PRINTER'S NO. 2786
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1981
Session of
2019
INTRODUCED BY WENTLING, MATZIE, SCHMITT, MILLARD, KULIK, BROOKS,
KINSEY, FREEMAN, YOUNGBLOOD, MERSKI, CAUSER, BERNSTINE,
CALTAGIRONE AND SCHWEYER, OCTOBER 25, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 25, 2019
AN ACT
Amending Title 37 (Historical and Museums) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for Pennsylvania Historical and Museum Commission;
in powers and duties of Pennsylvania Historical and Museum
Commission, providing for volunteer program; and making
related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 104 of Title 37 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 104. Pennsylvania Historical and Museum Commission.
* * *
(e.1) Compensation.--The members of the commission shall not
be entitled to compensation for their services as members of the
commission.
* * *
Section 2. Title 37 is amended by adding a section to read:
§ 308. Volunteer program.
(a) Establishment.--The commission may recruit, train and
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accept, without regard to the civil service classification laws,
rules or regulations, the services of individuals without
compensation as volunteers for or in aid of interpretive
functions, visitor services, conservation measures and
development or other activities in and related to all
Commonwealth programs administered by the commission.
(b) Incidental expenses.--The commission may provide for
incidental expenses, including transportation, uniforms, lodging
and subsistence, incurred by volunteers in the course of their
service as volunteers.
(c) Employment status.--
(1) Except as otherwise provided in this section, a
volunteer shall not be deemed to be a Commonwealth employee
and shall not be subject to the provisions of law relating to
Commonwealth employment, including those relating to hours of
work, rates of compensation, leave, unemployment compensation
and Commonwealth employee benefits.
(2) Volunteers performing work under the terms of this
section shall be authorized to operate Commonwealth vehicles
and shall be treated for the purposes of automotive and
general liability as employees of the Commonwealth.
(3) For the purpose of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, relating to
compensation to employees for work injuries, volunteers under
the provisions of this section shall be deemed employees of
the Commonwealth within the meaning of the term "employe" as
defined in section 104 of the Workers' Compensation Act, and
the provisions of that act shall apply.
(4) No volunteer shall be assigned to any position
filled in the commission as of July 11, 1996.
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(d) Powers.--The commission shall have the power and the
authority to do all things necessary and expedient to establish
and operate a volunteer program and to promulgate rules and
regulations under this section.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of 37
Pa.C.S. § 104(e.1).
(2) Section 210(b) of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is
repealed to the extent it applies to the Pennsylvania
Historical and Museum Commission.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the addition of 37
Pa.C.S. § 308.
(4) Section 304.1 of The Administrative Code of 1929 is
repealed. The following apply:
(i) Except as otherwise provided in 37 Pa.C.S. §
308, all activities initiated under section 304.1 of The
Administrative Code of 1929 shall continue and remain in
full force and effect and may be completed under 37
Pa.C.S. § 308. Orders, regulations, rules and decisions
which were made under section 304.1 of The Administrative
Code of 1929 and which are in effect on the effective
date of this paragraph shall remain in full force and
effect until revoked, vacated or modified under 37
Pa.C.S. § 308. Contracts, obligations and collective
bargaining agreements entered into under section 304.1 of
The Administrative Code of 1929 are not affected nor
impaired by the repeal of the section 304.1 of The
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Administrative Code of 1929.
(ii) Any difference in language between 37 Pa.C.S. §
308 and section 304.1 of The Administrative Code of 1929
is intended only to conform to the style of the
Pennsylvania Consolidated Statutes and is not intended to
change or affect the legislative intent, judicial
construction or administration and implementation of
section 304.1 of The Administrative Code of 1929.
Section 4. This act shall take effect in 60 days.
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