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                                                       PRINTER'S NO. 171

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 165 Session of 2001


        INTRODUCED BY BELL, JANUARY 30, 2001

        REFERRED TO STATE GOVERNMENT, JANUARY 30, 2001

                                     AN ACT

     1  Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
     2     Statutes, further providing for definitions, for disposition
     3     of funds; authorizing the transfer of functions, personnel,
     4     office supplies and equipment relating to the Bureau of
     5     Weights and Measures from the Department of Agriculture to
     6     the Department of State; and providing for the power and duty
     7     of the Legislative Reference Bureau to recodify certain
     8     regulations.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The definitions of "bureau" and "director" in
    12  section 4102 of Title 3 of the Pennsylvania Consolidated
    13  Statutes are amended to read:
    14  § 4102.  Definitions.
    15     The following words and phrases when used in this chapter
    16  shall have the meanings given to them in this section unless the
    17  context clearly indicates otherwise:
    18     "Bureau."  The Bureau of Ride and Measurement Standards in
    19  the Department of [Agriculture] State.
    20     * * *


     1     "Director."  The Director of the Bureau of Ride and
     2  Measurement Standards in the Department of [Agriculture] State.
     3     * * *
     4     Section 2.  Title 3 is amended by adding a section to read:
     5  § 4103.  Transfer authorized.
     6     (a)  Functions to the Department of State.--The functions of
     7  the Department of Agriculture set forth in this title or any
     8  other law relating to weights and measures are hereby
     9  transferred to the Department of State.
    10     (b)  Personnel, equipment and other items.--All personnel,
    11  allocations, equipment, files, records, contracts, agreements,
    12  obligations and other materials which are used, employed or
    13  expended in connection with the powers, duties or functions
    14  transferred by this section to the Department of State are
    15  hereby transferred to the Department of State with the same
    16  force and effect as if the appropriations had been made to and
    17  these items had been the property of the Department of State in
    18  the first instance and as if the contracts, agreements and
    19  obligations had been incurred or entered into by the Department
    20  of State.
    21     (c)  Division of general administrative personnel and
    22  materials.--The personnel, appropriations, equipment and other
    23  items and materials transferred by this section shall include an
    24  appropriate portion of the general administrative, overhead and
    25  supporting personnel, appropriations, equipment and other
    26  materials of the Department of Agriculture and shall also
    27  include, where applicable, Federal grants and funds and other
    28  benefits from any Federal program.
    29     (d)  Retention of civil service status.--All personnel
    30  transferred under this section shall retain any civil service
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     1  employment status assigned to them prior to the effective date
     2  of this section.
     3     Section 3.  Section 4193(a) of Title 3 is amended to read:
     4  § 4193.  Disposition of funds.
     5     (a)  Deposit in State Treasury.--When the proceeding is
     6  instituted by the department, moneys received from fines and
     7  civil penalties shall be paid into the State Treasury and shall
     8  be credited to the general government appropriations of the
     9  Department of [Agriculture] State for administering the
    10  provisions of this chapter.
    11     * * *
    12     Section 4.  The Legislative Reference Bureau has the power
    13  and duty to recodify regulations to effectuate the provisions of
    14  this act.
    15     Section 5.  In accordance with section 7, all references to
    16  the Department of Agriculture in affected acts or portions of
    17  acts shall, after the effective date of this act, be deemed to
    18  be references to the Department of State unless otherwise
    19  provided by this act.
    20     Section 6.  The Department of State may continue to use or
    21  recycle all forms, stationery, business cards and other office
    22  supplies or materials transferred by this act and that contain
    23  references to the Department of Agriculture until those supplies
    24  and materials are depleted.
    25     Section 7.  All acts and parts of acts are repealed insofar
    26  as they are inconsistent with this act.
    27     Section 8.  This act shall take effect in 60 days.


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