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PRINTER'S NO. 707
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
587
Session of
2015
INTRODUCED BY WARD, ARGALL, YAW, EICHELBERGER, VOGEL, ALLOWAY,
FOLMER, WHITE, VANCE, STEFANO, HUTCHINSON, MENSCH AND
BARTOLOTTA, APRIL 8, 2015
REFERRED TO STATE GOVERNMENT, APRIL 8, 2015
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," in administrative
organization, further providing for gubernatorial
appointments, for terms of office and for deputies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 207.1(e) and (f) of the act of April 9,
1929 (P.L.177, No.175), known as The Administrative Code of
1929, added November 8, 1976 (P.L.1109, No.227), are amended to
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read:
Section 207.1. Gubernatorial Appointments.--* * *
(e) Notwithstanding the provisions of existing law providing
for the extension of a term of office until a successor is
appointed and qualified, for purposes of appointment under
Article IV, section 8 of the Pennsylvania Constitution, for
those offices requiring Senate confirmation by this section a
vacancy requiring appointment or reappointment by the Governor
shall exist upon [the expiration of the number of years or time
period specified for said office.] the commencement of the
Governor's first term of office or immediately upon the
resignation of the current department head.
(f) A person, other than one serving until a successor is
appointed and qualified, nominated by the Governor to a position
for which Senate confirmation is required by this section shall
not serve in such position, in any capacity, including as an
acting department head, nor receive any compensation for serving
in such position until he has been confirmed by action of the
Senate or by its inaction as provided by the Constitution of the
Commonwealth of Pennsylvania and his appointment or commission
thereafter issued by the Governor: Provided, however, That
nothing contained in this section shall be construed to repeal
or modify section 213 of this act: And provided further, That
nothing in this act shall affect the right of an incumbent,
whose term of office has expired, to continue in his office
until his successor is appointed and qualified.
* * *
Section 2. Section 208 of the act, amended or repealed in
part April 28, 1943 (P.L.94, No.52) and October 15, 1980
(P.L.950, No.164), is amended to read:
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Section 208. Terms of Office.--The terms of office of the
persons appointed by the Governor under the preceding section
shall be as follows:
(a) [The Secretary of the Commonwealth and the Attorney
General shall serve during the pleasure of the Governor.] Those
persons appointed under section 207.1(d)(1) shall serve at the
pleasure of the Governor during the Governor's initial or
successive term of office.
[(b) The term of the Superintendent of Public Instruction
shall be four years.]
(c) Except as in this act otherwise provided, the heads of
other administrative departments, [the Commissioner of the
Pennsylvania State Police,] the members of independent
administrative boards and commissions, of departmental
administrative boards and commissions, and of advisory boards
and commissions, and departmental administrative officers, shall
hold office for terms of four years, from the third Tuesday of
January next following the election of a Governor, and until
their successors shall have been appointed and qualified[:
Provided, That the term of the Commissioner of the Pennsylvania
State Police appointed prior to the third Tuesday of January,
one thousand nine hundred and thirty-nine, shall expire upon
that date, or as soon thereafter as his successor shall have
been appointed and qualified].
Section 3. Section 213 of the act, amended June 25, 1947
(P.L.935, No.390) and November 8, 1976 (P.L.1109, No.227), is
amended to read:
Section 213. Deputies.--The Governor shall appoint and fix
the compensation of such number of deputy heads of
administrative departments, except those of the Department of
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Auditor General and Treasury Department, as the Executive Board
shall approve, who shall, in the absence of the head of such
department, have the right to exercise all the powers and
perform all the duties by law vested in and imposed upon the
head of such department, except the power to appoint bureau or
division chiefs, or other assistants or employes, and who may,
at any time, exercise such of the powers and perform such of the
duties of the head of his department as may be prescribed by the
head of his department: Provided, however, That any such deputy
shall not have the right to exercise any power or perform any
duty which the Constitution of the Commonwealth of Pennsylvania
requires the head of his department personally to exercise or
perform.
Whenever there shall be a vacancy in the office of the head
of any department, such deputy as the Governor shall designate
in writing shall exercise the powers and perform the duties of
the head of the department until the vacancy is filled[.] by a
person other than a deputy designated under this section. No
deputy or person may serve as head of the department in any
capacity for longer than thirty (30) days without the Governor
nominating a person under section 207.1(d)(1) and in accordance
with the provisions of the Constitution of the Commonwealth of
Pennsylvania.
With the approval of the Governor in writing, the head of any
department may authorize a named deputy to serve in his stead on
any board or commission, except the Board of Pardons of which
such department head is a member ex-officio. One of the Deputy
Adjutants General shall possess the same qualifications in all
respects as are required by law for the Adjutant General of the
Department of Military Affairs.
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Section 4. This act shall take effect in 60 days.
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