PRINTER'S NO. 1122
No. 956 Session of 2007
INTRODUCED BY DALLY, BEYER, DENLINGER, FREEMAN, GALLOWAY, GEIST, GINGRICH, GODSHALL, HERSHEY, HORNAMAN, HUTCHINSON, KILLION, METCALFE, MILLARD, R. MILLER, PAYNE, PETRI, PHILLIPS, PYLE, RAPP, REED, REICHLEY, ROAE, SABATINA, SIPTROTH, STERN AND SWANGER, MARCH 29, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 29, 2007
AN ACT 1 Amending the act of August 5, 1941 (P.L.752, No.286), entitled 2 "An act regulating and improving the civil service of certain 3 departments and agencies of the Commonwealth; vesting in the 4 State Civil Service Commission and a Personnel Director 5 certain powers and duties; providing for classification of 6 positions, adoption of compensation schedules and 7 certification of payrolls; imposing duties upon certain 8 officers and employes of the Commonwealth; authorizing 9 service to other State departments or agencies and political 10 subdivisions of the Commonwealth in matters relating to civil 11 service; defining certain crimes and misdemeanors; imposing 12 penalties; making certain appropriations, and repealing 13 certain acts and parts thereof," further providing for 14 examination requisite for appointment and promotion. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Section 501 of the act of August 5, 1941 18 (P.L.752, No.286), known as the Civil Service Act, amended June 19 28, 2004 (P.L.461, No.50), is amended to read: 20 Section 501. Examinations Requisite for Appointment and 21 Promotion.--(a) Except as otherwise provided in this act, 22 appointments of persons entering the classified service or
1 promoted therein shall be from eligible lists established as the 2 result of examinations given by the director to determine the 3 relative merit of candidates. Such examinations may be written 4 and shall be competitive and open to all persons who may be 5 lawfully appointed to positions within the classes for which the 6 examinations are held, except that persons in unskilled 7 positions shall enter the classified service by promotion 8 without examination provided: (1) such promotion is into a 9 classified position immediately above the person's own position; 10 (2) such promotion is based on seniority and meritorious 11 service; (3) the person meets the minimum requirements for that 12 position; and (4) the person satisfactorily completes a six 13 month probationary period in the classified position. If no 14 persons in such unskilled positions meet the preceding 15 requirements, the vacant position may be filled pursuant to 16 Article V. 17 (b) Persons applying for positions or promotions in the 18 classified service shall be United States citizens, aliens 19 lawfully admitted for permanent residence to the United States 20 or aliens authorized to be employed under 8 U.S.C. Ch. 12 21 (relating to immigration and nationality) or by the United 22 States Attorney General, and residents of the Commonwealth or 23 former residents of the Commonwealth who meet the requirements 24 of this subsection, and where applicable to the administrative 25 district. Former residents of the Commonwealth must have 26 relocated out of State for academic or employment purposes, 27 shall plan to establish Commonwealth residency within six months 28 of beginning employment in the classified service and must have: 29 (1) graduated from a public, private or nonpublic secondary 30 school in the Commonwealth or satisfied the requirements of 20070H0956B1122 - 2 -
1 sections 1327 and 1327.1 of the act of March 10, 1949 (P.L.30, 2 No.14), known as the "Public School Code of 1949," within five 3 years of applying for a position in the classified service; (2) 4 satisfied the requirements of sections 1327 and 1327.1 of the 5 "Public School Code of 1949" or attended a public, private or 6 nonpublic school in the Commonwealth at least eighty percent of 7 the time while enrolled in grades one through twelve and 8 attended such school within five years of applying for a 9 position in the classified service; or (3) graduated or attended 10 a public, private or nonpublic secondary school in the 11 Commonwealth or satisfied the requirements of sections 1327 and 12 1327.1 of the "Public School Code of 1949" and graduated from a 13 postsecondary institution in the Commonwealth within five years 14 of applying for a position in the classified service. 15 Notwithstanding any of the provisions of this act, whenever an 16 appointing authority finds a lack of a sufficient number of 17 qualified personnel available for appointment to any particular 18 class or classes of positions, the appointing authority may 19 present evidence thereof to the director who may waive the 20 residence requirements for such class or classes of positions. 21 (c) The director shall prepare the proper State and district 22 employment and promotion eligible lists: Provided, That after an 23 examination has been conducted for any class of positions, if 24 there is no person with such legal residence in any 25 administrative district, remaining on the register the director 26 shall certify and the appointing authority may make the 27 appointment or promotion from the names of persons on an 28 appropriate eligible list for the same class of positions of 29 other administrative districts. Limitations as to age, sex, 30 health, moral character, experience and other qualifications may 20070H0956B1122 - 3 -
1 be specified in the rules of the commission and in the 2 announcements of the examinations. All applications for 3 positions in the classified service shall be subject to the 4 penalties of 18 Pa.C.S. § 4904 (relating to unsworn 5 falsification to authorities). 6 (d) The commission may limit competition in promotion 7 examinations to employes in the classified service who have 8 completed their probationary period in a class or classes 9 designated in the public notice of the examinations, and may 10 permit promotions to be accomplished by any one of the following 11 plans: (1) by appointment from open competitive lists; or (2) by 12 achieving a place on an eligible list after a promotional 13 examination, such examination having been given at the request 14 of the appointing authority; or (3) by promotion based upon 15 meritorious service and seniority to be accomplished by 16 appointment without examination, if the person has completed the 17 probationary period in the next lower position and meets the 18 minimum requirements for the higher position. 19 [(e) To the extent permitted by law, when all applicants for 20 appointment or promotion to a position in the classified service 21 are equally qualified, preference will be shown to applicants 22 who are United States citizens over those who are not.] 23 Section 2. This act shall take effect in 60 days. L15L71MSP/20070H0956B1122 - 4 -