PRINTER'S NO. 1100
No. 992 Session of 1979
INTRODUCED BY ARTY, ZORD, DURHAM, EARLEY, GANNON, FREIND,
F. J. LYNCH, PYLES, PETERSON, M. R. CLARK, TELEK, MICOZZIE,
ROCKS, GLADECK, BOWSER, ALDEN, DAVIES, SPITZ, McKELVEY AND
KLINGAMAN, APRIL 23, 1979
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 23, 1979
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," transferring powers and
21 duties relating to mental health and mental retardation from
22 the Department of Public Welfare to the Department of Health.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
26 as "The Administrative Code of 1929," is amended by adding a
27 section to read:
1 Section 2117. Mental Health and Mental Retardation.--The
2 Department of Health shall have the power, and its duty shall
3 be, to administer the laws relating to mental health and mental
4 retardation, including but not limited to this act and the
5 following acts:
6 (1) The act of October 20, 1966 (3rd Sp.Sess., P.L.96,
7 No.6), known as the "Mental Health and Mental Retardation Act of
8 1966."
9 (2) The act of June 13, 1967 (P.L.31, No.21), known as the
10 "Public Welfare Code."
11 (3) The act of July 9, 1976 (P.L.817, No.143), known as the
12 "Mental Health Procedures Act."
13 Section 2. (a) All personnel, equipment, files, obligations
14 and records of the Department of Public Welfare employed in the
15 performance of the powers and duties relating to mental health
16 and mental retardation are hereby transferred to the Department
17 of Health; and, the balances of any appropriations for the
18 payment of salaries and other expenses in connection therewith
19 are hereby appropriated to the Department of Health for the same
20 purpose as expressed in the act making them.
21 (b) All personnel transferred to this act shall retain any
22 civil service employment status assigned to said personnel.
23 (c) All orders, permits, regulations, decisions and other
24 actions of the Department of Public Welfare or any agency whose
25 functions have been transferred by this act shall remain in full
26 force and effect until modified, repealed, suspended, superseded
27 or otherwise changed by appropriate action of the Department of
28 Health.
29 Section 3. This act shall take effect in 60 days.
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