PRINTER'S NO. 2234

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1819 Session of 1979


        INTRODUCED BY RHODES, SCIRICA, FISHER, WHITE, IRVIS, SPENCER,
           MANDERINO, BERSON, LEVIN, WACHOB, KUKOVICH, MICHLOVIC, ALDEN,
           COHEN, DiCARLO, SWEET, A. K. HUTCHINSON, DeWEESE, RICHARDSON,
           PIEVSKY AND McVERRY, OCTOBER 11, 1979

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 11, 1979

                                     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 the Secretary
    21     and Department of Corrections.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  Section 201, act of April 9, 1929 (P.L.177,
    25  No.175), known as "The Administrative Code of 1929," amended
    26  June 20, 1978 (P.L.477, No.70), is amended to read:


     1     Section 201.  Executive Officers, Administrative Departments
     2  and Independent Administrative Boards and Commissions.--The
     3  executive and administrative work of this Commonwealth shall be
     4  performed by the Executive Department, consisting of the
     5  Governor, Lieutenant Governor, Secretary of the Commonwealth,
     6  Attorney General, Auditor General, State Treasurer, and
     7  Secretary of Education; by the Executive Board, and the
     8  Pennsylvania State Police; by the following administrative
     9  departments: Department of State, Department of Justice,
    10  Department of Corrections, Department of the Auditor General,
    11  Treasury Department, Department of Education, Department of
    12  Military Affairs, Insurance Department, Department of Banking,
    13  Department of Agriculture, Department of Transportation,
    14  Department of Health, Department of Labor and Industry,
    15  Department of Aging, Department of Public Welfare, Department of
    16  General Services, Department of Revenue, Department of Commerce,
    17  Department of Community Affairs and Department of Environmental
    18  Resources; and by the following independent administrative
    19  boards and commissions: Pennsylvania Game Commission,
    20  Pennsylvania Fish Commission, State Civil Service Commission,
    21  Pennsylvania Public Utility Commission, the Pennsylvania
    22  Historical and Museum Commission and the Pennsylvania Securities
    23  Commission.
    24     All of the provisions of this act, which apply generally to
    25  administrative departments, or generally except to the
    26  Department of the Auditor General and the Treasury Department,
    27  shall apply to the Executive Board and to the Pennsylvania State
    28  Police.
    29     Section 2.  As much as relates to the Department of Justice
    30  of section 202 of the act, amended July 9, 1976 (P.L.574,
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     1  No.139), is amended to read:
     2     Section 202.  Departmental Administrative Boards,
     3  Commissions, and Offices.--The following boards, commissions,
     4  and offices are hereby placed and made departmental
     5  administrative boards, commissions, or offices, as the case may
     6  be, in the respective administrative departments mentioned in
     7  the preceding section, as follows:
     8     * * *
     9     In the Department of Justice,
    10         Board of Pardons,
    11         Crime Victim's Compensation Board,
    12         Board of Commissioners on Uniform State Laws,
    13         Pennsylvania Crime Commission,
    14         [Board of Trustees of State Correctional Institution at
    15             Philadelphia,
    16         Board of Trustees of State Correctional Institution at
    17             Pittsburgh,
    18         Board of Trustees of State Correctional Institution at
    19             Rockview,
    20         Board of Trustees of State Correctional Institution at
    21             Graterford,
    22         Board of Trustees of State Correctional Institution at
    23             Huntingdon,
    24         Board of Trustees of State Correctional Institution at
    25             Camp Hill,
    26         Board of Trustees of State Correctional Institution at
    27             Muncy.]
    28     * * *
    29     Section 3.  Section 206 and clause (1) of subsection (d) of
    30  section 207.1 of the act, amended June 20, 1978 (P.L.477,
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     1  No.70), are amended to read:
     2     Section 206.  Department Heads.--Each administrative
     3  department shall have as its head an officer who shall, either
     4  personally, by deputy, or by the duly authorized agent or
     5  employe of the department, and subject at all times to the
     6  provisions of this act, exercise the powers and perform the
     7  duties by law vested in and imposed upon the department.
     8     The following officers shall be the heads of the
     9  administrative departments following their respective titles:
    10     Secretary of the Commonwealth, of the Department of State;
    11     Attorney General, of the Department of Justice;
    12     Auditor General, of the Department of the Auditor General;
    13     State Treasurer, of the Treasury Department;
    14     Secretary of Education, of the Department of Education;
    15     Adjutant General, of the Department of Military Affairs;
    16     Insurance Commissioner, of the Insurance Department;
    17     Secretary of Banking, of the Department of Banking;
    18     Secretary of Agriculture, of the Department of Agriculture;
    19     Secretary of Transportation, of the Department of
    20         Transportation;
    21     Secretary of Health, of the Department of Health;
    22     Secretary of Labor and Industry, of the Department of Labor
    23         and Industry;
    24     Secretary of Aging, of the Department of Aging;
    25     Secretary of Public Welfare, of the Department of Public
    26         Welfare;
    27     Secretary of Corrections, of the Department of Corrections;
    28     Secretary of Revenue, of the Department of Revenue;
    29     Secretary of Commerce, of the Department of Commerce;
    30     Secretary of Community Affairs, of the Department of
    19790H1819B2234                  - 4 -

     1         Community Affairs;
     2     Secretary of Environmental Resources, of the Department of
     3         Environmental Resources;
     4     Secretary of General Services, of the Department of General
     5         Services.
     6     Section 207.1.  Gubernatorial Appointments.--* * *
     7     (d)  The Governor shall nominate in accordance with the
     8  provisions of the Constitution of the Commonwealth of
     9  Pennsylvania and, by and with the advice and consent of a
    10  majority of the members elected to the Senate appoint persons to
    11  fill the following positions:
    12     (1)  The Attorney General, the Secretary of Education, the
    13  Secretary of the Commonwealth, the Adjutant General, the
    14  Insurance Commissioner, the Secretary of Banking, the Secretary
    15  of Agriculture, the Secretary of Transportation, the Secretary
    16  of Health, the Commissioner of the State Police, the Secretary
    17  of Labor and Industry, the Secretary of Aging, the Secretary of
    18  Public Welfare, the Secretary of Corrections, the Secretary of
    19  General Services, the Secretary of Revenue, the Secretary of
    20  Commerce, the Secretary of Community Affairs and the Secretary
    21  of Environmental Resources.
    22     * * *
    23     Section 4.  The act is amended by adding an article to read:
    24                            ARTICLE IX-B
    25         POWERS AND DUTIES OF THE DEPARTMENT OF CORRECTIONS
    26     Section 901-B.  Powers and Duties in General.--The Department
    27  of Corrections shall have the powers and duties granted to and
    28  imposed upon it pursuant to law.
    29     Section 5.  This act shall take effect on July 1 of the first
    30  fiscal year which occurs a full 12 months after the passage of
    19790H1819B2234                  - 5 -

     1  this act.




















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