PRINTER'S NO. 1566
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1441
Session of
2021
INTRODUCED BY STURLA, T. DAVIS, KENYATTA, WEBSTER AND SCHWEYER,
MAY 20, 2021
REFERRED TO COMMITTEE ON HEALTH, MAY 20, 2021
AN ACT
Amending the act of August 24, 1951 (P.L.1304, No.315), entitled
"An act to improve local health administration throughout the
Commonwealth by authorizing the creation, establishment and
administration of single-county or joint-county departments
of health in all counties; exempting certain municipalities
from the jurisdiction of single-county or joint-county
departments of health; permitting the dissolution of
departments or boards of health in certain municipalities;
authorizing State grants to counties which establish
departments of health and to certain municipalities if they
meet prescribed requirements; conferring powers and duties
upon the State Department of Health in connection with the
creation, establishment and administration of single-county
or joint-county departments of health and administration of
the health laws in parts of certain municipalities not
subject to the jurisdiction of single-county or joint-county
departments of health, and the administration of State
grants; and repealing an act which confers health powers upon
counties of the first class," further providing for
authorization of county departments of health and for
dissolution of and withdrawal from county departments of
health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5 and 5.1 of the act of August 24, 1951
(P.L.1304, No.315), known as the Local Health Administration
Law, are amended to read:
Section 5. Authorization of County Departments of Health.--
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(a) In all counties, except counties of the first class,
single-county departments of health or joint-county departments
of health [may] shall be authorized by resolution [or by
referendum, or by a combination of these methods,] as provided
in this section. In the authorization of joint-county
departments of health, each of the participating counties shall
be adjacent to at least one of the other participating counties.
[Whether] When a county department of health is authorized by
resolution [or by referendum or by a combination of these
methods], the county commissioners shall, before enacting a
resolution [or before submitting the question at an election],
request a certificate of approval from the State Secretary of
Health, who shall issue such a certificate forthwith if the
proposed county department of health conforms to the county
health administration plan as last revised. If the proposed
county department of health does not conform to the county
health administration plan as last revised, the State Secretary
of Health shall make a special investigation in accordance with
the criteria stated in section 4 of this act and, on the basis
of the special investigation he shall approve or disapprove the
establishment of the proposed county department of health. He
shall send a certificate of approval or written notice of
disapproval to the county commissioners within thirty (30) days
after he has received the request for a certificate of approval.
(b) The following shall apply:
(1) Except as provided under paragraph (2), the county
commissioners of any county [may] shall, by resolution,
authorize the establishment of a single-county department of
health.
(2) The county commissioners of two or more counties may, by
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a separate resolution in each county, authorize the
establishment of a joint-county department of health.
(3) In either case, the approval of the State Secretary of
Health shall be first obtained as provided in subsection (a) of
this section.
[(c) Any county may, by referendum, authorize the
establishment of a single-county department of health. Two or
more counties may, by a separate referendum in each county,
authorize the establishment of a joint-county department of
health. The referendum procedure in each county shall be as
follows:
A petition requesting the establishment of a single-county
department of health or joint-county department of health shall
be signed by qualified electors of the county equal in number to
at least one per cent (1%) of the highest total vote cast for
any county office at the last municipal election. The petition
shall be in the form required for nomination petitions by the
election laws of the Commonwealth, except that the petition
shall be circulated for not more than six (6) months prior to
the last filing day, which shall be ninety (90) days before the
general or municipal election at which it is desired to submit
the question. The petition shall be filed with the county board
of elections, and the validity of the petition and any
objections thereto shall be determined in accordance with the
election laws of the Commonwealth.
After the validity of the petitions in all the counties
affected has been determined, the county commissioners shall
request a certificate of approval from the State Secretary of
Health. If the approval of the State Secretary of Health is
obtained as provided in subsection (a) of this section, the
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county commissioners shall cause the question to be submitted at
the next general or municipal election, whichever is sooner, so
long as such election is to occur at least thirty (30) days
after the receipt of a certificate of approval. The question
shall be submitted on the ballot or on voting machines in the
manner provided by the election laws of the Commonwealth, and
shall be in substantially the following forms:
(1) For the establishment of a single-county
department of health: Shall .......
County establish a county department of
health?
Yes.......
No........
(2) For the establishment of a joint-county
department of health: Shall .........
County join with ......... County
(Counties) in the establishment of a
joint-county department of health?
Yes.......
No........
The election on this question shall be governed in all
respects by the election laws of the Commonwealth insofar as
they are applicable. For the establishment of a single-county
department of health or joint-county department of health, a
majority of all votes cast in each county upon the question must
be in favor thereof.
Nothing in this subsection shall be construed to preclude the
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county commissioners at any time from authorizing the
establishment of a single-county department of health, or from
joining in the establishment of a joint-county department of
health, by resolution in accordance with subsections (b) and (d)
of this section.
(d) Two or more counties may authorize the establishment of
a joint-county department of health by a combination of the
methods provided in subsections (b) and (c) of this section;
that is, one or more of such counties may join in the
establishment of a joint-county department of health by
resolution, and the remaining counties may join in the
establishment of a joint-county department of health by
referendum in accordance with the provisions of subsection (c)
of this section.]
(e) Immediately upon the authorization of the establishment
of a single-county department of health or joint-county
department of health, the county commissioners shall give
written notice thereof to the State Secretary of Health. In the
case of a joint-county department of health, the notice may be
given by the county commissioners of any participating county.
[Section 5.1. Dissolution of and Withdrawal From County
Departments of Health.--
(a) A single-county department of health may be dissolved by
a referendum conducted in accordance with the procedure set
forth in subsection (c) hereof or by a majority vote of the
governing body.
(b) Any county that is a member of a joint-county department
of health may withdraw from the department by conducting a
referendum conducted in accordance with the procedure set forth
in subsection (c) hereof or by a majority vote of the governing
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body.
(c) A petition requesting the dissolution or withdrawal
shall be signed by qualified electors of the county equal in
number to at least ten per centum (10%) of the highest total
vote cast for any county office at the last municipal election.
The petition shall be in the form required for nomination
petitions by the election laws of the Commonwealth, except that
the said petition shall be circulated no earlier than five years
following the date of establishment of the county health
department or joint-county health department nor earlier than
five years following another referendum on the same question,
and shall be circulated for not more than six (6) months prior
to the last filing day which shall be ninety (90) days before
the general or municipal election at which it is desired to
submit the question. The petition shall be filed with the county
board of elections and the validity of the petition and any
objections thereto shall be determined in accordance with the
election laws of the Commonwealth.
After the validity of the petitions in all the counties
affected has been determined, the county commissioners shall
cause the question to be submitted at the next general or
municipal election, whichever is sooner, so long as such
election is to occur at least thirty (30) days after the
validity has been determined. The question shall be submitted on
the ballot or on voting machines in the manner provided by the
election laws of the Commonwealth and shall be in substantially
the following forms:
(1) For the continuance or dissolution of a single-county
department of health--
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Shall ............................County
continue its county department of health?
Yes...................................
No....................................
(2) For the continuance in or withdrawal from a joint-county
department of health--
Shall ...........................County
continue to be a member of the joint-county
department of health?
Yes...................................
No....................................
The election on this question shall be governed in all
respects by the election laws of the Commonwealth insofar as
they are applicable. For the dissolution of a single-county
department of health or withdrawal from a joint-county
department of health, a majority of all votes cast in each
county upon the question must be against the continuance of the
department or against the continuance of membership in the
department, as the case may be.
(d) When in the case of a single-county department the
voters elect to dissolve the department, or in the case of a
joint-county department the voters elect to withdraw, no new
department of health may be established by resolution nor may
the commissioners resolve to join with another county or other
counties to establish a joint department within five years of
the dissolution.]
Section 2. This act shall take effect in 60 days.
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