Regular Session 2021-2022 Senate Bill 0760 P.N. 0885

PRINTER'S NO. 885

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

760

Session of

2021

INTRODUCED BY MARTIN, K. WARD, J. WARD, AUMENT, STEFANO, YAW,

MENSCH, PITTMAN, MASTRIANO, REGAN, PHILLIPS-HILL AND ARGALL,

JUNE 11, 2021

REFERRED TO STATE GOVERNMENT, JUNE 11, 2021

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 administrative organization, further

providing for gubernatorial appointments, for terms of office

and for deputies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 207.1(e) and (f), 208 and 213 of the act

of April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929, are amended to read:

Section 207.1. Gubernatorial Appointments.--* * *

(e) Notwithstanding the provisions of existing law providing

for the extension of a term of office until a successor is

appointed and qualified, for purposes of appointment under

Article IV, section 8 of the Pennsylvania Constitution, for

those offices requiring Senate confirmation by this section a

vacancy requiring appointment or reappointment by the Governor

shall exist upon [the expiration of the number of years or time

period specified for said office.] the commencement of the

Governor's first term of office or immediately upon the

resignation of the current department head.

(f) A person, other than one serving until a successor is

appointed and qualified, nominated by the Governor to a position

for which Senate confirmation is required by this section shall

not serve in such position nor receive any compensation for

serving in such position, in any capacity, including as an

acting department head, until he has been confirmed by action of

the Senate or by its inaction as provided by the Constitution of

the Commonwealth of Pennsylvania and his appointment or

commission thereafter issued by the Governor: Provided, however,

That nothing contained in this section shall be construed to

repeal or modify section 213 of this act: And provided further,

That nothing in this act shall affect the right of an incumbent,

whose term of office has expired, to continue in his office

until his successor is appointed and qualified.

* * *

Section 208. Terms of Office.--The terms of office of the

persons appointed by the Governor under the preceding section

shall be as follows:

(a) [The Secretary of the Commonwealth and the Attorney

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General shall serve during the pleasure of the Governor.

(b) The term of the Superintendent of Public Instruction

shall be four years.] Those persons appointed under section

207.1(d)(1) shall serve at the pleasure of the Governor during

the Governor's initial or successive term of office.

other administrative departments, [the Commissioner of the

Pennsylvania State Police,] the members of independent

administrative boards and commissions, of departmental

administrative boards and commissions, and of advisory boards

and commissions, and departmental administrative officers, shall

hold office for terms of four years, from the third Tuesday of

January next following the election of a Governor, and until

their successors shall have been appointed and qualified[:

Provided, That the term of the Commissioner of the Pennsylvania

State Police appointed prior to the third Tuesday of January,

one thousand nine hundred and thirty-nine, shall expire upon

that date, or as soon thereafter as his successor shall have

been appointed and qualified].

Section 213. Deputies.--The Governor shall appoint and fix

the compensation of such number of deputy heads of

administrative departments, except those of the Department of

Auditor General and Treasury Department, as the Executive Board

shall approve, who shall, in the absence of the head of such

department, have the right to exercise all the powers and

perform all the duties by law vested in and imposed upon the

head of such department, except the power to appoint bureau or

division chiefs, or other assistants or employes, and who may,

at any time, exercise such of the powers and perform such of the

duties of the head of his department as may be prescribed by the

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head of his department: Provided, however, That any such deputy

shall not have the right to exercise any power or perform any

duty which the Constitution of the Commonwealth of Pennsylvania

requires the head of his department personally to exercise or

perform.

Whenever there shall be a vacancy in the office of the head

of any department, such deputy as the Governor shall designate

in writing shall exercise the powers and perform the duties of

the head of the department until the vacancy is filled[.] by a

person other than a deputy designated under this section. No

deputy or person may serve as head of the department in any

capacity for longer than thirty (30) days without the Governor

nominating a person under section 207.1(d)(1) and in accordance

with the provisions of the Constitution of the Commonwealth of

Pennsylvania.

With the approval of the Governor in writing, the head of any

department may authorize a named deputy to serve in his stead on

any board or commission, except the Board of Pardons of which

such department head is a member ex-officio. One of the Deputy

Adjutants General shall possess the same qualifications in all

respects as are required by law for the Adjutant General of the

Department of Military Affairs.

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

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