"THE ADMINISTRATIVE CODE OF 1929" |
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| Act of Apr. 9, 1929, P.L. 177, No. 175 | Cl. 71 | |
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. (Title amended Oct. 30, 2017, P.L.379, No.40)
TABLE OF CONTENTS
Article I. Short Title and General Reorganization
Section 1. Short Title.
Section 2. Certain Existing Boards and Commissions Abolished.
Section 3. Documents.
Article II. Administrative Organization.
Section 201. Executive Officers, Administrative Departments and Independent Administrative Boards and Commissions.
Section 202. Departmental Administrative Boards, Commissions, and Offices.
Section 203. Advisory Boards and Commissions.
Section 204. Executive Board.
Section 205. Pennsylvania State Police.
Section 206. Department Heads.
Section 207. Appointment (Repealed).
Section 207.1. Gubernatorial Appointments.
Section 208. Terms of Office.
Section 209. Compensation of the Governor, Lieutenant Governor, and the Heads of Departments (Repealed).
Section 210. Compensation of Members of Administrative Boards and Commissions.
Section 211. Employes of the Governor's Office.
Section 212. Bureaus and Divisions.
Section 213. Deputies.
Section 214. Employment and Compensation of Directors, Bureau Chiefs, and Other Employes.
Section 215. Extra Compensation Prohibited.
Section 216. Expenses.
Section 217. Qualifications.
Section 218. Oath of Office.
Section 219. Fidelity Bonds.
Section 220. Departmental Offices.
Section 221. Office Hours.
Section 222. Work-Hours and Leaves.
Section 223. Payday.
Section 224. Local Tax Withholding of Commonwealth Employes.
Section 225. Employes with Access to Federal Tax Information (Repealed).
Section 226. Criminal History Background Checks of Employes and Contractors with Access to Federal Tax Information.
Article III. Organization of Independent Administrative
Section 301. Pennsylvania Game Commission (Repealed).
Section 302. Pennsylvania Fish Commission (Repealed).
Section 303. Pennsylvania Public Utility Commission (Repealed).
Section 304. Pennsylvania Historical and Museum Commission (Repealed).
Section 304.1. Pennsylvania Historical and Museum Commission Volunteer Program.
Section 305. Pennsylvania Securities Commission (Repealed).
Section 306. Agricultural Lands Condemnation Approval Board.
Section 307. The Pennsylvania Industrial Development Authority; Additional Members.
Section 308. Terms of Office Under Pennsylvania Intergovernmental Cooperation Authority.
Section 309. Pennsylvania Gaming Control Board.
Section 310. Pennsylvania Commission on Crime and Delinquency.
Section 311. Center for Rural Pennsylvania (Repealed).
Article IV. Organization of Departmental Administrative
Boards and Commissions and of Advisory Boards
Section 401. Boards of Trustees of State Institutions.
Section 401.1. Boards of Trustees of State Colleges and Universities (Repealed).
Section 401.2. Pennsylvania Higher Education Assistance Agency.
Section 402. State Employes' Retirement Board (Repealed).
Section 403. Board of Pardons (Repealed).
Section 404. Board of Commissioners on Uniform State Laws.
Section 405. Board of Finance and Revenue (Repealed).
Section 406. Board of Property.
Section 407. Pennsylvania Aeronautics Commission (Repealed).
Section 408. State Council of Education (Repealed).
Section 408.1. The State Board of Education (Repealed).
Section 409. Pennsylvania State Board of Censors (Repealed).
Section 410. Public School Employes' Retirement Board (Repealed).
Section 411. Pennsylvania Historical Commission (Repealed).
Section 412. State Board of Medical Education and Licensure (Repealed).
Section 412.1. State Board of Physical Therapy Examiners (Repealed).
Section 413. State Board of Pharmacy (Repealed).
Section 414. State Dental Council and Examining Board (Repealed).
Section 415. State Board of Optometrical Examiners (Repealed).
Section 416. State Board of Osteopathic Medical Examiners (Repealed).
Section 417. Osteopathic Surgeons' Examining Board (Repealed).
Section 418. State Board of Nurse Examiners (Repealed).
Section 419. State Board of Funeral Directors (Repealed).
Section 420. State Board of Veterinary Medical Examiners (Repealed).
Section 421. State Board of Examiners of Public Accountants (Repealed).
Section 422. State Board of Examiners of Architects (Repealed).
Section 423. Mine Inspectors' Examining Board for the Bituminous Coal Mines of Pennsylvania (Repealed).
Section 424. Anthracite Mine Inspectors' Examining Board (Repealed).
Section 425. State Registration Board for Professional Engineers (Repealed).
Section 426. Armory Board of the State of Pennsylvania (Repealed).
Section 427. State Athletic Commission (Repealed).
Section 428. Board to License Private Bankers (Repealed).
Section 429. Pennsylvania Securities Commission (Repealed).
Section 430. State Farm Products Show Commission.
Section 431. Water and Power Resources Board (Repealed).
Section 432. Geographic Board (Repealed).
Section 432.1. State Geospatial Coordinating Board.
Section 433. Lake Erie and Ohio River Canal Board (Repealed).
Section 434. Pennsylvania State Park and Harbor Commission of Erie (Repealed).
Section 435. Washington Crossing Park Commission (Repealed).
Section 436. Valley Forge Park Commission (Repealed).
Section 437. Fort Washington Park Commission (Repealed).
Section 438. Mine Inspectors.
Section 439. Sanitary Water Board (Repealed).
Section 440. Anatomical Board (Repealed).
Section 441. Workmen's Compensation Appeal Board.
Section 442. Workmen's Compensation Referees.
Section 442.1. Unemployment Compensation Board of Review.
Section 443. State Workmen's Insurance Board.
Section 444. State Council for the Blind (Repealed).
Section 445. The Industrial Board.
Section 446. Board of Commissioners of Public Grounds and Buildings.
Section 447. State Art Commission.
Section 448. Advisory Boards and Commissions.
Section 449. State Bridge Commission (Repealed).
Section 450. State Board of Public Assistance (Repealed).
Section 451. State Planning Board.
Section 452. State Civil Service Commission (Repealed).
Section 453. State Real Estate Commission (Repealed).
Section 454. Public Service Institute Board.
Section 455. State Board of Private Academic Schools (Repealed).
Section 456. The State Board of Private Business Schools (Repealed).
Section 457. The State Board of Private Trade Schools (Repealed).
Section 458. The State Board of Private Correspondence Schools (Repealed).
Section 459. State Board of Cosmetology (Repealed).
Section 460. Bushy Run Battlefield Commission (Repealed).
Section 461. State Board of Chiropractic Examiners (Repealed).
Section 462. State Board of Barber Examiners (Repealed).
Section 463. Advisory Council on Affairs of the Handicapped.
Section 464. State Board of Podiatry Examiners (Repealed).
Section 464.1. Additional Powers of the State Board of Occupational Therapy Education and Licensure.
Section 465. Advisory Board on Problems of Older Workers.
Section 466. Coal Research Board (Repealed).
Section 467. Oil and Gas Conservation Commission (Repealed).
Section 468. State Transportation Commission.
Section 469. Pennsylvania Crime Commission (Repealed).
Section 469.1. Transition Provisions for the Pennsylvania Crime Commission (Expired).
Section 470. State Board of Examiners of Nursing Home Administrators (Repealed).
Section 471. Environmental Quality Board.
Section 472. Environmental Hearing Board (Repealed).
Section 473. State Board for Certification of Sewage Treatment Plant and Waterworks Operators.
Section 474. State Soil Conservation Commission.
Section 475. Navigation Commission for the Delaware River and its Navigable Tributaries.
Section 476. State Board of Auctioneer Examiners (Repealed).
Section 476.1. State Board of Psychologist Examiners (Repealed).
Section 476.2. State Board of Landscape Architects (Repealed).
Section 477. Definitions (Repealed).
Section 477.1. Bureau of Victim's Services (Repealed).
Section 477.1a. Expiration (Repealed).
Section 477.2. Powers and Duties of Bureau (Repealed).
Section 477.3. Persons Eligible for Compensation (Repealed).
Section 477.4. Filing of Claims for Compensation (Repealed).
Section 477.5. Minimum Allowable Claim (Repealed).
Section 477.6. Determination of Claims (Repealed).
Section 477.7. Judicial Review (Repealed).
Section 477.8. Emergency Awards (Repealed).
Section 477.9. Awards (Repealed).
Section 477.10. Manner of Payment (Repealed).
Section 477.11. Confidentiality of Records (Repealed).
Section 477.12. Subrogation (Repealed).
Section 477.13. Restitution (Repealed).
Section 477.14. Penalty (Repealed).
Section 477.15. Costs (Repealed).
Section 477.16. Effective Date (Repealed).
Section 477.17. Responsibilities of State and Local Law Enforcement Agencies (Repealed).
Section 477.18. Distribution of Moneys Received as a Result of the Commission of Crime (Repealed).
Section 477.19. Responsibilities of Service Providers and Insurance Companies (Repealed).
Section 477.20. Costs for Offender Supervision Programs (Repealed).
Section 477.21. Victims' Services Advisory Committee (Repealed).
Section 477.22. Powers and Duties of the Victims' Services Advisory Committee (Repealed).
Section 478. Office for Procurement Information (Repealed).
Section 479. Legislative Intent (Repealed).
Section 479.1. Definitions (Repealed).
Section 479.2. Eligibility of Victims (Repealed).
Section 479.3. Basic Bill of Rights for Victims (Repealed).
Section 479.4. Establishment of Basic Services for Victims of Crime (Repealed).
Section 479.5. Grant Program for Services (Repealed).
Section 479.6. Responsibilities of Law Enforcement Agencies under Basic Bill of Rights (Repealed).
Section 479.7. Responsibilities of Prosecutor's Office (Repealed).
Section 479.8. Responsibilities of Department of Corrections, Local Correctional Facilities and Board (Repealed).
Section 479.9. Responsibilities of Department of Public Welfare and Mental Health Institutions under Basic Bill of Rights (Repealed).
Section 479.10. Responsibilities of Victims of Crime under Basic Bill of Rights (Repealed).
Section 479.11. Effect on Legal Actions (Repealed).
Article V. Powers and Duties in General.
Section 501. Coordination of Work.
Section 502. Cooperative Duties.
Section 503. Departmental Administrative Boards and Commissions.
Section 504. Departmental Reports.
Section 505. Departmental Seals.
Section 506. Rules and Regulations.
Section 507. Purchases.
Section 508. Erection, Repairs, or Alterations of and Additions to Buildings.
Section 509. Bonds and Insurance.
Section 510. Disposition of Unserviceable Personal Property; Surplus or Unserviceable Road, Bridge Materials or Equipment.
Section 511. Sale and Transfer of Surplus Products and Unneeded Purchased Supplies.
Section 512. Legal Advice and Services (Repealed).
Section 513. Acceptance of Gifts or Donations.
Section 514. Sale of Real Estate and Grants of Rights of Way or Other Rights Over or in Real Estate; Tapping Water Lines of Institutions and Sanatoria.
Section 515. Automobiles.
Section 516. Contracts.
Section 517. Administering Oaths.
Section 518. Meetings of Boards and Commissions.
Section 519. Geographic Names.
Section 520. Subpoenas.
Section 521. Publications.
Section 522. Wage Specifications in Contracts for Public Works.
Section 523. Reciprocal Limitations upon the Purchase of Supplies and Materials (Repealed).
Section 524. Disposition of Useless Records.
Section 525. Microfilming Records.
Section 526. Aircraft for Official Use (Repealed).
Section 527. Filing and Record Systems.
Section 528. Cotton Fabrics.
Section 529. Medical Insurance Coverage for Survivor-Spouses of Annuitants.
Section 530. Aviation Restricted Account.
Article V-A. Office of State Inspector General.
Section 501-A. Definitions.
Section 502-A. Office of State Inspector General.
Section 503-A. Powers, purpose and duties.
Section 504-A. Request for information.
Section 505-A. Subpoenas and witness fees.
Section 506-A. Criminal charges.
Section 507-A. Complaint, disclosure and reprisal.
Section 508-A. Appropriation.
Section 509-A. Report to General Assembly.
Article V-B. Pennsylvania Emergency Management Agency (Repealed).
Section 501-B. Flood Plain Management (Repealed).
Article VI. Commonwealth Budget Procedures.
Section 601. Scope of article.
Section 602. Definitions.
Section 603. List of Employes to Be Furnished to Certain State Officers (Repealed).
Section 604. Estimates of Current Expenditures by Departments, Boards, and Commissions (Repealed).
Section 605. Estimates of Current Expenditures by Departments of Elective Officers (Repealed).
Section 606. Departmental Administrative Bodies, Boards, and Commissions (Repealed).
Section 607. Fiscal Year (Repealed).
Section 608. Fiscal Period (Repealed).
Section 609. Office of the Budget.
Section 610. Preparation of Budget.
Section 611. Program Evaluation.
Section 612. Fiscal Notes.
Section 613. Submission of Budget to General Assembly.
Section 614. List of Employes to be Furnished to Certain State Officers.
Section 615. Estimates of Current Expenditures by Departments, Boards and Commissions.
Section 616. Estimates of Current Expenditures by Elective Officers.
Section 617. Fiscal Period.
Section 618. Revenue Estimates.
Section 618.1. Revision of Revenue Estimates.
Section 619. Transmission of Budget Information to the General Assembly.
Section 620. Budget Implementation Data.
Section 620.1. Electronic Access of Information.
Section 621. Lapsing of Funds.
Section 622. Transfer of Portion of Surplus (Repealed).
Section 623. Disposition of Commonwealth Assets.
Section 624. Tax Expenditures.
Section 625. Reappropriation of Lapsed Energy Conservation and Assistance Fund Money.
Article VI-A. Commonwealth Agency Fees.
Section 601-A. Definitions.
Section 602-A. Department of Agriculture.
Section 603-A. Department of Banking and Securities.
Section 604-A. Department of Commerce (Repealed).
Section 605-A. Department of Community Affairs.
Section 606-A. Department of Education.
Section 607-A. Department of Environmental Resources.
Section 608-A. Harness Racing Commission.
Section 609-A. Department of Health.
Section 610-A. Health Care Providers.
Section 611-A. Horse Racing Commission.
Section 612-A. Insurance Department.
Section 613-A. Department of Labor and Industry to Collect Fees.
Section 614-A. Liquor Control Board.
Section 615-A. Pennsylvania Securities Commission (Deleted by amendment).
Section 616-A. Pennsylvania State Police.
Section 617-A. Historical and Museum Commission (Repealed).
Section 618-A. Department of State.
Section 619-A. Department of Transportation.
Section 625-A. Fees Prohibited.
Article VI-B. Independent Fiscal Office.
Section 601-B. Scope of article.
Section 602-B. Definitions.
Section 603-B. Office established.
Section 604-B. Duties of office.
Section 605-B. Revenue estimates.
Section 606-B. Budget information.
Section 607-B. Expenditures.
Section 608-B. Revenue conference.
Section 609-B. Access to information.
Section 610-B. Selection and organization committee.
Section 611-B. Appointment.
Section 612-B. Powers and duties of director.
Section 613-B. Records.
Section 614-B. Applicability.
Section 615-B. Additional duties.
Article VII. Powers and Duties of the Governor and Other
Constitutional Officers; of the Executive Board; and
of the Pennsylvania State Police.
Section 701. The Governor.
Section 702. Lieutenant Governor.
Section 703. Secretary of the Commonwealth.
Section 704. Attorney General (Repealed).
Section 705. Secretary of Internal Affairs (Repealed).
Section 706. Auditor General.
Section 707. State Treasurer.
Section 708. Superintendent of Public Instruction.
Section 709. Executive Board.
Section 710. Pennsylvania State Police.
Section 711. Commissioner of Pennsylvania State Police.
Section 712. The Pennsylvania State Police Force.
Section 713. Resident State Trooper Program.
Article VIII. Powers and Duties of the Department of State
and its Departmental Administrative Board.
Section 801. Powers and Duties in General.
Section 802. General Administration.
Section 803. Elections.
Section 803.1. Special Election Costs (Repealed).
Section 804. Legislation.
Section 805. Corporations.
Section 806. Registration.
Section 807. Warrants.
Section 808. State Employes' Retirement Board (Repealed).
Section 809. Commissions.
Section 810. Professional and Occupational Affairs.
Section 811. Certificate, License, Permit or Registration.
Section 812. Professional and Occupational Examining and Licensing Boards.
Section 812.1. Administration of Examinations.
Section 812.2. Legislative Approval or Disapproval; Effect (Repealed).
Section 813. Public Members of Licensing Boards and Commissions.
Section 814. Corporation Bureau Restricted Account (Repealed).
Section 815. Report on Implementation of 2020 General Primary Election.
Section 816. Equity Reporting.
Article IX. Powers and Duties of the Department of Justice
and Its Departmental Administrative Boards.
Section 901. Powers and Duties in General (Repealed).
Section 902. Legal Advice (Repealed).
Section 903. Litigation (Repealed).
Section 904. Investigation and Law Enforcement (Repealed).
Section 905. Codification of the Laws (Repealed).
Section 905.1. Power to Make Grants (Repealed).
Section 905.2. Acceptance or Refusal of Grants (Repealed).
Section 906. Deputy Attorneys General (Repealed).
Section 907. Special Attorneys in Criminal Cases (Repealed).
Section 908. Access to Books and Papers (Repealed).
Section 909. Board of Pardons (Repealed).
Section 910. Board of Commissioners on Uniform State Laws.
Section 911. Penal and Correctional Institutions (Repealed).
Section 912. Bureau of Correction (Repealed).
Section 913. Deputy Commissioner for Treatment (Repealed).
Section 914. Personnel (Repealed).
Section 914.1. Inmate Labor at Nonpenal Institutions (Repealed).
Section 915. Inmate Labor (Repealed).
Section 916. Boards of Trustees of State Institutions (Repealed).
Section 917. Bureau of Consumer Protection.
Section 918. Powers and Duties of Bureau of Consumer Protection.
Section 919. Authority of Attorney General and Director of Bureau of Consumer Protection.
Section 920. Appointment of Personnel.
Section 921. Limitation on Powers and Duties; Relationship to Other Agencies.
Section 922. Advisory Committees.
Section 922.1. Collections by Attorney General.
Section 923. Pennsylvania Crime Commission (Repealed).
Section 924. Duties of the Attorney General Relative to Criminal Statistics (Repealed).
Section 925. Duties of Public Agencies and Officers in Reporting Criminal Statistics (Repealed).
Section 926. Duty of Attorney General to Defend Actions.
Article IX-A. Office of Consumer Advocate.
Section 901-A. Definitions.
Section 902-A. Office of Consumer Advocate.
Section 903-A. Assistant Consumer Advocates; Employes.
Section 904-A. Powers and Duties of the Consumer Advocate.
Section 904-A.1. Assessment Upon Public Utilities, Disposition, Appropriation and Disbursement of such Assessments.
Section 905-A. Duties of the Commission.
Section 906-A. Savings Provision; Construction.
Section 907-A. Reports.
Section 908-A. Office of Consumer Advocate to Continue (Repealed).
Article IX-B. Powers and Duties of the Department
Section 900-B. Definitions.
Section 901-B. General Powers and Duties of the Department.
Section 902-B. Power to Contract.
Section 903-B. Payment of Inmate Medical Needs.
Section 904-B. Power to Assess and Collect Costs.
Section 905-B. Establishment of Bureau.
Section 906-B. Responsibilities.
Section 907-B. Funding.
Section 908-B. Transfer and Regulations.
Section 909-B. Certificates of Education Completion.
Section 910-B. Local Educational Agency.
Section 911-B. Advisory Committee.
Section 912-B. Employment.
Section 913-B. Retirement.
Section 914-B. Existing Contracts.
Section 915-B. Notice of Public Hearing for State Correctional Institution Closure.
Article X. Powers and Duties of the Department of the
Section 1001. Powers and Duties Retained.
Section 1002. Chief Counsel; Deputies.
Section 1003. Powers and Duties of Chief Counsel.
Section 1004. Transferring Certain Powers and Duties Relating to Municipal Pension Reporting and Analysis.
Section 1005. Transfer of Certain Employes.
Article XI. Powers and Duties of the Treasury Department.
Section 1101. Powers and Duties Retained.
Section 1101.1. Investment Powers (Repealed).
Section 1102. Board of Finance and Revenue.
Section 1103. State Employes' Retirement Board (Repealed).
Section 1104. Copies of Contracts to be Furnished to the State Treasurer (Repealed).
Section 1105. Transfer of Powers and Duties Relating to Abandoned and Unclaimed Property from the Secretary of Revenue.
Section 1106. Transfer of Personnel, Appropriations, Records, Equipment and other Materials involved with Abandoned and Unclaimed Property.
Article XII. Powers and Duties of the Department of
Internal Affairs and its Departmental
Administrative Board and Commission.
Section 1201. Powers and Duties Retained (Repealed).
Section 1202. Topographic and Geologic Survey (Repealed).
Section 1203. Land Office.
Section 1204. Municipalities.
Section 1205. Statistics and Information.
Section 1206. Standards.
Section 1207. Board of Property.
Section 1208. Pennsylvania Aeronautics Commission (Repealed).
Section 1209. Local Government Budget and Financial Reports; Compilation of Statistics.
Section 1210. Pennsylvania System of Coordinates.
Article XIII. Powers and Duties of the Department of
Public Instruction and its Departmental
Administrative Boards and Commissions.
Section 1301. Powers and Duties in General.
Section 1302. Public Schools.
Section 1303. Vocational Education.
Section 1304. Professional Education and Licensure.
Section 1304.1. Certificate, License, Permit or Registration (Repealed).
Section 1305. Library and Museum (Repealed).
Section 1306. Pennsylvania State Board of Censors (Repealed).
Section 1307. State Council of Education (Repealed).
Section 1308. Public School Employes' Retirement Board (Repealed).
Section 1309. Bureau of Higher Education.
Section 1310. Professional Examining Boards (Repealed).
Section 1311. Boards of Trustees of State Institutions Within the Department.
Section 1311.1. The Powers and Duties of Boards of Trustees of State Colleges and Universities (Repealed).
Section 1312. State Civil Service Commission.
Section 1313. Public Service Institute Board.
Section 1314. State Commission on Academic Facilities (Repealed).
Section 1315. Powers and Duties of State Commission on Academic Facilities (Repealed).
Section 1316. Duties of the Superintendent of Public Instruction.
Section 1316.1. Ethnic Heritage Studies Center.
Section 1317. The Powers and Duties of the State Board of Education (Repealed).
Section 1318. Cooperation Between the State Board of Education and Department of Public Instruction (Repealed).
Section 1319. Program and Procedure (Repealed).
Section 1320. Reports and Recommendations (Repealed).
Section 1321. Collective Bargaining.
Section 1322. Higher Education Regulatory Restricted Account.
Article XIV. Powers and Duties of the Department of
Military Affairs and its Departmental
Section 1401. Powers and Duties in General (Repealed).
Section 1402. Pennsylvania National Guard (Repealed).
Section 1403. Pensions and Relief (Repealed).
Section 1404. Naval Militia (Repealed).
Section 1405. Loans of Arms and Accoutrements (Repealed).
Section 1406. State Military Cemetery (Repealed).
Section 1407. The Armory Board of the State of Pennsylvania(Repealed).
Section 1408. State Athletic Commission (Repealed).
Section 1409. Board of Trustees of Pennsylvania Soldiers' and Sailors' Home (Repealed).
Section 1410. State Military Reservation Commission (Repealed).
Section 1411. State Veterans Commission (Repealed).
Section 1412. Deputy Adjutant General in Charge of Veteran Affairs; Specific Duties (Repealed).
Section 1413. Indiantown Gap Military Reservation.
Section 1414. Hollidaysburg Veterans' Home.
Section 1415. Use of Pennsylvania National Guard for Special State Duty (Repealed).
Section 1416. Supplemental Pay for Enlisted Personnel Performing Federally Funded Duty.
Section 1417. Incarceration of Civilian Prisoners Prohibited.
Article XV. Powers and Duties of the Insurance Department.
Section 1501. Powers and Duties in General.
Section 1502. Insurance.
Article XV-A. Joint Underwriting Association (Repealed).
Section 1501-A. Findings (Repealed).
Section 1502-A. Definitions (Repealed).
Section 1503-A. Payment (Repealed).
Section 1504-A. No liability (Repealed).
Section 1505-A. Exclusive jurisdiction (Repealed).
Section 1506-A. Sunset (Repealed).
Article XV-B. Joint Underwriting Association Accountability.
Section 1501-B. Definitions.
Section 1502-B. Appropriations.
Section 1503-B. Reports and hearings.
Section 1504-B. Board meetings.
Section 1505-B. Construction.
Section 1506-B. Requirements.
Article XV-C. Flood Insurance Premium Assistance Task Force.
Section 1501-C. Definitions.
Section 1502-C. Findings.
Section 1503-C. Flood Insurance Premium Assistance Task Force.
Article XVI. Powers and Duties of the Department
of Banking and Securities and its Departmental
Administrative Board and Commission.
Section 1601. Powers and Duties in General.
Section 1602. Banking Supervisory Powers.
Section 1603. Banking Laws.
Section 1604. Board to License Private Bankers.
Section 1605. Appropriations for Expenses of Department of Banking; Receipts (Repealed).
Article XVII. Powers and Duties of the Department of
Agriculture and its Departmental Administrative
Section 1701. Powers and Duties in General.
Section 1702. Animal Industry.
Section 1703. Plant Industry.
Section 1704. Markets.
Section 1705. Foods.
Section 1706. Chemistry.
Section 1707. Statistics.
Section 1708. Quarantines.
Section 1709. State Farm Products Show Commission.
Section 1710. Investigation and Control of Insects, other Arthropods and Rodents.
Section 1711. Milk Sanitation.
Section 1712. On-Farm-Produced Denatured Ethyl Alcohol.
Section 1713. Licensing of Poultry Dealers and Transporters.
Section 1714. Anaerobic Manure Digesters.
Section 1715. Seasonal Farm Labor.
Section 1716. Supplemental Agricultural Conservation Easement Purchase Program.
Article XVIII. Powers and Duties of the Department
of Forests and Waters, its Officers and
Departmental Administrative and
Advisory Boards and Commissions
Section 1801. Powers and Duties in General (Repealed).
Section 1802. Forest Powers and Duties (Repealed).
Section 1803. Forest Powers (Repealed).
Section 1804. Waters (Repealed).
Section 1805. Cooperation with Municipalities (Repealed).
Section 1806. Parks (Repealed).
Section 1807. Pennsylvania State Forest School (Repealed).
Section 1808. Water and Power Resources Board (Repealed).
Section 1809. Geographic Board (Repealed).
Section 1810. Flood Control Commission (Repealed).
Section 1811. Pennsylvania State Park and Harbor Commission of Erie (Repealed).
Section 1812. Washington Crossing Park Commission (Repealed).
Section 1813. Valley Forge Park Commission (Repealed).
Section 1814. Fort Washington Park Commission (Repealed).
Section 1815. State Forest Commission (Repealed).
Section 1816. Bushy Run Battlefield Commission (Repealed).
Section 1817. Powers of Forest Officers (Repealed).
Section 1818. Powers of Chief Forest Fire Warden (Repealed).
Section 1819. Powers of District Forest Fire Wardens (Repealed).
Section 1820. Powers of Local Forest Fire Wardens (Repealed).
Section 1821. Powers of all Forest Fire Wardens (Repealed).
Section 1822. Powers and Duties of the State Parks Commission (Repealed).
Section 1823. Powers and Duties of State Park Boards (Repealed).
Article XIX. Powers and Duties of the Department of
Mines and its Departmental Administrative
Section 1901. Powers and Duties in General (Repealed).
Section 1902. Mines (Repealed).
Section 1903. Mine Inspectors (Repealed).
Section 1904. Research for New Uses of Anthracite and Bituminous Coal (Repealed).
Section 1905. Mine Inspectors' Examining Boards (Repealed).
Section 1906. Coal Research Board (Repealed).
Section 1907. Oil and Gas Conservation Commission (Repealed).
Article XIX-A. Powers and Duties of the Department of
Environmental Resources, its Officers and
Departmental and Advisory Boards and
Section 1901-A. Powers and Duties in General.
Section 1902-A. Forest Powers and Duties (Repealed).
Section 1903-A. Forest Powers; Lease of Small Areas of State Forests (Repealed).
Section 1904-A. Waters.
Section 1904-A.1. Uranium Tailings.
Section 1904-A.2. Nuclear Facility Fees (Repealed).
Section 1905-A. Cooperation with Municipalities.
Section 1906-A. Parks (Repealed).
Section 1907-A. Pennsylvania State Forest School (Repealed).
Section 1908-A. Water and Power Resources.
Section 1909-A. Flood Control.
Section 1910-A. Powers of Forest Officers (Repealed).
Section 1911-A. Powers of Chief Forest Fire Warden (Repealed).
Section 1912-A. Powers of District Forest Fire Wardens (Repealed).
Section 1913-A. Powers of Local Forest Fire Wardens (Repealed).
Section 1914-A. Powers of all Forest Fire Wardens (Repealed).
Section 1915-A. Mines.
Section 1916-A. Mine Inspectors.
Section 1917-A. Abatement of Nuisances.
Section 1918-A. Water Supply.
Section 1919-A. Housing.
Section 1920-A. Environmental Quality Board.
Section 1921-A. Environmental Hearing Board (Repealed).
Section 1922-A. Citizens Advisory Council.
Section 1923-A. State Board for Certification of Sewage Treatment Plant and Waterworks Operators.
Section 1924-A. Topographic and Geologic Survey (Repealed).
Section 1925-A. Soil Conservation.
Section 1926-A. Lease of Land for Right-of-Way (Repealed).
Section 1927-A. Natural Gas Determinations.
Section 1928-A. Conflict of Interest in Mining and Oil and Gas Regulation.
Section 1929-A. Expenditures for Correctional Institutions.
Section 1930-A. Powers of Environmental Quality Board.
Section 1931-A. Environmental Resources Review Procedures.
Section 1932-A. Tree Harvesting Practices (Expired).
Section 1933-A. Payments for Certain Inspectors.
Section 1934-A. Bonds for Certain Wells.
Section 1935-A. Timetable for Review of Municipal Waste Landfill and Resource Recovery Facility Permit Applications.
Section 1936-A. Recycling Fund Advisory Committee.
Section 1937-A. Municipal Recycling Grants.
Section 1938-A. Water Treatment Facilities.
Section 1939-A. General Permit for Transfer, Storage or Processing of Oil and Gas Liquid Waste.
Powers and Duties of Department of
Conservation and Natural Resources
Section 1901-B. (Reserved).
Section 1902-B. State park feasibility study.
Section 1903-B. Project 70.
Article XX. Powers and Duties of the Department of
Section 2001. Powers and Duties in General.
Section 2001.1. Certain Contracts by the Secretary.
Section 2001.2. Prohibition of Diversion of Funds.
Section 2001.3. Deputy Secretaries.
Section 2001.4. State Transportation Advisory Committee.
Section 2001.5. Mandatory Deduction of Bridge Inspection Costs.
Section 2002. Powers and Duties of the Department.
Section 2003. Machinery, Equipment, Lands and Buildings.
Section 2004. Districts.
Section 2005. General Road Improvement.
Section 2006. Township Roads.
Section 2007. State Reward Fund (Repealed).
Section 2008. Toll Roads and Bridges.
Section 2009. Rebuilding County Bridges Destroyed by Flood, Fire and Other Casualty.
Section 2010. State Bridge Commission (Repealed).
Section 2011. State Transportation Commission.
Section 2012. Navigation Commission for the Delaware River (Repealed).
Section 2013. Prohibition on Expenditures for Emission Inspection Program (Repealed).
Section 2014. Pennsylvania System of Coordinates.
Section 2015. Pennsylvania Infrastructure Bank.
Article XXI. Powers and Duties of the Department of Health and its Departmental Administrative
(a) General Provisions
Section 2101. Powers and Duties in General.
Section 2102. General Health Administration.
Section 2102.1. Recovery of Blood Plasma Proteins.
Section 2103. Housing (Repealed).
Section 2104. Vital Statistics.
Section 2105. Health Districts and Officers.
Section 2106. Quarantines.
Section 2107. Tuberculosis Sanatoria.
Section 2108. Narcotic Drugs.
Section 2109. Water Pollution (Repealed).
Section 2110. Sanitary Water Board (Repealed).
Section 2111. Advisory Health Board.
Section 2112. State Board of Undertakers (Repealed).
Section 2113. State Hospital for Crippled Children (Repealed).
Section 2114. Alcoholism.
Section 2115. Speech and Hearing Rehabilitation Centers.
Section 2116. Cystic Fibrosis Program.
Section 2117. Center for Treatment of Physical and Neuro- developmental Disabilities.
Section 2118. Lease Authority.
Section 2119. Finances.
Section 2120. Additional Powers and Duties of the Department.
Section 2121. Exception to Certificate of Need.
Section 2122. Expiration of Certificate of Need Process Generally.
Section 2123. Residential Drug and Alcohol Treatment Programs for Pregnant Women and Mothers and Their Dependent Children.
Section 2124. Staff Training and Referral Mechanisms.
Section 2125. Anatomical Gift.
Section 2126. Emergency Drug and Alcohol Detoxification Program.
(b) Death Review Teams
Section 2127. Definitions.
Section 2128. Suicide or overdose death review teams.
Section 2129. Duties of death review team.
Section 2130. Duties of department.
Section 2131. Authority to access records.
Section 2132. Requests for records.
Section 2133. Confidentiality of death review team records and meetings.
Section 2134. Criminal and civil liability protections.
Article XXI-A. Osteoporosis Prevention and Education Program.
Section 2101-A. Scope.
Section 2102-A. Definitions.
Section 2103-A. Program.
Section 2104-A. Public Awareness and Education.
Section 2105-A. Repository.
Section 2106-A. Technical Assistance.
Section 2107-A. Grant Acceptance.
Section 2108-A. Reporting.
Article XXI-B. Cervical Cancer Education and Prevention (Expired).
Section 2101-B. Short title of article (Expired).
Section 2102-B. Legislative intent (Expired).
Section 2103-B. Definitions (Expired).
Section 2104-B. Cervical Cancer Task Force (Expired).
Section 2105-B. Meetings (Expired).
Section 2106-B. Compensation and expenses (Expired).
Section 2107-B. Duties (Expired).
Section 2108-B. Report (Expired).
Section 2109-B. Expiration (Expired).
Article XXI-C. COVID-19 Debt Cost Reduction Review.
Section 2101-C. Review of refinancing opportunities.
Article XXI-D. COVID-19 Emergency Testing Plan and Reporting.
Section 2101-D. Definitions.
Section 2102-D. COVID-19 testing plan and reporting (Expired).
Article XXI-E. COVID-19 Record Retention
Section 2101-E. Definitions.
Section 2102-E. Retention of records related to COVID-19.
Section 2103-E. Construction.
Article XXI-F. COVID-19 Regulatory Flexibility Authority (Repealed).
Section 2101-F. Definitions (Repealed).
Section 2102-F. COVID-19 regulatory flexibility authority (Repealed).
Article XXII. Powers and Duties of the Department of Labor
and Industry, its Departmental Administrative
and Advisory Boards and Departmental
(a) General Provisions
Section 2201. Powers and Duties in General.
Section 2202. Inspection and Administration.
Section 2203. Investigations.
Section 2204. Statistics.
Section 2205. Rules and Regulations.
Section 2206. Mediation and Arbitration.
Section 2207. Women and Children.
Section 2208. Workmen's Compensation and Occupational Disease.
Section 2209. Rehabilitation.
Section 2209.1. The Advisory Council on Affairs of the Handicapped.
Section 2209.2. Advisory Board on Problems of Older Workers.
Section 2209.3. Policy, Planning and Evaluation Advisory Committee.
Section 2209.4. Joint Task Force on Misclassification of Employes (Expired).
Section 2210. Employment and Unemployment.
Section 2210.1. Older Workers.
Section 2211. State Workmen's Insurance Board.
Section 2211.1. Investigation of State Workmen's Insurance Fund (Expired).
Section 2212. Workmen's Compensation Board (Repealed).
Section 2213. Workmen's Compensation Referees.
Section 2214. Industrial Board.
Section 2214.1. Elevator Safety Board.
Section 2215. Fair Share Fee; Payroll Deduction.
Section 2215.1. Abrogation of Department Regulations.
Section 2216. Pennsylvania Conservation Corps (Repealed).
Section 2217. Above-Ground Refrigerated Low-Pressure Storage and Handling of Propane.
Section 2218. Workers' Compensation Assessment.
Section 2219. Bureau of Occupational and Industrial Safety.
(b) Services for the Blind and
Visually Impaired
Section 2221. Definitions.
Section 2222. Department.
Section 2223. Fund.
Section 2224. Business Enterprises; Equipment; Leases; Repayment.
Section 2225. Advisory Committee for the Blind.
(c) Little Randolph-Sheppard
Section 2231. Short Title of Subarticle.
Section 2232. Definitions.
Section 2233. Committee Established.
Section 2234. Blindness and Visual Services.
Section 2235. Licensing.
Section 2236. Veterans Preference.
Section 2237. Operation of Vending Facility.
Section 2238. Income.
Section 2239. Institutions of Higher Learning.
Section 2240. Appeal.
Article XXII-A. Department of Aging.
Section 2201-A. Objectives.
Section 2202-A. Definitions.
Section 2203-A. Powers and Duties in General.
Section 2204-A. Pennsylvania Council on Aging.
Section 2205-A. Planning and Service Area.
Section 2206-A. Designated Area Agencies.
Section 2207-A. Area Agencies; Powers and Duties.
Section 2208-A. Area Agency Advisory Councils.
Section 2209-A. Area Agencies; Reports and Plans.
Section 2210-A. Allocation of Resources.
Section 2211-A. Evaluation.
Section 2212-A. Demonstration Programs.
Section 2213-A. Pharmacy Reimbursement.
Section 2214-A. PACE and PACENET Program Payments.
Section 2215-A. Older Adult Daily Living Centers.
Article XXII-B. Coordination of Commonwealth
Community Service Programs (Repealed).
Section 2201-B. Definitions (Repealed).
Section 2202-B. Governor's Office of Citizen Service (PennSERVE) Established (Repealed).
Section 2203-B. Responsibilities of Office (Repealed).
Section 2204-B. Commonwealth Departments and Agencies (Repealed).
Section 2205-B. Liaison with Federal Government (Repealed).
Section 2206-B. Annual Report (Repealed).
Section 2207-B. Community Service Advisory Board (Repealed).
Section 2201-C. Definitions.
Section 2202-C. PennSERVE Office established.
Section 2203-C. Responsibilities and duties of office.
Section 2204-C. State coordination.
Section 2205-C. Federal coordination.
Section 2206-C. PennSERVE Advisory Board.
Article XXIII. Powers and Duties of the Department
of Public Welfare and its Departmental
Administrative and Advisory Boards
Section 2301. Powers and Duties in General.
Section 2302. Definitions (Repealed).
Section 2303. Supervisory Powers (Repealed).
Section 2304. Visitations and Inspections (Repealed).
Section 2305. Appointment of Visitorial Bodies (Repealed).
Section 2305.1. State Participation in Cooperative Federal Programs (Repealed).
Section 2306. Promotion of County Welfare Organizations (Repealed).
Section 2307. Recommendations (Repealed).
Section 2308. Rules and Regulations (Repealed).
Section 2309. Transfer, Parole or Discharge of Patients (Repealed).
Section 2310. Child Welfare (Repealed).
Section 2310.1. Reimbursement to Counties for Child Welfare Program (Repealed).
Section 2310.2. Annual Plans and Grants (Repealed).
Section 2310.3. Adjustment of Annual Grants (Repealed).
Section 2310.4. Administration of County Child Welfare Services (Repealed).
Section 2311. Restoration (Repealed).
Section 2312. Inmate Labor (Repealed).
Section 2313. Mental Health.
Section 2313.1. Commissioner of Mental Health (Repealed).
Section 2313.2. Advisory Council on Mental Health (Repealed).
Section 2313.3. Boards of Trustees of State Mental Institutions and Youth Development Centers (Repealed).
Section 2313.4. Operation of Eastern Pennsylvania Psychiatric Institute.
Section 2314. Approval of Plans and Mortgages (Repealed).
Section 2315. State Institutions (Repealed).
Section 2315.1. Stores at State Institutions (Repealed).
Section 2315.2. Utility Services for State Institutions (Repealed).
Section 2315.3. Powers State Institution Leases (Repealed).
Section 2315.4. Charges for Medical Services to be Fixed for State-owned Hospitals (Repealed).
Section 2316. Care of the Indigent (Repealed).
Section 2317. State Welfare Commission (Repealed).
Section 2318. Boards of Trustees of State Institutions (Repealed).
Section 2319. Western State Psychiatric Institute and Clinic (Repealed).
Section 2320. The Blind and Visually Handicapped (Repealed).
Section 2320.1. The Blind and Visually Handicapped (Repealed).
Section 2321. Pennsylvania Alcohol Permit Board (Repealed).
Section 2322. Juvenile Delinquency (Repealed).
Section 2323. Study Classification and Assignment (Repealed).
Section 2324. Definitions (Repealed).
Section 2325. Powers and Duties of the Department of Public Welfare (Repealed).
Section 2326. State Board of Public Assistance (Repealed).
Section 2327. Powers and Duties of the State Board of Public Welfare.
Section 2328. Powers and Duties of Advisory Committees.
Section 2329. Purchase of Services (Repealed).
Section 2330. Training Programs (Repealed).
Section 2331. Geriatric Centers (Repealed).
Section 2332. Annual Grants; Aid for Community Living for Aged Persons (Repealed).
Section 2333. Domestic Violence and Rape Victims Services.
Section 2334. Medical Assistance Payments.
Section 2335. Admissions to Drug and Alcohol Facilities.
Section 2336. Child Protective Services Fees.
Section 2337. Waiver Guidance.
Section 2338. Child Support Enforcement Fees.
Article XXIII-A. Powers and Duties of the Department
(a) General Provisions
Section 2301-A. Powers and duties.
Section 2302-A. Service Alignment.
Section 2303-A. Regulatory flexibility during opioid epidemic.
(b) Drug and Alcohol Recovery Houses
Section 2311-A. Definitions.
Section 2312-A. Powers and duties of department.
Section 2313-A. Regulations for licensure or certification of drug and alcohol recovery houses.
Section 2314-A. Licensure or certification.
Section 2315-A. Registry.
Section 2316-A. Violations.
Section 2317-A. Drug and Alcohol Recovery House Fund.
Section 2318-A. Compliance with other laws.
Section 2319-A. Notification of emergency contact.
Article XXIII-B. Children's Advocacy Centers
Section 2301-B. Declaration of policy.
Section 2302-B. Definitions.
Section 2303-B. Funding.
Section 2303.1-B. Additional funding.
Section 2304-B. Permitted use of funds.
Section 2305-B. Procedure.
Section 2306-B. Child Advocacy Center Advisory Committee.
Article XXIV. Powers and Duties of the Department of
General Services and its Departmental
Administrative and Advisory Boards
Section 2401. Powers and Duties Transferred.
Section 2401.1. Specific Powers of the Department of General Services.
Section 2401.1a. Restrictions on Powers of Department of General Services.
Section 2401.2. Department of Conservation and Natural Resources Powers not Affected.
Section 2402. Grounds, Buildings and Monuments in General.
Section 2402.1. Utilization of Capital Annex.
Section 2402.2. Energy Profiles for State Buildings (Expired).
Section 2402.3. Transfer authority over Lieutenant Governor's Mansion.
Section 2402.4. Report of State Facilities Owned or Leased.
Section 2403. Standards and Purchases.
Section 2403.1. Specifications for Buildings, Furnishings, Equipment and Materials (Repealed).
Section 2404. Bonds and Liability Insurance.
Section 2404.1. Secretary of Property and Supplies a Licensed Insurance Broker.
Section 2405. Sale of Unserviceable Property (Repealed).
Section 2406. Publications.
Section 2407. Automobiles.
Section 2407.1. Special Power Relating to State Vehicles.
Section 2408. Procedure for Construction of all Capital Improvements, Repairs or Alterations under the Control of the Department of General Services (Repealed).
Section 2409. Method of Awarding Contracts for Stationery, Paper, Fuel, Repairs, Furnishings, and Supplies (Repealed).
Section 2409.1. Handicapped-Made Products and Services (Repealed).
Section 2409.2. Authority for State System of Higher Education and Member Institutions to Award Contracts for Stationery, Paper, Printing Supplies, Public Printing and Binding.
Section 2410. Method of Awarding Contracts for Public Printing and Binding (Repealed).
Section 2411. Preparation of Plans and Specifications and in Anticipation of Requests for Appropriations (Repealed).
Section 2412. Qualification of Bidders (Repealed).
Section 2413. Board of Commissioners of Public Grounds and Buildings (Repealed).
Section 2414. State Art Commission (Repealed).
Section 2415. General Galusha Pennypacker Monument Commission (Repealed).
Section 2416. Capitol Police, Commonwealth Property Police and Campus Police.
Section 2416.1. Campus Police Powers & Duties.
Section 2417. Allocation of Certain Costs Incurred by the Department.
Section 2418. Lease of Eastern Pennsylvania Psychiatric Institute.
Section 2418.1. Exemption from Taxation.
Section 2419. Retirement of Certain Debt.
Section 2420. State Heating Systems to be Fueled by Coal.
Section 2421. Utilization of Lock Haven University Condemnation Proceeds.
Article XXIV-A. Disposition of Commonwealth Surplus Land.
Section 2401-A. Limited Definitions.
Section 2402-A. Annual Property Survey.
Section 2403-A. Property Disposition Plan.
Section 2404-A. Legislative Oversight and Public Review.
Section 2405-A. Conditions Upon Conveyances.
Section 2406-A. Allocation of Sale Proceeds.
Section 2407-A. Construction of Article in Relation to Contrary Provisions of this Act.
Section 2408-A. General Assembly Not Limited.
Section 2409-A. Exemption for Certain Conveyances.
Article XXIV-B. Jail Facilities.
Section 2401-B. Scope of article.
Section 2402-B. Definitions.
Section 2403-B. Alternative contracting procedure.
Section 2404-B. Evaluation criteria.
Article XXIV-C. Public Works Employment Verification
Section 2401-C. Definitions.
Section 2402-C. Duty of public works contractors and subcontractors.
Section 2403-C. Verification form.
Section 2404-C. Violations.
Section 2405-C. Enforcement and sanctions.
Section 2406-C. Public Works Employment Verification Account.
Section 2407-C. Protection from retaliation.
Section 2408-C. Good faith immunity.
Section 2409-C. Public works contractor and subcontractor liability.
Section 2410-C. Rules and regulations.
Section 2411-C. Cooperation among departments.
Article XXV. Powers and Duties of the Department of
Section 2501. Powers and Duties in General.
Section 2502. Vehicle and Tractor Codes (Repealed).
Section 2503. State Athletic Commission (Repealed).
Section 2504. Space on Form for Contributions (Repealed).
Section 2505. Waiver of Realty Transfer Tax; Allocation.
Section 2506. Space on Form for Contributions (Repealed).
Section 2507. Contribution to Korea/Vietnam Memorial National Education Center.
Section 2508. Sales and Use Tax Exclusion for Commercial Racing Activities (Repealed).
Article XXV-A. Powers and Duties of the Department
of Public Assistance and of the State
Board of Public Assistance (Repealed).
Section 2501-A. Definitions (Repealed).
Section 2502-A. Powers and Duties of the Department of Public Assistance (Repealed).
Section 2503-A. State Board of Public Assistance (Repealed).
Section 2504-A. Employment in the Department of Public Assistance (Repealed).
Section 2505-A. Joint Actions by Department and Employment Board (Repealed).
Article XXV-B. Powers and Duties of the Department
of Commerce and its Departmental
Section 2501-B. Powers and Duties of the Department of Commerce.
Section 2502-B. Powers and Duties of the State Planning Board (Repealed).
Section 2503-B. Duties and Powers of the Board of the Ben Franklin Partnership Fund (Repealed).
Section 2504-B. Powers and Duties of the Navigation Commission for the Delaware River.
Article XXV-C. Powers and Duties of the Department
of Community Affairs, its Departmental
Section 2501-C. Powers and Duties in General.
Section 2502-C. Powers and Duties of Pennsylvania Academic
Commission on Technological Development.
Article XXVI. Powers and Duties of the Pennsylvania Game
Commission and its Enforcement Officers (Repealed).
Section 2601. Powers and Duties in General (Repealed).
Section 2602. Enforcement of Game Laws (Repealed).
Section 2603. Special Hunters' Licenses (Repealed).
Section 2604. State Game Land Refuges and Farms (Repealed).
Section 2605. Powers of Game Protectors (Repealed).
Article XXVII. Powers and Duties of the Pennsylvania Fish
Commission and its Enforcement Officers (Repealed).
Section 2701. Powers and Duties in General (Repealed).
Section 2702. Enforcement of Fish Laws (Repealed).
Section 2703. Hatching Stations and Distribution of Fish
(Repealed).
Section 2704. Fishways (Repealed).
Section 2705. Special Licenses (Repealed).
Section 2706. Powers of Fish Wardens (Repealed).
Section 2707. Present Fish Wardens and Other Employes
Continued (Repealed).
Article XXVIII. Powers and Duties of the Pennsylvania
Section 2801. Powers and Duties in General.
Section 2802. Public Service Company Law (Repealed).
Section 2803. Elevated and Underground Railways (Repealed).
Section 2804. Alternative Energy Portfolio Standards.
Article XXVIII-A. Powers and Duties of the Pennsylvania
Historical and Museum Commission (Repealed).
Section 2801-A. Pennsylvania Historical and Museum
Commission (Repealed).
Section 2802-A. Historical Preservation Fund (Repealed).
Section 2803-A. Historical Publications (Repealed).
Section 2804-A. Geographic Names (Repealed).
Section 2805-A. Washington Crossing Park Commission (Repealed).
Section 2806-A. Valley Forge Park Commission (Repealed).
Article XXVIII-B. Powers and Duties of The
Pennsylvania Securities Commission.
Section 2801-B. Pennsylvania Securities Commission.
Article XXVIII-C. Energy Development Authority
Section 2801-C. Definitions.
Section 2802-C. Emergency Petroleum Product Shortages.
Section 2803-C. Energy Development Authority.
Section 2804-C. Technical and Financial Support.
Section 2805-C. Annual Report.
Section 2806-C. Powers and Duties.
Section 2807-C. Authority Indebtedness.
Section 2808-C. Financial Assistance.
Section 2809-C. Energy Development Plan.
Section 2810-C. Exemption from Taxation.
Section 2811-C. Funding of the Authority.
Section 2812-C. Limitation of Powers.
Section 2813-C. Audit.
Article XXVIII-D. Race Horse Industry Reform (Repealed).
(a) Preliminary Provisions (Repealed)
Section 2801-D. Definitions (Repealed).
(b) Racing Oversight (Repealed)
Section 2811-D. State Horse Racing Commission (Repealed).
Section 2812-D. Additional powers of commission (Repealed).
Section 2813-D. Budget (Repealed).
Section 2814-D. Location (Repealed).
Section 2815-D. Number of licensed racing entities (Repealed).
Section 2816-D. Department of Revenue (Repealed).
Section 2817-D. Allocation of racing days (Repealed).
Section 2818-D. Licenses for horse race meetings (Repealed).
Section 2819-D. Code of conduct (Repealed).
Section 2820-D. Financial interests (Repealed).
Section 2821-D. Officials at horse race meetings (Repealed).
Section 2822-D. Secondary pari-mutuel organization (Repealed).
Section 2823-D. Occupational licenses for individuals (Repealed).
Section 2824-D. (Reserved) (Repealed).
Section 2825-D. Power of commission to impose fines (Repealed).
Section 2826-D. Admission to racetrack (Repealed).
Section 2827-D. Security personnel (Repealed).
Section 2828-D. (Reserved) (Repealed).
Section 2829-D. Interstate simulcasting (Repealed).
Section 2830-D. Place and manner of conducting pari-mutuel
wagering at racetrack enclosure (Repealed).
Section 2831-D. Pari-mutuel wagering at nonprimary locations (Repealed).
Section 2832-D. Books and records of pari-mutuel wagering (Repealed).
Section 2833-D. Filing of certain agreements with commission (Repealed).
Section 2834-D. State Racing Fund and tax rate (Repealed).
Section 2835-D. Pari-mutuel pool distribution (Repealed).
Section 2836-D. Pennsylvania Breeding Fund (Repealed).
Section 2837-D. Pennsylvania Sire Stakes Fund (Repealed).
Section 2838-D. Fair fund proceeds (Repealed).
Section 2839-D. Hearing (Repealed).
Section 2840-D. Prohibition of wagering (Repealed).
Section 2841-D. Veterinarians and State stewards (Repealed).
Section 2842-D. Promotions and discounts (Repealed).
Section 2843-D. Monitoring of wagering on video screens (Repealed).
Section 2844-D. Intrastate simulcasting (Repealed).
Section 2845-D. Commingling (Repealed).
Section 2846-D. Standardbred horse racing purse money (Repealed).
(c) Additional Licensing Requirements for Licensed Racing
Entity, Secondary Pari-mutuel Organization, Totalisator
and Racing Vendors (Repealed)
Section 2851-D. General license requirements (Repealed).
Section 2852-D. Licensing costs and fees (Repealed).
Section 2853-D. License application procedures (Repealed).
Section 2854-D. Oral presentation by applicant (Repealed).
Section 2855-D. Additional information (Repealed).
Section 2856-D. Operations (Repealed).
Section 2857-D. Transfers of licenses (Repealed).
Section 2858-D. Duration of license (Repealed).
Section 2859-D. Penalties and enforcement (Repealed).
(d) Compliance (Repealed)
Section 2861-D. Tax compliance requirement (Repealed).
(e) Medication Rules and Enforcement Provisions (Repealed)
Section 2871-D. Mandatory requirements for medication rules (Repealed).
Section 2872-D. Establishment of Pennsylvania Race Horse
Testing Program (Repealed).
Section 2873-D. Equipment, supplies and facilities (Repealed).
Section 2874-D. Costs of the enforcement of medication rules or
regulations (Repealed).
Article XXVIII-E. Judicial Administration.
Section 2801-E. Senior judge operational support grants.
Section 2802-E. Surcharge and fee.
Article XXVIII-F. Legislative Agencies (Repealed).
(a) Pennsylvania Commission on Sentencing (Repealed)
Section 2801-F. Definitions (Repealed).
Section 2802-F. Commission (Repealed).
Section 2803-F. Composition of commission (Repealed).
Section 2804-F. Powers and duties of commission (Repealed).
(b) (Reserved) (Repealed)
Article XXVIII-G. Water and Sewer Authorities in Cities of the Second Class.
Section 2801-G. Definitions.
Section 2802-G. Cooperation agreement.
Section 2803-G. Effect of cooperation agreement.
Article XXVIII-H. Access to Public Records During Disaster Declaration.
Section 2801-H. Definitions.
Section 2802-H. Request for records.
Section 2803-H. Guidelines for Commonwealth agencies.
Section 2804-H. Failure to respond to requests for records.
Section 2805-H. Public records under Right-to-Know Law.
Section 2806-H. Applicability.
Article XXVIII-I. United States Semiquincentennial.
Section 2801-I. Scope of article.
Section 2802-I. Definitions.
Section 2803-I. Establishment.
Section 2804-I. Composition.
Section 2805-I. Term.
Section 2806-I. Meetings.
Section 2807-I. General powers and duties.
Section 2808-I. Requirements for plans and programs.
Section 2808.1-I. Infrastructure improvements and projects.
Section 2809-I. Report to Governor and General Assembly.
Section 2810-I. Information from State agencies.
Section 2811-I. Gifts.
Section 2812-I. Additional powers.
Section 2813-I. Property.
Section 2814-I. Administration.
Section 2815-I. Annual report.
Section 2816-I. Termination of commission.
Article XXIX. Interpretation and Effective Date.
Section 2901. Constitutionality.
Section 2902. Continuation of Existing Laws.
Section 2903. Enumeration of Powers of Departments, Boards, and
Commissions.
Section 2904. Repealed Laws not Revived.
Section 2905. Effective Date.
Section 2906. Existing Officers to Continue; Exception.
Section 3001. Acts and Parts of Acts Specifically Repealed.
Section 3002. Inconsistent Acts Repealed.
ARTICLE I
SHORT TITLE AND
GENERAL REORGANIZATION PROVISIONS
Section 1. Short Title.--Be it enacted, &c., That this act shall be known, and may be cited, as "The Administrative Code of 1929."
Section 2. Certain Existing Boards and Commissions Abolished.--To accomplish the purposes of this act, the following departmental administrative boards and commissions and advisory boards and commissions are hereby abolished, namely: State Anthracite Mine Cave Commission, Board of Trustees of Central State Penitentiary, Wyoming Valley Memorial Park Commission, General George Gordon Meade Statue Commission, Robert Morris Monument Commission, Camp Curtin Monument Commission, and Gettysburg Battlefield Memorial Commission.
Section 3. Documents.--Where an existing board or commission is abolished by this act, all books, papers, maps, charts, plans, records, and all other equipment, in the possession of such board or commission, or of any member or officer thereof, shall be delivered to the head of the administrative department or departmental administrative board or commission to which its rights, powers, duties, and obligations are transferred.
ARTICLE II
ADMINISTRATIVE ORGANIZATION
Section 201. Executive Officers, Administrative Departments and Independent Administrative Boards and Commissions.--(a) The executive and administrative work of this Commonwealth shall be performed by the Executive Department, consisting of the Governor, Lieutenant Governor, Secretary of the Commonwealth, Attorney General, Auditor General, State Treasurer, and Secretary of Education; by the Executive Board, and the Pennsylvania State Police; by the following administrative departments: Department of State, Office of Attorney General, Department of Corrections, Department of the Auditor General, Treasury Department, Department of Education, Department of Military Affairs, Insurance Department, Department of Banking and Securities, Department of Agriculture, Department of Transportation, Department of Health, Department of Drug and Alcohol Programs, Department of Labor and Industry, Department of Aging, Department of Human Services, Department of General Services, Department of Revenue, Department of Community and Economic Development, Department of Environmental Protection and Department of Conservation and Natural Resources; and by the following independent administrative boards and commissions: Pennsylvania Game Commission, Pennsylvania Fish and Boat Commission, State Civil Service Commission and Pennsylvania Public Utility Commission. ((a) amended July 9, 2021, P.L.377, No.70)
(b) All of the provisions of this act, which apply generally to administrative departments, or generally except to the Department of the Auditor General, the Treasury Department and the Office of Attorney General, shall apply to the Executive Board and to the Pennsylvania State Police.
(201 amended July 9, 2010, P.L.348, No.50)
Compiler's Note: See section 18.1 of Act 70 of 2021 in the appendix to this act for special provisions relating to continuation of prior law.
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 201 are transferred from the Department of Community Affairs to the Department of Community and Economic Development.
The Department of Commerce, referred to in this section, was renamed the Department of Community and Economic Development by Act 58.
Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
Compiler's Note: The name of the Pennsylvania Fish Commission, referred to in this section, was changed to the Pennsylvania Fish and Boat Commission by Act 39 of 1991. See 30 Pa.C.S. § 308 (relating to designation of commission).
Section 202. Departmental Administrative Boards, Commissions, and Offices.--The following boards, commissions, and offices are hereby placed and made departmental administrative boards, commissions, or offices, as the case may be, in the respective administrative departments mentioned in the preceding section, as follows:
In the Department of State,
Commissioner of Professional and Occupational Affairs,
State Real Estate Commission,
State Board of Medical Education and Licensure,
State Board of Physical Therapy Examiners,
State Board of Pharmacy,
State Dental Council and Examining Board,
State Board of Optometrical Examiners,
State Board of Osteopathic Medical Examiners,
State Board of Nurse Examiners,
State Board of Barber Examiners,
State Board of Cosmetology,
State Board of Veterinary Medical Examiners,
State Board of Chiropractic Examiners,
State Board of Podiatry Examiners,
State Board of Examiners of Public Accountants,
State Board of Examiners of Architects,
State Registration Board for Professional Engineers,
State Board of Funeral Directors,
State Board of Examiners of Nursing Home Administrators,
State Board of Auctioneer Examiners,
State Board of Psychologist Examiners,
State Board of Landscape Architects.
In the Department of Justice,
(Department of Justice repealed Oct. 15, 1980, P.L.950, No.164)
In the Treasury Department,
Board of Finance and Revenue;
In the Department of Community Affairs,
Board of Property;
In the Department of Education,
Board of Trustees of Thaddeus Stevens College of
Technology,
Board of Trustees of Scranton State School for the Deaf,
Public Service Institute Board,
State Board of Private Academic Schools,
State Board of Private Licensed Schools,
State Board of Education.
In the Department of Military and Veterans Affairs,
Armory Board of the State of Pennsylvania,
Board of Trustees of Scotland School for Veterans'
Children.
In the Department of Banking and Securities,
In the Department of Agriculture,
State Farm Products Show Commission;
(Department of Forests and Waters and Mines and Mineral Industries deleted Dec. 3, 1970, P.L.834, No.275)
In the Department of Health,
In the Department of Labor and Industry,
Workmen's Compensation Appeal Board,
State Workmen's Insurance Board,
The Industrial Board,
Unemployment Compensation Board of Review,
Pennsylvania Labor Relations Board,
Advisory Council on Affairs of the Handicapped;
In the Department of Human Services,
Board of Trustees of The Western Youth Development
Centers,
Board of Trustees of The Central Youth Development
Centers,
Board of Trustees of The Eastern Youth Development
Centers,
Board of Trustees of Allentown State Hospital,
Board of Trustees of Clarks Summit State Hospital,
Board of Trustees of Danville State Hospital,
Board of Trustees of Embreeville Center,
Board of Trustees of Farview State Hospital,
Board of Trustees of Harrisburg State Hospital,
Board of Trustees of Mayview State Hospital,
Board of Trustees of Norristown State Hospital,
Board of Trustees of Philadelphia State Hospital,
Board of Trustees of Somerset State Hospital,
Board of Trustees of Warren State Hospital,
Board of Trustees of Wernersville State Hospital,
Board of Trustees of Woodville State Hospital,
Board of Trustees of Torrance State Hospital,
Board of Trustees of Haverford State Hospital,
Board of Trustees of Ashland State General Hospital,
Board of Trustees of Coaldale State General Hospital,
Board of Trustees of Nanticoke State General Hospital,
Board of Trustees of Philipsburg State General Hospital,
Board of Trustees of Scranton State General Hospital,
Board of Trustees of Shamokin State General Hospital,
Board of Trustees of Ebensburg Center,
Board of Trustees of Eastern State School and Hospital,
Board of Trustees of Laurelton Center,
Board of Trustees of Pennhurst Center,
Board of Trustees of Polk Center,
Board of Trustees of Selinsgrove Center,
Board of Trustees of Hamburg Center,
Board of Trustees of Western Center,
Board of Trustees of White Haven Center,
Board of Trustees of Woodhaven Center,
Board of Trustees of South Mountain Restoration Center.
In the Department of General Services,
Board of Commissioners of Public Grounds and Buildings,
State Art Commission;
In the Department of Revenue,
State Athletic Commission;
In the Department of Commerce,
Navigation Commission for the Delaware River and its
navigable tributaries;
In the Department of Highways,
State Highway Commission.
In the Department of Transportation,
Hazardous Substances Transportation Board,
In the Department of Environmental Resources,
Environmental Quality Board,
Environmental Hearing Board,
State Board for Certification of Sewage Treatment and
Waterworks Operators,
State Soil and Water Conservation Commission,
Anthracite Mine Inspectors,
Bituminous Mine Inspectors.
In the Department of Drug and Alcohol Programs,
Bureau of Prevention and Intervention,
Bureau of Treatment,
Bureau of Administration.
All of the foregoing departmental administrative boards and commissions shall be organized or reorganized as provided in this act.
(202 amended July 9, 2021, P.L.377, No.70)
Compiler's Note: See section 18.1 of Act 70 of 2021 in the appendix to this act for special provisions relating to continuation of prior law.
Compiler's Note: Section 7 of Act 50 of 2009 provided that section 202 is repealed insofar as it is inconsistent with Act 50.
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 202 are transferred from the Department of Community Affairs to the Department of Community and Economic Development.
Section 701 of Act 58 of 1996 provided that the Board of Property is hereby placed and made a departmental administrative board in the Department of Community and Economic Development.
Compiler's Note: The Department of Commerce was renamed the Department of Community and Economic Development by Act 58 of 1996.
Compiler's Note: Section 31.1 of Act 57 of 1996 provided that any reference in a statute to the Workmen's Compensation Appeal Board shall be deemed a reference to the Workers' Compensation Appeal Board.
Compiler's Note: The Department of Environmental Resources was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
Compiler's Note: Section 3101(b) of Act 28 of 1989 provided that section 202 is repealed insofar as it relates to the State Athletic Commission.
Compiler's Note: Section 1 of Reorganization Plan No.1 of 1982 provided that the functions, powers and duties of the Department of Commerce with regard to the Navigation Commission for the Delaware River and its navigable tributaries are transferred to the Department of State and the functions, powers and duties of the commission with regard to the regulation, review and approval of dams, water obstructions and encroachments are transferred to the Department of Environmental Resources.
Compiler's Note: Section 1 of Reorganization Plan No.6 of 1981 provided that the Pennsylvania State Firemen's Training School and the powers and duties of the Department of Education and the Public Service Institute Board pertaining thereto are transferred to the Pennsylvania Emergency Management Agency.
Section 3 of Reorganization Plan No.6 of 1981 provided that section 202 is suspended insofar as it conflicts with Reorganization Plan No.6.
Compiler's Note: Section 2 of Act 283 of 1978 provided that section 202 is repealed insofar as it relates to the Board of Trustess of the Pennsylvania Soldiers' and Sailors' Home and the Board of Trustees of Hollidaysburg Veterans' Home. Without amendment to The Administrative Code, advisory councils for each veterans' home operated by the Commonwealth were created by Act 283. Such councils were not specifically placed under the jurisdiction of the Department of Military Affairs or the Department of Military and Veterans Affairs.
Compiler's Note: Section 3 of Act 275 of 1970 incorrectly refers to the State Board for Certification of Sewage Treatment and Waterworks Operators. The correct name is the State Board for Certification of Sewage Treatment Plant and Waterworks Operators.
Compiler's Note: Sections 2 and 3 of Act 120 of 1970, which amended section 202, overlooked the former Department of Highways paragraph containing the State Highway Commission. The clear intent of Act 120 was to abolish the Department of Highways, replace it with the Department of Transportation and to change the name of the State Highway Commission to the State Transportation Commission.
Compiler's Note: The Advisory Council on Affairs of the Handicapped in the Department of Labor and Industry is in fact an advisory agency and should not be included in section 202.
Section 203. Advisory Boards and Commissions.--The following advisory boards and commissions are placed in and made parts of the respective administrative departments, as follows:
In the Department of Military Affairs,
State Military Reservation Commission,
In the Department of Environmental Protection,
Citizens Advisory Council;
In the Department of Health,
Advisory Health Board;
In the Department of Labor and Industry,
Advisory Council on Affairs of the Handicapped,
Advisory Board on Problems of Older Workers,
Policy, Planning and Evaluation Advisory Committee;
In the Department of Public Welfare,
State Board of Public Welfare,
Advisory Committee for the Blind,
Advisory Committee for General and Special Hospitals,
Advisory Committee for Children and Youth,
Advisory Committee for Public Assistance,
Advisory Committee for Mental Health and Mental
Retardation.
(203 amended July 9, 2010, P.L.348, No.50)
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
Compiler's Note: Section 7(b) of Act 15 of 1999 provided that as much as relates to the Advisory Committee for the Blind in the Department of Public Welfare in section 203 is repealed.
Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
Compiler's Note: Section 20 of Act 64 of 1993 provided that section 203 is repealed insofar as it refers to the Ben Franklin Partnership Fund.
Compiler's Note: Section 4 of Act 60 of 1988 provided that section 203 is repealed insofar as it relates to the State Veterans' Commission in the Department of Military Affairs.
Compiler's Note: Section 8 of Act 120 of 1970 created a State Transportation Advisory Committee and defined its powers and duties.
Compiler's Note: Section 202 of Act 188 of 1961 created in the Department of Education the Advisory Council on Library Development.
Section 204. Executive Board.--The Executive Board shall consist of the Governor, who shall be Chairman thereof, and six other heads of administrative departments to be designated from time to time by the Governor.
Four members of the board shall constitute a quorum.
Section 205. Pennsylvania State Police.--(a) The Pennsylvania State Police shall consist of a Commissioner, Deputy Commissioners and enlisted members, as now authorized by law, which are hereby consolidated into one force, to be known as the Pennsylvania State Police, and such chiefs, statisticians, clerks, experts and other assistants, as the commissioner, with the approval of the Governor, shall deem necessary for the work of the force. ((a) amended July 2, 2013, P.L.249, No.43)
(b) The Pennsylvania State Police shall consist of such number of officers and enlisted members, and shall be organized in such manner, as the Commissioner of Pennsylvania State Police, with the approval of the Governor, shall from time to time determine: Provided, however, That the number of officers and enlisted members shall not exceed in the aggregate at any time four thousand three hundred ten persons. State police officers and enlisted members, assigned to duty with the Pennsylvania Turnpike Commission, Delaware River Joint Toll Bridge Commission, Gaming Enforcement and Liquor Control Enforcement shall not be counted in determining the total number of officers and enlisted members in the Pennsylvania State Police. ((b) amended July 2, 2013, P.L.249, No.43)
(c) The members of the Pennsylvania State Police and the chiefs, statisticians, clerks, experts, and other assistants, engaged in the work of the Pennsylvania State Police shall be appointed by the commissioner, and shall receive such compensation as shall be fixed by the commissioner, with the approval of the Governor, which compensation shall, however, conform to the standards established by the Executive Board. ((c) amended July 2, 2013, P.L.249, No.43)
(d) Any member of the Pennsylvania State Police, except the Commissioner and Deputy Commissioner, regardless of rank, who has attained or who shall attain the age of sixty years, shall resign from membership in the said police force: Provided, however, That the provision of this paragraph shall not apply to members of the State Police Force who upon attaining the age of sixty years shall have less than twenty years of service. Upon completion of twenty years of service, the provision of this paragraph shall become applicable to such persons.
(e) No enlisted member of the Pennsylvania State Police shall be dismissed from service or reduced in rank except by action of a court martial board held upon the recommendation of the Commissioner of the Pennsylvania State Police and the Governor.
(f) All new cadets and troopers shall serve a probationary period of eighteen months from date of original enlistment, during which time they may be dismissed by the commissioner for violations of rules and regulations, incompetency, and inefficiency without action of a court-martial board or the right of appeal to a civil court. ((f) added Dec. 5, 1967, P.L.673, No.313)
(g) ((g) deleted by amendment July 2, 2013, P.L.249, No.43)
(205 amended July 25, 1963, P.L.278, No.148)
Compiler's Note: Section 1 of Act 100 of 2001 provided that section 205(b) is repealed to the extent that it limits the aggregate number of Pennsylvania State Police members to less than 4,310 persons, provided that Pennsylvania State Police members assigned to duty with the Pennsylvania Turnpike Commission or as resident State troopers shall be excluded in determining such number.
Section 206. Department Heads.--Each administrative department shall have as its head an officer who shall, either personally, by deputy, or by the duly authorized agent or employe of the department, and subject at all times to the provisions of this act, exercise the powers and perform the duties by law vested in and imposed upon the department.
The following officers shall be the heads of the administrative departments following their respective titles:
Secretary of the Commonwealth, of the Department of State;
Auditor General, of the Department of the Auditor General;
State Treasurer, of the Treasury Department;
Attorney General, of the Office of Attorney General;
Secretary of Education, of the Department of Education;
Adjutant General, of the Department of Military Affairs;
Insurance Commissioner, of the Insurance Department;
Secretary of Banking and Securities, of the Department of Banking and Securities;
Secretary of Agriculture, of the Department of Agriculture;
Secretary of Transportation, of the Department of
Transportation;
Secretary of Health, of the Department of Health;
Secretary of Drug and Alcohol Programs, of the
Department of Drug and Alcohol Programs;
Secretary of Labor and Industry, of the Department of Labor
and Industry;
Secretary of Aging, of the Department of Aging;
Secretary of Human Services, of the Department of Human Services;
Secretary of Revenue, of the Department of Revenue;
Secretary of Community and Economic Development, of the
Department of Community and Economic Development;
Secretary of Environmental Protection, of the Department of
Environmental Protection;
Secretary of Conservation and Natural Resources, of the
Department of Conservation and Natural Resources;
Secretary of General Services, of the Department of General
Services;
Secretary of Corrections, of the Department of Corrections.
(206 amended July 9, 2021, P.L.377, No.70)
Compiler's Note: See section 18.1 of Act 70 of 2021 in the appendix to this act for special provisions relating to continuation of prior law.
Compiler's Note: Section 7(3)(ii) of Act 86 of 2012 provided that section 206 is repealed insofar as it is inconsistent with Act 86.
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 206 are transferred from the Department of Community Affairs to the Department of Community and Economic Development.
The Department of Commerce, referred to in this section, was renamed the Department of Community and Economic Development by Act 58 of 1996.
Compiler's Note: The Secretary of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. His functions were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection.
Section 207. Appointment.--(207 repealed Nov. 8, 1976, P.L.1109, No.227)
Section 207.1. Gubernatorial Appointments.--(a) Except as hereinafter provided in this section, the Governor may appoint without obtaining the advice and consent of the Senate such public officers which he is authorized by law to appoint including, without limitation, members of independent administrative boards and commissions, members of departmental administrative bodies, boards and commissions and departmental administrative officers, and members of advisory boards and commissions.
(b) ((b) repealed Apr. 28, 1978, P.L.202, No.53)
(c) The Governor shall nominate in accordance with the provisions of the Constitution of the Commonwealth of Pennsylvania and, by and with the advice and consent of two-thirds of the members elected to the Senate, appoint persons to fill the following positions:
(1) Vacancies in the offices of Attorney General, Auditor General and State Treasurer.
(2) Those members which he is authorized to appoint to the Pennsylvania Liquor Control Board and the Pennsylvania Turnpike Commission.
((c) amended Dec. 30, 2002, P.L.2075, No.231)
(d) The Governor shall nominate in accordance with the provisions of the Constitution of the Commonwealth of Pennsylvania and, by and with the advice and consent of a majority of the members elected to the Senate appoint persons to fill the following positions:
(1) The Secretary of Education, the Secretary of the Commonwealth, the Adjutant General, the Insurance Commissioner, the Secretary of Banking and Securities, the Secretary of Agriculture, the Secretary of Transportation, the Secretary of Health, the Secretary of Drug and Alcohol Programs, the Commissioner of the State Police, the Secretary of Corrections, the Secretary of Labor and Industry, the Secretary of Aging, the Secretary of Human Services, the Secretary of General Services, the Secretary of Revenue, the Secretary of Community and Economic Development, the Secretary of Environmental Protection and the Secretary of Conservation and Natural Resources. ((1) amended July 9, 2021, P.L.377, No. 70)
(2) Those members which he is authorized to appoint to the Board of Pardons, the Board of Probation and Parole, the State Civil Service Commission, the State Horse Racing Commission, the State Harness Racing Commission, the Board of Claims, the Pennsylvania Industrial Development Authority, the State Board of Education, the Board of Governors of the State System of Higher Education, the Board of Trustees of Pennsylvania State University, the Board of Trustees of the University of Pittsburgh, the Board of Trustees of Temple University, the Board of Trustees of Lincoln University, the Environmental Hearing Board, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission, the Pennsylvania Labor Relations Board, the Pennsylvania Public Utility Commission, the Industrial Board, the Milk Marketing Board, the Unemployment Compensation Board of Review, the Workers' Compensation Appeals Board, the State Art Commission, the State Transportation Commission and the Pennsylvania Human Relations Commission. ((2) amended July 9, 2021, P.L.377, No. 70)
(3) ((3) repealed Apr. 28, 1978, P.L.202, No.53)
(4) Those members which he is authorized to appoint to the Delaware Valley Regional Planning Commission, the State Farm Products Commission, the Pennsylvania Housing Finance Agency, the Council of Trustees of each institution of the State System of Higher Education, the Board of Trustees of Scotland School for Veterans' Children, the Board of Trustees of Thaddeus Stevens College of Technology, the State Conservation Commission, the Commonwealth of Pennsylvania Council on the Arts, the State Planning Board, the Pennsylvania Drug, Device and Cosmetic Board, the County Board of Assistance in each county, the Boards of Trustees of Centers, the Board of Trustees of each Restoration Center, the Board of Trustees of each State School and Hospital, the Board of Trustees of each State Hospital, the State Dental Council and Examining Board, the State Real Estate Commission, the State Registration Board for Professional Engineers, the State Boards of Examiners of Architects, Auctioneers, Nursing Home Administrators and Public Accountants, the State Boards of Barber Examiners, Chiropractic Examiners, Cosmetology, Funeral Directors, Medical Education and Licensure, Nurse Examiners, Optometrical Examiners, Osteopathic Examiners, Pharmacy, Physical Therapy Examiners, Podiatry Examiners, Veterinary Medical Examiners, Landscape Architects and Motor Vehicle Manufacturers, Dealers and Salesmen, the Pennsylvania Board of Psychologist Examiners, the State Athletic Commission, the Pennsylvania Higher Education Assistance Agency, the Pennsylvania Historical and Museum Commission, the State Tax Equalization Board, the Public School Employees' Retirement Board, the State Employees' Retirement Board, the Municipal Police Officers' Education and Training Commission and the Pennsylvania Minority Business Development Authority. ((4) repealed in part Nov. 27, 2019, P.L.667, No.92)
(5) The general officers in the Department of Military Affairs which he is authorized by law to appoint.
(5.1) Vacancies in elective office, other than those set forth in subsection (c), which he is authorized by law to fill. Except for vacancies in judicial offices, the person nominated shall, as of the day preceding the date of the occurrence of the vacancy, be of the same political party as was the person who vacated the office on the date the person who vacated the office was administered the oath of office for the office vacated.
(6) All positions hereinafter statutorily created by amendment to this act or in any other act or amendment thereto for which Senate confirmation is specified but for which the advice and consent of two-thirds of the members elected to the Senate is not required.
((d) amended Dec. 30, 2002, P.L.2075, No.231)
(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.
(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 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.
(g) Whenever the Governor shall nominate to fill a position for which Senate confirmation is required, the nominee shall submit to the Senate a sworn statement containing information on the nominee, including but not limited to his voting address, business address if any, employer, party registration, offices held in political parties during the past ten years, any public offices held during the past ten years, records of any criminal convictions other than summary offenses under 75 Pa.C.S. (relating to vehicles), and such other information as is agreed upon by the Governor and the Senate Committee on Rules and Executive Nominations. ((g) amended Dec. 30, 2002, P.L.2075, No.231)
(h) The Governor may not nominate an individual as a member of the Pennsylvania Public Utility Commission if, because of that individual's party affiliation under 25 Pa.C.S. Pt. IV (relating to voter registration) at the time of nomination, appointment of the individual would result in more than three members of the commission having the same party affiliation as the Governor. ((h) added Dec. 30, 2002, P.L.2075, No.231)
Compiler's Note: See section 18.1 of Act 70 of 2021 in the appendix to this act for special provisions relating to continuation of prior law.
Compiler's Note: Section 301(b) of Act 28 of 1989 provided that section 207.1(d) is repealed insofar as it relates to the State Athletic Commission.
Compiler's Note: Section 17 of Act 114 of 1986 provided that section 207.1(c)(2) is repealed to the extent that it requires a vote of two-thirds of the members elected to the Senate to confirm appointments to the Public Utility Commission as to any vacancies existing on the third Tuesday in January 1987, and as terms expire thereafter.
Compiler's Note: Section 7(c) of Act 93 of 1986 provided that section 207.1(c)(2) is repealed insofar as it is inconsistent with the provisions of Title 34 (relating to game), effective July 1, 1987.
Compiler's Note: Section 21(c) of Act 61 of 1985 provided that section 207.1(c)(2) is repealed to the extent that it requires a vote of two-thirds of the members elected to the Senate to confirm appointments to the Pennsylvania Turnpike Commission made pursuant to section 5(b) of Act 61 of 1985 and requires the advice and consent of the Senate in any manner for appointments to the Pennsylvania Turnpike Commission made pursuant to section 5(a)(2) and (c) of Act 61 of 1985.
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.
(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.
(208 amended Apr. 28, 1943, P.L.94, No.52)
Compiler's Note: Section 505 of Act 164 of 1980 provided that subsec. (a) is repealed insofar as it relates to the Attorney General.
Section 209. Compensation of the Governor, Lieutenant Governor and the Heads of Departments.--(209 repealed Sept. 30, 1983, P.L.160, No.39)
Section 210. Compensation of Members of Administrative Boards and Commissions.--((a) repealed Oct. 12, 1990, P.L.529, No.127)
(b) The members of the Pennsylvania Game Commission, the Pennsylvania Fish Commission, and of the Pennsylvania Historical and Museum Commission, shall not receive any compensation.
(c) Except as in this act otherwise provided, the members of departmental administrative boards and commissions, and of advisory boards and commissions, shall serve without compensation.
(210 amended Apr. 25, 1949, P.L.729, No.180)
Compiler's Note: Section 3 of Act 525 of 1961 provided that all acts and parts of acts which provide salaries inconsistent with Act 525 for the offices named in section 210 are repealed.
Section 211. Employes of the Governor's Office.--The Governor shall appoint, to serve at his pleasure, a Secretary to the Governor, a Budget Secretary, and such consultants, experts, accountants, investigators, clerks, stenographers, messengers, watchmen, and other employes, as may be required for the proper conduct of the work of his office, and of the Executive Board, and shall fix their salaries, wages, fees, or other compensation.
Section 212. Bureaus and Divisions.--The heads of the several administrative departments, except the Auditor General and the State Treasurer and the several independent administrative boards and commissions shall, subject to the approval of the Executive Board, establish such bureaus or divisions in their respective departments, boards, or commissions, as may be required for the proper conduct of the work of such departments, boards or commissions.
(212 amended Dec. 18, 1968, P.L.1232, No.390)
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 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. (Par. amended Nov. 8, 1976, P.L.1109, No.227)
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.
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.
(213 amended June 25, 1947, P.L.935, No.390)
Section 214. Employment and Compensation of Directors, Bureau Chiefs, and Other Employes.--Except as otherwise provided in this section and in the Civil Service Act, the heads of the several administrative departments, except the Auditor General and the State Treasurer, and the independent administrative boards and commissions, shall appoint and fix the compensation of such directors, superintendents, bureau or division chiefs, assistant directors, assistant superintendents, assistant chiefs, experts, scientists, engineers, surveyors, draftsmen, accountants, secretaries, auditors, inspectors, examiners, statisticians, marshals, clerks, stenographers, bookkeepers, messengers, and other assistants and employes as may be required for the proper conduct of the work of their respective departments, boards, or commissions. Except as otherwise provided in this act, the heads of the respective administrative departments shall appoint and fix the compensation of such clerks, stenographers, and other assistants, as may be required for the proper conduct of the work of any departmental administrative bodies, boards, commissions, or officers, and of any advisory boards or commissions established in their respective departments.
The Governor shall have the power and authority to appoint and fix the compensation of a comptroller in each administrative department, except the Department of the Auditor General and the Treasury Department, and in each independent administrative board and commission, together with all accountants, auditors, clerks, stenographers, bookkeepers, and other assistants and employes, as may be required for the proper conduct of the work of the comptroller in such department, board or commission. All comptrollers and other related employes so appointed shall succeed to the functions and duties of the respective comptrollers and related employes theretofore appointed by the heads of such departments, boards and commissions, and shall be under and subject to the direct regulation, supervision and control of the Governor or such employe in his office as he may designate for that purpose. The compensation of all comptrollers and other related employes shall be paid out of appropriations made for this purpose.
Except as otherwise provided in this section and in the Civil Service Act, the number and compensation of all employes appointed under this section shall be subject to the approval by the Governor, and, after the Executive Board shall have fixed the standard compensation for any kind, grade, or class of service or employment, the compensation of all persons in that kind, grade, or class, appointed hereunder, shall be fixed in accordance with such standard.
(214 amended Dec. 19, 1980, P.L.1333, No.244)
Section 215. Extra Compensation Prohibited.--No employe in any administrative department, independent administrative board or commission, or departmental administrative board or commission, employed at a fixed compensation, shall be paid for any extra services, unless expressly authorized by the Executive Board prior to the rendering of such services.
Section 216. Expenses.--Subject to the rules and regulations of the Executive Board, the heads of administrative departments, the members of independent administrative boards and commissions, the members of departmental administrative bodies, boards, and commissions, the members of advisory boards and commissions, all administrative officers, and all persons employed under the provisions of this act, shall be entitled to receive their traveling and other necessary expenses, actually incurred in the performance of their public duties, upon requisition of the head of the appropriate administrative department, or of the appropriate administrative board or commission, but, in the case of departmental administrative boards and commissions, such requisitions shall be subject to the approval of the departments with which such boards or commissions are respectively connected. Whenever an employe of any department, board, or commission, who shall have been in the employment of the same department, board, or commission for more than one year, shall be required by the head of the department, or by the board or commission by which he or she is employed, to change his or her residence from one place in Pennsylvania to another such place, such employe may, with the approval of the Governor in writing, receive the expenses of moving his or her household goods to his or her new residence.
Section 217. Qualifications.--All deputies, directors, superintendents, and bureau or division chiefs, and other employes, shall be persons especially qualified for their positions by training and experience in the particular kind of work which their official duties will require them to perform.
Section 218. Oath of Office.--All persons appointed by the Governor under the provisions of this act, and all deputy heads of administrative departments, shall, before entering upon the duties of their offices, take and subscribe the constitutional oath of office, which shall be filed in the office of the Secretary of the Commonwealth.
Section 219. Fidelity Bonds.--Before entering upon the duties of their respective offices or positions, bonds, conditioned for the faithful performance of their respective duties, in such penal sums as shall be fixed by the Executive Board, upon recommendation of the Governor, shall be executed and filed with the State Treasurer by all heads of administrative departments, but the amount of the bond shall not be less than five thousand dollars ($5,000).
Similar bonds, in such penal sums as shall be fixed by the Executive Board, shall be executed and filed with the State Treasurer by--
(a) Such members of independent administrative boards or commissions as the Executive Board shall require;
(b) Such members of departmental administrative boards or commissions as the heads of the departments with which such boards or commissions are respectively connected shall, with the approval of the Executive Board, prescribe;
(c) Such officers and employes of administrative departments, or of independent administrative boards or commissions, as the heads of such departments or such boards or commissions shall, with the approval of the Executive Board, prescribe;
(d) Such officers and employes of departmental administrative boards or commissions as the departments with which such boards or commissions are connected shall, with the approval of the Executive Board, prescribe.
All bonds required to be given under this section shall, before being accepted by the State Treasurer, be approved by the Department of Justice, and, unless the Commonwealth shall establish its own indemnity fund, all such bonds shall be given with security approved by the Department of Justice. If the Commonwealth shall establish its own indemnity fund, the Executive Board may, nevertheless, require any bond given hereunder to be executed by a surety or sureties satisfactory to the Department of Justice.
(219 amended June 3, 1933, P.L.1470, No.320)
Section 220. Departmental Offices.--Each administrative department, and each independent administrative board and commission, shall maintain a central office at Harrisburg, in rooms assigned to it by the Governor. The head of any department, or any independent administrative board or commission, may, with the approval of the Governor, establish and maintain, at places other than Harrisburg, branch offices for the conduct of any one or more functions of such department, board, or commission, or of any departmental administrative or advisory board or commission in such department.
(220 amended June 5, 1947, P.L.407, No.187)
Section 221. Office Hours.--All administrative offices of the State Government shall be open for the transaction of public business at least eight hours each day, except Saturdays, Sundays and such holidays as may be determined by the Executive Board. The hours when such offices shall open and close shall from time to time be determined by the Executive Board.
(221 amended Oct. 7, 1974, P.L.673, No.225)
Section 222. Work-Hours and Leaves.--(a) Each employe of an administrative department, of an independent administrative board or commission, or of a departmental administrative board or commission, if employed for continuous service, shall work during such hours as the head of the department or the board or commission shall require but not less than thirty-five hours per week.
(b) Each salaried, hourly or per diem employe of such department, board or commission shall be entitled each calendar year to annual leave of absence with pay in accordance with regulations established by the Executive Board. ((b) amended Oct. 7, 1974, P.L.673, No.225)
(c) Each salaried, hourly or per diem employe of such department, board or commission shall be entitled each calendar year to sick leave with pay in accordance with regulations established by the Executive Board. ((c) amended Oct. 7, 1974, P.L.673, No.225)
(c.1) Each salaried employe may, with the approval of the head of the department, board or commission, be granted such other administrative leave of absence with full pay as shall be prescribed by the Executive Board to attend conferences and absent themselves from work for job related purposes.
(d) This section shall be construed to mean that the pay of such employe shall cease upon the expiration of the leave, regardless of his or her continuation thereafter upon the rolls of the department, board or commission. The leaves of absence with pay provided salaried employes by this section shall be exclusive of legal holidays, paid holidays declared by the Governor and non-working days in an employe's normal work week. ((d) amended June 4, 1965, P.L.95, No.65)
(222 amended Aug. 24, 1961, P.L.1126, No.501)
Section 223. Payday.--(a) Each employe of an administrative department, of an independent administrative board or commission and of a departmental administrative board or commission, shall be paid his regular salary every other week.
(b) Effective within six months subsequent to July 1, 1984, all employes of the Executive Branch shall be paid on an after-the-fact pay basis.
(c) An after-the-fact pay is defined as a method of payment in which compensation due for a given pay period is paid to the employe no later than two weeks after the end of the pay period.
(d) Any employe on a before-the-fact pay basis on the date of conversion would receive a conversion payment equal to his biweekly salary in order to avoid any employe missing a payday in the process of conversion. Such conversion payment shall be recoverable by the Commonwealth upon severance of the employe from State service. After the date of conversion, employes shall continue to be paid every other week.
(223 amended July 2, 1984, P.L.511, No.103)
Section 224. Local Tax Withholding of Commonwealth Employes.--(a) Notwithstanding the provisions of the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," the Commonwealth shall deduct, at the time of payment of a salary, wage, commission or other compensation, the tax imposed by ordinance or resolution on the earned income due to its employes and shall, on or before April 30 of the current year, July 31 of the current year, October 31 of the current year and January 31 of the succeeding year, file a return and pay to the officer of the relevant taxing jurisdiction the amount of taxes deducted during the preceding three-month periods ending March 31 of the current year, June 30 of the current year, September 30 of the current year and December 31 of the current year, respectively. The rate of withholding shall be as follows:
(1) For employes residing in a taxing jurisdiction that imposes a resident tax rate, the amount deducted shall be based on the ordinance or resolution of the taxing jurisdiction fixing the resident tax rate where the employe resides, and the Commonwealth shall remit the amount of taxes deducted to that taxing jurisdiction.
(2) For employes residing in a taxing jurisdiction that does not impose a resident tax rate, or where the residence tax rate imposed is less than the nonresident tax rate imposed by the taxing jurisdiction where the office, factory, workshop, branch, warehouse or other place of business is located, the amount deducted shall be based on the ordinance or resolution of the taxing jurisdiction fixing the nonresident tax rate where the office, factory, workshop, branch, warehouse or other place of business is located, and the Commonwealth shall remit the amount of taxes deducted to that taxing jurisdiction.
(3) For employes residing or working in a city of the first class, the amount deducted shall be based on the ordinance imposed by the city under the authority of the act of August 5, 1932 (Sp.Sess., P.L.45, No.45), referred to as the Sterling Act, and the Commonwealth shall remit the amount of taxes deducted to the city of the first class.
(b) Such return, unless otherwise agreed upon between the taxing officer and the Commonwealth, shall show the name and social security number of each such employe, the earned income of such employe during such preceding three-month period, the tax deducted therefrom, the political subdivisions imposing the tax upon such employe, the total earned income of all such employes during such preceding three-month period and the total tax deducted therefrom and paid with the return.
(224 added Dec. 23, 2003, P.L.282, No.47)
Compiler's Note: Section 36 of Act 32 of 2008 provided that section 224 is repealed insofar as it is inconsistent with Act 32.
Section 225. Employes with Access to Federal Tax Information.--(Repealed June 28, 2019, P.L.101, No.15)
Section 226. Criminal History Background Checks of Employes and Contractors with Access to Federal Tax Information.--(a) An agency shall require any current or prospective employe or contractor whose duties and responsibilities require, or will require, access to Federal tax information to submit to a criminal history background check to be conducted by the Pennsylvania State Police. A current or prospective employe or contractor shall submit fingerprints and other identifying information to the Pennsylvania State Police. An individual who refuses to comply with this subsection will not be considered suitable to access Federal tax information for purposes of subsection (c).
(b) When a criminal history background check is requested under subsection (a), the Pennsylvania State Police, or its designee, shall do all of the following:
(1) Provide the agency with a report of the individual's criminal history record information as defined by 18 Pa.C.S. § 9102 (relating to definitions) or a statement that the Pennsylvania State Police central repository contains no information relating to the individual. The criminal history record information shall be limited to that which is disseminated under 18 Pa.C.S. § 9121(b)(2) (relating to general regulations).
(2) Submit the individual's fingerprints to the Federal Bureau of Investigation for a national criminal history records check.
(3) Provide the agency with the national criminal history record information of the individual. The information provided under this subsection may not be limited by 18 Pa.C.S. § 9121(b)(2).
(c) Information relating to a current or prospective employe or contractor submitted to or obtained by an agency under this section shall be interpreted and used only to determine the individual's character, fitness and suitability to access Federal tax information. If an agency determines an individual is not suitable to access Federal tax information, the agency shall take appropriate action, including:
(1) declining to hire or utilize the services of the individual;
(2) transferring the individual to a position that does not require access to Federal tax information; or
(3) terminating the individual's employment.
(d) An agency may receive and retain information consistent with this section that is otherwise protected under 18 Pa.C.S. Ch. 91 (relating to criminal history record information), subject to any requirements related to redaction as specified in 18 Pa.C.S. § 9121(b)(2) with respect to information described in subsection (b)(1). All information received and retained by an agency in accordance with this section shall be marked as confidential and shall be excluded from any requirement of public disclosure as a public record.
(e) An individual who has been determined suitable to access Federal tax information under this section shall resubmit to a criminal history background check under subsections (a) and (b) within ten years of the individual's last check under this section, unless the agency participates in a program exempting employes from clearance.
(f) An agency receiving Federal tax information that transfers the Federal tax information to any other entity except as it involves a Federal or State court or the Board of Finance and Revenue as part of a legal proceeding before the same may audit that entity to determine compliance with this section.
(g) The Department of Revenue may publish guidelines to implement this section.
(h) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Agency." A Commonwealth agency, office, department, authority, board or commission of the executive branch or a political subdivision receiving Federal tax information, even though the Federal tax information may be forwarded to the agency from or through any of the following:
(1) The Internal Revenue Service.
(2) The Social Security Administration.
(3) A permitted disclosure under section 6103 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 6103).
(4) By exchange agreement approved by the Internal Revenue Service.
(5) Any other secondary source.
"Contractor." An individual who is not an employe of an agency and performs work functions for an agency under the terms of a written agreement, regardless of whether the written agreement is directly with the agency or a third party.
"Federal tax information." Includes any "return" or "return information" as defined in section 6103 of the Internal Revenue Code of 1986.
(226 added June 28, 2019, P.L.101, No.15)
Compiler's Note: See section 13 of Act 15 of 2019 in the appendix to this act for special provisions relating to legislative findings and declarations and effective date.
ARTICLE III
ORGANIZATION OF INDEPENDENT ADMINISTRATIVE
BOARDS AND COMMISSIONS
Section 301. Pennsylvania Game Commission.--(301 repealed July 8, 1986, P.L.442, No.93)
Section 301.1. Investment of Moneys.--(a) The Treasury Department may, from time to time, invest in direct short-term obligations of the United States government such amounts of the moneys of the Commonwealth, with the exception of moneys in any fund authorized by law to be invested by any board, commission or State officer, on deposit from time to time in State depositories, as shall have accumulated beyond the ordinary needs of various funds. The Treasury Department shall, from time to time as necessary, sell such short-term obligations and deposit the proceeds in State depositories as provided by this act. The Treasury Department shall not, at any one time, have invested in short-term obligations of the United States government more than an aggregate of such total sum as the Board of Finance and Revenue shall, by resolution, with the Governor's approval, have prescribed.
(b) The Treasury Department may, from time to time, invest its excess funds in United States Treasury and United States Agency obligations, with a maturity of up to and including two years.
(c) The Treasury Department may, from time to time, subject to the hereinafter stated conditions and limitations, invest and reinvest the moneys of any fund as shall have accumulated beyond the ordinary needs of the various funds, and which are not authorized by law to be invested by any board, commission or State officer in commercial paper.
As used herein, "commercial paper" shall mean unsecured promissory notes issued either in discount or interest-bearing form by any industrial, common carrier, or finance company and must bear Moody's Credit Service "Prime One Rating," or the equivalent by Standard and Poor's or Fitch's Rating Service.
The Treasury Department shall not, at any time, have invested in commercial paper more than an aggregate of such total sum as the Board of Finance and Revenue shall, by resolution, with the Governor's approval, have prescribed.
(d) The Treasury Department may, from time to time pursuant to regulations adopted by the Board of Finance and Revenue invest and reinvest such moneys of any fund as shall be accumulated beyond the ordinary needs of the various funds and which are not authorized by law to be invested by any other board or commission or State officer by purchasing certificates of deposit from commercial banks domiciled in this Commonwealth up to the level equal to twenty per centum of such bank's total capital and surplus. Certificates of deposit may likewise be purchased from savings and loan associations or savings banks domiciled in the Commonwealth up to a level equal to twenty per centum of such association's or savings bank's assets minus liabilities. Such certificates of deposit need not be collateralized. In applying the proceeding limitation on investments in certificates of deposit, the Treasury Department must include the similar investments of the State Employees' Retirement Board and the Public School Employees' Retirement Board. The Treasury Department shall not at anytime have invested in uncollateralized certificates of deposit more than the total amount authorized by resolution of the Board of Finance and Revenue and approved by the Governor. The Treasury Department shall purchase certificates of deposit under this subsection pursuant to procedures established in regulations by the Board of Finance and Revenue and shall take into account the differences, if any, in competitive bids, the financial strength of each of the bidders and the services provided to or at the request of the Commonwealth and any of its departments, agencies or bureaus by each of the bidders.
(e) The Treasury Department may from time to time enter into repurchase agreements secured by Federal obligations.
(f) The Treasury Department may, from time to time, invest its excess funds in Banker's Acceptances.
As used herein, "Banker's Acceptances" shall mean short term trade financing agreements secured by the accepting bank and the goods being purchased, and shall be limited to domestic banks whose parent companies bear a Moody's Credit Service "AA Rating," or the equivalent by Standard and Poor's or Fitch's Rating Service.
(g) Notwithstanding any limitations, conditions or restrictions imposed on the making of investments by this act, except those contained in subsection (h), and notwithstanding any limitations, conditions or restrictions imposed by any other law, the Treasury Department may, at its discretion, invest a maximum of ten per centum of the book value of the assets of the fund in any investments except common stock not otherwise specifically authorized.
(h) All investments allowed under this section must be made with the exercise of that degree of judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs not in regard to speculation, but in regard to the permanent disposition of the funds, considering the probable income to be derived therefrom as well as the probable safety of their capital. The exercise of such degree of judgment and care shall include, but shall not be limited to:
(1) The daily investment of available investable funds necessary to maintain maximum effectiveness of the Treasury Department investment portfolio at all times.
(2) The maintenance of portfolio reporting system.
(3) The adherence to Moody's Credit Service "Prime One Rating" or the equivalent of Standard and Poor's or Fitch's Rating Service for institutions with whom investments are transacted pursuant to subsection (g).
(4) At least quarter-annual bank performance ranking according to maximum efficiency in cash management.
(h) amended May 2, 1986, P.L.145, No.45)
(i) (1) Notwithstanding subsections (a) through (h), the Treasury Department shall have the exclusive management and full power to invest and reinvest the moneys of any fund as shall be accumulated beyond the ordinary needs of the various funds and which are not authorized by law to be invested by any board, commission or State officer, subject, however, to the exercise of that degree of judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence who are familiar with such matters exercise in the management of their own affairs not in regard to speculation but in regard to the permanent disposition of the funds, considering the probable income to be derived therefrom as well as the probable safety of their capital. The Treasury Department shall have the power to hold, purchase, sell, assign, transfer and dispose of any securities and investments in any such fund as well as the proceeds of such investments and of the money belonging to any such fund. The Treasury Department shall, through the Governor, submit to the General Assembly annually, at the same time the Treasury Department submits its budget covering administrative expenses, a report identifying the nature and amount of all existing investments made pursuant to this section.
(2) ((2) repealed June 22, 1999, P.L.99, No.15)
((i) added May 7, 1998, P.L.345, No.53)
(301.1 amended May 7, 1982, P.L.390, No.113)
Section 302. Pennsylvania Fish Commission.--(302 repealed Oct. 16, 1980, P.L.996, No.175)
Section 303. Pennsylvania Public Utility Commission.--(303 repealed July 1, 1978, P.L.598, No.116)
Section 304. Pennsylvania Historical and Museum Commission.--(304 repealed May 26, 1988, P.L.414, No.72)
Section 304.1. Pennsylvania Historical and Museum Commission Volunteer Program.--(a) The Pennsylvania Historical and Museum Commission is authorized to recruit, train and accept, without regard to the civil service classification laws, rules or regulations, the services of individuals without compensation as volunteers for or in aid of interpretive functions, visitor services, conservation measures and development or other activities in and related to all Commonwealth programs administered by the commission.
(b) The Pennsylvania Historical and Museum Commission is authorized to provide for incidental expenses, such as transportation, uniforms, lodging and subsistence, incurred by volunteers in the course of their service as volunteers.
(c) (1) Except as otherwise provided in this section, a volunteer shall not be deemed to be a Commonwealth employe and shall not be subject to the provisions of law relating to Commonwealth employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation and Commonwealth employe benefits.
(2) Volunteers performing work under the terms of this section shall be authorized to operate Commonwealth vehicles and shall be treated for the purposes of automotive and general liability as employes of the Commonwealth.
(3) For the purposes of the act of June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act," relating to compensation to employes for work injuries, volunteers under the provisions of this section shall be deemed employes of the Commonwealth within the meaning of the term "employe" as defined in section 104 of the "Workers' Compensation Act," and the provisions of that act shall apply.
(4) No volunteer shall be assigned to any position presently filled in the Pennsylvania Historical and Museum Commission.
(d) The Pennsylvania Historical and Museum Commission shall have the power and the authority to do all things necessary and expedient to establish and operate a volunteer program and to promulgate rules and regulations under this section.
(304.1 added July 11, 1996, P.L.619, No.105)
Section 305. Pennsylvania Securities Commission.--(305 repealed
May 7, 1998, P.L.342, No.51)
Section 306. Agricultural Lands Condemnation Approval Board.--(a) The Agricultural Lands Condemnation Approval Board is hereby created as an independent administrative board and shall be made up of six (6) members, consisting of the Director of the Office of Policy and Planning, or his designee, the Secretary of Agriculture, or his designee, the Secretary of Environmental Resources, or his designee, the Secretary of Transportation, or his designee, and two active farmers appointed by the Governor, with the advice and consent of a majority of the Senate, for a term of four (4) years. The Secretary of Agriculture shall be chairman of such committee and shall convene the committee from time to time as needed to carry out its duties. The farm members of the committee shall be reimbursed for actual expenses incurred in the performance of their duties. Such expenses and any others incurred by the committee shall be paid for from appropriations made to the Office of State Planning and Development.
(b) Before condemning for any of the purposes set forth in subsection (d) any agricultural lands, as classified by the Agricultural Soil Conservation Service of the United States Department of Agriculture, which lands are being used for productive agricultural purposes, but not including the growing of timber, the Commonwealth of Pennsylvania and any of its political subdivisions, agencies or authorities shall request the Agricultural Lands Condemnation Approval Board to determine that there is no reasonable and prudent alternative to the utilization of such lands for the project.
(c) The board shall have sixty (60) days in which to determine whether there is a feasible and prudent alternative to the condemnation. If the board determines that there is no feasible and prudent alternative, or if the board fails to act within sixty (60) days of receipt of the request, the requesting body may proceed to condemn; otherwise, the condemnation shall not be effected.
(d) The board shall have jurisdiction over condemnation for the following purposes:
(1) Highway purposes, but not including activities relating to existing highways such as, but not limited to, widening roadways, the elimination of curves or reconstruction.
(2) Disposal of solid or liquid waste material, but not including underground pipes used to transport waste.
(306 added Dec. 7, 1979, P.L.478, No.100)
Compiler's Note: The Secretary of Environmental Resources, referred to in subsec. (a), was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection.
Section 307. The Pennsylvania Industrial Development Authority; Additional Members.--In addition to the members of the board of The Pennsylvania Industrial Development Authority provided in section 4 of the act of May 17, 1956 (1955 P.L.1609, No.537), known as the "Pennsylvania Industrial Development Authority Act," the Majority Leader of the Senate, the Minority Leader of the Senate, the Majority Leader of the House of Representatives and the Minority Leader of the House of Representatives shall each appoint one member to the board of The Pennsylvania Industrial Development Authority. A member appointed pursuant to this section shall serve at the pleasure of the officer who appointed the member. Members of the General Assembly shall not be eligible for appointment to the board.
(307 added Aug. 14, 1991, P.L.331, No.35)
Section 308. Terms of Office Under Pennsylvania Intergovernmental Cooperation Authority.--A member of the board of the Pennsylvania Intergovernmental Cooperation Authority shall serve at the pleasure of his or her appointing authority for a term extending not more than sixty (60) days beyond the current term of office of the appointing authorities from the House of Representatives or until his or her successor is appointed, whichever shall first occur. The Executive Director shall serve at the pleasure of the board for a term ending sixty (60) days beyond the current term of office of the appointing authorities from the House of Representatives or until his or her successor is retained pursuant to section 202(g) of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class," whichever shall first occur. A person named to fill a vacancy occurring prior to the expiration of a term shall serve the unexpired term.
(308 added June 22, 1994, P.L.351, No.52)
Section 309. Pennsylvania Gaming Control Board.--(a) Not later than 90 days after the effective date of this section, the Pennsylvania Gaming Control Board shall submit a report to the chairperson and minority chairperson of the Community, Economic and Recreational Development Committee of the Senate and the chairperson and minority chairperson of the Gaming Oversight Committee of the House of Representatives on the potential of fantasy sports as a gambling product in this Commonwealth.
(b) In compiling the report, the Pennsylvania Gaming Control Board shall consider and address the following:
(1) A definition of "fantasy sports."
(2) The structure of the different fantasy sports formats and the underlying activities that may be appropriate for oversight.
(3) Fantasy sports entities, including the roles and relationships of ancillary fantasy sports businesses, including host Internet websites, collegiate and professional sports organizations and persons with a controlling interest in fantasy sports entities.
(4) How regulation of fantasy sports would fit into the Commonwealth's current gambling laws and policies.
(5) Compulsive and problem gambling.
(6) Protection of minors.
(7) Measures to ensure the well-being and safety of players.
(8) Safeguards and mechanisms to ensure the reporting of gambling winnings and facilitate the collection of applicable Federal and State taxes in compliance with Federal and State law.
(9) Recommendations for legislative action.
(10) Any other information related to the conduct and operation of fantasy sports as the board may deem appropriate.
(309 added Feb. 23, 2016, P.L.15, No.7)
Section 310. Pennsylvania Commission on Crime and Delinquency.--(a) The following shall apply:
(1) Notwithstanding section 2(b)(1) of the act of November 22, 1978 (P.L.1166, No.274), referred to as the Pennsylvania Commission on Crime and Delinquency Law, the composition of the Pennsylvania Commission on Crime and Delinquency shall consist of the Attorney General or a designee.
(2) Notwithstanding section 2(b)(6) of the Pennsylvania Commission on Crime and Delinquency Law, the composition of the Pennsylvania Commission on Crime and Delinquency shall consist of the chairperson of the Appropriations Committee of the Senate and the chairperson of the Appropriations Committee of the House of Representatives or the chairpersons' designated legislative staff.
(3) Notwithstanding section 2(b)(8) of the Pennsylvania Commission on Crime and Delinquency Law, the composition of the Pennsylvania Commission on Crime and Delinquency shall consist of four members of the General Assembly or the members' designated legislative staff, of whom one shall be designated by, and serve at the pleasure of, the President pro tempore of the Senate, one by the Minority Leader of the Senate, one by the Speaker of the House of Representatives and one by the Minority Leader of the House of Representatives.
(b) The following shall apply:
(1) The Judicial Computer System Financial Audit Committee is established within the commission. The committee shall consist of voting and nonvoting advisory members. The chair of the committee shall be selected by a majority vote of the voting members:
(2) The voting members are as follows:
(i) The President pro tempore of the Senate or a designee.
(ii) The Majority Leader of the Senate or a designee.
(iii) The Minority Leader of the Senate or a designee.
(iv) The Speaker of the House of Representatives or a designee.
(v) The Majority Leader of the House of Representatives or a designee.
(vi) The Minority Leader of the House of Representatives or a designee.
(vii) A commissioned judge or justice of the Commonwealth, appointed by the Chief Justice of Pennsylvania.
(3) The nonvoting advisory members are as follows:
(i) The Court Administrator of Pennsylvania.
(ii) The executive director of the commission.
(iii) The Secretary of Corrections or a designee.
(iv) The Pennsylvania State Police Commissioner or a designee.
(v) The President of the County Commissioners Association of Pennsylvania or a designee.
(vi) The President of the Pennsylvania State Association of the Prothonotaries and Clerks of Courts or a designee.
(c) The committee shall:
(1) Request information from the Administrative Office of Pennsylvania Courts necessary to fulfill the duties under this subsection.
(2) Review the policy goals, purpose and programs of the system, including, but not limited to, the provision of Statewide case management systems for magisterial, common pleas and appellate courts and other critical functions, the system's impact on the implementation of statutory enactments and the collection of fines, fees and costs payable to the Commonwealth, counties and municipal corporations.
(3) Assess the annual financial needs and revenue streams that support the continuous and uninterrupted operation of the system, including disaster recovery.
(4) Evaluate the annual revenues and expenditures within the system and the amount of any annual surpluses.
(5) Submit legislative recommendations related to the reallocation of undedicated surpluses.
(6) By January 31, 2022, submit a report of its findings to the chair and minority chair of the Appropriations Committee of the Senate, the chair and minority chair of the Appropriations Committee of the House of Representatives, the chair and minority chair of the Judiciary Committee of the Senate and the chair and minority chair of the Judiciary Committee of the House of Representatives.
(d) Staff support shall be made available to the committee by the Executive Director of the commission in order to adequately perform the duties provided for under subsection (c).
(e) The committee shall expire on June 30, 2023, unless otherwise extended by an act of the General Assembly.
(f) As used herein:
The term "commission" shall mean the Pennsylvania Commission on Crime and Delinquency.
The term "committee" shall mean the Judicial Computer System Financial Audit Committee established under subsection (b)(1).
The term "system" shall mean the Judicial Computer System established under 42 Pa.C.S. Ch. 37 Subch. C (relating to Judicial Computer System).
(310 amended July 9, 2021, P.L.377, No.70)
Compiler's Note: See section 18.1 of Act 70 of 2021 in the appendix to this act for special provisions relating to continuation of prior law.
Section 311. Center for Rural Pennsylvania.--(311 repealed June 10, 2024, P.L.382, No.21)
Compiler's Note: See section 13 of Act 15 of 2019 in the appendix to this act for special provisions relating to legislative findings and declarations and effective date.
ARTICLE IV
ORGANIZATION OF DEPARTMENTAL ADMINISTRATIVE
BOARDS AND COMMISSIONS AND OF ADVISORY
BOARDS AND COMMISSIONS
Section 401. Boards of Trustees of State Institutions.--(a) The boards of trustees of each of the State institutions hereinafter mentioned shall consist of nine members, and the head of the department having supervision over the institution ex officio.
(b) The terms of each member of each such board shall be six years, and until his successor is appointed and qualified.
(c) All members of all boards, appointed to succeed members who have served six year terms, shall be appointed for terms of six years from the date of the expiration of the preceding term. Vacancies happening before the expiration of a term shall be filled for the unexpired term.
(d) Five members of any such board shall constitute a quorum.
(e) Each such board shall annually elect a president and vice-president from among its members, and a secretary and treasurer who need not be members of the board. The secretary and treasurer may be the same person.
(f) This section shall apply to:
Board of Trustees of Thaddeus Stevens College of Technology,
Board of Trustees of Scranton State School for the Deaf,
Board of Trustees of Scotland School for Veterans' Children,
Board of Trustees of Pennsylvania Soldiers' and Sailors'
Home,
Board of Trustees of State Industrial Home for Women,
Board of Trustees of the Western Youth Development Centers,
Board of Trustees of the Central Youth Development Centers,
Board of Trustees of the Eastern Youth Development Centers,
Board of Trustees of Allentown State Hospital,
Board of Trustees of Clarks Summit State Hospital,
Board of Trustees of Danville State Hospital,
Board of Trustees of Embreeville Center,
Board of Trustees of Farview State Hospital,
Board of Trustees of Harrisburg State Hospital,
Board of Trustees of Mayview State Hospital,
Board of Trustees of Norristown State Hospital,
Board of Trustees of Philadelphia State Hospital,
Board of Trustees of Somerset State Hospital,
Board of Trustees of Warren State Hospital,
Board of Trustees of Wernersville State Hospital,
Board of Trustees of Woodville State Hospital,
Board of Trustees of Torrance State Hospital,
Board of Trustees of Haverford State Hospital,
Board of Trustees of Ashland State General Hospital,
Board of Trustees of Coaldale State General Hospital,
Board of Trustees of Nanticoke State General Hospital,
Board of Trustees of Philipsburg State General Hospital,
Board of Trustees of Scranton State General Hospital,
Board of Trustees of Shamokin State General Hospital,
Board of Trustees of Ebensburg Center,
Board of Trustees of Eastern State School and Hospital,
Board of Trustees of Laurelton Center,
Board of Trustees of Pennhurst Center,
Board of Trustees of Polk Center,
Board of Trustees of Selinsgrove Center,
Board of Trustees of Hamburg Center,
Board of Trustees of Western Center,
Board of Trustees of White Haven Center,
Board of Trustees of Woodhaven Center,
Board of Trustees of the South Mountain Restoration Centers.
(401 amended Nov. 26, 1997, P.L.530, No.57)
Compiler's Note: Section 7 of Act 50 of 2009 provided that section 401 is repealed insofar as it is inconsistent with Act 50.
Compiler's Note: Without amendment to section 401, section 1 of Act 203 of 1976 changed the designations of the following institutions from State schools and hospitals to centers: Cresson, Ebensburg, Laurelton, Pennhurst, Polk, Selinsgrove, Hamburg, Western and White Haven.
Section 401.1. Boards of Trustees of State Colleges and Universities.--(401.1 repealed Nov. 12, 1982, P.L. 660, No.188)
Section 401.2. Pennsylvania Higher Education Assistance Agency.--(a) (1) The Pennsylvania Higher Education Assistance Agency shall be governed and all of its corporate powers exercised by a board of directors which shall consist of twenty members, nineteen of whom shall be appointed as hereinafter provided, and the Secretary of Education. Except as provided in subsection (b), three members shall be appointed by the Governor and confirmed by the Senate, eight shall be appointed by the President pro tempore of the Senate, and eight shall be appointed by the Speaker of the House of Representatives.
(2) All members shall be of full age, citizens of the United States and residents of this Commonwealth and shall be appointed for terms of six years each, except as provided in subsection (b)(1). Of the members appointed by the Governor, one shall be appointed for a term which shall expire June 30, 2011, one for a term which shall expire June 30, 2013, and one for a term which shall expire June 30, 2015. Of the members appointed by the President pro tempore of the Senate, three shall be appointed for a term which shall expire June 30, 2011, three for a term which shall expire June 30, 2013, and two for a term which shall expire June 30, 2015. Of the members appointed by the Speaker of the House of Representatives, four shall be appointed for a term which shall expire June 30, 2011, three for a term which shall expire June 30, 2013, and one for a term which shall expire June 30, 2015.
(3) The eight members appointed by the President pro tempore of the Senate shall be members of the Senate or appointees under subsection (b), four of whom shall be of the majority party and four of the minority party; and the eight members appointed by the Speaker of the House of Representatives shall be members of the House of Representatives or appointees under subsection (b), four of whom shall be of the majority party and four of the minority party; and any member of the Senate or House of Representatives hereafter appointed shall serve on the board only so long as he is a member or an appointee under subsection (b) of the particular body of the General Assembly from which he was appointed to the board, in which event he shall be ineligible to continue as a member of the board as a legislative appointee and a vacancy shall exist. In such a case the President pro tempore of the Senate or the Speaker of the House of Representatives shall fill the vacancy for the unexpired term in the same manner as original appointment.
(b) (1) Commencing with legislative board appointments that expire after June 30, 2010, all board appointments made after June 30, 2010, shall be appointed for terms of four years each and, when a legislative member's term, as appointed under this section, expires and the legislative member wishes not to be reappointed, provided he is eligible for reappointment, the legislative leader of the respective chamber shall fill the vacancy with a nonlegislative individual that has relevant experience in a field related to finance, banking, investment, information technology, higher education or higher education finance. The respective legislative leader shall not appoint more than one nonlegislative member to fill a vacancy in the board positions allotted to the majority or minority party, and such appointment shall not replace the chairman of the standing committee on education or the legislator designated to serve on the education committee chairman's behalf.
(2) A member of the board of directors who becomes ineligible to serve as a legislative appointee shall be eligible for appointment by the Governor.
(3) The board of directors shall elect from its own members each year a chairman and vice chairman, each of whom must be a legislative appointed member of the board, who shall serve for terms of one year and who shall be eligible for reelection for successive terms. Vacancies shall be filled for the unexpired terms in the same manner as original appointments. Directors shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties under the act of August 7, 1963 (P.L.549, No.290), referred to as the Pennsylvania Higher Education Assistance Agency Act.
(c) The board of directors shall provide for the holding of regular and special meetings. Six directors attending shall constitute a quorum for the transaction of any business and, unless a greater number is required by the bylaws of the agency, the act of a majority of the directors present at any meeting shall be deemed the act of the board.
(d) The board of directors shall adopt bylaws for the agency and may appoint such officers and employes as it deems advisable and may fix their compensation and prescribe their duties.
(e) The board of directors may elect an executive committee of not less than five members who, in intervals between meetings of the board, may transact such business of the agency as the bylaws of the agency may from time to time authorize. Unless otherwise provided by the bylaws, a majority of the whole of such committee attending shall constitute a quorum for the transaction of any business, and the act of a majority of the members of the executive committee present at any meeting thereof shall be the act of such committee.
(401.2 added July 9, 2010, P.L.348, No.50)
Compiler's Note: Section 15.1 of Act 50 of 2010, which added section 401.2, provided that until members of the Pennsylvania Higher Education Assistance Agency are appointed and qualified under section 401.2, members of the agency under former section 3 of the act of August 7, 1963 (P.L.549, No.290), referred to as the Pennsylvania Higher Education Assistance Agency Act, shall remain in office.
Section 402. State Employes' Retirement Board.--(402 repealed Mar. 1, 1974, P.L.125, No.31)
Section 403. Board of Pardons.--(403 repealed June 30, 2021, P.L.260, No.59)
Compiler's Note: Section 207 of Act 164 of 1980 provided that the Attorney General serve as a member of the Board of Pardons and section 501(c) of the act provided for the transfer of the administrative functions of the Board of Pardons to the Lieutenant Governor.
Section 404. Board of Commissioners on Uniform State Laws.--(Repealed Oct. 30, 2001, P.L.815, No.79)
Compiler's Note: Section 504 of Act 164 of 1980 provided that section 404 was repealed to the extent that it designates the Attorney General as a member of the Board of Commissioners on Uniform State Laws. The powers and duties of the Attorney General contained in section 404 were transferred to the Office of General Counsel by sections 302 and 502 of Act 164.
Section 405. Board of Finance and Revenue.--(405 repealed July 9, 2013, P.L.270, No.52)
Compiler's Note: Sections 207 and 302 of Act 164 of 1980 provided that the Attorney General and the General Counsel both serve as members of the Board of Finance and Revenue.
Section 406. Board of Property.--The Board of Property shall consist of the Secretary of Community Affairs, the Secretary of the Commonwealth, and the Attorney General. Two members of the board shall constitute a quorum.
(406 amended Dec. 18, 1968, P.L.1232, No.390)
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs and not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 406 are transferred to the Department of Community and Economic Development. Section 904 of Act 58 of 1996 provided that, in place of the membership of the Secretary of Community Affairs on the Board of Property under this section, the Secretary of Community and Economic Development shall serve on that board. The General Counsel shall be a member of the Board of Property in place of the Attorney General, and, on and after the effective date of Act 58, the Secretary of the Commonwealth shall be the chairperson of the Board of Property.
Compiler's Note: Section 504 of Act 154 of 1980 provided that section 406 is repealed to the extent that it designates the Attorney General as a member of the Board of Property. Section 304 of Act 164 of 1980 designates the General Counsel as a member of the Board of Property.
Section 407. Pennsylvania Aeronautics Commission.--(407 repealed May 6, 1970, P.L.356, No.120)
Section 408. State Council of Education.--(408 repealed June 17, 1963, P.L.143, No.94)
Section 408.1. The State Board of Education.--(408.1 repealed Mar. 30, 1988, P.L.321, No.43)
Section 409. Pennsylvania State Board of Censors.--(409 repealed July 31, 1968, P.L.892, No.269)
Section 410. Public School Employes' Retirement Board.--(410 repealed Oct. 2, 1975, P.L.298, No.96)
Section 411. Pennsylvania Historical Commission.--(411 repealed June 6, 1945, P.L.1398, No.446)
Section 412. State Board of Medical Education and Licensure.--(412 repealed Dec. 20, 1985, P.L.457, No.112)
Section 412.1. State Board of Physical Therapy Examiners.-- (412.1 repealed Dec. 20, 1985, P.L.500, No.117)
Section 413. State Board of Pharmacy.--(413 repealed Dec. 20, 1985, P.L.433, No.111)
Section 414. State Dental Council and Examining Board.--(414 repealed Dec. 20, 1985, P.L.513, No.118)
Section 415. State Board of Optometrical Examiners.--(415 repealed May 15, 1986, P.L.186, No.58)
Section 416. State Board of Osteopathic Medical Examiners.--(416 repealed Dec. 20, 1985, P.L.398, No.108)
Section 417. Osteopathic Surgeons' Examining Board.--(417 repealed Feb. 2, 1956, 1955 P.L.992, No.310)
Section 418. State Board of Nurse Examiners.--(418 repealed Dec. 20, 1985, P.L.409, No.109)
Section 419. State Board of Funeral Directors.--(419 repealed Dec. 22, 1983, P.L.354, No.88)
Section 420. State Board of Veterinary Medical Examiners.--(420 repealed May 9, 1986, P.L.166, No.54)
Section 421. State Board of Examiners of Public Accountants.--(421 repealed Mar. 7, 1984, P.L.106, No.23 and Dec. 4, 1996, P.L.851, No. 140)
Section 422. State Board of Examiners of Architects.--(422 repealed Dec. 14, 1982, P.L.1227, No.281)
Section 423. Mine Inspectors' Examining Board for the Bituminous Coal Mines of Pennsylvania.--(423 repealed Dec. 3, 1970, P.L.834, No.275)
Section 424. Anthracite Mine Inspectors' Examining Board.--(424 repealed Dec. 3, 1970, P.L.834, No.275)
Section 425. State Registration Board for Professional Engineers.--(425 repealed Dec. 22, 1983, P.L.348, No.87)
Section 426. Armory Board of the State of Pennsylvania.--(426 repealed Aug. 1, 1975, P.L.233, No.92)
Section 427. State Athletic Commission.--(427 repealed July 1, 1989, P.L.136, No.28)
Section 428. Board to License Private Bankers.--(428 repealed July 9, 2021, P.L.377, No.70)
Section 429. Pennsylvania Securities Commission.--(429 repealed Dec. 19, 1975, P.L.602, No.172)
Section 430. State Farm Products Show Commission.--The State Farm Products Show Commission shall consist of the Governor, the Secretary of Agriculture, another officer of the Department of Agriculture to be designated by the Secretary of Agriculture, an officer of the Department of Education to be designated by the Secretary of Education, the dean of the College of Agriculture of Pennsylvania State University, the director of agricultural extension of Pennsylvania State University, and four other persons. At least one of the members at large shall have no direct ties to agricultural interests.
The terms of those members of the commission who are appointed by the Governor shall be four years.
The association known as "State Farm Products Show Committee," shall have the right to nominate, from its membership, at least double the number of candidates required to fill any vacancies which may occur in the membership of the State Farm Products Show Commission, and the Governor shall appoint members to fill such vacancies only from the candidates nominated as aforesaid. In the event, however, that said committee shall fail to make and submit to the Governor nominations to fill vacancies, the Governor may appoint any citizen of Pennsylvania to fill such vacancies.
The Secretary of Agriculture shall be chairman of the commission, and the commission shall elect a secretary and a treasurer who need not be members thereof. The same person may be secretary and treasurer of the commission.
Six members of the commission shall constitute a quorum.
(430 amended Dec. 21, 1984, P.L.1275, No.242)
Section 431. Water and Power Resources Board.--(431 repealed Dec. 3, 1970, P.L.834, No.275)
Section 432. Geographic Board.--(432 repealed Dec. 3, 1970, P.L.834, No.275)
Section 432.1. State Geospatial Coordinating Board.--(a) There is established a State Geospatial Coordinating Board to provide advice and recommendations to the Governor and the citizens of this Commonwealth on geospatial issues and provide uniform data standards, coordination and efficiency in geospatial policy and technology issues among Federal, State and local government agencies, academic institutions and the private sector. ((a) amended June 30, 2024, P.L.431, No.35)
(b) (1) The State Geospatial Coordinating Board shall consist of the following members:
(i) The Secretary of Administration or a designee.
(ii) The Secretary of Environmental Protection or a designee.
(iii) The Secretary of Conservation and Natural Resources or a designee.
(iv) The Director of the Pennsylvania Emergency Management Agency, or its successor agency, or a designee.
(v) The Secretary of Transportation or a designee.
(vi) The Secretary of General Services or a designee.
(vi.1) The Secretary of Agriculture or a designee.
(vi.2) The Secretary of Community and Economic Development or a designee.
(vi.3) The Secretary of the Commonwealth or a designee.
(vii) Three members appointed by the President pro tempore of the Senate in consultation with the Majority Leader and Minority Leader of the Senate. One member shall be a representative of a municipal authority. Two members shall be local government officials or employees.
(viii) Three members appointed by the Speaker of the House of Representatives in consultation with the Majority Leader and Minority Leader of the House of Representatives. One member shall be a local government official or employe representing an urban community. One member shall be an employe of a county emergency management agency. One member shall be an individual with expertise in geospatial technology.
(ix) Three members appointed by the Governor. One member shall be a county commissioner. One member shall be a member of the Pennsylvania Society of Land Surveyors. One member shall be an individual with expertise in data development and sharing.
(x) One member designated by the County Geographic Information Systems Professionals Association of Pennsylvania.
(xi) One member designated by Keystone GIS.
(xii) One member designated by the County Commissioners Association of Pennsylvania.
(xiii) (Deleted by amendment).
((1) amended June 30, 2024, P.L.431, No.35)
(2) The members of the board shall include persons knowledgeable in the fields related to geographic information systems, including geospatial technology, data development, architecture standards, data sharing, county government, local government, municipal planning or municipal authorities. The appointees shall serve at the pleasure of the appointing authority.
(c) The board shall also include the following nonvoting ex officio members or their designees, who shall have all the rights of other members, except for voting:
(1) The Commonwealth's mapping liaison from the United States Geological Survey.
(2) One member designated by the Pennsylvania One Call System.
(3) The chairman of the Pennsylvania Public Utility Commission or a designee.
(4) One member designated by The Geographic Information System Consortium of the Pennsylvania State System of Higher Education.
(5) ((5) deleted by amendment June 30, 2024, P.L.431, No.35).
(6) One member designated by the American Planning Association, Pennsylvania Chapter.
(7) The director of Pennsylvania Spatial Data Access.
(8) The Commissioner of Pennsylvania State Police or a designee.
(d) The terms of office of members representing State agencies shall coincide with the term of the Governor, except that the representatives shall continue to serve on the board until their successors are appointed. In case of a vacancy, the Governor shall make an appointment for the unexpired portion of the term. An organizational designee shall serve a term of three years. In the case of a vacancy, the appropriate organization shall provide a designee for the unexpired portion of the term. The replacement council member shall serve until an alternate designee is duly appointed by the appropriate organization for the following term. ((d) amended June 30, 2024, P.L.431, No.35)
(e) The Governor or a designee shall designate the chairperson and vice-chairperson of the board from among the members of the board, other than the ex officio members. The board shall meet not less than four times yearly. Additional meetings shall be at the discretion of the chairperson. Eleven members of the board shall constitute a quorum. ((e) amended June 30, 2024, P.L.431, No.35)
(f) The members of the board shall serve without compensation. ((f) amended June 30, 2024, P.L.431, No.35)
(f.1) The board may, with the approval of the Governor, appoint an executive director who shall serve at the pleasure of the board. The selection and removal of the executive director shall be made by a majority of the voting members of the board that constitute a quorum. Compensation for the executive director shall be set by a vote of a majority of the board members identified in subsection (b)(1)(i), (ii), (iii), (iv), (v), (vi), (vi.1), (vi.2) and (vi.3), subject to the approval of the Executive Board. Funding for the executive director's compensation shall be evenly apportioned amongst all of the Commonwealth agencies represented by members in subsection (b)(1)(i), (ii), (iii), (iv), (v), (vi), (vi.1), (vi.2) and (vi.3) and administered by the Governor's Budget Office. The executive director shall be qualified for the duties of the position, as determined by the board, and shall conduct the work of the board under the board's direction and supervision and act as the secretary of the board. No current member of the board may serve as the executive director. The executive director's appointment shall not continue beyond the expiration of this section. The executive director shall be subject to the same policies and procedures as employes of administrative departments. The day-to-day work of the executive director shall be at the direction and supervision of the board. For administrative purposes, the executive director shall report to the Secretary of Administration. ((f.1) amended June 30, 2024, P.L.431, No.35)
(g) ((g) deleted by amendment June 30, 2024, P.L.431, No.35).
(g.1) The Office of Administration shall make available facilities, administrative support and other assistance to the board, except that the compensation of the personnel providing the administrative support or assistance to the board shall be made from funds that are apportioned to the Office of Administration for this purpose, or as evenly apportioned amongst each of the Commonwealth agencies represented by members under subsection (b)(1)(i), (ii), (iii), (iv), (v), (vi), (vi.1), (vi.2) and (vi.3) and administered by the Office of the Budget. The board shall make a diligent effort to enlist voluntary assistance as may be available from citizens, research organizations and other agencies, generally recognized as qualified to aid the board. ((g.1) added June 30, 2024, P.L.431, No.35)
(g.2) The board may contract with vendors as needed to carry out the work of the board, except that the payment of the vendors shall be made from funds that are apportioned to the Office of Administration for this purpose or as evenly apportioned amongst each of the Commonwealth agencies represented by members under subsection (b)(1)(i), (ii), (iii), (iv), (v), (vi), (vi.1), (vi.2) and (vi.3) and administered by the Office of the Budget. ((g.2) added June 30, 2024, P.L.431, No.35)
(h) The board shall have the following powers and duties:
(1) Recommend data development priorities and interoperability standards for data sharing across agencies and different units of government across this Commonwealth.
(2) Monitor national and State trends, identify issues of potential interest and concern to the Commonwealth and submit annual reports to the Governor and the General Assembly and other reports as necessary.
(3) Define and prioritize strategic opportunities where maps and spatial analysis activities could enhance the business of government and provide more cost-effective services to citizens. This paragraph may include recommendations of specific geospatial technology investments in this Commonwealth.
(4) Develop task forces as needed to formulate recommended positions or actions. The task force membership may be comprised of board members or designees appointed by the board. The board shall consider any task force recommendations at its next meeting.
(i) ((i) deleted by amendment June 30, 2024, P.L.431, No.35).
(j) This section shall expire July 31, 2028. ((j) amended June 30, 2024, P.L.431, No.35)
(432.1 added Oct. 22, 2014, P.L.2881, No.178)
Section 433. Lake Erie and Ohio River Canal Board.--(433 repealed May 21, 1943, P.L.496, No.222)
Section 434. Pennsylvania State Park and Harbor Commission of Erie.--(434 repealed Dec. 3, 1970, P.L.834, No.275)
Section 435. Washington Crossing Park Commission.--(435 repealed May 26, 1988, P.L.414, No.72)
Section 436. Valley Forge Park Commission.--(436 repealed Oct. 5, 1981, P.L.289, No.99)
Section 437. Fort Washington Park Commission.--(437 repealed Aug. 19, 1953, P.L.1092, No.291)
Section 438. Mine Inspectors.--There shall be as many anthracite mine inspectors, and as many bituminous mine inspectors, as may now or hereafter be provided by law. All such mine inspectors shall be appointed, respectively, from among persons holding valid certificates of qualification issued by the Department of Environmental Resources.
The manner of appointing mine inspectors, their qualifications, and their terms of office, shall be as may now or hereafter be provided by law.
(438 amended Dec. 3, 1970, P.L.834, No.275)
Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
Section 439. Sanitary Water Board.--(439 repealed Dec. 3, 1970, P.L.834, No. 275)
Section 440. Anatomical Board.--(440 repealed June 21, 1937, P.L.1865, No.373)
Section 441. Workmen's Compensation Appeal Board.--The Workmen's Compensation Appeal Board shall consist of at least three appointed members, of whom the Governor shall designate one as chairman; the Governor may, on the recommendation of the Secretary of Labor and Industry, increase the number of appointed members on the board. The Secretary of Labor and Industry shall be, ex officio, a member of the board. A majority of the total number of appointed members on the board shall constitute a quorum, and no action of the board shall be valid unless it shall have the concurrence of such number of members and that number constitutes a majority of the votes cast. A vacancy on the board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the board.
The Secretary of Labor and Industry, with the approval of the Governor, shall appoint a secretary to the Workmen's Compensation Appeal Board, who shall receive such salary as the Secretary of Labor and Industry, with the approval of the Governor, shall determine.
(441 amended June 29, 1976, P.L.448, No.109)
Compiler's Note: Section 31.1 of Act 57 of 1996 provided that any reference in a statute to the Workmen's Compensation Appeal Board shall be deemed a reference to the Workers' Compensation Appeal Board.
Section 442. Workmen's Compensation Referees.--There shall be, in the Department of Labor and Industry, as many Workmen's Compensation Referees, as, in the judgment of the Secretary of Labor and Industry, shall be necessary properly to administer the workmen's compensation laws of the Commonwealth. Such referees shall be appointed by and subject to the direction and control of the Secretary of Labor and Industry. The Secretary of Labor and Industry shall assign them to the various workmen's compensation districts, and shall prescribe from time to time the duties to be performed by them.
All positions as Workmen's Compensation Referees now existing or hereafter created shall be in the classified service in conformity with the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act": Provided, That persons occupying such positions on the day before the effective date of this amendment shall serve the maximum probationary period authorized by section 603 of the "Civil Service Act," beginning on effective date of this amendatory act: And provided further, That any handicapped person subsequently appointed to the position of a Workmen's Compensation Referee prior to October 15, 1972 shall serve the maximum probationary period authorized by section 603 of the "Civil Service Act" beginning on the date of his appointment.
(442 amended May 3, 1974, P.L.271, No.76)
Section 442.1. Unemployment Compensation Board of Review.--The Chairman of the Unemployment Compensation Board of Review shall receive a salary at the rate of eleven thousand five hundred dollars per annum. The other members of the board shall receive salaries at the rate of eleven thousand dollars per annum.
(442.1 added Apr. 28, 1949, P.L.776, No.192)
Compiler's Note: Section 2 of Act 11 of 1989 provided that section 442.1 is repealed insofar as it is inconsistent with Act 11.
Section 443. State Workmen's Insurance Board.--The State Workmen's Insurance Board shall consist of the Secretary of Labor and Industry, who shall be the chairman thereof, the State Treasurer, and the Insurance Commissioner.
Section 444. State Council for the Blind.--(444 repealed Dec. 21, 1959, P.L.1944, No.709)
Section 445. The Industrial Board.--(a) The Industrial Board shall consist of the Secretary of Labor and Industry or his designee and six additional members appointed by the Governor, one of whom shall be a licensed architect, one a licensed engineer, one a representative of the building industry with experience in building safety, one a representative of an employe organization with experience in building safety and two representatives of the general public.
(b) The Secretary of Labor and Industry or his designee shall be the chairman of the board.
(c) Four members of the board shall constitute a quorum except as provided for in subsection (g).
(d) A majority vote shall be required for any official action of the board or any panel provided for in subsection (g).
(e) All members, other than the Secretary of Labor and Industry or his designee, shall be appointed for terms of four years, such terms to run concurrent with that of the Governor and until successors are appointed and qualified. Any member appointed to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed.
(f) Board members, other than the Secretary of Labor and Industry or his designee, shall receive one hundred dollars per diem while actually attending to the work of the board. Members shall also receive the amount of reasonable traveling, hotel and other necessary expenses incurred in the performance of their duties in accordance with Commonwealth regulations.
(g) The board may, at the discretion of the chairman, hear appeals or perform its other duties in panels of three members, including the chairman, one of the professional members (the architect, engineer or representative of the building industry) and one member representing an employe organization or a public member. Panels may hold hearings in the various regions of this Commonwealth for the convenience of petitioners or other witnesses. Decisions of the panels shall be final unless the chairman or another panel member refers the matter to the full board for review or unless one of the parties appeals to the full board. The first hearing on any petition shall be held on any petition within forty-five days of receipt of the receiving petition.
(445 amended June 30, 1988, P.L.475, No.80)
Compiler's Note: Section 9(b)(1) of Act 173 of 1978 provided that section 445 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(b).
Compiler's Note: The Industrial Board is subject to periodic review under the act of Dec. 22, 1981, P.L.508, No.142, known as the Sunset Act, and will terminate on the date specified in that act unless reestablished or continued by the General Assembly. The termination is probably not effective since the Sunset Act expired December 22, 1991.
Section 446. Board of Commissioners of Public Grounds and Buildings.--The Board of Commissioners of Public Grounds and Buildings shall consist of the Governor, the Auditor General, and the State Treasurer. The Governor may authorize the Secretary to the Governor, or some other employe of the Governor's office, to serve in his stead on said board. The Auditor General and the State Treasurer may authorize a named deputy, of their respective departments, to serve in their stead on said board: Provided, however, That any such person designated by the Governor, the Auditor General or the State Treasurer, shall not have the right to exercise any power or perform any duty which the Constitution of the Commonwealth of Pennsylvania requires such officials personally to exercise or perform.
(446 amended June 6, 1939, P.L.250, No.144)
Section 447. State Art Commission.--The State Art Commission shall consist of five citizens of this Commonwealth, of whom the Governor shall designate one as chairman, and another as secretary of the commission who need not be a member thereof.
Three members shall constitute a quorum.
Compiler's Note: The State Art Commission terminated Dec. 31, 1988, under the act of Dec. 22, 1981, P.L.508, No.142, known as the Sunset Act.
Section 448. Advisory Boards and Commissions.--The advisory boards and commissions, within the several administrative departments, shall be constituted as follows:
(a) ((a) repealed May 27, 1949, P.L.1903, No.568)
(b) ((b) repealed Apr. 29, 1988, P.L.381, No.60)
(c) ((c) repealed Dec. 3, 1970, P.L.834, No.275)
(d) ((d) repealed Dec. 3, 1970, P.L.834, No.275)
(e) ((e) repealed May 23, 1949, P.L.1695, No.513)
(f) The Advisory Health Board shall consist of the Secretary of Health, or in his place his duly authorized deputy, and twelve members, five of whom shall be physicians licensed to practice medicine or osteopathy in Pennsylvania, one a dentist licensed to practice dentistry in Pennsylvania, one a pharmacist registered with the State Board of Pharmacy, one a registered nurse licensed by the State Board of Nurse Examiners, and one an engineer registered with the State Registration Board for Professional Engineers who is experienced in sanitary engineering. The Secretary of Health, or in his place his duly authorized deputy, shall be chairman of the board.
The term of office of each appointed member of the board shall be four years, measured from the third Tuesday of January of the year in which he takes office, or until his successor has been appointed and has qualified; except that in the initial appointment of the members of the board, one member shall be appointed for a term of one year, three members for a term of two years, three members for a term of three years, and three members for a term of four years.
Six members of the board, together with the Secretary of Health, or in his place his duly authorized deputy, shall constitute a quorum.
Each appointed member of the board shall receive actual traveling expenses and per diem compensation at the rate of $25.00 a day for time actually devoted to the business of the board.
((f) amended Jan. 13, 1966, 1965 P.L.1300, No.517)
(g) ((g) repealed Dec. 21, 1959, P.L.1944, No.709)
(h) ((h) repealed July 22, 1975, P.L.75, No.45)
(i) ((i) repealed Dec. 21, 1959, P.L.1944, No.709)
(k) The State Board of Public Welfare is hereby created. The board shall consist of the Secretary of Public Welfare, ex officio, and sixteen (16) members appointed by the Governor. Four (4) members shall be appointed from among the members of the General Assembly, two (2) from the Senate and two (2) from the House of Representatives. These members of the board shall, with respect to each branch of the General Assembly, be from different political parties, and they shall, in no event, retain membership on the board after they cease to be members of the branch of the Legislature from which they were appointed. One (1) member shall be appointed by the Governor from each of the six (6) advisory committees created by clause (l) of this section, and the first member of each advisory committee appointed by the Governor shall automatically become a member of the board. The term of office of each member of the board, except as herein otherwise provided, shall be six (6) years.
In the original appointment of the members of the board, six (6) members shall be appointed for the term of six (6) years, five (5) members for the term of four (4) years, and five (5) members for the term of two (2) years. Any vacancy occurring in the membership of the board shall be filled by the Governor only for the unexpired term. The Governor may remove any member of the board at any time. No member of the board shall serve more than two (2) consecutive terms not including a vacancy appointment, nor shall any member hold office in any political party.
Nine (9) members of the board shall constitute a quorum. A chairman who shall not be a member of an advisory committee shall be elected by the board, annually, from among its members. Members of the board shall serve without compensation other than reimbursement of travel and other actual expenses incurred in the performance of their duties. The board shall meet at least six (6) times a year. Special meetings of the board shall be held on call of the chairman or the Secretary of Public Welfare, and it shall be the duty of the chairman to call a special meeting upon the written request of one-third (1/3) or more members, not including vacancies, of the board.
((k) added Dec. 21, 1959, P.L.1944, No.709)
(l) The following advisory committees are hereby created:
Advisory Committee for the Blind,
Advisory Committee for General and Special Hospitals,
Advisory Committee for Children and Youth,
Advisory Committee for Public Assistance,
Advisory Committee for Mental Health and Mental Retardation.
(Par. amended June 20, 1978, P.L.477, No.70)
Each advisory committee shall consist of the Commissioner in the Department of Public Welfare, directing the program to which the advisory committee is attached, as an ex officio member, and not less than three (3) nor more than nine (9) members appointed by the Governor. In the case of the Advisory Committee for Mental Health and Mental Retardation, the committee shall include the Chairman of the Public Health and Welfare Committee of the Senate, the Chairman of the Health and Welfare Committee of the House of Representatives and the President of the Pennsylvania State Association of County Commissioners or his alternate. The exact number of members of each advisory committee shall be determined by the Governor upon recommendation of the State Board of Public Welfare. The qualifications of the members of each advisory committee shall also be determined by the Governor upon recommendation of the State Board of Public Welfare: Provided, That with respect to each advisory committee, the Governor shall appoint members with due regard for representation of the professional and lay groups concerned with the fields of interest served by the program to which each advisory committee is attached. The term of office of each member of each advisory committee, except as herein otherwise provided, shall be six (6) years.
The original appointment of the members of the advisory committee shall be for overlapping terms of six (6), four (4) and two (2) years. In making these original appointments, the Governor shall, in so far as possible, appoint approximately one-third (1/3) of the recommended complement of each advisory board to each of the overlapping terms.
A majority of the members of each advisory committee shall constitute a quorum. Each advisory committee shall elect a chairman from among its members. Each advisory committee shall meet at least four (4) times a year. Special meetings of each advisory committee shall be held on call of the chairman, and it shall be the duty of the chairman to call a special meeting upon the written request of one-third (1/3) or more of the members not including vacancies of the advisory committee.
The provisions of clause (k) of this section with respect to filling of vacancies, removal of members, length of service, political party office and compensation shall be applicable to advisory committee members, and are incorporated herein by reference.
((l) amended July 9, 1970, P.L.470, No.161)
(m) ((m) deleted by amendment July 7, 1989, P.L.241, No.42)
(n) ((n) repealed July 2, 1993, P.L.439, No.64)
(n.1) ((n.1) repealed July 2, 1993, P.L.439, No.64)
(o) ((o) deleted by amendment July 7, 1989, P.L.241, No.42)
(p) The Citizens Advisory Council shall be an independent advisory council administratively housed within the Department of Environmental Protection and shall consist of the Secretary of Environmental Protection who shall serve in an ex officio capacity, six members who shall be appointed by the Governor, no more than three of whom shall be of the same political party, six members who shall be appointed by the President Pro Tempore of the Senate, no more than three of whom shall be of the same political party, and six members who shall be appointed by the Speaker of the House of Representatives no more than three of whom shall be of the same political party. The appointed members of the council shall be citizens of the State, who, during their respective terms, shall hold no other State office to which any salary is attached except that of membership on the Environmental Quality Board.
The term of office of each appointed member shall be three years, measured from the third Tuesday of January of the year in which he takes office, or until his successor has been appointed; except that in the initial appointments of the members of the council, the respective appointing authorities shall appoint two members for terms of one year each, two members for terms of two years each, and two members for terms of three years each.
The Citizens Advisory Council shall include persons knowledgeable in fields related to the work of the Department of Environmental Resources such as, but not limited to, ecology, limnology, toxicology, pharmacology, organiculture, and industrial technology.
The council shall annually elect one of its appointed members as chairman and shall elect a secretary who need not be a member of the council. Meetings of the council shall be held at least quarterly or at the call of the chairman.
The council shall have the sole power to employ and fix the compensation of an executive director and such experts, stenographers, and assistants as may be deemed necessary to carry out the work of the council, but due diligence shall be exercised by the council to enlist such voluntary assistance as may be available from citizens, research organizations, and other agencies in Pennsylvania or elsewhere, generally recognized as qualified to aid the council.
((p) amended Feb. 23, 2016, P.L.15, No.7)
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.
Compiler's Note: Section 7(b) of Act 15 of 1999 provided that as much as relates to the Advisory Committee for the Blind in the Department of Public Welfare in section 448(l) is repealed.
Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
Compiler's Note: The Secretary of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection.
Compiler's Note: Without amendment of the Administrative Code, an Employment Agency Advisory Council was created in the Department of Labor and Industry by section 24 of Act 220 of 1972.
Section 449. State Bridge Commission.--(449 repealed Apr. 22, 1949, P.L.725, No.177)
Section 450. State Board of Public Assistance.--(450 repealed Dec. 21, 1959, P.L.1944, No.709)
Section 451. State Planning Board.--(a) The State Planning Board shall be an advisory board within the Governor's Office with the same status under this act as that of advisory boards.
(b) (1) The State Planning Board shall consist of fifteen members to be appointed by the Governor from among the citizens of the State, who during their terms shall hold no other office in the executive branch of State Government to which any salary is attached. In addition to these members, there shall be six ex officio members, the Secretary of Agriculture, the Secretary of Community and Economic Development, the Secretary of Environmental Protection, the Secretary of Conservation and Natural Resources, the Secretary of Public Welfare and the Secretary of Transportation. There shall also be two members appointed by, and serve at the pleasure of, the President pro tempore of the Senate, neither of whom shall be members of the same political party, and two members appointed by, and serve at the pleasure of, the Speaker of the House of Representatives, neither of whom shall be members of the same political party. The terms of office of those members appointed by the Governor shall be for four years and until their successors are appointed and have qualified. In case of a vacancy, the Governor shall make an appointment for the unexpired portion of the term. The Governor shall designate the chairman and vice-chairman of the board from among the members of the board, other than the ex officio and legislative members.
(2) Thirteen members of the board shall constitute a quorum.
(3) The members of the board shall serve without compensation but shall be entitled to receive traveling and other reasonable expenses incurred in the discharge of their duties.
(4) The board may, with the approval of the Governor, appoint and fix the compensation of an executive director who shall be technically qualified for the duties of the office and who shall act as secretary of the board and conduct the work of the board under its supervision.
((b) amended July 9, 2010, P.L.348, No.50)
(c) The board shall have the following powers and duties:
(1) Conduct research and collect, compile and analyze data bearing upon social, economic, physical, demographic and other factors which may influence the present and future welfare of the Commonwealth.
(2) Monitor national and State trends, identify issues of potential interest and concern to the Commonwealth and prepare for the Governor and the General Assembly on an annual basis, or more often if necessary, reports detailing the findings of the board.
(3) Develop strategic plans and programs to promote and enhance the welfare of the Commonwealth and make such recommendations thereon to the Governor as it may deem proper and advisable.
(4) Solicit information and input from State and local government officials and private citizens in Pennsylvania as part of the process of developing strategic plans and programs.
(5) Submit annually to the Governor, the President pro tempore of the Senate and the Speaker of the House of Representatives a report on its program and activities.
(451 amended July 7, 1989, P.L.241, No.42)
Compiler's Note: The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.
Compiler's Note: Section 1106 of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that, in place of the membership of the Secretary of Community Affairs as an ex officio member of the State Planning Board under subsec. (b), the Governor shall make an additonal appointment.
The Secretary of Commerce, referred to in this section, was renamed the Secretary of Community and Economic Development by Act 58 of 1996. The Secretary of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and the functions were transferred to the Secretary of Community and Economic Development.
Compiler's Note: The Secretary of Environmental Resources, referred to in subsec. (b), was abolished by Act 18 of 1995 and the functions were transferred to the Secretary of Conservation and Natural Ressources and the Secretary of Environmental Protection.
Compiler's Note: Section 5 of Reorganization Plan No.1 of 1955 provided that section 451 is suspended insofar as it conflicts with Reorganization Plan No.1.
Section 452. State Civil Service Commission.--(452 repealed June 26, 1989, P.L.47, No.10)
Section 453. State Real Estate Commission.--(453 repealed Mar. 29, 1984, P.L.162, No.32)
Section 454. Public Service Institute Board.--The Public Service Institute Board for the in-service training of State and local officials shall consist of twelve members and the Superintendent of Public Instruction, ex officio. The appointed members of the board shall include representatives of State and local government, and of institutions of higher education, which offer training in the field of public administration. Seven members of the board shall constitute a quorum, and no action of the board shall be valid unless it shall have the concurrence of at least seven members.
The members of the board shall be appointed for terms of four years each from the respective dates of their appointments.
Members of the board shall not receive any compensation, but shall be reimbursed for all travelling and hotel expenses incurred in the performance of their duties, which shall not exceed the sum of ten dollars ($10), per diem, and mileage.
The board shall elect from their number a chairman, and, with the approval of the Superintendent of Public Instruction, shall elect an administrative officer, who shall also act as secretary to the board and whose compensation shall be fixed by the Superintendent of Public Instruction.
(454 added May 13, 1947, P.L.211, No.94)
Compiler's Note: The repeal of this section by the act of Feb. 1, 1966, 1965 P.L.1849, No.582, has been held unconstitutional by opinion of the Attorney General as not included within the title of the repealing act.
Compiler's Note: Reorganization Plan No. 1 of 1973 transferred the powers and duties of the Public Service Institute Board to the Department of Community Affairs.
Section 455. State Board of Private Academic Schools.--(455 repealed Jan. 28, 1988, P.L.24, No.11)
Section 456. The State Board of Private Business Schools.--(456 repealed Dec. 15, 1986, P.L.1585, No.174)
Section 457. The State Board of Private Trade Schools.--(457 repealed Dec. 15, 1986, P.L.1585, No.174)
Section 458. The State Board of Private Correspondence Schools.--(458 repealed Dec. 15, 1986, P.L.1585, No.174)
Section 459. State Board of Cosmetology.--(459 repealed June 30, 1984, P.L.479, No.100)
Section 460. Bushy Run Battlefield Commission.--(460 repealed Aug. 14, 1963, P.L.1117, No.474)
Section 461. State Board of Chiropractic Examiners.--(461 repealed Dec. 16, 1986, P.L.1646, No.188)
Section 462. State Board of Barber Examiners.--(462 repealed June 30, 1984, P.L.494, No.101)
Section 463. Advisory Council on Affairs of the Handicapped.--The Advisory Council on Affairs of the Handicapped shall consist of nine members who shall be named by the Governor, three of whom shall be representatives of employers, three as representatives of bona fide labor organizations having State-wide or national membership, and three who are themselves physically handicapped, from bona fide organizations of the physically handicapped.
The Secretary of the State Department of Labor shall be ex officio chairman of said advisory council.
The terms of the members shall be for three years from the dates of their respective appointments.
Five members of the Advisory Council shall constitute a quorum. Each member of the Advisory Council shall be paid travelling expenses and other necessary expenses, and per diem compensation at the rate of fifteen dollars per day for each day of actual service.
The Advisory Council shall meet not less than twice yearly or oftener on the call of the chairman.
(463 added July 28, 1953, P.L.656, No.197)
Section 464. State Board of Podiatry Examiners.--(464 repealed Dec. 20, 1985, P.L.384, No.107)
Section 464.1. Additional Powers of the State Board of Occupational Therapy Education and Licensure.--In addition to the powers and duties of the State Board of Occupational Therapy Education and Licensure as set forth in the act of June 15, 1982 (P.L.502, No.140), known as the "Occupational Therapy Practice Act," the board, upon payment of the fees required and upon submission of a written application on forms provided by the board, shall issue a license without examination to:
(1) A person paying the fee and filing an application within thirty (30) days from the effective date of this act who presents evidence satisfactory to the board that, prior to the effective date of this act, the applicant has a baccalaureate degree or its equivalent as established by the board in occupational therapy and has had a minimum of five years experience with training satisfactory to the board in occupational therapy or was an occupational therapist registered (O.T.R.) or a certified occupational therapy assistant (C.O.T.A.) through the certification of the American Occupational Therapy Association who resided and practiced in the Commonwealth of Pennsylvania on the effective date of this act.
(2) A person paying the fee and filing an application who presents evidence satisfactory to the board of being licensed or registered as an occupational therapist or occupational therapy assistant by another state, territory of the United States or the District of Columbia or of being a registered occupational therapist or certified occupational therapy assistant through the American Occupational Therapy Association and of residing in or practicing in another state or territory of the United States or the District of Columbia where the requirements for licensure, registration or certification were at the date of his or her licensure, registration or certification substantially equal to the requirements set forth in this act.
(464.1 added Feb. 17, 1984, P.L.75, No.14)
Section 465. Advisory Board on Problems of Older Workers.--
(a) The Advisory Board on Problems of Older Workers shall consist of nine members who shall be appointed by the Governor not more than five of such members to be from the same political party. The Secretary of Labor and Industry shall be ex-officio chairman of the board.
(b) The terms of the members shall be for four years from the dates of their appointment, or until their successors are appointed and qualified.
(c) Five members of the board shall constitute a quorum.
(d) Each member of the board shall receive per diem compensation at the rate of thirty-five dollars ($35) per day for the time actually devoted to the business of the board, such compensation not to exceed, in any calendar year, the sum of five thousand dollars ($5,000) per member. The compensation of the members of the board shall be paid from funds available to the Department of Labor and Industry for operation of its employment programs.
(465 added Apr. 11, 1956, 1955 P.L.1443, No.475)
Section 466. Coal Research Board.--(466 repealed Dec. 3, 1970, P.L.834, No.275)
Section 467. Oil and Gas Conservation Commission.--(467 repealed Dec. 3, 1970, P.L.834, No.275)
Section 468. State Transportation Commission.--(a) There is hereby created a State Transportation Commission which shall consist of fifteen members, one of whom shall be the Secretary of Transportation, who shall be the chairman of the commission. The chairman and minority chairman of the Committee on Transportation of the Senate and the chairman and minority chairman of the Committee on Transportation of the House of Representatives, respectively, shall be members of the commission.
(b) Subject to the provisions of subsection (h), the Governor shall nominate and by and with the advice and consent of a majority of all the members of the Senate, appoint ten of the remaining members of the commission, not more than five of whom shall be members of the same political party, for terms of six years. Not more nor less than one appointed member of the commission shall be a resident of the counties of Philadelphia and Allegheny, respectively. At least one of the members of the commission shall hold at least a private pilot's license and derive part of his or her livelihood from aviation related activities or be otherwise actively involved in aviation. At least two of the appointees of the Governor shall be members of the board of directors of a transportation authority at the time of their appointment: Provided, That said authority appointees shall not be considered residents of either Philadelphia or Allegheny County for the purpose of the preceding sentence. The present members of the commission shall be entitled to complete their present terms and may be reappointed at the completion thereof.
(c) Any member of the General Assembly who serves as a member of the State Transportation Commission pursuant to subsection (a) or this subsection shall have the power and may appoint a designee who shall have the same rights and privileges as a member when attending a meeting of the State Transportation Commission on behalf of the legislative member.
(d) The members of the commission shall be reputable citizens of the Commonwealth, of mature judgment and broad business experience and shall not hold any other position as an employe of the Commonwealth. Any person appointed to fill a vacancy shall serve only for the unexpired term. A member of the commission may be reappointed to succeed himself. All appointed members shall serve for their appointed terms and may serve for a period not to exceed six months until their successors have been appointed and qualify. All vacancies shall be filled not later than sixty days after such vacancy occurs.
(e) No member of the commission, during his term of office shall directly or indirectly own, have any significant financial interest in, be associated with, or receive any fee, commission, compensation or anything of value from any person, firm, partnership, business association or corporation which supplies materials or services of any nature except services of an informational or advisory nature rendered as a public service and without profit to the Department of Transportation.
(f) Each member of the commission shall be deemed to have been appointed to represent the interests of the Commonwealth at large and shall not be deemed to be the representative of any region or district whatsoever.
(g) The members of the commission, other than the secretary and the legislative members, shall be entitled to receive seventy-five dollars ($75) per diem for each day actually spent in the performance of his duties and all members shall be entitled to reimbursement for reasonable expenses as determined by rule or regulation of the commission.
(h) Upon receipt of a written notice from the chairman of the State Transportation Commission stating that the named appointed member of the commission has missed three consecutive regularly scheduled meetings of the commission without cause and excluding any meetings under section 2011(c), (d) or (e), the appointing authority may remove the member named in the written notice and may appoint a new member to fill the vacancy as provided in subsection (d).
(i) The Department of Transportation shall supply all necessary assistance to assist the State Transportation Commission in carrying out its duties and responsibilities.
(468 amended Apr. 30, 1986, P.L.121, No.37)
Section 469. Pennsylvania Crime Commission.--(469 repealed Oct. 4, 1978, P.L.876, No.169)
Section 469.1. Transition Provisions for the Pennsylvania Crime Commission.--(469.1 expired Nov. 26, 1978, P.L.1418, No.334, effective July 1, 1983)
Section 470. State Board of Examiners of Nursing Home Administrators.--(470 repealed Dec. 20, 1985, P.L.375, No.106)
Section 471. Environmental Quality Board.--The Environmental Quality Board shall consist of the Secretary of Environmental Resources, who shall be chairman thereof, the Secretary of Health, the Secretary of Commerce, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of Labor and Industry, the Secretary of Community Affairs, the Executive Director of the Fish Commission, the Executive Director of the Game Commission, the Chairman of the Public Utilities Commission, the Executive Director of the State Planning Board, the Executive Director of the Pennsylvania Historical and Museum Commission, five members of the Citizens Advisory Council, and four members of the General Assembly. The Citizens Advisory Council members shall be designated by, and serve at the pleasure of, the Citizens Advisory Council. One of the General Assembly members shall be designated by, and serve at the pleasure of, the President Pro Tempore of the Senate, one by the Minority Leader of the Senate, one by the Speaker of the House of Representatives and one by the Minority Leader of the House of Representatives. In addition to the heads of the various departments as elsewhere in this act provided, the other members of the board may have named alternates to serve in their stead, the alternates for the members of the board from the Citizens Advisory Council to be selected by that council from members of the council and each other alternate to be selected by that particular member of the board in whose stead he is to serve. No person will serve as alternate for more than one board member.
Eight members of the board shall constitute a quorum.
(471 amended Nov. 1, 1979, P.L.251, No.83)
Compiler's Note: The Secretary of Commerce, referred to in this section, was renamed the Secretary of Community and Economic Development by Act 58 of 1996. The Secretary of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and the functions were transferred to the Secretary of Community and Economic Development.
Compiler's Note: The name of the Pennsylvania Fish Commission, referred to in this section, was changed to the Pennsylvania Fish and Boat Commission by Act 39 of 1991. See 30 Pa.C.S. § 308 (relating to designation of commission).
Section 472. Environmental Hearing Board.--(472 repealed July 13, 1988, P.L.530, No.94)
Section 473. State Board for Certification of Sewage Treatment Plant and Waterworks Operators.--The State Board for Certification of Sewage Treatment Plant and Waterworks Operators shall consist of the Secretary of Environmental Resources, or his representative, and five additional members to be appointed by the Governor.
One member shall be an employe of a municipality or municipality authority which operates a sewage treatment plant, water treatment plant or water distribution system or a representative of a State association of municipalities or municipality authorities.
One member shall be an individual qualified under this act to operate any water treatment plant.
One member shall be the owner or official of a privately owned waterworks.
One member shall be an individual qualified under this act to operate any sewage treatment plant.
One member shall be on the teaching staff of the civil or sanitary engineering department of an accredited Pennsylvania university or college.
The original appointed members of the board, in the order listed above, shall hold office for one, two, three and four years respectively. Thereafter, each appointment shall be for a period of four years duration. The Governor may reappoint board members for successive terms. Members of the board shall remain in office until a successor is appointed and qualified. If vacancies occur prior to completion of a term the Governor shall appoint another member in accordance with this section to fill the unexpired term.
The present members of the board shall continue to be members subject to the other provisions of this section except that the Secretary of Environmental Resources shall replace the Secretary of Health. A chairman and secretary of the board shall be elected annually. Four members of the board shall constitute a quorum. Meetings may be called by the chairman as needed to conduct the business of the board.
The members of the board shall receive no compensation for their service but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(473 added Dec. 3, 1970, P.L.834, No.275)
Compiler's Note: The Secretary of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection.
Section 474. State Soil Conservation Commission.--The State Soil Conservation Commission shall consist of the Secretary of Environmental Resources, who shall be the chairman, the Secretary of Agriculture, the Dean of the College of Agriculture of The Pennsylvania State University, and four farmer members, who shall be farmers, to be appointed by the Governor from a list of eight nominees submitted by the association known as "Pennsylvania State Council of Farm Organizations." Two urban members of the commission shall also be appointed to the commission by the Governor. In the event, however, that said association shall fail to make and submit to the Governor, nominations to fill vacancies, the Governor may appoint any citizens of Pennsylvania to fill such vacancies. The State Conservationist of the Soil Conservation Service, United States Department of Agriculture and the Director of Agriculture and Home Economics Extension of The Pennsylvania State University shall be associate, nonvoting members of the commission. The commission shall keep a record of its official actions, and may perform such acts and promulgate such rules and regulations as may be necessary, and employ such personnel as needed for the execution of its function under this act. A majority of the voting members shall constitute a quorum and all decisions of the commission shall require a concurrence of the voting members of the commission.
The farmer and urban members of the commission shall be appointed for a period of four years and shall hold office until their successors have been appointed and have qualified. The four farmer members' terms shall be so staggered that one member's term shall expire each year while the two urban members' terms shall be so staggered that one member's term shall expire every second year. At the expiration of their terms of office, or in the event of vacancies through death, resignation or otherwise, new farmer or urban members shall be appointed in the manner set forth in paragraph one of this section. A majority of the commission shall constitute a quorum and all decisions shall require the concurrence of a majority of the commission. All members of the commission shall be entitled to their actual and necessary expenses including traveling expenses incurred in the discharge of their duties. The commission shall provide for the execution of surety bonds for all employes and officers who shall be entrusted with funds or property of the commission and shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted.
(474 added Dec. 3, 1970, P.L.834, No.275)
Compiler's Note: The Secretary of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection.
Section 475. Navigation Commission for the Delaware River and its Navigable Tributaries.--(a) The Navigation Commission for the Delaware River and its navigable tributaries shall consist of nine members, four to be appointed by the Governor; by and with the advice and consent of a majority of the members of the Senate; two of whom shall be appointed from among the residents of Delaware County; one of whom shall be appointed from among residents of Bucks County; and one of whom shall be appointed from among the residents of Philadelphia County; two to be appointed by the Mayor of the City of Philadelphia; one to be the Secretary of Environmental Resources or his designee, who shall serve ex officio, one to be the Secretary of Commerce or his designee, who shall be chairman; and one of whom shall be the Director of Commerce of the City of Philadelphia, who shall serve ex officio. The principal office of the commission shall be in the City of Philadelphia.
(b) The members of the Navigation Commission for the Delaware River and its navigable tributaries, hereinafter referred to as the commissioners, shall be appointed initially, two by the Governor and one by the Mayor for a term of two years and two by the Governor and one by the Mayor for a term of four years, and shall hold office for a term of four years thereafter, and until their successors are appointed and qualified, and may be eligible for reappointment to office. They shall serve without compensation, but shall be reimbursed for necessary expenses. A majority of the commissioners, appointed by the Governor and the Mayor of the City of Philadelphia, shall constitute a quorum for the transaction of business.
(c) The commission shall have a secretary, and such clerks as may be necessary to keep accurate minutes and entries of all orders, regulations, and transactions of the said commissioners, in a book or books to be kept for that purpose; and the said minutes and entries shall be submitted to the inspection of any person or persons who shall desire to see and peruse the same; and the said commissioners shall give true copies of all such entries or minutes, made in the said book or books as may be required, to such person or persons as shall demand the same, he or they paying to the said commissioners one cent per line for each copy thereof. The commissioners may also have, if the Secretary of Commerce approve, a civil engineer, and such other employes as are necessary to the proper transaction of the business of the Navigation Commission for the Delaware River and its navigable tributaries. The said commissioners shall have authority to maintain adequate offices and a meeting room.
The Secretary of Commerce shall appoint the secretary and all employes of the commission, whose salaries shall be fixed as provided by law.
(475 amended July 9, 1976, P.L.980, No.197)
Compiler's Note: The Secretary of Commerce, referred to in this section, was renamed the Secretary of Community and Economic Development by Act 58 of 1996.
Compiler's Note: Reorganization Plan No. 1 of 1982, P.L.1482, transferred the functions, powers and duties of the Department of Commerce with regard to the Navigation Commission for the Delaware River and its navigable tributaries to the Department of State and transferred the functions, powers and duties of the commission with regard to the regulation, review and approval of dams, water obstructions and encroachments to the Department of Environmental Resources.
Section 476. State Board of Auctioneer Examiners.--(476 repealed Dec. 22, 1983, P.L.327, No.85)
Section 476.1. State Board of Psychologist Examiners.--(476.1 repealed Apr. 25, 1986, P.L.89, No.33)
Section 476.2. State Board of Landscape Architects.--(476.2 repealed June 17, 1982, P.L.527, No.151)
Section 477. Definitions.--(477 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.1. Bureau of Victims' Services.--(477.1 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.1a. Expiration.--(477.1a repealed Nov. 17, 1995, 1st Sp.Sess., P.L.1093, No.27)
Section 477.2. Powers and Duties of Bureau.--(477.2 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.3. Persons Eligible for Compensation.--(477.3 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.4. Filing of Claims for Compensation.--(477.4 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.5. Minimum Allowable Claim.--(477.5 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.6. Determination of Claims.--(477.6 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.7. Judicial Review.--(477.7 repealed Nov. 24, 1998, P.L.882, No.111)
Compiler's Note: Section 502 of Act 164 of 1980 transferred the powers and duties of the Attorney General and/or the Department of Justice contained in section 477.7 to the Office of General Counsel.
Section 477.8. Emergency Awards.--(477.8 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.9. Awards.--(477.9 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.10. Manner of Payment.--(477.10 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.11. Confidentiality of Records.--(477.11 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.12. Subrogation.--(477.12 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.13. Restitution.--(477.13 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.14. Penalty.--(477.14 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.15. Costs.--(477.15 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.16. Effective Date.--(477.16 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.17. Responsibilities of State and Local Law Enforcement Agencies.--(477.17 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.18. Distribution of Moneys Received as a Result of the Commission of Crime.--(477.18 repealed May 3, 1995, 1st Sp.Sess., P.L.999, No.12 and Nov. 17, 1995, 1st Sp.Sess., P.L.1093, No.27)
Section 477.19. Responsibilities of Service Providers and Insurance Companies.--(477.19 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.20. Costs for Offender Supervision Programs.--(477.20 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.21. Victims' Services Advisory Committee.--(477.21 repealed Nov. 24, 1998, P.L.882, No.111)
Section 477.22. Powers and Duties of the Victims' Services Advisory Committee.--(477.22 repealed Nov. 24, 1998, P.L.882, No.111)
Section 478. Office for Procurement Information.--(478 repealed May 15, 1998, P.L.358, No.57)
Section 479. Legislative Intent.--(479 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.1. Definitions.--(479.1 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.2. Eligibility of Victims.--(479.2 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.3. Basic Bill of Rights for Victims.--(479.3 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.4. Establishment of Basic Services for Victims of Crime.--(479.4 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.5. Grant Program for Services.--(479.5 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.6. Responsibilities of Law Enforcement Agencies under Basic Bill of Rights.--(479.6 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.7. Responsibilities of Prosecutor's Office.--(479.7 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.8. Responsibilities of Department of Corrections, Local Correctional Facilities and Board.--(479.8 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.9. Responsibilities of Department of Public Welfare and Mental Health Institutions under Basic Bill of Rights.--(479.9 repealed Nov. 24, 1998, P.L.882, No.111)
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
Section 479.10. Responsibilities of Victims of Crime under Basic Bill of Rights.--(479.10 repealed Nov. 24, 1998, P.L.882, No.111)
Section 479.11. Effect on Legal Actions.--(479.11 repealed Nov. 24, 1998, P.L.882, No.111)
ARTICLE V
POWERS AND DUTIES IN GENERAL
Section 501. Coordination of Work.--The several administrative departments, and the several independent administrative and departmental administrative boards and commissions, shall devise a practical and working basis for cooperation and coordination of work, eliminating, duplicating, and overlapping of functions, and shall, so far as practical cooperate with each other in the use of employes, land, buildings, quarters, facilities, and equipment. The head of any administrative department, or any independent administrative or departmental administrative board or commission, may empower or require an employe of another such department, board, or commission, subject to the consent of the head of such department or of such board or commission, to perform any duty which he or it might require of the employes of his or its own department, board, or commission: Provided, however, That employes shall not be assigned to another department, board or commission in order to circumvent appropriation limits.
(501 amended Apr. 6, 1976, P.L.67, No.29)
Section 502. Cooperative Duties.--Whenever, in this act, power is vested in a department, board, or commission, to inspect, examine, secure data or information, or to procure assistance, from any other department, board, or commission, a duty is hereby imposed upon the department, board, or commission, upon which demand is made, to render such power effective.
Section 503. Departmental Administrative Boards and Commissions.--Except as otherwise provided in this act, departmental administrative bodies, boards, and commissions, within the several administrative departments, shall exercise their powers and perform their duties independently of the heads or any other officers of the respective administrative departments with which they are connected, but, in all matters involving the expenditure of money, all such departmental administrative boards and commissions shall be subject and responsible to the departments with which they are respectively connected. Such departments shall, in all cases, have the right to make such examinations of the books, records, and accounts of their respective departmental administrative boards and commissions, as may be necessary to enable them to pass upon the necessity and propriety of any expenditure or proposed expenditure.
Section 504. Departmental Reports.--The head of each administrative department and each independent administrative board and commission shall, not later than October first of each even-numbered year, report in writing to the Governor concerning the condition, management, and financial transactions, of the department, board, or commission; such reports shall, except where impracticable, be for the two-year period ending May thirty-first of the year in which they are made. Each departmental administrative board and commission, and each advisory board and commission, shall, not later than September first of each even-numbered year, report in writing to the head of the department of which such board or commission is a part. All such reports shall be attached as exhibits to the report made by the head of the department to the Governor.
Except as otherwise in this act specifically provided, the reports required by this section shall be in lieu of all other reports heretofore required by law to be made by the several administrative departments, boards, and commissions, either to the Governor or to the General Assembly.
Section 505. Departmental Seals.--Each administrative department, each independent administrative board and commission, shall, and any departmental administrative board or commission may, adopt and use an official seal.
(505 repealed in part Apr. 28, 1978, P.L.202, No.53)
Section 506. Rules and Regulations.--The heads of all administrative departments, the several independent administrative boards and commissions, the several departmental administrative boards and commissions, are hereby empowered to prescribe rules and regulations, not inconsistent with law, for the government of their respective departments, boards, or commissions, the conduct of their employes and clerks, the distribution and performance of their business, and the custody, use and preservation of the records, books, documents, and property pertaining thereto.
Section 507. Purchases.--It shall be unlawful for any administrative department, other than the Department of General Services, or for any independent administrative board or commission, or for any departmental administrative body, board or commission, or for any advisory board or commission, to purchase or contract for the purchase of any stationery, paper, printing, binding, ruling, lithographing, engraving, envelopes, or other printing or binding supplies, or any fuel, supplies, furniture, furnishings, or equipment, except (Par. amended Feb. 17, 1984, P.L.75, No.14)
(a) Any departments, boards, or commissions, which by law are authorized to purchase materials or supplies and pay for the same out of fees or other moneys collected by them, or out of the moneys appropriated to them by the General Assembly: Provided, That every such department, board, and commission, shall make its purchases through the Department of Property and Supplies, as purchasing agency, and all such purchases shall conform to the effective supplies contracts of the Department of Property and Supplies, unless in any case the Board of Commissioners of Public Grounds and Buildings shall specifically authorize a departure from such effective supplies contracts.
(b) Any department, board, or commission, having charge of a State institution, which may purchase perishable foodstuffs for such institution directly, and may purchase any article directly if it can, after competitive bidding, purchase the same, f.o.b. the institution, for a price less than the Department of Property and Supplies can furnish it f.o.b. the institution, but all articles purchased directly hereunder shall conform to the specification contained in the effective supply contracts of the Department of Property and Supplies, or, if the article be not included in the effective supply contracts, then to the standard specification, if any, adopted by the Department of Property and Supplies for the commodity purchased, unless the Board of Commissioners of Public Grounds and Buildings shall have specifically authorized a departure from such specification.
In all other cases, such departments, boards, or commissions shall make purchases through the Department of Property and Supplies, as purchasing agency, and all purchases made by the Department of Property and Supplies, as purchasing agency hereunder, shall conform to the specifications contained in the effective supply contracts of the department, or, if the article be not included in the effective supply contracts, then to the standard specifications, if any, adopted by the department for the commodity purchased, unless the Board of Commissioners of Public Grounds and Buildings shall specifically authorize a departure from such effective supply contracts or specifications, except that contracts for the purchase of steel for use in the manufacture of vehicle registration plates may be let on the basis of the market price thereof on date of delivery.
((b) amended June 12, 1951, P.L.516, No.133)
(c) Any department, board, or commission, which shall have been authorized in writing by the Department of Property and Supplies to make purchases in the field, not exceeding a specified amount, but records of all such purchases shall be transmitted periodically to the Department of Property and Supplies in such form as it may require. In so far as practicable, purchases under this paragraph shall be made from contractors having effective supplies contracts with the Department of Property and Supplies, and shall be in accordance with applicable specifications in such contracts, otherwise such purchases shall be made from the lowest of at least two bidders.
(d) As provided in section 2409.2, the State System of Higher Education or its member institutions which may purchase or contract for the purchase of any stationery, paper, printing, binding, ruling, lithographing, engraving, envelopes or other printing or binding supplies. ((d) added Feb. 17, 1984, P.L.75, No.14)
Whenever a state of war exists between the United States and any other nation or nations, and for a period of not longer than two years thereafter, and brings about commercial conditions which make it impossible, because of continually changing prices, to obtain contracts for the furnishing of commodities, supplies and equipment necessary for the proper functioning of the departments, boards or commissions, the Department of Property and Supplies is hereby empowered to purchase and to authorize, in writing, any department, board or commission to purchase, within reasonable limits, in any locality in the open market, at the lowest and most advantageous prices, commodities, supplies and equipment necessary for the proper operation of the State Government without advertising or inviting bids, when commercial conditions are such that make it impossible to secure competitive bids, until such time as the state of war shall cease and normal market conditions shall be restored.
(Par. amended July 5, 1947, P.L.1349, No.531)
Notwithstanding any of the foregoing provisions of this section, any department, board or commission may:
(1) Purchase repairs or repair parts for its equipment from the manufacturer of such equipment, or from the manufacturer's authorized dealer;
(2) Contract for utility services furnished by public utility companies, political subdivisions, authorities and electric cooperative corporations;
(3) Rent machinery and other equipment and devices;
(4) Employ professional or skilled labor, on a temporary basis, in instances where the Department of Property and Supplies does not have an applicable contract, but all such employment shall be approved by the Governor except in the case of a State institution, when it shall be approved by the head of the department having supervision over the institution;
(5) Subscribe to periodicals, magazines or newspapers, or purchase books, manuscripts, historical relics, antique furnishings for historical buildings, microfilms, film strips, recordings and educational and psychological tests available only from one source, or take memberships in independent organizations or societies having related functions, but all such memberships shall be approved by the Governor.
(Par. amended Apr. 19, 1961, P.L.93, No.41)
(507 amended June 21, 1937, P.L.1865, No.373)
Compiler's Note: Section 6(c) of Act 57 of 1998 provided that section 507 is repealed insofar as it is inconsistent with Act 57.
Compiler's Note: Section 2 of Act 678 of 1955 provided that section 507 is repealed insofar as it is inconsistent with section 2403.1 of Act 175.
Compiler's Note: Section 7 of Act 104 of 1937 provided that section 507 is repealed insofar as it relates to the Anatomical Board.
Section 508. Erection, Repairs, or Alterations of and Additions to Buildings.--(a) No administrative department, except the Department of General Services, and no administrative board or commission, shall, except as in this act otherwise specifically provided, erect or construct, or contract for the erection or construction of, any new building, or make, or contract for making, any alterations or additions to an existing building, involving an expenditure of more than twenty-five thousand dollars ($25,000), and, in any case in which any other department or any board or commission is by this act authorized to erect or construct buildings, or make alterations or additions involving an expenditure of less than twenty-five thousand dollars ($25,000), notice of such erection or construction shall be given to the Department of General Services and such erection or construction may be generally supervised by the Department of General Services.
(b) The Department of General Services shall receive at least once every two fiscal years, a survey of all buildings, equipment, land, improvements connected with and comprising each State institution. This survey shall be conducted by the various administrative departments, independent administrative boards and commissions and other State agencies under the Governor's jurisdiction. After making any survey, the administrative departments, independent administrative boards and commissions and other State agencies under the Governor's jurisdiction shall prepare a report, setting forth in detail the results of the survey, including the needs of such institution, with respect to the maintenance of, and repairs, improvements, alterations and additions to, its buildings, land and equipment. The administrative departments, independent administrative boards and commissions and other State agencies under the Governor's jurisdiction shall file a copy of such report with the Department of General Services who shall compile all the reports and submit the compilation to the Governor. Such reports shall be used, so far as practical, as a guide in formulating future budgetary requests for appropriations for the maintenance of, and repairs, improvements, alterations and additions to, the buildings, lands and equipment of State institutions.
(c) All plans and specifications for new buildings, and for alterations or additions to existing buildings, involving an expenditure of more than twenty-five thousand dollars ($25,000), shall be subject to the approval of the Department of General Services and, in addition thereto, shall also be subject to the approval of the department, board, or commission using or intending to use the building being erected or constructed, or to which an alteration or addition is being made, with respect to the type and general character of the proposed building, design of the floor lay-outs, medical equipment, or other equipment of a nature peculiar to the building, for which the plans and specifications are being prepared. In the case of buildings used by or for the use of departmental administrative boards or commissions, the plans and specifications shall also be approved, with respect to the above mentioned matters, by the department with which the board or commission is connected.
(d) Buildings may be erected or constructed, or alterations or additions made, wholly or partially by the labor of employes or inmates or patients of State institutions, if, in the judgment of the agency responsible for the management of such institutions, the work can be properly and safely done by such employes, inmates, or patients. In cases involving an expenditure of more than twenty five thousand dollars ($25,000), the Department of General Services, or such outside supervising engineer or engineering concern, as it may approve, shall have full and direct responsibility for the management of the work, and the department, board or commission using or intending to use the building shall have complete charge of such employes, inmates, or patients.
((e) repealed May 18, 1949, P.L.1450, No.427)
((f) repealed May 18, 1949, P.L.1450, No.427)
(g) Whenever any building or structure on any land owned by the Commonwealth shall become so obsolete and dilapidated as to make it impractical to repair the same, and shall be no longer of use to the Commonwealth, the Department of General Services, with the approval of the Governor, shall have power to demolish or authorize the demolition of such building or structure whenever requested to do so by the department, board, commission or agency having control or possession of such building or structure.
((h) repealed May 18, 1949, P.L.1450, No.427)
(508 amended July 22, 1975, P.L.75, No.45)
Compiler's Note: Section 5 of Act 59 of 1998 provided that section 508 is repealed to the extent it conflicts with the amendment of 51 Pa.C.S. § 1512 contained in section 2 of Act 59.
Compiler's Note: Section 6(c) of Act 57 of 1998 provided that section 508 is repealed insofar as it is inconsistent with Act 57.
Compiler's Note: Section 2 of Act 678 of 1955 provided that section 508 is repealed insofar as it is inconsistent with section 2403.1 of Act 175.
Section 509. Bonds and Insurance.--No administrative department, or independent administrative, departmental administrative, or advisory board or commission, shall contract for any bonds or insurance of any kind or description, except through the Department of Property and Supplies, as purchasing agency, except the Treasury Department, which may contract for insurance covering the securities of which it, or the State Treasurer, is custodian, as provided in the Fiscal Code.
Compiler's Note. Section 2(b) of Act 577 of 1955 provided that section 509 is repealed insofar as it authorizes the contracting of insurance for any department, board, agency, commission or authority of this Commonwealth through an insurance broker other than the Secretary of Property and Supplies.
Compiler's Note: Section 7 of Act 104 of 1937 provided that section 509 is repealed insofar as it relates to the Anatomical Board.
Section 510. Disposition of Unserviceable Personal Property; Surplus or Unserviceable Road, Bridge Materials or Equipment.--Whenever any furnishings, or other personal property of this Commonwealth, shall be no longer of service to the Commonwealth, it shall be the duty of the department, board, or commission, in whose possession such property shall be or come, to put such property into the custody of the Department of Property and Supplies: Provided, however, That in the case of any perishable property which is not in the city of Harrisburg, the department, board, or commission, having possession of the same, may sell it in such manner, and upon such terms, as the head of the department, or the board, or commission, may determine: And provided further, That any road or bridge materials or equipment that have been declared surplus or unserviceable by the Department of Highways shall be offered for sale to counties, cities, boroughs, incorporated towns and townships at the best available price by the Department of Property and Supplies. Written notification of the availability of such material and equipment shall be given to all counties, cities, boroughs, incorporated towns and townships in the highway district in which such material and equipment was last used. If more than one such political subdivision requests the same material or equipment, any sale shall be made to the political subdivision making the highest letter bid. No sale shall be consummated until after a minimum of fifteen (15) days from the date of mailing the notification. All such material and equipment shall be used by the procuring political subdivision upon roads, streets and bridges. All moneys received for such material shall be deposited in the Motor License Fund.
"Unserviceable property," as used in this section, shall not include products manufactured, grown, or raised, by any department, board, or commission, or by the inmates or patients of any State institution, or minerals, oil, gas, or other materials, taken from any property of the Commonwealth. It shall include only articles previously purchased by the Commonwealth, or any agency thereof, and paid for out of funds of or in the control of the Commonwealth.
(510 amended July 18, 1969, P.L.165, No.67)
Compiler's Note: Section 6(c) of Act 57 of 1998 provided that section 510 is repealed insofar as it is inconsistent with Act 57.
Section 511. Sale and Transfer of Surplus Products and Unneeded Purchased Supplies.--All departments, boards and commissions may sell, for the best price obtainable, but not less than the current market price for similar products, any surplus products of the soil, meats, livestock, timber, or other materials, raised or grown upon or taken from property of the Commonwealth administered by such departments, boards, or commissions, or their by-products, respectively. Transfers without payment, or by sale at current market price, may be made of such products or of unneeded purchased supplies by and between such departments, boards or commission.
As used in this section, "surplus" shall mean products, meats, livestock, timber, or other materials or their by-products, respectively, which cannot conveniently and economically be used in connection with the proper maintenance of the institution, park, or other property, administered by the department, board, or commission involved, but under no circumstances shall live trees be cut for sale unless and until the Department of Forests and Waters has approved the cutting of such trees, and no sales or transfers shall be made under this section by any departmental administrative board or commission without the approval of the department with which such board or commission is connected.
The proceeds of the sale of any products of the soil, meats, livestock, timber, or other materials, sold by any department, board, or commission, under the provisions of this section, whether publicly, or to another department, board, or commission, shall be paid into the State Treasury, through the Department of Revenue, and may be credited to the General Fund, appropriation of the department, board, or commission producing the products, unless the expenses of such department, board, or commission, are paid wholly or mainly out of a special fund, in which case, such proceeds shall be credited to the proper special fund and may be credited to the proper appropriation or allocation. To be effective the appropriation of such credits shall be specifically provided by the appropriation acts. Any questions arising hereunder shall be determined by the Governor, and his decision shall be certified to the Department of Revenue, and the Treasury Department.
Every department, board, or commission, which sells or transfers any product of the soil, meats, livestock, timber, or other materials, or unneeded purchased supplies, under the provisions of this section, shall keep an accurate record of the dates, quantities, and prices, of all sales or transfers, which records shall, at all times, be subject to audit by the Department of the Auditor General.
The Executive Board shall prescribe rules and regulations prescribing the manner in which transfers shall be made and may authorize credits to be granted to appropriation acts of departments when unneeded purchased supplies are transferred under the provisions of this section.
(511 amended May 13, 1949, P.L.1336, No.398)
Compiler's Note: Section 6(c) of Act 57 of 1998 provided that section 511 is repealed insofar as it is inconsistent with Act 57.
Section 512. Legal Advice and Services.--(512 repealed Oct. 15, 1980, P.L.950, No.164)
Section 513. Acceptance of Gifts or Donations.--Every administrative department, every independent administrative board and commission, and, with the approval of the department with which it is connected, every departmental administrative board or commission, may accept gifts or donations of money, securities, or other personal property, which, or the income of which, shall be used in conducting the work of such department, board, or commission, or for the benefit of the inmates or patients of any State institution administered by such department, board, or commission.
Except as otherwise in this act expressly provided, a department, board, or commission, shall not accept any gift of real estate, or of any interest in real estate, without specific authority from the General Assembly so to do.
(513 amended July 8, 1977, P.L.65, No.23)
Section 514. Sale of Real Estate and Grants of Rights of Way or Other Rights Over or in Real Estate; Tapping Water Lines of Institutions and Sanatoria.--(a) Except as otherwise in this act expressly provided, a department, board, or commission, shall not sell or exchange any real estate belonging to the Commonwealth, or grant any easement, right of way, or other interest over or in such real estate, without specific authority from the General Assembly so to do, but a department, board, or commission may, with the approval of the Governor, grant a license to any public service corporation to place upon, in, or over, any dry or submerged land or bridge of or maintained by the Commonwealth, any public service line, if such line will enable any State building or State institution to receive better service, or if such line is necessary for the service of the public and it is necessary or reasonably required to cross the Commonwealth's land to afford such service or if the running of such line over a bridge will be more economical than the erection of a separate bridge for the line. Every such license shall be revocable for reasonable cause upon six months' written notice by the Commonwealth, and also after like notice for violation of such proper terms and conditions as the department, board, or commission, with the approval of the Governor, shall prescribe when the license issues. Unless any such line is primarily for the benefit of a State building or State institution, the license shall provide for the payment to the Commonwealth of compensation for the use of its property in such amount as the department, board, or commission granting it shall, with the approval of the Governor, prescribe.
But nothing herein contained shall authorize the Commonwealth to impose and collect from any municipality or township any compensation for a license granted to such municipality or township for the running of a public service line over any such bridge.
This section shall be deemed the exclusive system for the granting of licenses, consents and permits to place public service lines upon, in or over any dry or submerged lands of the Commonwealth. In the case of submerged lands such licenses shall be granted only by the Department of Environmental Resources, and the permit shall prescribe such terms and conditions as shall be deemed necessary by the board to protect the interests of the public. In the case of dry lands, licenses shall be issued by the department, board or commission having the management of such lands.
((a) amended Dec. 3, 1970, P.L.834, No.275)
(b) Any department, board, or commission, having control over lands of the Commonwealth underlaid with veins of coal, may, with the approval of the Governor, exchange part of such coal for coal in place, owned by private interests, which may be necessary to insure lateral or surface support for any building, reservoir, or structure erected or to be erected on such lands of the Commonwealth: Provided, That the coal given by the department, board, or commission, to private interests, shall be approximately equivalent in value to the coal received in exchange therefor; every such department, board, or commission is hereby authorized and empowered to execute and deliver and to receive legal instruments and deeds necessary to effectuate any exchange authorized hereunder, which instruments and deeds shall have the prior approval of the Department of Justice, and a copy thereof shall be filed with the Department of Community Affairs. ((b) amended Dec. 18, 1968, P.L.1232, No.390)
(c) Any department, board, or commission, having control over any water supply serving any State institution or sanatorium, may, with the approval of the Governor, permit and authorize the public authorities of any political subdivision, to which no other source of supply is available, under suitable regulations, to tap the lines of any such water supply for the purpose of supplying water to the people of any community living in proximity to such institution or sanatorium, and may impose reasonable charges payable periodically by such political subdivision for the water so furnished. All moneys, received under the provisions of this clause, shall be paid into the State Treasury through the Department of Revenue.
(d) In the event that the facilities of any corporation heretofore created under the act, approved the twenty-ninth day of April, one thousand eight hundred seventy-four (Pamphlet Laws, seventy-three), section two, clause eleven, as amended by the act, approved the eighth day of May, one thousand eight hundred eighty-nine (Pamphlet Laws, one hundred thirty-six), are located by virtue of a permanent easement, right of way upon, across, over, under or along lands of the Commonwealth, which lands were acquired by it subject to such easement or right of way and in the interest of national defense, such corporation consents or is required to remove or dispose of such facilities and abandon such easement or right of way, any department, board or commission having control over such lands of the Commonwealth may, with the approval of the Governor, and upon the surrender to the Commonwealth of the easement or right of way pertaining to such facilities grant to such corporation a permanent easement or right of way upon, across, over, under or along other lands of the Commonwealth in the same locality. Every such department, board or commission is hereby authorized and empowered to execute and deliver and to receive deeds or other legal instruments necessary to effectuate such grant and surrender, which deeds or instruments shall have the prior approval of the Department of Justice, and a copy thereof shall be filed with the Department of Community Affairs. ((d) amended Dec. 18, 1968, P.L.1232, No.390)
(e) Subject to the approval of the Governor, any administrative department, board or commission may, in the interest of national defense, grant to the United States of America any easement, right of way or other interest over, on or in any real estate belonging to the Commonwealth upon such terms and conditions and for such periods of time as such department, board or commission may prescribe.
(514 amended July 21, 1941, P.L.429, No.174)
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs and not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 406 are transferred to the Department of Community and Economic Development.
Compiler's Note: The Department of Environmental Resources, referred to in subsec. (a), was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
Section 515. Automobiles.--All automobiles required for the proper conduct of the business of the several administrative departments, boards, and commissions, shall be purchased and maintained by or under the supervision of the Department of Property and Supplies, except that the Department of Highways may continue to maintain automobiles purchased for it by the Department of Property and Supplies as purchasing agency.
Section 516. Contracts.--No member or officer of any department of the government shall be in any way interested in any contract for furnishing stationery, printing paper, fuel, furniture, materials, or supplies, to the State Government, or for the printing, binding, and distributing of the laws, journals, department reports, or any other printing and binding, or for the repairing and furnishing the halls and rooms used for the meetings of the General Assembly and its committees.
Compiler's Note: Section 6(d) of Act 57 of 1998 provided that nothing in Act 57 shall repeal, modify or supplant section 516.
Section 517. Administering Oaths.--The head of every administrative department, all deputy heads of administrative departments, every member of an independent administrative or departmental administrative board or commission, the Commissioner of the Pennsylvania State police, every workmen's compensation referee, and such officers or employes of the several administrative departments, boards, or commissions, as the heads of such departments or such boards or commissions shall designate, shall have the power to administer oaths or affirmations anywhere in this Commonwealth, with regard to any matter or thing which may properly come before such department, board, commission, commissioner or referee, or any member of a board or commission, as the case may be.
(517 amended Apr. 28, 1943, P.L.94, No.52)
Section 518. Meetings of Boards and Commissions.--Every independent administrative board or commission, departmental administrative board or commission, and every advisory board or commission, shall meet upon the call of the chairman or president thereof, at such times and places as the chairman or president shall designate, and at such times and places as the board or commission may by rule designate.
(518 amended June 1, 1931, P.L.350, No.144)
Section 519. Geographic Names.--Every administrative department, board, or commission of the Commonwealth shall, in preparing or publishing maps, reports, or other documents showing or referring to any mountain, river, creek, or other topographic feature within the Commonwealth, designate such mountain, river, creek, or other topographic feature, by, and only by, such name as shall have been adopted therefor by the Pennsylvania Historical and Museum Commission.
(519 amended Dec. 3, 1970, P.L.834, No.275)
Section 520. Subpoenas.--Every administrative department, every independent administrative board and commission, every departmental administrative board and commission, every advisory board and commission, and the several workmen's compensation referees, shall have the power to issue subpoenas, requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before such department, board, commission, or officer, and to examine such witnesses, books, and papers.
Any witness, who refuses to obey a subpoena issued hereunder, or who refuses to be sworn or affirmed, or to testify, or who is guilty of any contempt after summons to appear, may be punished for contempt of court, and, for this purpose, an application may be made to any court of common pleas within whose territorial jurisdiction the offense was committed, for which purpose, such court is hereby given jurisdiction.
Section 521. Publications.--No department, board, or commission shall publish or distribute any publication, map, or document to the public, except through the Department of General Services, unless the Department of General Services shall have consented to the direct publication or distribution of such publication, map, or document, by such other department, or by such board or commission. The State System of Higher Education and its member institutions shall be authorized to publish or distribute publications, maps or documents to the public, but this authority shall be limited to those publications, maps or documents directly related to the recruitment of students, maintenance of alumni relations and the informational requirements of students in selecting or scheduling courses or regarding academic requirements and other information directly related to a student's academic program or housing needs. The State System of Higher Education shall be further authorized to publish or distribute publications or documents to the public which convey information regarding educational programs or profiles of the system and its member institutions.
(521 amended Feb. 17, 1984, P.L.75, No.14)
Section 522. Wage Specifications in Contracts for Public Works.--The specifications upon which contracts are entered into by the Commonwealth for the construction, alteration, or repair of any public work shall, as far as possible, contain the minimum wage or wages which may be paid by the contractor or his subcontractors for the work performed by laborers and mechanics employed in such public work, and such laborers or mechanics shall be paid not less than such minimum wage or wages, and shall not be required to refund, directly or indirectly, any part of such wage or wages. The contractor shall certify that he is not receiving or requiring, or will not receive or require, directly or indirectly, from any employe any refund of any such minimum wage or wages.
Every contract entered into upon such specifications shall stipulate a penalty of an amount equal to twice the difference between the minimum wage contained in said specifications and the wage actually paid to each such laborer or mechanic for each day during which he has been employed at a wage less than that prescribed in said specifications. Every officer or person designated as inspector of the work to be performed under any such contract, or to aid in the enforcing of the fulfillment thereof, shall, upon observation or investigation, report to the department, board, or commission which made the contract award, all violations of minimum wage stipulations, together with the name of each laborer or mechanic who has been paid less than that prescribed by the specifications, and the day or days of such violation. All such penalties shall be withheld and deducted, for the use of the Commonwealth, from any moneys due the contractor, by the officer or person whose duty it shall be to authorize the payment of moneys due such contractor, whether the violation of the minimum wage stipulation of the specifications is by the contractor or by any of his subcontractors.
(522 amended May 11, 1949, P.L.1199, No.353)
Section 523. Reciprocal Limitations upon the Purchase of Supplies and Materials.--(523 repealed Nov. 28, 1986, P.L.1465, No.146)
Section 524. Disposition of Useless Records.--Except as otherwise provided by law, whenever any administrative department, board or commission shall have an accumulation of files of correspondence, reports, records or other papers, which are not needed or useful in the transaction of the current or anticipated future work of such department, board or commission, and which date back a period of four years and more, it shall be the duty of the head of such department, board or commission to submit to the Executive Board and to the Pennsylvania Historical and Museum Commission a report of that fact, accompanied by a concise statement of the condition, quantity, and character of such papers, which statement shall be sufficiently detailed to identify the papers. If the Executive Board shall be of the opinion that such files of correspondence, reports, records or other papers, or any part thereof, are not needed or useful in the transaction of the current or anticipated future work of such department, board or commission, and shall so certify and if the Pennsylvania Historical and Museum Commission shall be of the opinion that such files are not of permanent value or historic interest and shall so certify, the head of such department, board or commission shall place such files, or any part thereof, as the case may be, in the custody of the Department of Property and Supplies, and such department is hereby authorized to dispose of the same as waste paper, in the manner prescribed in this act for the sale of unserviceable property: Provided, however, That the Executive Board, with the approval of the Pennsylvania Historical and Museum Commission, may direct that any such files of correspondence, reports, records or other papers, or any part thereof, that are of permanent value or historical interest be turned over to the Pennsylvania Historical and Museum Commission for preservation for historical and archival purposes or that the Pennsylvania Historical and Museum Commission may negotiate with the head of such department, board or commission for the transfer of such files.
(524 amended June 14, 1947, P.L.604, No.260)
Section 525. Microfilming Records.--Any administrative department, board or commission may, with the approval of the Executive Board, have microfilm records made of any correspondence, records or other papers for the purpose of protecting and safeguarding the original correspondence, records or other papers, or for the purpose of conserving filing space, and such microfilm reproduction shall, when properly identified, be admitted in evidence in any proceedings in place of the original correspondence, records or other papers. In any case where original correspondence, records or other papers are microfilmed under the provisions of this section for the purpose of conserving filing space, the administrative department, board or commission concerned, may, with the approval of the Executive Board, destroy such original correspondence, records or other papers.
The provisions of this section expressly include, but are not limited to, any returns, reports, claims or other papers pertaining to the administration, settlement, payment or collection of taxes, license fees, and other moneys or property due the Commonwealth or rebates payable. Microfilm reproductions of such papers shall be admitted into evidence in any proceedings in place of the original papers in accordance with the "Uniform Photographic Copies of Business and Public Records as Evidence Act." (Par. added Nov. 26, 1978, P.L.1418, No.334 and repealed in part Oct. 5, 1980, P.L.693, No.142)
(525 amended May 7, 1943, P.L.243, No.112)
Compiler's Note: The "Uniform Photographic Copies of Business and Public Records as Evidence Act" cited in the second paragraph is now located at 42 Pa.C.S. § 6109 (relating to photographic copies of business and public records).
Section 526. Aircraft for Official Use.--(526 repealed Oct. 10, 1984, P.L.837, No.164)
Section 527. Filing and Record Systems.--The Governor shall, from time to time, cause studies to be made of the accumulations of files of correspondence, reports, records and other papers in possession of departments, boards and commissions, and may direct said departments, boards or commissions to comply with the provisions of sections 524 and 525 of this act. The requisitions, warrants, cancelled checks, books, records, correspondence and files of the Department of the Auditor General and the Treasury Department, which date back a period of four years or more, shall be expressly covered by the provisions of this section.
(527 amended Dec. 18, 1968, P.L.1232, No.390)
Section 528. Cotton Fabrics.--All cotton fabrics or other fabrics or material used in State institutions, which involves the threat of fire, shall be treated, processed or used so as to lessen danger from fire, smoke or panic in accordance with regulations of the Department of Labor and Industry.
(528 amended June 30, 1988, P.L.475, No.80)
Section 529. Medical Insurance Coverage For Survivor-Spouses of Annuitants.--(a) A survivor-spouse of an annuitant under the State Employees' Retirement System who had elected to convert medical, major medical and hospitalization insurance coverage shall have the option to continue such insurance coverage. The State Employees' Retirement System shall notify prospectively the appropriate State agency administering that annuitant's group health insurance program. A previously covered survivor-spouse of an annuitant who died before October 14, 1991, must notify the State Employees' Retirement System of potential eligibility. The survivor-spouse must submit satisfactory documentation supporting the claim of eligibility to the appropriate State agency administering that annuitant's group health insurance program. The State agency or fund administering that annuitant's group health insurance program must send an election form to the eligible survivor-spouse within thirty (30) days of notification that the annuitant died. The State Employees' Retirement System, upon receipt of the election by the survivor-spouse of the annuitant to continue such insurance coverage, shall notify the insurance carrier of the election and deduct the appropriate charges in equal monthly installments. Such deductions shall be transmitted to the designated fiscal officer of the Commonwealth having jurisdiction over the payment of such group charges on behalf of the annuitant or the survivor-spouse. This section shall apply to all survivor-spouses of annuitants regardless of when they attain such status. An eligible survivor-spouse who does not return the election form to the State Employees' Retirement System or the appropriate State agency administering the annuitant's group health insurance program within thirty (30) days shall have a coverage effective date of the first day of the month subsequent to the receipt of the election form.
(b) In the event that the monthly annuity of the survivor-spouse of the annuitant is less than the amount needed or such person receives no survivor annuity to cover the applicable monthly installment payments, the Commonwealth's fiscal officer shall identify the total difference between these amounts and shall notify the survivor-spouse of the annuitant of the deficiency. Within thirty (30) days of this notification, the survivor-spouse of the annuitant shall make a payment to the Commonwealth's fiscal officer in an amount sufficient to cover the deficiency for the period mandated by the State agency administering the annuitant's group health insurance program, which period shall not exceed three (3) months. If payment is not received by the Commonwealth's fiscal officer within the specified time period, the eligibility for State insurance coverage for the survivor-spouse of the annuitant shall be forfeited. Upon forfeiture, the Commonwealth's fiscal officer shall notify both the insurance carrier and the State Employees' Retirement Board.
(c) If the survivor-spouse of the annuitant elects to continue insurance coverage and makes the installment payment or deficiency payment, or both, insurance coverage will continue in force with the Commonwealth's fiscal officer determining rate adjustments annually and any required deficiency amount . The Commonwealth's fiscal officer shall notify the survivor-spouse of the annuitant of the amount required to assure continued coverage. This notification shall take place at least thirty (30) days prior to the date of the proposed rate change.
(529 amended Dec. 18, 1992, P.L.1661, No.183)
Compiler's Note: Section 16 of Act 35 of 1991, which added section 529, provided that section 529 shall apply to all survivor-spouses of annuitants who attain such status subsequent to the effective date of the addition of section 529.
Section 530. Aviation Restricted Account.--(a) This section regulates the special account established in 74 Pa.C.S. § 5103 (relating to Aviation Restricted Account).
(b) The revenue from the following sources shall be deposited in the Aviation Restricted Account:
(1) Proceeds of all excise taxes upon the use of fuel in aircraft engines.
(2) The cost of the use of Department of Transportation aircraft by Commonwealth agencies and the General Assembly, charged pursuant to 74 Pa.C.S. § 5302 (relating to aircraft for official use).
(3) Money collected under 74 Pa.C.S. §§ 5703 (relating to disposition of fines, fees and forfeitures) and 5901 (relating to Harrisburg International Airport).
(4) Proceeds from the sale of State-owned airports or property thereon.
(5) Proceeds from rents, fees and other moneys derived from any source under 74 Pa.C.S. § 5903 (relating to authority of department).
(6) All interest earned on money in the account.
(c) The money from time to time in the account, after providing for the cost of administration and collection of the excise tax upon the use of fuel in aircraft or aircraft engines, shall be appropriated by the General Assembly to the department or political subdivisions for use in the following manner:
(1) The portion of the account derived from the tax on fuel sold for use in propeller-driven piston aircraft or aircraft engines as provided for in the act of May 21, 1931 (P.L.149, No.105), known as "The Liquid Fuels Tax Act," and the act of January 14, 1952 (1951 P.L.1965, No.550), known as the "Fuel Use Tax Act," and all the money collected under 74 Pa.C.S. § 6121 (relating to tax on aviation fuels) shall be reserved solely for local real estate tax reimbursements for public airports, for costs of administering the program as provided for in 74 Pa.C.S. § 6122(e) (relating to allocation of funds) and for payment of obligations incurred for such purposes. This portion of the account shall be maintained by the State Treasurer and shall be administered by the department. On or before February 1 of each year, the State Treasurer shall notify the department of the money collected and deposited in that portion of the account reserved solely for local real estate tax reimbursements for the preceding calendar year. The notification shall include any money gained through the State Treasurer's investment of revenue.
(2) The portion of the account derived from the tax on fuel sold for use in turbine-propelled jet, turbojet and jet-driven aircraft and aircraft engines as provided for in "The Liquid Fuels Tax Act" and the "Fuel Use Tax Act" and all the money collected pursuant to 74 Pa.C.S. § 6131 (relating to tax on jet fuels) shall be appropriated to fund the continuation of existing aviation programs, including aviation development grants; a runway marking program for public airports; administration, operation and maintenance of all State-owned airports, other than Harrisburg International Airport; payment of debt service for improvements on State-owned airports, including improvements at Harrisburg International Airport authorized prior to July 1, 1984; matching fund programs for public airports as determined by the Statewide regional apportionment formula; and the operations of the Bureau of Aviation. The sum allotted for bureau operations shall not exceed the amount of aviation development grants.
(3) The balance of the account may be used for the purchase, construction, reconstruction, operation and maintenance of State-owned airports, including Harrisburg International Airport; the operation, maintenance and other costs of aircraft owned or leased by the Commonwealth; and any other purpose reasonably related to air navigation. The money in the account shall not be diverted by transfer or otherwise to any other purpose.
(530 added July 11, 1996, P.L.619, No.105)
ARTICLE V-A
OFFICE OF STATE INSPECTOR GENERAL
(Art. added July 20, 2017, P.L.328, No.29)
Compiler's Note: See section 2 of Act 29 of 2017 in the appendix to this act for special provisions relating to legislative findings and declarations and activities initiated by the Office of Inspector General.
Section 501-A. Definitions.
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Executive agency." As defined in section 102 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
"Office." The Office of State Inspector General.
(501-A added July 20, 2017, P.L.328, No.29)
Section 502-A. Office of State Inspector General.
(a) Establishment.--The Office of State Inspector General is established.
(b) Appointment.--Within 90 days of the effective date of this section, the Governor shall appoint a State Inspector General who shall serve concurrent with the Governor's term of office. Compensation shall be set by the Executive Board established under section 204.
(c) Qualifications.--The State Inspector General shall be selected without regard to political affiliation on the basis of integrity, capability for strong leadership and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation or criminal justice administration or other appropriate fields.
(d) Limitation.--The State Inspector General may not seek election to a political office during his or her tenure as State Inspector General.
(e) Removal.--The State Inspector General may be removed by the Governor, including for cause.
(502-A added July 20, 2017, P.L.328, No.29)
Section 503-A. Powers, purpose and duties.
(a) Powers.--The State Inspector General shall have the power to:
(1) Make an investigation and report relating to the administration of a program and operation of an executive agency that the State Inspector General determines is necessary. If the State Inspector General determines that a report should be issued, the State Inspector General may consult with the Office of General Counsel or the Attorney General before issuing the report to insure against an adverse impact on a grand jury proceeding or prosecution being conducted by a law enforcement agency.
(2) Request information or assistance necessary for carrying out the duties and responsibilities under this article from the Federal Government, an executive agency or a local government agency or a unit of a Federal, State or local government agency.
(3) Require and obtain, by written notice from an officer and employee of an executive agency, information, documents, reports, answers, records, accounts, papers and other necessary data and documentary evidence.
(4) Have direct and prompt access to the heads of executive agencies if necessary for a purpose pertaining to the performance of functions and responsibilities under this article.
(5) Select, appoint and employ individuals necessary for carrying out the functions, powers and duties of the office. The employees shall be employed in accordance with current procedures of the Office of Administration and may be assigned by the State Inspector General to a designated executive agency.
(b) Purpose.--The purpose of the Office of State Inspector General is as follows:
(1) To deter, detect, prevent and eradicate fraud, waste, misconduct and abuse in a program, operation and contracting of an executive agency.
(2) To keep the head of an executive agency and the Governor fully informed about a problem and deficiency relating to the operation or administration of a program or contracts entered into by an executive agency.
(3) To provide leadership, coordination and control over satellite Inspector General Offices in a designated executive agency to ensure a coordinated and efficient administration of duties and use of staff. The existing Office of Inspector General in the Department of Transportation shall continue as a satellite Inspector General Office. Each satellite Inspector General Office in an executive agency shall report to and follow the direction of the State Inspector General.
(c) Duties.--The State Inspector General shall:
(1) Inspect, evaluate, investigate and review the activities, records and individuals with contracts, procurements, grants, agreements and other financial arrangements undertaken by an executive agency for the purposes of identifying fraud, waste, misconduct or abuse. This paragraph shall include all contracts entered into by the Pennsylvania Statewide Radio Network after June 30, 1996. ((1) amended June 28, 2019, P.L.101, No.15)
(2) Conduct civil and administrative investigations of a program or operation of an executive agency.
(3) Make referrals to the Auditor General for the audit of the economy, efficiency and effectiveness of an executive agency's operations and functions and conduct reviews of the executive agency's compliance with the performance measurement system.
(4) Review the reliability and validity of the information provided by an executive agency's performance measures and standards.
(5) Provide information and evidence that relates to criminal acts discovered during the course of an investigation into an executive agency to appropriate law enforcement officials.
(6) Receive and investigate complaints from a source or upon the State Inspector General's own initiative concerning alleged abuses, frauds and service deficiencies, including deficiencies in the operation and maintenance of an executive agency facility.
(7) Engage in prevention activities, including, but not limited to, review of legislation, rules, regulations, policies, procedures and transactions, training and education.
(8) Refer matters for further civil, criminal and administrative action to appropriate administrative and prosecutorial agencies.
(9) Conduct joint investigations and projects with other oversight or law enforcement agencies that are consistent with the powers and duties contained under this article.
(10) Recommend remedial actions to be taken by an executive agency to overcome or correct operating or maintenance deficiencies and inefficiencies that were identified by the State Inspector General.
(11) Issue public reports.
(12) Maintain information regarding the cost of investigations and cooperate with appropriate administrative and prosecutorial agencies in recovering the costs from nongovernmental entities involved in willful misconduct.
(12.1) No later than May 1, 2023, provide a report to the General Assembly regarding the ability of the office to investigate instances of actual or attempted fraud, theft, abuse, falsification of records, illicit payment and identity theft associated with the unemployment compensation program established under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, including supplemental or extended unemployment compensation benefits programs administered by the Department of Labor and Industry under section 608 of the Unemployment Compensation Law. The report shall be done in consultation with the Department of Labor and Industry and shall include:
(i) The estimated number of agents necessary to conduct investigations.
(ii) The estimated cost for personnel, equipment and other operational needs related to investigations.
(iii) The amount of time necessary to hire and train investigators.
(iv) How cases would be coordinated with the Internal Audits Division within the Department of Labor and Industry and with other Federal and State law enforcement agencies investigating fraud within the unemployment compensation program.
(v) Any Federal or State laws, regulations or guidance that may inhibit the ability to conduct investigations.
(vi) An estimate of the amount of fraudulent payments made in unemployment compensation programs in this Commonwealth from March 1, 2020, through September 30, 2022, including the amount of fraudulent payments recovered up to the date of the report's submission.
((12.1) added Nov. 3, 2022, P.L.2048, No.141)
(12.2) Provide the report under paragraph (12.1) to:
(i) The President Pro Tempore of the Senate.
(ii) The Speaker of the House of Representatives.
(iii) The Majority Leader of the Senate.
(iv) The Minority Leader of the Senate.
(v) The Majority Leader of the House of Representatives.
(vi) The Minority Leader of the House of Representatives.
(vii) The chairperson and minority chairperson of the Appropriations Committee of the Senate.
(viii) The chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.
(ix) The chairperson and minority chairperson of the Labor and Industry Committee of the Senate.
(x) The chairperson and minority chairperson of the Labor and Industry Committee of the House of Representatives.
((12.2) added Nov. 3, 2022, P.L.2048, No.141)
(13) Perform other functions necessary to effectuate this article.
(503-A added July 20, 2017, P.L.328, No.29)
Compiler's Note: See sections 10 and 13 of Act 15 of 2019 in the appendix to this act for special provisions relating to legislative findings and declarations, applicability and effective date.
Section 504-A. Request for information.
(a) Duty.--Upon request of the State Inspector General for information or assistance, an executive agency must within 10 days furnish the information and assistance to the State Inspector General or an authorized designee.
(b) Report.--If information or assistance requested under subsection (a) is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency and the Office of General Counsel for appropriate action.
(504-A added July 20, 2017, P.L.328, No.29)
Section 505-A. Subpoenas and witness fees.
(a) Authorization.--In accordance with the powers under section 503-A(a) and duties under section 503-A(c), the State Inspector General may issue a subpoena relating to any matter pertinent to an examination to a person under the State Inspector General's jurisdiction or to an individual or a person receiving services from or through an executive agency. If a person fails or refuses to obey a subpoena, the State Inspector General may petition a court of competent jurisdiction to enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court.
(b) Form and effect.--A subpoena under subsection (a) shall be in substantially the same form and have the same force and effect as a subpoena issued by a court of common pleas. The State Inspector General shall have the benefit of the process of the appropriate court of common pleas if necessary to enforce a subpoena.
(c) Confidentiality.--A subpoena issued under this section must clearly indicate on the face of the subpoena that the subpoena is issued in connection with a confidential proceeding and a breach of confidentiality by the person subpoenaed may result in a civil penalty or misdemeanor.
(d) Fees.--Witnesses subpoenaed under this section shall be compensated under 42 Pa.C.S. § 5903 (relating to compensation and expenses of witnesses).
(505-A added July 20, 2017, P.L.328, No.29)
Section 506-A. Criminal charges.
Notwithstanding any other provision of law, the State Inspector General shall have the power to investigate and may file criminal charges for a violation of any of the following:
(1) Section 481 of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
(2) Section 1408 of the Human Services Code.
(3) The following provisions of 18 Pa.C.S. (relating to crimes and offenses) which are substantially related to the administration of benefits by the Department of Human Services:
(i) Section 3921 (relating to theft by unlawful taking or disposition).
(ii) Section 3922 (relating to theft by deception).
(iii) Section 4101 (relating to forgery).
(iv) Section 4104 (relating to tampering with records or identification).
(v) Section 4106 (relating to access device fraud).
(vi) Section 4107 (relating to deceptive or fraudulent business practices).
(vii) Section 4120 (relating to identity theft).
(viii) Section 4914 (relating to false identification to law enforcement authorities).
(ix) Section 7313 (relating to buying or exchanging Federal Supplemental Nutrition Assistance Program (SNAP) benefit coupons, stamps, authorization cards or access devices).
(x) Section 7314 (relating to fraudulent traffic in Supplemental Nutrition Assistance Program (SNAP) benefits).
(4) (Deleted by amendment).
(506-A amended June 28, 2019, P.L.101, No.15)
Compiler's Note: See section 13 of Act 15 of 2019 in the appendix to this act for special provisions relating to legislative findings and declarations and effective date.
Section 507-A. Complaint, disclosure and reprisal.
(a) Complaint.--The State Inspector General may receive and investigate a complaint or information concerning the possible existence of an activity in an executive agency constituting any of the following:
(1) A violation of a law, rule or regulation.
(2) Mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance and nonfeasance.
(3) A substantial and specific danger to the public health and safety.
(b) Disclosure.--No person may take or threaten to take action against an employee as a reprisal for making a complaint or disclosing information to the State Inspector General, except if the complaint was made or the information was disclosed with the knowledge that the complaint or information was false or with willful disregard for the truth or falsity of the complaint or information.
(c) Protection.--The protections in this article for employees who report, in good faith, fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance or abuse shall be in addition and supplementary to each protection provided by the act of December 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law.
(507-A added July 20, 2017, P.L.328, No.29)
Section 508-A. Appropriation.
The appropriation for the office shall be in a separate line item and shall be under the jurisdiction of the State Inspector General.
(508-A added July 20, 2017, P.L.328, No.29)
Section 509-A. Report to General Assembly.
By December 31 of each year, the State Inspector General shall issue an annual report to the Senate and the House of Representatives. The annual report shall include, at a minimum, the following:
(1) Information relating to investigations undertaken by the office, including the number of cases investigated, categorized by type, with a specific section detailing investigations conducted within the Department of Human Services.
(2) An accounting of taxpayer money that was recovered as a result of the work of the office.
(3) The monetary value that resulted from fraud prevention activities as a result of the work of the office.
(4) Summaries of performance of each bureau within the office.
(5) Specific recommendations concerning the improvement of any State program to further reduce waste, fraud and abuse.
(509-A added July 20, 2017, P.L.328, No.29)
ARTICLE V-B
PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY
(Art. repealed July 11, 2022, P.L.738, No.65)
Section 501-B. Flood Plain Management. (501-B repealed July 11, 2022, P.L.738, No.65)
ARTICLE VI
COMMONWEALTH BUDGET PROCEDURES
(Hdg. amended Sept. 27, 1978, P.L.775, No.149)
Section 601. Scope of article.--(a) This article applies to all legislative and executive actions related to the enactment and implementation of legislation under sections 13 and 14 of Article VIII of the Constitution of Pennsylvania.
(b) Subsection (a) includes the determination of a surplus under this article and Subarticle A of Article XVII-A of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."
(601 added Nov. 1, 2023, P.L.154, No.22)
Section 602. Definitions.--The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Surplus." A fiscal operating result which occurs in a fund at the end of a fiscal year, whereby expenditures, including tax refunds, are less than the fund's beginning balance, revenues and receipts and lapses during the same period.
(602 added Nov. 1, 2023, P.L.154, No.22)
Compiler's Note: See section 2.1 of Act 22 of 2023 in the appendix to this act for special provisions relating to findings and declarations.
Section 603. List of Employes to Be Furnished to Certain State Officers.--(603 repealed Sept. 27, 1978, P.L.775, No.149)
Section 604. Estimates of Current Expenditures by Departments, Boards, and Commissions.--(604 repealed Sept. 27, 1978, P.L.775, No.149)
Section 605. Estimates of Current Expenditures by Departments of Elective Officers.--(605 repealed Sept. 27, 1978, P.L.775, No.149)
Section 606. Departmental Administrative Bodies, Boards, and Commissions.--(606 repealed Sept. 27, 1978, P.L.775, No.149)
Section 607. Fiscal Year.--(607 repealed Feb. 8, 1961, P.L.3, No.1)
Section 608. Fiscal Period.--(608 repealed Sept. 27, 1978, P.L.775, No.149)
Section 609. Office of the Budget.--(a) The Office of the Budget is hereby established as an administrative agency within the Governor's Office. The Office of the Budget shall continue to exercise the powers and perform the duties vested in and imposed upon the Secretary of the Budget and shall be centrally concerned with the development of the budget request of the Governor and with the decisions necessary to allocate revenues among the various Commonwealth programs.
(b) The Governor shall appoint a Secretary of the Budget to serve during the pleasure of the Governor.
(c) The annual salary of the Secretary of the Budget shall be forty-four thousand dollars ($44,000) or at such higher level as is established by the Governor with the approval of the Executive Board.
(609 added Sept. 27, 1978, P.L.775, No.149)
Compiler's Note: Section 5 of Act 149 of 1978 provided for the transfer of the powers, duties, personnel, equipment, documents and appropriations from the Bureau of Financial Management under the Secretary of Administration to the Office of the Budget under the Secretary of the Budget.
Section 610. Preparation of Budget.--(a) The Secretary of the Budget shall, in each year obtain and prepare financial and program information necessary for the preparation of a State budget for the budget year beginning July 1 and for the preparation of financial and program projections for the budget year and for four succeeding years. He shall, not later than August 15 of such year distribute to the Governor, to the Lieutenant Governor, to the Auditor General, to the State Treasurer, to the Attorney General, to each administrative department, to each independent administrative board and commission, to the Chief Clerk of the Senate, to the Chief Clerk of the House of Representatives, to the State court administrator, and to all institutions or other agencies which desire State appropriations to be made to them, the proper instructions and blanks necessary to the preparation of the budget requests with a notice that such blanks shall be returned with the information desired, not later than November 1 of the same year. Such blanks shall be in such form as shall be prescribed by the secretary, to procure any or all information pertaining to the purposes of all programs to be funded in the budget, the revenues, expenditures, program activities and accomplishments for the preceding fiscal year, for the current fiscal year, and for the budget year and for four succeeding years, the appropriations made for the preceding fiscal year, the expenditures therefrom, encumbrances thereon, the amount unencumbered and unexpended, an itemized estimate of the revenues and expenditures of the current fiscal year, for the budget year and succeeding years, and an estimate of the revenue amounts needed and program activity and accomplishment levels for the respective departments, boards, commissions, for expenses of the General Assembly, for the Judicial Department, and for any and all institutions, or other agencies to which appropriations are likely to be made by the General Assembly for the budget year and ensuing years. Such blanks shall also require the person returning them to accompany them with a statement in writing, giving the purposes of each program to be funded, the expected levels of activity of the programs, the expected levels of accomplishments and the measures to be used to determine to what extent the programs have achieved the stated purposes. In addition such blanks shall require the person returning them to accompany them with a statement in writing giving the facts, and an explanation of the methods and reasons for arriving at the estimates of receipts and expenditures for the budget year and for four succeeding years. It shall be the duty of each administrative department, and each independent administrative board and commission to comply, not later than November 1, with any and all requests made by the Secretary of the Budget in connection with the budget.
(b) The Secretary of the Budget may, under the direction of the Governor, make further inquiries and investigations as to the financial needs, expenditures, estimates of levels of program activities and accomplishments, or revenues, of any department, board, commission, authority, political subdivision, institution or other agency receiving money from the State Treasury. The Governor may, after giving to each department, board or commission an opportunity to be heard, approve, disapprove or alter the budget requests. The Secretary of the Budget shall, on or before January 1 next succeeding, submit to the Governor, in writing, the above information, and any additional requested by the Governor, as the basis for the Governor's requests for appropriations for the next succeeding year.
(610 added Sept. 27, 1978, P.L.775, No.149)
Section 611. Program Evaluation.--The Secretary of the Budget shall have the power and it shall be his duty to initiate and conduct, under the direction of the Governor, evaluations of the effectiveness and management efficiency of programs supported by any agency under the Governor's jurisdiction; including Federally funded as well as State funded programs, and to direct, coordinate, assist and/or advise any agency under the Governor's jurisdiction in the conduct of evaluations of its programs or of programs which it supports. It shall also be the duty of the Secretary of the Budget to prepare reports detailing the results of program evaluation conducted by the secretary for distribution to the Governor, the General Assembly, interested agencies, and the public.
(611 added Sept. 27, 1978, P.L.775, No.149)
Section 612. Fiscal Notes.--The Office of the Budget shall prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions, or authorities, receiving money from the State Treasury. The fiscal note shall state whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs to the Commonwealth or its political subdivisions. Any such regulatory action or administrative procedure which requires a fiscal note shall be published in the Pennsylvania Bulletin. The fiscal note shall be published in the Pennsylvania Bulletin at the same time the proposed change is advertised. The fiscal note shall provide the following information:
(1) The designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made.
(2) The probable cost for the fiscal year the program is implemented.
(3) A projected cost estimate of the program for each of the five succeeding fiscal years.
(4) The fiscal history of the program for which expenditures are to be made.
(5) The probable loss of revenue for the fiscal year of its implementation.
(6) A projected loss of revenue from the program for each of the five succeeding fiscal years.
(7) The line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures.
(8) The recommendation, if any, of the Secretary of the Budget and the reasons therefor.
(612 added Sept. 27, 1978, P.L.775, No.149)
Section 613. Submission of Budget to General Assembly.--(a) As soon as possible after the organization of the General Assembly, but not later than the first full week in February of each year, except in the case where a Governor has been elected for his first term of office and then no later than the first full week in March, the Governor shall submit to the General Assembly copies of original agency budget requests and all subsequent revised agency budget requests and a State budget and program and financial plan embracing:
(1) A balanced operating budget for the ensuing fiscal year setting forth in detail:
(i) The amounts recommended by him to be appropriated to the General Assembly, the Judicial Department, the Governor, and the several administrative departments, boards, and commissions of the State Government, and to institutions within the State, and for all public purposes, classified by department or agency and by program.
(ii) The estimated revenues or receipts from any and all sources, and an estimated amount to be raised by taxation or otherwise, including proposals for new revenues and receipts.
(2) A capital budget for the ensuing fiscal year setting forth capital projects to be financed from the proceeds of obligations of the Commonwealth or of its agencies or authorities or from operating funds.
(3) A program and financial plan for not less than the prior fiscal year, the current fiscal year, this budget year and the four succeeding fiscal years, which plan shall include for each such fiscal year:
(i) Actual or estimated operating expenditures classified by department or agency and by program, in reasonable detail, and actual or estimated revenue by major categories from existing and additional sources.
(ii) Clearly stated purposes of each program in terms of desired accomplishments.
(iii) Measures used to determine to what extent such program has achieved its stated purposes.
(iv) Actual or estimated levels of accomplishment for each program and actual or estimated levels of program activities and their associated costs.
(v) Clearly stated purposes for each recommended new or revised program, measures to be used to determine whether each new or revised program has achieved its purpose, estimated levels of additional or new accomplishment of each new or revised program, estimated levels of additional activities for each such program, and their associated costs.
(vi) When the Secretary of the Budget identifies a new or expanded program by criteria used in the budget instructions, the new or expanded program shall be displayed and justified as a separate item in the Governor's budget request. A new program shall not be considered to be enacted by the General Assembly in its first year unless it is specifically referred to or displayed as a line item in an appropriation bill.
(4) The budget shall list as a single, separate line item for each administrative department, board, and commission the amount which the Governor recommends to be appropriated for the ensuing fiscal year for public relations. For the purposes of this clause, "public relations" shall include the preparation, presentation and distribution of advertising, publications, radio tapes, television films and tapes, and media releases. The separate line item shall include all compensation, including fringe benefits; all travel, meal, lodging, and similar expenses; the cost of purchasing new equipment and supplies; the cost of leasing offices and equipment; the cost of purchasing material, including newspapers, magazines, movies, films and tapes; the cost of using wire service equipment; and all other similar public relations expenditures.
(5) For a request for an additional appropriation from State funds for a fiscal year prior to the fiscal year which is the subject of the submission under this subsection, a written statement detailing the amounts requested and the need for the additional appropriation.
(b) For a request for an additional appropriation from State funds made after the submissions under subsection (a) by the Governor to the General Assembly for a fiscal year prior to the next succeeding fiscal year, the request shall include a written statement detailing the amounts requested and the need for the additional appropriation.
(c) Written statements under subsections (a)(5) and (b) shall be submitted to the Chairman and Minority Chairman of the Appropriations Committee of the Senate and the Chairman and Minority Chairman of the Appropriations Committee of the House of Representatives no later than October 31 and May 31 of each year.
(613 amended June 28, 2019, P.L.101, No.15)
Compiler's Note: See section 13 of Act 15 of 2019 in the appendix to this act for special provisions relating to legislative findings and declarations and effective date.
Section 614. List of Employes to be Furnished to Certain State Officers.--(a) All administrative departments, boards, and commissions and the Attorney General shall on July 15 of each year, transmit to the Auditor General, the State Treasurer and Secretary of the Budget a complete list, and to the Legislative Data Processing Center a computer tape of such list, as of July 1 preceding, of the names of all persons, except day-laborers, entitled to receive compensation from the Commonwealth for services rendered in or to the department, board, or commission, as the case may be. Such list shall show for each such person the position occupied, the date of birth, county of residence, voting residence, the salary at which or other basis upon which such person is entitled to be paid, the date of entry into the service of the Commonwealth, whether such person has been continuously employed by the Commonwealth since that date, and all periods of service and positions held as an employe of the Commonwealth, or such part of such information related to previous service and positions as the Governor may prescribe. ((a) amended Dec. 30, 2002, P.L.2075, No.231)
(a.1) The Auditor General and the State Treasurer shall on July 15 of each year transmit to the Secretary of the Budget a complete list, and to the Legislative Data Processing Center a computer tape of such list, as of July 1 preceding, of the names of all persons, except day-laborers, entitled to receive compensation from the Commonwealth for services rendered in or to the Auditor General or the State Treasurer, as the case may be. Such list shall show the position occupied by each such person, the date of birth and voting residence of such person, the salary at which or other basis upon which such person is entitled to be paid, the date when such person entered the service of the Commonwealth, whether such person has been continuously employed by the Commonwealth since that date, and all periods of service and positions held as an employe of the Commonwealth.
(b) No later than the 15th of each month thereafter, the Attorney General, the heads of the several administrative departments, and the several independent administrative boards and commissions, shall certify to the Auditor General, the State Treasurer and the Secretary of the Budget any changes in the annual list of employes last transmitted to them which shall have occurred during the preceding month and shall provide to the Legislative Data Processing Center a computer tape of such changes.
(b.1) No later than the 15th of each month thereafter, the Auditor General and the State Treasurer shall certify to the Secretary of the Budget any changes in the annual list of employes last transmitted to them which shall have occurred during the preceding month and shall provide to the Legislative Data Processing Center a computer tape of such changes.
(c) The information received by the Auditor General, the State Treasurer and the Secretary of the Budget, under this section, shall be public information, except that the information identifying the voting residence of the persons employed by the Commonwealth shall not be public information and may not be treated as such. ((c) amended Dec. 30, 2002, P.L.2075, No.231)
(614 amended Nov. 26, 1997, P.L.530, No.57)
Section 615. Estimates of Current Expenditures by Departments, Boards and Commissions.--(a) Each administrative department, board and commission, except the departments of which the Auditor General, the State Treasurer and the Attorney General are respectively the heads, shall from time to time, as requested by the Governor, prepare and submit to the Secretary of the Budget, for approval or disapproval, an estimate of the amount of money required and the levels of activity and accomplishment for each program carried on by each department, board or commission, during the ensuing month, quarter, or such other period as the Governor shall prescribe. All available Federal funds and funds from other sources shall be characterized as such and shall be included in the estimated expenditures which must be submitted to the Secretary of the Budget before any expenditures therefrom may be made. If such estimates do not meet with the approval of the Secretary of the Budget, it shall be revised as necessary and resubmitted for approval. The Secretary of the Budget may establish an authorized personnel complement level in conjunction with the approved expenditure estimate.
(b) After the approval of any such estimate, it shall be unlawful for the department, board, or commission to expend any appropriation, Federal funds or funds from other sources or part thereof, except in accordance with such estimate and the authorized complement level, unless the same be revised with the approval of the Secretary of the Budget and within the limits appropriated by the General Assembly.
(c) If any department, board, or commission, to which this section applies, shall fail or refuse to submit to the Secretary of the Budget estimates of expenditures, in accordance with the Governor's request, the Governor may notify the State Treasurer, in writing, of such failure or refusal, and, after receipt of such notice, the State Treasurer shall not draw any warrant in favor of such department, board, or commission, until the Governor shall have notified the State Treasurer, in writing, that the delinquent department, board, or commission has furnished him with, and he has approved, the estimate as required in this section.
(d) The Secretary of the Budget shall not, under his authority pursuant to this section, disapprove or reduce any amount appropriated by the General Assembly for grants and subsidies without giving ten (10) days' prior notice to the Majority and Minority Chairmen of the Appropriations Committees of the Senate and the House of Representatives, for their review and comment. Such notice shall include the amount of the appropriation to be reduced or disapproved, the reasons why the appropriation should be reduced or disapproved and the estimated impact of such reduction or disapproval on the programs, services or purposes for which the appropriation is provided. ((d) added Aug. 14, 1991, P.L.331, No.35)
(615 added Sept. 27, 1978, P.L.775, No.149)
Section 616. Estimates of Current Expenditures by Elective Officers.--The Auditor General, State Treasurer and the Attorney General shall, from time to time, as requested by the Governor, prepare and submit to the Secretary of the Budget estimates of the amounts of money required for each activity or function to be carried on by their respective departments during the ensuing month, quarter, or such other period as the Governor shall prescribe.
(616 added Sept. 27, 1978, P.L.775, No.149)
Section 617. Fiscal Period.--(a) All books and accounts kept by the Auditor General, the State Treasurer and the Attorney General and every department, board and commission shall be kept as of the fiscal year or period. The fiscal year shall be the period beginning on July 1 of each calendar year and ending on June 30 of the calendar year next succeeding.
(b) The Auditor General and the Department of the Auditor General shall submit to any accountants appointed by the Governor for the purpose of making an audit of the affairs of the Auditor General and the Department of the Auditor General all books, papers and records in any way pertaining to such affairs.
(617 added Sept. 27, 1978, P.L.775, No.149)
Section 618. Revenue Estimates.--(a) The Department of Revenue in conjunction with the Secretary of the Budget shall make revenue estimates for the use of the Governor in preparing the budget with periodic revisions until the final estimate is signed by the Governor not later than the time he signs the general appropriation bill. The revenue estimates used to sign any appropriation bill shall show separately State revenues, Federal funds, and, if specifically appropriated, funds from other sources. The Governor shall item veto any part of any appropriation bill that causes total appropriations to exceed the official estimate plus any unappropriated surplus. No changes in the revenue estimates shall be made thereafter unless changes in statutes affecting revenues and receipts are enacted.
(b) The revenue estimates shall be prepared in a way that they are subject to complete and thorough oversight by the Appropriations Committees of the Senate and the House of Representatives with full knowledge of all data, assumptions, and econometric models which were used to develop the projections and any subsequent revisions of these projections.
(c) A committee consisting of the Governor, the Secretary of the Budget, the Secretary of Revenue and the Chairmen of the Appropriations Committees of the Senate and the House of Representatives is hereby established to oversee the development, maintenance and/or use of econometric models which may be applied in the forecasting of State revenues. A model or models shall be developed for this purpose in the event that one does not currently exist. The Governor's Office shall maintain and update the model or models or appoint an appropriate agency or agencies to perform this responsibility. The Governor's Office shall inform the Oversight Committee of any changes to be made to the model or models to keep it updated. The equations of the model or models and any historic data bases related thereto shall be available to any member of the Oversight Committee or to the Minority Chairman of the Appropriations Committee of the Senate or House of Representatives upon request at any time for any reason. Members of the Oversight Committee or the Minority Chairman of the Appropriations Committee of the Senate or the House of Representatives may request the Governor's Office or the appropriate agency to run the model or models for any purpose including the testing of new equations and to produce forecasts. Forecasts produced by the model or models and any forecasted data bases related thereto shall be kept confidential by the Governor's Office and the appropriate agency or agencies producing these forecasts until or unless the individual requesting such forecast shall release them from this requirement. In no way shall this confidentiality provision be construed to prevent access by the Appropriations Committees of the Senate or House of Representatives to forecasts used in the preparation of the Governor's revenue estimates after the presentation of the budget as required in section 619(b).
(618 added Sept. 27, 1978, P.L.775, No.149)
Compiler's Note: Section 4114(b) of Title 71 provided that section 618 is repealed insofar as it is inconsistent with 71 Pa.C.S. Ch. 41.
Section 618.1. Revision of Revenue Estimates.--Notwithstanding any other provisions of this act to the contrary, the Department of Revenue, in conjunction with the Secretary of the Budget may, within sixty days of the effective date of this amendatory act, revise the official revenue estimate for the Commonwealth to account for additional revenues anticipated to be generated by actions taken and finalized prior to such revision by any agency of the executive branch on increasing regulatory fee rates and by any independent agency not under the direct control of the Governor on revising pricing policies or anticipated transfer of retained earnings.
(618.1 added Oct. 8, 1980, P.L.785, No.146)
Section 619. Transmission of Budget Information to the General Assembly.--(a) In December of each year, the Governor shall meet with the Majority and Minority Chairmen of the Appropriations Committees and the officers of the General Assembly to brief the legislative leadership on the issues he can foresee as being imminent in the budget for the next fiscal year and exchange views with them on issues on the budget before it is formally submitted to the General Assembly. The Governor's briefing shall include:
(1) Major anticipated increases or decreases in programs.
(2) The results or anticipated results of employee union negotiations for salaries, wages and other benefits.
(3) The statistics involved in preliminary forecasts of the major programs mandated by statute such as education subsidies, all public assistance programs, debt service and forecasts of revenue.
(4) Other appropriate budget information.
The legislative officers shall also inform the Governor of financial matters which should be considered in the budget.
(b) In the year the Governor is inaugurated, the Governor shall present the budget to the General Assembly no later than the first full week in March and in other years, no later than the first full week in February.
(c) The budget shall include the results of any program evaluation report completed by the Budget Office in the fiscal year preceding the year in which the budget request is made. The results of the evaluation report and its recommendations shall be summarized and included in the budget documentation.
(d) The Governor and each department or agency of the Commonwealth, upon request of the Chairman of the Appropriations Committees of either the Senate or the House of Representatives, shall provide documentation of any budget request, including revenue estimates upon which the Governor's budget estimate is based.
(619 added Sept. 27, 1978, P.L.775, No.149)
Section 620. Budget Implementation Data.--(a) The Governor, the Auditor General, the State Treasurer and the Attorney General shall make monthly expenditure data available to the Majority and Minority Chairmen of the Appropriations Committees of the Senate and the House of Representatives. Monthly data shall be provided within fifteen (15) days after the end of each month. The monthly data shall be prepared in such a way that the last monthly submission is a summary inclusive of the preceding months of the fiscal year and shall be usable to establish a history of expenditure file. This data, at the discretion of the Majority and Minority Chairmen of the Appropriations Committees of the Senate and the House of Representatives may be provided either in finished reports or on computer tapes. The data shall be provided by fund, by appropriation, by department and by organization within each department and shall include:
(1) Number of filled personnel positions and their cost.
(2) Itemized personnel vacancies and their cost.
(3) New positions created and their cost.
(4) Wage and overtime costs.
(5) Allotments and expenditures for itemized personnel expenses.
(6) Allotments and expenditures for itemized operating expenses.
(7) Allotments and expenditures for itemized fixed assets.
(8) The rate of expenditures in appropriations for major subsidy and grant programs during the month.
In addition to the above specified budgetary data, the Governor, the Auditor General, the State Treasurer and the Attorney General shall make available any other budgetary data as may be requested from time to time by the Majority and Minority Chairmen of the Appropriations Committees of the Senate and the House of Representatives.
(b) The Governor shall make monthly revenue reports to the Majority and Minority Chairmen of the Appropriations Committees of the Senate and the House of Representatives. The revenue reports shall show the actual collection of revenue itemized by source and a comparison of the actual collections with estimated collections for each month. The comparison shall be accompanied by an analysis which would indicate any change in collection patterns which will cause a shortfall or overrun on the annual estimates of more than one per centum (1%).
(c) The Governor, the Auditor General, the State Treasurer and the Attorney General shall cause to be prepared any other revenue data as may be requested from time to time by the Majority or Minority Chairmen of the Appropriations Committees of the Senate or the House of Representatives.
(620 amended Nov. 26, 1997, P.L.530, No.57)
Section 620.1. Electronic Access of Information.--Except for confidential information, the Majority and Minority Chairmen of the Appropriations Committees of the Senate and House of Representatives shall have access to all information available on inquiry-only screens through the Integrated Central System.
(620.1 added Aug. 14, 1991, P.L.331, No.35)
Section 621. Lapsing of Funds.--(a) As used in this section:
"Contingent commitment." An authorization made by proper authority for an agency to commit funds from an appropriation which has not yet been made by the General Assembly. It is contingent upon the eventual passage of an appropriation for the purpose. Neither goods or services can be delivered nor funds expended until such an appropriation has been made.
"Contracted repairs." All repairs to buildings, grounds, roads, fixed and movable equipment and furniture, excluding maintenance and repair work performed by State employes. Repairs are defined as costs which will restore the asset to that condition which will permit the effective use of the asset up to but not beyond its previously determined useful life.
"Economic development." Programs to maximize employment opportunities, economic growth and development of communities and the overall economic development of the Commonwealth through industrial development, employability development, community development, resource development, labor-management relations and job training.
"Emergency." A situation or circumstance that threatens the continued operation of government or the health, safety or lives of the citizens of the Commonwealth.
"Encumbrance." Obligation or commitment in the form of purchase orders, field purchase orders, contracts, grant agreements or other authorizing documents related to unperformed contracts for goods and services which are chargeable to an appropriation and for which a part of the appropriation is reserved.
"Fixed assets." Includes as machinery, equipment or furniture those articles which meet the following two general criteria:
(1) Those items that can be expected to have a useful life of more than one year.
(2) Those items that can be used repeatedly without materially changing or impairing their physical condition and that can be kept in serviceable condition by normal repair, maintenance or replacement of components.
Also included in this major category of expenditure are: livestock, game and poultry purchased primarily for farm stock, breeding or similar use, land acquisitions, acquisitions of buildings and structures, capital improvements to buildings and structures and nonstructural improvements.
"Grants and subsidies." Includes all payments made by the State to political subdivisions, individuals, institutions and organizations for which no direct services are rendered to the State. Also included are: awards, bounties and indemnities.
"Litigation." Any pending, proposed or current action or matter, including arbitration and audits, subject to appeal before a court of law or administrative adjudicative body, the decision of which body may be appealed to a court of law.
"Major categories of expenditure." Includes personnel services, operational expenses, fixed assets, grants and subsidies, debt service and fixed charges and nonexpense items.
"Operational expenses." Includes the cost of commodities, substances or manufactured articles which are used or consumed in current operation or processed in the construction or manufacture of articles. Also includes equipment, expendable tools and other articles not meeting the criteria for machinery and equipment set forth in the definition of "fixed assets." In addition, includes services performed by State or outside agencies which may include the use of equipment or the furnishing of commodities in connection with these services under express or implied contracts.
"Personnel services." The cost of salaries and wages, State share of payroll taxes and employe benefits paid to or on behalf of State officials and employes for services rendered and for State annuitants. Includes among other things, the State share of unemployment compensation, employe training and annual and sick leave payouts.
"Procurement document." A document authorizing delivery of specified items or the rendering of certain services and the incurrence of a charge for them. Includes purchase orders, field purchase orders, leases, contracts and other authorizing documents.
"Purchase requisition." A written or electronic request to the central purchasing agency for the purchase of specified items.
(b) All actions relating to the encumbering of funds shall be supported by complete documentation. Procurement documents shall have a specified delivery date. Encumbrances shall be expended as herein provided.
(c) Payments for personnel services shall be charged to the fiscal year in which the expense was incurred or the liability accrued.
(d) Payments for operational expenses and grants and subsidies shall be charged as follows:
(1) Purchases of supplies shall be charged to the fiscal year in which the actual expenses or commitment to purchase was incurred.
(1.1) Contracted services and rentals, excluding General State Authority rentals, shall be charged to the fiscal year in which the service was provided or rental occurred.
(2) Contracted repairs shall be charged to the fiscal year in which an encumbrance was created.
(3) Grants and subsidies shall be charged to the fiscal year in which funds were appropriated, allocated for the purpose by the Budget Secretary and/or encumbered.
(4) Except as hereinafter provided, no encumbrance for operational expenses and grants or subsidies shall be made after May 31 in the fiscal year to which the encumbrance is charged.
(5) Encumbrances for operational expenses and grants and subsidies made because of purchase orders issued from purchase requisitions or because of an emergency may be created subsequent to May 31 but not later than June 30.
(6) (Deleted by amendment).
(7) Encumbrances for economic development grants or projects may be retained until the close of the second fiscal year following the fiscal year in which the original grants or projects were encumbered.
(e) Fixed assets shall be charged as follows:
(1) Purchase or cost of fixed assets shall be charged to the fiscal year in which an encumbrance was created.
(2) Except as hereinafter provided, no encumbrance for fixed assets shall be made after May 31 in the fiscal year to which the encumbrance is charged.
(3) Encumbrances for fixed assets made because of purchase orders issued from purchase requisitions or because of an emergency may be created subsequent to May 31 but not later than June 30.
(4) (Deleted by amendment).
(5) (Deleted by amendment).
(f) Outstanding prior year encumbrances shall be cancelled as of October 31, excepting encumbrances for: construction, repairs and improvements and items being litigated. In addition, a prior year encumbrance may remain encumbered beyond October 31 provided the agency comptroller has evidence that either the goods were provided on or before October 31 or the services were provided by June 30 of the previous fiscal year.
(g) Nothing shall preclude an agency from either encumbering funds against or direct charging expenditures to the current fiscal year to pay for a prior year's encumbrance which was cancelled under subsection (c), (d), (e) or (f).
(h) Available balances created by the liquidation or cancellation of prior year encumbrances shall be lapsed. These balances shall not be transferred between major categories of expenditure and may not be used to create any new obligation.
(i) Except as a result of litigation, in no case shall an encumbrance be held for more than the next complete fiscal year.
(j) In no case shall there be a transfer of funds from an encumbrance in one major category of expenditure to an encumbrance in another major category of expenditure.
(k) All deadlines for creating encumbrances shall be extended when the encumbrances apply to an appropriation received after the deadlines stated herein.
(l) In no case shall an encumbrance be created after June 30 of the fiscal year in which the moneys were appropriated.
(m) The Secretary of the Budget shall have the power to waive any of the provisions included in section 621 upon written request of an agency justifying an exception to these provisions which is in the best interests of the Commonwealth. When the Secretary of the Budget decides to approve an agency request for a waiver of these provisions, he shall submit the agency request along with his own written analysis and justification for the waiver of these provisions to the respective Chairmen of the Majority and Minority Appropriations Committees in the House of Representatives and the Senate allowing a reasonable time for their review and comment.
(n) (Deleted by amendment).
(621 amended Nov. 26, 1997, P.L.530, No.57)
Section 622. Transfer of Portion of Surplus.--(622 repealed June 25, 2001, P.L.733, No.74)
Section 623. Disposition of Commonwealth Assets.--Money received from the disposition of assets of the Commonwealth shall be deposited into the Tax Stabilization Reserve Fund.
(623 added Aug. 14, 1991, P.L.331, No.35)
Section 624. Tax Expenditures.--(a) As used in this section, "tax expenditure" shall mean a reduction in revenue that would otherwise be collected by the Commonwealth as the result of an exemption, reduction, deduction, limitation, exclusion, tax deferral, discount, commission, credit, preferential rate or preferential treatment under any of the following:
(1) Sales tax imposed by Article II of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."
(2) Personal income tax imposed by Article III of the "Tax Reform Code of 1971."
(3) Corporate net income tax imposed by Article IV of the "Tax Reform Code of 1971."
(4) Capital stock/franchise tax imposed by Article VI of the "Tax Reform Code of 1971."
(5) Bank shares tax imposed by Article VII of the "Tax Reform Code of 1971."
(6) Title insurance and trust companies shares tax imposed by Article VIII of the "Tax Reform Code of 1971."
(7) Insurance premiums tax imposed by Article IX of the "Tax Reform Code of 1971."
(8) Utility gross receipts tax imposed by Article XI of the "Tax Reform Code of 1971."
(9) Liquid fuels and fuel use taxes.
(10) Realty transfer tax imposed by Article XI-C of the "Tax Reform Code of 1971."
(11) Cigarette tax imposed by Article XII of the "Tax Reform Code of 1971."
(12) Mutual thrift institutions tax imposed by Article XV of the "Tax Reform Code of 1971."
(13) Oil company franchise tax imposed by 75 Pa.C.S. Ch. 95 (relating to taxes for highway maintenance and construction).
(14) Motor carriers road tax imposed by 75 Pa.C.S. Ch. 96 (relating to motor carriers road tax).
(15) Inheritance tax imposed by Article XXI of the "Tax Reform Code of 1971."
(16) Unemployment compensation contributions imposed by the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the "Unemployment Compensation Law."
(17) Utility realty tax imposed by Article XI-A of the "Tax Reform Code of 1971."
(18) Gross receipts tax on motor carriers imposed by the act of June 22, 1931 (P.L.694, No.255), referred to as the Motor Carriers Gross Receipts Tax Act.
(19) Marine insurance underwriting profits tax imposed by the act of May 13, 1927 (P.L.998, No.486), entitled "An act imposing a tax for State purposes on marine insurance underwriting profits, and providing for the collection of such tax."
(20) Co-operative agricultural association corporate net income tax imposed pursuant to the act of May 23, 1945 (P.L.893, No.360), known as the "Co-operative Agricultural Association Corporate