HOUSE AMENDED
PRIOR PRINTER'S NO. 889
PRINTER'S NO. 1780
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
764
Session of
2021
INTRODUCED BY ARGALL, BARTOLOTTA, YUDICHAK, VOGEL, STEFANO,
PITTMAN, J. WARD, AUMENT AND BROOKS, JUNE 14, 2021
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 15, 2022
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; providing for judicial administration; 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 powers and duties of the Department of State
and its departmental administrative board, providing for
legislative process training; and imposing duties on the
Legislative Reference Bureau. FURTHER PROVIDING FOR POWERS
AND DUTIES IN GENERAL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
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as The Administrative Code of 1929, is amended by adding a
section to read:
Section 816. Legislative Process Training.--(a) The
Legislative Reference Bureau shall develop legislative process
training for the Department of State which includes the
following:
(1) The legislative process in this Commonwealth.
(2) Legislation introduced by the General Assembly,
including bills, resolutions, concurrent resolutions and joint
resolutions.
(3) The Department of State's responsibilities relating to
legislation as provided by law.
(b) Within sixty days of the effective date of this section
and annually thereafter:
(1) The legislative process training under subsection (a)
shall be provided in person by the Legislative Reference Bureau
to the individuals, offices and bureaus under subsection (d).
(2) The Department of State shall provide training on the
systems and procedures the department has in place to handle the
department's legislative responsibilities and the roles that
each individual and entity within the department play in the
process to the individuals, offices and bureaus under subsection
(d).
(c) The Legislative Reference Bureau shall produce a video
of the legislative process training under subsection (a) and all
new employees and current employees who assume a position or
move to an office or bureau under subsection (d) shall watch the
training video before starting in the position.
(d) The following shall receive the training under
subsection (a):
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(1) The Secretary of the Commonwealth.
(2) The Executive Deputy Secretary of the Commonwealth.
(3) Employees in the Office of Policy.
(4) Employees in the Bureau of Elections and Notaries.
(5) Employees in the Office of Chief Counsel.
(6) Employees in the Bureau of Finance and Operations.
(7) Employees in the Office of Legislative Affairs.
SECTION 1. SECTION 801 OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, AMENDED JULY
9, 2021 (P.L.377, NO.70), IS AMENDED TO READ:
SECTION 801. POWERS AND DUTIES IN GENERAL.--(A) THE
DEPARTMENT OF STATE SHALL, SUBJECT TO ANY INCONSISTENT
PROVISIONS IN THIS ACT CONTAINED, CONTINUE TO EXERCISE THE
POWERS AND PERFORM THE DUTIES HERETOFORE BY LAW VESTED IN AND
IMPOSED UPON THE DEPARTMENT OF THE SECRETARY OF THE
COMMONWEALTH, AND THE SEVERAL BUREAUS THEREOF, THE DEPARTMENT OF
STATE AND FINANCE, THE DEPARTMENT OF STATE, AND THE SECRETARY OF
THE COMMONWEALTH.
(B) ADDITIONAL POWERS AND DUTIES SHALL BE AS FOLLOWS:
(1) (I) NO LATER THAN 14 DAYS PRIOR TO THE PUBLICATION OF A
PROPOSED CONSTITUTIONAL AMENDMENT BY THE SECRETARY OF THE
COMMONWEALTH UNDER SECTION 1 OF ARTICLE XI OF THE CONSTITUTION
OF PENNSYLVANIA OR AS SOON AS PRACTICAL PRIOR TO PUBLICATION OF
[AN] A PROPOSED EMERGENCY CONSTITUTIONAL AMENDMENT UNDER SECTION
1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA, THE
SECRETARY OF THE COMMONWEALTH SHALL NOTIFY THE FOLLOWING OF THE
DATE ON WHICH PUBLICATION UNDER ARTICLE XI OF THE CONSTITUTION
OF PENNSYLVANIA WILL BE COMPLETED:
(A) EACH MEMBER OF THE GENERAL ASSEMBLY.
(B) THE SECRETARY OF THE SENATE, WHO SHALL HAVE THE NOTICE
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READ INTO THE JOURNAL OF THE SENATE.
(C) THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES, WHO
SHALL READ THE NOTICE INTO THE JOURNAL OF THE HOUSE OF
REPRESENTATIVES.
(D) THE PARLIAMENTARIAN OF THE HOUSE OF REPRESENTATIVES.
(E) THE LEGISLATIVE REFERENCE BUREAU, WHICH SHALL PUBLISH
THE NOTICE IN THE PENNSYLVANIA BULLETIN.
(II) FAILURE OF THE SECRETARY OF THE COMMONWEALTH TO COMPLY
WITH CLAUSE (I) SHALL NOT IMPACT THE EFFECTIVENESS OF THE
PROPOSED CONSTITUTIONAL AMENDMENT.
(2) [(RESERVED).] (I) NO LATER THAN 14 DAYS AFTER THE
PUBLICATION OF A PROPOSED CONSTITUTIONAL AMENDMENT BY THE
SECRETARY OF THE COMMONWEALTH UNDER SECTION 1 OF ARTICLE XI OF
THE CONSTITUTION OF PENNSYLVANIA, THE SECRETARY OF THE
COMMONWEALTH SHALL CERTIFY TO THE FOLLOWING THAT THE PUBLICATION
HAS BEEN COMPLETED IN COMPLIANCE WITH THE REQUIREMENTS OF
SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA:
(A) EACH MEMBER OF THE GENERAL ASSEMBLY.
(B) THE SECRETARY OF THE SENATE, WHO SHALL HAVE THE
CERTIFICATION READ INTO THE JOURNAL OF THE SENATE.
(C) THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES, WHO
SHALL READ THE CERTIFICATION READ INTO THE JOURNAL OF THE HOUSE
OF REPRESENTATIVES.
(D) THE PARLIAMENTARIAN OF THE HOUSE OF REPRESENTATIVES.
(E) THE LEGISLATIVE REFERENCE BUREAU, WHICH SHALL PUBLISH
NOTICE OF THE CERTIFICATION IN THE PENNSYLVANIA BULLETIN.
(II) FAILURE OF THE SECRETARY OF THE COMMONWEALTH TO COMPLY
WITH CLAUSE (I) SHALL NOT IMPACT THE EFFECTIVENESS OF THE
PROPOSED CONSTITUTIONAL AMENDMENT.
(3) THE SECRETARY OF THE COMMONWEALTH SHALL DESIGNATE IN
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WRITING A DEPUTY TO OVERSEE THE ACTIVITIES UNDERTAKEN BY
EMPLOYES OF THE DEPARTMENT OF STATE TO ASSIST THE SECRETARY OF
THE COMMONWEALTH IN CARRYING OUT HIS OR HER DUTIES UNDER SECTION
1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA. THE DEPUTY
DESIGNATED UNDER THIS PARAGRAPH SHALL TAKE PHYSICAL CUSTODY OF
EACH PROPOSED CONSTITUTIONAL AMENDMENT UPON RECEIPT BY THE
DEPARTMENT OF STATE AND SHALL TRACK THE COMPLIANCE WITH THE
WRITTEN POLICIES UNDER PARAGRAPH (4)(I) AND THE OVERALL PROGRESS
OF THE REQUIRED PUBLICATION UNDER SECTION 1 OF ARTICLE XI OF THE
CONSTITUTION OF PENNSYLVANIA.
(4) (I) THE SECRETARY OF THE COMMONWEALTH, IN CONSULTATION
WITH THE OFFICE OF GENERAL COUNSEL, SHALL ESTABLISH A WRITTEN
POLICY TO INSTRUCT EMPLOYES OF THE DEPARTMENT OF STATE ON THE
INTERNAL AND SEQUENTIAL PROCEDURES NECESSARY TO PROPERLY RECEIVE
PROPOSED CONSTITUTIONAL AMENDMENTS PASSED BY THE GENERAL
ASSEMBLY AND TO COMPLETE THE PUBLICATION OF A PROPOSED
CONSTITUTIONAL AMENDMENT UNDER SECTION 1 OF ARTICLE XI OF THE
CONSTITUTION OF PENNSYLVANIA. THE WRITTEN POLICY UNDER THIS
CLAUSE SHALL DO ALL OF THE FOLLOWING:
(A) ASSIGN SPECIFIC DUTIES TO SPECIFIC BUREAUS AND OFFICES
WITHIN THE DEPARTMENT OF STATE.
(B) PROVIDE FOR NECESSARY SAFEGUARDS AND REVIEWS TO ENSURE
THE PROPER PUBLICATION OF ALL PROPOSED CONSTITUTIONAL AMENDMENTS
AS REQUIRED UNDER SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF
PENNSYLVANIA.
(C) PROVIDE FOR PERIODIC TRAINING OF EMPLOYES ASSIGNED
DUTIES UNDER THE WRITTEN POLICIES. THE TRAINING SHALL BE
CONDUCTED BY THE DEPUTY DESIGNATED UNDER PARAGRAPH (3) AND THE
OFFICE OF GENERAL COUNSEL. UPON REQUEST, THE LEGISLATIVE
REFERENCE BUREAU SHALL ASSIST IN THE PREPARATION OF THE TRAINING
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UNDER THIS CLAUSE.
(D) PROVIDE DIRECTION THAT AN EMPLOYE WITH A QUESTION ABOUT
THE PROCEDURES SHALL CONSULT WITH THE DEPUTY DESIGNATED UNDER
PARAGRAPH (3).
(II) THE DEPARTMENT OF STATE SHALL SUBMIT A COPY OF THE
WRITTEN POLICIES UNDER THIS CLAUSE TO THE LEGISLATIVE REFERENCE
BUREAU.
(III) A COPY OF THE POLICY UNDER CLAUSE (I) SHALL BE GIVEN
TO EACH EMPLOYE WHO HAS DUTIES UNDER THE POLICY UPON HIRING AND
NO LATER THAN FEBRUARY OF EACH ODD-NUMBERED YEAR. AN EMPLOYE
RECEIVING A COPY OF THE POLICY UNDER THIS CLAUSE SHALL EXECUTE A
FORM STATING THAT HE OR SHE IS AWARE OF AND UNDERSTANDS HOW TO
COMPLETE THE DUTIES UNDER THE POLICY. A COPY OF THE EXECUTED
FORM SHALL BE MAINTAINED WITHIN THE EMPLOYE'S PERSONNEL FILE IN
ACCORDANCE WITH THE GENERALLY APPLICABLE DOCUMENT RETENTION
POLICY.
Section 2. This act shall take effect in 60 days.
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