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        PRIOR PRINTER'S NOS. 905, 1512, 2263,         PRINTER'S NO. 2685
        2574

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 815 Session of 2001


        INTRODUCED BY RYAN, PERZEL, DeWEESE, FEESE, BLAUM AND GANNON,
           FEBRUARY 26, 2001

        SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 16, 2001

                                     AN ACT

     1  Amending Title 1 (General Provisions) of the Pennsylvania
     2     Consolidated Statutes, further providing for notice for local
     3     or special legislation; reestablishing the Board of
     4     Commissioners on Uniform State Laws; and making repeals.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 1102(a) and (e) of Title 1 of the
     8  Pennsylvania Consolidated Statutes are amended to read:
     9  § 1102.  Publication of notice of application for local or
    10             special legislation.
    11     (a)  General rule.--No local or special bill[, either] to
    12  [repeal or] enact a local or special statute, shall be passed by
    13  the General Assembly, unless notice of the intention to apply
    14  therefor shall be published, once a week for four successive
    15  weeks, in not less than two newspapers of general circulation,
    16  and also in the legal journal, if any, published in the county
    17  or in each of the several counties where the matter or thing
    18  affected may be. Where the matter or thing affected is in a

     1  municipality, publication shall be made in two newspapers of
     2  general circulation published in such municipality, if any, and,
     3  if none, then in two newspapers published in the county, and, in
     4  either event, also in the legal journal, if any, published in
     5  the county. Where only one newspaper of general circulation is
     6  published in a county or in a municipality, publication in such
     7  one newspaper and in the legal journal, if any, shall be deemed
     8  sufficient.
     9     * * *
    10     (e)  Exception from notice requirement.--Notice shall not be
    11  required to be given under this section of a proposal to repeal
    12  a local or special statute by [a] any of the following:
    13         (1)  A general bill which codifies, compiles or revises
    14     the law or any part thereof.
    15         (2)  A bill which:
    16             (i)  only eliminates obsolete statutory provisions;
    17         and
    18             (ii)  makes specific reference in its title to that
    19         elimination.
    20     Section 2.  Title 1 is amended by adding a part to read:
    21                PART VII.  MISCELLANEOUS PROVISIONS
    22  Chapter
    23  31.  Board of Commissioners on Uniform State Laws
    24                             CHAPTER 31
    25            BOARD OF COMMISSIONERS ON UNIFORM STATE LAWS
    26  Sec.
    27  3101.  Definitions.
    28  3102.  Board established.
    29  3103.  Powers and duties.
    30  § 3101.  Definitions.
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     1     The following words and phrases when used in this chapter
     2  shall have the meanings given to them in this section:
     3     "Board."  The Board of Commissioners on Uniform State Laws.
     4  § 3102.  Board established.
     5     (a)  Establishment.--The Board of Commissioners on Uniform
     6  State Laws is reestablished within the Office of General
     7  Counsel.
     8     (b)  Composition.--The board shall be composed of nine
     9  commissioners, learned in the law:
    10         (1)  The Governor shall appoint three commissioners.
    11         (2)  The President pro tempore of the Senate shall
    12     appoint one commissioner.
    13         (3)  The Speaker of the House of Representatives shall
    14     appoint one commissioner.
    15         (4)  The Minority Leader of the Senate shall appoint one
    16     commissioner.
    17         (5)  The Minority Leader of the House of Representatives
    18     shall appoint one commissioner.
    19         (6)  The Attorney General shall serve as an ex officio
    20     commissioner.
    21         (7)  The General Counsel shall serve as an ex officio
    22     commissioner.
    23     (c)  Terms.--
    24         (1)  A commissioner under subsection (b)(1) shall serve a
    25     term of four years, calculated from the date of appointment.
    26         (2)  A commissioner under subsection (b)(2), (3), (4) or
    27     (5) shall serve at the pleasure of the appointing authority.
    28     (d)  Officers.--The General Counsel shall serve as chairman
    29  of the board.
    30     (e)  Quorum.--Five commissioners constitute a quorum.
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     1  § 3103.  Powers and duties.
     2     The board has the following powers and duties:
     3         (1)  To examine subjects it deems necessary.
     4         (2)  To ascertain the best means to effect an
     5     assimilation and uniformity of state legislation throughout
     6     the United States on the subjects examined under paragraph
     7     (1).
     8         (3)  To meet with the National Conference of
     9     Commissioners on Uniform State Laws, at annual and other
    10     sessions, to:
    11             (i)  promote uniformity of state legislation in the
    12         United States; and
    13             (ii)  join the conference in measures deemed most
    14         expedient to advance the objective of paragraphs (1) and
    15         (2).
    16     Section 3.  Members of the Board of Commissioners on Uniform
    17  State Laws on the effective date of this act shall continue as
    18  commissioners for the balance of their terms.
    19     Section 4.  The following acts and parts of acts are repealed
    20  to the extent specified:
    21     Section 1 of the act of April 20, 1917 (P.L.90, No.55),        <--
    22  entitled "An act validating, to the extent only that work has
    23  been actually done, contracts entered into by any county under
    24  the act of Assembly declared unconstitutional, approved May
    25  eleventh, one thousand nine hundred and nine, entitled 'An act
    26  providing for the construction, operation, and maintenance of
    27  public highways, bridges, and tunnels in the several counties of
    28  this Commonwealth; authorizing the taking of property for such
    29  improvement, and providing for the compensation therefor and the
    30  damages resulting from such taking; providing for the payment of
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     1  the costs and expenses incurred in such construction, operation,
     2  and maintenance; and authorizing the levy of a tax and the
     3  issuance of bonds to provide a fund for said purpose,' and
     4  providing for the payment by the county of such work as was done
     5  prior to the date on which said act was declared
     6  unconstitutional by the Supreme Court," absolutely.
     7     SECTION 1 OF THE ACT OF APRIL 20, 1917 (P.L.90, NO.54),        <--
     8  ENTITLED "AN ACT CONSTITUTING A BOARD OF COMMISSIONERS ON
     9  UNIFORM STATE LAWS; AUTHORIZING THE APPOINTMENT OF THE
    10  COMMISSIONERS, DEFINING THEIR DUTIES, AND PROVIDING FOR THEIR
    11  EXPENSES," ABSOLUTELY.
    12     Section 202 of the act of June 7, 1923 (P.L.498, No.274),
    13  known as The Administrative Code, to the extent that it places
    14  the Board of Commissioners on Uniform State Laws in the
    15  Department of Justice.
    16     Sections 404 and 910 of the act of April 9, 1929 (P.L.177,
    17  No.175), known as The Administrative Code of 1929, absolutely.
    18     Section 5.  This act shall take effect immediately.








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