PRIOR PRINTER'S NOS. 905, 1512, 2263 PRINTER'S NO. 2574
No. 815 Session of 2001
INTRODUCED BY RYAN, PERZEL, DeWEESE, FEESE, BLAUM AND GANNON,
FEBRUARY 26, 2001
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
OCTOBER 1, 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 seven 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 (4) (6) The Attorney General shall serve as an ex <--
20 officio commissioner.
21 (5) (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) or (3), (3), <--
27 (4) OR (5) shall serve at the pleasure of the appointing
28 authority.
29 (d) Officers.--The General Counsel shall serve as chairman
30 of the board.
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1 (e) Quorum.--Four FIVE commissioners constitute a quorum. <--
2 § 3103. Powers and duties.
3 The board has the following powers and duties:
4 (1) To examine subjects it deems necessary.
5 (2) To ascertain the best means to effect an
6 assimilation and uniformity of state legislation throughout
7 the United States on the subjects examined under paragraph
8 (1).
9 (3) To meet with the National Conference of
10 Commissioners on Uniform State Laws, at annual and other
11 sessions, to:
12 (i) promote uniformity of state legislation in the
13 United States; and
14 (ii) join the conference in measures deemed most
15 expedient to advance the objective of paragraphs (1) and
16 (2).
17 Section 3. Members of the Board of Commissioners on Uniform
18 State Laws on the effective date of this act shall continue as
19 commissioners for the balance of their terms.
20 Section 4. The following acts and parts of acts are repealed
21 to the extent specified:
22 Section 1 of the act of April 20, 1917 (P.L.90, No.55),
23 entitled "An act validating, to the extent only that work has
24 been actually done, contracts entered into by any county under
25 the act of Assembly declared unconstitutional, approved May
26 eleventh, one thousand nine hundred and nine, entitled 'An act
27 providing for the construction, operation, and maintenance of
28 public highways, bridges, and tunnels in the several counties of
29 this Commonwealth; authorizing the taking of property for such
30 improvement, and providing for the compensation therefor and the
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1 damages resulting from such taking; providing for the payment of
2 the costs and expenses incurred in such construction, operation,
3 and maintenance; and authorizing the levy of a tax and the
4 issuance of bonds to provide a fund for said purpose,' and
5 providing for the payment by the county of such work as was done
6 prior to the date on which said act was declared
7 unconstitutional by the Supreme Court," absolutely.
8 Section 202 of the act of June 7, 1923 (P.L.498, No.274),
9 known as The Administrative Code, to the extent that it places
10 the Board of Commissioners on Uniform State Laws in the
11 Department of Justice.
12 Sections 404 and 910 of the act of April 9, 1929 (P.L.177,
13 No.175), known as The Administrative Code of 1929, absolutely.
14 Section 5. This act shall take effect immediately.
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