PRINTER'S NO. 332

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 301 Session of 1975


        INTRODUCED BY ANDERSON, GEESEY, LEHR, A. C. FOSTER JR., DORR,
           S. E. HAYES JR., DIETZ AND MEBUS, FEBRUARY 10, 1975

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 1975

                                     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," providing that the
    21     Department of Justice shall furnish legal opinions to the
    22     General Assembly on certain matters.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  Section 902, act of April 9, 1929 (P.L.177,
    26  No.175), known as "The Administrative Code of 1929," amended
    27  December 17, 1970 (P.L.935, No.292), is amended by adding a
    28  clause to read:

     1     Section 902.  Legal Advice.--The Department of Justice shall
     2  have the power, and its duty shall be:
     3     (a)  To furnish legal advice to the Governor, and to all
     4  administrative departments, other than the Department of the
     5  Auditor General, boards, commissions, and officers of the State
     6  Government, concerning any matter or thing arising in connection
     7  with the exercise of the official powers or the performance of
     8  the official duties of the Governor, or such administrative
     9  departments, boards, commissions, or officers;
    10     (b)  To supervise, direct and control all of the legal
    11  business of every administrative department, other than the
    12  Department of the Auditor General, board, and commission of the
    13  State Government.
    14     (c)  To furnish official legal opinions, upon request, to any
    15  member of the General Assembly on matters arising in connection
    16  with the exercise of the official powers or duties of all
    17  administrative departments, boards, agencies or commissions.
    18     Section 2.  This act shall take effect 60 days from the date
    19  of enactment.








    A28L55RZ/19750H0301B0332         - 2 -