Trial Engrossment of Amendment A04931 to Senate Bill 0764 P.N. 1780, Regular Session 2021-2022

HOUSE AMENDED

A04931

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

764

Session of

2021

INTRODUCED BY ARGALL, BARTOLOTTA, YUDICHAK, VOGEL, STEFANO,

PITTMAN, J. WARD, AUMENT AND BROOKS, JUNE 14, 2021

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 15, 2022

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in powers and duties of the Department of State

and its departmental administrative board, providing for

legislative process training; and imposing duties on the

Legislative Reference Bureau. FURTHER PROVIDING FOR POWERS

AND DUTIES IN GENERAL.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding a

section to read:

Section 816. Legislative Process Training.--(a) The

Legislative Reference Bureau shall develop legislative process

training for the Department of State which includes the

following:

(1) The legislative process in this Commonwealth.

(2) Legislation introduced by the General Assembly,

including bills, resolutions, concurrent resolutions and joint

resolutions.

(3) The Department of State's responsibilities relating to

legislation as provided by law.

(b) Within sixty days of the effective date of this section

and annually thereafter:

(1) The legislative process training under subsection (a)

shall be provided in person by the Legislative Reference Bureau

to the individuals, offices and bureaus under subsection (d).

(2) The Department of State shall provide training on the

systems and procedures the department has in place to handle the

department's legislative responsibilities and the roles that

each individual and entity within the department play in the

process to the individuals, offices and bureaus under subsection

(d).

of the legislative process training under subsection (a) and all

new employees and current employees who assume a position or

move to an office or bureau under subsection (d) shall watch the

training video before starting in the position.

(d) The following shall receive the training under

subsection (a):

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(1) The Secretary of the Commonwealth.

(2) The Executive Deputy Secretary of the Commonwealth.

(3) Employees in the Office of Policy.

(4) Employees in the Bureau of Elections and Notaries.

(5) Employees in the Office of Chief Counsel.

(6) Employees in the Bureau of Finance and Operations.

(7) Employees in the Office of Legislative Affairs.

SECTION 1. SECTION 801 OF THE ACT OF APRIL 9, 1929 (P.L.177,

NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, AMENDED JULY

9, 2021 (P.L.377, NO.70), IS AMENDED TO READ:

SECTION 801. POWERS AND DUTIES IN GENERAL.--(A) THE

DEPARTMENT OF STATE SHALL, SUBJECT TO ANY INCONSISTENT

PROVISIONS IN THIS ACT CONTAINED, CONTINUE TO EXERCISE THE

POWERS AND PERFORM THE DUTIES HERETOFORE BY LAW VESTED IN AND

IMPOSED UPON THE DEPARTMENT OF THE SECRETARY OF THE

COMMONWEALTH, AND THE SEVERAL BUREAUS THEREOF, THE DEPARTMENT OF

STATE AND FINANCE, THE DEPARTMENT OF STATE, AND THE SECRETARY OF

THE COMMONWEALTH.

(B) ADDITIONAL POWERS AND DUTIES SHALL BE AS FOLLOWS:

(1) (I) NO LATER THAN 14 DAYS PRIOR TO THE PUBLICATION OF A

PROPOSED CONSTITUTIONAL AMENDMENT BY THE SECRETARY OF THE

COMMONWEALTH UNDER SECTION 1 OF ARTICLE XI OF THE CONSTITUTION

OF PENNSYLVANIA OR AS SOON AS PRACTICAL PRIOR TO PUBLICATION OF

[AN] A PROPOSED EMERGENCY CONSTITUTIONAL AMENDMENT UNDER SECTION

1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA, THE

SECRETARY OF THE COMMONWEALTH SHALL NOTIFY THE FOLLOWING OF THE

DATE ON WHICH PUBLICATION UNDER ARTICLE XI OF THE CONSTITUTION

OF PENNSYLVANIA WILL BE COMPLETED:

(A) EACH MEMBER OF THE GENERAL ASSEMBLY.

(B) THE SECRETARY OF THE SENATE, WHO SHALL HAVE THE NOTICE

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READ INTO THE JOURNAL OF THE SENATE.

SHALL READ THE NOTICE INTO THE JOURNAL OF THE HOUSE OF

REPRESENTATIVES.

(D) THE PARLIAMENTARIAN OF THE HOUSE OF REPRESENTATIVES.

(E) THE LEGISLATIVE REFERENCE BUREAU, WHICH SHALL PUBLISH

THE NOTICE IN THE PENNSYLVANIA BULLETIN.

(II) FAILURE OF THE SECRETARY OF THE COMMONWEALTH TO COMPLY

WITH CLAUSE (I) SHALL NOT IMPACT THE EFFECTIVENESS OF THE

PROPOSED CONSTITUTIONAL AMENDMENT.

(2) [(RESERVED).] (I) NO LATER THAN 14 DAYS AFTER THE

PUBLICATION OF A PROPOSED CONSTITUTIONAL AMENDMENT BY THE

SECRETARY OF THE COMMONWEALTH UNDER SECTION 1 OF ARTICLE XI OF

THE CONSTITUTION OF PENNSYLVANIA, THE SECRETARY OF THE

COMMONWEALTH SHALL CERTIFY TO THE FOLLOWING THAT THE PUBLICATION

HAS BEEN COMPLETED IN COMPLIANCE WITH THE REQUIREMENTS OF

SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA:

(A) EACH MEMBER OF THE GENERAL ASSEMBLY . , who shall hold a

public meeting within the member's respective legislative

district for the purpose of receiving public comment on the

proposed constitutional amendment. The public meeting shall be

held before the submission of the proposed constitutional

amendment to the electors of the Commonwealth in referendum. The

public meeting shall comply with 65 Pa.C.S. Ch. 7 (relating to

open meetings).

(B) THE SECRETARY OF THE SENATE, WHO SHALL HAVE THE

CERTIFICATION READ INTO THE JOURNAL OF THE SENATE.

SHALL READ THE CERTIFICATION READ INTO THE JOURNAL OF THE HOUSE

OF REPRESENTATIVES.

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(D) THE PARLIAMENTARIAN OF THE HOUSE OF REPRESENTATIVES.

(E) THE LEGISLATIVE REFERENCE BUREAU, WHICH SHALL PUBLISH

NOTICE OF THE CERTIFICATION IN THE PENNSYLVANIA BULLETIN.

(II) FAILURE OF THE SECRETARY OF THE COMMONWEALTH TO COMPLY

WITH CLAUSE (I) SHALL NOT IMPACT THE EFFECTIVENESS OF THE

PROPOSED CONSTITUTIONAL AMENDMENT.

(3) THE SECRETARY OF THE COMMONWEALTH SHALL DESIGNATE IN

WRITING A DEPUTY TO OVERSEE THE ACTIVITIES UNDERTAKEN BY

EMPLOYES OF THE DEPARTMENT OF STATE TO ASSIST THE SECRETARY OF

THE COMMONWEALTH IN CARRYING OUT HIS OR HER DUTIES UNDER SECTION

1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA. THE DEPUTY

DESIGNATED UNDER THIS PARAGRAPH SHALL TAKE PHYSICAL CUSTODY OF

EACH PROPOSED CONSTITUTIONAL AMENDMENT UPON RECEIPT BY THE

DEPARTMENT OF STATE AND SHALL TRACK THE COMPLIANCE WITH THE

WRITTEN POLICIES UNDER PARAGRAPH (4)(I) AND THE OVERALL PROGRESS

OF THE REQUIRED PUBLICATION UNDER SECTION 1 OF ARTICLE XI OF THE

CONSTITUTION OF PENNSYLVANIA.

(4) (I) THE SECRETARY OF THE COMMONWEALTH, IN CONSULTATION

WITH THE OFFICE OF GENERAL COUNSEL, SHALL ESTABLISH A WRITTEN

POLICY TO INSTRUCT EMPLOYES OF THE DEPARTMENT OF STATE ON THE

INTERNAL AND SEQUENTIAL PROCEDURES NECESSARY TO PROPERLY RECEIVE

PROPOSED CONSTITUTIONAL AMENDMENTS PASSED BY THE GENERAL

ASSEMBLY AND TO COMPLETE THE PUBLICATION OF A PROPOSED

CONSTITUTIONAL AMENDMENT UNDER SECTION 1 OF ARTICLE XI OF THE

CONSTITUTION OF PENNSYLVANIA. THE WRITTEN POLICY UNDER THIS

CLAUSE SHALL DO ALL OF THE FOLLOWING:

(A) ASSIGN SPECIFIC DUTIES TO SPECIFIC BUREAUS AND OFFICES

WITHIN THE DEPARTMENT OF STATE.

(B) PROVIDE FOR NECESSARY SAFEGUARDS AND REVIEWS TO ENSURE

THE PROPER PUBLICATION OF ALL PROPOSED CONSTITUTIONAL AMENDMENTS

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AS REQUIRED UNDER SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF

PENNSYLVANIA.

DUTIES UNDER THE WRITTEN POLICIES. THE TRAINING SHALL BE

CONDUCTED BY THE DEPUTY DESIGNATED UNDER PARAGRAPH (3) AND THE

OFFICE OF GENERAL COUNSEL. UPON REQUEST, THE LEGISLATIVE

REFERENCE BUREAU SHALL ASSIST IN THE PREPARATION OF THE TRAINING

UNDER THIS CLAUSE.

(D) PROVIDE DIRECTION THAT AN EMPLOYE WITH A QUESTION ABOUT

THE PROCEDURES SHALL CONSULT WITH THE DEPUTY DESIGNATED UNDER

PARAGRAPH (3).

(II) THE DEPARTMENT OF STATE SHALL SUBMIT A COPY OF THE

WRITTEN POLICIES UNDER THIS CLAUSE TO THE LEGISLATIVE REFERENCE

BUREAU.

(III) A COPY OF THE POLICY UNDER CLAUSE (I) SHALL BE GIVEN

TO EACH EMPLOYE WHO HAS DUTIES UNDER THE POLICY UPON HIRING AND

NO LATER THAN FEBRUARY OF EACH ODD-NUMBERED YEAR. AN EMPLOYE

RECEIVING A COPY OF THE POLICY UNDER THIS CLAUSE SHALL EXECUTE A

FORM STATING THAT HE OR SHE IS AWARE OF AND UNDERSTANDS HOW TO

COMPLETE THE DUTIES UNDER THE POLICY. A COPY OF THE EXECUTED

FORM SHALL BE MAINTAINED WITHIN THE EMPLOYE'S PERSONNEL FILE IN

ACCORDANCE WITH THE GENERALLY APPLICABLE DOCUMENT RETENTION

POLICY.

Section 2. This act shall take effect in 60 days.

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