Bill Text: PA SB379 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing the Department of Drug and Alcohol Programs; making repeals; and making editorial changes.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2009-02-20 - Referred to STATE GOVERNMENT [SB379 Detail]

Download: Pennsylvania-2009-SB379-Introduced.html

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PRINTER'S NO. 377
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 379 Session of2009
INTRODUCED BY BROWNE, HUGHES, WASHINGTON, LOGAN, STOUT, COSTA AND YAW, FEBRUARY 20, 2009
REFERRED TO STATE GOVERNMENT, FEBRUARY 20, 2009
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," establishing the Department
of Drug and Alcohol Programs; making repeals; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, amended
December 30, 1984 (P.L.1299, No.245) and repealed in part May
26, 1988 (P.L.414, No.72), is amended to read:
Section 201. Executive Officers, Administrative Departments
and Independent Administrative Boards and Commissions.--(a) The
executive and administrative work of this Commonwealth shall be
performed by the Executive Department, consisting of the
Governor, Lieutenant Governor, Secretary of the Commonwealth,
Attorney General, Auditor General, State Treasurer, and
Secretary of Education; by the Executive Board, and the
Pennsylvania State Police; by the following administrative
departments: Department of State, Office of Attorney General,
Department of Corrections, Department of the Auditor General,
Treasury Department, Department of Education, Department of
Military and Veterans Affairs, Insurance Department, Department
of Banking, Department of Agriculture, Department of
Transportation, Department of Health, Department of Drug and
Alcohol Programs, Department of Labor and Industry, Department
of Aging, Department of Public Welfare, Department of General
Services, Department of Revenue, [Department of Commerce,
Department of Community Affairs and Department of Environmental
Resources] Department of Community and Economic Development,
Department of Environmental Protection and Department of
Conservation and Natural Resources; and by the following
independent administrative boards and commissions: Pennsylvania
Game Commission, Pennsylvania Fish and Boat Commission, State
Civil Service Commission, Pennsylvania Public Utility Commission
and the Pennsylvania Securities Commission.
(b) All of the provisions of this act, which apply generally
to administrative departments, or generally except to the
Department of the Auditor General, the Treasury Department and
the Office of Attorney General, shall apply to the Executive
Board and to the Pennsylvania State Police.
20090SB0379PN0377 - 2 -
Section 2. Section 202 of the act is amended by adding,
before the last paragraph, a clause to read:
Section 202. Departmental Administrative Boards,
Commissions, and Offices.--The following boards, commissions,
and offices are hereby placed and made departmental
administrative boards, commissions, or offices, as the case may
be, in the respective administrative departments mentioned in
the preceding section, as follows:
* * *
In the Department of Drug and Alcohol Programs,
Bureau of Prevention and Intervention,
Bureau of Treatment,
Bureau of Administration.
All of the foregoing departmental administrative boards and
commissions shall be organized or reorganized as provided in
this act.
Section 3. Section 203 of the act, amended December 3, 1970
(P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978
(P.L.477, No.70), December 6, 1982 (P.L.774, No.223) and June
30, 1988 (P.L.475, No.80) and repealed in part April 29, 1988
(P.L.381, No.60), July 2, 1993 (P.L.439, No.64) and June 22,
1999 (P.L.99, No.15), is amended to read:
Section 203. Advisory Boards and Commissions.--The following
advisory boards and commissions are placed in and made parts of
the respective administrative departments, as follows:
In the Department of Military and Veterans Affairs,
State Military Reservation Commission,
In the Department of Environmental [Resources] Protection,
Citizens Advisory Council;
In the Department of Health,
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Advisory Health Board;
In the Department of Labor and Industry,
Advisory Council on Affairs of the Handicapped,
Advisory Board on Problems of Older Workers,
Policy, Planning and Evaluation Advisory Committee;
In the Department of Public Welfare,
State Board of Public Welfare,
Advisory Committee for the Blind,
Advisory Committee for General and Special Hospitals,
Advisory Committee for Children and Youth,
Advisory Committee for Public Assistance,
Advisory Committee for Mental Health and Mental
Retardation.
Section 4. Section 206 of the act, amended December 30, 1984
(P.L.1299, No.245), is amended to read:
Section 206. Department Heads.--Each administrative
department shall have as its head an officer who shall, either
personally, by deputy, or by the duly authorized agent or
employe of the department, and subject at all times to the
provisions of this act, exercise the powers and perform the
duties by law vested in and imposed upon the department.
The following officers shall be the heads of the
administrative departments following their respective titles:
Secretary of the Commonwealth, of the Department of State;
Auditor General, of the Department of the Auditor General;
State Treasurer, of the Treasury Department;
Attorney General, of the Office of Attorney General;
Secretary of Education, of the Department of Education;
Adjutant General, of the Department of Military and
Veterans Affairs;
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Insurance Commissioner, of the Insurance Department;
Secretary of Banking, of the Department of Banking;
Secretary of Agriculture, of the Department of Agriculture;
Secretary of Transportation, of the Department of
Transportation;
Secretary of Health, of the Department of Health;
Secretary of Drug and Alcohol Programs, of the
Department of Drug and Alcohol Programs;
Secretary of Labor and Industry, of the Department of Labor
and Industry;
Secretary of Aging, of the Department of Aging;
Secretary of Public Welfare, of the Department of Public
Welfare;
Secretary of Revenue, of the Department of Revenue;
[Secretary of Commerce, of the Department of Commerce;
Secretary of Community Affairs, of the Department of
Community Affairs;
Secretary of Environmental Resources, of the Department of
Environmental Resources;]
Secretary of Community and Economic Development, of the
Department of Community and Economic Development;
Secretary of Environmental Protection, of the Department of
Environmental Protection;
Secretary of Conservation and Natural Resources, of the
Department of Conservation and Natural Resources;
Secretary of General Services, of the Department of General
Services;
Secretary of Corrections, of the Department of Corrections.
Section 5. Section 207.1(d)(1) of the act, amended December
30, 2002 (P.L.2075, No.231), is amended to read:
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Section 207.1. Gubernatorial Appointments.--* * *
(d) The Governor shall nominate in accordance with the
provisions of the Constitution of the Commonwealth of
Pennsylvania and, by and with the advice and consent of a
majority of the members elected to the Senate appoint persons to
fill the following positions:
(1) The Secretary of Education, the Secretary of the
Commonwealth, the Adjutant General, the Insurance Commissioner,
the Secretary of Banking, the Secretary of Agriculture, the
Secretary of Transportation, the Secretary of Health, the
Secretary of Drug and Alcohol Programs, the Commissioner of the
State Police, the Secretary of Corrections, the Secretary of
Labor and Industry, the Secretary of Aging, the Secretary of
Public Welfare, the Secretary of General Services, the Secretary
of Revenue, the Secretary of Community and Economic Development,
the Secretary of Environmental Protection and the Secretary of
Conservation and Natural Resources.
* * *
Section 6. Section 451(b) of the act, amended July 7, 1989
(P.L.241, No.42), is amended to read:
Section 451. State Planning Board.--* * *
(b) (1) The State Planning Board shall consist of fifteen
members to be appointed by the Governor from among the citizens
of the State, who during their terms shall hold no other office
in the executive branch of State Government to which any salary
is attached. In addition to these members, there shall be six ex
officio members, the Secretary of Agriculture, the [Secretary of
Commerce, the Secretary of Community Affairs, the Secretary of
Environmental Resources] Secretary of Community and Economic
Development, the Secretary of Environmental Protection, the
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Secretary of Conservation and Natural Resources, the Secretary
of Public Welfare and the Secretary of Transportation. There
shall also be two members appointed by, and serve at the
pleasure of, the President pro tempore of the Senate, neither of
whom shall be members of the same political party, and two
members appointed by, and serve at the pleasure of, the Speaker
of the House of Representatives, neither of whom shall be
members of the same political party. The terms of office of
those members appointed by the Governor shall be for four years
and until their successors are appointed and have qualified. In
case of a vacancy, the Governor shall make an appointment for
the unexpired portion of the term. The Governor shall designate
the chairman and vice-chairman of the board from among the
members of the board, other than the ex officio and legislative
members.
(2) Thirteen members of the board shall constitute a quorum.
(3) The members of the board shall serve without
compensation but shall be entitled to receive traveling and
other reasonable expenses incurred in the discharge of their
duties.
(4) The board may, with the approval of the Governor,
appoint and fix the compensation of an executive director who
shall be technically qualified for the duties of the office and
who shall act as secretary of the board and conduct the work of
the board under its supervision.
* * *
Section 7. Section 1209 introductory paragraph and (b) of
the act, amended February 1, 1966 (1965 P.L.1849, No.582), are
amended to read:
Section 1209. Local Government Budget and Financial Reports;
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Compilation of Statistics.--The Department of Community
[Affairs] and Economic Development shall have power and its duty
shall be:
* * *
(b) To furnish to the corporate authorities of each county
(except counties of the first class), city of the third class,
borough, incorporated town, township suitable blank forms for
the making of annual reports of the financial condition of their
respective local governments to the department, which forms for
financial report purposes shall be placed by said corporate
authorities into the hands of the director, controller or
auditors who by law are required to make such financial reports
to the department. Such annual financial reports shall be
prepared in cooperation with aforesaid duly authorized
committees of local government officials and shall contain: (1)
a statement of the receipts of the unit of local government from
all sources and of all accounts and revenue which may be due and
uncollected at the close of the fiscal year; (2) a statement of
the disbursements for all the governmental activities of the
unit of local government during the fiscal year; (3) a detailed
statement of the indebtedness of the unit of local government at
the close of the fiscal year, the provisions made for the
payment thereof, together with the purposes for which it was
incurred; (4) a statement of the cost of ownership and operation
of each and every public service industry owned, maintained or
operated by the unit of local government; (5) such further or
more specific information in relation to the cost of any branch
of the local government and improvements therein as may be
required by the department.
In the case of blank forms for financial reports by townships
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of the second class and counties, the same shall be so arranged
that corresponding data and information, required to be reported
by said units of local government to the Department of
[Highways] Transportation or the Department of Public Welfare,
may be used for the information required to be furnished to the
Department of Community [Affairs] and Economic Development under
this section.
* * *
Section 8. Section 2203-A(a)(11) and (26) of the act,
amended December 15, 1988 (P.L.1244, No.153), are amended to
read:
Section 2203-A. Powers and Duties in General.-(a) The
Department of Aging hereinafter referred to in this article as
the department shall, subject to any inconsistent provisions in
this act contained, have the power and its duty shall be to:
* * *
(11) Promote and support programs, studies and policies, in
cooperation with the Departments of Labor and Industry,
Education, [Commerce] Community and Economic Development, Public
Welfare and other agencies, which will enhance the opportunity
for continued work, education and training for older persons and
for preretirement assistance where appropriate.
* * *
(26) Review and comment on all rules, regulations,
eligibility or payment standards issued by the Departments of
Public Welfare, Environmental [Resources] Protection, Health or
Labor and Industry relating to the licensure and regulation of
nursing homes, hospitals, and other health facilities; medical
assistance, supplemental security income; homemaking and home-
health care or residential care facilities for older adults Said
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rules, regulations and standards shall not take effect until
they have been submitted to the department for comment.
* * *
Section 9. The act is amended by adding an article to read:
ARTICLE XXIII-A
POWERS AND DUTIES OF THE DEPARTMENT OF DRUG
AND ALCOHOL PROGRAMS
Section 2301-A. Powers and duties.--The Department of Drug
and Alcohol Programs shall have the power, and its duty shall
be:
(1) To develop and adopt a State plan for the control,
prevention, intervention, treatment, rehabilitation,
research, education, and training aspects of drug and alcohol
abuse and dependence problems. The State plan shall include,
but not be limited to, provision for:
(i) Coordination of the efforts of all State
agencies in the control, prevention, intervention,
treatment, rehabilitation, research, education and
training aspects of drug and alcohol abuse and dependence
problems so as to avoid duplications and inconsistencies
in the efforts of the agencies.
(ii) Coordination of all health and rehabilitation
efforts to deal with the problem of drug and alcohol
abuse and dependence, including, but not limited to,
those relating to vocational rehabilitation, manpower
development and training, senior citizens, law
enforcement assistance, parole and probation systems,
jails and prisons, health research facilities, mental
retardation facilities and community mental health
centers, juvenile delinquency, health professions,
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educational assistance, hospital and medical facilities,
social security, community health services, education
professions development, higher education, Commonwealth
employees health benefits, economic opportunity,
comprehensive health planning, elementary and secondary
education, highway safety and the civil service laws.
(iii) Encouragement of the formation of local
agencies and local coordinating councils, and promotion
of cooperation, and coordination among such groups, and
encouragement of communication of ideas and
recommendations from such groups to the Pennsylvania
Advisory Council on Drug and Alcohol Abuse.
(iv) Development of model drug and alcohol abuse and
dependence control plans for local government, utilizing
the concepts incorporated in the State plan. The model
plans shall be reviewed on a periodic basis, but not less
than once a year, and revised to keep them current. They
shall specify how all types of community resources and
existing Federal and Commonwealth legislation may be
utilized.
(v) Assistance and consultation to local
governments, public and private agencies, institutions,
and organizations and individuals with respect to the
prevention and treatment of drug and alcohol abuse and
dependence, including coordination of programs among
them.
(vi) Cooperation with organized medicine to
disseminate medical guidelines for the use of drugs and
controlled substances in medical practice.
(vii) Coordination of research, scientific
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investigations, experiments, and studies relating to the
cause, epidemiology, sociological aspects, toxicology,
pharmacology, chemistry, effects on health, dangers to
public health, prevention, diagnosis and treatment of
drug and alcohol abuse and dependence.
(viii) Investigation of methods for the more precise
detection and determination of alcohol and controlled
substances in urine and blood samples, and by other
means, and publication on a current basis of uniform
methodology for such detections and determinations.
(ix) Use of any information obtained through
scientific investigation or research conducted by the
department in ways so that no name or identifying
characteristics of any person shall be divulged without
the approval of the department and the consent of the
person concerned. Persons engaged in research pursuant to
this section shall protect the privacy of individuals who
are the subject of such research by withholding from all
persons not connected with the conduct of such research
the names or other identifying characteristics of such
individuals. Persons engaged in such research shall
protect the privacy of such individuals and may not be
compelled in any State, civil, criminal, administrative,
legislative or other proceeding to identify such
individuals.
(x) Establishment of training programs for
professional and nonprofessional personnel with respect
to drug and alcohol abuse and dependence, including the
encouragement of such programs by local governments.
(xi) Development of a model curriculum, including
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the provision of relevant data and other information, for
utilization by elementary and secondary schools for
instructing children and for parent-teachers'
associations, adult education centers, private citizen
groups, or other State and local sources, for instruction
of parents and other adults, about drug and alcohol abuse
and dependence.
(xii) Preparation of a broad variety of educational,
prevention and intervention material for use in all
media, to reach all segments of the population, that can
be utilized by public and private agencies, institutions
and organizations in educational programs with respect to
drug and alcohol abuse and dependence.
(xiii) Establishment of educational courses,
including the provision of relevant data and other
information, on the causes and effects of, and treatment
for, drug and alcohol abuse and dependence, for law
enforcement officials (including prosecuting attorneys,
court personnel, the judiciary, probation and parole
officers, correctional officers and other law enforcement
personnel), welfare, vocational rehabilitation and other
State and local officials who come in contact with drug
abuse and dependence problems.
(xiv) Recruitment, training, organization and
employment of professional and other persons, including
former drug and alcohol abusers and dependent persons, to
organize and participate in programs of public education.
(xv) Treatment and rehabilitation services for male
and female juveniles and adults who are charged with,
convicted of or serving a criminal sentence for any
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criminal offense under the law of this Commonwealth.
Provision of similar services shall be made for juveniles
adjudged to be delinquent, dependent or neglected. These
services shall include, but are not limited to, emergency
medical services, inpatient services, intermediate care
and rehabilitative and outpatient services.
(xvi) Giving priority to developing community-based
drug or alcohol abuse treatment services in a cooperative
manner among State and local governmental agencies and
departments and public and private agencies, institutions
and organizations. Consideration shall be given to
supportive medical care, services or residential
facilities for drug or alcohol dependent persons for whom
treatment has repeatedly failed and for whom recovery is
unlikely.
(xvii) Establishment of a system of emergency
medical services for persons voluntarily seeking
treatment, for persons admitted and committed to
treatment facilities according to the procedural
admission and commitment provisions of the act of July 9,
1976 (P.L.817, No.143), known as the Mental Health
Procedures Act, and for persons charged with a crime
under Pennsylvania law. Upon the establishment of such
emergency medical services, the Department of Drug and
Alcohol Programs, by regulation, shall require that
appropriate emergency medical services be made available
to all drug and alcohol abusers who are arrested for a
crime under Pennsylvania law.
(xviii) Providing standards for the approval by the
relevant State agency for all private and public
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treatment and rehabilitative facilities, which may
include but are not limited to, State hospitals and
institutions, public and private general hospitals,
community mental health centers or their contracting
agencies, and public and private drug or alcohol
dependence and drug and alcohol abuse and dependence
treatment and rehabilitation centers.
(xix) Grants and contracts for the prevention,
intervention and treatment of drug and alcohol
dependence. The grants and contracts may include
assistance to local governments and public and private
agencies, institutions and organizations for prevention,
intervention, treatment, rehabilitation, research,
education and training aspects of the drug and alcohol
abuse and dependence problems within the Commonwealth.
Any grant made or contract entered into by the Department
of Drug and Alcohol Programs shall be pursuant to the
functions allocated to it by the State plan.
(xx) Preparation of general regulations for, and
operation of, programs supported with assistance.
(xxi) Establishment of priorities for deciding
allocation of the funds.
(xxii) Reviewing the administration and operation of
programs, including the effectiveness of such programs in
meeting the purposes for which they are established and
operated, and make annual reports of its findings.
(xxiii) Evaluating the programs and projects carried
out and disseminating the results of such evaluations.
(xxiv) Establishing such advisory committees as
deemed necessary to assist the department in fulfilling
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its responsibilities.
(2) In developing the State plan initially, and prior to
its amendment annually, to hold a public hearing at least 30
days prior to the adoption of the initial State plan and
subsequent amendments to afford thereby all interested
persons an opportunity to present their views thereon either
orally or in writing. The Department of Drug and Alcohol
Programs, through its staff, shall consult and collaborate
with appropriate Federal and State and local departments,
boards, agencies and governmental units, and with appropriate
public and private agencies, institutions, groups and
organizations. Otherwise the promulgation of the State plan
shall conform to the procedure contained in the act of July
31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law.
(3) In accordance with the State plan, to allocate the
responsibility for all services, programs and other efforts
provided for therein among the appropriate departments,
agencies and other State personnel. The department, through
its employees, shall have the power and its duty shall be to
implement compliance with the provisions of the State plan
and to coordinate all such efforts.
(4) To gather and publish statistics pertaining to drug
and alcohol abuse and dependence and promulgate regulations,
specifying uniform statistics to be obtained, records to be
maintained and reports to be submitted, by public and private
departments, agencies, organizations, practitioners and other
persons with respect to drug and alcohol abuse and dependence
and related problems. Such statistics and reports shall not
reveal the identity of any patient or drug or alcohol
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dependent person or other confidential information.
(5) To establish an information center, which will
attempt to gather and contain all available published and
unpublished data and information on the problems of drug and
alcohol abuse and dependence. All Commonwealth departments
and agencies shall send any data and information pertinent to
the cause, prevention, diagnosis and treatment of drug and
alcohol abuse and dependence, and the toxicology,
pharmacology, effects on the health of drug and alcohol
abusers and danger to the public health of alcohol, drugs and
controlled substances, and the Department of Drug and Alcohol
Programs shall make such data and information widely
available.
(6) To require all appropriate State and local
departments, agencies, institutions and others engaged in
implementing the State plan to submit as often as necessary,
but no less often than annually, reports detailing the
activities and effects of the efforts of the aforementioned
and recommending appropriate amendments to the State plan.
The department may direct a performance audit of any activity
engaged in pursuant to the State plan.
(7) To submit an annual report to the General Assembly
which shall specify the actions taken and services provided
and funds expended and an evaluation of their effectiveness,
and which shall contain the current State plan. The
Department of Drug and Alcohol Programs shall submit such
additional reports as may be requested by the General
Assembly and such recommendations as will further the
prevention, treatment and control of drug and alcohol abuse
and dependence.
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(8) To make provision for facilities in each city or
region or catchment area which shall provide information
about the total Commonwealth drug and alcohol abuse and drug
and alcohol dependency programs and services.
Section 10. All personnel, allocation, appropriations,
equipment, files, records, contracts, agreements, obligations
and other material which are used, employed or expended in
connection with the powers, duties or functions of the
Department of Health concerning drug or alcohol abuse are hereby
transferred to the Department of Drug and Alcohol Programs
established by this act with the same force and effect as if the
appropriations had been made to and said items had been the
property of the Department of Drug and Alcohol Programs in the
first instance, and as if said contracts, agreements and
obligations had been incurred or entered into by the Department
of Drug and Alcohol Programs. The personnel, appropriations,
equipment and other items and material transferred by this
section shall include Federal grants and funds and other
benefits from any Federal program. All personnel transferred
pursuant to this act shall retain any civil service employment
status assigned to said personnel.
Section 11. All positions in the Department of Drug and
Alcohol Programs shall be deemed to be "classified service" as
defined in section 3(d) of the act of August 5, 1941 (P.L.752,
No.286), known as the Civil Service Act, and the provisions and
benefits of that act shall be applicable to the employees of,
and positions in, the department.
Section 12. All orders, permits, regulations, decisions and
other actions of the Department of Health or any department,
board, commission or agency whose functions have been
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transferred by this act to the Department of Drug and Alcohol
Programs shall remain in full force and effect until modified,
repealed, superseded in or otherwise changed by appropriate
action of the Department of Drug and Alcohol Programs.
Section 13. The Pennsylvania Advisory Council on Drug and
Alcohol Abuse established in section 3 of the act of April 14,
1972 (P.L.221, No.63), known as the Pennsylvania Drug and
Alcohol Abuse Control Act, shall be recognized as the advisory
council to the Department of Drug and Alcohol Programs.
Section 14. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate the purposes of
this act.
(2) The following acts and parts of acts are repealed to
the extent specified:
(i) Section 4 of the act of April 14, 1972 (P.L.221,
No.63), known as the Pennsylvania Drug and Alcohol Abuse
Control Act, is repealed.
(ii) All other acts and parts of acts are repealed
insofar as they are inconsistent with this act.
Section 15. This act shall take effect in 60 days.
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