PRINTER'S NO. 680
No. 614 Session of 2007
INTRODUCED BY DiGIROLAMO, BAKER, BARRAR, BEYER, BOYD, BUXTON,
CALTAGIRONE, CAPPELLI, CLYMER, COHEN, CURRY, DALLY, DeLUCA,
J. EVANS, FABRIZIO, FREEMAN, GEIST, GEORGE, GINGRICH,
GODSHALL, GOODMAN, GRUCELA, HARHAI, HARRIS, HERSHEY, JAMES,
KILLION, KIRKLAND, KOTIK, MACKERETH, MANDERINO, MANN,
MARKOSEK, MARSICO, McCALL, McILHATTAN, MENSCH, MICOZZIE,
MURT, MYERS, D. O'BRIEN, O'NEILL, PALLONE, PARKER, PETRI,
PETRONE, PHILLIPS, PICKETT, PYLE, RAYMOND, READSHAW, REED,
REICHLEY, ROSS, RUBLEY, SAINATO, SANTONI, SIPTROTH, SOLOBAY,
STABACK, STURLA, SURRA, WATSON, WHEATLEY, WOJNAROSKI,
YOUNGBLOOD AND HORNAMAN, MARCH 6, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 6, 2007
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," establishing the Department
21 of Drug and Alcohol Programs; repealing related provisions of
22 the Pennsylvania Drug and Alcohol Abuse and Control Act; and
23 making editorial changes.
24 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
3 No.175), known as The Administrative Code of 1929, amended
4 December 30, 1984 (P.L.1299, No.245) and repealed in part May
5 26, 1988 (P.L.414, No.72), is amended to read:
6 Section 201. Executive Officers, Administrative Departments
7 and Independent Administrative Boards and Commissions.--(a) The
8 executive and administrative work of this Commonwealth shall be
9 performed by the Executive Department, consisting of the
10 Governor, Lieutenant Governor, Secretary of the Commonwealth,
11 Attorney General, Auditor General, State Treasurer, and
12 Secretary of Education; by the Executive Board, and the
13 Pennsylvania State Police; by the following administrative
14 departments: Department of State, Office of Attorney General,
15 Department of Corrections, Department of the Auditor General,
16 Treasury Department, Department of Education, Department of
17 Military Affairs, Insurance Department, Department of Banking,
18 Department of Agriculture, Department of Transportation,
19 Department of Health, Department of Drug and Alcohol Programs,
20 Department of Labor and Industry, Department of Aging,
21 Department of Public Welfare, Department of General Services,
22 Department of Revenue, [Department of Commerce, Department of
23 Community Affairs and Department of Environmental Resources]
24 Department of Community and Economic Development, Department of
25 Environmental Protection and Department of Conservation and
26 Natural Resources; and by the following independent
27 administrative boards and commissions: Pennsylvania Game
28 Commission, Pennsylvania Fish and Boat Commission, State Civil
29 Service Commission, Pennsylvania Public Utility Commission and
30 the Pennsylvania Securities Commission.
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1 (b) All of the provisions of this act, which apply generally
2 to administrative departments, or generally except to the
3 Department of the Auditor General, the Treasury Department and
4 the Office of Attorney General, shall apply to the Executive
5 Board and to the Pennsylvania State Police.
6 Section 2. Section 202 of the act is amended by adding,
7 before the last paragraph, a clause to read:
8 Section 202. Departmental Administrative Boards,
9 Commissions, and Offices.--The following boards, commissions,
10 and offices are hereby placed and made departmental
11 administrative boards, commissions, or offices, as the case may
12 be, in the respective administrative departments mentioned in
13 the preceding section, as follows:
14 * * *
15 In the Department of Drug and Alcohol Programs,
16 Bureau of Prevention and Intervention,
17 Bureau of Treatment,
18 Bureau of Administration.
19 All of the foregoing departmental administrative boards and
20 commissions shall be organized or reorganized as provided in
21 this act.
22 Section 3. Section 203 of the act, amended December 3, 1970
23 (P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978
24 (P.L.477, No.70), December 6, 1982 (P.L.774, No.223) and June
25 30, 1988 (P.L.475, No.80) and repealed in part April 29, 1988
26 (P.L.381, No.60) and July 2, 1993 (P.L.439, No.64), is amended
27 to read:
28 Section 203. Advisory Boards and Commissions.--The following
29 advisory boards and commissions are placed in and made parts of
30 the respective administrative departments, as follows:
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1 In the Department of Military Affairs,
2 State Military Reservation Commission,
3 In the Department of Environmental [Resources] Protection,
4 Citizens Advisory Council;
5 In the Department of Health,
6 Advisory Health Board;
7 In the Department of Labor and Industry,
8 Advisory Council on Affairs of the Handicapped,
9 Advisory Board on Problems of Older Workers,
10 Policy, Planning and Evaluation Advisory Committee;
11 In the Department of Public Welfare,
12 State Board of Public Welfare,
13 Advisory Committee for the Blind,
14 Advisory Committee for General and Special Hospitals,
15 Advisory Committee for Children and Youth,
16 Advisory Committee for Public Assistance,
17 Advisory Committee for Mental Health and Mental
18 Retardation.
19 Section 4. Section 206 of the act, amended December 30, 1984
20 (P.L.1299, No.245), is amended to read:
21 Section 206. Department Heads.--Each administrative
22 department shall have as its head an officer who shall, either
23 personally, by deputy, or by the duly authorized agent or
24 employe of the department, and subject at all times to the
25 provisions of this act, exercise the powers and perform the
26 duties by law vested in and imposed upon the department.
27 The following officers shall be the heads of the
28 administrative departments following their respective titles:
29 Secretary of the Commonwealth, of the Department of State;
30 Auditor General, of the Department of the Auditor General;
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1 State Treasurer, of the Treasury Department;
2 Attorney General, of the Office of Attorney General;
3 Secretary of Education, of the Department of Education;
4 Adjutant General, of the Department of Military Affairs;
5 Insurance Commissioner, of the Insurance Department;
6 Secretary of Banking, of the Department of Banking;
7 Secretary of Agriculture, of the Department of Agriculture;
8 Secretary of Transportation, of the Department of
9 Transportation;
10 Secretary of Health, of the Department of Health;
11 Secretary of Drug and Alcohol Programs, of the
12 Department of Drug and Alcohol Programs;
13 Secretary of Labor and Industry, of the Department of Labor
14 and Industry;
15 Secretary of Aging, of the Department of Aging;
16 Secretary of Public Welfare, of the Department of Public
17 Welfare;
18 Secretary of Revenue, of the Department of Revenue;
19 [Secretary of Commerce, of the Department of Commerce;
20 Secretary of Community Affairs, of the Department of
21 Community Affairs;
22 Secretary of Environmental Resources, of the Department of
23 Environmental Resources;]
24 Secretary of Community and Economic Development, of the
25 Department of Community and Economic Development;
26 Secretary of Environmental Protection, of the Department of
27 Environmental Protection;
28 Secretary of Conservation and Natural Resources, of the
29 Department of Conservation and Natural Resources;
30 Secretary of General Services, of the Department of General
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1 Services;
2 Secretary of Corrections, of the Department of Corrections.
3 Section 5. Section 207.1(d)(1) of the act, amended December
4 30, 2002 (P.L.2075, No.231), is amended to read:
5 Section 207.1. Gubernatorial Appointments.--* * *
6 (d) The Governor shall nominate in accordance with the
7 provisions of the Constitution of the Commonwealth of
8 Pennsylvania and, by and with the advice and consent of a
9 majority of the members elected to the Senate appoint persons to
10 fill the following positions:
11 (1) The Secretary of Education, the Secretary of the
12 Commonwealth, the Adjutant General, the Insurance Commissioner,
13 the Secretary of Banking, the Secretary of Agriculture, the
14 Secretary of Transportation, the Secretary of Health, the
15 Secretary of Drug and Alcohol Programs, the Commissioner of the
16 State Police, the Secretary of Corrections, the Secretary of
17 Labor and Industry, the Secretary of Aging, the Secretary of
18 Public Welfare, the Secretary of General Services, the Secretary
19 of Revenue, the Secretary of Community and Economic Development,
20 the Secretary of Environmental Protection and the Secretary of
21 Conservation and Natural Resources.
22 * * *
23 Section 6. Section 451(b) of the act, amended July 7, 1989
24 (P.L.241, No.42), is amended to read:
25 Section 451. State Planning Board.--* * *
26 (b) (1) The State Planning Board shall consist of fifteen
27 members to be appointed by the Governor from among the citizens
28 of the State, who during their terms shall hold no other office
29 in the executive branch of State Government to which any salary
30 is attached. In addition to these members, there shall be six ex
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1 officio members, the Secretary of Agriculture, the [Secretary of
2 Commerce, the Secretary of Community Affairs, the Secretary of
3 Environmental Resources] Secretary of Community and Economic
4 Development, the Secretary of Environmental Protection, the
5 Secretary of Conservation and Natural Resources, the Secretary
6 of Public Welfare and the Secretary of Transportation. There
7 shall also be two members appointed by, and serve at the
8 pleasure of, the President pro tempore of the Senate, neither of
9 whom shall be members of the same political party, and two
10 members appointed by, and serve at the pleasure of, the Speaker
11 of the House of Representatives, neither of whom shall be
12 members of the same political party. The terms of office of
13 those members appointed by the Governor shall be for four years
14 and until their successors are appointed and have qualified. In
15 case of a vacancy, the Governor shall make an appointment for
16 the unexpired portion of the term. The Governor shall designate
17 the chairman and vice-chairman of the board from among the
18 members of the board, other than the ex officio and legislative
19 members.
20 (2) Thirteen members of the board shall constitute a quorum.
21 (3) The members of the board shall serve without
22 compensation but shall be entitled to receive traveling and
23 other reasonable expenses incurred in the discharge of their
24 duties.
25 (4) The board may, with the approval of the Governor,
26 appoint and fix the compensation of an executive director who
27 shall be technically qualified for the duties of the office and
28 who shall act as secretary of the board and conduct the work of
29 the board under its supervision.
30 * * *
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1 Section 7. Section 1209 introductory paragraph and (b) of
2 the act, amended February 1, 1966 (1965 P.L.1849, No.582), are
3 amended to read:
4 Section 1209. Local Government Budget and Financial Reports;
5 Compilation of Statistics.--The Department of Community
6 [Affairs] and Economic Development shall have power and its duty
7 shall be:
8 * * *
9 (b) To furnish to the corporate authorities of each county
10 (except counties of the first class), city of the third class,
11 borough, incorporated town, township suitable blank forms for
12 the making of annual reports of the financial condition of their
13 respective local governments to the department, which forms for
14 financial report purposes shall be placed by said corporate
15 authorities into the hands of the director, controller or
16 auditors who by law are required to make such financial reports
17 to the department. Such annual financial reports shall be
18 prepared in cooperation with aforesaid duly authorized
19 committees of local government officials and shall contain: (1)
20 a statement of the receipts of the unit of local government from
21 all sources and of all accounts and revenue which may be due and
22 uncollected at the close of the fiscal year; (2) a statement of
23 the disbursements for all the governmental activities of the
24 unit of local government during the fiscal year; (3) a detailed
25 statement of the indebtedness of the unit of local government at
26 the close of the fiscal year, the provisions made for the
27 payment thereof, together with the purposes for which it was
28 incurred; (4) a statement of the cost of ownership and operation
29 of each and every public service industry owned, maintained or
30 operated by the unit of local government; (5) such further or
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1 more specific information in relation to the cost of any branch
2 of the local government and improvements therein as may be
3 required by the department.
4 In the case of blank forms for financial reports by townships
5 of the second class and counties, the same shall be so arranged
6 that corresponding data and information, required to be reported
7 by said units of local government to the Department of
8 [Highways] Transportation or the Department of Public Welfare,
9 may be used for the information required to be furnished to the
10 Department of Community [Affairs] and Economic Development under
11 this section.
12 * * *
13 Section 8. Section 2203-A(a)(11) and (26) of the act,
14 amended December 15, 1988 (P.L.1244, No.153), are amended to
15 read:
16 Section 2203-A. Powers and Duties in General.-(a) The
17 Department of Aging hereinafter referred to in this article as
18 the department shall, subject to any inconsistent provisions in
19 this act contained, have the power and its duty shall be to:
20 * * *
21 (11) Promote and support programs, studies and policies, in
22 cooperation with the Departments of Labor and Industry,
23 Education, [Commerce] Community and Economic Development, Public
24 Welfare and other agencies, which will enhance the opportunity
25 for continued work, education and training for older persons and
26 for preretirement assistance where appropriate.
27 * * *
28 (26) Review and comment on all rules, regulations,
29 eligibility or payment standards issued by the Departments of
30 Public Welfare, Environmental [Resources, Health] Protection or
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1 Labor and Industry relating to the licensure and regulation of
2 nursing homes, hospitals, and other health facilities; medical
3 assistance, supplemental security income; homemaking and home-
4 health care or residential care facilities for older adults.
5 Said rules, regulations and standards shall not take effect
6 until they have been submitted to the department for comment.
7 * * *
8 Section 9. The act is amended by adding an article to read:
9 ARTICLE XXIII-A
10 POWERS AND DUTIES OF THE DEPARTMENT OF DRUG
11 AND ALCOHOL PROGRAMS
12 Section 2301-A. Powers and duties.--The Department of Drug
13 and Alcohol Programs shall have the power, and its duty shall
14 be:
15 (1) To develop and adopt a State plan for the control,
16 prevention, intervention, treatment, rehabilitation,
17 research, education, and training aspects of drug and alcohol
18 abuse and dependence problems. The State plan shall include,
19 but not be limited to, provision for:
20 (i) Coordination of the efforts of all State
21 agencies in the control, prevention, intervention,
22 treatment, rehabilitation, research, education, and
23 training aspects of drug and alcohol abuse and dependence
24 problems so as to avoid duplications and inconsistencies
25 in the efforts of the agencies.
26 (ii) Coordination of all health and rehabilitation
27 efforts to deal with the problem of drug and alcohol
28 abuse and dependence, including, but not limited to,
29 those relating to vocational rehabilitation, manpower
30 development and training, senior citizens, law
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1 enforcement assistance, parole and probation systems,
2 jails and prisons, health research facilities, mental
3 retardation facilities and community mental health
4 centers, juvenile delinquency, health professions,
5 educational assistance, hospital and medical facilities,
6 social security, community health services, education
7 professions development, higher education, Commonwealth
8 employes health benefits, economic opportunity,
9 comprehensive health planning, elementary and secondary
10 education, highway safety and the civil service laws.
11 (iii) Encouragement of the formation of local
12 agencies and local coordinating councils, and promotion
13 of cooperation, and coordination among such groups, and
14 encouragement of communication of ideas and
15 recommendations from such groups to the Pennsylvania
16 Advisory Council on Drug and Alcohol Abuse.
17 (iv) Development of model drug and alcohol abuse and
18 dependence control plans for local government, utilizing
19 the concepts incorporated in the State plan. The model
20 plans shall be reviewed on a periodic basis but not less
21 than once a year, and revised to keep them current. They
22 shall specify how all types of community resources and
23 existing Federal and Commonwealth legislation may be
24 utilized.
25 (v) Assistance and consultation to local
26 governments, public and private agencies, institutions,
27 and organizations, and individuals with respect to the
28 prevention and treatment of drug and alcohol abuse and
29 dependence, including coordination of programs among
30 them.
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1 (vi) Cooperation with organized medicine to
2 disseminate medical guidelines for the use of drugs and
3 controlled substances in medical practice.
4 (vii) Coordination of research, scientific
5 investigations, experiments, and studies relating to the
6 cause, epidemiology, sociological aspects, toxicology,
7 pharmacology, chemistry, effects on health, dangers to
8 public health, prevention, diagnosis and treatment of
9 drug and alcohol abuse and dependence.
10 (viii) Investigation of methods for the more precise
11 detection and determination of alcohol and controlled
12 substances in urine and blood samples, and by other
13 means, and publication on a current basis of uniform
14 methodology for such detections and determinations.
15 (ix) Use of any information obtained through
16 scientific investigation or research conducted by the
17 department in ways so that no name or identifying
18 characteristics of any person shall be divulged without
19 the approval of the department and the consent of the
20 person concerned. Persons engaged in research pursuant to
21 this section shall protect the privacy of individuals who
22 are the subject of such research by withholding from all
23 persons not connected with the conduct of such research
24 the names or other identifying characteristics of such
25 individuals. Persons engaged in such research shall
26 protect the privacy of such individuals and may not be
27 compelled in any State, civil, criminal, administrative,
28 legislative, or other proceeding to identify such
29 individuals.
30 (x) Establishment of training programs for
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1 professional and nonprofessional personnel with respect
2 to drug and alcohol abuse and dependence, including the
3 encouragement of such programs by local governments.
4 (xi) Development of a model curriculum, including
5 the provision of relevant data and other information, for
6 utilization by elementary and secondary schools for
7 instructing children, and for parent-teachers'
8 associations, adult education centers, private citizen
9 groups, or other State and local sources, for instruction
10 of parents and other adults, about drug and alcohol abuse
11 and dependence.
12 (xii) Preparation of a broad variety of educational,
13 prevention and intervention material for use in all
14 media, to reach all segments of the population, that can
15 be utilized by public and private agencies, institutions,
16 and organizations in educational programs with respect to
17 drug and alcohol abuse and dependence.
18 (xiii) Establishment of educational courses,
19 including the provision of relevant data and other
20 information, on the causes and effects of, and treatment
21 for, drug and alcohol abuse and dependence, for law
22 enforcement officials (including prosecuting attorneys,
23 court personnel, the judiciary, probation and parole
24 officers, correctional officers and other law enforcement
25 personnel), welfare, vocational rehabilitation, and other
26 State and local officials who come in contact with drug
27 abuse and dependence problems.
28 (xiv) Recruitment, training, organization and
29 employment of professional and other persons, including
30 former drug and alcohol abusers and dependent persons, to
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1 organize and participate in programs of public education.
2 (xv) Treatment and rehabilitation services for male
3 and female juveniles and adults who are charged with,
4 convicted of, or serving a criminal sentence for any
5 criminal offense under the law of this Commonwealth.
6 Provision of similar services shall be made for juveniles
7 adjudged to be delinquent, dependent or neglected. These
8 services shall include but are not limited to emergency
9 medical services, inpatient services and intermediate
10 care, rehabilitative and outpatient services.
11 (xvi) Giving priority to developing community-based
12 drug or alcohol abuse treatment services in a cooperative
13 manner among State and local governmental agencies and
14 departments and public and private agencies, institutions
15 and organizations. Consideration shall be given to
16 supportive medical care, services, or residential
17 facilities for drug or alcohol dependent persons for whom
18 treatment has repeatedly failed and for whom recovery is
19 unlikely.
20 (xvii) Establishment of a system of emergency
21 medical services for persons voluntarily seeking
22 treatment, for persons admitted and committed to
23 treatment facilities according to the procedural
24 admission and commitment provisions of the act of July 9,
25 1976 (P.L.817, No.143), known as the Mental Health
26 Procedures Act, and for persons charged with a crime
27 under Pennsylvania law. Upon the establishment of such
28 emergency medical services, the Department of Drug and
29 Alcohol Programs, by regulation, shall require that
30 appropriate emergency medical services be made available
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1 to all drug and alcohol abusers who are arrested for a
2 crime under Pennsylvania law.
3 (xviii) Providing standards for the approval by the
4 relevant State agency for all private and public
5 treatment and rehabilitative facilities, which may
6 include but are not limited to State hospitals and
7 institutions, public and private general hospitals,
8 community mental health centers or their contracting
9 agencies, and public and private drug or alcohol
10 dependence and drug and alcohol abuse and dependence
11 treatment and rehabilitation centers.
12 (xix) Grants and contracts for the prevention,
13 intervention and treatment of drug and alcohol
14 dependence. The grants and contracts may include
15 assistance to local governments and public and private
16 agencies, institutions, and organizations for prevention,
17 intervention, treatment, rehabilitation, research,
18 education and training aspects of the drug and alcohol
19 abuse and dependence problems with the Commonwealth. Any
20 grant made or contract entered into by the Department of
21 Drug and Alcohol Programs shall be pursuant to the
22 functions allocated to it by the State plan.
23 (xx) Preparation of general regulations for, and
24 operation of, programs supported with assistance.
25 (xxi) Establishment of priorities for deciding
26 allocation of the funds.
27 (xxii) Review the administration and operation of
28 programs, including the effectiveness of such programs in
29 meeting the purposes for which they are established and
30 operated, and make annual reports of its findings.
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1 (xxiii) Evaluate the programs and projects carried
2 out and disseminate the results of such evaluations.
3 (xxiv) Establish such advisory committees as deemed
4 necessary to assist the department in fulfilling its
5 responsibilities.
6 (2) In developing the State plan initially, and prior to
7 its amendment annually, to hold a public hearing at least 30
8 days prior to the adoption of the initial State plan and
9 subsequent amendments and shall afford thereby all interested
10 persons an opportunity to present their views thereon either
11 orally or in writing. The Department of Drug and Alcohol
12 Programs, through its staff, shall consult and collaborate
13 with appropriate Federal and State and local departments,
14 boards, agencies and governmental units, and with appropriate
15 public and private agencies, institutions, groups and
16 organizations. Otherwise the promulgation of the State plan
17 shall conform to the procedure contained in the Commonwealth
18 Documents Law.
19 (3) In accordance with the State plan, to allocate the
20 responsibility for all services, programs and other efforts
21 provided for therein among the appropriate departments,
22 agencies and other State personnel. The department, through
23 its employees, shall have the power and its duty shall be to
24 implement compliance with the provisions of the State plan
25 and to coordinate all such efforts.
26 (4) To gather and publish statistics pertaining to drug
27 and alcohol abuse and dependence and promulgate regulations,
28 specifying uniform statistics to be obtained, records to be
29 maintained and reports to be submitted, by public and private
30 departments, agencies, organizations, practitioners, and
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1 other persons with respect to drug and alcohol abuse and
2 dependence, and related problems. Such statistics and reports
3 shall not reveal the identity of any patient or drug or
4 alcohol dependent person or other confidential information.
5 (5) To establish an information center, which will
6 attempt to gather and contain all available published and
7 unpublished data and information on the problems of drug and
8 alcohol abuse and dependence. All Commonwealth departments
9 and agencies shall send any data and information pertinent to
10 the cause, prevention, diagnosis and treatment of drug and
11 alcohol abuse and dependence, and the toxicology,
12 pharmacology, effects on the health of drug and alcohol
13 abusers and danger to the public health of alcohol, drugs and
14 controlled substances, and the Department of Drug and Alcohol
15 Programs shall make such data and information widely
16 available.
17 (6) To require all appropriate State and local
18 departments, agencies, institutions and others engaged in
19 implementing the State plan to submit as often as necessary,
20 but no less often than annually, reports detailing the
21 activities and effects of the efforts of the aforementioned
22 and recommending appropriate amendments to the State plan.
23 The department may direct a performance audit of any activity
24 engaged in pursuant to the State plan.
25 (7) To submit an annual report to the General Assembly
26 which shall specify the actions taken and services provided
27 and funds expended and an evaluation of their effectiveness,
28 and which shall contain the current State plan. The
29 Department of Drug and Alcohol Programs shall submit such
30 additional reports as may be requested by the General
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1 Assembly and such recommendations as will further the
2 prevention, treatment, and control of drug and alcohol abuse
3 and dependence.
4 (8) To make provision for facilities in each city or
5 region or catchment area which shall provide information
6 about the total Commonwealth drug and alcohol abuse and drug
7 and alcohol dependency programs and services.
8 Section 10. All personnel, allocation, appropriations,
9 equipment, files, records, contracts, agreements, obligations
10 and other material which are used, employed or expended in
11 connection with the powers, duties or functions of the
12 Department of Health concerning drug or alcohol abuse are hereby
13 transferred to the Department of Drug and Alcohol Programs
14 established by this act with the same force and effect as if the
15 appropriations had been made to and said items had been the
16 property of the Department of Drug and Alcohol Programs in the
17 first instance, and as if said contracts, agreements and
18 obligations had been incurred or entered into by the Department
19 of Drug and Alcohol Programs. The personnel, appropriations,
20 equipment and other items and material transferred by this
21 section shall include Federal grants and funds and other
22 benefits from any Federal program. All personnel transferred
23 pursuant to this act shall retain any civil service employment
24 status assigned to said personnel.
25 Section 11. All positions in the Department of Drug and
26 Alcohol Programs shall be deemed to be "classified service" as
27 defined in section 3(d) of the act of August 5, 1941 (P.L.752,
28 No.286), known as the Civil Service Act, and the provisions and
29 benefits of that act shall be applicable to the employees of,
30 and positions in, the department.
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1 Section 12. All orders, permits, regulations, decisions and
2 other actions of the Department of Health or any department,
3 board, commission or agency whose functions have been
4 transferred by this act to the Department of Drug and Alcohol
5 Programs shall remain in full force and effect until modified,
6 repealed, superseded in or otherwise changed by appropriate
7 action of the Department of Drug and Alcohol Programs.
8 Section 13. The Pennsylvania Advisory Council on Drug and
9 Alcohol Abuse established in section 3 of the act of April 14,
10 1972 (P.L.221, No.63), known as the Pennsylvania Drug and
11 Alcohol Abuse Control Act, shall be recognized as the advisory
12 council to the Department of Drug and Alcohol Programs.
13 Section 14. (a) The General Assembly finds that the repeal
14 in subsection (b) is necessary to effectuate this act.
15 (b) Section 4 of the act of April 14, 1972 (P.L.221, No.63),
16 known as the Pennsylvania Drug and Alcohol Abuse Control Act, is
17 repealed.
18 (c) All other acts and parts of acts are repealed insofar as
19 they are inconsistent with this act.
20 Section 15. This act shall take effect in 60 days.
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