2023-2024 Regular Session SB 325 PN 1855 Bill Text (HTM)

PRINTER'S NO. 1855

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

325

Session of

2024

INTRODUCED BY DUSH, HUTCHINSON AND J. WARD, SEPTEMBER 5, 2024

REFERRED TO STATE GOVERNMENT, SEPTEMBER 5, 2024

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 department heads, for gubernatorial

appointments and for deputies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 206 introductory paragraph, 207.1(f) 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 206. Department Heads.--[Each] Except as provided in

section 213 of this act, each administrative department shall

have as its head an officer who shall, either personally, by

deputy, or by the duly authorized agent or employe of the

department, and subject at all times to the provisions of this

act, exercise the powers and perform the duties by law vested in

and imposed upon the department.

* * *

Section 207.1. Gubernatorial Appointments.--* * *

(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 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, subject to section 213 of this act, 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 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

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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

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[.], as

follows:

(1) No designation shall be effective for greater than

ninety (90) days.

(2) During the period of designation, the deputy shall have

the title "Deputy - Head of Department."

(3) No deputy may continue as "Deputy - Head of Department"

after the expiration of the period in paragraph (1).

(4) No individual may be designated as deputy more than once

by the same Governor.

(5) No designated deputy may receive salary, compensation or

emoluments which exceeds the highest salary, compensation or

emoluments received by a nondesignated deputy.

(6) No designated deputy shall receive any increase in

salary, compensation or emoluments during the period of

designation or as a result of designation.

(7) A designated deputy shall, upon request of either the

Appropriations Committee of the Senate or the Appropriations

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Committee of the House of Representatives, appear at a hearing

of either committee concerning the Federal or State

appropriations to the department or the budget request of the

department.

In addition to a designated deputy under paragraph (7), a

person nominated by the Governor to a position as the head of

any department shall, during the period which the nomination is

under consideration by the Senate under section 8(b) of Article

IV of the Constitution of Pennsylvania, upon request of either

the Appropriations Committee of the Senate or the Appropriations

Committee of the House of Representatives, appear at a hearing

of either committee concerning the Federal or State

appropriations to the department or the budget request of the

department.

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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