PRINTER'S NO. 1339
No. 1168 Session of 1989
INTRODUCED BY GANNON, BOYES, ANGSTADT, McVERRY, KONDRICH, REBER, LASHINGER AND DURHAM, APRIL 12, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 1989
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 imposing additional limitations on consent decrees. 32 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. Sections 204(e) and 301(12) of the act of October 3 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys 4 Act, are amended to read: 5 Section 204. Legal advice and civil matters. 6 * * * 7 (e) Limitations in civil litigations.--The Attorney General 8 shall not agree to the entry of a consent decree in any action 9 against the Commonwealth or any agency without the approval of 10 the Governor and without both notice to the General Assembly 11 through the offices of the Secretary of the Senate and the Chief 12 Clerk of the House of Representatives and approval of the 13 General Assembly by concurrent resolution. 14 * * * 15 Section 301. General Counsel. 16 There is hereby established the Office of General Counsel 17 which shall be headed by a General Counsel appointed by the 18 Governor to serve at his pleasure who shall be the legal advisor 19 to the Governor and who shall: 20 * * * 21 (12) Not agree to the entry of a consent decree in any 22 action against the Commonwealth or any executive agency 23 without the approval of the Governor and the Attorney General 24 and without both notice to the General Assembly through the 25 offices of the Secretary of the Senate and Chief Clerk of the 26 House of Representatives and approval of the General Assembly 27 by concurrent resolution. 28 Section 2. This act shall apply to all civil litigation 29 commenced on or after the effective date of this act. 30 Section 3. This act shall take effect in 60 days. C16L71RZ/19890H1168B1339 - 2 -