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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1560, 2331, 4605,        PRINTER'S NO. 4731
        4680

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1331 Session of 2001


        INTRODUCED BY DeWEESE, BELARDI, SANTONI, HARHAI, WATERS, FEESE,
           BEBKO-JONES, FAIRCHILD, WOGAN, CALTAGIRONE, TANGRETTI,
           CAPPABIANCA, HERMAN, McCALL, MANN, GEORGE, ALLEN, CASORIO,
           TRAVAGLIO, RUBLEY, LAUGHLIN, B. SMITH, EACHUS, CAPPELLI,
           McGILL, PETRARCA, BASTIAN, PIPPY, COY, CORRIGAN, HANNA,
           WOJNAROSKI, ARGALL, THOMAS, TIGUE, TRELLO, DALEY, MANDERINO,
           READSHAW, J. EVANS, BELFANTI, MUNDY, ROSS, KELLER, SURRA,
           JAMES, COLAFELLA, SOLOBAY, HASAY, J. WILLIAMS, LEDERER AND
           ROONEY, APRIL 12, 2001

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 26, 2002

                                     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," FURTHER PROVIDING FOR        <--
    21     CONSENT OF THE SENATE REQUIRED FOR CERTAIN GUBERNATORIAL
    22     APPOINTMENTS AND FOR REQUIRED INFORMATION; PROVIDING FOR
    23     MEMBERSHIP OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION;
    24     further providing for furnishing lists of employees to
    25     certain State officers; and providing for membership of the    <--


     1     Pennsylvania Public Utility Commission.; AND MAKING REPEALS.   <--

     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4     Section 1.  Section 614(a) and (c) of the act of April 9,      <--
     5  1929 (P.L.177, No.175), known as The Administrative Code of
     6  1929, amended August 14, 1997 (P.L.530, No.57), are amended to
     7  read:
     8     SECTION 1.  SECTION 207.1 OF THE ACT OF APRIL 9, 1929          <--
     9  (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
    10  AMENDED BY ADDING A SUBSECTION TO READ:
    11     SECTION 207.1.  GUBERNATORIAL APPOINTMENTS.--* * *
    12     SECTION 1.  SECTION 207.1(C), (D) AND (G) OF THE ACT OF APRIL  <--
    13  9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
    14  1929, AMENDED OR ADDED NOVEMBER 8, 1976 (P.L.1109, NO. 227),
    15  DECEMBER 30, 1984 (P.L.1299, NO.245) AND NOVEMBER 26, 1997
    16  (P.L.530, NO.57) AND REPEALED IN PART APRIL 28, 1978 (P.L.202,
    17  NO.53), ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A
    18  SUBSECTION TO READ:
    19     SECTION 207.1.  GUBERNATORIAL APPOINTMENTS.--* * *
    20     (C)  THE GOVERNOR SHALL NOMINATE IN ACCORDANCE WITH THE
    21  PROVISIONS OF THE CONSTITUTION OF THE COMMONWEALTH OF
    22  PENNSYLVANIA AND, BY AND WITH THE ADVICE AND CONSENT OF TWO-
    23  THIRDS OF THE MEMBERS ELECTED TO THE SENATE, APPOINT PERSONS TO
    24  FILL THE FOLLOWING POSITIONS:
    25     (1)  VACANCIES IN THE OFFICES OF ATTORNEY GENERAL, AUDITOR
    26  GENERAL AND STATE TREASURER [AND IN ANY OTHER ELECTIVE OFFICE
    27  WHICH HE IS AUTHORIZED BY LAW TO FILL WHEN SAID LAW REQUIRES
    28  CONFIRMATION].
    29     (2)  THOSE MEMBERS WHICH HE IS AUTHORIZED TO APPOINT TO THE
    30  [MILK MARKETING BOARD, THE PENNSYLVANIA FISH COMMISSION, THE
    20010H1331B4731                  - 2 -

     1  PENNSYLVANIA GAME COMMISSION, THE] PENNSYLVANIA LIQUOR CONTROL
     2  BOARD[, THE PENNSYLVANIA PUBLIC UTILITY COMMISSION] AND THE
     3  PENNSYLVANIA TURNPIKE COMMISSION.
     4     (D)  THE GOVERNOR SHALL NOMINATE IN ACCORDANCE WITH THE
     5  PROVISIONS OF THE CONSTITUTION OF THE COMMONWEALTH OF
     6  PENNSYLVANIA AND, BY AND WITH THE ADVICE AND CONSENT OF A
     7  MAJORITY OF THE MEMBERS ELECTED TO THE SENATE APPOINT PERSONS TO
     8  FILL THE FOLLOWING POSITIONS:
     9     (1)  THE SECRETARY OF EDUCATION, THE SECRETARY OF THE
    10  COMMONWEALTH, THE ADJUTANT GENERAL, THE INSURANCE COMMISSIONER,
    11  THE SECRETARY OF BANKING, THE SECRETARY OF AGRICULTURE, THE
    12  SECRETARY OF TRANSPORTATION, THE SECRETARY OF HEALTH, THE
    13  COMMISSIONER OF THE STATE POLICE, THE SECRETARY OF CORRECTIONS,
    14  THE SECRETARY OF LABOR AND INDUSTRY, THE SECRETARY OF AGING, THE
    15  SECRETARY OF PUBLIC WELFARE, THE SECRETARY OF GENERAL SERVICES,
    16  THE SECRETARY OF REVENUE, THE SECRETARY OF [COMMERCE, THE
    17  SECRETARY OF COMMUNITY AFFAIRS AND] COMMUNITY AND ECONOMIC
    18  DEVELOPMENT, THE SECRETARY OF ENVIRONMENTAL [RESOURCES]
    19  PROTECTION AND THE SECRETARY OF CONSERVATION AND NATURAL
    20  RESOURCES.
    21     (2)  THOSE MEMBERS WHICH HE IS AUTHORIZED TO APPOINT TO THE
    22  BOARD OF PARDONS, THE BOARD OF PROBATION AND PAROLE, THE STATE
    23  CIVIL SERVICE COMMISSION, THE STATE HORSE RACING COMMISSION, THE
    24  STATE HARNESS RACING COMMISSION, THE BOARD OF [ARBITRATION OF]
    25  CLAIMS, THE PENNSYLVANIA SECURITIES COMMISSION, THE PENNSYLVANIA
    26  INDUSTRIAL DEVELOPMENT AUTHORITY, THE STATE BOARD OF EDUCATION,
    27  THE BOARD OF [STATE COLLEGE AND UNIVERSITY DIRECTORS] GOVERNORS
    28  OF THE STATE SYSTEM OF HIGHER EDUCATION, THE BOARD OF TRUSTEES
    29  OF PENNSYLVANIA STATE UNIVERSITY, THE BOARD OF TRUSTEES OF THE
    30  UNIVERSITY OF PITTSBURGH, THE BOARD OF TRUSTEES OF TEMPLE
    20010H1331B4731                  - 3 -

     1  UNIVERSITY, THE BOARD OF TRUSTEES OF LINCOLN UNIVERSITY, THE
     2  ENVIRONMENTAL HEARING BOARD, [THE PENNSYLVANIA CRIME
     3  COMMISSION,] THE PENNSYLVANIA FISH AND BOAT COMMISSION, THE
     4  PENNSYLVANIA GAME COMMISSION, THE PENNSYLVANIA LABOR RELATIONS
     5  BOARD, THE PENNSYLVANIA PUBLIC UTILITY COMMISSION, THE
     6  INDUSTRIAL BOARD, THE MILK MARKETING BOARD, THE UNEMPLOYMENT
     7  COMPENSATION BOARD OF REVIEW, THE [WORKMEN'S] WORKERS'
     8  COMPENSATION APPEALS BOARD, THE STATE ART COMMISSION, [THE STATE
     9  LOTTERY COMMISSION,] THE STATE TRANSPORTATION COMMISSION AND THE
    10  PENNSYLVANIA HUMAN RELATIONS COMMISSION.
    11     (4)  THOSE MEMBERS WHICH HE IS AUTHORIZED TO APPOINT TO THE
    12  DELAWARE VALLEY REGIONAL PLANNING COMMISSION, THE PENNSYLVANIA
    13  PUBLIC TELEVISION NETWORK COMMISSION, THE STATE FARM PRODUCTS
    14  COMMISSION, THE PENNSYLVANIA HOUSING FINANCE AGENCY, THE [BOARD
    15  OF TRUSTEES OF EACH STATE COLLEGE AND UNIVERSITY] COUNCIL OF
    16  TRUSTEES OF EACH INSTITUTION OF THE STATE SYSTEM OF HIGHER
    17  EDUCATION, THE BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR
    18  VETERANS' CHILDREN, THE BOARD OF TRUSTEES OF THADDEUS STEVENS
    19  COLLEGE OF TECHNOLOGY, THE STATE CONSERVATION COMMISSION, THE
    20  COMMONWEALTH OF PENNSYLVANIA COUNCIL ON THE ARTS, THE STATE
    21  PLANNING BOARD, THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC
    22  BOARD, THE COUNTY BOARD OF ASSISTANCE IN EACH COUNTY, [THE STATE
    23  BOARD OF PUBLIC WELFARE,] THE BOARDS OF TRUSTEES OF CENTERS, THE
    24  BOARD OF TRUSTEES OF EACH RESTORATION CENTER, [THE BOARD OF
    25  TRUSTEES OF EACH STATE GENERAL HOSPITAL,] THE BOARD OF TRUSTEES
    26  OF EACH STATE SCHOOL AND HOSPITAL, THE BOARD OF TRUSTEES OF EACH
    27  STATE HOSPITAL, THE STATE DENTAL COUNCIL AND EXAMINING BOARD,
    28  THE STATE REAL ESTATE COMMISSION, THE STATE REGISTRATION BOARD
    29  FOR PROFESSIONAL ENGINEERS, THE STATE BOARDS OF EXAMINERS OF
    30  ARCHITECTS, AUCTIONEERS, NURSING HOME ADMINISTRATORS AND PUBLIC
    20010H1331B4731                  - 4 -

     1  ACCOUNTANTS, THE STATE BOARDS OF BARBER EXAMINERS, CHIROPRACTIC
     2  EXAMINERS, COSMETOLOGY, FUNERAL DIRECTORS, MEDICAL EDUCATION AND
     3  LICENSURE, NURSE EXAMINERS, OPTOMETRICAL EXAMINERS, OSTEOPATHIC
     4  EXAMINERS, PHARMACY, PHYSICAL THERAPY EXAMINERS, PODIATRY
     5  EXAMINERS, VETERINARY MEDICAL EXAMINERS, LANDSCAPE ARCHITECTS
     6  AND MOTOR VEHICLE MANUFACTURERS, DEALERS AND SALESMEN, THE
     7  PENNSYLVANIA BOARD OF PSYCHOLOGIST EXAMINERS, THE STATE ATHLETIC
     8  COMMISSION, THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY,
     9  THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION, THE STATE TAX
    10  EQUALIZATION BOARD, THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT
    11  BOARD, THE STATE EMPLOYEES' RETIREMENT BOARD, THE MUNICIPAL
    12  POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION, [THE
    13  CONSUMER ADVOCATE,] AND THE PENNSYLVANIA MINORITY BUSINESS
    14  DEVELOPMENT AUTHORITY.
    15     (5)  THE GENERAL OFFICERS IN THE DEPARTMENT OF MILITARY
    16  AFFAIRS WHICH HE IS AUTHORIZED BY LAW TO APPOINT.
    17     (5.1)  VACANCIES IN ELECTIVE OFFICE, OTHER THAN THOSE SET
    18  FORTH IN SUBSECTION (C), WHICH HE IS AUTHORIZED BY LAW TO FILL.
    19  EXCEPT FOR VACANCIES IN JUDICIAL OFFICES, THE PERSON NOMINATED
    20  SHALL, AS OF THE DAY PRECEDING THE DATE OF THE OCCURRENCE OF THE
    21  VACANCY, BE OF THE SAME POLITICAL PARTY AS WAS THE PERSON WHO
    22  VACATED THE OFFICE ON THE DATE THE PERSON WHO VACATED THE OFFICE
    23  WAS ADMINISTERED THE OATH OF OFFICE FOR THE OFFICE VACATED.
    24     (6)  ALL POSITIONS HEREINAFTER STATUTORILY CREATED BY
    25  AMENDMENT TO THIS ACT OR IN ANY OTHER ACT OR AMENDMENT THERETO
    26  FOR WHICH SENATE CONFIRMATION IS SPECIFIED BUT FOR WHICH THE
    27  ADVICE AND CONSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO THE
    28  SENATE IS NOT REQUIRED.
    29     * * *
    30     (G)  WHENEVER THE GOVERNOR SHALL NOMINATE TO FILL A POSITION
    20010H1331B4731                  - 5 -

     1  FOR WHICH SENATE CONFIRMATION IS REQUIRED, [HE] THE NOMINEE
     2  SHALL SUBMIT TO THE SENATE [WITH THE NOMINATION] A SWORN
     3  STATEMENT CONTAINING INFORMATION ON THE NOMINEE, INCLUDING BUT
     4  NOT LIMITED TO HIS VOTING ADDRESS, BUSINESS ADDRESS IF ANY,
     5  EMPLOYER, PARTY REGISTRATION, OFFICES HELD IN POLITICAL PARTIES
     6  DURING THE PAST TEN YEARS, ANY PUBLIC OFFICES HELD DURING THE
     7  PAST TEN YEARS, RECORDS OF ANY CRIMINAL CONVICTIONS OTHER THAN
     8  SUMMARY OFFENSES UNDER 75 PA.C.S. (RELATING TO VEHICLES), AND
     9  SUCH OTHER INFORMATION AS IS AGREED UPON BY THE GOVERNOR AND THE
    10  SENATE COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS.
    11     (H)  THE GOVERNOR MAY NOT NOMINATE AN INDIVIDUAL AS A MEMBER
    12  OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION IF, BECAUSE OF
    13  THAT INDIVIDUAL'S PARTY AFFILIATION UNDER 25 PA.C.S. PT. IV
    14  (RELATING TO VOTER REGISTRATION) AT THE TIME OF NOMINATION,
    15  APPOINTMENT OF THE INDIVIDUAL WOULD RESULT IN MORE THAN THREE
    16  MEMBERS OF THE COMMISSION HAVING THE SAME PARTY AFFILIATION AS
    17  THE GOVERNOR.
    18     SECTION 2.  SECTION 614(A) AND (C) OF THE ACT, AMENDED AUGUST
    19  14, 1997 (P.L.530, NO.57), ARE AMENDED TO READ:
    20     Section 614.  List of Employes to be Furnished to Certain
    21  State Officers.--(a)  All administrative departments, boards,
    22  and commissions and the Attorney General shall on July 15 of
    23  each year, transmit to the Auditor General, the State Treasurer
    24  and Secretary of the Budget a complete list, and to the
    25  Legislative Data Processing Center a computer tape of such list,
    26  as of July 1 preceding, of the names of all persons, except day-
    27  laborers, entitled to receive compensation from the Commonwealth
    28  for services rendered in or to the department, board, or
    29  commission, as the case may be. Such list shall show FOR EACH     <--
    30  SUCH PERSON the position occupied [by each such person], the      <--
    20010H1331B4731                  - 6 -

     1  date of birth [and], COUNTY OF RESIDENCE, voting residence [of    <--
     2  such person], the salary at which or other basis upon which such  <--
     3  person is entitled to be paid, the date [when such person         <--
     4  entered] OF ENTRY INTO the service of the Commonwealth, whether   <--
     5  such person has been continuously employed by the Commonwealth
     6  since that date, and all periods of service and positions held
     7  as an employe of the Commonwealth, or such part of such
     8  information RELATED TO PREVIOUS SERVICE AND POSITIONS as the      <--
     9  Governor may prescribe. Notwithstanding the preceding             <--
    10  requirement, the lists of persons furnished by the Department of
    11  Corrections, the Board of Probation and Parole and the Pardons
    12  Board shall also list the county of residence of each person.
    13     * * *
    14     (c)  The information received by the Auditor General, the
    15  State Treasurer and the Secretary of the Budget, under this
    16  section, shall be public information[.], except that the
    17  information identifying the voting residence of the persons
    18  furnished by the Department of Corrections, the Board of          <--
    19  Probation and Parole and the Pardons Board is not EMPLOYED BY     <--
    20  THE COMMONWEALTH SHALL NOT BE public information and may not be
    21  treated as such.
    22     Section 2.  The act is amended by adding a section to read:    <--
    23     Section 2802.  Membership.--Not more than three members of
    24  the Pennsylvania Public Utility Commission shall be of the same
    25  political party.
    26     Section 3.  This act shall take effect immediately.            <--
    27     SECTION 3.  EXCEPT FOR THE AMENDMENTS OF SECTION 207.1(G)      <--
    28  WHICH SHALL BE APPLICABLE TO ALL NOMINATIONS SUBMITTED TO THE
    29  SENATE COMMENCING 30 DAYS FOLLOWING THE ENACTMENT OF THIS ACT,
    30  AND THE ADDITION OF SECTION 207.1(H) AND AMENDMENT OF SECTION
    20010H1331B4731                  - 7 -

     1  614(A) AND (C), THIS ACT SHALL BE APPLICABLE TO ALL NOMINATIONS
     2  OTHER THAN FOR APPOINTMENTS UNDER ARTICLE V OF THE CONSTITUTION
     3  OF PENNSYLVANIA CURRENTLY PENDING BEFORE THE SENATE AS WELL AS
     4  THOSE SUBMITTED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.
     5     SECTION 4.  THE FOLLOWING ACTS AND PARTS OF ACTS ARE HEREBY
     6  REPEALED INSOFAR AS THEY RELATE TO THE CONSENT REQUIRED BY THE
     7  SENATE TO APPOINTMENTS BY THE GOVERNOR:
     8     SECTION 201 OF THE ACT OF APRIL 28, 1937 (P.L.417, NO.105),
     9  KNOWN AS THE MILK MARKETING LAW.
    10     SECTION 409 OF THE ACT OF JULY 28, 1953 (P.L.723, NO.230),
    11  KNOWN AS THE SECOND CLASS COUNTY CODE.
    12     SECTION 409 OF THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130),
    13  KNOWN AS THE COUNTY CODE.
    14     SECTION 202 OF THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164),
    15  KNOWN AS THE COMMONWEALTH ATTORNEYS ACT.
    16     30 PA.C.S. § 301.
    17     34 PA.C.S. § 301.
    18     66 PA.C.S. § 301.
    19     SECTION 5.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    20         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 60
    21     DAYS:
    22             (I)  THE AMENDMENT OF SECTION 207.1(C), (D) AND (G)
    23         OF THE ACT.
    24             (II)  SECTION 3 OF THIS ACT.
    25             (III)  SECTION 4 OF THIS ACT.
    26         (2)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
    27     IMMEDIATELY:
    28             (I)  THE ADDITION OF SECTION 207.1(H) OF THE ACT.
    29             (II)  THE AMENDMENT OF SECTION 614(A) AND (C) OF THE
    30         ACT.
    20010H1331B4731                  - 8 -

     1             (III)  THIS SECTION.
     2             (IV)  THE REMAINDER OF THIS ACT.



















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