THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, GILLESPIE, BOYD, BROOKS, CUTLER, GABLER, GODSHALL, HAHN, HARRIS, KAUFFMAN AND SWANGER, SEPTEMBER 28, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 28, 2010  

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; 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," further providing for the

Lieutenant Governor, for Board of Pardons and for grounds,

buildings and monuments in general; and making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 201 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, amended July

9, 2010 (P.L.348, No.50), is amended to read:

Section 201.  Executive Officers, Administrative Departments

and Independent Administrative Boards and Commissions.--(a)  The

executive and administrative work of this Commonwealth shall be

performed by the Executive Department, consisting of the

Governor, [Lieutenant Governor,] Secretary of the Commonwealth,

Attorney General, Auditor General, State Treasurer, and

Secretary of Education; by the Executive Board, and the

Pennsylvania State Police; by the following administrative

departments: Department of State, Office of Attorney General,

Department of Corrections, Department of the Auditor General,

Treasury Department, Department of Education, Department of

Military Affairs, Insurance Department, Department of Banking,

Department of Agriculture, Department of Transportation,

Department of Health, Department of Labor and Industry,

Department of Aging, Department of Public Welfare, Department of

General Services, Department of Revenue, Department of Commerce,

Department of Community Affairs and Department of Environmental

Resources; and by the following independent administrative

boards and commissions: Pennsylvania Game Commission,

Pennsylvania Fish Commission, State Civil Service Commission,

Pennsylvania Public Utility Commission and the Pennsylvania

Securities Commission.

(b)  All of the provisions of this act, which apply generally

to administrative departments, or generally except to the

Department of the Auditor General, the Treasury Department and

the Office of Attorney General, shall apply to the Executive

Board and to the Pennsylvania State Police.

Section 2.  Section 403 of the act, amended June 1, 1995 (1st

Sp.Sess., P.L.1017, No.15), is amended to read:

Section 403.  Board of Pardons.--The Board of Pardons shall

consist of [the Lieutenant Governor who shall be chairman,] the

Attorney General, and three members appointed by the Governor as

provided in section 9 of Article IV of the Constitution of

Pennsylvania, one for two years, one for four years, and one for

six years, and thereafter for full terms of six years. The board

shall keep records of its actions, which shall at all times be

open for public inspection.

Three members of the board shall constitute a quorum.

Section 3.  Section 610(a) of the act, added September 27,

1978 (P.L.775, No.149), is amended to read:

Section 610.  Preparation of Budget.--(a)  The Secretary of

the Budget shall, in each year obtain and prepare financial and

program information necessary for the preparation of a State

budget for the budget year beginning July 1 and for the

preparation of financial and program projections for the budget

year and for four succeeding years. He shall, not later than

August 15 of such year distribute to the Governor, [to the

Lieutenant Governor,] to the Auditor General, to the State

Treasurer, to the Attorney General, to each administrative

department, to each independent administrative board and

commission, to the Chief Clerk of the Senate, to the Chief Clerk

of the House of Representatives, to the State court

administrator, and to all institutions or other agencies which

desire State appropriations to be made to them, the proper

instructions and blanks necessary to the preparation of the

budget requests with a notice that such blanks shall be returned

with the information desired, not later than November 1 of the

same year. Such blanks shall be in such form as shall be

prescribed by the secretary, to procure any or all information

pertaining to the purposes of all programs to be funded in the

budget, the revenues, expenditures, program activities and

accomplishments for the preceding fiscal year, for the current

fiscal year, and for the budget year and for four succeeding

years, the appropriations made for the preceding fiscal year,

the expenditures therefrom, encumbrances thereon, the amount

unencumbered and unexpended, an itemized estimate of the

revenues and expenditures of the current fiscal year, for the

budget year and succeeding years, and an estimate of the revenue

amounts needed and program activity and accomplishment levels

for the respective departments, boards, commissions, for

expenses of the General Assembly, for the Judicial Department,

and for any and all institutions, or other agencies to which

appropriations are likely to be made by the General Assembly for

the budget year and ensuing years. Such blanks shall also

require the person returning them to accompany them with a

statement in writing, giving the purposes of each program to be

funded, the expected levels of activity of the programs, the

expected levels of accomplishments and the measures to be used

to determine to what extent the programs have achieved the

stated purposes. In addition such blanks shall require the

person returning them to accompany them with a statement in

writing giving the facts, and an explanation of the methods and

reasons for arriving at the estimates of receipts and

expenditures for the budget year and for four succeeding years.

It shall be the duty of each administrative department, and each

independent administrative board and commission to comply, not

later than November 1, with any and all requests made by the

Secretary of the Budget in connection with the budget.

* * *

Section 4.  Section 702 of the act is repealed:

[Section 702.  Lieutenant Governor.--The Lieutenant Governor

shall exercise such powers and perform such duties as may now or

hereafter be vested in or imposed upon him by the Constitution

and laws of this Commonwealth.]

Section 5.  Section 2402(a) and (o) of the act, amended or

added June 17, 1971 (P.L.163, No.11) and July 22, 1975 (P.L.75,

No.45), are amended to read:

Section 2402.  Grounds, Buildings and Monuments in General.--

The Department of General Services shall have the power, and its

duty shall be:

(a)  Subject to the powers by this act vested in the Board of

Commissioners of Public Grounds and Buildings, to control and

supervise the State Capitol Building, and the public grounds and

buildings connected with the State Capitol, including the State

Arsenal, any building or buildings that may have been devised or

may hereafter be devised to the Commonwealth within the City of

Harrisburg, the Northwest Office Building now occupied by the

Pennsylvania Liquor Control Board, the Pittsburgh State Office

Building, the Philadelphia State Office Building[,] and the

Executive Mansion [and the Mansion of the Lieutenant Governor],

and to make, or supervise the making, of all repairs,

alterations, and improvements, in and about such grounds and

buildings, including the furnishing and refurnishing of the

same, and also to have general supervision over repairs,

alterations, and improvements to all other buildings, lands, and

property of the State, except as in this act otherwise provided:

* * *

[(o)  To maintain, for the use of the Lieutenant Governor,

the Mansion located on the Edward Martin Military Reservation.]

Section 6.  Section 2409-A of the act, amended December 18,

1992 (P.L.1638, No.180), is amended to read:

Section 2409-A.  Exemption for Certain Conveyances.--* * *

(b)  Notwithstanding the provisions of this act, including

without limitation this article or any other act to the

contrary, the Department of General Services is authorized to

convey, with the approval of the Governor, any project within

the meaning of the act of March 31, 1949 (P.L.372, No.34), known

as "The General State Authority Act of one thousand nine hundred

forty-nine," which was conveyed and transferred by resolution of

The General State Authority and under the authority of the act

of July 22, 1975 (P.L.75, No.45), entitled "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; 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,' creating the Department of General Services and

defining its functions, powers and duties; and transferring

certain functions, records, equipment, personnel and

appropriations from the Department of Property and Supplies and

The General State Authority to such department," to the

Department of General Services, provided that:

(1)  The grantee is an institution of higher education

located in this Commonwealth.

(2)  The project was constructed by The General State

Authority on behalf of the grantee.

(3)  The consideration for each conveyance shall be based

upon either the outstanding principle and interest indebtedness

of the project or the total cost of the project adjusted to its

present value as determined by the Department of General

Services in consultation with the Secretary of the Budget.

(4)  All costs of the transaction are borne by the grantee.

(5)  No part of the consideration or transaction costs are

paid with General Fund moneys or Capital Facilities Fund moneys.

(6)  No conveyance shall be made under the authority of this

subsection to an institution of the State System of Higher

Education.

* * *

Section 7.  Upon the ratification of the amendment to the

Constitution of Pennsylvania abolishing the office of Lieutenant

Governor, the Secretary of the Commonwealth shall cause the date

of ratification to be published in the Pennsylvania Bulletin.

Section 8.  This act shall take effect as follows:

(1)  The amendment of sections 201, 403, 610(a), 702,

2402(a) and 2409-A of the act shall take effect upon

publication in the Pennsylvania Bulletin of the ratification

date of the amendment to the Constitution of Pennsylvania

that abolishes the office of Lieutenant Governor.

(2)  Section 7 of this act and this section shall take

effect immediately.