DEPARTMENT OF [COMMUNITY
19 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT SHALL HAVE POWER AND
20 ITS DUTY SHALL BE:
21 (A) TO PREPARE, IN COOPERATION WITH DULY AUTHORIZED
22 COMMITTEES OF LOCAL GOVERNMENT OFFICIALS, AND FURNISH ANNUALLY
23 AT THE EXPENSE OF THE COMMONWEALTH, TO THE CORPORATE AUTHORITIES
24 OF EACH COUNTY (EXCEPT COUNTIES OF THE FIRST CLASS), CITY OF THE
25 THIRD CLASS, BOROUGH, INCORPORATED TOWN, TOWNSHIP, SCHOOL
26 DISTRICT OF THE SECOND, THIRD, AND FOURTH CLASS BLANK FORMS
27 SUITABLE FOR THE MAKING OF BUDGETS BY THE PROPER AUTHORITIES OF
28 SAID LOCAL GOVERNMENT AND FOR THE FILING OF A COPY OF THE BUDGET
29 AFTER ADOPTION WITH SAID DEPARTMENT.
30 (B) TO FURNISH TO THE CORPORATE AUTHORITIES OF EACH COUNTY
19950H1177B1543 - 24 -
1 (EXCEPT COUNTIES OF THE FIRST CLASS), CITY OF THE THIRD CLASS,
2 BOROUGH, INCORPORATED TOWN, TOWNSHIP SUITABLE BLANK FORMS FOR
3 THE MAKING OF ANNUAL REPORTS OF THE FINANCIAL CONDITION OF THEIR
4 RESPECTIVE LOCAL GOVERNMENTS TO THE DEPARTMENT, WHICH FORMS FOR
5 FINANCIAL REPORT PURPOSES SHALL BE PLACED BY SAID CORPORATE
6 AUTHORITIES INTO THE HANDS OF THE DIRECTOR, CONTROLLER OR
7 AUDITORS WHO BY LAW ARE REQUIRED TO MAKE SUCH FINANCIAL REPORTS
8 TO THE DEPARTMENT. SUCH ANNUAL FINANCIAL REPORTS SHALL BE
9 PREPARED IN COOPERATION WITH AFORESAID DULY AUTHORIZED
10 COMMITTEES OF LOCAL GOVERNMENT OFFICIALS AND SHALL CONTAIN: (1)
11 A STATEMENT OF THE RECEIPTS OF THE UNIT OF LOCAL GOVERNMENT FROM
12 ALL SOURCES AND OF ALL ACCOUNTS AND REVENUE WHICH MAY BE DUE AND
13 UNCOLLECTED AT THE CLOSE OF THE FISCAL YEAR; (2) A STATEMENT OF
14 THE DISBURSEMENTS FOR ALL THE GOVERNMENTAL ACTIVITIES OF THE
15 UNIT OF LOCAL GOVERNMENT DURING THE FISCAL YEAR; (3) A DETAILED
16 STATEMENT OF THE INDEBTEDNESS OF THE UNIT OF LOCAL GOVERNMENT AT
17 THE CLOSE OF THE FISCAL YEAR, THE PROVISIONS MADE FOR THE
18 PAYMENT THEREOF, TOGETHER WITH THE PURPOSES FOR WHICH IT WAS
19 INCURRED; (4) A STATEMENT OF THE COST OF OWNERSHIP AND OPERATION
20 OF EACH AND EVERY PUBLIC SERVICE INDUSTRY OWNED, MAINTAINED OR
21 OPERATED BY THE UNIT OF LOCAL GOVERNMENT; (5) SUCH FURTHER OR
22 MORE SPECIFIC INFORMATION IN RELATION TO THE COST OF ANY BRANCH
23 OF THE LOCAL GOVERNMENT AND IMPROVEMENTS THEREIN AS MAY BE
24 REQUIRED BY THE DEPARTMENT.
25 IN THE CASE OF BLANK FORMS FOR FINANCIAL REPORTS BY TOWNSHIPS
26 OF THE SECOND CLASS AND COUNTIES, THE SAME SHALL BE SO ARRANGED
27 THAT CORRESPONDING DATA AND INFORMATION, REQUIRED TO BE REPORTED
28 BY SAID UNITS OF LOCAL GOVERNMENT TO THE DEPARTMENT OF
29 [HIGHWAYS] TRANSPORTATION OR THE DEPARTMENT OF [PUBLIC WELFARE]
30 HEALTH AND HUMAN SERVICES, MAY BE USED FOR THE INFORMATION
19950H1177B1543 - 25 -
1 REQUIRED TO BE FURNISHED TO THE DEPARTMENT OF [COMMUNITY
2 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT UNDER THIS SECTION.
3 (C) THE SUBSTANCE OF THE ANNUAL BUDGET AND FINANCIAL
4 REPORTS, REQUIRED BY LAW TO BE MADE TO THE DEPARTMENT OF
5 [COMMUNITY AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT BY THE
6 CORPORATE OFFICERS, DIRECTORS, CONTROLLERS, AND AUDITORS OF
7 UNITS OF LOCAL GOVERNMENT, SHALL BE ARRANGED BY SAID DEPARTMENT
8 IN SUCH FORM AS SHALL INDICATE THE COMPARATIVE RECEIPTS FROM THE
9 VARIOUS SOURCES OF REVENUE AND THE COMPARATIVE COSTS OF THE
10 SEVERAL BRANCHES OF LOCAL GOVERNMENT IN THE GOVERNMENTS MAKING
11 SUCH REPORTS, SHALL BE PUBLISHED AT THE COST OF THE COMMONWEALTH
12 IN AN ANNUAL STATEMENT OF COMPARATIVE STATISTICS WHICH SHALL BE
13 ISSUED FOR EACH CLASS OF LOCAL GOVERNMENT AS A PUBLIC DOCUMENT,
14 AND SHALL BE SUBMITTED BY THE DEPARTMENT TO THE GENERAL ASSEMBLY
15 AT EACH REGULAR SESSION. COPIES THEREOF SHALL ALSO BE FURNISHED
16 BY THE DEPARTMENT TO EACH SUCH LOCAL GOVERNMENT UNIT NAMED
17 THEREIN.
18 SECTION 18. SECTION 1210 OF THE ACT, AMENDED DECEMBER 18,
19 1968 (P.L.1232, NO.390), IS AMENDED TO READ:
20 SECTION 1210. PENNSYLVANIA SYSTEM OF COORDINATES.--THE
21 DEPARTMENT OF [COMMUNITY AFFAIRS] COMMUNITY AND ECONOMIC
22 DEVELOPMENT SHALL HAVE POWER, AND ITS DUTY SHALL BE, TO
23 ESTABLISH AND REGULATE THE ESTABLISHMENT IN THIS COMMONWEALTH OF
24 THE SYSTEM OF RECTANGULAR COORDINATES WHICH HAS BEEN ESTABLISHED
25 AND ADOPTED BY THE UNITED STATES COAST AND GEODETIC SURVEY FOR
26 DEFINING AND STATING THE POSITIONS AND LOCATION OF POINTS ON THE
27 SURFACE OF THE EARTH, TO ESTABLISH OR FIX TRIANGULATION AND
28 TRAVERSE STATIONS, TO COLLECT, CHECK, COORDINATE AND PRESERVE
29 SURVEY DATA, TO ADVISE WITH PARTIES USING THE SYSTEM OF
30 COORDINATES, TO SUPERVISE THE MARKING OF SURVEYS WHICH ARE TO
19950H1177B1543 - 26 -
1 BECOME A PART OF THE SYSTEM, TO KEEP OFFICIAL RECORDS OF ALL
2 SURVEYS AND MAPS, TO ADMINISTER THE LAW ESTABLISHING THE
3 "PENNSYLVANIA COORDINATE SYSTEM," AND TO ADOPT AND ENFORCE SUCH
4 RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY TO CARRY THESE
5 POWERS INTO EFFECT, AND TO ADMINISTER THE LAW RELATING TO THE
6 "PENNSYLVANIA COORDINATE SYSTEM."
7 SECTION 19. SECTION 1413 OF THE ACT, ADDED MARCH 9, 1949
8 (P.L.23, NO.9), IS AMENDED TO READ:
9 SECTION 1413. INDIANTOWN GAP MILITARY RESERVATION.--THE
10 DEPARTMENT OF MILITARY AFFAIRS, IN COOPERATION WITH THE
11 DEPARTMENT OF [PUBLIC INSTRUCTION] EDUCATION, THE DEPARTMENT OF
12 HEALTH AND HUMAN SERVICES, AND OTHER STATE DEPARTMENTS OR
13 AGENCIES, SHALL HAVE POWER TO ESTABLISH A RECREATIONAL CAMP AT
14 INDIANTOWN GAP MILITARY RESERVATION FOR UNDERPRIVILEGED CHILDREN
15 BASED UPON THE POPULATION OF THE VARIOUS COUNTIES.
16 IN CONNECTION WITH THIS CAMP THE DEPARTMENT OF MILITARY
17 AFFAIRS, SUBJECT TO THE APPROVAL OF THE GOVERNOR, SHALL, EXCEPT
18 AS HEREINAFTER PROVIDED, HAVE ALL POWERS NECESSARY FOR THE
19 CARRYING OUT OF THE AFORESAID PURPOSE INCLUDING, BUT WITHOUT
20 LIMITING THE GENERALITY OF THE FOREGOING, THE POWER TO:
21 (A) PROVIDE TRANSPORTATION TO AND FROM THE CAMP;
22 (B) PROVIDE FOOD AND MEDICAL CARE FOR THE CHILDREN AND
23 PERSONNEL ENGAGED WITH THE OPERATION OF SAID CAMP;
24 (C) DETERMINE THE OPENING AND CLOSING DATES OF SAID CAMP;
25 (D) MAKE RULES AND REGULATIONS COVERING THE MAINTENANCE AND
26 OPERATION OF SAID CAMP.
27 IN CONNECTION WITH THIS CAMP THE DEPARTMENT OF [PUBLIC
28 INSTRUCTION] EDUCATION, SUBJECT TO THE APPROVAL OF THE GOVERNOR,
29 SHALL HAVE THE POWER TO:
30 (A) ESTABLISH AGE LIMITS FOR ADMITTANCE TO SAID CAMP;
19950H1177B1543 - 27 -
1 (B) ESTABLISH A METHOD OF SELECTING UNDERPRIVILEGED CHILDREN
2 FOR THE CAMP THROUGH THE PUBLIC SCHOOLS AND PRIVATE AND
3 PAROCHIAL SCHOOLS OF THE COMMONWEALTH. SUCH SELECTION SHALL BE
4 MADE WITHOUT REGARD TO RACE, COLOR OR CREED;
5 (C) EMPLOY NECESSARY PERSONNEL TO SUPERVISE THE ACTIVITIES
6 AT SAID CAMP;
7 (D) PROVIDE RECREATIONAL FACILITIES, HEALTH, EDUCATIONAL AND
8 PATRIOTIC PROGRAMS AT SAID CAMP;
9 (E) ARRANGE FOR RELIGIOUS SERVICES OR ATTENDANCE AT
10 CHURCHES.
11 SECTION 20. SECTION 1711 OF THE ACT, ADDED JULY 2, 1953
12 (P.L.341, NO.78), IS AMENDED TO READ:
13 SECTION 1711. MILK SANITATION.--THE DEPARTMENT OF
14 AGRICULTURE SHALL HAVE THE POWER, AND ITS DUTY SHALL BE:
15 (A) TO ENFORCE, ADMINISTER AND CARRY OUT THE PROVISIONS OF
16 THE ACT APPROVED THE SECOND OF JULY, ONE THOUSAND NINE HUNDRED
17 THIRTY-FIVE (PAMPHLET LAWS 589), ENTITLED "AN ACT TO SAFEGUARD
18 HUMAN HEALTH AND LIFE BY PROVIDING FOR THE ISSUANCE OF PERMITS
19 TO, AND REGULATION OF PERSONS AND ENTITIES SELLING MILK AND MILK
20 PRODUCTS; CONFERRING POWERS, AND IMPOSING DUTIES ON THE
21 SECRETARY OF HEALTH, THE ADVISORY HEALTH BOARD; AND OTHERWISE
22 PROVIDING FOR THE ADMINISTRATION OF THE ACT; AND IMPOSING
23 PENALTIES."
24 (B) TO PERFORM ALL DUTIES AND EXERCISE ALL POWERS VESTED BY
25 SUCH LAW OR ANY OTHER LAW IN THE DEPARTMENT OF HEALTH AND HUMAN
26 SERVICES, THE SECRETARY OF HEALTH AND HUMAN SERVICES OR THE
27 ADVISORY HEALTH BOARD AND RELATING TO THE PROTECTION OF THE
28 PURITY AND SANITATION OF MILK FOR HUMAN CONSUMPTION.
29 SECTION 21. SECTION 1901-A OF THE ACT, ADDED DECEMBER 3,
30 1970 (P.L.834, NO.275), IS AMENDED TO READ:
19950H1177B1543 - 28 -
1 SECTION 1901-A. POWERS AND DUTIES IN GENERAL.--THE
2 DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL, SUBJECT TO ANY
3 INCONSISTENT PROVISION IN THIS ACT CONTAINED, CONTINUE TO
4 EXERCISE THE POWERS AND PERFORM THE DUTIES BY LAW HERETOFORE
5 VESTED IN AND IMPOSED UPON:
6 (1) THE DEPARTMENT OF FORESTS AND WATERS, THE SECRETARY OF
7 FORESTS AND WATERS, THE WATER AND POWER RESOURCES BOARD, THE
8 FLOOD CONTROL COMMISSION, THE PENNSYLVANIA STATE PARK AND HARBOR
9 COMMISSION OF ERIE, AND THE STATE FOREST COMMISSION;
10 (2) THE DEPARTMENT OF MINES AND MINERAL INDUSTRIES, THE
11 SECRETARY OF MINES AND MINERAL INDUSTRIES, THE OIL AND GAS
12 CONSERVATION COMMISSION, THE MINE INSPECTORS' EXAMINING BOARD
13 FOR THE BITUMINOUS COAL MINES OF PENNSYLVANIA, AND THE
14 ANTHRACITE MINE INSPECTORS' EXAMINING BOARD;
15 (3) THE OIL AND GAS INSPECTORS' EXAMINING BOARD, CREATED BY
16 THE ACT OF DECEMBER 21, 1959 (P.L.1967), WHICH BOARD IS HEREBY
17 ABOLISHED;
18 (4) THE LAND RESTORATION BOARD, CREATED BY THE ACT OF JUNE
19 27, 1947 (P.L.1095), WHICH BOARD IS HEREBY ABOLISHED;
20 (5) THE LAND RECLAMATION BOARD, CREATED BY THE ACT OF MAY
21 31, 1945 (P.L.1198), WHICH BOARD IS HEREBY ABOLISHED;
22 (6) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE
23 SECRETARY OF HEALTH AND HUMAN SERVICES IN SO FAR AS SUCH POWERS
24 AND DUTIES PERTAIN TO THE CONTROL OF NUISANCES FROM GROUNDS,
25 VEHICLES, APARTMENTS, BUILDINGS AND PLACES WITHIN THE
26 COMMONWEALTH, TO THE SANITARY CONDITION OF TENEMENTS, LODGING
27 AND BOARDING HOUSES, TO MANAGEMENT OF THE SANITARY AFFAIRS OF
28 THE COMMONWEALTH, THE ISSUANCE OF WATERWORKS PERMITS AND TO THE
29 CONTROL OF WATER POLLUTION;
30 (7) THE FORMER COMMISSIONER OF HEALTH AND THE DEPARTMENT OF
19950H1177B1543 - 29 -
1 HEALTH AND HUMAN SERVICES BY THE ACT OF APRIL 22, 1905
2 (P.L.260), ENTITLED "AN ACT TO PRESERVE THE PURITY OF THE WATERS
3 OF THE STATE, FOR THE PROTECTION OF THE PUBLIC HEALTH;"
4 (8) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE
5 SECRETARY OF HEALTH AND HUMAN SERVICES BY THE ACT OF AUGUST 20,
6 1953 (P.L.1217), ENTITLED "AN ACT PROVIDING FOR PAYMENTS BY THE
7 COMMONWEALTH TO MUNICIPALITIES WHICH HAVE EXPENDED MONEY TO
8 ACQUIRE AND CONSTRUCT SEWAGE TREATMENTS PLANTS IN ACCORDANCE
9 WITH THE CLEAN STREAMS PROGRAM AND THE ACT, APPROVED THE TWENTY-
10 SECOND DAY OF JUNE, ONE THOUSAND NINE HUNDRED THIRTY-SEVEN
11 (PAMPHLET LAWS 1987), AND MAKING AN APPROPRIATION;"
12 [(9) THE DEPARTMENT OF HEALTH BY THE ACT OF JUNE 23, 1931
13 (P.L.899), KNOWN AS THE "PUBLIC BATHING LAW;"]
14 (10) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
15 OF JANUARY 19, 1968 (P.L.996), KNOWN AS "THE LAND AND WATER
16 CONSERVATION AND RECLAMATION ACT;"
17 [(11) THE DEPARTMENT OF HEALTH BY THE ACT OF MAY 23, 1945
18 (P.L.926), ENTITLED "AN ACT FOR THE PROTECTION OF THE PUBLIC
19 HEALTH BY REGULATING THE CONDUCT AND OPERATION OF PUBLIC EATING
20 AND DRINKING PLACES WITHIN THIS COMMONWEALTH; REQUIRING THEIR
21 LICENSING; IMPOSING CERTAIN DUTIES ON THE DEPARTMENT OF HEALTH
22 OF THIS COMMONWEALTH AND ON THE LOCAL HEALTH AUTHORITIES; AND
23 PROVIDING PENALTIES;"]
24 (12) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
25 OF APRIL 30, 1929 (P.L.897), ENTITLED "AN ACT REGULATING THE
26 MANUFACTURING, BOTTLING, AND SELLING OF CERTAIN WATERS, AND
27 REQUIRING PERMITS THEREFOR; PRESCRIBING THE AUTHORITY OF THE
28 DEPARTMENT OF HEALTH AND OF LOCAL BOARDS OF HEALTH AND HEALTH
29 OFFICERS WITH RESPECT THERETO; AND PROVIDING PENALTIES;"
30 (13) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
19950H1177B1543 - 30 -
1 OF NOVEMBER 10, 1959 (P.L.1400), ENTITLED "AN ACT PROVIDING FOR
2 THE ANNUAL REGISTRATION OF ORGANIZED CAMPS FOR CHILDREN, YOUTH
3 AND ADULTS; DEFINING THE DUTIES OF THE DEPARTMENT OF HEALTH OF
4 THE COMMONWEALTH OF PENNSYLVANIA; AND PRESCRIBING PENALTIES;"
5 (14) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
6 OF JANUARY 24, 1966 (P.L.1535), KNOWN AS THE "PENNSYLVANIA
7 SEWAGE FACILITIES ACT;"
8 (15) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
9 OF JULY 31, 1968 (ACT NO.241), KNOWN AS THE "PENNSYLVANIA SOLID
10 WASTES MANAGEMENT ACT;"
11 (16) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
12 OF JANUARY 8, 1960 (P.L.2119), KNOWN AS THE "AIR POLLUTION
13 CONTROL ACT;"
14 (17) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
15 OF JANUARY 28, 1966 (P.L.1625), KNOWN AS "THE ATOMIC ENERGY
16 DEVELOPMENT AND RADIATION CONTROL ACT;"
17 (18) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
18 OF SEPTEMBER 8, 1959 (P.L.807), ENTITLED "AN ACT EMPOWERING THE
19 DEPARTMENT OF HEALTH TO REGULATE THE BURIAL OF RADIOACTIVE
20 MATERIAL AND TO ISSUE PERMITS THEREFOR; AND PRESCRIBING
21 PENALTIES;"
22 (19) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE
23 SECRETARY OF HEALTH AND HUMAN SERVICES BY THE ACT OF OCTOBER 26,
24 1959 (P.L.1380), ENTITLED "AN ACT EMPOWERING THE COMMONWEALTH TO
25 ACQUIRE LAND AND OPERATE BURIAL GROUNDS FOR THE DISPOSAL OF
26 RADIOACTIVE MATERIALS;"
27 (20) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
28 OF JUNE 22, 1937 (P.L.1987), KNOWN AS "THE CLEAN STREAMS LAW;"
29 (21) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY THE ACT
30 OF NOVEMBER 18, 1968 (ACT NO. 322), KNOWN AS THE "SEWAGE
19950H1177B1543 - 31 -
1 TREATMENT PLANT AND WATERWORKS OPERATORS' CERTIFICATION ACT;"
2 (22) THE SANITARY WATER BOARD;
3 (23) THE AIR POLLUTION COMMISSION, CREATED BY THE ACT OF
4 JANUARY 8, 1960 (P.L.2119), KNOWN AS THE "AIR POLLUTION CONTROL
5 ACT," WHICH COMMISSION IS HEREBY ABOLISHED;
6 [(24) THE DEPARTMENT OF LABOR AND INDUSTRY AND THE SECRETARY
7 OF LABOR AND INDUSTRY IN SO FAR AS SUCH POWERS AND DUTIES RELATE
8 TO REGULATION OF MINING OPERATIONS, QUARRY OPERATIONS AND SAND
9 AND GRAVEL PITS UNDER THE ACT OF JULY 1, 1937 (P.L.2681),
10 ENTITLED "AN ACT RELATING TO, AND REGULATING THE MANUFACTURE,
11 STORING, AND POSSESSION OF EXPLOSIVES; REQUIRING PERMITS FOR
12 MAGAZINES, AND PRESCRIBING PERMIT FEES; AND PROVIDING
13 PENALTIES," AND JULY 10, 1957 (P.L.685), ENTITLED "AN ACT
14 REGULATING THE USE OF EXPLOSIVES IN CERTAIN BLASTING OPERATIONS;
15 REQUIRING EXAMINATION AND LICENSING OF CERTAIN EXPLOSIVES'
16 DETONATORS AND PRESCRIBING THE FEE THEREOF; AND CONFERRING
17 POWERS AND IMPOSING DUTIES ON THE DEPARTMENT OF LABOR AND
18 INDUSTRY."]
19 SECTION 22. SECTION 1903-A(11) OF THE ACT, AMENDED AUGUST
20 14, 1991 (P.L.331, NO.35), IS AMENDED TO READ:
21 SECTION 1903-A. FOREST POWERS; LEASE OF SMALL AREAS OF STATE
22 FORESTS.--THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL HAVE
23 THE POWER:
24 * * *
25 (11) TO LEASE, WITH THE APPROVAL OF THE GOVERNOR, AND IN
26 COOPERATION WITH THE DEPARTMENT OF [COMMERCE] COMMUNITY AND
27 ECONOMIC DEVELOPMENT, THOSE STATE FOREST LANDS ACQUIRED BY GIFT
28 FROM PENNSYLVANIA STATE UNIVERSITY OR BY ACQUISITION FROM THE
29 CURTISS-WRIGHT CORPORATION WHICH ARE LOCATED AT QUEHANNA,
30 PENNSYLVANIA, OR RECOVERED THROUGH THE TERMINATION OF A LEASE
19950H1177B1543 - 32 -
1 WITH CURTISS-WRIGHT CORPORATION RELATING TO QUEHANNA,
2 PENNSYLVANIA, AND UPON WHICH ARE ERECTED CERTAIN INDUSTRIAL
3 BUILDINGS CONSTRUCTED BY THE CURTISS-WRIGHT CORPORATION FOR
4 INDUSTRIAL OR ECONOMIC DEVELOPMENT PURPOSES OR FOR NUCLEAR
5 REACTOR SAFETY ZONE PURPOSES.
6 SUCH LEASES MAY BE MADE WITH INDUSTRIAL TENANTS OR NONPROFIT
7 INDUSTRIAL DEVELOPMENT CORPORATIONS. THE DEPARTMENT IN SECURING
8 TENANTS SHALL COOPERATE FULLY WITH THE DEPARTMENT OF [COMMERCE]
9 COMMUNITY AND ECONOMIC DEVELOPMENT. EVERY SUCH LEASE ENTERED
10 INTO SHALL CONFORM IN GENERAL TO THE TERMS OF THE STANDARD
11 INDUSTRIAL LEASE USED BY THE DEPARTMENT AND APPROVED BY THE
12 ATTORNEY GENERAL. EVERY SUCH LEASE SHALL OTHERWISE THAN AS IN
13 THIS ACT PRESCRIBED BE UPON SUCH TERMS AND CONDITIONS AS THE
14 SECRETARY OF ENVIRONMENTAL RESOURCES DEEMS IN THE BEST INTERESTS
15 OF THE COMMONWEALTH. HOWEVER, ALL PAVED ROADS THROUGH THE
16 QUEHANNA PROJECT SHALL REMAIN OPEN TO THE GENERAL PUBLIC USE.
17 ANY SUCH LEASE MAY PERMIT THE TENANT TO ALTER OR EXPAND, AT ITS
18 OWN EXPENSE AND WITH THE APPROVAL OF THE DEPARTMENT FIRST
19 OBTAINED IN WRITING, EXISTING BUILDINGS TO MEET THE REQUIREMENTS
20 OF ITS PARTICULAR INDUSTRIAL OPERATION. EVERY SUCH LEASE SHALL
21 PROVIDE FOR THE DEPOSIT OF INDUSTRIAL FLOOR SPACE RENTALS AND
22 SEWAGE AND WATER RENTALS IN A RESTRICTED RECEIPTS FUND, FROM
23 WHICH THE DEPARTMENT MAY DRAW MONEYS FOR USE IN DEVELOPING,
24 OPERATING AND MAINTAINING THE WATER AND SEWAGE DISPOSAL
25 FACILITIES, AND REPLACING MACHINERY, EQUIPMENT AND FIXTURES
26 APPURTENANT THERETO, AT AFORESAID QUEHANNA. SAID RESTRICTED
27 RECEIPTS FUND SHALL BE AUDITED TWO YEARS FROM THE EFFECTIVE DATE
28 OF THIS ACT AND AT TWO-YEAR INTERVALS THEREAFTER, WITH ANY
29 RESIDUE APPEARING IN SAID FUND AT THE END OF EACH AUDITING
30 PERIOD TO BE DEPOSITED IN THE GENERAL FUND.
19950H1177B1543 - 33 -
1 THE DEPARTMENT IS HEREBY AUTHORIZED TO INDEMNIFY AND HOLD
2 HARMLESS PERMAGRAIN PRODUCTS, INC., FROM AND AGAINST ANY AND ALL
3 DAMAGES INCURRED BY PERMAGRAIN PRODUCTS, INC., RELATED TO
4 PERSONAL INJURY OR PROPERTY DAMAGE, RESULTING FROM RADIOACTIVE
5 CONTAMINATION ARISING EXCLUSIVELY FROM PERFORMANCE BY THE
6 COMMONWEALTH OR ITS CONTRACTORS OF THE CHARACTERIZATION,
7 REMEDIATION, DECONTAMINATION AND REMOVAL OF RADIOACTIVE
8 MATERIALS FROM CONTAMINATED STRUCTURES ON THOSE STATE FOREST
9 LANDS ACQUIRED FROM THE PENNSYLVANIA STATE UNIVERSITY OR
10 CURTISS-WRIGHT CORPORATION AND LOCATED AT QUEHANNA,
11 PENNSYLVANIA.
12 * * *
13 SECTION 23. SECTIONS 1906-A(8)(B) AND 1917-A OF THE ACT,
14 ADDED DECEMBER 3, 1970 (P.L.834, NO.275), ARE AMENDED TO READ:
15 SECTION 1906-A. PARKS.--THE DEPARTMENT OF ENVIRONMENTAL
16 RESOURCES SHALL HAVE THE POWER, AND ITS DUTY SHALL BE:
17 * * *
18 (8) FOR THE PURPOSE OF PROVIDING PARKING FACILITIES AND
19 INCIDENTAL SERVICES WITHIN THE BORDERS OF ANY STATE PARK AREA
20 SITUATE IN THE CITY OF PHILADELPHIA TO LEASE OR GRANT, BY AND
21 WITH THE WRITTEN APPROVAL OF THE GOVERNOR, ANY PORTION OF ANY
22 SUCH STATE PARK AREA, UNDERGROUND, ABOVEGROUND, OR BOTH, TO THE
23 CITY OR TO ANY PARKING AUTHORITY NOW OR HEREAFTER EXISTING IN
24 THE CITY, PURSUANT TO THE PROVISIONS OF THE ACT OF JUNE 5, 1947
25 (P.L.458), KNOWN AS THE "PARKING AUTHORITY LAW," AS THE SAME MAY
26 NOW OR HEREAFTER BE AMENDED, IF
27 * * *
28 (B) THE DEPARTMENT, WITH THE WRITTEN APPROVAL OF THE
29 GOVERNOR, DETERMINES THAT THE LEASE OR GRANT (I) WILL AID IN
30 PROMOTING THE PUBLIC SAFETY, CONVENIENCE AND WELFARE OF THE
19950H1177B1543 - 34 -
1 PEOPLE OF PHILADELPHIA BY AIDING IN THE ESTABLISHMENT OF
2 ADEQUATE PARKING SERVICES FOR THE CONVENIENCE OF THE PUBLIC AND
3 OTHERWISE PROMOTING THE PUBLIC POLICY OF THE COMMONWEALTH IN
4 AUTHORIZATION FOR THE CREATION OF PARKING AUTHORITIES, AND (II)
5 WILL NOT UNDULY INTERFERE WITH THE PROMOTION OF THOSE PUBLIC
6 OBJECTS FOR WHICH THE STATE PARK AREA WAS ACQUIRED AND FOR WHICH
7 IT IS HELD.
8 ANY LEASE OR GRANT SHALL BE UPON THE TERMS AND CONDITIONS AND
9 FOR THE PERIOD OR PERIODS OF TIME THE DEPARTMENT, WITH THE
10 WRITTEN APPROVAL OF THE GOVERNOR, MAY PRESCRIBE. THE DEPARTMENT
11 SHALL EXECUTE AND DELIVER AND IS EMPOWERED TO RECEIVE DEEDS OR
12 OTHER LEGAL INSTRUMENTS NECESSARY TO EFFECTUATE ANY LEASE OR
13 GRANT. ALL DEEDS AND INSTRUMENTS SHALL HAVE THE PRIOR APPROVAL
14 OF THE DEPARTMENT OF JUSTICE, AND A COPY THEREOF SHALL BE FILED
15 WITH THE DEPARTMENT OF [COMMUNITY AFFAIRS] COMMUNITY AND
16 ECONOMIC DEVELOPMENT.
17 * * *
18 SECTION 1917-A. ABATEMENT OF NUISANCES.--THE DEPARTMENT OF
19 ENVIRONMENTAL RESOURCES SHALL HAVE THE POWER AND ITS DUTY SHALL
20 BE:
21 (1) TO PROTECT THE PEOPLE OF THIS COMMONWEALTH FROM
22 UNSANITARY CONDITIONS AND OTHER NUISANCES, INCLUDING ANY
23 CONDITION WHICH IS DECLARED TO BE A NUISANCE BY ANY LAW
24 ADMINISTERED BY THE DEPARTMENT;
25 (2) TO CAUSE EXAMINATION TO BE MADE OF NUISANCES, OR
26 QUESTIONS AFFECTING THE SECURITY OF LIFE AND HEALTH, IN ANY
27 LOCALITY, AND, FOR THAT PURPOSE, WITHOUT FEE OR HINDERANCE, TO
28 ENTER, EXAMINE AND SURVEY ALL GROUNDS, VEHICLES, APARTMENTS,
29 BUILDINGS, AND PLACES, WITHIN THE COMMONWEALTH, AND ALL PERSONS,
30 AUTHORIZED BY THE DEPARTMENT TO ENTER, EXAMINE AND SURVEY SUCH
19950H1177B1543 - 35 -
1 GROUNDS, VEHICLES, APARTMENTS, BUILDINGS AND PLACES, SHALL HAVE
2 THE POWERS AND AUTHORITY CONFERRED BY LAW UPON CONSTABLES;
3 (3) TO ORDER SUCH NUISANCES INCLUDING THOSE DETRIMENTAL TO
4 THE PUBLIC HEALTH TO BE ABATED AND REMOVED;
5 (4) IF THE OWNER OR OCCUPANT OF ANY PREMISES, WHEREON ANY
6 SUCH NUISANCE FAILS TO COMPLY WITH ANY ORDER OF THE DEPARTMENT
7 FOR THE ABATEMENT OR REMOVAL THEREOF, TO ENTER UPON THE
8 PREMISES, TO WHICH SUCH ORDER RELATES, AND ABATE OR REMOVE SUCH
9 NUISANCE;
10 (5) FOR THE PURPOSE OF COLLECTING OR RECOVERING THE EXPENSE
11 OF THE ABATEMENT OR REMOVAL OF A NUISANCE, TO FILE A CLAIM, OR
12 MAINTAIN AN ACTION, IN SUCH MANNER AS MAY NOW OR HEREAFTER BE
13 PROVIDED BY LAW, AGAINST THE OWNER OR OCCUPANT OF THE PREMISES
14 UPON OR FROM WHICH SUCH NUISANCE SHALL HAVE BEEN ABATED OR
15 REMOVED BY THE DEPARTMENT;
16 (6) IN MAKING EXAMINATIONS AS AUTHORIZED BY THIS SECTION,
17 [THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL] TO COOPERATE
18 WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOR THE
19 PURPOSE OF AVOIDING ANY DUPLICATION OF INSPECTION OR OVERLAPPING
20 OF FUNCTIONS.
21 SECTION 24. SECTION 2001 OF THE ACT, AMENDED MAY 6, 1970
22 (P.L.356, NO.120), IS AMENDED TO READ:
23 SECTION 2001. POWERS AND DUTIES IN GENERAL.--THE DEPARTMENT
24 OF TRANSPORTATION SHALL, SUBJECT TO ANY INCONSISTENT PROVISIONS
25 IN THIS ACT CONTAINED, EXERCISE THE POWERS AND PERFORM THE
26 DUTIES BY LAW VESTED IN AND IMPOSED UPON THE SAID DEPARTMENT,
27 THE SECRETARY OF TRANSPORTATION, THE FORMER STATE HIGHWAY
28 DEPARTMENT, FORMER STATE HIGHWAY COMMISSIONER, THE FORMER
29 DEPARTMENT OF HIGHWAYS, THE FORMER SECRETARY OF HIGHWAYS, THOSE
30 POWERS AND DUTIES RELATING TO CERTIFICATES OF TITLE, LICENSING
19950H1177B1543 - 36 -
1 OF OPERATORS, REGISTRATION OF MOTOR VEHICLES, TRACTORS, TRAILERS
2 AND SEMI-TRAILERS, LICENSING OF MOTOR VEHICLES AND TRACTORS AND
3 EXEMPTIONS AND RECIPROCAL AGREEMENTS VESTED IN AND IMPOSED UPON
4 THE DEPARTMENT OF REVENUE AND THE SECRETARY OF REVENUE BY THE
5 ACT OF APRIL 29, 1959 (P.L.58), KNOWN AS "THE VEHICLE CODE," AND
6 ITS AMENDMENTS, AND BY SECTION 13 OF THE ACT OF JUNE 19, 1964
7 (P.L.7), KNOWN AS THE "MOTOR CARRIERS ROAD TAX ACT," AND SHALL
8 PERFORM THE FUNCTIONS AND DUTIES HERETOFORE IMPOSED UPON AND
9 PERFORMED BY THE BUREAU OF MOTOR VEHICLES IN THE DEPARTMENT OF
10 REVENUE, THE BUREAU OF TRAFFIC SAFETY IN THE DEPARTMENT OF
11 REVENUE, THE DEPARTMENT OF [COMMERCE] COMMUNITY AND ECONOMIC
12 DEVELOPMENT IN REGARD TO THE HIGH-SPEED RAIL DEMONSTRATION
13 PROGRAMS, THE MASS TRANSPORTATION DIVISION IN THE BUREAU OF
14 COMMUNITY DEVELOPMENT OF THE DEPARTMENT OF [COMMUNITY AFFAIRS]
15 COMMUNITY AND ECONOMIC DEVELOPMENT, THE DEPARTMENT OF [COMMUNITY
16 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT AND THE SECRETARY OF
17 [COMMUNITY AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT BY THE
18 ACT OF JANUARY 22, 1968 (ACT NO. 7), KNOWN AS "THE PENNSYLVANIA
19 TRANSPORTATION ASSISTANCE AUTHORITY ACT OF 1967," AND THE ACT OF
20 JANUARY 22, 1968 (ACT NO. 8), KNOWN AS THE "PENNSYLVANIA URBAN
21 MASS TRANSPORTATION ASSISTANCE LAW OF 1967," AND THE FORMER
22 PENNSYLVANIA AERONAUTICS COMMISSION IN THE DEPARTMENT OF
23 MILITARY AFFAIRS.
24 SECTION 25. SECTION 2001.3(F) OF THE ACT, AMENDED JUNE 22,
25 1982 (P.L.573, NO.166), IS AMENDED TO READ:
26 SECTION 2001.3. DEPUTY SECRETARIES.--* * *
27 (F) THE DEPUTY SECRETARY FOR LOCAL AND AREA TRANSPORTATION,
28 WITH THE APPROVAL OF THE SECRETARY OF TRANSPORTATION SHALL HAVE
29 THE POWERS AND PERFORM THE FUNCTIONS AND DUTIES PROVIDED IN
30 SECTIONS 2002 AND 2003 REGARDING SERVICES TO MUNICIPALITIES,
19950H1177B1543 - 37 -
1 LOCAL AND PUBLIC TRANSPORTATION, PLANNING, DEVELOPMENT AND
2 FUNDING OF LOCAL AND PUBLIC TRANSPORTATION, TECHNOLOGICAL
3 DEVELOPMENT OF RAIL, WATER OR OTHER MODES OF TRANSPORTATION
4 (EXCEPT RECREATIONAL BOATING AND FERRY LICENSING), ENVIRONMENTAL
5 DESIGN, IMPROVEMENT OF TRANSPORTATION SERVICES AND SHALL PERFORM
6 THE FUNCTIONS AND DUTIES HERETOFORE IMPOSED UPON AND PERFORMED
7 BY THE MASS TRANSPORTATION DIVISION IN THE BUREAU OF COMMUNITY
8 DEVELOPMENT OF THE DEPARTMENT OF [COMMUNITY AFFAIRS] COMMUNITY
9 AND ECONOMIC DEVELOPMENT, BY THE SECRETARY OF [COMMUNITY
10 AFFAIRS] COMMUNITY AND ECONOMIC DEVELOPMENT UNDER THE ACT OF
11 JANUARY 22, 1968 (P.L.42, ACT NO.8), KNOWN AS THE "PENNSYLVANIA
12 URBAN MASS TRANSPORTATION LAW," BY THE DEPARTMENT OF [COMMERCE]
13 COMMUNITY AND ECONOMIC DEVELOPMENT IN REGARD TO HIGH-SPEED RAIL
14 DEMONSTRATION PROGRAMS AND BY THE FORMER DEPARTMENT OF HIGHWAYS
15 IN REGARD TO THE DISTRIBUTION OF LIQUID FUELS TAXES TO THE
16 MUNICIPALITIES AND TOWNSHIPS.
17 * * *
18 SECTION 26. SECTION 2001.4 OF THE ACT, AMENDED JUNE 21, 1973
19 (P.L.63, NO.26), IS AMENDED TO READ:
20 SECTION 2001.4. STATE TRANSPORTATION ADVISORY COMMITTEE.--
21 THERE IS HEREBY CREATED A STATE TRANSPORTATION ADVISORY
22 COMMITTEE WHICH SHALL CONSIST OF THIRTY MEMBERS, OF WHICH EIGHT
23 SHALL BE EX OFFICIO MEMBERS, TO WIT; THE SECRETARY OF
24 TRANSPORTATION, THE EXECUTIVE DIRECTOR OF THE STATE PLANNING
25 BOARD, THE CHAIRMAN OF THE PUBLIC UTILITY COMMISSION, THE
26 SECRETARY OF [COMMERCE] COMMUNITY AND ECONOMIC DEVELOPMENT, THE
27 SECRETARY OF EDUCATION, THE SECRETARY OF FORESTS AND WATERS, THE
28 SECRETARY OF AGRICULTURE, [THE SECRETARY OF COMMUNITY AFFAIRS,]
29 TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES TO BE APPOINTED BY
30 THE SPEAKER AND WHO SHALL NOT BE MEMBERS OF THE SAME POLITICAL
19950H1177B1543 - 38 -
1 PARTY, TWO MEMBERS OF THE SENATE TO BE APPOINTED BY THE
2 PRESIDENT PRO TEMPORE AND WHO SHALL NOT BE MEMBERS OF THE SAME
3 POLITICAL PARTY AND EIGHTEEN ADDITIONAL PUBLIC MEMBERS. EACH EX
4 OFFICIO MEMBER MAY DESIGNATE A REPRESENTATIVE FROM WITHIN HIS
5 DEPARTMENT, BOARD, OR COMMISSION TO SERVE IN HIS STEAD. AN EX
6 OFFICIO MEMBER WHO DESIGNATES A REPRESENTATIVE SHALL NOTIFY THE
7 CHAIRMAN, IN WRITING, OF SUCH DESIGNATION.
8 THE GOVERNOR, THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE
9 SPEAKER OF THE HOUSE OF REPRESENTATIVES EACH SHALL APPOINT SIX
10 PUBLIC MEMBERS TO THE STATE TRANSPORTATION ADVISORY COMMITTEE.
11 THE PUBLIC MEMBERS MUST HAVE RECENT AND EXTENSIVE EXPERIENCE AND
12 KNOWLEDGE IN THE FIELDS OF TRANSPORTATION OF PEOPLE AND GOODS
13 FROM INDUSTRY, LABOR, ACADEMIC, CONSULTING, RESEARCH SOURCES AND
14 THE APPOINTING AUTHORITIES SHALL GIVE DUE CONSIDERATION TO
15 INSURE A BALANCED REPRESENTATION BY FACILITIES AND MODES FOR
16 AIR, LAND AND WATER TRANSPORTATION AS THEY EXIST IN THE
17 COMMONWEALTH, BOTH PUBLIC AND PRIVATE. TWO OF THE INITIALLY
18 APPOINTED MEMBERS OF THE COMMITTEE DESIGNATED BY EACH APPOINTIVE
19 POWER SHALL SERVE ONE YEAR, TWO FOR TERMS OF TWO YEARS AND TWO
20 FOR TERMS OF THREE YEARS FROM THE DATE OF THEIR APPOINTMENT. A
21 TERM OF EACH INITIALLY APPOINTED MEMBER SHALL BE DESIGNATED BY
22 THE APPOINTIVE PERSON, BUT THEIR SUCCESSORS SHALL EACH BE
23 APPOINTED FOR TERMS OF THREE YEARS. ANY PERSON APPOINTED TO FILL
24 A VACANCY SHALL SERVE FOR ONLY THE UNEXPIRED TERM. ANY MEMBER OF
25 THE COMMITTEE MAY BE APPOINTED TO SUCCEED HIMSELF.
26 THE GOVERNOR SHALL ANNUALLY DESIGNATE THE CHAIRMAN FROM AMONG
27 THE PUBLIC MEMBERS.
28 THE STATE TRANSPORTATION ADVISORY COMMITTEE SHALL MEET THE
29 FIRST MONDAY IN FEBRUARY OF EACH YEAR AND HOLD AT LEAST THREE
30 ADDITIONAL MEETINGS DURING THE CALENDAR YEAR. IT SHALL HAVE THE
19950H1177B1543 - 39 -
1 POWER AND ITS DUTY SHALL BE TO CONSULT WITH AND ADVISE THE STATE
2 TRANSPORTATION COMMISSION AND THE SECRETARY OF TRANSPORTATION IN
3 BEHALF OF ALL THE TRANSPORTATION MODES OF THE COMMONWEALTH AND
4 TO AID AND ASSIST THE STATE TRANSPORTATION COMMISSION AND THE
5 SECRETARY OF TRANSPORTATION IN THE DETERMINATION OF GOALS AND
6 THE ALLOCATION OF AVAILABLE RESOURCES AMONG AND BETWEEN THE
7 ALTERNATIVE MODES IN THE PLANNING, DEVELOPMENT AND MAINTENANCE
8 OF PROGRAMS, AND TECHNOLOGIES FOR TRANSPORTATION SYSTEMS AND TO
9 ADVISE THE SEVERAL MODES THE PLANNING, PROGRAMS AND GOALS OF THE
10 DEPARTMENT, AND THE STATE TRANSPORTATION COMMISSION.
11 SECTION 27. SECTION 2002(A)(15) OF THE ACT, AMENDED JULY 7,
12 1989 (P.L.241, NO.42), IS AMENDED TO READ:
13 SECTION 2002. POWERS AND DUTIES OF THE DEPARTMENT.--(A) THE
14 DEPARTMENT OF TRANSPORTATION IN ACCORD WITH APPROPRIATIONS MADE
15 BY THE GENERAL ASSEMBLY, AND GRANTS OF FUNDS FROM FEDERAL,
16 STATE, REGIONAL, LOCAL OR PRIVATE AGENCIES, SHALL HAVE THE
17 POWER, AND ITS DUTY SHALL BE:
18 * * *
19 (15) TO CONSULT WITH APPROPRIATE OFFICIALS AS DESIGNATED BY
20 THE CHIEF ADMINISTRATIVE OFFICER OF THE DEPARTMENT OF
21 AGRICULTURE, THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, THE
22 DEPARTMENT OF [COMMUNITY AFFAIRS] COMMUNITY AND ECONOMIC
23 DEVELOPMENT, THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE
24 PENNSYLVANIA FISH AND BOAT COMMISSION REGARDING THE
25 ENVIRONMENTAL HAZARDS AND THE AGRICULTURAL, CONSERVATION,
26 SANITARY, RECREATION AND SOCIAL CONSIDERATIONS THAT MAY ARISE BY
27 REASON OF THE LOCATION, DESIGN, CONSTRUCTION OR RECONSTRUCTION
28 OF ANY TRANSPORTATION OR AIR FACILITY.
29 NO HIGHWAY, TRANSIT LINE, HIGHWAY INTERCHANGE, AIRPORT, OR
30 OTHER TRANSPORTATION CORRIDOR OR FACILITY, SHALL BE BUILT OR
19950H1177B1543 - 40 -
1 EXPANDED IN SUCH A WAY AS TO USE ANY LAND FROM ANY RECREATION
2 AREA, WILDLIFE AND/OR WATERFOWL REFUGE, HISTORIC SITE, STATE
3 FOREST LAND, STATE GAME LAND, WILDERNESS AREAS OR PUBLIC PARK
4 UNLESS: (I) THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE
5 USE OF SUCH LAND, AND (II) SUCH CORRIDOR OR FACILITY IS PLANNED
6 AND CONSTRUCTED SO AS TO MINIMIZE HARM TO SUCH RECREATION AREA,
7 WILDLIFE AND/OR WATERFOWL REFUGE, HISTORIC SITE, STATE FOREST
8 LAND, STATE GAME LAND, WILDERNESS AREA, OR PUBLIC PARK.
9 * * *
10 SECTION 28. ARTICLE XXI OF THE ACT IS REPEALED.
11 SECTION 29. SECTION 2203-A(A)(11), (17.2), (24), (24.1),
12 (25) AND (26) OF THE ACT, AMENDED DECEMBER 15, 1988 (P.L.1244,
13 NO.153), ARE AMENDED TO READ:
14 SECTION 2203-A. POWERS AND DUTIES IN GENERAL.--(A) THE
15 DEPARTMENT OF AGING HEREINAFTER REFERRED TO IN THIS ARTICLE AS
16 THE DEPARTMENT SHALL, SUBJECT TO ANY INCONSISTENT PROVISIONS IN
17 THIS ACT CONTAINED, HAVE THE POWER AND ITS DUTY SHALL BE TO:
18 * * *
19 (11) PROMOTE AND SUPPORT PROGRAMS, STUDIES AND POLICIES, IN
20 COOPERATION WITH THE DEPARTMENTS OF LABOR AND INDUSTRY,
21 EDUCATION, [COMMERCE] COMMUNITY AND ECONOMIC DEVELOPMENT,
22 [PUBLIC WELFARE] HEALTH AND HUMAN SERVICES AND OTHER AGENCIES,
23 WHICH WILL ENHANCE THE OPPORTUNITY FOR CONTINUED WORK, EDUCATION
24 AND TRAINING FOR OLDER PERSONS AND FOR PRERETIREMENT ASSISTANCE
25 WHERE APPROPRIATE.
26 * * *
27 (17.2) IN COOPERATION WITH THE DEPARTMENT OF HEALTH AND [THE
28 DEPARTMENT OF PUBLIC WELFARE] HUMAN SERVICES:
29 (I) DEVELOP AND ADMINISTER A SYSTEM OF PREADMISSION
30 ASSESSMENT FOR PERSONS WHO ARE AT RISK OF NEEDING INSTITUTIONAL
19950H1177B1543 - 41 -
1 CARE, IF THE GOVERNOR FINDS SUCH A SYSTEM COST EFFECTIVE.
2 (II) DEVELOP AND ADMINISTER A SYSTEM OF MANAGED COMMUNITY-
3 BASED LONG-TERM CARE FOR PERSONS WHO ARE ASSESSED AS BEING
4 CLINICALLY ELIGIBLE FOR NURSING HOME CARE AND WHO CAN BE CARED
5 FOR WITHIN COST-OF-CARE GUIDELINES ESTABLISHED BY THE
6 DEPARTMENT, IF THE GOVERNOR FINDS SUCH A SYSTEM COST EFFECTIVE.
7 * * *
8 (24) CONDUCT, IN COOPERATION WITH THE DEPARTMENT OF HEALTH
9 AND [THE DEPARTMENT OF PUBLIC WELFARE] HUMAN SERVICES, PERIODIC
10 STUDIES AND EVALUATIONS PERTAINING TO THE QUALITY OF CARE AND
11 RELATED SERVICES FOR CONSUMERS OF LONG-TERM CARE SERVICES AND
12 REPORT SUCH FINDINGS TO THE GENERAL ASSEMBLY.
13 (24.1) CONDUCT, IN COOPERATION WITH THE DEPARTMENT OF HEALTH
14 AND HUMAN SERVICES, AN ONGOING STATEWIDE PRESCRIPTION DRUG
15 EDUCATION PROGRAM DESIGNED TO INFORM OLDER ADULTS OF THE DANGERS
16 OF PRESCRIPTION DRUG ABUSE AND MISUSE.
17 * * *
18 (25) COLLABORATE WITH THE DEPARTMENT OF [COMMUNITY AFFAIRS]
19 COMMUNITY AND ECONOMIC DEVELOPMENT AND THE PENNSYLVANIA HOUSING
20 FINANCE AGENCY IN THE LOCATION, DESIGN, MANAGEMENT AND SERVICES
21 OF HOUSING BUILT FOR OLDER PERSONS AND UPON REQUEST PROVIDE
22 TECHNICAL ASSISTANCE TO LOCAL HOUSING AUTHORITIES, NONPROFIT
23 HOUSING AND COMMUNITY GROUPS, REDEVELOPMENT AUTHORITIES, AND
24 OTHER GROUPS WITH A SPECIAL EMPHASIS ON PROGRAMS ON UTILITY
25 COSTS, REHABILITATION AND MAINTENANCE OF THE HOMES OF OLDER
26 PERSONS.
27 (26) REVIEW AND COMMENT ON ALL RULES, REGULATIONS,
28 ELIGIBILITY OR PAYMENT STANDARDS ISSUED BY THE DEPARTMENTS OF
29 [PUBLIC WELFARE] HEALTH AND HUMAN SERVICES, ENVIRONMENTAL
30 RESOURCES[, HEALTH] OR LABOR AND INDUSTRY RELATING TO THE
19950H1177B1543 - 42 -
1 LICENSURE AND REGULATION OF NURSING HOMES, HOSPITALS, AND OTHER
2 HEALTH FACILITIES; MEDICAL ASSISTANCE, SUPPLEMENTAL SECURITY
3 INCOME; HOMEMAKING AND HOME-HEALTH CARE OR RESIDENTIAL CARE
4 FACILITIES FOR OLDER ADULTS. SAID RULES, REGULATIONS AND
5 STANDARDS SHALL NOT TAKE EFFECT UNTIL THEY HAVE BEEN SUBMITTED
6 TO THE DEPARTMENT FOR COMMENT.
7 * * *
8 SECTION 30. SECTION 2204-B(2), (8) AND (10) OF THE ACT,
9 ADDED JUNE 9, 1993 (P.L.90, NO.19) AND REPEALED IN PART JUNE 22,
10 1994 (P.L.351, NO.52), ARE AMENDED TO READ:
11 SECTION 2204-B. COMMONWEALTH DEPARTMENTS AND AGENCIES.--THE
12 OFFICE SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
13 * * *
14 (2) TO COOPERATE WITH THE DEPARTMENT OF [COMMUNITY AFFAIRS]
15 COMMUNITY AND ECONOMIC DEVELOPMENT TO PRODUCE THE FOLLOWING:
16 (I) A PLAN TO ADVISE LOCAL GOVERNMENTS OF THE PROCEDURE FOR
17 ESTABLISHING COMMUNITY SERVICE PROGRAMS. THE PLAN SHALL INCLUDE
18 CREATION OF A DATA BASE THAT WILL ENABLE LOCAL GOVERNMENTS TO
19 SHARE INFORMATION WITH EDUCATIONAL INSTITUTIONS, COMMUNITY-BASED
20 AGENCIES AND OTHER ENTITIES AND INDIVIDUALS CONCERNED WITH
21 COMMUNITY SERVICE AND THE PRIVATE SECTOR ON A REGIONAL BASIS.
22 (II) AN INFORMATIONAL BROCHURE OR PAMPHLET FOR LOCAL
23 GOVERNMENTS THAT DESCRIBES COMMUNITY-BASED AGENCIES AND EXPLAINS
24 THE DESIRABILITY OF HAVING PARTICIPANTS IN COMMUNITY SERVICE AND
25 RECIPIENTS OF COMMUNITY SERVICE SERVE ON THE GOVERNING BOARD OF
26 COMMUNITY-BASED AGENCIES.
27 * * *
28 (8) TO DEVELOP WITH THE DEPARTMENT OF HEALTH AND HUMAN
29 SERVICES A PROPOSAL THAT WILL ALLOW YOUNG PEOPLE TO BE INVOLVED
30 IN THE HEALTH-RELATED ACTIVITIES, INCLUDING, BUT NOT LIMITED TO,
19950H1177B1543 - 43 -
1 THE FOLLOWING:
2 (I) EDUCATIONAL PROGRAMS THAT ARE AIMED AT INCREASING
3 AWARENESS IN COMMUNITIES AND EDUCATIONAL INSTITUTIONS ABOUT
4 COMMUNITY HEALTH PROBLEMS.
5 (II) ENGAGEMENT WITH COMMUNITY HEALTH CLINICS AND
6 PROFESSIONAL MEDICAL PERSONNEL TO ENSURE THAT ALL PENNSYLVANIA
7 CHILDREN ARE IMMUNIZED.
8 * * *
9 (10) TO DEVELOP AND IMPLEMENT WITH THE DEPARTMENT OF [PUBLIC
10 WELFARE] HEALTH AND HUMAN SERVICES A PLAN FOR JOB TRAINING
11 PROGRAMS THAT WILL HAVE COMMUNITY SERVICE OPTIONS WHICH CAN
12 SERVE AS A TRANSITION FROM PUBLIC ASSISTANCE TO SUSTAINED
13 EMPLOYMENT.
14 SECTION 31. SECTION 2207-B(B)(3) OF THE ACT, ADDED JUNE 9,
15 1993 (P.L.90, NO.19), IS AMENDED TO READ:
16 SECTION 2207-B. COMMUNITY SERVICE ADVISORY BOARD.--* * *
17 (B) THE BOARD SHALL INCLUDE THE FOLLOWING MEMBERS:
18 * * *
19 (3) THE SECRETARY OF [COMMUNITY AFFAIRS] COMMUNITY AND
20 ECONOMIC DEVELOPMENT.
21 * * *
22 SECTION 32. ARTICLE XXIII OF THE ACT IS REPEALED.
23 SECTION 33. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
24 ARTICLE XXIII-A
25 POWERS AND DUTIES OF THE DEPARTMENT OF
26 HEALTH AND HUMAN SERVICES AND ITS
27 DEPARTMENTAL ADMINISTRATIVE AND ADVISORY BOARDS
28 SECTION 2301-A. POWERS AND DUTIES IN GENERAL.--THE
29 DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL, SUBJECT TO ANY
30 INCONSISTENT PROVISIONS IN THIS ACT CONTAINED, EXERCISE THE
19950H1177B1543 - 44 -
1 POWERS AND PERFORM THE DUTIES BY LAW VESTED IN AND IMPOSED UPON
2 THE FORMER DEPARTMENT OF HEALTH AND THE FORMER DEPARTMENT OF
3 PUBLIC WELFARE.
4 SECTION 2302-A. GENERAL HEALTH ADMINISTRATION.--THE
5 DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL HAVE THE POWER,
6 AND ITS DUTY SHALL BE TO:
7 (A) PROTECT THE HEALTH OF THE PEOPLE OF THIS COMMONWEALTH,
8 AND TO DETERMINE AND EMPLOY THE MOST EFFICIENT AND PRACTICAL
9 MEANS FOR THE PREVENTION AND SUPPRESSION OF DISEASE.
10 (B) CAUSE EXAMINATION TO BE MADE OF NUISANCES, OR QUESTIONS
11 AFFECTING THE SECURITY OF LIFE AND HEALTH, IN ANY LOCALITY, AND,
12 FOR THAT PURPOSE, WITHOUT FEE OR HINDRANCE, TO ENTER, EXAMINE
13 AND SURVEY ALL GROUNDS, VEHICLES, APARTMENTS, BUILDINGS, AND
14 PLACES, WITHIN THE COMMONWEALTH, AND ALL PERSONS, AUTHORIZED BY
15 THE DEPARTMENT TO ENTER, EXAMINE AND SURVEY SUCH GROUNDS,
16 VEHICLES, APARTMENTS, BUILDINGS AND PLACES, SHALL HAVE THE
17 POWERS AND AUTHORITY CONFERRED BY LAW UPON CONSTABLES.
18 (C) ORDER NUISANCES, DETRIMENTAL TO THE PUBLIC HEALTH, OR
19 THE CAUSES OF DISEASE AND MORTALITY, TO BE ABATED AND REMOVED,
20 AND TO ENFORCE QUARANTINE REGULATIONS.
21 (D) IF THE OWNER OR OCCUPANT OF ANY PREMISES, WHEREON ANY
22 NUISANCE DETRIMENTAL TO THE PUBLIC HEALTH EXISTS, FAILS TO
23 COMPLY WITH ANY ORDER OF THE DEPARTMENT FOR THE ABATEMENT OR
24 REMOVAL THEREOF, ENTER UPON THE PREMISES, TO WHICH SUCH ORDER
25 RELATES, AND ABATE OR REMOVE SUCH NUISANCE, AS MAY NOW OR
26 HEREAFTER BE PROVIDED BY LAW.
27 (E) FOR THE PURPOSE OF COLLECTING OR RECOVERING THE EXPENSE
28 OF THE ABATEMENT OR REMOVAL OF A NUISANCE, FILE A CLAIM, OR
29 MAINTAIN AN ACTION, IN SUCH MANNER AS MAY NOW OR HEREAFTER BE
30 PROVIDED BY LAW, AGAINST THE OWNER OR OCCUPANT OF THE PREMISES
19950H1177B1543 - 45 -
1 UPON OR FROM WHICH SUCH NUISANCE SHALL HAVE BEEN ABATED OR
2 REMOVED BY THE DEPARTMENT.
3 (F) REVOKE OR MODIFY ANY ORDER, REGULATION, BY-LAW, OR
4 ORDINANCE, OF A LOCAL BOARD OF HEALTH, CONCERNING A MATTER
5 WHICH, IN THE JUDGMENT OF THE DEPARTMENT, AFFECTS THE PUBLIC
6 HEALTH BEYOND THE TERRITORY OVER WHICH SUCH LOCAL BOARD HAS
7 JURISDICTION.
8 (G) PROMULGATE ITS RULES AND REGULATIONS.
9 (H) WHENEVER, IN THE OPINION OF THE DEPARTMENT, CONDITIONS
10 EXIST IN ANY BOROUGH, OR ANY TOWNSHIP OF THE FIRST CLASS, WITHIN
11 THE COMMONWEALTH, WHICH CONSTITUTE A MENACE TO THE LIVES AND
12 HEALTH OF THE PEOPLE LIVING OUTSIDE THE CORPORATE LIMITS OF SUCH
13 BOROUGH OR TOWNSHIP, OR, AFTER IT BE KNOWN TO THE DEPARTMENT
14 THAT ANY BOROUGH OR ANY TOWNSHIP OF THE FIRST CLASS IS WITHOUT
15 AN EXISTING OR EFFICIENT BOARD OF HEALTH, ENTER AND TAKE FULL
16 CHARGE OF AND ADMINISTER THE HEALTH LAWS, REGULATIONS, AND
17 ORDINANCES, OF SUCH BOROUGH OR TOWNSHIP, AND CONTINUE IN CHARGE
18 THEREOF, UNTIL THE DEPARTMENT SHALL DECIDE THAT A COMPETENT AND
19 EFFICIENT BOARD OF HEALTH HAS BEEN APPOINTED AND QUALIFIED FOR
20 SUCH BOROUGH OR TOWNSHIP AND IS READY, ABLE, AND WILLING TO
21 ASSUME AND CARRY INTO EFFECT THE DUTIES IMPOSED UPON IT BY LAW,
22 AND COLLECT ALL EXPENSES INCURRED BY THE DEPARTMENT IN
23 PERFORMING ITS DUTIES HEREUNDER, AS MAY NOW OR HEREAFTER BE
24 PROVIDED BY LAW.
25 (I) TAKE OVER THE ADMINISTRATION OF THE HEALTH LAWS IN ANY
26 SUCH BOROUGH OR TOWNSHIP, AT THE EXPENSE OF THE DEPARTMENT,
27 WHENEVER THE BOROUGH OR TOWNSHIP SHALL REQUEST THE DEPARTMENT TO
28 DO SO, AND THE DEPARTMENT SHALL DEEM IT ADVISABLE TO COMPLY WITH
29 SUCH REQUEST.
30 (J) PRESCRIBE STANDARD REQUIREMENTS FOR THE CONDUCT OF THE
19950H1177B1543 - 46 -
1 MEDICAL INSPECTION OF THE PUPILS OF THE PUBLIC SCHOOLS
2 THROUGHOUT THE COMMONWEALTH, AND APPOINT MEDICAL INSPECTORS TO
3 MAKE SUCH SCHOOL INSPECTIONS, AS MAY NOW OR HEREAFTER BE
4 PROVIDED BY LAW.
5 (K) INVESTIGATE, HOLD HEARINGS UPON AND DETERMINE ANY
6 QUESTION OF FACT REGARDING THE PURITY OF WATER SUPPLIED TO THE
7 PUBLIC BY ANY PUBLIC UTILITY OVER WHICH THE PENNSYLVANIA PUBLIC
8 UTILITY COMMISSION HAS JURISDICTION, WHENEVER THE COMMISSION
9 SHALL CERTIFY SUCH QUESTION TO THE DEPARTMENT. THE FINDINGS OF
10 THE DEPARTMENT UPON ANY SUCH QUESTIONS SHALL BE INCORPORATED IN
11 AND MADE A PART OF THE DETERMINATION OR DECISION OF SAID
12 COMMISSION OF THE CONTROVERSY OR OTHER PROCEEDING IN CONNECTION
13 WITH WHICH THE QUESTION AROSE AND SHALL BE BINDING UPON THE
14 PARTIES TO SUCH CONTROVERSY OR OTHER PROCEEDING UNLESS EITHER
15 PARTY SHALL TAKE AN APPEAL FROM THE COMMISSION'S DETERMINATION
16 OR DECISION AS MAY NOW OR HEREAFTER BE PROVIDED BY LAW.
17 (L) TRAIN AND MAKE AVAILABLE APPROPRIATE FACILITIES TO TRAIN
18 CERTAIN OTHERWISE QUALIFIED STATE, COUNTY AND MUNICIPAL EMPLOYES
19 IN THE FIELD OF PUBLIC HEALTH WORK, TO BECOME MORE FAMILIAR
20 WITH, AND THEREFORE BETTER UNDERSTAND, THE VARIOUS
21 ADMINISTRATIVE AND TECHNICAL PROBLEMS PECULIAR TO PUBLIC HEALTH
22 SERVICES.
23 (M) MAKE A BACTERIOLOGICAL EXAMINATION AND REPORT OF ANY
24 SAMPLE OF WATER SENT BY ANY PERSON TO THE DEPARTMENT'S
25 LABORATORY AT PHILADELPHIA OR PITTSBURGH. A FEE OF ONE DOLLAR
26 ($1.00) SHALL BE CHARGED FOR THE SERVICE RENDERED IN MAKING THE
27 EXAMINATION AND REPORT.
28 SECTION 2303-A. RECOVERY OF BLOOD PLASMA PROTEINS.--THE
29 DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL HAVE THE POWER,
30 AND ITS DUTY SHALL BE TO:
19950H1177B1543 - 47 -
1 (A) MAINTAIN FACILITIES FOR, OR TO CONTRACT FOR, THE
2 RECOVERY FROM OUT-DATED HUMAN WHOLE BLOOD AND BLOOD FROM WHICH
3 THE CELLS HAVE BEEN WITHDRAWN OF CERTAIN PROTEINS USEFUL FOR
4 IMMUNIZATION, TREATMENT, RESEARCH AND DISASTER STOCK-PILING
5 PURPOSES.
6 (B) MAKE AVAILABLE TO RESEARCH INSTITUTIONS, PHYSICIANS AND
7 HOSPITALS, UPON REQUEST, BLOOD PLASMA PROTEINS FOR RESEARCH,
8 IMMUNIZATION AND TREATMENT.
9 (C) MAINTAIN FACILITIES FOR THE PROPER STORAGE OF BLOOD
10 PROTEINS FOR DISASTER PURPOSES.
11 (D) ADOPT STANDARDS FOR THE EFFICIENT EXECUTION OF A BLOOD
12 PLASMA PROTEIN RECOVERY PROGRAM.
13 (E) DEVELOP AND EMPLOY THE NECESSARY PROCEDURES AND TO DO
14 ANY AND ALL THINGS NECESSARY TO CARRY OUT THE PURPOSES OF THIS
15 ACT.
16 (F) RECEIVE MONEY FROM ANY SOURCE WHATSOEVER, BY GIFT OR
17 OTHERWISE, AND TO EXPEND SUCH FUNDS FOR THE PURPOSE OF CARRYING
18 OUT THE PROVISIONS OF THIS ACT.
19 SECTION 2304-A. VITAL STATISTICS.--THE DEPARTMENT OF HEALTH
20 AND HUMAN SERVICES SHALL HAVE THE POWER, AND ITS DUTY SHALL BE
21 TO:
22 (A) OBTAIN, COLLECT, COMPILE, AND PRESERVE ALL STATISTICS OF
23 MARRIAGES, DEATHS, DISEASES, OF PRACTITIONERS OF MEDICINE AND
24 SURGERY, OF MIDWIVES, NURSES, AND UNDERTAKERS, AND OF ALL
25 PROFESSIONS WHOSE OCCUPATION IS DEEMED TO BE OF IMPORTANCE IN
26 OBTAINING A COMPLETE REGISTRATION OF BIRTHS, DEATHS, MARRIAGES,
27 AND DISEASES, OR OTHER VITAL STATISTICS.
28 (B) PREPARE THE NECESSARY METHODS, FORMS, AND BLANKS, FOR
29 OBTAINING AND PRESERVING RECORDS OF REGISTRATION OF BIRTHS,
30 DEATHS, MARRIAGES, AND DISEASES, AND TO INSURE THE FAITHFUL
19950H1177B1543 - 48 -
1 REGISTRATION OF THE SAME IN THE TOWNSHIPS, BOROUGHS, CITIES, AND
2 COUNTIES, OF THE STATE, AND IN THE DEPARTMENT.
3 (C) SEE THAT THE LAWS REQUIRING THE REGISTRATION OF BIRTHS,
4 DEATHS, MARRIAGES, AND DISEASES, ARE UNIFORMLY AND THOROUGHLY
5 ENFORCED THROUGHOUT THE STATE, AND PROMPT RETURNS OF SUCH
6 REGISTRATIONS MADE TO THE DEPARTMENT.
7 (D) WITH THE ADVICE AND CONCURRENCE OF THE ADVISORY HEALTH
8 BOARD, MAKE APPROPRIATE REGULATIONS FOR THE THOROUGH
9 ORGANIZATION AND EFFICIENCY OF THE REGISTRATION OF THE VITAL
10 STATISTICS THROUGHOUT THE COMMONWEALTH, AND ENFORCE SUCH
11 REGULATIONS.
12 (E) ISSUE MARRIAGE, BIRTH, AND DEATH CERTIFICATES, AND SUCH
13 BURIAL OR REMOVAL PERMITS, AS MAY NOW OR HEREAFTER BE PROVIDED
14 BY LAW.
15 (F) ESTABLISH SUCH DISTRICTS FOR THE REGISTRATION OF VITAL
16 STATISTICS, AND APPOINT SUCH REGISTRARS, DEPUTIES, AND SUB-
17 REGISTRARS, AS MAY BE NECESSARY, PROPERLY TO OBTAIN, COLLECT,
18 COMPILE, AND PRESERVE THE STATISTICS WHICH THE DEPARTMENT IS
19 REQUIRED TO OBTAIN, COLLECT, COMPILE, AND PRESERVE. ALL LOCAL
20 REGISTRARS, DEPUTIES, AND SUB-REGISTRARS, APPOINTED UNDER THIS
21 SECTION, SHALL PERFORM SUCH DUTIES AS SHALL BE REQUIRED OF THEM
22 BY THE DEPARTMENT, AND SHALL RECEIVE SUCH COMPENSATION AS MAY
23 NOW OR HEREAFTER BE FIXED BY LAW.
24 SECTION 2305-A. HEALTH DISTRICTS AND OFFICERS.--THE
25 DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL HAVE THE POWER TO
26 APPORTION THE COMMONWEALTH INTO SUCH NUMBER OF HEALTH DISTRICTS
27 AS THE DEPARTMENT, WITH THE APPROVAL OF THE GOVERNOR, SHALL
28 DECIDE, AND, IN EACH DISTRICT, TO APPOINT A HEALTH OFFICER, WHO
29 SHALL, UNDER THE DIRECTION OF THE DEPARTMENT, HANDLE SUCH
30 MATTERS AS MAY BE DELEGATED TO HIM BY LAW OR BY THE SECRETARY OF
19950H1177B1543 - 49 -
1 HEALTH AND HUMAN SERVICES AND WHO SHALL IN CONNECTION WITH THE
2 MANAGEMENT OF THE SANITARY AFFAIRS OF THE COMMONWEALTH COOPERATE
3 WITH THE DEPARTMENT OF ENVIRONMENTAL RESOURCES.
4 SECTION 2306-A. QUARANTINES.--THE DEPARTMENT OF HEALTH AND
5 HUMAN SERVICES SHALL HAVE THE POWER, AND ITS DUTY SHALL BE TO:
6 (A) WITH THE APPROVAL AND CONCURRENCE OF THE ADVISORY HEALTH
7 BOARD, DECLARE CERTAIN DISEASES TO BE COMMUNICABLE, IN ADDITION
8 TO THOSE BY LAW DECLARED SO TO BE, AND ESTABLISH SUCH
9 REGULATIONS FOR THE PREVENTION OF THE SPREAD OF SUCH DISEASES AS
10 THE DEPARTMENT AND THE ADVISORY HEALTH BOARD SHALL DEEM
11 NECESSARY AND APPROPRIATE.
12 (B) ESTABLISH AND ENFORCE QUARANTINES, IN SUCH MANNER, FOR
13 SUCH PERIOD, AND WITH SUCH POWERS, AS MAY NOW OR HEREAFTER BE
14 PROVIDED BY LAW, TO PREVENT THE SPREAD OF DISEASES DECLARED BY
15 LAW OR BY THE DEPARTMENT TO BE COMMUNICABLE DISEASES.
16 (C) ADMINISTER AND ENFORCE THE LAWS OF THIS COMMONWEALTH
17 WITH REGARD TO VACCINATION AND OTHER MEANS OF PREVENTING THE
18 SPREAD OF COMMUNICABLE DISEASES.
19 SECTION 2307-A. TUBERCULOSIS SANATORIA.--THE DEPARTMENT OF
20 HEALTH AND HUMAN SERVICES SHALL HAVE THE POWER, AND ITS DUTY
21 SHALL BE TO:
22 (A) MAINTAIN SANATORIA, OR COLONIES FOR THE RECEPTION AND
23 TREATMENT OF PERSONS AFFECTED OR SUSPECTED OF BEING AFFECTED
24 WITH TUBERCULOSIS.
25 (B) APPROVE OR DISAPPROVE PLANS AND SPECIFICATIONS FOR
26 COUNTY HOSPITALS OR SANATORIA ERECTED FOR THE TREATMENT THEREIN
27 OF PERSONS SUFFERING FROM TUBERCULOSIS, AS MAY NOW OR HEREAFTER
28 BE PROVIDED BY LAW.
29 (C) UTILIZE ANY UNUSED PORTION OF TUBERCULOSIS SANATORIA IN
30 CITIES OF THE FIRST CLASS AS HEALTH CARE CLINICS.
19950H1177B1543 - 50 -
1 SECTION 2308-A. NARCOTIC DRUGS.--THE DEPARTMENT OF HEALTH
2 AND HUMAN SERVICES SHALL HAVE THE POWER, AND ITS DUTY SHALL BE,
3 TO SUPERVISE THE ENFORCEMENT OF, AND ADMINISTER, LAWS REGULATING
4 THE POSSESSION, CONTROL, DEALING IN, GIVING AWAY, DELIVERY,
5 DISPENSING, ADMINISTERING, PRESCRIBING, AND USE OF NARCOTIC
6 DRUGS.
7 SECTION 2309-A. ADVISORY HEALTH BOARD.--THE ADVISORY HEALTH
8 BOARD SHALL HAVE THE POWER, AND ITS DUTY SHALL BE TO:
9 (A) ADVISE THE SECRETARY OF HEALTH AND HUMAN SERVICES ON
10 SUCH MATTERS AS HE MAY BRING BEFORE IT.
11 (B) MAKE SUCH REASONABLE RULES AND REGULATIONS, NOT CONTRARY
12 TO LAW, AS MAY BE DEEMED BY THE BOARD NECESSARY FOR THE
13 PREVENTION OF DISEASE, AND FOR THE PROTECTION OF THE LIVES AND
14 HEALTH OF THE PEOPLE OF THE COMMONWEALTH, AND FOR THE PROPER
15 PERFORMANCE OF THE WORK OF THE DEPARTMENT OF HEALTH AND HUMAN
16 SERVICES, AND SUCH RULES AND REGULATIONS, WHEN MADE BY THE
17 BOARD, SHALL BECOME THE RULES AND REGULATIONS OF THE DEPARTMENT.
18 (C) MAKE AND FROM TIME TO TIME REVISE A LIST OF SUCH
19 COMMUNICABLE DISEASES AGAINST WHICH CHILDREN SHALL BE REQUIRED
20 TO BE IMMUNIZED AS A CONDITION OF ATTENDANCE AT ANY PUBLIC,
21 PRIVATE, OR PAROCHIAL SCHOOL, INCLUDING ANY KINDERGARTEN, IN THE
22 COMMONWEALTH. SUCH LIST SHALL BE PROMULGATED BY THE SECRETARY OF
23 HEALTH AND HUMAN SERVICES ALONG WITH SUCH RULES AND REGULATIONS
24 AS MAY BE NECESSARY TO INSURE THAT SUCH IMMUNIZATION BE TIMELY,
25 EFFECTIVE AND PROPERLY VERIFIED.
26 (D) PRESCRIBE MINIMUM HEALTH ACTIVITIES AND MINIMUM
27 STANDARDS OF PERFORMANCE OF HEALTH SERVICES FOR COUNTIES OR
28 OTHER POLITICAL SUBDIVISIONS.
29 SECTION 2310-A. ALCOHOLISM.--THE DEPARTMENT OF HEALTH AND
30 HUMAN SERVICES SHALL HAVE THE POWER, AND ITS DUTY SHALL BE TO:
19950H1177B1543 - 51 -
1 (A) INVESTIGATE THE SUBJECT OF ALCOHOLISM IN RESPECT TO
2 REHABILITATION AND COMPILE AND MAINTAIN RELIABLE STATISTICS
3 INDICATING THE EFFECTIVENESS OF ANY REHABILITATION PROGRAMS
4 CARRIED FORWARD BY STATE-AIDED CLINICS FOR ALCOHOLICS, STATE
5 HOSPITALS AND STATE-AIDED HOSPITALS RECEIVING ALCOHOLICS.
6 (B) TAKE SUCH OTHER STEPS AS MAY BE NECESSARY TO PROCURE
7 SUCH INFORMATION AND DATA AS MAY BE DEEMED HELPFUL IN THE
8 TREATMENT AND REHABILITATION OF ALCOHOLICS.
9 SECTION 2311-A. SPEECH AND HEARING REHABILITATION CENTERS.--
10 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL HAVE POWER,
11 AND ITS DUTY SHALL BE TO:
12 (A) PROVIDE, MAINTAIN, ADMINISTER AND OPERATE SPEECH AND
13 HEARING REHABILITATION CENTERS:
14 (1) FOR THE DIAGNOSIS AND TREATMENT OF CHILDREN WITH OR
15 SUSPECTED OF HAVING HEARING LOSS.
16 (2) FOR AUDITORY TRAINING FOR PRESCHOOL CHILDREN.
17 (3) FOR CONSULTATIVE SERVICES FOR HARD OF HEARING CHILDREN
18 OF SCHOOL AGE AND THEIR PARENTS.
19 (B) PURCHASE THE SERVICES UNDER SUBSECTION (A) WHENEVER IT
20 IS NOT FEASIBLE TO PROVIDE AND MAINTAIN SUCH CENTERS.
21 SECTION 2312-A. CYSTIC FIBROSIS PROGRAM.--THE DEPARTMENT OF
22 HEALTH AND HUMAN SERVICES SHALL HAVE THE POWER, AND ITS DUTY
23 SHALL BE, TO CONDUCT A PROGRAM OF CARE AND TREATMENT OF THOSE
24 SUFFERING FROM CYSTIC FIBROSIS WHO ARE TWENTY-ONE OR MORE YEARS
25 OF AGE.
26 SECTION 2313-A. CENTER FOR TREATMENT OF PHYSICAL AND NEURO-
27 DEVELOPMENTAL DISABILITIES.--(A) EFFECTIVE JULY 1, 1982, A
28 CENTER IS HEREBY ESTABLISHED TO BE MANAGED AND CONTROLLED BY THE
29 PENNSYLVANIA STATE UNIVERSITY TO PROVIDE COMPREHENSIVE
30 DIAGNOSTIC AND TREATMENT SERVICES FOR PERSONS WITH PHYSICAL AND
19950H1177B1543 - 52 -
1 NEURO-DEVELOPMENTAL DISABILITIES AMENABLE TO MEDICAL, SURGICAL
2 AND REHABILITATIVE TREATMENT.
3 (B) THE ENTIRE MANAGEMENT AND CONTROL OF THE AFFAIRS OF THE
4 CENTER, INCLUDING, WITHOUT LIMITATION, SERVICES, ADMINISTRATION,
5 FINANCES AND PERSONNEL, IS HEREBY VESTED IN THE PENNSYLVANIA
6 STATE UNIVERSITY, WHICH MAY EXERCISE WITH RESPECT TO THE CENTER
7 ALL OF THE POWERS AND FRANCHISES VESTED BY LAW IN THE
8 UNIVERSITY. THE PENNSYLVANIA STATE UNIVERSITY SHALL, TO THE
9 EXTENT FINANCIALLY FEASIBLE, PROVIDE A REASONABLE VOLUME OF
10 SERVICES TO PERSONS UNABLE TO PAY THEREFOR.
11 (C) EFFECTIVE JULY 1, 1982, THE FUNCTIONS AND OPERATIONS OF
12 THE COMMONWEALTH OF PENNSYLVANIA AT THE ELIZABETHTOWN HOSPITAL
13 FOR CHILDREN AND YOUTH ARE HEREBY TRANSFERRED TO THE
14 PENNSYLVANIA STATE UNIVERSITY TO BE PERFORMED AS A PART OF THE
15 FUNCTIONS AND OPERATIONS OF THE CENTER ESTABLISHED IN SUBSECTION
16 (A).
17 (D) ALL ALLOCATIONS, APPROPRIATIONS, AGREEMENTS TO THE
18 EXTENT ASSIGNABLE, LEASES AND PERSONAL PROPERTY OF EVERY NATURE
19 OF THE COMMONWEALTH WHICH ARE USED, EMPLOYED OR EXPENDED IN
20 CONNECTION WITH ITS DUTIES, POWERS OR FUNCTIONS RELATING TO THE
21 ELIZABETHTOWN HOSPITAL FOR CHILDREN AND YOUTH ARE HEREBY
22 TRANSFERRED TO THE PENNSYLVANIA STATE UNIVERSITY. ALL EMPLOYES,
23 CURRENTLY COVERED BY A COLLECTIVE BARGAINING AGREEMENT, SHALL
24 REMAIN COMMONWEALTH EMPLOYES UNTIL TERMINATION OF ITS LEASE. ALL
25 MONEYS RECEIVED BY THE UNIVERSITY FOR SERVICES RENDERED BY THE
26 COMMONWEALTH AT THE ELIZABETHTOWN HOSPITAL FOR CHILDREN AND
27 YOUTH PRIOR TO JULY 1, 1982, SHALL BE REMITTED TO THE
28 COMMONWEALTH AND ALL ACCOUNTS PAYABLE ARISING FROM OPERATIONS
29 PRIOR TO JULY 1, 1982, SHALL BE PAID BY THE COMMONWEALTH.
30 NOTHING CONTAINED HEREIN SHALL IMPOSE UPON THE UNIVERSITY ANY
19950H1177B1543 - 53 -
1 OBLIGATION, CLAIM, DEMAND OR CAUSE OF ACTION AGAINST THE
2 COMMONWEALTH ARISING OUT OF OR IN CONNECTION WITH THE OPERATION
3 OF THE ELIZABETHTOWN HOSPITAL FOR CHILDREN AND YOUTH BY THE
4 COMMONWEALTH.
5 SECTION 2314-A. LEASE AUTHORITY.--(A) THE DEPARTMENT OF
6 GENERAL SERVICES, WITH APPROVAL AS PROVIDED BY LAW, IS HEREBY
7 AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO
8 LEASE FOR ONE DOLLAR ($1) TO THE PENNSYLVANIA STATE UNIVERSITY
9 THE REMAINING TRACTS OF LAND AS A UNIT, TOGETHER WITH THE
10 IMPROVEMENTS SITUATE THEREON, KNOWN AS THE ELIZABETHTOWN
11 HOSPITAL FOR CHILDREN AND YOUTH, SITUATE IN THE TOWNSHIP OF
12 MOUNT JOY, LANCASTER COUNTY, IN THE COMMONWEALTH OF
13 PENNSYLVANIA:
14 ALL THOSE FOUR CERTAIN TRACTS OF LAND SITUATE IN THE TOWNSHIP
15 OF MOUNT JOY, LANCASTER COUNTY, PENNSYLVANIA, ACQUIRED BY THE
16 COMMONWEALTH OF PENNSYLVANIA UNDER AND BY VIRTUE OF THE ACT OF
17 MAY 14, 1925 (P.L.749, NO.408), ENTITLED, AS AMENDED, "AN ACT
18 PROVIDING FOR THE ESTABLISHING AND MAINTENANCE OF A STATE
19 HOSPITAL AND CENTER TO PROVIDE AMBULATORY AND INPATIENT SERVICES
20 FOR THE DIAGNOSIS, EVALUATION, TREATMENT AND REHABILITATION OF
21 CHILDREN AND YOUTH UNDER AGE TWENTY-ONE WHO HAVE PHYSICAL OR
22 NEURO-DEVELOPMENTAL DISABILITIES; AND MAKING AN APPROPRIATION,"
23 CONTAINING ON THE NORTH SIDE OF PENNSYLVANIA ROUTE 230, 253.55
24 ACRES, MORE OR LESS, INCLUDING PARTS THEREOF CONVEYED TO THE
25 GENERAL STATE AUTHORITY AND SUBJECT TO THE LIMITATIONS ON SAME
26 TOTALING 3.828 ACRES FOR PROJECTS NO. GSA 304-1, 2, 3, 4, 5, 6,
27 IN THE MAIN HOSPITAL COMPLEX.
28 EXCEPTING THEREOUT AND THEREFROM THREE TRACTS OF SURPLUS LAND
29 WITH BUILDINGS THEREON SUBMITTED UNDER ARTICLE XXIV-A OF THIS
30 ACT FOR SALE OR DISPOSITION, NO. 1 CONTAINING 9 ACRES AND
19950H1177B1543 - 54 -
1 BUILDINGS ON BOTH SIDES OF CASSELL ROAD; NO. 2 CONTAINING A LOT,
2 A RESIDENCE AND GARAGE; NO. 3 CONTAINING THE SUPERINTENDENT'S
3 RESIDENCE AND THE SURROUNDING LAND.
4 (B) THE LEASE SHALL CONTAIN A PROVISION TO THE EFFECT THAT
5 THE TERM THEREOF SHALL END NOT LATER THAN THE DATE THAT THE
6 UNIVERSITY INFORMS THE DEPARTMENT OF GENERAL SERVICES THAT THE
7 LEASED PREMISES WILL NO LONGER BE IN USE TO PERFORM THE
8 FUNCTIONS AND OPERATIONS OF THE ELIZABETHTOWN HOSPITAL FOR
9 CHILDREN AND YOUTH.
10 SECTION 2315-A. FINANCES.--THE COMMONWEALTH OF PENNSYLVANIA
11 HEREBY PLEDGES ITS FINANCIAL SUPPORT TO THE PENNSYLVANIA STATE
12 UNIVERSITY FOR THE OPERATION OF THE CENTER AT THE ELIZABETHTOWN
13 HOSPITAL FOR CHILDREN AND YOUTH UNTIL THE TERMINATION OF THE
14 LEASE, AS PROVIDED IN SECTION 2118. IN THE EVENT THAT THE
15 COMMONWEALTH OF PENNSYLVANIA DOES NOT MAKE ANNUAL APPROPRIATIONS
16 DURING THE TERM OF THE LEASE TO THE UNIVERSITY IN AMOUNTS NOT
17 LESS THAN THE AMOUNT APPROPRIATED FOR FISCAL YEAR 1981-1982 TO
18 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE OPERATION OF
19 THE ELIZABETHTOWN HOSPITAL FOR CHILDREN AND YOUTH, SUCH AMOUNTS
20 TO ESCALATE TO REFLECT ANY ANNUAL INCREASE IN THE GENERAL FUND
21 BUDGET OF THE COMMONWEALTH, THE UNIVERSITY MAY REDUCE OR
22 ELIMINATE SERVICES OF THE CENTER.
23 SECTION 2316-A. ADDITIONAL POWERS AND DUTIES OF
24 DEPARTMENT.--THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL
25 HAVE THE POWER AND ITS DUTY SHALL BE TO CARRY OUT THOSE POWERS
26 AND DUTIES CONFERRED UPON THE SECRETARY OF HEALTH AND HUMAN
27 SERVICES AND THE DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER
28 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS "THE
29 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT."
30 NOTWITHSTANDING ANY PROVISION OF "THE CONTROLLED SUBSTANCE,
19950H1177B1543 - 55 -
1 DRUG, DEVICE AND COSMETIC ACT," LOPERAMIDE HYDROCHLORIDE IS
2 EXPRESSLY DEEMED NOT TO BE A CONTROLLED SUBSTANCE WITHIN THE
3 MEANING OF SECTION 4 OF THAT ACT.
4 SECTION 2317-A. EXCEPTION TO CERTIFICATE OF NEED.--
5 NOTWITHSTANDING THE PROVISIONS OF THE ACT OF JULY 19, 1979
6 (P.L.130, NO.48), KNOWN AS THE "HEALTH CARE FACILITIES ACT," IN
7 1982, THE GENERAL ASSEMBLY FOUND NEED FOR THE CONSTRUCTION OF A
8 HOSPITAL ADDITION AT THE MILTON S. HERSHEY MEDICAL CENTER. THE
9 DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL NOT REQUIRE A
10 CERTIFICATE OF NEED FOR THE HOSPITAL ADDITION AUTHORIZED IN
11 SECTION 1.B.II. OF THE ACT OF DECEMBER 6, 1982 (P.L.771,
12 NO.222), ENTITLED "A SUPPLEMENT TO THE ACT OF JULY 1, 1981
13 (P.L.142, NO.47), ENTITLED 'AN ACT PROVIDING FOR THE CAPITAL
14 BUDGET FOR THE FISCAL YEAR 1981-1982,' ITEMIZING PUBLIC
15 IMPROVEMENT AND FURNITURE AND EQUIPMENT PROJECTS TO BE
16 CONSTRUCTED OR ACQUIRED BY THE DEPARTMENT OF GENERAL SERVICES
17 TOGETHER WITH THEIR ESTIMATED FINANCIAL COST, AUTHORIZING THE
18 INCURRING OF DEBT WITHOUT THE APPROVAL OF THE ELECTORS FOR THE
19 PURPOSE OF FINANCING THE PROJECTS TO BE CONSTRUCTED OR ACQUIRED
20 BY THE DEPARTMENT OF GENERAL SERVICES, STATING THE ESTIMATED
21 USEFUL LIFE OF THE PROJECTS, REPEALING PROJECTS AND MAKING
22 APPROPRIATIONS," AND SECTION 2(3)(XV)(K) AND (L) OF THE ACT OF
23 MAY 18, 1984 (P.L.263, NO.62), ENTITLED "A SUPPLEMENT TO THE ACT
24 OF DECEMBER 20, 1983 (P.L.288, NO.76), ENTITLED 'AN ACT
25 PROVIDING FOR THE CAPITAL BUDGET FOR THE FISCAL YEAR 1983-1984,'
26 ITEMIZING PUBLIC IMPROVEMENT PROJECTS, FURNITURE AND EQUIPMENT
27 PROJECTS, REDEVELOPMENT ASSISTANCE PROJECTS AND TRANSPORTATION
28 ASSISTANCE PROJECTS TO BE CONSTRUCTED OR ACQUIRED OR ASSISTED BY
29 THE DEPARTMENT OF GENERAL SERVICES, THE DEPARTMENT OF
30 TRANSPORTATION, THE DEPARTMENT OF COMMUNITY AFFAIRS OR THE
19950H1177B1543 - 56 -
1 PENNSYLVANIA FISH AND BOAT COMMISSION, TOGETHER WITH THEIR
2 ESTIMATED FINANCIAL COST; AUTHORIZING THE INCURRING OF DEBT
3 WITHOUT THE APPROVAL OF THE ELECTORS FOR THE PURPOSE OF
4 FINANCING THE PROJECTS TO BE CONSTRUCTED OR ACQUIRED OR ASSISTED
5 BY THE DEPARTMENT OF GENERAL SERVICES, THE DEPARTMENT OF
6 TRANSPORTATION OR THE DEPARTMENT OF COMMUNITY AFFAIRS; STATING
7 THE ESTIMATED USEFUL LIFE OF THE PROJECTS; AUTHORIZING ISSUING
8 OFFICIALS TO UNDERTAKE LIMITED TEMPORARY BORROWING THROUGH
9 NEGOTIATED SETTLEMENTS; AND MAKING AN APPROPRIATION," NOR SHALL
10 A CERTIFICATE OF NEED FOR THE DEVELOPMENT AND CONSTRUCTION OF
11 THE HOSPITAL ADDITION BE REQUIRED AND SUCH HOSPITAL ADDITION
12 SHALL BE EXEMPT FROM THE CERTIFICATE OF NEED PROVISIONS OF THE
13 "HEALTH CARE FACILITIES ACT."
14 SECTION 2318-A. RESIDENTIAL DRUG AND ALCOHOL TREATMENT
15 PROGRAMS FOR PREGNANT WOMEN AND MOTHERS AND THEIR DEPENDENT
16 CHILDREN.--(A) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
17 SHALL HAVE THE POWER, AND ITS DUTY SHALL BE, TO MAKE GRANTS OR
18 CONTRACTS TO PROVIDE RESIDENTIAL DRUG AND ALCOHOL TREATMENT AND
19 RELATED SERVICES FOR PREGNANT WOMEN, MOTHERS AND THEIR DEPENDENT
20 CHILDREN AND MOTHERS WHO DO NOT HAVE CUSTODY OF THEIR CHILDREN
21 WHERE THERE IS A REASONABLE LIKELIHOOD THAT THE CHILDREN WILL BE
22 RETURNED TO THEM IF THE MOTHER PARTICIPATES SATISFACTORILY IN
23 THE TREATMENT PROGRAM. GRANT OR CONTRACT MONEYS SHALL ONLY BE
24 USED FOR TREATMENT AND RELATED SERVICES PROVIDED TO RESIDENTS OF
25 THIS COMMONWEALTH BY DRUG AND ALCOHOL TREATMENT PROGRAMS
26 LICENSED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WHICH
27 PROVIDE THE FOLLOWING SERVICES:
28 (1) RESIDENTIAL TREATMENT SERVICES FOR WOMEN AND THEIR
29 CHILDREN, SUBJECT TO REASONABLE LIMITATIONS ON THE NUMBER AND
30 AGES OF THE CHILDREN, PROVIDED IN A THERAPEUTIC COMMUNITY
19950H1177B1543 - 57 -
1 SETTING AND INCLUDING, BUT NOT LIMITED TO:
2 (I) ONSITE ADDICTION AND SUBSTANCE ABUSE EDUCATION,
3 COUNSELING AND TREATMENT;
4 (II) ONSITE INDIVIDUAL, GROUP AND FAMILY COUNSELING;
5 (III) ONSITE DRUG AND ALCOHOL PREVENTION AND EDUCATION
6 ACTIVITIES FOR CHILDREN APPROVED BY THE OFFICE OF DRUG AND
7 ALCOHOL PROGRAMS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES;
8 (IV) ONSITE SPECIAL COUNSELING FOR CHILDREN OF ALCOHOLICS
9 AND ADDICTS;
10 (V) INVOLVEMENT WITH ALCOHOLICS ANONYMOUS, NARCOTICS
11 ANONYMOUS, SUPPORT GROUPS FOR CHILDREN OF ALCOHOLICS AND ADDICTS
12 AND OTHER SUPPORT GROUPS; AND
13 (VI) ACTIVITIES WHICH ENHANCE SELF-ESTEEM AND SELF-
14 SUFFICIENCY.
15 (2) ONSITE PARENTING SKILLS COUNSELING AND TRAINING.
16 (3) ACCESS TO SCHOOL FOR CHILDREN AND MOTHERS WHERE
17 APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, SECURING DOCUMENTS
18 NECESSARY FOR REGISTRATION.
19 (4) JOB COUNSELING AND REFERRAL TO EXISTING JOB TRAINING
20 PROGRAMS.
21 (5) ONSITE DAY CARE FOR CHILDREN WHEN THE MOTHER IS
22 ATTENDING COUNSELING, SCHOOL OR A JOB TRAINING PROGRAM AND WHEN
23 THE MOTHER IS AT A JOB OR LOOKING FOR A JOB AND AT OTHER TIMES
24 AS THE DEPARTMENT DEEMS APPROPRIATE.
25 (6) REFERRAL AND LINKAGE TO OTHER NEEDED SERVICES,
26 INCLUDING, BUT NOT LIMITED TO, HEALTH CARE.
27 (7) ONSITE STRUCTURED REENTRY COUNSELING AND ACTIVITIES.
28 (8) REFERRAL TO OUTPATIENT COUNSELING UPON DISCHARGE FROM
29 THE RESIDENTIAL PROGRAM.
30 (B) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL INFORM
19950H1177B1543 - 58 -
1 THE SINGLE COUNTY AUTHORITIES OF THOSE PROGRAMS IN THEIR
2 JURISDICTION BEING CONSIDERED FOR FUNDING TO PROVIDE THE
3 SERVICES LISTED IN THIS SECTION AND SHALL GIVE THE SINGLE COUNTY
4 AUTHORITIES AN OPPORTUNITY TO COMMENT ON THESE FUNDING PROPOSALS
5 PRIOR TO THE DEPARTMENT MAKING A DECISION TO AWARD FUNDING.
6 (C) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL
7 REQUIRE PROGRAMS RECEIVING FUNDS UNDER THIS SECTION TO COLLECT
8 AND PROVIDE TO THE DEPARTMENT INFORMATION CONCERNING THE NUMBER
9 OF WOMEN AND CHILDREN DENIED TREATMENT OR PLACED ON WAITING
10 LISTS AND MAY REQUIRE SUCH DATA AND OTHER INFORMATION AS THE
11 DEPARTMENT DEEMS USEFUL IN DETERMINING THE EFFECTIVENESS OF THE
12 TREATMENT PROGRAMS. CONFIDENTIALITY OF RECORDS REGARDING
13 IDENTIFIABLE INDIVIDUALS ENROLLED IN TREATMENT PROGRAMS FUNDED
14 UNDER THIS SECTION SHALL BE MAINTAINED.
15 (D) CONTRIBUTIONS BY COUNTIES OR SINGLE COUNTY AUTHORITIES
16 SHALL NOT BE REQUIRED AS A CONDITION FOR RECEIVING GRANTS FOR
17 PROGRAMS FUNDED UNDER THIS SECTION, BUT THE DEPARTMENT OF HEALTH
18 AND HUMAN SERVICES MAY REQUIRE COUNTIES OR SINGLE COUNTY
19 AUTHORITIES TO MAKE COMMITMENTS TO PROVIDE OUTPATIENT
20 INTERVENTION, REFERRAL AND AFTERCARE SERVICES TO WOMEN WHOSE
21 RESIDENTIAL TREATMENT IS FUNDED UNDER THIS SECTION UPON
22 COMPLETION OF THEIR RESIDENTIAL TREATMENT.
23 (E) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL
24 ANNUALLY CONVENE A MEETING OF ALL RECIPIENTS OF FUNDS FOR
25 PROGRAMS FUNDED UNDER THIS SECTION AND OTHER INTERESTED PARTIES
26 SO THAT THE DEPARTMENT MAY RECEIVE INPUT REGARDING WAYS TO
27 IMPROVE AND EXPAND TREATMENT SERVICES AND PREVENTION ACTIVITIES
28 FOR PREGNANT WOMEN, MOTHERS AND YOUNG CHILDREN.
29 (F) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL REPORT
30 ANNUALLY TO THE GOVERNOR AND THE GENERAL ASSEMBLY AS TO ITS
19950H1177B1543 - 59 -
1 ACTIVITIES AND EXPENDITURES UNDER THIS SECTION, THE ACTIVITIES
2 OF RECIPIENTS OF FUNDS UNDER THIS SECTION, THE NUMBER OF WOMEN
3 AND CHILDREN SERVED, THE NUMBER OF WOMEN AND CHILDREN DENIED
4 TREATMENT OR PLACED ON WAITING LISTS, THE RECOMMENDATIONS IN
5 SUMMARY FORM MADE AT THE ANNUAL MEETING PROVIDED FOR IN
6 SUBSECTION (E) AND THE RECOMMENDATIONS OF THE DEPARTMENT.
7 (G) AS USED IN THIS SECTION AND SECTION 2124, THE TERM
8 "SINGLE COUNTY AUTHORITY" MEANS THE AGENCY DESIGNATED TO PLAN
9 AND COORDINATE DRUG AND ALCOHOL PREVENTION, INTERVENTION AND
10 TREATMENT SERVICES FOR A GEOGRAPHIC AREA WHICH MAY CONSIST OF
11 ONE OR MORE COUNTIES AND TO ADMINISTER THE PROVISIONS OF SUCH
12 SERVICES FUNDED THROUGH THE AGENCY.
13 (H) AS USED IN THIS SECTION, THE TERM "THERAPEUTIC COMMUNITY
14 SETTING" MEANS A DRUG-FREE, RESIDENTIAL, NONHOSPITAL TREATMENT
15 PROGRAM USING THERAPEUTIC COMMUNITY PRINCIPLES AS THE UNDERLYING
16 PHILOSOPHY.
17 SECTION 2319-A. STAFF TRAINING AND REFERRAL MECHANISMS.--THE
18 DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL HAVE THE POWER,
19 AND ITS DUTY SHALL BE TO:
20 (A) ESTABLISH, ON A DEMONSTRATION BASIS, PROGRAMS TO TRAIN
21 THE STAFF OF CHILD PROTECTIVE SERVICES AGENCIES, COUNSELING
22 PROGRAMS AND SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE,
23 RECIPIENTS OF FUNDS UNDER THE HIGH RISK MATERNITY PROGRAM OR THE
24 FEDERAL MATERNAL AND CHILD HEALTH BLOCK GRANT AND STATE OR
25 COMMUNITY HEALTH CARE CENTERS IN ORDER TO IDENTIFY THOSE
26 PREGNANT WOMEN AND MOTHERS, FOR WHOM THESE AGENCIES ARE ALREADY
27 PROVIDING SERVICES, WHO ARE IN NEED OF DRUG OR ALCOHOL
28 TREATMENT.
29 (B) ESTABLISH REFERRAL NETWORKS AND MECHANISMS BETWEEN THESE
30 AGENCIES AND THE SINGLE COUNTY AUTHORITIES AND APPROPRIATE DRUG
19950H1177B1543 - 60 -
1 AND ALCOHOL TREATMENT PROGRAMS.
2 SECTION 2320-A. MENTAL HEALTH.--THE DEPARTMENT OF HEALTH AND
3 HUMAN SERVICES SHALL HAVE THE POWER, AND ITS DUTY SHALL BE TO:
4 (A) ADMINISTER AND ENFORCE THE LAWS OF THIS COMMONWEALTH
5 RELATIVE TO MENTAL HEALTH, THE CARE, PREVENTION, EARLY
6 RECOGNITION AND TREATMENT OF MENTAL ILLNESS, MENTAL DEFECTS,
7 EPILEPSY, AND INEBRIETY, THE LICENSING AND REGULATION OF
8 INSTITUTIONS FOR THE MENTALLY ILL, MENTALLY DEFECTIVE AND
9 EPILEPTIC, THE ADMISSION AND COMMITMENT OF PATIENTS TO SUCH
10 INSTITUTIONS AND THE TRANSFER, DISCHARGE, ESCAPE, INTERSTATE
11 RENDITION, AND DEPORTATION OF SUCH PATIENTS.
12 (B) SUBJECT TO ANY INCONSISTENT PROVISIONS IN THIS ACT
13 CONTAINED, APPROVE OR DISAPPROVE THE ADVICE AND RECOMMENDATIONS
14 OF THE SEVERAL BOARDS OF TRUSTEES OF STATE MENTAL INSTITUTIONS.
15 SECTION 2321-A. OPERATION OF EASTERN PENNSYLVANIA
16 PSYCHIATRIC INSTITUTE.--THE DEPARTMENT OF HEALTH AND HUMAN
17 SERVICES IS HEREBY AUTHORIZED TO RELINQUISH THE ENTIRE
18 GOVERNMENT, MANAGEMENT, OPERATION AND CONTROL OF THE EASTERN
19 PENNSYLVANIA PSYCHIATRIC INSTITUTE TO THE MEDICAL COLLEGE OF
20 PENNSYLVANIA UPON THE EFFECTIVE DATE OF A LEASE ENTERED PURSUANT
21 TO SECTION 2418.
22 (A) UPON THE EXECUTION OF THE LEASE PERMITTED PURSUANT TO
23 SECTION 2418, THE EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE
24 SHALL BE OPERATED UNDER THE MANAGEMENT OF THE BOARD OF
25 CORPORATORS OF THE MEDICAL COLLEGE OF PENNSYLVANIA, WHICH SHALL
26 BE RESPONSIBLE FOR THE MANAGEMENT AND OPERATION OF THE
27 INSTITUTE.
28 (B) THE MEDICAL COLLEGE OF PENNSYLVANIA SHALL CONDUCT
29 RESEARCH INTO THE CAUSES, PREVENTION, TREATMENT AND CURE OF
30 MENTAL, NEUROLOGICAL AND RELATED DISORDERS AND SHALL PROVIDE
19950H1177B1543 - 61 -
1 CONSULTATION, EDUCATION, TRAINING AND TREATMENT AT THE EASTERN
2 PENNSYLVANIA PSYCHIATRIC INSTITUTE RESPONSIVE TO THE MENTAL
3 HEALTH NEEDS OF THE PUBLIC. PROVISION OF THESE SERVICES AND THE
4 CONDUCT OF RESEARCH SHALL BE LIMITED ONLY BY FUNDS AVAILABLE FOR
5 THESE PURPOSES. IN ADDITION TO REQUESTING APPROPRIATIONS FROM
6 THE GENERAL ASSEMBLY TO FUND THESE FUNCTIONS, THE BOARD OF
7 CORPORATORS OF THE MEDICAL COLLEGE OF PENNSYLVANIA SHALL MAKE
8 GOOD FAITH EFFORTS TO OBTAIN FUNDING FROM THIRD-PARTY SOURCES.
9 (C) THE MEDICAL COLLEGE OF PENNSYLVANIA SHALL UTILIZE ALL
10 SPACE IN THE BUILDINGS KNOWN AS THE EASTERN PENNSYLVANIA
11 PSYCHIATRIC INSTITUTE CONSISTENT WITH THE FUNCTIONS DESCRIBED IN
12 THIS SECTION. IF THE MEDICAL COLLEGE OF PENNSYLVANIA USES SPACE
13 IN THE EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE FOR FUNCTIONS
14 OTHER THAN THOSE DESCRIBED, IT SHALL PROVIDE THE DEPARTMENT OF
15 HEALTH AND HUMAN SERVICES WITH WRITTEN DOCUMENTATION THAT AN
16 EQUIVALENT AMOUNT OF SPACE IS USED IN OTHER FACILITIES OF THE
17 MEDICAL COLLEGE OF PENNSYLVANIA FOR THOSE FUNCTIONS.
18 (D) THE MEDICAL COLLEGE OF PENNSYLVANIA MAY CONSTRUCT
19 BUILDINGS ON VACANT LAND OF THE LEASED PREMISES IF THE BUILDINGS
20 ARE CONSISTENT WITH THE ACADEMIC HEALTH MISSION OF THE MEDICAL
21 COLLEGE OF PENNSYLVANIA.
22 SECTION 2322-A. POWERS AND DUTIES OF ADVISORY COMMITTEES.--
23 THE ADVISORY COMMITTEE FOR THE BLIND, THE ADVISORY COMMITTEE FOR
24 GENERAL AND SPECIAL HOSPITALS, THE ADVISORY COMMITTEE FOR
25 CHILDREN AND YOUTH, THE ADVISORY COMMITTEE FOR PUBLIC ASSISTANCE
26 AND THE ADVISORY COMMITTEE FOR MENTAL HEALTH AND MENTAL
27 RETARDATION, SHALL, CONCERNING MATTERS WITHIN THEIR RESPECTIVE
28 SPECIAL FIELDS OF INTEREST, HAVE THE POWER, AND THEIR DUTY SHALL
29 BE TO:
30 (A) ADVISE THE APPROPRIATE MAJOR PROGRAM UNIT OF THE
19950H1177B1543 - 62 -
1 DEPARTMENT OF HEALTH AND HUMAN SERVICES. THIS ADVICE SHALL
2 INCLUDE, BUT SHALL NOT BE LIMITED TO, SUCH MATTERS AS STANDARDS
3 OF ELIGIBILITY, NATURE AND EXTENT OF SERVICE, AMOUNTS OF
4 PAYMENTS TO INDIVIDUALS, STANDARDS OF APPROVAL, CERTIFICATION
5 AND LICENSURE OF INSTITUTIONS AND AGENCIES, WAYS AND MEANS OF
6 COORDINATING PUBLIC AND PRIVATE WELFARE ACTIVITIES, AND SUCH
7 OTHER MATTERS AS MAY, BY LAW, REQUIRE CITIZEN REVIEW OR MAY BE
8 REFERRED TO THE COMMITTEES BY THE DEPARTMENTAL UNITS ADVISED BY
9 THEM; AND THE ADVISORY COMMITTEE FOR MENTAL HEALTH AND MENTAL
10 RETARDATION SHALL ALSO HAVE THE POWER AND DUTY TO ADVISE THE
11 GOVERNOR AND THE SECRETARY OF PUBLIC WELFARE WITH REGARD TO THE
12 APPOINTMENT OF THE COMMISSIONER OF MENTAL HEALTH.
13 (B) ARRANGE FOR AND CONDUCT SUCH PUBLIC HEARINGS AS MAY BE
14 REQUIRED BY LAW OR WHICH THEY DEEM NECESSARY AND ADVISABLE.
15 (C) PROMOTE BETTER PUBLIC UNDERSTANDING OF THE PROGRAMS AND
16 OBJECTIVES OF THE DEPARTMENTAL UNITS ADVISED BY THEM.
17 SECTION 2323-A. DOMESTIC VIOLENCE AND RAPE VICTIMS
18 SERVICES.--(A) THE GENERAL ASSEMBLY FINDS THAT THE PUBLIC
19 HEALTH AND SAFETY IS THREATENED BY INCREASING INCIDENCES OF
20 DOMESTIC VIOLENCE AND RAPE. DOMESTIC VIOLENCE PROGRAMS AND RAPE
21 CRISIS PROGRAMS PROVIDE NEEDED SUPPORT SERVICES FOR VICTIMS AND
22 ASSIST IN PREVENTION THROUGH COMMUNITY EDUCATION. THEREFORE, THE
23 GENERAL ASSEMBLY FINDS THAT IT IS IN THE PUBLIC INTEREST FOR THE
24 COMMONWEALTH TO ESTABLISH A MECHANISM TO PROVIDE FINANCIAL
25 ASSISTANCE TO DOMESTIC VIOLENCE CENTERS AND RAPE CRISIS CENTERS
26 FOR THE OPERATION OF DOMESTIC VIOLENCE AND RAPE CRISIS PROGRAMS.
27 (B) WHERE ANY PERSON AFTER THE EFFECTIVE DATE OF THIS
28 SECTION PLEADS GUILTY OR NOLO CONTENDERE TO OR IS CONVICTED OF
29 ANY CRIME AS HEREIN DEFINED, THERE SHALL BE IMPOSED, IN ADDITION
30 TO ALL OTHER COSTS, AN ADDITIONAL COST IN THE SUM OF TEN DOLLARS
19950H1177B1543 - 63 -
1 ($10) FOR THE PURPOSE OF FUNDING THE SERVICES AS DESCRIBED IN
2 THIS SECTION. SUCH SUM SHALL BE PAID OVER TO THE STATE TREASURER
3 TO BE DEPOSITED IN THE GENERAL FUND. UNDER NO CONDITION SHALL A
4 POLITICAL SUBDIVISION BE LIABLE FOR THE PAYMENT OF THE TEN
5 DOLLARS ($10) IN ADDITIONAL COSTS.
6 (C) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL MAKE
7 GRANTS TO DOMESTIC VIOLENCE CENTERS AND RAPE CRISIS CENTERS FOR
8 THE OPERATION OF DOMESTIC VIOLENCE PROGRAMS AND RAPE CRISIS
9 PROGRAMS CONSISTENT WITH THIS SECTION. IN AWARDING GRANTS, THE
10 DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL CONSIDER THE
11 POPULATION TO BE SERVED, THE GEOGRAPHICAL AREA TO BE SERVICED,
12 THE SCOPE OF THE SERVICES, THE NEED FOR SERVICES AND THE AMOUNT
13 OF FUNDS PROVIDED FROM OTHER SOURCES.
14 (D) THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL MAKE
15 AVAILABLE AT COST TO THE PUBLIC COPIES OF APPLICATIONS THAT HAVE
16 BEEN SUBMITTED OR APPROVED FOR FUNDING AND REPORTS ON ANY FISCAL
17 OR PROGRAMMATIC REVIEWS OF FUNDED PROGRAMS.
18 (E) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
19 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
20 "CRIME" MEANS AN ACT COMMITTED IN PENNSYLVANIA WHICH, IF
21 COMMITTED BY A MENTALLY COMPETENT, CRIMINALLY RESPONSIBLE ADULT,
22 WHO HAD NO LEGAL EXEMPTION OR DEFENSE, WOULD CONSTITUTE A CRIME
23 AS DEFINED IN AND PROSCRIBED BY TITLE 18 OF THE PENNSYLVANIA
24 CONSOLIDATED STATUTES (RELATING TO CRIMES AND OFFENSES) OR
25 ENUMERATED IN THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN
26 AS "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT."
27 HOWEVER, NO ACT INVOLVING THE OPERATION OF A MOTOR VEHICLE WHICH
28 RESULTS IN INJURY SHALL CONSTITUTE A CRIME FOR THE PURPOSE OF
29 THIS SECTION UNLESS SUCH INJURY WAS INTENTIONALLY INFLICTED
30 THROUGH THE USE OF A MOTOR VEHICLE.
19950H1177B1543 - 64 -
1 "DOMESTIC VIOLENCE" MEANS THE OCCURRENCE OF ONE OR MORE OF
2 THE FOLLOWING ACTS BETWEEN FAMILY OR HOUSEHOLD MEMBERS:
3 (1) INTENTIONALLY, KNOWINGLY OR RECKLESSLY CAUSING OR
4 ATTEMPTING TO CAUSE BODILY INJURY.
5 (2) PLACING, BY PHYSICAL MENACE, ANOTHER IN FEAR OF IMMINENT
6 SERIOUS BODILY INJURY.
7 "DOMESTIC VIOLENCE CENTER" MEANS AN ORGANIZATION, OR THE
8 COORDINATING BODY OF AN ORGANIZATION, WHICH HAS AS ITS PRIMARY
9 PURPOSE THE OPERATION OF DOMESTIC VIOLENCE PROGRAMS.
10 "DOMESTIC VIOLENCE PROGRAM" MEANS A PROGRAM WHICH HAS AS ITS
11 PRIMARY PURPOSE THE PROVISION OF DIRECT SERVICES TO VICTIMS OF
12 DOMESTIC VIOLENCE AND THEIR CHILDREN, INCLUDING, BUT NOT LIMITED
13 TO, VICTIM ADVOCACY, COUNSELING, SHELTER, INFORMATION AND
14 REFERRAL, VICTIM-WITNESS, ACCOMPANIMENT, COMMUNITY EDUCATION AND
15 PREVENTION.
16 "RAPE CRISIS CENTER" MEANS AN ORGANIZATION, OR THE
17 COORDINATING BODY OF AN ORGANIZATION, WHICH HAS AS ITS PRIMARY
18 PURPOSE THE OPERATION OF RAPE CRISIS PROGRAMS.
19 "RAPE CRISIS PROGRAM" MEANS A PROGRAM WHICH HAS AS ITS
20 PRIMARY PURPOSE THE PROVISION OF DIRECT SERVICES TO VICTIMS OF
21 SEXUAL ASSAULT, INCLUDING, BUT NOT LIMITED TO, CRISIS
22 INTERVENTION, COUNSELING, VICTIM ADVOCACY, INFORMATION AND
23 REFERRAL, VICTIM-WITNESS AND ASSISTANCE, ACCOMPANIMENT THROUGH
24 THE MEDICAL, POLICE AND JUDICIAL SYSTEMS AS WELL AS PROVIDING
25 EDUCATION AND PREVENTION PROGRAMS ON RAPE AND SEXUAL ASSAULTS.
26 "SEXUAL ASSAULT" MEANS ANY CONDUCT WHICH IS A CRIME UNDER 18
27 PA.C.S. CH. 31 (RELATING TO SEXUAL OFFENSES).
28 SECTION 34. THE DEFINITION OF "SURPLUS PROPERTY" IN SECTION
29 2401-A OF THE ACT, ADDED JULY 1, 1981 (P.L.143, NO.48), IS
30 AMENDED TO READ:
19950H1177B1543 - 65 -
1 Section 2401-A. Limited Definitions.--The following words
2 and phrases when used in this article shall have, unless the
3 context clearly indicates otherwise, the meanings given to them
4 in this section:
5 * * *
6 "Surplus property." Any buildings, land or other real estate
7 owned by the Commonwealth that has been deemed surplus to the
8 needs of the administering agency which [last had] has current
9 use of the property [and which has been turned over to the
10 jurisdiction of the Department of General Services for final
11 verification and declaration of its surplus status]. The
12 definition of and the designation of surplus property shall not
13 apply to any lands designated as State parks or State forests or
14 any lands acquired by the Pennsylvania Fish and Boat Commission
15 or the Pennsylvania Game Commission.
16 Section 2. Sections 2402-A(a) and (b), 2404-A(a), (b) and <--
17 (d)(1), 2405-A(4) and 2406-A of the act, added July 1, 1981
18 (P.L.143, No.48), are amended to read:
19 SECTION 35. SECTION 2402-A(A) AND (B) OF THE ACT, ADDED JULY <--
20 1, 1981 (P.L.143, NO.48), ARE AMENDED AND THE SECTION IS AMENDED
21 BY ADDING A SUBSECTION TO READ:
22 Section 2402-A. Annual Property Survey.--(a) The department
23 shall distribute to all agencies, not later than [30 days after
24 the effective date of this article and not later than May 1]
25 January 1 of each year [thereafter], a request to compile
26 information on all State-owned real property. The survey shall
27 require the agency, for each parcel of real property, within its
28 jurisdiction, to identify its location, size, current use, the
29 presence of any buildings or other improvements, the condition
30 of all buildings and improvements and other relevant property
19950H1177B1543 - 66 -
1 attribute data. The survey shall require the agency to identify
2 any property currently surplus to the needs of the agency.
3 (b) Agencies shall send to the department, not later than
4 [60 days after the effective date of this article and not later
5 than July] March 1 of each year [thereafter], completed annual
6 property surveys. The department shall compile and consolidate
7 the agency surveys and send a copy of the compilation to the
8 Chairmen and Minority Chairmen of the House and Senate State
9 Government Committees or their successor committees.
10 * * *
11 (D) ALL AGENCIES SHALL BE RESPONSIBLE FOR THE SECURITY AND <--
12 MAINTENANCE OF EACH PROPERTY THEY DEEM SURPLUS.
13 SECTION 36. SECTIONS 2403-A(B)(2), 2404-A(A), (B) AND
14 (D)(1), 2405-A(4) AND 2406-A OF THE ACT, ADDED JULY 1, 1981
15 (P.L.143, NO.48), ARE AMENDED TO READ:
16 SECTION 2403-A. PROPERTY DISPOSITION PLAN.--* * *
17 (B) THE PLAN SHALL CONSIDER THE FOLLOWING FACTORS IN
18 PROPOSING THE MANNER AND SCHEDULE FOR PROPERTY DISPOSITION:
19 * * *
20 (2) WHETHER THE LAND SHOULD BE RETAINED IN AGRICULTURAL USE
21 OR AS OPEN SPACE FOR RECREATION OR CONSERVATION. A DETERMINATION
22 WHETHER LAND SHOULD BE PRESERVED AS OPEN SPACE OR IN
23 AGRICULTURAL USE SHALL BE MADE IN CONSULTATION WITH THE
24 DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF ENVIRONMENTAL
25 RESOURCES AND THE DEPARTMENT OF [COMMUNITY AFFAIRS] COMMUNITY
26 AND ECONOMIC DEVELOPMENT.
27 * * *
28 Section 2404-A. Legislative Oversight and Public Review.--
29 (a) The property disposition plan shall be transmitted to the
30 Chairmen and Minority Chairmen of the House and Senate State
19950H1177B1543 - 67 -
1 Government Committees or their successor committees not later
2 than [90 days after the effective date of this article and not
3 later than September 1 for each year thereafter.] May 1 of each
4 year. The House and Senate Committees shall conduct public
5 hearings which may be joint hearings to review the plan and
6 shall advise the department of any suggested modifications in
7 the plan not later than [120 days after the effective date of
8 this article and not later than October 1 for each year
9 thereafter.] June 1 of each year.
10 (b) The department shall publish its proposed property
11 disposition plan in the Pennsylvania Bulletin not later than [90
12 days after the effective date of this article and not later than
13 September 1 for each year thereafter] May 1 of each year and
14 invite public comments on the plan during the following 30-day
15 period. The proposed plan shall not require review by the
16 Attorney General for form and legality prior to publication, but
17 during the 30-day comment period the department shall request
18 that the Attorney General review the plan for form and legality.
19 The Attorney General shall communicate his evaluation of the
20 plan, in writing, to the department and to the Chairmen and
21 Minority Chairmen of the House and Senate State Government
22 Committees or their successor committees.
23 * * *
24 (d) (1) Not later than [150 days following the effective
25 date of this article and no later than October 15 of each
26 year thereafter] June 15, the department shall transmit the
27 plan to the Governor for his approval and the Governor shall
28 transmit the plan to the Chief Clerk of the House of
29 Representatives and the Secretary of the Senate for
30 consideration by the General Assembly in the manner specified
19950H1177B1543 - 68 -
1 by the act of April 7, 1955 (P.L.23, No.8), known as the
2 "Reorganization Act of 1955," except that either House of the
3 General Assembly may reject a plan for the disposition of a
4 specific parcel while approving the balance of the surplus
5 property disposition plan.
6 * * *
7 Section 2405-A. Conditions Upon Conveyances.--Any proposed
8 disposition of property shall be subject to the following
9 conditions and limitations:
10 * * *
11 (4) After appropriate public notice, the sale of declared
12 surplus property by the department shall be open to public
13 review and inspection. Acceptance of an offer shall be subject
14 to a minimum price requirement as established by the department,
15 which shall not be less than the fair market value. [Prospective
16 buyers shall submit sealed offers to purchase declared surplus
17 property through the mail.] Declared surplus property shall be
18 sold by the department through either a competitive sealed
19 bidding process, in which prospective buyers submit sealed
20 offers through the mail, or at an auction, conducted by an
21 auctioneer holding a license under the provisions of the act of
22 December 22, 1983 (P.L.327, No.85), known as the "Auctioneer and
23 Auction Licensing Act." The use of either method of sale shall
24 be at the department's discretion. Except as provided in clause
25 (3), sale of the declared surplus property shall be to the
26 highest bidder, provided that no offer may be accepted which is
27 below the fair market value, established through independent
28 appraisal.
29 * * *
30 Section 2406-A. Allocation of Sale Proceeds.--The proceeds
19950H1177B1543 - 69 -
1 of the sale of real estate under the provisions of section 2405-
2 A shall be paid into the State Treasury, through the Department
3 of Revenue and deposited in the Capital Facilities Redemption
4 Fund, or if the land was acquired by moneys wholly or mainly out
5 of a special fund, such proceeds shall be credited to the proper
6 special fund, and all proceeds of the sale of authority
7 properties shall be paid to the respective fiscal agent of the
8 authority in accordance with the bond resolution. The costs and
9 fees incurred by the Department of General Services, including
10 but not limited to costs of auctions or sales at auction, title
11 searches, notice, surveys and appraisals, shall be deducted from
12 the purchase price and that amount shall be an executively
13 authorized augmentation to the appropriation from which the
14 costs and fees were paid by the department.
15 Section 3. This act shall take effect on January 1, 1996. <--
16 SECTION 37. SECTION 2408(3) OF THE ACT, AMENDED JULY 22, <--
17 1975 (P.L.75, NO.45), IS AMENDED TO READ:
18 SECTION 2408. PROCEDURE FOR CONSTRUCTION OF ALL CAPITAL
19 IMPROVEMENTS, REPAIRS OR ALTERATIONS UNDER THE CONTROL OF THE
20 DEPARTMENT OF GENERAL SERVICES.--WHENEVER THE GENERAL ASSEMBLY
21 HAS MADE AN APPROPRIATION OR AUTHORIZED BORROWING UNDER THE ACT
22 OF JULY 20, 1968 (P.L.550, NO.217), KNOWN AS THE "CAPITAL
23 FACILITIES DEBT ENABLING ACT," IN ANY BUDGET TO THE DEPARTMENT
24 OF GENERAL SERVICES OR TO ANY DEPARTMENT, BOARD, COMMISSION,
25 AGENCY OR STATE SUPPORTED INSTITUTION FOR THE CONSTRUCTION OF A
26 CAPITAL IMPROVEMENT, OR FOR THE REPAIR OR ALTERATION OF A
27 CAPITAL IMPROVEMENT TO BE COMPLETED BY THE DEPARTMENT OF GENERAL
28 SERVICES, TO COST MORE THAN TWENTY-FIVE THOUSAND DOLLARS
29 ($25,000), THE FOLLOWING PROCEDURE SHALL APPLY, UNLESS THE WORK
30 IS TO BE DONE BY STATE EMPLOYES, OR BY INMATES OR PATIENTS OF A
19950H1177B1543 - 70 -
1 STATE INSTITUTION OR STATE INSTITUTIONS, OR UNLESS THE
2 DEPARTMENT, BOARD, OR COMMISSION TO WHICH THE GENERAL ASSEMBLY
3 HAS APPROPRIATED MONEY FOR THE FOREGOING PURPOSES IS, BY THIS
4 ACT OR BY THE ACT MAKING THE APPROPRIATION, AUTHORIZED TO ERECT,
5 ALTER, OR ENLARGE BUILDINGS INDEPENDENTLY OF THE DEPARTMENT OF
6 GENERAL SERVICES, OR UNDER A DIFFERENT PROCEDURE:
7 * * *
8 (3) THE DEPARTMENT OF GENERAL SERVICES SHALL ENTER INTO A
9 CONTRACT WITH THE ARCHITECT OR ENGINEER, WHICH SHALL PROVIDE (I)
10 A DATE FOR THE COMPLETION OF THE PLANS AND SPECIFICATIONS, AND;
11 (II) THAT THE PLANS AND SPECIFICATIONS MUST MEET WITH THE
12 APPROVAL OF THE DEPARTMENT, BOARD, OR COMMISSION FOR WHICH THE
13 BUILDING IS BEING ERECTED, ALTERED, OR ENLARGED AND, IN THE CASE
14 OF DEPARTMENTAL ADMINISTRATIVE BOARDS OR COMMISSIONS, OF THE
15 DEPARTMENTS WITH WHICH SUCH BOARDS OR COMMISSIONS ARE
16 RESPECTIVELY CONNECTED, TO THE EXTENT OF THE TYPE AND GENERAL
17 CHARACTER OF THE BUILDING, DESIGN OF THE FLOOR LAYOUTS, MEDICAL
18 EQUIPMENT, OR OTHER EQUIPMENT OF A NATURE PECULIAR TO THE
19 BUILDING FOR WHICH THE PLANS AND SPECIFICATIONS ARE BEING
20 PREPARED; (III) THAT THE PLANS, DRAWINGS, AND SPECIFICATIONS
21 MUST BE APPROVED BY THE DEPARTMENT OF GENERAL SERVICES; (IV)
22 THAT THE EXTERIOR DESIGN OF THE BUILDING MUST BE APPROVED BY THE
23 STATE ART COMMISSION; AND (V) THAT THE PLANS AND SPECIFICATIONS
24 MUST BE APPROVED BY THE DEPARTMENT OF LABOR AND INDUSTRY, THE
25 DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND THE DEPARTMENT OF
26 ENVIRONMENTAL RESOURCES, TO THE EXTENT TO WHICH THOSE
27 DEPARTMENTS, RESPECTIVELY, HAVE JURISDICTION TO REQUIRE THE
28 SUBMISSION TO THEM FOR APPROVAL OF CERTAIN FEATURES OF THE
29 BUILDING. SUCH ARCHITECT OR ENGINEER IN PREPARING PLANS AND
30 SPECIFICATIONS, SHALL CONSULT WITH THE DEPARTMENT, BOARD, OR
19950H1177B1543 - 71 -
1 COMMISSION, AGENCY OR STATE SUPPORTED INSTITUTION FOR WHICH THE
2 BUILDING IS TO BE ERECTED, ALTERED OR ENLARGED, BUT THE
3 DEPARTMENT OF GENERAL SERVICES SHALL INSIST UPON THE PROMPT
4 COMPLETION OF THE PLANS AND SPECIFICATIONS, WITHIN THE TIME
5 PRESCRIBED IN THE ARCHITECT'S OR ENGINEER'S CONTRACTS, UNLESS IT
6 SHALL SPECIFICALLY AGREE IN WRITING TO AN EXTENSION THEREOF.
7 * * *
8 SECTION 38. SECTION 2409.1(B) OF THE ACT, AMENDED JULY 1,
9 1981 (P.L.143, NO.48), IS AMENDED TO READ:
10 SECTION 2409.1. HANDICAPPED-MADE PRODUCTS AND SERVICES.--* *
11 *
12 (B) THE SECRETARY OF GENERAL SERVICES SHALL HAVE THE POWER,
13 AND IT SHALL BE HIS DUTY, TO DETERMINE THE FAIR MARKET PRICE ON
14 ANY PRODUCT OR SERVICE, THE PRACTICE OF WHICH IS NOT LICENSED
15 UNDER THE LAWS OF THIS COMMONWEALTH, WHICH HANDICAPPED PERSONS
16 CAN MANUFACTURE OR PERFORM AND WHICH HAS BEEN OFFERED FOR SALE
17 TO THE COMMONWEALTH OR ANY OF ITS AGENCIES BY ANY CHARITABLE
18 NONPROFIT-MAKING AGENCY FOR THE HANDICAPPED, INCORPORATED UNDER
19 THE LAWS OF THIS COMMONWEALTH, AND MANUFACTURING MERCHANDISE
20 WITHIN THIS COMMONWEALTH AND PROVIDING SERVICES WITHIN THIS
21 COMMONWEALTH, AND APPROVED FOR SUCH PURPOSE BY THE DEPARTMENT OF
22 GENERAL SERVICES, TO REVISE SUCH PRICES FROM TIME TO TIME, IN
23 ACCORDANCE WITH CHANGING MARKET CONDITIONS, AND TO MAKE SUCH
24 RULES AND REGULATIONS REGARDING SPECIFICATIONS, TIME OF DELIVERY
25 AND OTHER RELEVANT MATTERS AS ARE NECESSARY TO CARRY OUT THE
26 PROVISIONS OF THIS SECTION. AT THE REQUEST OF THE SECRETARY OF
27 GENERAL SERVICES AND WITH THE APPROVAL OF THE SECRETARY OF
28 [PUBLIC WELFARE] HEALTH AND HUMAN SERVICES, THE DEPARTMENT OF
29 [PUBLIC WELFARE] HEALTH AND HUMAN SERVICES OR OTHER NONPROFIT-
30 MAKING AGENCY SHALL FACILITATE THE DISTRIBUTION OF ORDERS AND
19950H1177B1543 - 72 -
1 SERVICES AMONG AGENCIES FOR THE HANDICAPPED.
2 * * *
3 SECTION 39. SECTION 2418 OF THE ACT, ADDED DECEMBER 11, 1986
4 (P.L.1485, NO.153), IS AMENDED TO READ:
5 SECTION 2418. LEASE OF EASTERN PENNSYLVANIA PSYCHIATRIC
6 INSTITUTE.--THE DEPARTMENT OF GENERAL SERVICES, WITH THE
7 APPROVAL OF THE GOVERNOR AND THE DEPARTMENT OF [PUBLIC WELFARE]
8 HEALTH AND HUMAN SERVICES, IS AUTHORIZED TO LEASE OR SUBLEASE,
9 FOR THE RENTAL OF ONE DOLLAR ($1) PER ANNUM, ALL OF THE LAND AND
10 BUILDINGS IN THE CITY AND COUNTY OF PHILADELPHIA KNOWN AS THE
11 EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, AND ALL
12 IMPROVEMENTS, FIXTURES, EQUIPMENT AND FURNISHINGS LOCATED THERE,
13 TO THE MEDICAL COLLEGE OF PENNSYLVANIA UPON SUCH TERMS AND
14 CONDITIONS AS THE MEDICAL COLLEGE OF PENNSYLVANIA AND THE
15 DEPARTMENT OF [PUBLIC WELFARE] HEALTH AND HUMAN SERVICES SHALL
16 AGREE. THE PROVISIONS OF SECTION 2402(I) SHALL NOT APPLY TO A
17 LEASE ENTERED INTO PURSUANT TO THIS SECTION.
18 SECTION 40. SECTION 2501-B OF THE ACT, AMENDED OR ADDED MAY
19 10, 1939 (P.L.101, NO.50) AND DECEMBER 3, 1970 (P.L.834,
20 NO.275), IS AMENDED TO READ:
21 [SECTION 2501-B. POWERS AND DUTIES OF THE DEPARTMENT OF
22 COMMERCE.--THE DEPARTMENT OF COMMERCE SHALL HAVE THE POWER, AND
23 ITS DUTY SHALL BE:
24 (A) TO ADMINISTER AND CARRY OUT THE PROVISIONS OF THE
25 COMMERCE LAW.
26 (B) TO TAKE ANY OTHER ACTION AUTHORIZED OR REQUIRED BY THIS
27 OR ANY OTHER LAW.
28 (C) TO TAKE SUCH STEPS AS IT MAY DEEM ADVISABLE TO PROMOTE
29 THE WELFARE OF THE MINING AND MINERAL INTERESTS OF THE
30 COMMONWEALTH, AND THE USE OF THE MINERAL PRODUCTS OF
19950H1177B1543 - 73 -
1 PENNSYLVANIA.
2 (D) TO CONDUCT, OR CAUSE TO BE CONDUCTED, THOROUGH AND
3 COMPREHENSIVE RESEARCH STUDIES AND RESEARCH PROGRAMS IN THE
4 TECHNOLOGY, THE ECONOMICS, AND THE METHODS OF MINING, PREPARING,
5 TRANSPORTING AND THE MARKETING OF BITUMINOUS AND ANTHRACITE COAL
6 AND THEIR BY-PRODUCTS, AND SUCH OTHER PURPOSES AS SHALL BE
7 DEEMED TO BE ADVANTAGEOUS TO THE WELL-BEING AND FUTURE OF THE
8 BITUMINOUS AND ANTHRACITE COAL INDUSTRY.
9 WITH THE APPROVAL OF THE GOVERNOR, THE DEPARTMENT IS
10 AUTHORIZED TO ENTER INTO MUTUALLY SATISFACTORY CONTRACTS OR
11 AGREEMENTS WITH ANY PERSON, FIRM, INSTITUTION OR CORPORATION AS
12 WELL AS ANY STATE OR FEDERAL AGENCY WHICH THE DEPARTMENT DEEMS
13 WISE, NECESSARY AND EXPEDIENT IN CARRYING OUT ITS OBJECTIVES,
14 BUT THE DEPARTMENT, IN SO FAR AS IT IS PRACTICABLE, SHALL MAKE
15 SUCH CONTRACTS OR AGREEMENTS WITH PERSONS, ASSOCIATIONS AND
16 INSTITUTIONS LOCATED WITHIN THE COMMONWEALTH OF PENNSYLVANIA.
17 THE DEPARTMENT MAY, SUBJECT TO THE APPROVAL OF THE GOVERNOR,
18 MAKE GRANTS TO PUBLIC AND PRIVATE SCIENTIFIC SCHOOLS,
19 INSTITUTIONS AND ASSOCIATIONS WHICH HAVE THE NECESSARY EXISTING
20 RESEARCH LABORATORY FACILITIES FOR THE ACCOMPLISHMENT OF ITS
21 POWERS AND, TO THIS END, IT MAY USE ANY MATCHING OR DONATED
22 FUNDS AVAILABLE FROM THE FEDERAL GOVERNMENT, PRIVATE OR
23 PHILANTHROPIC CONCERNS, ASSOCIATIONS AND INSTITUTIONS.
24 (E) THE DEPARTMENT SHALL SUPERVISE THE EXPENDITURE BY THE
25 SCHOOL OF MINERAL INDUSTRIES OF PENNSYLVANIA STATE UNIVERSITY OF
26 APPROPRIATIONS MADE FOR THE PURPOSE OF CONDUCTING RESEARCHES TO
27 DISCOVER A BY-PRODUCT FOR THE USE OF ANTHRACITE AND BITUMINOUS
28 COAL AND TO DEVELOP NEW SCIENTIFIC, CHEMICAL AND OTHER USES, AND
29 NEW AND EXTENDED MARKETS FOR ANTHRACITE AND BITUMINOUS COAL AND
30 ITS PRODUCTS.
19950H1177B1543 - 74 -
1 THE COMMONWEALTH, THROUGH THE DEPARTMENT, SHALL HAVE THE
2 RIGHT TO ACCEPT AND RECEIVE GIFTS, CONTRIBUTIONS, BEQUESTS AND
3 DEVISES OF REAL OR PERSONAL PROPERTY MADE BY ANY PERSON FOR THE
4 ABOVE PURPOSES, WHICH SHALL BE DESIGNATED AS BEING FOR THE USE
5 OF THE SCHOOL OF MINERAL INDUSTRIES OF PENNSYLVANIA STATE
6 UNIVERSITY TO BE EXPENDED BY IT UNDER THE SUPERVISION OF THE
7 DEPARTMENT.]
8 SECTION 2501-B. ECONOMIC DEVELOPMENT POWERS.--THE DEPARTMENT
9 OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL HAVE THE POWER, AND
10 ITS DUTY SHALL BE TO:
11 (A) INVESTIGATE, STUDY AND UNDERTAKE WAYS AND MEANS OF
12 PROMOTING AND ENCOURAGING PROSPEROUS DEVELOPMENT AND PROTECTING
13 THE LEGITIMATE INTERESTS AND WELFARE OF PENNSYLVANIA BUSINESS,
14 INDUSTRY AND COMMERCE, WITHIN AND WITHOUT THIS COMMONWEALTH.
15 (B) INVESTIGATE, STUDY AND UNDERTAKE WAYS AND MEANS OF
16 EXPANDING MARKETS AND PROMOTING AND DEVELOPING NEW MARKETS FOR
17 PENNSYLVANIA PRODUCTS.
18 (C) PROMOTE AND ENCOURAGE THE LOCATION AND DEVELOPMENT OF
19 NEW BUSINESS, INDUSTRY AND COMMERCE AND COLLECT AND DISSEMINATE
20 INFORMATION AND ENGAGE IN TECHNICAL STUDIES, SCIENTIFIC
21 INVESTIGATIONS AND STATISTICAL RESEARCH AND EDUCATIONAL
22 ACTIVITIES NECESSARY OR USEFUL FOR THE PROPER EXECUTION OF ITS
23 DUTIES IN PROMOTING AND DEVELOPING PENNSYLVANIA BUSINESS,
24 INDUSTRY AND COMMERCE, WITHIN AND WITHOUT THIS COMMONWEALTH.
25 (D) COOPERATE WITH AND ASSIST PERSONS, FIRMS, ASSOCIATIONS,
26 CORPORATIONS, COOPERATIVE ASSOCIATIONS AND OTHER ORGANIZATIONS
27 AND THE POLITICAL SUBDIVISIONS OF THIS COMMONWEALTH IN THE
28 EXECUTION OF ITS DUTIES AND FUNCTIONS UNDER THIS ACT.
29 (E) MAKE TO THE GENERAL ASSEMBLY, FROM TIME TO TIME,
30 RECOMMENDATIONS FOR THE REMEDY OR IMPROVEMENT OF ANY CONDITIONS,
19950H1177B1543 - 75 -
1 AND THE ELIMINATION OF ANY RESTRICTIONS AND BURDENS IMPOSED BY
2 LAW, OR OTHERWISE EXISTING, WHICH ADVERSELY AFFECT OR RETARD THE
3 DEVELOPMENT AND EXPANSION OF BUSINESS, INDUSTRY OR COMMERCE.
4 (F) INITIATE, PROMOTE AND CONDUCT, OR CAUSE TO BE CONDUCTED,
5 RESEARCH DESIGNED TO FURTHER NEW AND MORE EXTENSIVE USES AND
6 CONSUMPTION OF NATURAL AND OTHER RESOURCES AND THEIR BY-PRODUCTS
7 AND, FOR THIS PURPOSE, TO ENTER INTO CONTRACTS AND AGREEMENTS
8 WITH RESEARCH LABORATORIES MAINTAINED BY EDUCATIONAL OR ENDOWED
9 INSTITUTIONS IN THIS COMMONWEALTH AND TO EXPEND APPROPRIATIONS
10 MADE TO THE DEPARTMENT FOR SUCH PURPOSES.
11 (G) ENCOURAGE AND DEVELOP COMMERCE WITH OTHER STATES AND
12 FOREIGN COUNTRIES AND TO DEVISE WAYS AND MEANS OF REMOVING TRADE
13 BARRIERS HAMPERING THE FREE FLOW OF COMMERCE BETWEEN THIS AND
14 OTHER STATES.
15 (H) PROVIDE PLANNING ASSISTANCE AND DO PLANNING WORK,
16 INCLUDING SURVEYS, LAND USE STUDIES, URBAN RENEWAL PLANS,
17 TECHNICAL SERVICES AND OTHER ELEMENTS OF COMPREHENSIVE PLANNING
18 PROGRAMS, IN AND FOR ANY COUNTIES, CITIES, BOROUGHS, TOWNSHIPS,
19 TOWNS OR REGIONS AND, FOR THIS PURPOSE, ACCEPT AND UTILIZE ANY
20 FUNDS, PERSONNEL OR OTHER ASSISTANCE MADE AVAILABLE BY THE
21 FEDERAL GOVERNMENT OR ANY OF ITS AGENCIES, OR MADE AVAILABLE
22 FROM ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND, NOTWITHSTANDING
23 THE PROVISIONS OF ANY OTHER LAW AND FOR THE PURPOSES OF
24 RECEIVING AND USING FEDERAL PLANNING GRANTS FOR PROVISION OF
25 URBAN PLANNING ASSISTANCE, SERVE AS THE OFFICIAL STATE PLANNING
26 AGENCY OF THE COMMONWEALTH AND, TO THESE ENDS, ENTER INTO
27 AGREEMENTS OR CONTRACTS REGARDING THE ACCEPTANCE OR UTILIZATION
28 OF SUCH FUNDS OR ASSISTANCE FOR ANY OF THE PURPOSES AUTHORIZED
29 BY THIS ACT.
30 (I) PROMOTE AND DEVELOP BUSINESS, INDUSTRY AND COMMERCE IN
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1 THIS COMMONWEALTH, CONDUCTING A PROGRAM OF INFORMATION,
2 ADVERTISING AND PUBLICITY RELATING TO THE BUSINESS, INDUSTRIAL,
3 COMMERCIAL, AGRICULTURAL, EDUCATIONAL, RECREATIONAL, SCENIC,
4 HISTORIC, HIGHWAY AND RESIDENTIAL FACILITIES, ADVANTAGES AND
5 ATTRACTIONS OF THIS COMMONWEALTH, INCLUDING ANY POLITICAL
6 SUBDIVISIONS THEREOF, WHICH MAY INCLUDE NEWSPAPER, MAGAZINE,
7 OUTDOOR AND RADIO ADVERTISING, BOTH WITHIN AND WITHOUT THE
8 LIMITS OF THIS COMMONWEALTH. THE DEPARTMENT SHALL ENCOURAGE AND,
9 SO FAR AS IT IS PRACTICABLE TO DO SO, COORDINATE THE ACTIVITIES
10 OF PERSONS, FIRMS, ASSOCIATIONS AND OTHER ORGANIZATIONS ENGAGED
11 IN PUBLICIZING AND PROMOTING SUCH FACILITIES, ADVANTAGES AND
12 ATTRACTIONS OF THIS COMMONWEALTH, OR ANY POLITICAL SUBDIVISION
13 THEREOF.
14 SECTION 41. SECTION 2501-C OF THE ACT, AMENDED OR ADDED
15 FEBRUARY 1, 1966 (1965 P.L.1849, NO.582), MARCH 21, 1970
16 (P.L.198, NO.78) AND JUNE 22, 1994 (P.L.351, NO.52), IS AMENDED
17 TO READ:
18 [SECTION 2501-C. POWERS AND DUTIES IN GENERAL.--THE
19 DEPARTMENT OF COMMUNITY AFFAIRS SHALL HAVE THE POWER, AND ITS
20 DUTIES SHALL BE:
21 (A) TO COORDINATE THE MANY PROGRAMS OF GRANTS AND SUBSIDIES
22 PAID TO POLITICAL SUBDIVISIONS BY VARIOUS AGENCIES OF STATE AND
23 FEDERAL GOVERNMENT.
24 (B) PROVIDE FOR A CENTRAL CLEARING HOUSE FOR INFORMATION
25 CONCERNING LOCAL GOVERNMENT PROBLEMS BETWEEN LOCAL GOVERNMENTS
26 AND THE VARIOUS STATE AGENCIES; AND TO DIRECT INQUIRIES ABOUT
27 SPECIFIC PROBLEMS OF LOCAL GOVERNMENT TO THE PROPER STATE
28 AGENCIES FOR SOLUTION.
29 (C) MAINTAIN CLOSE CONTACT WITH ALL LOCAL GOVERNMENTS TO
30 HELP THEM IMPROVE THEIR ADMINISTRATIVE METHODS AND TO FOSTER
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1 BETTER MUNICIPAL GOVERNMENT AND DEVELOPMENT.
2 (D) TO REVIEW STATE POLICY AND FEDERAL PROGRAMS WITH RESPECT
3 TO MAJOR LOCAL GOVERNMENTAL, METROPOLITAN AND AREA PROBLEMS; AND
4 TO DETERMINE THEIR IMPACT ON LOCAL UNITS OF GOVERNMENT AS THEY
5 PERTAIN TO COMMUNITY AFFAIRS.
6 (E) TO CONDUCT GENERAL RESEARCH FOR VARIOUS UNITS OF LOCAL
7 GOVERNMENT ON PROBLEMS AFFECTING COMMUNITY AFFAIRS IN THE FIELD
8 OF MUNICIPAL ADMINISTRATIVE MANAGEMENT, COMPREHENSIVE PLANNING,
9 MUNICIPAL FORMS OF GOVERNMENT, STATE-LOCAL RELATIONSHIPS, FISCAL
10 PROCEDURES AND GENERALLY TO DO ANY AND ALL THINGS NECESSARY AS
11 AN AID TO BETTER LOCAL AND AREA GOVERNMENT AND COMMUNITY
12 DEVELOPMENT; AND UPON REQUEST OF A SPECIFIC POLITICAL
13 SUBDIVISION TO CONDUCT UNDER CONTRACT MUTUALLY AGREED UPON,
14 EXTENSIVE AND CONTINUOUS RESEARCH ON GENERAL PROBLEMS OF LOCAL
15 AND URBAN GOVERNMENT AND ANALYSIS OF SPECIFIC PROBLEMS OF THE
16 POLITICAL SUBDIVISION.
17 (F) PROVIDE DIRECT CONSULTIVE SERVICES TO POLITICAL
18 SUBDIVISIONS UPON REQUESTS AND STAFF SERVICES TO SPECIAL
19 COMMISSIONS, OR THE GOVERNOR, OR THE LEGISLATURE AS DIRECTED.
20 (G) PROVIDE TECHNICAL ASSISTANCE AND RESEARCH TO POLITICAL
21 SUBDIVISIONS PARTICIPATING IN VARIOUS OPERATIONAL PROGRAMS
22 AFFECTING POLITICAL SUBDIVISIONS IN THE STATE.
23 (H) TO COORDINATE AND WHEREVER PROVIDED BY LAW TO SUPERVISE
24 OR ADMINISTER THE VARIOUS PROGRAMS OF STATE AND FEDERAL
25 ASSISTANCE AND GRANTS, INCLUDING BUT NOT LIMITED TO HOUSING,
26 REDEVELOPMENT, URBAN RENEWAL, URBAN PLANNING ASSISTANCE, PROJECT
27 70, AREA DEVELOPMENT, REVITALIZATION OF CENTRAL CITY CORES, MASS
28 TRANSPORTATION, RIVER BASIN STUDIES, PORT DEVELOPMENT, AIR AND
29 WATER POLLUTION, LAND AND SOIL CONSERVATION, ECONOMIC
30 OPPORTUNITY, AND PUBLIC WORKS AND COMMUNITY FACILITIES AND
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1 APPALACHIAN ASSISTANCE; AND TO FURNISH COMPREHENSIVE PLANNING
2 AND TECHNICAL ASSISTANCE ON ANY PROGRAM SET FORTH IN THIS
3 SUBSECTION (H).
4 (I) TO FURNISH ASSISTANCE TO POLITICAL SUBDIVISIONS IN THE
5 PREPARATION OF AND ADVICE ON ENFORCEMENT OF CODES AND
6 ORDINANCES.
7 (J) TO AID IN THE PREPARATION OF AND TO DISTRIBUTE
8 HANDBOOKS, RESEARCH, FINANCIAL AND OTHER REPORTS DERIVED FROM
9 THE ACTIVITIES OF THE DEPARTMENT.
10 (K) TO GENERALLY DO ANY AND ALL THINGS NECESSARY TO MAKE
11 THIS ACT EFFECTIVE.
12 (L) SUBJECT TO THE LIMITATIONS OF THIS ACT AND OF LAW, THE
13 SECRETARY OF COMMUNITY AFFAIRS SHALL, FROM TIME TO TIME,
14 ESTABLISH, RULES AND REGULATIONS TO BETTER CARRY THIS ACT INTO
15 EFFECT.
16 (M) TO MAKE GRANTS TO ANY TWO OR MORE COUNTIES, CITIES,
17 BOROUGHS, INCORPORATED TOWNS, TOWNSHIPS, OR ANY OTHER SIMILAR
18 GENERAL PURPOSE UNIT OF GOVERNMENT WHICH SHALL HEREAFTER BE
19 CREATED BY THE GENERAL ASSEMBLY, OR TO ANY BODY WHICH IS
20 AUTHORIZED TO ACT IN BEHALF OF TWO OR MORE UNITS OF GOVERNMENT,
21 FOR THE PURPOSE OF ASSISTING THEM IN ACTING IN CONCERT IN THE
22 PERFORMANCE OF ANY LOCAL GOVERNMENTAL FUNCTION OR FUNCTIONS, OR
23 FOR THE PURPOSE OF CONDUCTING STUDIES AND INVESTIGATIONS TO
24 DETERMINE THE FEASIBILITY AND DESIRABILITY OF ACTING IN CONCERT
25 IN THE PERFORMANCE OF LOCAL GOVERNMENTAL FUNCTIONS.
26 (N) TO MAKE DIRECT GRANTS OR PROVIDE OTHER FORMS OF
27 TECHNICAL ASSISTANCE TO VARIOUS PUBLIC SAFETY, RECREATION,
28 SENIOR CITIZEN OR OTHER COMMUNITY SERVICE ORGANIZATIONS.]
29 SECTION 2501-C. COMMUNITY DEVELOPMENT POWERS.--THE
30 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL HAVE THE
19950H1177B1543 - 79 -
1 POWER, AND ITS DUTY SHALL BE TO:
2 (A) COORDINATE THE MANY PROGRAMS OF GRANTS AND SUBSIDIES
3 PAID TO POLITICAL SUBDIVISIONS BY VARIOUS AGENCIES OF FEDERAL
4 AND STATE GOVERNMENTS.
5 (B) PROVIDE FOR A CENTRAL CLEARINGHOUSE FOR INFORMATION
6 CONCERNING LOCAL GOVERNMENT PROBLEMS BETWEEN LOCAL GOVERNMENTS
7 AND THE VARIOUS STATE AGENCIES AND DIRECT INQUIRIES ABOUT
8 SPECIFIC PROBLEMS OF LOCAL GOVERNMENT TO THE PROPER STATE
9 AGENCIES FOR SOLUTION.
10 (C) MAINTAIN CLOSE CONTACT WITH ALL LOCAL GOVERNMENTS TO
11 HELP THEM IMPROVE THEIR ADMINISTRATIVE METHODS AND FOSTER BETTER
12 MUNICIPAL GOVERNMENT AND DEVELOPMENT.
13 (D) REVIEW FEDERAL PROGRAMS AND STATE POLICY WITH RESPECT TO
14 MAJOR LOCAL GOVERNMENTAL, METROPOLITAN AND AREA PROBLEMS AND
15 DETERMINE THEIR IMPACT ON LOCAL UNITS OF GOVERNMENT AS THEY
16 PERTAIN TO COMMUNITY AFFAIRS.
17 (E) CONDUCT GENERAL RESEARCH FOR VARIOUS UNITS OF LOCAL
18 GOVERNMENT ON PROBLEMS AFFECTING MUNICIPAL ADMINISTRATIVE
19 MANAGEMENT, COMPREHENSIVE PLANNING, MUNICIPAL FORMS OF
20 GOVERNMENT, STATE-LOCAL RELATIONSHIPS, FISCAL PROCEDURES AND
21 GENERALLY DO ANY AND ALL THINGS NECESSARY AS AN AID TO BETTER
22 LOCAL AND AREA GOVERNMENT AND COMMUNITY DEVELOPMENT AND, UPON
23 REQUEST OF A SPECIFIC POLITICAL SUBDIVISION, CONDUCT UNDER
24 CONTRACT MUTUALLY AGREED UPON, EXTENSIVE AND CONTINUOUS RESEARCH
25 ON GENERAL PROBLEMS OF LOCAL AND URBAN GOVERNMENT AND ANALYSIS
26 OF SPECIFIC PROBLEMS OF THE POLITICAL SUBDIVISION.
27 (F) PROVIDE DIRECT CONSULTIVE SERVICES TO POLITICAL
28 SUBDIVISIONS UPON REQUEST AND PROVIDE STAFF SERVICES TO SPECIAL
29 COMMISSIONS OR THE GOVERNOR OR THE GENERAL ASSEMBLY AS DIRECTED.
30 (G) PROVIDE TECHNICAL ASSISTANCE AND RESEARCH TO POLITICAL
19950H1177B1543 - 80 -
1 SUBDIVISIONS PARTICIPATING IN VARIOUS OPERATIONAL PROGRAMS
2 AFFECTING POLITICAL SUBDIVISIONS IN THIS COMMONWEALTH.
3 (H) MAKE GRANTS TO ANY TWO OR MORE COUNTIES, CITIES,
4 BOROUGHS, INCORPORATED TOWNS, TOWNSHIPS OR ANY OTHER SIMILAR
5 GENERAL PURPOSE UNIT OF GOVERNMENT WHICH SHALL HEREAFTER BE
6 CREATED BY THE GENERAL ASSEMBLY, OR TO ANY BODY WHICH IS
7 AUTHORIZED TO ACT IN BEHALF OF TWO OR MORE UNITS OF GOVERNMENT,
8 PERFORMANCE OF ANY LOCAL GOVERNMENTAL FUNCTION OR FUNCTIONS, FOR
9 DETERMINING THE FEASIBILITY AND DESIRABILITY OF ACTING IN
10 CONCERT IN THE PERFORMANCE OF LOCAL GOVERNMENTAL FUNCTIONS.
11 (I) MAKE DIRECT GRANTS OR PROVIDE OTHER FORMS OF TECHNICAL
12 ASSISTANCE TO VARIOUS PUBLIC SAFETY, RECREATION, SENIOR CITIZEN
13 OR OTHER COMMUNITY SERVICE ORGANIZATIONS.
14 SECTION 42. SECTIONS 2803-C, 2804-C, 2805-C, 2806-C, 2807-C,
15 2808-C, 2809-C, 2810-C, 2811-C, 2812-C AND 2813-C OF THE ACT ARE
16 REPEALED.
17 SECTION 43. ALL PERSONNEL, ALLOCATIONS, APPROPRIATIONS,
18 EQUIPMENT, FILES, RECORDS, CONTRACTS, AGREEMENTS, OBLIGATIONS
19 AND OTHER MATERIAL WHICH ARE USED, EMPLOYED OR EXPENDED IN
20 CONNECTION WITH THE POWERS, DUTIES OR FUNCTIONS OF THE
21 DEPARTMENT OF HEALTH AND THE DEPARTMENT OF PUBLIC WELFARE ARE
22 HEREBY TRANSFERRED TO THE DEPARTMENT OF HEALTH AND HUMAN
23 SERVICES ESTABLISHED BY THIS ACT WITH THE SAME FORCE AND EFFECT
24 AS IF THE APPROPRIATIONS HAD BEEN MADE TO AND THE ITEMS HAD BEEN
25 THE PROPERTY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN
26 THE FIRST INSTANCE AND AS IF THE CONTRACTS, AGREEMENTS AND
27 OBLIGATIONS HAD BEEN INCURRED OR ENTERED INTO BY THE DEPARTMENT
28 OF HEALTH AND HUMAN SERVICES. THE PERSONNEL, APPROPRIATIONS,
29 EQUIPMENT AND OTHER ITEMS AND MATERIAL TRANSFERRED BY THIS
30 SECTION SHALL INCLUDE FEDERAL GRANTS AND FUNDS AND OTHER
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1 BENEFITS FROM ANY FEDERAL PROGRAM. ALL PERSONNEL TRANSFERRED
2 UNDER THIS ACT SHALL RETAIN ANY CIVIL SERVICE EMPLOYMENT STATUS
3 ASSIGNED TO THE PERSONNEL.
4 SECTION 44. THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
5 SHALL ADMINISTER THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN
6 AS THE PUBLIC WELFARE CODE. WHENEVER IN THAT ACT REFERENCE IS
7 MADE TO THE DEPARTMENT OF PUBLIC WELFARE OR THE SECRETARY OF
8 PUBLIC WELFARE, SUCH REFERENCE SHALL BE DEEMED TO BE A REFERENCE
9 TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE SECRETARY
10 OF HEALTH AND HUMAN SERVICES, RESPECTIVELY.
11 SECTION 45. WHENEVER IN ANY ACT REFERENCE IS MADE TO THE
12 DEPARTMENT OF HEALTH OR THE SECRETARY OF HEALTH, SUCH REFERENCE
13 SHALL BE DEEMED TO BE A REFERENCE TO THE DEPARTMENT OF HEALTH
14 AND HUMAN SERVICES OR THE SECRETARY OF HEALTH AND HUMAN
15 SERVICES, RESPECTIVELY.
16 SECTION 46. WHENEVER IN ANY ACT REFERENCE IS MADE TO THE
17 DEPARTMENT OF PUBLIC WELFARE OR THE SECRETARY OF PUBLIC WELFARE,
18 SUCH REFERENCE SHALL BE DEEMED TO BE A REFERENCE TO THE
19 DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE SECRETARY OF
20 HEALTH AND HUMAN SERVICES, RESPECTIVELY.
21 SECTION 47. THERE ARE HEREBY TRANSFERRED TO THE DEPARTMENT
22 OF COMMUNITY AND ECONOMIC DEVELOPMENT ALL OF THE FUNCTIONS,
23 POWERS AND DUTIES OF:
24 (1) THE DEPARTMENT OF COMMERCE.
25 (2) THE DEPARTMENT OF COMMUNITY AFFAIRS.
26 SECTION 48. (A) ALL PERSONNEL, ALLOCATIONS, APPROPRIATIONS,
27 EQUIPMENT, FILES, RECORDS, CONTRACTS, AGREEMENTS, OBLIGATIONS
28 AND OTHER MATERIALS WHICH ARE USED, EMPLOYED OR EXPENDED IN
29 CONNECTION WITH THE POWERS, DUTIES OR FUNCTIONS TRANSFERRED BY
30 THIS ACT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
19950H1177B1543 - 82 -
1 ARE HEREBY TRANSFERRED WITH THE SAME FORCE AND EFFECT AS IF THE
2 APPROPRIATIONS HAVE BEEN MADE TO AND SAID ITEMS HAD BEEN THE
3 PROPERTY OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
4 IN THE FIRST INSTANCE AND AS IF SAID CONTRACTS, AGREEMENTS AND
5 OBLIGATIONS HAD BEEN INCURRED OR ENTERED INTO BY SAID DEPARTMENT
6 OF COMMUNITY AND ECONOMIC DEVELOPMENT.
7 (B) THE PERSONNEL, APPROPRIATIONS, EQUIPMENT AND OTHER ITEMS
8 AND MATERIAL TRANSFERRED BY THIS SECTION SHALL INCLUDE AN
9 APPROPRIATE PORTION OF THE GENERAL ADMINISTRATIVE, OVERHEAD AND
10 SUPPORTING PERSONNEL, APPROPRIATIONS, EQUIPMENT AND OTHER
11 MATERIAL OF THE AGENCY AND SHALL ALSO INCLUDE, WHERE APPLICABLE,
12 FEDERAL GRANTS AND FUNDS AND OTHER BENEFITS FROM ANY FEDERAL
13 PROGRAM.
14 SECTION 49. ANY POSITIONS TRANSFERRED TO THE DEPARTMENT OF
15 COMMUNITY AND ECONOMIC DEVELOPMENT WHICH ARE INCLUDED IN THE
16 LIST OF POSITIONS SET FORTH IN SECTION 3(D) OF THE ACT OF AUGUST
17 5, 1941 (P.L.752, NO.286), KNOWN AS THE CIVIL SERVICE ACT, SHALL
18 BE DEEMED TO RETAIN THEIR STATUS AND THE PROVISIONS AND BENEFITS
19 OF THAT ACT SHALL BE APPLICABLE TO THE EMPLOYEES OF, AND
20 POSITIONS IN, THE DEPARTMENT.
21 SECTION 50. ALL ORDERS, PERMITS, REGULATIONS, DECISIONS AND
22 OTHER ACTIONS OF ANY DEPARTMENT, BOARD OR COMMISSION ABOLISHED
23 BY THIS ACT OR OF ANY AGENCY WHOSE FUNCTIONS HAVE BEEN
24 TRANSFERRED BY THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT
25 UNTIL MODIFIED, REPEALED, SUSPENDED, SUPERSEDED OR OTHERWISE
26 CHANGED BY APPROPRIATE ACTION OF THE AGENCY ASSUMING THE
27 APPLICABLE POWERS AND DUTIES PURSUANT TO THIS ACT.
28 SECTION 51. WHENEVER THE SECRETARY OF COMMERCE OR THE
29 SECRETARY OF COMMUNITY AFFAIRS SHALL BE ENTITLED BY LAW TO SERVE
30 ON A BOARD, COMMISSION OR OTHER BODY, THE SECRETARY OF COMMUNITY
19950H1177B1543 - 83 -
1 AND ECONOMIC DEVELOPMENT SHALL SERVE IN HIS PLACE AS IF THE
2 SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT HAD BEEN
3 DESIGNATED TO SERVE IN THE FIRST INSTANCE.
4 SECTION 52. THE DEPARTMENT OF COMMUNITY AND ECONOMIC
5 DEVELOPMENT SHALL, SUBJECT TO ANY INCONSISTENT PROVISION
6 CONTAINED IN THIS ACT, CONTINUE TO EXERCISE THE POWERS AND
7 PERFORM THE DUTIES BY LAW HERETOFORE VESTED AND IMPOSED UPON THE
8 DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF COMMUNITY AFFAIRS.
9 SECTION 53. (A) WHENEVER IN ANY LAW, REFERENCE IS MADE TO
10 THE DEPARTMENT OF COMMERCE, SUCH REFERENCE SHALL BE DEEMED TO
11 REFER TO AND INCLUDE THE DEPARTMENT OF COMMUNITY AND ECONOMIC
12 DEVELOPMENT.
13 (B) WHENEVER IN ANY LAW, REFERENCE IS MADE TO THE SECRETARY
14 OF COMMERCE, SUCH REFERENCE SHALL BE DEEMED TO REFER TO THE
15 SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT.
16 (C) WHENEVER IN ANY LAW, REFERENCE IS MADE TO THE DEPARTMENT
17 OF COMMUNITY AFFAIRS, SUCH REFERENCE SHALL BE DEEMED TO REFER TO
18 AND INCLUDE THE DEPARTMENT OF COMMUNITY AND ECONOMIC
19 DEVELOPMENT.
20 (D) WHENEVER IN ANY LAW, REFERENCE IS MADE TO THE SECRETARY
21 OF COMMUNITY AFFAIRS, SUCH REFERENCE SHALL BE DEEMED TO REFER TO
22 THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT.
23 SECTION 54. THE AUTHORITY TO OVERSEE THE RETIREMENT OF THE
24 BONDS ISSUED BY THE PENNSYLVANIA ENERGY DEVELOPMENT AUTHORITY
25 PURSUANT TO SECTION 2806-C OF THE ACT SHALL BE TRANSFERRED TO
26 THE PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING AUTHORITY
27 ESTABLISHED BY THE ACT OF AUGUST 23, 1967 (P.L.251, NO.102),
28 KNOWN AS THE INDUSTRIAL AND COMMERCIAL DEVELOPMENT AUTHORITY
29 LAW. THE PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING AUTHORITY
30 SHALL RETIRE, AS SOON AS THE GOVERNOR'S BUDGET OFFICE CERTIFIES
19950H1177B1543 - 84 -
1 THAT FUNDS TO DO SO ARE AVAILABLE, THE EXISTING PRINCIPAL DEBT
2 OUTSTANDING ON PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING
3 AUTHORITY BONDS.
4 SECTION 55. (A) THE ACT OF APRIL 27, 1905 (P.L.312,
5 NO.218), ENTITLED "AN ACT CREATING A DEPARTMENT OF HEALTH, AND
6 DEFINING ITS POWERS AND DUTIES," IS REPEALED.
7 (B) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
8 THEY ARE INCONSISTENT WITH THIS ACT.
9 SECTION 56. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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