PRINTER'S NO. 972
No. 853 Session of 1985
INTRODUCED BY RICHARDSON, KUKOVICH, DeLUCA, CALTAGIRONE, TRUMAN,
OLIVER, CARN, WOZNIAK, STEWART, COHEN, HARPER, MANDERINO,
DEAL, FATTAH, PRESTON, PISTELLA, SEVENTY, MARKOSEK, WAMBACH,
VAN HORNE, R. C. WRIGHT AND DeLUCA, APRIL 10, 1985
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, APRIL 10, 1985
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," creating the Department of
21 Housing; defining its powers and duties; providing for the
22 appointment of a Secretary of Housing; transferring certain
23 personnel, allocations, appropriations, etc. of the
24 Department of Community Affairs to the Department of Housing;
25 and making certain repeals.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Sections 201, 206 and 207.1(d)(1) of the act of
1 act of April 9, 1929 (P.L.177, No.175), known as The
2 Administrative Code of 1929, amended December 30, 1984 (P.L. ,
3 No.245), are amended to read:
4 Section 201. Executive Officers, Administrative Departments
5 and Independent Administrative Boards and Commissions.--(a) The
6 executive and administrative work of this Commonwealth shall be
7 performed by the Executive Department, consisting of the
8 Governor, Lieutenant Governor, Secretary of the Commonwealth,
9 Attorney General, Auditor General, State Treasurer, and
10 Secretary of Education; by the Executive Board, and the
11 Pennsylvania State Police; by the following administrative
12 departments: Department of State, Office of Attorney General,
13 Department of Corrections, Department of the Auditor General,
14 Treasury Department, Department of Education, Department of
15 Military Affairs, Insurance Department, Department of Banking,
16 Department of Agriculture, Department of Transportation,
17 Department of Health, Department of Labor and Industry,
18 Department of Aging, Department of Public Welfare, Department of
19 General Services, Department of Revenue, Department of Commerce,
20 Department of Community Affairs, Department of Housing and
21 Department of Environmental Resources; and by the following
22 independent administrative boards and commissions: Pennsylvania
23 Game Commission, Pennsylvania Fish Commission, State Civil
24 Service Commission, Pennsylvania Public Utility Commission, the
25 Pennsylvania Historical and Museum Commission and the
26 Pennsylvania Securities Commission.
27 (b) All of the provisions of this act, which apply generally
28 to administrative departments, or generally except to the
29 Department of the Auditor General, the Treasury Department and
30 the Office of Attorney General, shall apply to the Executive
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1 Board and to the Pennsylvania State Police.
2 Section 206. Department Heads.--(a) Each administrative
3 department shall have as its head an officer who shall, either
4 personally, by deputy, or by the duly authorized agent or
5 employe of the department, and subject at all times to the
6 provisions of this act, exercise the powers and perform the
7 duties by law vested in and imposed upon the department.
8 (b) The following officers shall be the heads of the
9 administrative departments following their respective titles:
10 Secretary of the Commonwealth, of the Department of State;
11 Auditor General, of the Department of the Auditor General;
12 State Treasurer, of the Treasury Department;
13 Attorney General, of the Office of Attorney General;
14 Secretary of Education, of the Department of Education;
15 Adjutant General, of the Department of Military Affairs;
16 Insurance Commissioner, of the Insurance Department;
17 Secretary of Banking, of the Department of Banking;
18 Secretary of Agriculture, of the Department of Agriculture;
19 Secretary of Transportation, of the Department of
20 Transportation;
21 Secretary of Health, of the Department of Health;
22 Secretary of Labor and Industry, of the Department of Labor
23 and Industry;
24 Secretary of Aging, of the Department of Aging;
25 Secretary of Public Welfare, of the Department of Public
26 Welfare;
27 Secretary of Revenue, of the Department of Revenue;
28 Secretary of Commerce, of the Department of Commerce;
29 Secretary of Community Affairs, of the Department of
30 Community Affairs;
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1 Secretary of Housing, of the Department of Housing;
2 Secretary of Environmental Resources, of the Department of
3 Environmental Resources;
4 Secretary of General Services, of the Department of General
5 Services;
6 Secretary of Corrections, of the Department of Corrections.
7 Section 207.1. Gubernatorial Appointments.--* * *
8 (d) The Governor shall nominate in accordance with the
9 provisions of the Constitution of the Commonwealth of
10 Pennsylvania and, by and with the advice and consent of a
11 majority of the members elected to the Senate appoint persons to
12 fill the following positions:
13 (1) The Secretary of Education, the Secretary of the
14 Commonwealth, the Adjutant General, the Insurance Commissioner,
15 the Secretary of Banking, the Secretary of Agriculture, the
16 Secretary of Transportation, the Secretary of Health, the
17 Commissioner of the State Police, the Secretary of Corrections,
18 the Secretary of Labor and Industry, the Secretary of Aging, the
19 Secretary of Public Welfare, the Secretary of General Services,
20 the Secretary of Revenue, the Secretary of Commerce, the
21 Secretary of Community Affairs, the Secretary of Housing and the
22 Secretary of Environmental Resources.
23 * * *
24 Section 2. The act is amended by adding an article to read:
25 ARTICLE XXV-D
26 POWERS AND DUTIES OF THE DEPARTMENT
27 OF HOUSING
28 Section 2501-D. Powers and Duties in General.--The
29 Department of Housing, hereinafter referred to in this article
30 as the department, shall, subject to any inconsistent provisions
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1 in this act contained, have the power and its duty shall be to:
2 (1) Coordinate all programs, grants and subsidies relating
3 to housing made available to municipalities by the Commonwealth
4 and by the Federal government.
5 (2) Develop and operate a central clearinghouse for
6 information and data relating to housing, including, but not
7 limited to, information concerning housing programs, grants and
8 subsidies available to municipalities and the procedures for
9 making application for such programs, grants and subsidies, and
10 solutions to recurring housing problems facing municipalities.
11 (3) Maintain liaison with municipalities of the Commonwealth
12 to assist such municipalities in improving housing.
13 (4) Review housing policy of the Commonwealth and of the
14 Federal government and advise municipalities concerning all
15 aspects of such policy.
16 (5) Conduct research into all facets of housing with special
17 emphasis on research into housing problems and, upon request of
18 a specific municipality, conduct, under contract mutually agreed
19 upon, extensive and continuous research on housing problems of
20 such municipality.
21 (6) Conduct investigations into and hold hearings on housing
22 problems.
23 (7) Provide direct consultive services to municipalities,
24 upon request, and staff services to special commissions, the
25 Governor or the Legislature, as directed, with regard to all
26 aspects of housing.
27 (8) Provide technical assistance and research to
28 municipalities participating in various housing programs.
29 (9) Coordinate and, whenever provided by law, supervise or
30 administer the various programs of State and Federal assistance
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1 and grants relating to housing, including, but not limited to,
2 redevelopment, urban renewal, urban planning assistance, Project
3 70, area development and revitalization of central city cores,
4 and to furnish comprehensive planning and technical assistance
5 on any program set forth in this article.
6 (10) Furnish assistance and advice to municipalities with
7 regard to the preparation and enforcement of housing codes and
8 ordinances.
9 (11) Aid in the preparation of and distribute handbooks,
10 research, financial and other reports relating to housing
11 derived from the activities of the department.
12 (12) Exercise those functions formerly vested in the
13 Department of Community Affairs relating to housing.
14 (13) Generally do any and all things necessary to make this
15 act effective.
16 (14) Make grants to any two or more counties, cities,
17 boroughs, incorporated towns, townships, or any other similar
18 general purpose unit of government which shall hereafter be
19 created by the General Assembly, or to any body which is
20 authorized to act in behalf of two or more units of government,
21 for the purpose of assisting them in acting in concert, in the
22 performance of any local governmental function or functions
23 relating to housing, for the purpose of conducting studies and
24 investigations to determine the feasibility and desirability of
25 acting in concert in the performance of local governmental
26 functions relating to housing.
27 Section 2502-D. Rules and Regulations.--The department may,
28 in the manner provided by law, promulgate the rules, regulations
29 and forms necessary to carry out this act.
30 Section 3. The Secretary of Housing shall receive an annual
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1 salary of $41,250, payable in semimonthly installments.
2 Section 4. All personnel, allocations, appropriations,
3 equipment, files, records, contracts, agreements, obligations,
4 and other materials which are used, employed or expended by the
5 Department of Community Affairs in connection with the powers,
6 duties or functions exercised under this act by the Department
7 of Housing are hereby transferred to the Department of Housing
8 with the same force and effect as if the appropriations had been
9 made to and said items had been the property of the Department
10 of Housing in the first instance and as if said contracts,
11 agreements and obligations had been incurred or entered into by
12 said Department of Housing.
13 Section 5. (a) All positions in the Department of Housing
14 shall be deemed to be included in the list of positions set
15 forth in section 3(d) of the act of August 5, 1941 (P.L.752,
16 No.286), known as the Civil Service Act, and the provisions and
17 benefits of that act shall be applicable to the employees of,
18 and positions in, the department.
19 (b) All personnel transferred to the Department of Housing
20 from other State agencies and departments pursuant to this act
21 shall retain any civil service or other employment status
22 assigned to said personnel in those departments and agencies
23 prior to the effective date of this act.
24 Section 6. All other acts and parts of acts are repealed
25 insofar as they are inconsistent with this act.
26 Section 7. Prior to the effective date of this act, the
27 Governor may nominate a Secretary of Housing, whose term of
28 office shall begin on the effective date hereof.
29 Section 8. This act shall take effect in 120 days.
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