1Amending the act of October 15, 1980 (P.L.950, No.164), entitled
2"A supplement to the act of April 9, 1929 (P.L.177, No.175),
3entitled 'An act providing for and reorganizing the conduct
4of the executive and administrative work of the Commonwealth
5by the Executive Department thereof and the administrative
6departments, boards, commissions, and officers thereof,
7including the boards of trustees of State Normal Schools, or
8Teachers Colleges; abolishing, creating, reorganizing or
9authorizing the reorganization of certain administrative
10departments, boards, and commissions; defining the powers and
11duties of the Governor and other executive and administrative
12officers, and of the several administrative departments,
13boards, commissions, and officers; fixing the salaries of the
14Governor, Lieutenant Governor, and certain other executive
15and administrative officers; providing for the appointment of
16certain administrative officers, and of all deputies and
17other assistants and employes in certain departments, boards,
18and commissions; and prescribing the manner in which the
19number and compensation of the deputies and all other
20assistants and employes of certain departments, boards and
21commissions shall be determined,' implementing the addition
22of section 4.1 to Article IV of the Constitution of
23Pennsylvania; establishing the Office of Attorney General
24elected by the citizens and setting forth powers and duties
25of the Attorney General; creating an Office of General
26Counsel and providing for legal services for Commonwealth
27agencies; transferring, reorganizing or reconstituting
28certain boards, commissions and agencies; placing certain
29duties upon the courts and district attorneys; repealing
30certain acts and parts of acts and making appropriations," in
31Office of Attorney General, further providing for legal
32advice and civil matters.

33The General Assembly of the Commonwealth of Pennsylvania

1hereby enacts as follows:

2Section 1. Section 204(f) of the act of October 15, 1980
3(P.L.950, No.164), known as the Commonwealth Attorneys Act, is
4amended to read:

5Section 204. Legal advice and civil matters.

6* * *

7(f) Deeds, leases, contracts and fidelity bonds.--[The]

8(1) Subject to the provisions of paragraph (4), the
9Attorney General shall review for form and legality, all
10Commonwealth deeds, leases and contracts to be executed by
11Commonwealth agencies; if the Attorney General determines
12that a deed, lease, or contract is in improper form, not
13statutorily authorized or unconstitutional, he shall notify
14in writing within 30 days after its submission the agency
15affected, the offices of General Counsel and the General
16Assembly through the offices of the Secretary of the Senate
17and the Chief Clerk of the House of Representatives. The
18agency may rewrite the deed, lease or contract to meet the
19objections of the Attorney General.

20(2) (i) If the agency disagrees with the objection of
21the Attorney General, it may appeal the decision of the
22Attorney General by filing a Petition for Review with the
23Commonwealth Court in such manner as is provided for
24appeals from final orders of government agencies pursuant
25to 42 Pa.C.S. § 763 (relating to direct appeals from
26government agencies). If an instrument has been submitted
27to the Attorney General and he has not approved it or
28submitted his objection within 30 days after submission,
29the instrument shall be deemed to have been approved; the
30Attorney General may prepare uniform instrument forms and

1preapprove all such documents which are prepared in
2accordance with such forms and applicable instructions.

3(ii) Subparagraph (i) shall not apply to a contract
4subject to paragraph (4).

5(3) The Attorney General shall likewise continue to
6approve all fidelity, surety, performance and similar bonds
7as required by law to be submitted to the Attorney General or
8the former Department of Justice.

9(4) (i) The Attorney General may not complete his
10review for form and legality under this subsection of any
11contract entered into by the Department of Revenue with
12any party for the privatization, expansion or performance
13of any power, duty of function relating to the State
14lottery under the act of August 26, 1971 (P.L.351,
15No.91), known as the "State Lottery Law," until 30 days
16after the Joint State Government Commission files the
17report required under subparagraph (ii). No such contract
18shall take effect or be enforceable in this Commonwealth
19unless the Attorney General completes his review of and
20approves the contract in accordance with the provisions
21of this paragraph.

22(ii) The Joint State Government Commission shall
23conduct a study to assess the impact of any contract to
24which subparagraph (i) applies on the State Gaming Fund
25and the programs and activities funded by the State
26Gaming Fund. The Joint State Government Commission shall
27file its report with the General Assembly no later than
28one year after the effective date of this paragraph.

29Section 2. This act shall take effect immediately.