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        PRIOR PRINTER'S NO. 1007                      PRINTER'S NO. 2415

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 806 Session of 2001


        INTRODUCED BY CONTI, MADIGAN, WAUGH, LEMMOND, RHOADES, CORMAN
           AND EARLL, MAY 17, 2001

        AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 20, 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; making editorial    <--
    23     changes; and making repeals; AND MAKING EDITORIAL CHANGES.     <--

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26     Section 1.  Section 207.1(c), (d) and (g) of the act of April
    27  9, 1929 (P.L.177, No.175), known as The Administrative Code of
    28  1929, amended or added November 8, 1976 (P.L.1109, No. 227),

     1  December 30, 1984 (P.L.1299, No.245) and November 26, 1997
     2  (P.L.530, No.57) and repealed in part April 28, 1978 (P.L.202,
     3  No.53), are amended to read:
     4     Section 207.1.  Gubernatorial Appointments.--* * *
     5     (c)  The Governor shall nominate in accordance with the
     6  provisions of the Constitution of the Commonwealth of
     7  Pennsylvania and, by and with the advice and consent of [two-     <--
     8  thirds] a majority of the members elected to the Senate, appoint
     9  persons to fill [the following positions:
    10     (1)  Vacancies] vacancies in the offices of Attorney General,
    11  Auditor General and State Treasurer and in any other elective
    12  office which he is authorized by law to fill when said law
    13  requires confirmation.
    14     [(2)  Those members which he is authorized to appoint to the
    15  Milk Marketing Board, the Pennsylvania Fish Commission, the
    16  Pennsylvania Game Commission, the Pennsylvania Liquor Control
    17  Board, the Pennsylvania Public Utility Commission and the
    18  Pennsylvania Turnpike Commission.] TWO-THIRDS OF THE MEMBERS      <--
    19  ELECTED TO THE SENATE, APPOINT PERSONS TO FILL THE FOLLOWING
    20  POSITIONS:
    21     (1)  VACANCIES IN THE OFFICES OF ATTORNEY GENERAL, AUDITOR
    22  GENERAL AND STATE TREASURER [AND IN ANY OTHER ELECTIVE OFFICE
    23  WHICH HE IS AUTHORIZED BY LAW TO FILL WHEN SAID LAW REQUIRES
    24  CONFIRMATION].
    25     (2)  THOSE MEMBERS WHICH HE IS AUTHORIZED TO APPOINT TO THE
    26  [MILK MARKETING BOARD, THE PENNSYLVANIA FISH COMMISSION, THE
    27  PENNSYLVANIA GAME COMMISSION, THE] PENNSYLVANIA LIQUOR CONTROL
    28  BOARD[, THE PENNSYLVANIA PUBLIC UTILITY COMMISSION] AND THE
    29  PENNSYLVANIA TURNPIKE COMMISSION.
    30     (d)  The Governor shall nominate in accordance with the
    20010S0806B2415                  - 2 -

     1  provisions of the Constitution of the Commonwealth of
     2  Pennsylvania and, by and with the advice and consent of a
     3  majority of the members elected to the Senate appoint persons to
     4  fill the following positions:
     5     (1)  The Secretary of Education, the Secretary of the
     6  Commonwealth, the Adjutant General, the Insurance Commissioner,
     7  the Secretary of Banking, the Secretary of Agriculture, the
     8  Secretary of Transportation, the Secretary of Health, the
     9  Commissioner of the State Police, the Secretary of Corrections,
    10  the Secretary of Labor and Industry, the Secretary of Aging, the
    11  Secretary of Public Welfare, the Secretary of General Services,
    12  the Secretary of Revenue, the Secretary of [Commerce, the
    13  Secretary of Community Affairs and] Community and Economic
    14  Development, the Secretary of Environmental [Resources]
    15  Protection and the Secretary of Conservation and Natural
    16  Resources.
    17     (2)  Those members which he is authorized to appoint to the
    18  Board of Pardons, the Board of Probation and Parole, the State
    19  Civil Service Commission, the State Horse Racing Commission, the
    20  State Harness Racing Commission, the Board of [Arbitration of]
    21  Claims, the Pennsylvania Securities Commission, the Pennsylvania
    22  Industrial Development Authority, the State Board of Education,
    23  the Board of [State College and University Directors] Governors
    24  of the State System of Higher Education, the Board of Trustees
    25  of Pennsylvania State University, the Board of Trustees of the
    26  University of Pittsburgh, the Board of Trustees of Temple
    27  University, the Board of Trustees of Lincoln University, the
    28  Environmental Hearing Board, [the Pennsylvania Crime
    29  Commission,] The Pennsylvania Fish and Boat Commission, the
    30  Pennsylvania Game Commission, the Pennsylvania Labor Relations
    20010S0806B2415                  - 3 -

     1  Board, the Pennsylvania Liquor Control Board, the Pennsylvania    <--
     2  Public Utility Commission, the Industrial Board, the Milk
     3  Marketing Board, the Unemployment Compensation Board of Review,
     4  the [Workmen's] Workers' Compensation Appeals Board, the State
     5  Art Commission, [the State Lottery Commission,] the Pennsylvania  <--
     6  Turnpike Commission, the State Transportation Commission and the
     7  Pennsylvania Human Relations Commission.
     8     (4)  Those members which he is authorized to appoint to the
     9  Delaware Valley Regional Planning Commission, the Pennsylvania
    10  Public Television Network Commission, the State Farm Products
    11  Commission, the Pennsylvania Housing Finance Agency, the [Board
    12  of Trustees of each State College and University] Council of
    13  Trustees of each institution of the State System of Higher
    14  Education, the Board of Trustees of Scotland School for
    15  Veterans' Children, the Board of Trustees of Thaddeus Stevens
    16  College of Technology, the State Conservation Commission, the
    17  Commonwealth of Pennsylvania Council on the Arts, the State
    18  Planning Board, the Pennsylvania Drug, Device and Cosmetic
    19  Board, the County Board of Assistance in each county, [the State
    20  Board of Public Welfare,] the Boards of Trustees of Centers, the
    21  Board of Trustees of each Restoration Center, [the Board of
    22  Trustees of each State General Hospital,] the Board of Trustees
    23  of each State School and Hospital, the Board of Trustees of each
    24  State Hospital, the State Dental Council and Examining Board,
    25  the State Real Estate Commission, the State Registration Board
    26  for Professional Engineers, the State Boards of Examiners of
    27  Architects, Auctioneers, Nursing Home Administrators and Public
    28  Accountants, the State Boards of Barber Examiners, Chiropractic
    29  Examiners, Cosmetology, Funeral Directors, Medical Education and
    30  Licensure, Nurse Examiners, Optometrical Examiners, Osteopathic
    20010S0806B2415                  - 4 -

     1  Examiners, Pharmacy, Physical Therapy Examiners, Podiatry
     2  Examiners, Veterinary Medical Examiners, Landscape Architects
     3  and Motor Vehicle Manufacturers, Dealers and Salesmen, the
     4  Pennsylvania Board of Psychologist Examiners, the State Athletic
     5  Commission, the Pennsylvania Higher Education Assistance Agency,
     6  the Pennsylvania Historical and Museum Commission, the State Tax
     7  Equalization Board, the Public School Employees' Retirement
     8  Board, the State Employees' Retirement Board, the Municipal
     9  Police Officers' Education and Training Commission, [the
    10  Consumer Advocate,] and the Pennsylvania Minority Business
    11  Development Authority.
    12     (5)  The general officers in the Department of Military
    13  Affairs which he is authorized by law to appoint.
    14     (5.1)  VACANCIES IN ELECTIVE OFFICE, OTHER THAN THOSE SET      <--
    15  FORTH IN SUBSECTION (C), WHICH HE IS AUTHORIZED BY LAW TO FILL.
    16  THE PERSON APPOINTED SHALL BE OF THE SAME POLITICAL PARTY AS THE
    17  PERSON WHO VACATED THE OFFICE.
    18     (6)  All positions hereinafter statutorily created by
    19  amendment to this act or in any other act or amendment thereto
    20  for which Senate confirmation is specified but for which the
    21  advice and consent of two-thirds of the members elected to the
    22  Senate is not required.
    23     * * *
    24     (g)  Whenever the Governor shall nominate to fill a position
    25  for which Senate confirmation is required, [he] the nominee
    26  shall submit to the Senate [with the nomination] a sworn
    27  statement containing information on the nominee, including but
    28  not limited to his voting address, business address if any,
    29  employer, party registration, offices held in political parties
    30  during the past ten years, any public offices held during the
    20010S0806B2415                  - 5 -

     1  past ten years, records of any criminal convictions other than
     2  summary offenses under 75 Pa.C.S. (relating to vehicles), and
     3  such other information as is agreed upon by the Governor and the
     4  Senate Committee on Rules and Executive Nominations.
     5     Section 2.  Except for the amendments of section 207.1(g)
     6  which shall be applicable to all nominations submitted to the
     7  Senate commencing 30 days following the enactment of this act,
     8  this act shall be applicable to all nominations other than for
     9  appointments under Article V of the Constitution of Pennsylvania
    10  currently pending before the Senate as well as those submitted
    11  on or after the effective date of this act.
    12     Section 3.  The following acts and parts of acts are hereby
    13  repealed insofar as they relate to the consent required by the
    14  Senate to appointments by the Governor:
    15     Section 201 of the act of April 28, 1937 (P.L.417, No.105),
    16  known as the Milk Marketing Law.
    17     Section 4 of the act of May 21, 1937 (P.L.774, No.211),        <--
    18  referred to as the Pennsylvania Turnpike Commission Act.
    19     Section 201 of the act of April 12, 1951 (P.L.90, No.21),
    20  known as the Liquor Code.
    21     Section 409 of the act of July 28, 1953 (P.L.723, No.230),
    22  known as the Second Class County Code.
    23     Section 409 of the act of August 9, 1955 (P.L.323, No.130),
    24  known as The County Code.
    25     Section 202 of the act of October 15, 1980 (P.L.950, No.164),
    26  known as the Commonwealth Attorneys Act.
    27     Section 5 of the act of September 30, 1985 (P.L.240, No.61),   <--
    28  known as the Turnpike Organization, Extension and Toll Road
    29  Conversion Act.
    30     30 Pa.C.S. § 301.
    20010S0806B2415                  - 6 -

     1     34 Pa.C.S. § 301.
     2     66 Pa.C.S. § 301.
     3     Section 4.  This act shall take effect immediately IN 60       <--
     4  DAYS.


















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