Section 19.435. Amendatory act to reestablish agency

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.’’

Section 2. Sections 419 and 2112 of the act of April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929, are repealed.

Section 3. This act, with respect to the State Board of Funeral Directors, constitutes the legislation required to reestablish an agency under the act of December 22, 1981 (P. L. 508, No. 142), known as the Sunset Act.

Section 4. The presently confirmed members of the existing State Board of Funeral Directors, as of December 31, 1984, shall continue to serve as members of the State Board of Funeral Directors until their present terms of office expire.

Section 5. Each rule and regulation of the State Board of Funeral Directors in effect on December 31, 1984, shall remain in effect after December 31, 1984, until repealed or amended by the State Board of Funeral Directors.

Section 6. This act shall be retroactive to December 31, 1984, if enacted after that date.

Section 7. This act shall take effect immediately.