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SENATE AMENDED
PRIOR PRINTER'S NOS. 0184, 0353, 1189
PRINTER'S NO. 4120
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
192
Session of
2015
INTRODUCED BY GILLEN, READSHAW, BARRAR, BAKER, JAMES, BOBACK,
D. COSTA, COX, A. HARRIS, COHEN, MILLARD, METCALFE, DUSH,
MURT, EVERETT, DeLUCA, GABLER, R. BROWN, KORTZ, DAVIS AND
WATERS, JANUARY 23, 2015
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 25, 2016
AN ACT
Amending the act of August 5, 1941 (P.L.752, No.286), entitled
"An act regulating and improving the civil service of certain
departments and agencies of the Commonwealth; vesting in the
State Civil Service Commission and a Personnel Director
certain powers and duties; providing for classification of
positions, adoption of compensation schedules and
certification of payrolls; imposing duties upon certain
officers and employes of the Commonwealth; authorizing
service to other State departments or agencies and political
subdivisions of the Commonwealth in matters relating to civil
service; defining certain crimes and misdemeanors; imposing
penalties; making certain appropriations, and repealing
certain acts and parts thereof," further providing IN CIVIL
SERVICE COMMISSION AND EXECUTIVE DIRECTOR AND THEIR POWERS,
FURTHER PROVIDING FOR CIVIL SERVICE COMMISSION, for powers
and duties of director. AND FOR SERVICE TO STATE DEPARTMENTS,
BOARDS AND COMMISSIONS OR AGENCIES AND POLITICAL SUBDIVISIONS
AND COOPERATION WITH OTHER CIVIL SERVICE AGENCIES; AND, IN
SELECTION OF EMPLOYEES FOR ENTRANCE TO OR PROMOTION IN THE
CLASSIFIED SERVICE, FURTHER PROVIDING FOR NATURE OF
EXAMINATIONS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 206 of the act of August 5, 1941
(P.L.752, No.286), known as the Civil Service Act, is amended by
adding a paragraph to read:
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SECTION 1. SECTION 201 OF THE ACT OF AUGUST 5, 1941
(P.L.752, NO.286), KNOWN AS THE CIVIL SERVICE ACT, AMENDED
OCTOBER 5, 2011 (P.L.310, NO.76), IS AMENDED TO READ:
SECTION 201. STATE CIVIL SERVICE COMMISSION.--(A) THE STATE
CIVIL SERVICE COMMISSION SHALL CONSIST OF THREE FULL-TIME
MEMBERS, NOT MORE THAN TWO OF WHOM SHALL BE OF THE SAME
POLITICAL AFFILIATION, APPOINTED BY THE GOVERNOR, WITH THE
ADVICE AND CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE
SENATE. EACH APPOINTMENT SHALL BE FOR A TERM OF SIX YEARS OR
UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. THE MEMBERS OF THE
COMMISSION SHALL HOLD NO OTHER PUBLIC POSITION TO WHICH A SALARY
IS ATTACHED. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS AS
CHAIRMAN. NO COMMISSION MEMBER SHALL HOLD ANY OFFICE OR
POSITION, THE DUTIES OF WHICH ARE INCOMPATIBLE WITH HIS OFFICIAL
DUTIES. AT LEAST ONE MEMBER OF THE COMMISSION MUST BE A VETERAN.
(B) THE CHAIRMAN OF THE COMMISSION SHALL RECEIVE A SALARY OF
SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) PER ANNUM. EACH OTHER
MEMBER OF THE COMMISSION SHALL RECEIVE A SALARY OF SIXTY-TWO
THOUSAND FIVE HUNDRED DOLLARS ($62,500.00) PER ANNUM.
(B.1) THE COMMISSIONERS SHALL RECEIVE ANNUAL COST-OF-LIVING
INCREASES UNDER SECTION 3(E) OF THE ACT OF SEPTEMBER 30, 1983
(P.L.160, NO.39), KNOWN AS THE "PUBLIC OFFICIAL COMPENSATION
LAW." EACH COMMISSIONER SHALL BE ENTITLED TO RECEIVE ACTUAL
TRAVELING EXPENSES.
(C) ANY PERSON APPOINTED AS A MEMBER OF THE COMMISSION SHALL
BE A CITIZEN AND LEGAL RESIDENT OF THE COMMONWEALTH FOR A PERIOD
OF NOT LESS THAN ONE YEAR WHO IS IN SYMPATHY WITH MODERN
PERSONNEL METHODS AND THE APPLICATION OF MERIT PRINCIPLES TO
PUBLIC EMPLOYMENT. NO PERSON WHO[, WITHIN ONE YEAR PRECEDING HIS
APPOINTMENT, HAS BEEN AN OFFICER OF A POLITICAL PARTY] HOLDS OR
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CAMPAIGNS FOR ANY OTHER PUBLIC OFFICE, HOLDS OFFICE IN A
POLITICAL PARTY OR POLITICAL COMMITTEE, ACTIVELY PARTICIPATES IN
OR CONTRIBUTES TO A POLITICAL CAMPAIGN, DIRECTLY OR INDIRECTLY
ATTEMPTS TO INFLUENCE A DECISION BY A GOVERNMENTAL BODY OTHER
THAN A COURT OF LAW OR AS A REPRESENTATIVE OF THE COMMISSION ON
A MATTER WITHIN THE JURISDICTION OF THE COMMISSION OR IS
EMPLOYED BY THE COMMONWEALTH OR A POLITICAL SUBDIVISION IN ANY
OTHER CAPACITY, WHETHER OR NOT FOR COMPENSATION, SHALL BE
ELIGIBLE TO SERVE AS A COMMISSIONER. THE GOVERNOR MAY REMOVE ANY
MEMBER OF THE COMMISSION, BUT ONLY FOR INCOMPETENCE,
INEFFICIENCY, NEGLECT OF DUTY, MALFEASANCE OR MISFEASANCE IN
OFFICE BY GIVING SUCH MEMBER A STATEMENT IN WRITING OF THE
CHARGES AGAINST HIM AND AFFORDING HIM, AFTER NOTICE OF NOT LESS
THAN TEN DAYS, AN OPPORTUNITY OF MAKING WRITTEN ANSWER AND, UPON
REQUEST, BEING PUBLICLY HEARD IN PERSON AND BY COUNSEL. A COPY
OF THE CHARGES AND ANSWER OF THE GOVERNOR'S FINDINGS AND A
TRANSCRIPT OF THE RECORD SHALL BE FILED WITH THE SECRETARY OF
THE COMMISSION.
SECTION 2. SECTION 206 OF THE ACT IS AMENDED BY ADDING A
PARAGRAPH TO READ:
Section 206. Powers and Duties of Director.--Under the
direction and supervision of the commission, the director,
except as otherwise provided in this act, shall direct and
supervise the administrative work of the commission. The
director shall have power and the duty--
* * *
(11) To advertise, on the commission's publicly accessible
Internet website and in all commission announcements,
advertisements and examination materials, that veterans'
preference is the law of this Commonwealth and that, to
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determine standing on all certified eligibility lists, an
additional ten points will be applied to the final examination
score obtained by a veteran, in accordance with 51 Pa.C.S. §
7103 (relating to additional points in grading civil service
examinations), and by a qualified surviving spouse of a deceased
veteran and a qualified spouse of a veteran who is disabled THE
SAME PREFERENTIAL RATING GIVEN TO VETERANS UNDER THIS CHAPTER
SHALL BE EXTENDED TO INCLUDE SPOUSES , in accordance with 51
Pa.C.S. § 7108 (relating to preference of spouses).
SECTION 3. SECTION 212(D) OF THE ACT, AMENDED MAY 21, 1943
(P.L.516, NO.231), IS AMENDED TO READ:
SECTION 212. SERVICE TO STATE DEPARTMENTS, BOARDS AND
COMMISSIONS OR AGENCIES AND POLITICAL SUBDIVISIONS; COOPERATION
WITH OTHER CIVIL SERVICE AGENCIES.--* * *
(D) THE COMMISSION SHALL HAVE POWER FROM TIME TO TIME TO
ENTER INTO AGREEMENTS WITH OTHER PUBLIC PERSONNEL AGENCIES IN
THIS OR ANY OTHER STATE AND WITH AGENCIES OF THE FEDERAL
GOVERNMENT FOR THE PURPOSE OF USING AND EXCHANGING INFORMATION
AND SERVICES. THE COMMISSION SHALL ENTER INTO AN AGREEMENT TO
UTILIZE THE FORM AND METHOD OF AN EMPLOYMENT APPLICATION THAT IS
STANDARD ACROSS DEPARTMENTS AND AGENCIES THAT ARE UNDER THE
GOVERNOR'S JURISDICTION FOR THE PURPOSE OF ENTRANCE TO, OR
PROMOTION IN, THE CLASSIFIED SERVICE. THE COMMISSION SHALL HAVE
POWER TO BECOME A MEMBER OF OR SUBSCRIBE TO ANY ASSOCIATION OR
SERVICE HAVING AS ITS PURPOSE THE INTERCHANGE OF INFORMATION
RELATING TO THE TECHNIQUE OF PERSONNEL ADMINISTRATION.
SECTION 4. SECTION 502 OF THE ACT, AMENDED NOVEMBER 27, 2002
(P.L.1129, NO.140), IS AMENDED TO READ:
SECTION 502. NATURE OF EXAMINATIONS.--[THE DIRECTOR SHALL
GIVE EXAMINATIONS] EXAMINATIONS SHALL BE CONDUCTED TO ESTABLISH
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EMPLOYMENT AND PROMOTION LISTS. SUCH EXAMINATIONS MAY BE WRITTEN
OR ORAL, OR A DEMONSTRATION OF SKILL, OR AN EVALUATION OF
EXPERIENCE AND EDUCATION, OR A COMBINATION OF THESE, WHICH SHALL
FAIRLY APPRAISE THE FITNESS AND ABILITY OF COMPETITORS. THE
APPOINTING AUTHORITY SHALL SELECT THE METHOD OF EXAMINATION THAT
SHALL BE USED FOR THE INDIVIDUAL POSITION OR THE CLASS OF
POSITIONS FOR WHICH THE EMPLOYMENT OR PROMOTION LIST IS BEING
ESTABLISHED. SUCH EXAMINATIONS SHALL BE PRACTICAL IN CHARACTER
AND SHALL RELATE TO THE DUTIES AND RESPONSIBILITIES OF THE
POSITION FOR WHICH THE APPLICANT IS BEING EXAMINED AND SHALL
FAIRLY TEST THE RELATIVE CAPACITY AND FITNESS OF PERSONS
EXAMINED TO PERFORM THE DUTIES OF THE CLASS OF POSITIONS TO
WHICH THEY SEEK TO BE APPOINTED OR PROMOTED. AN APPLICANT MAY BE
REQUIRED TO POSSESS SCHOLASTIC EDUCATION QUALIFICATIONS ONLY IF
THE POSITION FOR WHICH THE APPLICANT IS BEING EXAMINED REQUIRES
PROFESSIONAL OR TECHNICAL KNOWLEDGES, SKILLS AND ABILITIES OR IF
SUCH SCHOLASTIC QUALIFICATIONS ARE REQUIRED TO ASSURE THE
CONTINUED ELIGIBILITY OF THE COMMONWEALTH FOR FEDERAL GRANTS-IN-
AID. NO GREATER CREDIT FOR EXPERIENCE GAINED DURING A
PROVISIONAL, EMERGENCY OR TEMPORARY APPOINTMENT UNDER THIS ACT
OR ACTS REPEALED HEREBY SHALL BE GIVEN TO ANY PERSON IN ANY
EXAMINATION THAN IS GIVEN IN SUCH EXAMINATION FOR EXPERIENCE IN
THE SAME TYPE OF WORK PERFORMED IN A SIMILAR POSITION NOT UNDER
THE PROVISIONS OF THIS ACT OR ACTS REPEALED HEREBY. IN
EVALUATING EXPERIENCE IN ORDER TO COMPUTE THE FINAL RATING IN
ANY EXAMINATION TO ESTABLISH EMPLOYMENT AND PROMOTION LISTS,
PERSONS DISCHARGED OTHER THAN DISHONORABLY, AFTER ACTIVE SERVICE
DURING ANY WAR OR ARMED CONFLICT IN WHICH THE UNITED STATES
ENGAGED, FROM ANY BRANCH OF THE ARMED SERVICE OF THE UNITED
STATES, OR FROM ANY WOMEN'S UNIFORMED SERVICE DIRECTLY CONNECTED
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THEREWITH, SHALL NOT BE GIVEN LESS CREDIT FOR EXPERIENCE THAN
WOULD BE GIVEN FOR CONTINUED EXPERIENCE IN THE POSITION HELD AT
THE TIME OF INDUCTION IN THE SERVICE. NO QUESTION IN ANY
EXAMINATION SHALL RELATE TO THE RACE, GENDER, RELIGION OR
POLITICAL OR LABOR UNION AFFILIATION OF THE CANDIDATE.
Section 2 5. This act shall take effect in 60 days
IMMEDIATELY.
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