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                                                      PRINTER'S NO. 4543

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2823 Session of 2008


        INTRODUCED BY PHILLIPS, FAIRCHILD, CALTAGIRONE, HARRIS, FLECK,
           GRUCELA, HENNESSEY, HERSHEY, HESS, MAJOR, PICKETT, ROCK,
           SIPTROTH, WOJNAROSKI, BRENNAN, MYERS AND MURT,
           OCTOBER 15, 2008

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 15, 2008

                                     AN ACT

     1  Amending the act of August 5, 1941 (P.L.752, No.286), entitled
     2     "An act regulating and improving the civil service of certain
     3     departments and agencies of the Commonwealth; vesting in the
     4     State Civil Service Commission and a Personnel Director
     5     certain powers and duties; providing for classification of
     6     positions, adoption of compensation schedules and
     7     certification of payrolls; imposing duties upon certain
     8     officers and employes of the Commonwealth; authorizing
     9     service to other State departments or agencies and political
    10     subdivisions of the Commonwealth in matters relating to civil
    11     service; defining certain crimes and misdemeanors; imposing
    12     penalties; making certain appropriations, and repealing
    13     certain acts and parts thereof," further providing for
    14     examinations requisite for appointment and promotion.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Section 501(b) of the act of August 5, 1941
    18  (P.L.752, No.286), known as the Civil Service Act, amended June
    19  28, 2004 (P.L.461, No.50), is amended to read:
    20     Section 501.  Examinations Requisite for Appointment and
    21  Promotion.--* * *
    22     (b)  Persons applying for positions or promotions in the
    23  classified service shall be residents of the Commonwealth or

     1  former residents of the Commonwealth who meet the requirements
     2  of this subsection, and where applicable to the administrative
     3  district. Former residents of the Commonwealth must have
     4  relocated out of State for academic or employment purposes,
     5  shall plan to establish Commonwealth residency within six months
     6  of beginning employment in the classified service and must have:
     7  (1) graduated from a public, private or nonpublic secondary
     8  school in the Commonwealth or satisfied the requirements of
     9  sections 1327 and 1327.1 of the act of March 10, 1949 (P.L.30,
    10  No.14), known as the "Public School Code of [1949," within five
    11  years of applying for a position in the classified service]
    12  1949"; (2) satisfied the requirements of sections 1327 and
    13  1327.1 of the "Public School Code of 1949" or attended a public,
    14  private or nonpublic school in the Commonwealth at least eighty
    15  percent of the time while enrolled in grades one through twelve
    16  [and attended such school within five years of applying for a
    17  position in the classified service]; or (3) graduated or
    18  attended a public, private or nonpublic secondary school in the
    19  Commonwealth or satisfied the requirements of sections 1327 and
    20  1327.1 of the "Public School Code of 1949" and graduated from a
    21  postsecondary institution in the Commonwealth [within five years
    22  of applying for a position in the classified service].
    23  Notwithstanding any of the provisions of this act, whenever an
    24  appointing authority finds a lack of a sufficient number of
    25  qualified personnel available for appointment to any particular
    26  class or classes of positions, the appointing authority may
    27  present evidence thereof to the director who may waive the
    28  residence requirements for such class or classes of positions.
    29     * * *
    30     Section 2.  This act shall apply to persons who apply for
    20080H2823B4543                  - 2 -     

     1  positions or promotions in the classified service after the
     2  effective date of this section.
     3     Section 3.  This act shall take effect in 60 days.


















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