Regular Session 2015-2016 Senate Bill 1280 P.N. 1860

PRINTER'S NO. 1860

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1280

Session of

2015

INTRODUCED BY TEPLITZ, SCHWANK AND WARD, JUNE 2, 2016

REFERRED TO EDUCATION, JUNE 2, 2016

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; 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 organization of

departmental administrative boards and commissions and of

advisory boards and commissions, further providing for

Pennsylvania Higher Education Assistance Agency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 401.2 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929,

added July 9, 2010 (P.L.348, No.50), is amended to read:

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.] the

board shall be composed of the following members:

(i) Six members appointed by the Governor and confirmed by

the Senate, which shall include the following:

(A) Two individuals who are full-time postsecondary

students.

(B) One individual appointed to represent the State-related

universities of this Commonwealth.

vocational or trade schools in this Commonwealth.

(ii) The Secretary of Education.

(iii) The Secretary of Banking and Securities.

(iv) The Secretary of Community and Economic Development.

(v) Eight members appointed by the President pro tempore of

the Senate.

(vi) Eight members appointed by the Speaker of the House of

Representatives.

(vi) The Chancellor of the Pennsylvania State System of

Higher Education.

(vii) One individual appointed to represent independent

colleges and universities in this Commonwealth, who shall be

nominated by the Association of Independent Colleges and

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Universities of Pennsylvania and confirmed by the Senate.

(viii) One individual to represent community colleges in

this Commonwealth, who shall be nominated by the Pennsylvania

Commission for Community Colleges and confirmed by the Senate.

(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] two

shall be appointed for a term which shall expire June 30, [2011]

2017, one for a term which shall expire June 30, [2013] 2019,

and one for a term which shall expire June 30, [2015] 2021. 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] 2017, three for a term which shall expire June

30, [2013] 2019, and two for a term which shall expire June 30,

[2015] 2021. 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] 2017, three for a term which

shall expire June 30, [2013] 2019, and one for a term which

shall expire June 30, [2015] 2021.

(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

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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] 2016, all board appointments made

after June 30, [2010] 2016, 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

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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.

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.

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

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