PRINTER'S NO. 1169
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1020
Session of
2019
INTRODUCED BY ECKER, SCHEMEL, DIAMOND, MURT, ZIMMERMAN, MILLARD,
RYAN, B. MILLER, ROTHMAN, GROVE, KAUFFMAN, STEPHENS AND
NEILSON, APRIL 2, 2019
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 2, 2019
AN ACT
Amending the act of October 15, 1980 (P.L.950, No.164), entitled
"A supplement to 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,' implementing the addition
of section 4.1 to Article IV of the Constitution of
Pennsylvania; establishing the Office of Attorney General
elected by the citizens and setting forth powers and duties
of the Attorney General; creating an Office of General
Counsel and providing for legal services for Commonwealth
agencies; transferring, reorganizing or reconstituting
certain boards, commissions and agencies; placing certain
duties upon the courts and district attorneys; repealing
certain acts and parts of acts and making appropriations," in
Office of Attorney General, establishing requirements for
notification of constitutional challenges.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 204 of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, is
amended by adding a subsection to read:
Section 204. Legal advice and civil matters.
* * *
(g) Notification of constitutional challenges.--
(1) Within seven busine ss days of receiving notice of a
judicial proceeding in which all or part of an act of this
Commonwealth is alleged to be unconstitutional , the Attorney
General shall provide written notification of the lawsuit and
a copy of the pleading, motion or other portion of the
judicial record raising the issue to the following
individuals or their designees:
(i) The Governor.
(ii) The President pro tempore of the Senate.
(iii) The Majority Leader of the Senate.
(iv) The Minority Leader of the Senate.
(v) The Speaker of the House of Representatives.
(vi) The Majority Leader of the House of
Representatives.
(vii) The Minority Leader of the House of
Representatives.
(2) Written notification required under paragraph (1)
shall include the following:
(i) Names of the parties to the judicial proceeding.
(ii) The court in which the judicial proceeding has
been filed.
(iii) The law of this Commonwealth being challenged.
20190HB1020PN1169 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iv) A brief summary of the argument made by the
party challenging the law.
(v) A statement indicating whether the Attorney
General will defend the constitutionality of the law of
this Commonwealth or authorize the General Counsel or the
counsel for an independent agency to initiate, conduct or
defend any particular litigation or category of
litigation in the Attorney General's stead.
(vi) Any other information the Attorney General
deems necessary.
Section 2. This act shall take effect in 60 days.
20190HB1020PN1169 - 3 -
1
2
3
4
5
6
7
8
9
10
11