PRINTER'S NO. 2829
No. 2222 Session of 1978
INTRODUCED BY WISE, HARPER, IRVIS, MANDERINO, REED, FLAHERTY,
DAVIES, GLEESON, J. L. WRIGHT JR., MEBUS, BROWN, HOEFFEL,
KUKOVICH, COLE, RHODES, ITKIN, HASKELL, MILANOVICH, COHEN,
O'DONNELL, SWEET, ZEARFOSS, LEVIN, HONAMAN, E. Z. TAYLOR,
PICCOLA, SCIRICA, COWELL, WILSON, M. H. GEORGE, GILLETTE,
KERNICK, POTT, RICHARDSON AND WHITE, APRIL 3, 1978
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 1978
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 for equal rights
21 between men and women.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Subsection (b) of section 205, act of April 9,
25 1929 (P.L.177, No.175), known as "The Administrative Code of
1 1929," amended December 28, 1972 (P.L.1649, No.349), is amended
2 to read:
3 Section 205. Pennsylvania State Police.--* * *
4 (b) The State Police Force shall consist of such number of
5 officers and [men] enlisted personnel, and shall be organized in
6 such manner, as the Commissioner of Pennsylvania State Police,
7 with the approval of the Governor, shall from time to time
8 determine: Provided, however, That during the fiscal year 1971-
9 1972, the number of officers and [men] enlisted personnel shall
10 not exceed in the aggregate at any time, three thousand seven
11 hundred ninety persons, and during the fiscal year 1972-1973 and
12 thereafter, the number of officers and [men] enlisted personnel
13 shall not exceed in the aggregate at any time three thousand
14 nine hundred and forty persons. State policemen, both officers
15 and [men] enlisted personnel, assigned to duty with the
16 Pennsylvania Turnpike Commission, shall not be counted in
17 determining the total number of officers and [men] enlisted
18 personnel in the State Police Force.
19 * * *
20 Section 2. Section 445 of the act, amended June 21, 1937
21 (P.L.1865, No.373), is amended to read:
22 Section 445. The Industrial Board.--The Industrial Board
23 shall consist of the Secretary of Labor and Industry, and four
24 additional members, one of whom shall be an employer of labor
25 and one a wage earner [and one a woman], provided, however, the
26 board shall not be composed entirely of members of one sex. The
27 Secretary of Labor and Industry shall be the [chairman] chair of
28 the board.
29 Three members of the board shall be a quorum.
30 The members of the Industrial Board, other than the
19780H2222B2829 - 2 -
1 [chairman] chair, shall receive fifteen dollars per day while in
2 the performance of their official duties.
3 Section 3. Clause (d) of section 1411 of the act, amended
4 July 22, 1969 (P.L.174, No.72), is amended to read:
5 Section 1411. State Veterans Commission.--The State Veterans
6 Commission shall have the power, and its duty shall be:
7 * * *
8 (d) To expend funds, appropriations to or for it, for the
9 purpose of providing the necessities of life, and to otherwise
10 assist such Pennsylvania veterans of any war or armed conflict,
11 or the [widows] surviving spouses and infant children or
12 dependents of such veterans as are sick, disabled or indigent,
13 and who are without means for planning and providing for the
14 rehabilitation and care of veterans.
15 Such expenditures shall be made for the stated purposes by
16 the issuance of checks in direct payment to the veteran, [widow]
17 surviving spouse or proper representative of infant children or
18 dependents in accordance with rules, regulations and standards
19 established by the State Veterans Commission. In no event shall
20 payments made by the State Veterans Commission exceed the
21 maximum assistance payable under the "Public Assistance Law" and
22 no payments shall be made in the form of relief orders.
23 * * *
24 Section 4. The introductory paragraph and clause (b) of
25 section 2404 of the act, clause (b) amended July 20, 1968
26 (P.L.457, No.215), are amended to read:
27 Section 2404. Bonds and Liability Insurance.--The Department
28 of [Property and Supplies] General Services shall have the
29 power, and its duty shall be:
30 * * *
19780H2222B2829 - 3 -
1 (b) To procure automobile liability insurance, covering
2 vehicles owned by the Commonwealth of Pennsylvania or the United
3 States of America or its instrumentalities, which are loaned to
4 and operated by State officers or employes or officers and
5 enlisted [men] personnel of the Pennsylvania National Guard, the
6 Pennsylvania Reserve Corps or its successor, and to procure
7 public liability insurance covering all State employes,
8 including members of boards and commissions, while engaged in
9 the performance of their duties, and to purchase such insurance
10 on a group basis, or otherwise, and the issuance of such
11 insurance for State employes by any duly authorized insurance
12 company in Pennsylvania, is hereby declared to be lawful, and,
13 in the department's discretion, to purchase excess fire
14 insurance on State buildings, and any other kind of insurance
15 which it may be lawful for the Commonwealth, or any department,
16 board, commission, or officer thereof, to carry and for which an
17 appropriation has been made to the department, or to any other
18 administrative department, board, or commission.
19 The department shall pay for such insurance, out of the
20 moneys appropriated to it, except that it shall not pay for
21 insurance covering--(1) officers, employes, or property of the
22 departments, boards, and commissions, whose expenses are wholly
23 paid out of funds other than the General Fund of the State
24 Treasury; or (2) officers, employes, and property of
25 departments, boards, and commissions receiving appropriations
26 out of the General Fund for such purpose. Insurance covering the
27 officers, employes, and property of such departments, boards,
28 and commissions shall be paid for out of the special funds
29 appropriated to them, or out of the moneys of the General Fund,
30 appropriated to them, as the case may be.
19780H2222B2829 - 4 -
1 All automobile liability insurance procured by the Department
2 of [Property and Supplies] General Services hereunder shall
3 protect both the Commonwealth and the State officer or employe
4 operating the vehicle, or State officers and employes and
5 officers and enlisted [men] personnel of the Pennsylvania
6 National Guard, the Pennsylvania Reserve Corps, or its successor
7 operating vehicles loaned by the Federal Government, against
8 claims for damages for injury to person or property, within such
9 limits as the department, with the approval of the Executive
10 Board shall prescribe.
11 Section 5. Clause (d) of section 2702 of the act, amended
12 April 25, 1949 (P.L.729, No.180), is amended to read:
13 Section 2702. Enforcement of Fish Laws.--The Pennsylvania
14 Fish Commission shall have the power, and its duty shall be:
15 * * *
16 (d) To appoint such number of competent [men] persons as in
17 its opinion may be needed to discharge properly the duties
18 devolving upon said commission, whose powers and duties are
19 hereinafter defined and who shall be known as fish wardens. Such
20 number shall include [men] persons appointed fish wardens and
21 detailed to such administrative or office duty as in the opinion
22 of the commission may be advisable. The commission shall also
23 appoint such employes and stenographers as may be deemed
24 necessary.
25 The compensation and duties of such fish wardens, employes
26 and stenographers shall be fixed by the commission. All fish
27 wardens and such other employes as the commission may designate
28 shall give a bond in the amount of one thousand dollars ($1000),
29 unless a larger amount is required by the commission.
30 Fish wardens and all other employes shall be removable at the
19780H2222B2829 - 5 -
1 discretion of the commission or may be suspended without
2 compensation by the director pending action of the commission:
3 Provided, however, That prior to such removal, all fish wardens
4 and other regular employes shall be given a fair and impartial
5 hearing before the commission's established trial board, unless
6 the employe waives such hearing. The trial board's findings and
7 recommendations shall be given due consideration by the
8 commission.
9 * * *
10 Section 6. This act shall take effect in 60 days.
L7L11HVY/19780H2222B2829 - 6 -