SENATE AMENDED PRIOR PRINTER'S NOS. 479, 3387 PRINTER'S NO. 3938
No. 441 Session of 1987
INTRODUCED BY MORRIS, SIRIANNI, RUDY, HAYES, LLOYD, BROUJOS, HONAMAN, BALDWIN, JOHNSON, SEMMEL, TRELLO, HERMAN, STABACK, VROON, KUKOVICH, COY, SHOWERS, COLE, CLYMER, NOYE, STAIRS, FARGO, BARLEY, GODSHALL, FLICK, D. W. SNYDER, FISCHER, BUNT, McHALE, SCHEETZ, BELFANTI, VEON, HALUSKA, D. R. WRIGHT, BUSH, HERSHEY, PETRARCA, G. SNYDER AND BOOK, FEBRUARY 24, 1987
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 29, 1988
AN ACT
1 Creating an independent A DEPARTMENTAL ADMINISTRATIVE commission <--
2 known as the Animal Health and Diagnostic Commission; and
3 establishing a fund.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Animal Health
8 and Diagnostic Act.
9 Section 2. Legislative findings and intent.
10 Veterinary diagnostic support is the linchpin of any network
11 of veterinary epidemic intelligence vital to the maintenance and
12 well-being of a modern animal industry. Many diseases have
13 potentially serious consequences for animal and human health.
14 Much of the research work which is done on animal diseases has a
15 correlating effect on human disease research. The General
16 Assembly has determined there is a need to facilitate an
1 integrated approach to the diagnosis and investigation of 2 disease in farm animals. The avian flu virus brought to the 3 General Assembly's attention that there is not a laboratory in 4 Pennsylvania which can deal with this type of virus, and 5 Pennsylvania poultrymen had to send all samples to Ames, Iowa. 6 The General Assembly also finds that it is important that there 7 be diagnostic capabilities in Pennsylvania since this State is 8 one of the top poultry, dairy and animal-producing states in the 9 country. There is no doubt that the research laboratories at The 10 Pennsylvania State University and the University of Pennsylvania 11 teaching facilities are of utmost importance since they 12 correlate to the medical facilities at both of these 13 universities. To facilitate this program, it is important that 14 each diagnostic laboratory be linked together via the Extension 15 Computer Network to facilitate an integrated approach to the 16 diagnosis and investigation of disease in farm animals. It is 17 also the intent of the General Assembly to provide resources and 18 a cadre of specialists to allow planned interventions in disease 19 outbreaks rather than crisis interventions. A predictable 20 funding basis is the only manner in which to achieve these 21 necessary laboratory research and diagnostic capabilities. 22 Section 3. Creation of commission; members. 23 (a) Creation.--There is hereby created in the Department of 24 Agriculture a departmental administrative commission which shall 25 be known as the Animal Health and Diagnostic Commission. 26 (b) Membership.-- 27 (1) The commission shall consist of the following 15 28 members: 29 (i) The Secretary of Agriculture of the 30 Commonwealth. 19870H0441B3938 - 2 -
1 (ii) The Secretary of Health of the Commonwealth.
2 (iii) The majority CHAIRMEN and minority chairmen of <--
3 the Agriculture Committees of both the House of
4 Representatives and the Senate.
5 (iv) Three accredited veterinarians appointed by the
6 Governor with the advice and consent of a majority of the
7 members elected to the Senate.
8 (v) Six active farmers appointed by the Governor
9 with the advice and consent of a majority of the members
10 elected to the Senate. In appointing farmer members, the
11 Governor shall consider nominees suggested by Statewide
12 farm organizations, the poultry industry and equine and
13 livestock breeding organizations.
14 (2) The Secretary of Agriculture shall serve as the
15 chairman of the commission. At the last regular meeting of
16 the commission in the calendar year, the members of the
17 commission shall elect a vice chairman from among the members
18 of the commission. The member elected vice chairman shall
19 serve in that capacity for the ensuing year.
20 (3) Each member of the commission in the categories of
21 paragraph (1)(i) through (iii) may be represented by his
22 designee.
23 (4) Five of the nine members appointed by the Governor
24 shall be appointed to an initial term of two years. All other
25 members appointed by the Governor shall serve for terms of
26 four years. A member appointed by the Governor shall hold
27 office until his successor has been duly appointed and
28 qualified according to law but no longer than six months
29 beyond the period to which the member was appointed. Any
30 members appointed by the Governor to fill a vacancy occurring
19870H0441B3938 - 3 -
1 otherwise than by expiration of a term shall be appointed in 2 the same way and with the same qualifications as set forth in 3 paragraph (1) and shall hold office for the remainder of the 4 unexpired term. 5 (5) Each member of the commission shall be eligible for 6 reappointment and any member appointed to the commission by 7 the Governor may be removed by the Governor for neglect of 8 duty or malfeasance in office. 9 (6) Members appointed to the commission by the Governor 10 shall receive $100 per day for each day actually engaged in 11 the business of the commission as compensation for serving as 12 members and shall devote such time and effort to the 13 prosecution of the commission's business as is necessary to 14 fulfill the commission's obligations under law. Such members 15 shall also be entitled to reimbursement in accordance with 16 Commonwealth regulations for reasonable traveling, lodging 17 and other necessary expenses incurred in the discharge of 18 their duties. 19 (7) All members shall be employed or engaged in business 20 in this Commonwealth or, if retired, shall be residents of 21 this Commonwealth. 22 (8) A majority of the members of the commission shall 23 constitute a quorum. All decisions shall require the 24 concurrence of a majority of the members of the commission. 25 The commission shall keep a full and accurate record of all 26 proceedings and of all resolutions, regulations and orders 27 issued or adopted. 28 Section 4. Establishment of fund. 29 (a) Fund established.--There is hereby established a fund, 30 which shall be an interest-bearing restricted revenue account, 19870H0441B3938 - 4 -
1 in which shall be deposited such moneys as are appropriated, 2 given, granted or donated to the commission, or to the program 3 provided for in this act, by the Federal Government, the 4 Commonwealth or any other governmental or private agency or 5 person. 6 (b) Use of fund.--Moneys deposited in the fund and interest 7 earned on moneys deposited in the fund shall be used solely for 8 the purpose of carrying out the provisions of this act. 9 Section 5. Powers and duties of commission. 10 The commission shall have the following powers and duties: 11 (1) To adopt, issue, amend and rescind suitable rules 12 and regulations to carry out the provisions and purposes of 13 this act. 14 (2) To hear and determine all grants allowable under 15 this act. 16 (3) To receive funds from Federal, State and private 17 sources, to deposit the funds in an interest-bearing 18 restricted revenue account pursuant to section 4 and to 19 authorize expenditures from this fund for the purposes of 20 carrying out the provisions of this act. 21 (4) To coordinate animal health, animal research and 22 animal diagnostic programs in this Commonwealth, including, 23 but not limited to, those programs conducted at The 24 Pennsylvania State University, the Department of Agriculture 25 and the University of Pennsylvania: Provided, That this 26 coordination shall not affect the Department of Agriculture 27 in discharging its statutory and regulatory authority 28 concerning the prevention, control or eradication of 29 dangerous transmissible diseases of animals or birds. 30 (5) To make grants for, and acquire data regarding, 19870H0441B3938 - 5 -
1 animal health research, including, but not limited to: 2 (i) the determination of long-term animal health 3 trends within the animal health industry, with emphasis 4 upon those areas deemed most critical to the animal 5 agriculture producers, the nutrition and health of the 6 consumers, and the quality of life in rural communities; 7 (ii) the prioritization of animal health research 8 projects; 9 (iii) the maximization of receipt of grant funds 10 from Federal agencies for animal health research; 11 (iv) the maximization of receipt of funds from 12 private sources interested in animal health research; 13 (v) the distribution of funds for animal health 14 research projects to those institutions or agencies 15 within the Commonwealth which conduct contracted 16 diagnostic work in animal health; 17 (vi) the evaluation of factors involved in animal 18 health problems to determine which are biologic in origin 19 and which are caused by improper livestock management; 20 (vii) the computerized compilation, maintenance, 21 indexing and dissemination of animal health research 22 projects and results, where available, especially in 23 those cases where research was funded wholly or partially 24 by the Commonwealth; 25 (viii) the determination of the need for capital 26 funding for research facilities and equipment; 27 (ix) the conduct of annual surveys of the veterinary 28 medical profession, the food processing industries and 29 businesses related to livestock agriculture to isolate 30 trends or circumstances which may threaten animal or 19870H0441B3938 - 6 -
1 human health; and 2 (x) the exchange of biomedical research and 3 information between human health and animal health 4 sources, including the isolation of animal disease 5 models. 6 (6) To make grants for, and acquire data regarding, 7 animal disease diagnosis, including, but not limited to: 8 (i) the development of a coordinated reporting and 9 monitoring system for animal disease diagnosis; 10 (ii) the development of toxicological capabilities, 11 especially those related to a drug detection program for 12 horse racing and to a determination of animal health 13 problems because of the close proximity of animal 14 agriculture to mining and to oil and gas drilling; 15 (iii) the expansion of diagnostic virology 16 capabilities, especially those related to virus isolation 17 procedures; and 18 (iv) the determination of the need for capital 19 funding for animal disease diagnostic facilities and 20 equipment. 21 (7) To make recommendations to the General Assembly and 22 to the Department of Agriculture regarding animal health 23 research, animal disease diagnosis and indemnification for 24 losses caused by animal disease. 25 Section 6. Assistance by Department of Agriculture. 26 The Department of Agriculture shall assist the commission by 27 providing office space and such personnel and other 28 administrative support as needed for the execution of the 29 commission's function under this act. 30 Section 7. Grants. 19870H0441B3938 - 7 -
1 In exercising its powers and duties under other provisions of 2 this act and in order to improve the diagnostic capabilities of 3 the Commonwealth and reduce the costs associated with animal 4 disease, the commission shall make grants for research, 5 diagnosis, control and prevention of animal disease. The grants 6 shall be made only to those accredited institutions of higher 7 education and those agencies and organizations which are located 8 within this Commonwealth and devoted to animal health. A 9 proposal for a grant shall specify the nature of the research or 10 other work to be carried out and the anticipated benefits to the 11 Commonwealth. Amounts may be granted for the investigation of 12 particular diseases and for personnel, projects and facilities 13 related to animal disease in general. Proposals for grants shall 14 be filed with the commission in such manner as the commission 15 shall by regulation require. 16 Section 8. Effective date. 17 This act shall take effect in 60 days. A27L03JAM/19870H0441B3938 - 8 -