PRINTER'S NO. 1686
No. 1433 Session of 1975
INTRODUCED BY RHODES, KNEPPER, MANDERINO, TADDONIO AND PERRY, JUNE 10, 1975
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 11, 1975
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," further providing for 21 appointments. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 207, act of April 9, 1929 (P.L.177, 25 No.175), known as the "Administrative Code of 1929," amended 26 February 18, 1949 (P.L.16, No.5), August 24, 1951 (P.L.1340, 27 No.322) and December 3, 1970 (P.L.834, No.275), is amended to
1 read: 2 Section 207. Appointment.--(A) The Governor shall nominate 3 and, by and with the advice and consent of [two-thirds of all] a 4 majority of the members [of] elected to the Senate, appoint: 5 (a) The Secretary of the Commonwealth, the Attorney General, 6 the [Superintendent of Public Instruction] Secretary of 7 Education, the Adjutant General, the Insurance Commissioner, the 8 Secretary of Banking, the Secretary of Agriculture, the 9 Secretary of Transportation, the Secretary of Health, the 10 Commissioner of the Pennsylvania State Police, the Secretary of 11 Labor and Industry, the Secretary of Public Welfare, the 12 Secretary of Property and Supplies, the Secretary of Revenue, 13 the Secretary of Commerce, the Secretary of Community Affairs, 14 the Secretary of Environmental Resources, and the members of all 15 independent administrative boards and commissions. 16 The Adjutant General may have the rank of Major General of 17 the Adjutant General's Department in the Pennsylvania National 18 Guard, or Pennsylvania Guard, or the Governor may designate the 19 ranking line officer of the Pennsylvania National Guard, or 20 Pennsylvania Guard, or an officer of the Regular Army, United 21 States Navy, United States Coast Guard, or United States Marine 22 Corps, as Adjutant General: Provided, That should the ranking 23 line officer be also appointed Adjutant General, he shall 24 receive only the salary provided by law for the Adjutant 25 General: And provided further, That should the ranking line 26 officer be called into the service of the United States, a 27 Deputy Adjutant General, to be designated by the Governor, shall 28 act as Adjutant General during his absence. No Adjutant General 29 shall be appointed who shall not have served at least ten years 30 as a commissioned officer in the Pennsylvania National Guard, 19750H1433B1686 - 2 -
1 Pennsylvania Guard, or equivalent length of service in the 2 Regular Army of the United States, United States Navy, United 3 States Coast Guard, or United States Marine Corps, or Officers 4 Reserve Corps of the United States Army, United States Naval 5 Reserve, United States Coast Guard Reserve, or United States 6 Marine Corps Reserve, which service may be cumulative, that is, 7 service in any one or more of the foregoing services may be 8 added together. 9 The Secretary of Health shall be a doctor of medicine 10 licensed to practice medicine in Pennsylvania or eligible to be 11 so licensed. 12 (b) Except as in this act otherwise provided, the members of 13 all departmental administrative bodies, boards, and commissions, 14 and the officers who shall fill the departmental administrative 15 offices mentioned in this article. 16 (c) Except as in this act otherwise provided, the members of 17 all advisory boards and commissions. 18 (d) Justices of the peace to fill a vacancy in the office. 19 (B) The Governor shall nominate and, by and with the advice 20 and consent of two-thirds of the members elected to the Senate, 21 appoint judges and justices to fill vacancies in the offices of 22 judge or justice. 23 Section 2. All acts and parts of acts are repealed in so far 24 as they are inconsistent herewith. 25 Section 3. This act shall take effect immediately. E31L55RC/19750H1433B1686 - 3 -