Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 19 - FORMS › Subchapter G - MISCELLANEOUS FORMS › SUNSET REVIEW RESOLUTIONS AND STATUTES › Section 19.435 - Amendatory act to reestablish agency

Current through Register Vol. 54, No. 28, July 13, 2024
AN ACT
Amending the act of January 14, 1952 (1951 P. L. 1898,
						  No. 522), entitled, as amended, "An act to provide for the better protection of
						  life and health of the citizens of this Commonwealth by requiring and
						  regulating the examination, licensure and registration of persons and
						  registration of corporations engaging in the care, preparation and disposition
						  of the bodies of deceased persons, and providing penalties; providing for a
						  State Board of Funeral Directors in the Department of State, and repealing
						  other laws," reestablishing the State Board of Funeral Directors; providing for
						  its composition, powers and duties; and making repeals.
The General Assembly of the Commonwealth of
						  Pennsylvania hereby enacts as Follows:
Section
						1. The act of January 14, 1952 (1951 P. L. 1898, No. 522), known
						as the Funeral Director Law, is amended by adding a section to read:
Section 19.
State Board of Funeral
						  Directors.-
(a)
There
						shall be a State Board of Funeral Directors as a departmental administrative
						board in the Department of State. The board shall consist of the Commissioner
						of Professional and Occupational Affairs, the Director of the Bureau of
						Consumer Protection in the Office of Attorney General, or his designee, two
						members appointed by the Governor, who shall be persons representing the public
						at large, and five members appointed by the Governor who shall be licensed
						funeral directors of good moral character and who shall also have been actively
						engaged in the practice of funeral directing for at least ten years immediately
						preceding their appointment.
(b)
Professional and public members
						shall be appointed by the Governor with the advice and consent of the Senate
						for terms of five years. A member may continue to serve for a period not to
						exceed six months beyond the expiration of his term, if a successor has yet to
						be duly appointed and qualified according to law. If a member dies or resigns
						during his term of office, a successor shall be appointed as provided in this
						section and shall serve for the remainder of his predecessor's unexpired
						term.
(c)
Five
						members of the board shall constitute a quorum.
(d)
The board shall select a chairman
						from among its members and may elect a secretary from among its
						members.
(e)
The
						members of the board, other than the Commissioner of Professional and
						Occupational Affairs and the Director of the Bureau of Consumer Protection in
						the Office of Attorney General, or his designee, shall receive sixty dollars
						($60) per diem when actually engaged in the transaction of official business
						and shall also receive the amount of reasonable traveling, hotel and other
						necessary expenses incurred in the performance of their
						duties.
(f)
A member
						of the board who fails to attend three consecutive meetings shall forfeit his
						seat unless the Commissioner of Professional and Occupational Affairs, upon
						written request from the member, finds that the member should be excused from a
						meeting because of illness or the death of an immediate family
						member.
(g)
The board
						is subject to evaluation, review and termination within the time and in the
						manner provided in the act of December 22, 1981 (P. L. 508, No. 142), known as
						the "Sunset Act."