PRINTER'S NO. 478
No. 439 Session of 2005
INTRODUCED BY CAPPELLI, ARMSTRONG, CALTAGIRONE, CLYMER, DALLY, DENLINGER, EACHUS, GEIST, HARPER, PHILLIPS, REICHLEY, SCHRODER, STERN, E. Z. TAYLOR AND THOMAS, FEBRUARY 14, 2005
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 2005
AN ACT 1 Amending the act of October 15, 1980 (P.L.950, No.164), entitled 2 "A supplement to the act of April 9, 1929 (P.L.177, No.175), 3 entitled 'An act providing for and reorganizing the conduct 4 of the executive and administrative work of the Commonwealth 5 by the Executive Department thereof and the administrative 6 departments, boards, commissions, and officers thereof, 7 including the boards of trustees of State Normal Schools, or 8 Teachers Colleges; abolishing, creating, reorganizing or 9 authorizing the reorganization of certain administrative 10 departments, boards, and commissions; defining the powers and 11 duties of the Governor and other executive and administrative 12 officers, and of the several administrative departments, 13 boards, commissions, and officers; fixing the salaries of the 14 Governor, Lieutenant Governor, and certain other executive 15 and administrative officers; providing for the appointment of 16 certain administrative officers, and of all deputies and 17 other assistants and employes in certain departments, boards, 18 and commissions; and prescribing the manner in which the 19 number and compensation of the deputies and all other 20 assistants and employes of certain departments, boards and 21 commissions shall be determined,' implementing the addition 22 of section 4.1 to Article IV of the Constitution of 23 Pennsylvania; establishing the Office of Attorney General 24 elected by the citizens and setting forth powers and duties 25 of the Attorney General; creating an Office of General 26 Counsel and providing for legal services for Commonwealth 27 agencies; transferring, reorganizing or reconstituting 28 certain boards, commissions and agencies; placing certain 29 duties upon the courts and district attorneys; repealing 30 certain acts and parts of acts and making appropriations," 31 further providing for legal advice and civil matters. 32 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. Section 204(e) of the act of October 15, 1980 3 (P.L.950, No.164), known as the Commonwealth Attorneys Act, is 4 amended to read: 5 Section 204. Legal advice and civil matters. 6 * * * 7 (e) Limitations in civil litigations.-- 8 (1) The Attorney General shall not agree to the entry of 9 a consent decree in any action against the Commonwealth or 10 any agency without the approval of the Governor and notice to 11 the General Assembly through the offices of the Secretary of 12 the Senate and the Chief Clerk of the House of 13 Representatives. 14 (2) If the Attorney General represents the Commonwealth 15 or any agency in negotiation of a consent decree, the 16 Attorney General shall continue to represent the Commonwealth 17 or agency if the decree is challenged after entry. 18 * * * 19 Section 2. This act shall take effect in 60 days. A12L71DMS/20050H0439B0478 - 2 -