S0764B0889A04695 NES:JMT 06/13/22 #90 A04695
AMENDMENTS TO SENATE BILL NO. 764
Sponsor: REPRESENTATIVE GROVE
Printer's No. 889
Amend Bill, page 1, lines 22 through 24, by striking out
"providing for" in line 22 and all of lines 23 and 24 and
inserting
further providing for powers and duties in general.
Amend Bill, page 1, lines 27 through 29; page 2, lines 1
through 30; page 3, lines 1 through 5; by striking out all of
said lines on said pages and inserting
Section 1. Section 801 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, amended July
9, 2021 (P.L.377, No.70), is amended to read:
Section 801. Powers and Duties in General.--(a) The
Department of State shall, subject to any inconsistent
provisions in this act contained, continue to exercise the
powers and perform the duties heretofore by law vested in and
imposed upon the Department of the Secretary of the
Commonwealth, and the several bureaus thereof, the Department of
State and Finance, the Department of State, and the Secretary of
the Commonwealth.
(b) Additional powers and duties shall be as follows:
(1) (i) No later than 14 days prior to the publication of a
proposed constitutional amendment by the Secretary of the
Commonwealth under section 1 of Article XI of the Constitution
of Pennsylvania or as soon as practical prior to publication of
[an] a proposed emergency constitutional amendment under section
1 of Article XI of the Constitution of Pennsylvania, the
Secretary of the Commonwealth shall notify the following of the
date on which publication under Article XI of the Constitution
of Pennsylvania will be completed:
(A) Each member of the General Assembly.
(B) The Secretary of the Senate, who shall have the notice
read into the journal of the Senate.
(C) The Chief Clerk of the House of Representatives, who
shall read the notice into the journal of the House of
Representatives.
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(D) The Parliamentarian of the House of Representatives.
(E) The Legislative Reference Bureau, which shall publish
the notice in the Pennsylvania Bulletin.
(ii) Failure of the Secretary of the Commonwealth to comply
with clause (i) shall not impact the effectiveness of the
proposed constitutional amendment.
(2) [(Reserved).] (i) No later than 14 days after the
publication of a proposed constitutional amendment by the
Secretary of the Commonwealth under section 1 of Article XI of
the Constitution of Pennsylvania, the Secretary of the
Commonwealth shall certify to the following that the publication
has been completed in compliance with the requirements of
section 1 of Article XI of the Constitution of Pennsylvania:
(A) Each member of the General Assembly.
(B) The Secretary of the Senate, who shall have the
certification read into the journal of the Senate.
(C) The Chief Clerk of the House of Representatives, who
shall read the certification read into the journal of the House
of Representatives.
(D) The Parliamentarian of the House of Representatives.
(E) The Legislative Reference Bureau, which shall publish
notice of the certification in the Pennsylvania Bulletin.
(ii) Failure of the Secretary of the Commonwealth to comply
with clause (i) shall not impact the effectiveness of the
proposed constitutional amendment.
(3) The Secretary of the Commonwealth shall designate in
writing a deputy to oversee the activities undertaken by
employes of the Department of State to assist the Secretary of
the Commonwealth in carrying out his or her duties under section
1 of Article XI of the Constitution of Pennsylvania. The deputy
designated under this paragraph shall take physical custody of
each proposed constitutional amendment upon receipt by the
Department of State and shall track the compliance with the
written policies under paragraph (4)(i) and the overall progress
of the required publication under section 1 of Article XI of the
Constitution of Pennsylvania.
(4) (i) The Secretary of the Commonwealth, in consultation
with the Office of General Counsel, shall establish a written
policy to instruct employes of the Department of State on the
internal and sequential procedures necessary to properly receive
proposed constitutional amendments passed by the General
Assembly and to complete the publication of a proposed
constitutional amendment under section 1 of Article XI of the
Constitution of Pennsylvania. The written policy under this
clause shall do all of the following:
(A) Assign specific duties to specific bureaus and offices
within the Department of State.
(B) Provide for necessary safeguards and reviews to ensure
the proper publication of all proposed constitutional amendments
as required under section 1 of Article XI of the Constitution of
Pennsylvania.
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(C) Provide for periodic training of employes assigned
duties under the written policies. The training shall be
conducted by the deputy designated under paragraph (3) and the
Office of General Counsel. Upon request, the Legislative
Reference Bureau shall assist in the preparation of the training
under this clause.
(D) Provide direction that an employe with a question about
the procedures shall consult with the deputy designated under
paragraph (3).
(ii) The Department of State shall submit a copy of the
written policies under this clause to the Legislative Reference
Bureau.
(iii) A copy of the policy under clause (i) shall be given
to each employe who has duties under the policy upon hiring and
no later than February of each odd-numbered year. An employe
receiving a copy of the policy under this clause shall execute a
form stating that he or she is aware of and understands how to
complete the duties under the policy. A copy of the executed
form shall be maintained within the employe's personnel file in
accordance with the generally applicable document retention
policy.
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