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                                                       PRINTER'S NO. 271



No. 269 Session of 2001



                                     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     gubernatorial appointments; and making editorial changes.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  Section 207.1(c) and (d)(1) and (4) of the act of
    25  April 9, 1929 (P.L.177, No.175), known as The Administrative
    26  Code of 1929, amended or added November 8, 1976 (P.L.1109,
    27  No.227), December 30, 1984 (P.L.1299, No.245) and November 26,

     1  1997 (P.L.530, No.57), are amended and the section is amended by
     2  adding a subsection to read:
     3     Section 207.1.  Gubernatorial Appointments.--* * *
     4     (c)  The Governor shall nominate in accordance with the
     5  provisions of the Constitution of the Commonwealth of
     6  Pennsylvania and, by and with the advice and consent of two-
     7  thirds of the members elected to the Senate, appoint persons to
     8  fill the following positions:
     9     (1)  Vacancies in the offices of Auditor General and State
    10  Treasurer and in any other elective office which he is
    11  authorized by law to fill when said law requires confirmation.
    12     (2)  Those members which he is authorized to appoint to the
    13  Milk Marketing Board, the Pennsylvania Fish and Boat Commission,
    14  the Pennsylvania Game Commission, the Pennsylvania Liquor
    15  Control Board, the Pennsylvania Public Utility Commission and
    16  the Pennsylvania Turnpike Commission.
    17     (d)  The Governor shall nominate in accordance with the
    18  provisions of the Constitution of the Commonwealth of
    19  Pennsylvania and, by and with the advice and consent of a
    20  majority of the members elected to the Senate appoint persons to
    21  fill the following positions:
    22     (1)  The Secretary of Education, the Secretary of the
    23  Commonwealth, the Adjutant General, the Insurance Commissioner,
    24  the Secretary of Banking, the Secretary of Agriculture, the
    25  Secretary of Transportation, the Secretary of Health, the
    26  Commissioner of the State Police, the Secretary of Corrections,
    27  the Secretary of Labor and Industry, the Secretary of Aging, the
    28  Secretary of Public Welfare, the Secretary of General Services,
    29  the Secretary of Revenue, the Secretary of [Commerce, the
    30  Secretary of Community Affairs and] Community and Economic
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     1  Development, the Secretary of [Environmental Resources]
     2  Conservation and Natural Resources and the Secretary of
     3  Environmental Protection.
     4     * * *
     5     (4)  Those members which he is authorized to appoint to the
     6  Delaware Valley Regional Planning Commission, the Pennsylvania
     7  Public Television Network Commission, the State Farm Products
     8  Show Commission, the Pennsylvania Housing Finance Agency, the
     9  Board of Trustees of each State College and University, the
    10  Board of Trustees of Scotland School for Veterans' Children, the
    11  Board of Trustees of Thaddeus Stevens College of Technology, the
    12  State Conservation Commission, the Commonwealth of Pennsylvania
    13  Council on the Arts, the State Planning Board, the Pennsylvania
    14  Drug, Device and Cosmetic Board, the County Board of Assistance
    15  in each county, [the State Board of Public Welfare,] the Boards
    16  of Trustees of Centers, the Board of Trustees of each
    17  Restoration Center, the Board of Trustees of each State General
    18  Hospital, the Board of Trustees of each State School and
    19  Hospital, the Board of Trustees of each State Hospital, the
    20  State [Dental Council and Examining] Board of Dentistry, the
    21  State Real Estate Commission, the State Registration Board for
    22  Professional Engineers, Land Surveyors and Geologists, the State
    23  [Boards of Examiners of] Architects Licensure Board,
    24  [Auctioneers] the State Board of Auctioneer Examiners, State
    25  Board of Examiners of Nursing Home Administrators [and Public
    26  Accountants], the State Boards of Accountancy, Barber Examiners,
    27  Chiropractic [Examiners], Cosmetology, Funeral Directors,
    28  [Medical Education and Licensure, Nurse Examiners, Optometrical
    29  Examiners] Medicine, Nursing, Optometry, Osteopathic [Examiners]
    30  Medicine, Pharmacy, Physical Therapy [Examiners], Podiatry
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     1  [Examiners], Veterinary [Medical Examiners] Medicine, Landscape
     2  Architects and [Motor Vehicle Manufacturers, Dealers and
     3  Salesmen] Vehicle Manufacturers, Dealers and Salespersons, the
     4  [Pennsylvania] State Board of [Psychologist Examiners]
     5  Psychology, [the State Athletic Commission,] the Pennsylvania
     6  Higher Education Assistance Agency, the Pennsylvania Historical
     7  and Museum Commission, the State Tax Equalization Board, the
     8  Public School Employees' Retirement Board, the State Employees'
     9  Retirement Board, the Municipal Police Officers' Education and
    10  Training Commission, the Consumer Advocate, and the Pennsylvania
    11  Minority Business Development Authority.
    12     * * *
    13     (h)  No person shall be appointed under this section unless
    14  that person provides to the Governor, or in the case of a person
    15  nominated under subsection (c) or (d) files with the Senate at
    16  least ten (10) days before a vote on approval or rejection of
    17  the nomination, upon forms approved by the Department of
    18  Revenue, a statement that:
    19     (1)  the person has filed all State tax reports and paid all
    20  State taxes;
    21     (2)  the person has filed a timely administrative or judicial
    22  appeal of State tax liability; or
    23     (3)  the person is participating in a duly approved deferred
    24  payment plan for State tax liability.
    25     Section 2.  This act shall take effect in 60 days.

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