71 Pa. Stat. § 158

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 158 - Advisory boards and commissions (Adm. Code Section 448)

The advisory boards and commissions, within the several administrative departments, shall be constituted as follows:

(a) Repealed by 1949, May 27, P.L. 1903, § 1202.
(b) Repealed by 1988, April 29, P.L. 381, No. 60, § 5, imd. effective
(c), (d) Repealed by 1970, Dec. 3, P.L. 834, No. 275, § 11, effective Jan. 19, 1971.
(e) Repealed by 1949, May 23, P.L. 1695, § 5.
(f) The Advisory Health Board shall consist of the Secretary of Health, or in his place his duly authorized deputy, and twelve members, five of whom shall be physicians licensed to practice medicine or osteopathy in Pennsylvania, one a dentist licensed to practice dentistry in Pennsylvania, one a pharmacist registered with the State Board of Pharmacy, one a registered nurse licensed by the State Board of Nurse Examiners, and one an engineer registered with the State Registration Board for Professional Engineers who is experienced in sanitary engineering. The Secretary of Health, or in his place his duly authorized deputy, shall be chairman of the board.

The term of office of each appointed member of the board shall be four years, measured from the third Tuesday of January of the year in which he takes office, or until his successor has been appointed and has qualified; except that in the initial appointment of the members of the board, one member shall be appointed for a term of one year, three members for a term of two years, three members for a term of three years, and three members for a term of four years.

Six members of the board, together with the Secretary of Health, or in his place his duly authorized deputy, shall constitute a quorum.

Each appointed member of the board shall receive actual traveling expenses and per diem compensation at the rate of $25.00 a day for time actually devoted to the business of the board.

(g) Repealed by 1959, Dec. 21, P.L. 1944, § 9.
(h) Repealed by 1975, July 22, P.L. 75, No. 45, § 6, effective in 90 days.
(i) Repealed by 1959, Dec. 21, P.L. 1944, § 9.

[(j) No clause designated (j).]

(k) The State Board of Public Welfare is hereby created. The board shall consist of the Secretary of Public Welfare, ex officio, and sixteen (16) members appointed by the Governor. Four (4) members shall be appointed from among the members of the General Assembly, two (2) from the Senate and two (2) from the House of Representatives. These members of the board shall, with respect to each branch of the General Assembly, be from different political parties, and they shall, in no event, retain membership on the board after they cease to be members of the branch of the Legislature from which they were appointed. One (1) member shall be appointed by the Governor from each of the six (6) advisory committees created by clause (l) of this section, and the first member of each advisory committee appointed by the Governor shall automatically become a member of the board. The term of office of each member of the board, except as herein otherwise provided, shall be six (6) years.

In the original appointment of the members of the board, six (6) members shall be appointed for the term of six (6) years, five (5) members for the term of four (4) years, and five (5) members for the term of two (2) years. Any vacancy occurring in the membership of the board shall be filled by the Governor only for the unexpired term. The Governor may remove any member of the board at any time. No member of the board shall serve more than two (2) consecutive terms not including a vacancy appointment, nor shall any member hold office in any political party.

Nine (9) members of the board shall constitute a quorum. A chairman who shall not be a member of an advisory committee shall be elected by the board, annually, from among its members. Members of the board shall serve without compensation other than reimbursement of travel and other actual expenses incurred in the performance of their duties. The board shall meet at least six (6) times a year. Special meetings of the board shall be held on call of the chairman or the Secretary of Public Welfare, and it shall be the duty of the chairman to call a special meeting upon the written request of one-third ( 1/3 ) or more members, not including vacancies, of the board.

(l) The following advisory committees are hereby created:

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.

Each advisory committee shall consist of the Commissioner in the Department of Public Welfare, directing the program to which the advisory committee is attached, as an ex officio member, and not less than three (3) nor more than nine (9) members appointed by the Governor. In the case of the Advisory Committee for Mental Health and Mental Retardation, the committee shall include the Chairman of the Public Health and Welfare Committee of the Senate, the Chairman of the Health and Welfare Committee of the House of Representatives and the President of the Pennsylvania State Association of County Commissioners or his alternate. The exact number of members of each advisory committee shall be determined by the Governor upon recommendation of the State Board of Public Welfare. The qualifications of the members of each advisory committee shall also be determined by the Governor upon recommendation of the State Board of Public Welfare: Provided, That with respect to each advisory committee, the Governor shall appoint members with due regard for representation of the professional and lay groups concerned with the fields of interest served by the program to which each advisory committee is attached. The term of office of each member of each advisory committee, except as herein otherwise provided, shall be six (6) years.

The original appointment of the members of the advisory committee shall be for overlapping terms of six (6), four (4) and two (2) years. In making these original appointments, the Governor shall, in so far as possible, appoint approximately one-third ( 1/3 ) of the recommended complement of each advisory board to each of the overlapping terms.

A majority of the members of each advisory committee shall constitute a quorum. Each advisory committee shall elect a chairman from among its members. Each advisory committee shall meet at least four (4) times a year. Special meetings of each advisory committee shall be held on call of the chairman, and it shall be the duty of the chairman to call a special meeting upon the written request of one-third ( 1/3 ) or more of the members not including vacancies of the advisory committee.

The provisions of clause (k) of this section with respect to filling of vacancies, removal of members, length of service, political party office and compensation shall be applicable to advisory committee members, and are incorporated herein by reference.

(m) Deleted by 1989, July 7, P.L. 241, No. 42, § 2, effective July 1, 1989.
(n), (n.1) Repealed by 1993, July 2, P.L. 439, No. 64, § 20, effective in 120 days.
(o) Deleted by 1989, July 7, P.L. 241, No. 42, § 2, effective July 1, 1989.
(p) The Citizens Advisory Council shall be an independent advisory council administratively housed within the Department of Environmental Protection and shall consist of the Secretary of Environmental Protection who shall serve in an ex officio capacity, six members who shall be appointed by the Governor, no more than three of whom shall be of the same political party, six members who shall be appointed by the President Pro Tempore of the Senate, no more than three of whom shall be of the same political party, and six members who shall be appointed by the Speaker of the House of Representatives no more than three of whom shall be of the same political party. The appointed members of the council shall be citizens of the State, who, during their respective terms, shall hold no other State office to which any salary is attached except that of membership on the Environmental Quality Board.

The term of office of each appointed member shall be three years, measured from the third Tuesday of January of the year in which he takes office, or until his successor has been appointed; except that in the initial appointments of the members of the council, the respective appointing authorities shall appoint two members for terms of one year each, two members for terms of two years each, and two members for terms of three years each.

The Citizens Advisory Council shall include persons knowledgeable in fields related to the work of the Department of Environmental Resources such as, but not limited to, ecology, limnology, toxicology, pharmacology, organiculture, and industrial technology.

The council shall annually elect one of its appointed members as chairman and shall elect a secretary who need not be a member of the council. Meetings of the council shall be held at least quarterly or at the call of the chairman.

The council shall have the sole power to employ and fix the compensation of an executive director and such experts, stenographers, and assistants as may be deemed necessary to carry out the work of the council, but due diligence shall be exercised by the council to enlist such voluntary assistance as may be available from citizens, research organizations, and other agencies in Pennsylvania or elsewhere, generally recognized as qualified to aid the council.

71 P.S. § 158

Amended by P.L. TBD 2016 No. 7, § 1.2, eff. 5/23/2016.
1929, April 9, P.L. 177, art. IV, § 448. Amended 1931, June 1, P.L. 350, § 1; 1933, June 3, P.L. 1471, § 1; 1937, June 4, P.L. 1601, § 1; 1937, June 21, P.L. 1865, § 1. Affected 1939, June 6, P.L. 250, § 16. Amended 1945, June 6, P.L. 1398, § 7; 1947, May 22, P.L. 269, § 1; 1947, June 10, P.L. 484, § 1; 1947, June 12, P.L. 584, § 2; 1947, June 25, P.L. 935, No. 390, § 1. Affected 1949, May 23, P.L. 1695, § 5; 1949, May 27, P.L. 1903, § 1202. Amended 1951, Aug. 24, P.L. 1340, § 2; 1955, Dec. 14, P.L. 853, No. 255, § 4; 1956, March 20, P.L. (1955) 1310, § 1; 1959, Dec. 21, P.L. 1944, §§ 4, 9; 1966, Jan. 13, P.L.(1965) 1300, § 1; 1967, Aug. 11, P.L. 234, § 1; 1968, Jan. 3, P.L. (1967) 922, § 2; 1968, March 14, P.L. 57, No. 18, § 1; 1970, July 9, P.L. 470, No. 161, § 4; 1970, Dec. 3, P.L. 834, No. 275, §§ 11, 12. Affected 1975, July 22, P.L. 75, No. 45, § 6, effective in 90 days. Amended 1978, June 1, P.L. 449, No. 55, § 1; 1978, June 20, P.L. 477, No. 70, § 5; 1982, Dec. 6, P.L. 774, No. 223, § 2; 1984, Feb. 17, P.L. 75, No. 14, § 5. Affected 1988, April 29, P.L. 381, No. 60, § 5, retroactive effective Jan. 1, 1988. Amended 1988, Dec. 15, P.L. 1239, No. 152, § 1; 1989, July 7, P.L. 241, No. 42, § 2, effective July 1, 1989. Affected 1993, July 2, P.L. 439, No. 64, § 20, effective in 120 days; 1999, June 22, P.L. 99, No. 15, § 7(b), effective July 1, 1999.