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| PRIOR PRINTER'S NO. 1255 | PRINTER'S NO. 1993 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, PILEGGI, SCARNATI, BROWNE, SMUCKER, FONTANA, ALLOWAY, WAUGH, EARLL, FOLMER, WILLIAMS, YUDICHAK AND BRUBAKER, MAY 24, 2011 |
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| SENATOR SMUCKER, INTERGOVERNMENTAL OPERATIONS, AS AMENDED, MARCH 7, 2012 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and | <-- |
2 | Judicial Procedure), 46 (Legislature), 53 (Municipalities |
3 | Generally), 61 (Prisons and Parole) and 75 (Vehicles) of the |
4 | Pennsylvania Consolidated Statutes, by codifying and adding |
5 | provisions relating to certain legislative service agencies; |
6 | and making conforming amendments and related repeals. |
7 | Providing for government support agencies including their | <-- |
8 | organization and their powers and duties; consolidating |
9 | certain existing agencies into a new agency and providing for |
10 | its organization and its powers and duties; providing for |
11 | implementation and the transition of the existing agencies |
12 | into the new agency; and making related repeals. |
13 | TABLE OF CONTENTS |
14 | Chapter 1. Preliminary Provisions |
15 | Section 101. Short title. |
16 | Section 102. Purposes. |
17 | Section 103. Definitions. |
18 | Section 104. Cooperation among agencies. |
19 | Chapter 3. Legislative Reference Bureau |
20 | Section 301. Definitions. |
21 | Section 302 Legislative Reference Bureau. |
22 | Section 303. Director. |
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1 | Section 304. Qualifications and duties of director. |
2 | Section 305. Assistant director. |
3 | Section 306. Staff. |
4 | Section 307. Hours of operation. |
5 | Section 308. Legislative and public documents. |
6 | Section 309. Duties of bureau. |
7 | Section 310. Availability for consultation. |
8 | Section 311. Contracts for printing statutes. |
9 | Chapter 5. Legislative Data Processing Committee |
10 | Section 501. Definitions. |
11 | Section 502. Legislative Data Processing Committee. |
12 | Section 503. Powers and duties. |
13 | Section 504. Duties and qualifications of executive director. |
14 | Section 505. Prohibitions. |
15 | Section 506. Reimbursement of expenses. |
16 | Chapter 7. Capitol Preservation Committee |
17 | Section 701. Legislative findings and declaration of policy. |
18 | Section 702. Definitions. |
19 | Section 703. Capitol Preservation Committee. |
20 | Section 704. Powers and duties. |
21 | Section 705. Capitol Restoration Trust Fund. |
22 | Chapter 9. Local Government Commission |
23 | Section 901. Definitions. |
24 | Section 902. Commission. |
25 | Section 903. Duties. |
26 | Section 904. Code compilation. |
27 | Section 905. Powers. |
28 | Section 906. Reporting. |
29 | Section 907. Appropriations. |
30 | Chapter 11. Pennsylvania Office for Research and Public Policy |
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1 | Subchapter A. General Provisions |
2 | Section 1101. Definitions. |
3 | Section 1102. Pennsylvania Office for Research and Public |
4 | Policy. |
5 | Section 1103. Collaboration. |
6 | Subchapter B. General Research Unit |
7 | Section 1111. General Research Committee. |
8 | Section 1112. Powers and duties. |
9 | Subchapter C. Program Evaluation Unit |
10 | Section 1121. Program Evaluation Committee. |
11 | Section 1122. Powers and duties. |
12 | Subchapter D. Air and Water Pollution Unit |
13 | Section 1131. Air and Water Pollution Committee. |
14 | Section 1132. Powers and duties. |
15 | Subchapter E. Rural Conditions Unit. |
16 | Section 1141. Rural Conditions Committee. |
17 | Section 1142. Powers and duties. |
18 | Chapter 21. Miscellaneous Provisions |
19 | Section 2101. References. |
20 | Section 2102. Repeals. |
21 | Section 2103. Continuations. |
22 | Section 2104. Implementation. |
23 | Section 2105. Transition. |
24 | Section 2106. Federal funds; programs. |
25 | Section 2107. Effective date. |
26 | The General Assembly of the Commonwealth of Pennsylvania |
27 | hereby enacts as follows: |
28 | Section 1. Section 3702(b) of Title 18 of the Pennsylvania | <-- |
29 | Consolidated Statutes is amended to read: |
30 | § 3702. Robbery of motor vehicle. |
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1 | * * * |
2 | (b) Sentencing.--The Pennsylvania Commission on Sentencing, |
3 | pursuant to [42 Pa.C.S. § 2154] 46 Pa.C.S. § 5905 (relating to |
4 | adoption of guidelines for sentencing), shall provide for a |
5 | sentencing enhancement for an offense under this section. |
6 | Section 2. Subchapter F heading and sections 2151.1, 2151.2, |
7 | 2152 and 2153 of Title 42 are repealed: |
8 | [SUBCHAPTER F |
9 | PENNSYLVANIA COMMISSION ON SENTENCING |
10 | § 2151.1. Definitions. |
11 | The following words and phrases when used in this subchapter |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Board." The Pennsylvania Board of Probation and Parole. |
15 | "Commission." The Pennsylvania Commission on Sentencing |
16 | established in section 2151.2 (relating to commission). |
17 | "Department." The Department of Corrections of the |
18 | Commonwealth. |
19 | § 2151.2. Commission. |
20 | (a) General rule.--The commission shall be established as an |
21 | agency of the General Assembly and shall consist of 11 persons |
22 | selected as provided in this subchapter. |
23 | (b) Seal.--The commission shall have a seal engraved with |
24 | its name and such other inscription as may be specified by |
25 | regulation of the commission. |
26 | § 2152. Composition of commission. |
27 | (a) General rule.--The Pennsylvania Commission on Sentencing |
28 | shall consist of: |
29 | (1) Two members of the House of Representatives selected |
30 | by the Speaker of the House of Representatives, no more than |
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1 | one of whom shall be of the same political party. |
2 | (2) Two members of the Senate of Pennsylvania selected |
3 | by the President pro tempore of the Senate, no more than one |
4 | of whom shall be of the same political party. |
5 | (3) Four judges of courts of record selected by the |
6 | Chief Justice of Pennsylvania. |
7 | (4) Three persons appointed by the Governor, who shall |
8 | be, respectively: |
9 | (i) A district attorney. |
10 | (ii) A defense attorney. |
11 | (iii) Either a professor of law or a criminologist. |
12 | (a.1) Ex officio members.--The Secretary of Corrections, the |
13 | victim advocate appointed under section 301 of the act of |
14 | November 24, 1998 (P.L.882, No.111), known as the Crime Victims |
15 | Act, and the chairman of the board, during their tenure in their |
16 | respective positions, shall serve as ex officio nonvoting |
17 | members of the commission. |
18 | (b) Terms of office.--The members of the commission shall |
19 | serve for terms of two years and until a successor has been |
20 | selected and qualified. A vacancy on the commission shall be |
21 | filled for the balance of the term. |
22 | (c) Chairman and executive director.--The commission shall |
23 | select a chairman from its members and an executive director. |
24 | The chairman shall: |
25 | (1) Preside at meetings of the commission. |
26 | (2) Direct the preparation of requests for |
27 | appropriations for the commission and the use of funds made |
28 | available to the commission. |
29 | (d) Meetings and quorum.-- |
30 | (1) The commission shall meet at least four times a year |
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1 | and not less than semiannually to establish its general |
2 | policies and rules. |
3 | (2) The commission shall be deemed an "agency" within |
4 | the meaning of and shall be subject to the provisions of the |
5 | act of July 19, 1974 (P.L.486, No.175), referred to as the |
6 | Public Agency Open Meeting Law. |
7 | (3) Seven commissioners shall constitute a quorum for |
8 | the purpose of adopting proposed initial and initial and |
9 | subsequent guidelines. A majority of commissioners shall |
10 | constitute a quorum for all other purposes. |
11 | (4) Minutes of meetings shall be kept by the executive |
12 | director and filed at the executive office of the commission. |
13 | (e) Records of action.--Except as otherwise provided by |
14 | statute, the commission shall maintain and make available for |
15 | public inspection a record of the final vote of each member on |
16 | any action taken by it. |
17 | (f) Expenses.--Each commissioner shall be entitled to |
18 | reimbursement for his accountable expenses incurred while |
19 | engaged in the business of the commission. |
20 | § 2153. Powers and duties. |
21 | (a) General rule.--The commission, pursuant to rules and |
22 | regulations, shall have the power to: |
23 | (1) Establish general policies and promulgate such rules |
24 | and regulations for the commission as are necessary to carry |
25 | out the purposes of this subchapter and Chapter 97 (relating |
26 | to sentencing). |
27 | (2) Utilize, with their consent, the services, |
28 | equipment, personnel, information and facilities of Federal, |
29 | State, local and private agencies and instrumentalities with |
30 | or without reimbursement therefor. |
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1 | (3) Enter into and perform such contracts, leases, |
2 | cooperative agreements and other transactions as may be |
3 | necessary in the conduct of the functions of the commission, |
4 | with any public agency or with any person, firm, association, |
5 | corporation, educational institution or nonprofit |
6 | organization. |
7 | (4) Request such information, data and reports from any |
8 | officer or agency of the Commonwealth government as the |
9 | commission may from time to time require and as may be |
10 | produced consistent with other law. |
11 | (5) Arrange with the head of any government unit for the |
12 | performance by the government unit of any function of the |
13 | commission, with or without reimbursement. |
14 | (6) Issue invitations requesting the attendance and |
15 | testimony of witnesses and the production of any evidence |
16 | that relates directly to a matter with respect to which the |
17 | commission or any member thereof is empowered to make a |
18 | determination under this subchapter. |
19 | (7) Establish a research and development program within |
20 | the commission for the purpose of: |
21 | (i) Serving as a clearinghouse and information |
22 | center for the collection, preparation and dissemination |
23 | of information on Commonwealth sentencing, resentencing |
24 | and parole practices. |
25 | (ii) Assisting and serving in a consulting capacity |
26 | to the board, State courts, departments and agencies in |
27 | the development, maintenance and coordination of sound |
28 | sentencing, resentencing and parole practices. |
29 | (8) Collect systematically the data obtained from |
30 | studies, research and the empirical experience of public and |
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1 | private agencies concerning the sentencing processes. |
2 | (9) Publish data concerning the sentencing and parole |
3 | processes. |
4 | (10) Collect systematically and disseminate information |
5 | concerning parole dispositions and sentences actually |
6 | imposed, including initial sentences and any subsequent |
7 | modification of sentences or resentences following revocation |
8 | or remand, and parole and reparole decisions by the board and |
9 | any other paroling authority. |
10 | (11) Collect systematically and disseminate information |
11 | regarding effectiveness of parole dispositions and sentences |
12 | imposed. |
13 | (12) Make recommendations to the General Assembly |
14 | concerning modification or enactment of sentencing, parole |
15 | and correctional statutes which the commission finds to be |
16 | necessary and advisable to carry out an effective, humane and |
17 | rational sentencing, resentencing and parole policy. |
18 | (13) Establish a plan and timetable to collect and |
19 | disseminate information relating to incapacitation, |
20 | recidivism, deterrence and overall effectiveness of sentences |
21 | and parole dispositions imposed. |
22 | (14) Establish a program to systematically monitor |
23 | compliance with the guidelines, with recommitment ranges and |
24 | with mandatory sentencing laws to document eligibility for |
25 | and releases pursuant to a county reentry plan, to document |
26 | eligibility for and imposition of recidivism risk reduction |
27 | incentive minimum sentences and to document all parole and |
28 | reparole decisions by the board and any other paroling |
29 | authority by: |
30 | (i) Promulgating forms which document the |
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1 | application of sentencing, resentencing and parole |
2 | guidelines, mandatory sentencing laws, releases pursuant |
3 | to a county reentry plan, recommitment ranges and |
4 | recidivism risk reduction incentive minimum sentences and |
5 | collecting information on all parole and reparole |
6 | decisions by the board and any other paroling authority. |
7 | (ii) Requiring the timely completion and electronic |
8 | submission of such forms to the commission. |
9 | (15) Prior to adoption of changes to guidelines for |
10 | sentencing, resentencing and parole and recommitment ranges |
11 | following revocation, use a correctional population |
12 | simulation model to determine: |
13 | (i) Resources that are required under current |
14 | guidelines and ranges. |
15 | (ii) Resources that would be required to carry out |
16 | any proposed changes to the guidelines and ranges. |
17 | (b) Annual reports.--The commission shall report annually to |
18 | the General Assembly, the Administrative Office of Pennsylvania |
19 | Courts and the Governor on the activities of the commission. |
20 | (c) Additional powers and duties.--The commission shall have |
21 | such other powers and duties and shall perform such other |
22 | functions as may be necessary to carry out the purposes of this |
23 | subchapter or as may be provided under any other provision of |
24 | law and may delegate to any commissioner or designated person |
25 | such powers as may be appropriate other than the power to |
26 | establish general policies, guidelines, rules and factors under |
27 | subsection (a)(1).] |
28 | Section 3. Section 2154 of Title 42, amended October 27, |
29 | 2010 (P.L.931, No.95), is repealed: |
30 | [§ 2154. Adoption of guidelines for sentencing. |
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1 | (a) General rule.--The commission shall adopt guidelines for |
2 | sentencing within the limits established by law which shall be |
3 | considered by the sentencing court in determining the |
4 | appropriate sentence for defendants who plead guilty or nolo |
5 | contendere to, or who were found guilty of, felonies and |
6 | misdemeanors. In adopting guidelines, the commission shall |
7 | recommend confinement that is consistent with the protection of |
8 | the public, the gravity of the offense as it relates to the |
9 | impact on the life of the victim and the community and the |
10 | rehabilitative needs of the offender. The guidelines shall |
11 | address the following: |
12 | (1) Seriousness of the offense, by specifying the range |
13 | of sentences applicable to crimes of a given degree of |
14 | gravity, including incapacitation of serious violent |
15 | offenders. |
16 | (2) Criminal history, by specifying a range of sentences |
17 | of increased severity for offenders previously convicted of |
18 | or adjudicated delinquent for one or more misdemeanor or |
19 | felony offenses committed prior to the current offense. |
20 | (3) Criminal behavior, by specifying a range of |
21 | sentences of increased severity for offenders who pose a |
22 | substantial risk to public safety, including those who |
23 | possessed or used a deadly weapon during the commission of |
24 | the current conviction offense. |
25 | (4) Aggravated and mitigated ranges, by specifying |
26 | variations from the range of sentences applicable on account |
27 | of aggravating or mitigating circumstances. |
28 | (5) The impact of any amendments to section 9756 |
29 | (relating to sentence of total confinement). |
30 | (b) Definitions.--As used in this section, the following |
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1 | words and phrases shall have the meanings given to them in this |
2 | subsection unless the context clearly indicates otherwise: |
3 | "Possessed." On a defendant's person or within the |
4 | defendant's immediate physical control. |
5 | "Previously convicted of or adjudicated delinquent." Any |
6 | finding of guilt or adjudication of delinquency, whether or not |
7 | sentence has been imposed or disposition ordered prior to the |
8 | commission of the current offense.] |
9 | Section 4. Section 2154.1 of Title 42 is repealed: |
10 | [§ 2154.1. Adoption of guidelines for county intermediate |
11 | punishment. |
12 | The commission shall adopt guidelines to identify offenders |
13 | who would be eligible and appropriate for participation in |
14 | county intermediate punishment programs. These guidelines shall |
15 | be considered by the sentencing court in determining whether to |
16 | sentence an offender pursuant to section 9763 (relating to |
17 | sentence of county intermediate punishment). The guidelines |
18 | shall: |
19 | (1) Use the description of "eligible offender" provided |
20 | in Chapter 98 (relating to county intermediate punishment). |
21 | (2) Give primary consideration to protection of the |
22 | public safety.] |
23 | Section 5. Section 2154.2 of Title 42, amended October 27, |
24 | 2010 (P.L.931, No.95), is repealed: |
25 | [§ 2154.2. Adoption of guidelines for State intermediate |
26 | punishment. |
27 | The commission shall adopt guidelines to identify offenders |
28 | who would be appropriate for participation in State intermediate |
29 | punishment programs. These guidelines shall be considered by the |
30 | attorney for the Commonwealth and the sentencing court in |
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1 | determining whether to commit a defendant for evaluation and |
2 | whether to sentence an eligible offender pursuant to 61 Pa.C.S. |
3 | Ch. 41 (relating to State intermediate punishment). The |
4 | guidelines shall: |
5 | (1) Use the description of "eligible offender" provided |
6 | in 61 Pa.C.S. Ch. 41. |
7 | (2) Give primary consideration to protection of the |
8 | public safety.] |
9 | Section 6. Sections 2154.3, 2154.4, 2154.5, 2154.6, 2154.7, |
10 | 2155 and 2156 of Title 42 are repealed: |
11 | [§ 2154.3. Adoption of guidelines for fines. |
12 | The commission shall adopt guidelines for fines or other |
13 | lawful economic sanctions, within the limits established by law, |
14 | which shall be considered by the sentencing court in determining |
15 | the appropriate sentence for defendants who plead guilty or nolo |
16 | contendere to or who are found guilty of felonies and |
17 | misdemeanors. The guidelines shall do all of the following: |
18 | (1) Specify the range of fines or other lawful economic |
19 | sanctions, applicable to crimes of a given degree of gravity. |
20 | (2) Specify a range of fines or other lawful economic |
21 | sanctions of increased amount for defendants previously |
22 | convicted or adjudicated delinquent for one or more |
23 | misdemeanor or felony offenses committed prior to the current |
24 | offense. For purposes of this paragraph, the term "previously |
25 | convicted or adjudicated delinquent" shall include any |
26 | finding of guilt or adjudication of delinquency whether or |
27 | not sentence has been imposed or disposition ordered prior to |
28 | the commission of the current offense. |
29 | (3) Prescribe variations from the range of fines |
30 | applicable on account of aggravating or mitigating |
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1 | circumstances. |
2 | (4) Prescribe community service alternatives which may |
3 | be imposed in lieu of all or part of the fines where the |
4 | sentencing court finds the defendant lacks the ability to pay |
5 | all or part of the fine. |
6 | § 2154.4. Adoption of guidelines for resentencing. |
7 | The commission shall adopt guidelines that shall be |
8 | considered by the court when resentencing an offender following |
9 | revocation of probation, county intermediate punishment or State |
10 | intermediate punishment. The guidelines shall take into account: |
11 | (1) Factors considered in adopting the sentencing |
12 | guidelines. |
13 | (2) The seriousness of the violation. |
14 | (3) The rehabilitative needs of the defendant. |
15 | § 2154.5. Adoption of guidelines for parole. |
16 | (a) Adoption.--The commission shall adopt guidelines that |
17 | shall be considered by the board and any other paroling entity |
18 | when exercising its power to parole and reparole all persons |
19 | sentenced by any court in this Commonwealth to imprisonment in |
20 | any correctional institution. The guidelines shall do all of the |
21 | following: |
22 | (1) Give primary consideration to the protection of the |
23 | public and to victim safety. |
24 | (2) Provide for due consideration of victim input. |
25 | (3) Be designed to encourage inmates and parolees to |
26 | conduct themselves in accordance with conditions and rules of |
27 | conduct set forth by the department or other prison |
28 | facilities and the board. |
29 | (4) Be designed to encourage inmates and parolees to |
30 | participate in programs that have been demonstrated to be |
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1 | effective in reducing recidivism, including appropriate drug |
2 | and alcohol treatment programs. |
3 | (5) Provide for prioritization of incarceration, |
4 | rehabilitation and other criminal justice resources for |
5 | offenders posing the greatest risk to public safety. |
6 | (6) Use validated risk assessment tools, be evidence |
7 | based and take into account available research relating to |
8 | the risk of recidivism, minimizing the threat posed to public |
9 | safety and factors maximizing the success of reentry. |
10 | (b) Discretionary authority.--Notwithstanding any other |
11 | provision of law, this section shall not remove the |
12 | discretionary parole authority of the board and any other |
13 | paroling entity when exercising its power to parole and |
14 | reparole. |
15 | § 2154.6. Adoption of recommitment ranges following revocation |
16 | of parole by board. |
17 | (a) Recommitment ranges.--The commission shall adopt |
18 | recommitment ranges that shall be considered by the board when |
19 | exercising its power to reparole, commit and recommit for |
20 | violations of parole any person sentenced by a court in this |
21 | Commonwealth to imprisonment in any correctional institution. |
22 | The recommitment ranges shall take into account the seriousness |
23 | of the initial conviction offense, the level of seriousness of |
24 | the violation and the rehabilitative needs of the defendant. At |
25 | the end of the recommittal period, the parole violator shall be |
26 | reviewed for parole or, without further review, shall be |
27 | reparoled. |
28 | (b) Deviation.--In every case in which the board deviates |
29 | from the recommitment ranges, the board shall provide a |
30 | contemporaneous written statement of the reasons for the |
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1 | deviation from the recommitment ranges to the commission as |
2 | established under section 2153(a)(14) (relating to powers and |
3 | duties). |
4 | (c) Definitions.--As used in this section, the following |
5 | words and phrases shall have the meanings given to them in this |
6 | subsection: |
7 | "Recommitment range." A range of time within which a parole |
8 | violator may be recommitted to serve an additional part of the |
9 | term the parole violator would have been compelled to serve had |
10 | the parole violator not been paroled. |
11 | § 2154.7. Adoption of risk assessment instrument. |
12 | (a) General rule.--The commission shall adopt a sentence |
13 | risk assessment instrument for the sentencing court to use to |
14 | help determine the appropriate sentence within the limits |
15 | established by law for defendants who plead guilty or nolo |
16 | contendere to or who were found guilty of felonies and |
17 | misdemeanors. The risk assessment instrument may be used as an |
18 | aide in evaluating the relative risk that an offender will |
19 | reoffend and be a threat to public safety. |
20 | (b) Sentencing guidelines.--The risk assessment instrument |
21 | may be incorporated into the sentencing guidelines under section |
22 | 2154 (relating to adoption of guidelines for sentencing). |
23 | (c) Presentence investigation report.--Subject to the |
24 | provisions of the Pennsylvania Rules of Criminal Procedure, the |
25 | sentencing court may use the risk assessment instrument to |
26 | determine whether a more thorough assessment is necessary and to |
27 | order a presentence investigation report. |
28 | (d) Alternative sentencing.--Subject to the eligibility |
29 | requirements of each program, the risk assessment instrument may |
30 | be an aide to help determine appropriate candidates for |
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1 | alternative sentencing, including the recidivism risk reduction |
2 | incentive, State and county intermediate punishment programs and |
3 | State motivational boot camps. |
4 | (e) Definition.--As used in this section, the term "risk |
5 | assessment instrument" means an empirically based worksheet |
6 | which uses factors that are relevant in predicting recidivism. |
7 | § 2155. Publication of guidelines for sentencing, resentencing |
8 | and parole and recommitment ranges following |
9 | revocation. |
10 | (a) General rule.--The commission shall: |
11 | (1) Prior to adoption, publish in the Pennsylvania |
12 | Bulletin all proposed sentencing guidelines, resentencing |
13 | guidelines following revocation of probation, county |
14 | intermediate punishment and State intermediate punishment, |
15 | parole guidelines and recommitment ranges following |
16 | revocation by the board of paroles granted, and hold public |
17 | hearings not earlier than 30 days and not later than 60 days |
18 | thereafter to afford an opportunity for the following persons |
19 | and organizations to testify: |
20 | (i) Pennsylvania District Attorneys Association. |
21 | (ii) Chiefs of Police Associations. |
22 | (iii) Fraternal Order of Police. |
23 | (iv) Public Defenders Organization. |
24 | (v) Law school faculty members. |
25 | (vi) State Board of Probation and Parole. |
26 | (vii) Department of Corrections. |
27 | (viii) Pennsylvania Bar Association. |
28 | (ix) Pennsylvania Wardens Association. |
29 | (x) Pennsylvania Association on Probation, Parole |
30 | and Corrections. |
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1 | (xi) Pennsylvania Conference of State Trial Judges. |
2 | (xii) Any other interested person or organization. |
3 | (2) Publish in the Pennsylvania Bulletin sentencing |
4 | guidelines as adopted by the commission. |
5 | (b) Rejection by General Assembly.--Subject to gubernatorial |
6 | review pursuant to section 9 of Article III of the Constitution |
7 | of Pennsylvania, the General Assembly may by concurrent |
8 | resolution reject in their entirety any guidelines or |
9 | recommitment ranges adopted by the commission within 90 days of |
10 | their publication in the Pennsylvania Bulletin pursuant to |
11 | subsection (a)(2). |
12 | (c) Effective date.--Sentencing guidelines, resentencing |
13 | guidelines following revocation of probation, county |
14 | intermediate punishment and State intermediate punishment, |
15 | parole guidelines and recommitment ranges following revocation |
16 | by the board of paroles granted, adopted by the commission shall |
17 | become effective 90 days after publication in the Pennsylvania |
18 | Bulletin pursuant to subsection (a)(2) unless disapproved |
19 | pursuant to subsection (b) and shall apply to sentences and |
20 | resentences and parole decisions made after the effective date |
21 | of the guidelines. If not disapproved, the commissioners shall |
22 | conduct training and orientation for trial court judges and |
23 | board members prior to the effective date of the guidelines and |
24 | recommitment ranges. |
25 | § 2156. Severability of subchapter. |
26 | The provisions of this subchapter are severable. If any |
27 | provision of this subchapter or its application to any person or |
28 | circumstance is held invalid, the invalidity shall not affect |
29 | other provisions or applications of this subchapter which can be |
30 | given effect without the invalid provision or application.] |
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1 | Section 7. Section 9721(b) and 9781(d)(4) of Title 42 are |
2 | amended to read: |
3 | § 9721. Sentencing generally. |
4 | * * * |
5 | (b) General standards.--In selecting from the alternatives |
6 | set forth in subsection (a), the court shall follow the general |
7 | principle that the sentence imposed should call for confinement |
8 | that is consistent with the protection of the public, the |
9 | gravity of the offense as it relates to the impact on the life |
10 | of the victim and on the community, and the rehabilitative needs |
11 | of the defendant. The court shall also consider any guidelines |
12 | for sentencing and resentencing adopted by the Pennsylvania |
13 | Commission on Sentencing and taking effect under [section 2155] |
14 | 46 Pa.C.S. § 5913 (relating to publication of guidelines for |
15 | sentencing, resentencing and parole and recommitment ranges |
16 | following revocation). In every case in which the court imposes |
17 | a sentence for a felony or misdemeanor, modifies a sentence, |
18 | resentences an offender following revocation of probation, |
19 | county intermediate punishment or State intermediate punishment |
20 | or resentences following remand, the court shall make as a part |
21 | of the record, and disclose in open court at the time of |
22 | sentencing, a statement of the reason or reasons for the |
23 | sentence imposed. In every case where the court imposes a |
24 | sentence or resentence outside the guidelines adopted by the |
25 | Pennsylvania Commission on Sentencing under [sections 2154] 46 |
26 | Pa.C.S. §§ 5905 (relating to adoption of guidelines for |
27 | sentencing), [2154.1] 5906 (relating to adoption of guidelines |
28 | for county intermediate punishment), [2154.2] 5907 (relating to |
29 | adoption of guidelines for State intermediate punishment), |
30 | [2154.3] 5908 (relating to adoption of guidelines for fines), |
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1 | [2154.4] 5909 (relating to adoption of guidelines for |
2 | resentencing) and [2154.5] 5910 (relating to adoption of |
3 | guidelines for parole) and made effective under [section 2155] |
4 | 46 Pa.C.S. § 5913, the court shall provide a contemporaneous |
5 | written statement of the reason or reasons for the deviation |
6 | from the guidelines to the commission, as established under |
7 | [section 2153(a)(14)] 46 Pa.C.S. § 5904(a)(14) (relating to |
8 | powers and duties). Failure to comply shall be grounds for |
9 | vacating the sentence or resentence and resentencing the |
10 | defendant. |
11 | * * * |
12 | § 9781. Appellate review of sentence. |
13 | * * * |
14 | (d) Review of record.--In reviewing the record the appellate |
15 | court shall have regard for: |
16 | * * * |
17 | (4) The guidelines promulgated by the [commission] |
18 | Pennsylvania Commission on Sentencing under 46 Pa.C.S. Ch. 59 |
19 | (relating to Pennsylvania Commission on Sentencing). |
20 | * * * |
21 | Section 8. Title 46 is amended by adding parts to read: |
22 | PART I |
23 | GENERAL PROVISIONS |
24 | Chapter |
25 | 1. Preliminary Provisions |
26 | CHAPTER 1 |
27 | PRELIMINARY PROVISIONS |
28 | Sec. |
29 | 101. Short title. |
30 | § 101. Short title. |
|
1 | This title shall be known and may be cited as the Legislative |
2 | Code. |
3 | PART II |
4 | MEMBERS OF THE GENERAL ASSEMBLY |
5 | (Reserved) |
6 | PART III |
7 | OFFICERS AND EMPLOYEES |
8 | (Reserved) |
9 | PART IV |
10 | ADMINISTRATIVE MATTERS |
11 | (Reserved) |
12 | PART V |
13 | LEGISLATIVE SERVICE AGENCIES |
14 | Chapter |
15 | 51. General provisions |
16 | 53. Legislative Reference Bureau |
17 | 55. Legislative Data Processing Committee |
18 | 57. Capitol Preservation Committee |
19 | 59. Pennsylvania Commission on Sentencing |
20 | 61. Pennsylvania Office for Research and Public Policy |
21 | CHAPTER 51 |
22 | GENERAL PROVISIONS |
23 | Sec. |
24 | 5101. Definitions. |
25 | 5102. Cooperation among agencies. |
26 | § 5101. Definitions. |
27 | The following words and phrases when used in this part shall |
28 | have the meanings given to them in this section unless the |
29 | context clearly indicates otherwise: |
30 | "Legislative service agency." Any of the following: |
|
1 | (1) The Legislative Reference Bureau. |
2 | (2) The Legislative Data Processing Committee. |
3 | (3) The Capitol Preservation Committee. |
4 | (4) The Pennsylvania Commission on Sentencing. |
5 | (5) The Legislative Research and Policy Development |
6 | Office. |
7 | § 5102. Cooperation among agencies. |
8 | (a) General rule.--The executive directors of the |
9 | legislative service agencies shall meet to discuss how their |
10 | respective legislative service agencies may support each other |
11 | to better serve the General Assembly. The executive director of |
12 | the Pennsylvania Office of Research and Public Policy shall |
13 | schedule the meetings with a goal of meeting at least quarterly. |
14 | (b) Development of procedures.--The executive directors may |
15 | develop procedures for sharing employees for certain projects. |
16 | CHAPTER 53 |
17 | LEGISLATIVE REFERENCE BUREAU |
18 | Sec. |
19 | 5301. Definitions. |
20 | 5302. Legislative Reference Bureau. |
21 | 5303. Director. |
22 | 5304. Qualifications and duties of director. |
23 | 5305. Assistant director. |
24 | 5306. Staff. |
25 | 5307. Hours of operation. |
26 | 5308. Legislative and public documents. |
27 | 5309. Duties of bureau. |
28 | 5310. Availability for consultation. |
29 | 5311. Contracts for printing statutes. |
30 | § 5301. Definitions. |
|
1 | The following words and phrases when used in this chapter |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Bureau." The Legislative Reference Bureau established by |
5 | this chapter. |
6 | "Director." The Director of the Legislative Reference |
7 | Bureau. |
8 | § 5302. Legislative Reference Bureau. |
9 | (a) Establishment.--The Legislative Reference Bureau is |
10 | established for the use and information of the Governor, the |
11 | members of the General Assembly, the heads of the departments of |
12 | State government and the citizens of this Commonwealth who wish |
13 | to consult the bureau. |
14 | (b) Location.--The bureau shall be located in the Main |
15 | Capitol Building. |
16 | § 5303. Director. |
17 | The Director of the Legislative Reference Bureau shall be in |
18 | charge of the bureau and shall be elected biennially before the |
19 | first day of February, each odd-numbered year, by the Senate and |
20 | House of Representatives in joint session. |
21 | § 5304. Qualifications and duties of director. |
22 | (a) General rule.--The director shall be: |
23 | (1) Qualified by experience, knowledge and ability to |
24 | conduct the work of the bureau. |
25 | (2) Knowledgeable in legislative procedure and |
26 | parliamentary practice and shall in such matters, when called |
27 | upon to do so, serve as an ex officio advisor to the General |
28 | Assembly. |
29 | (b) Bond.--The person elected as director shall give bond in |
30 | the sum of $10,000 for the faithful performance of the person's |
|
1 | duties and shall devote the person's whole time and attention to |
2 | the duties of the office for which the person is elected. |
3 | (c) Access to legislative documents.--The director shall |
4 | have access to the law library and its publications of the |
5 | various state governments and the Federal Government, which may |
6 | be generally classed as legislative documents. |
7 | (d) Salary.--The annual salary of the director shall be |
8 | determined jointly by the President pro tempore of the Senate, |
9 | the Minority Leader of the Senate, the Speaker of the House of |
10 | Representatives and the Minority Leader of the House of |
11 | Representatives. |
12 | § 5305. Assistant director. |
13 | (a) Appointment by director.--The director shall appoint an |
14 | assistant director who must be learned in the law and a skilled |
15 | bill drafter. |
16 | (b) Salary and duties.-- |
17 | (1) The assistant director shall receive a salary as |
18 | fixed by the director. |
19 | (2) The assistant director shall perform the duties of |
20 | the director in the case of a vacancy in that office or in |
21 | case of the absence or inability of the director to act. |
22 | (3) The assistant director shall perform such other |
23 | duties as may be assigned by the director. |
24 | § 5306. Staff. |
25 | (a) Appointment by director.--The director shall appoint a |
26 | trained librarian and such attorneys-at-law, clerks, |
27 | secretaries, stenographers, typists, messengers and other |
28 | employees, as the director deems necessary, and for such periods |
29 | and on such terms as the director deems advantageous to conduct |
30 | the work of the bureau at all times. |
|
1 | (b) Compensation.--The director shall fix the number and |
2 | compensation of all employees of the bureau within the limits of |
3 | appropriations made in advance by the General Assembly. |
4 | § 5307. Hours of operation. |
5 | The bureau shall be kept open on business days from 8:45 a.m. |
6 | to 4:45 p.m. during the year and, when the General Assembly is |
7 | in session, at such hours as are most convenient to the members |
8 | of the General Assembly. |
9 | § 5308. Legislative and public documents. |
10 | (a) Duty to maintain.--The director shall prepare, and have |
11 | available for use: |
12 | (1) Indices of Pennsylvania laws, digests of such public |
13 | laws of this Commonwealth and other states as may be of use |
14 | for legislative information. |
15 | (2) Records and files of all bills and resolutions |
16 | presented in either branch of the General Assembly and loose |
17 | leaf files of acts of Assembly. |
18 | (3) Catalog files of such reports of departments, boards |
19 | and commissions and other public documents of this |
20 | Commonwealth. |
21 | (4) General books and pamphlets as pertain to the work |
22 | and service of the bureau, files of newspaper and periodical |
23 | clippings and other printed matter as may be proper for the |
24 | purposes of the bureau. |
25 | (b) Procurement of information.--The director shall, when |
26 | requested by the Governor, the members of the General Assembly |
27 | or the heads of departments, promptly procure available |
28 | information not on file in the bureau relating to legislation of |
29 | other states and shall investigate the manner in which laws have |
30 | operated. |
|
1 | (c) Exchange of information with other states.--The director |
2 | shall establish a system of exchanges with such other states as |
3 | is expedient and practicable. |
4 | (d) Preparation and publication of information.--The |
5 | director shall from time to time prepare and publish such |
6 | bulletins, pamphlets and circulars, containing information |
7 | collected by the bureau and such compilations of this or other |
8 | states, as the director determines to be of service to the |
9 | Governor, the members of the General Assembly, the several |
10 | departments of State government and the citizens of this |
11 | Commonwealth. |
12 | (e) Preparation of codes.-- |
13 | (1) From time to time the director shall prepare, for |
14 | adoption or rejection by the General Assembly, codes, by |
15 | topics, of the existing general statutes, arranged by |
16 | chapters or articles and sections under suitable headings and |
17 | shall add to the codes lists of statutes of the existing law |
18 | to be repealed. |
19 | (2) The director shall assist in or supervise, when |
20 | called upon by any proper authority or when directed to do so |
21 | by the General Assembly, the compilation and preparation of |
22 | any general revision and codification of the existing laws of |
23 | this Commonwealth. |
24 | § 5309. Duties of bureau. |
25 | (a) Prohibited activity.--The director, assistant director |
26 | and employees of the bureau may neither oppose nor urge |
27 | legislation for the Commonwealth. |
28 | (b) Advice and assistance.--The director, assistant director |
29 | and employees of the bureau shall, upon request, assist the |
30 | Governor, the members of the General Assembly and the heads of |
|
1 | departments by: |
2 | (1) Providing advice relating to bills and resolutions |
3 | of the General Assembly. |
4 | (2) Drafting bills and resolutions into proper form. |
5 | (3) Furnishing to them the fullest information upon all |
6 | matters within the scope of the bureau relating to their |
7 | public duties. |
8 | (c) Confidentiality.--The director, assistant director and |
9 | employees of the bureau may not reveal to any person outside the |
10 | bureau the contents or nature of any matter not yet published, |
11 | without the consent of the person who brought the matter to the |
12 | bureau. |
13 | § 5310. Availability for consultation. |
14 | (a) Duties.--The bureau shall be available for consultation |
15 | freely by citizens of this Commonwealth relating to such general |
16 | information as it may be able to furnish and as to the statutory |
17 | law of this Commonwealth or any other state on particular |
18 | subjects and shall furnish to citizens, upon request, copies of |
19 | such laws as are available for distribution. |
20 | (b) Prohibition.--Notwithstanding the provisions of |
21 | subsection (a), in no case and under no circumstances shall the |
22 | director, assistant director or any employee of the bureau in |
23 | that person's official capacity furnish any opinion on any legal |
24 | matter to any private citizen. |
25 | § 5311. Contracts for printing statutes. |
26 | (a) Power to enter into contracts.-- |
27 | (1) Notwithstanding any other provision of law to the |
28 | contrary, including 62 Pa.C.S. (relating to procurement), the |
29 | Pennsylvania Consolidated Statutes, advance copies of |
30 | statutes, volumes of the Laws of Pennsylvania and other |
|
1 | publications shall be printed under contracts entered into by |
2 | the bureau and distributed as determined by the bureau. |
3 | (2) Money from sales shall be paid to the bureau or the |
4 | Department of General Services, as the bureau shall |
5 | determine, and that money shall be paid into the State |
6 | Treasury to the credit of the General Fund. |
7 | (3) Money from sales is appropriated from the General |
8 | Fund to the bureau for the editing, printing and distribution |
9 | of the Pennsylvania Consolidated Statutes, advance copies of |
10 | statutes, volumes of the Laws of Pennsylvania and other |
11 | publications and for related expenses. |
12 | (b) Contingent expenses to be paid.--Contingent expenses |
13 | connected with the work of the bureau shall be paid on warrants |
14 | of the State Treasurer in favor of the director on the |
15 | presentation of the director's requisitions. |
16 | (c) Accounting of contingent expenses.--The director shall |
17 | file an accounting of the contingent expenses, together with |
18 | supporting documents whenever possible, in the office of the |
19 | bureau. |
20 | CHAPTER 55 |
21 | LEGISLATIVE DATA PROCESSING COMMITTEE |
22 | Sec. |
23 | 5501. Definitions. |
24 | 5502. Legislative Data Processing Committee. |
25 | 5503. Powers and duties. |
26 | 5504. Duties and qualifications of executive director. |
27 | 5505. Prohibitions. |
28 | 5506. Reimbursement of expenses. |
29 | § 5501. Definitions. |
30 | The following words and phrases when used in this chapter |
|
1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Committee." The Legislative Data Processing Committee |
4 | established by this chapter. |
5 | "Executive director." The executive director of the |
6 | Legislative Data Processing Committee. |
7 | § 5502. Legislative Data Processing Committee. |
8 | (a) Establishment.-- |
9 | (1) The Legislative Data Processing Committee is |
10 | established and shall consist of: |
11 | (i) Two senators appointed by the President pro |
12 | tempore of the Senate. |
13 | (ii) Two senators appointed by the Minority Leader |
14 | of the Senate. |
15 | (iii) Two representatives appointed by the Speaker |
16 | of the House of Representatives. |
17 | (iv) Two representatives appointed by the Minority |
18 | Leader of the House of Representatives. |
19 | (v) The Secretary of the Senate and the |
20 | Parliamentarian of the House of Representatives, who |
21 | shall serve as nonvoting members of the committee. |
22 | (2) Members of the committee shall serve during each |
23 | regular session of the General Assembly and shall continue as |
24 | members until the first Tuesday in January of the next odd- |
25 | numbered year and until their respective successors shall |
26 | qualify, provided they continue to be members of the Senate |
27 | or the House of Representatives. |
28 | (3) The committee has a continuing existence and may |
29 | meet and conduct its business at any place within this |
30 | Commonwealth during the sessions of the General Assembly or |
|
1 | any recess thereof and in the interim between sessions. |
2 | (b) Quorum and voting.--Six members of the committee shall |
3 | constitute a quorum and an affirmative vote of five members of |
4 | the committee shall be necessary to pass on any matter requiring |
5 | committee action. |
6 | (c) Attendance.--Nothing in this chapter or in any rules and |
7 | regulations promulgated by the committee shall prohibit a member |
8 | of the committee from participating in a meeting, executive |
9 | session, deliberations or any other activity through telephone |
10 | or other electronic medium. |
11 | (d) Proxies.--The committee shall adopt rules allowing for |
12 | and governing the use of proxies by members of the committee, |
13 | except that proxies may not be used to establish a quorum. |
14 | § 5503. Powers and duties. |
15 | The committee shall have the following powers and duties: |
16 | (1) To establish and operate a legislative data |
17 | processing center incorporating a system or systems that are |
18 | capable of storing and retrieving all of the financial, |
19 | factual, procedural and legal information necessary to serve |
20 | all of the committees, officers and agencies of the General |
21 | Assembly. |
22 | (2) With the approval of the Committee on Management |
23 | Operations of the Senate and the Bi-partisan Management |
24 | Committee of the House of Representatives, to provide access |
25 | to public legislative information within the computer |
26 | information systems operated by the committee to persons |
27 | outside the General Assembly as the committee deems |
28 | appropriate. The access shall be provided in the manner |
29 | approved by the committee, the Committee on Management |
30 | Operations of the Senate and the Bi-partisan Management |
|
1 | Committee of the House of Representatives. No information |
2 | residing in the computer information systems operated by the |
3 | committee shall be released or disseminated by the committee |
4 | or its employees to persons outside the General Assembly |
5 | without the approval of: |
6 | (i) The Committee on Management Operations of the |
7 | Senate if the document or information was originated, |
8 | prepared, generated or maintained in whole or in part by |
9 | the Senate. |
10 | (ii) The Bi-partisan Management Committee of the |
11 | House of Representatives if the document or information |
12 | was originated, prepared, generated or maintained in |
13 | whole or in part by the House of Representatives. |
14 | (3) Notwithstanding paragraph (2), to provide access to |
15 | information relating to bills, legislative histories and |
16 | session calendars to the Governor's Office, the Office of |
17 | Attorney General, the Auditor General, the State Treasurer, |
18 | the heads of other departments and such other offices within |
19 | State government as the committee, with the approval of the |
20 | Committee on Management Operations of the Senate and the Bi- |
21 | partisan Management Committee of the House of |
22 | Representatives, shall determine. |
23 | (4) To appoint and employ an executive director, who |
24 | shall be the chief executive officer of the committee, and |
25 | such other personnel as the committee may deem necessary in |
26 | the performance of its duties and to fix the compensation of |
27 | the executive director and other personnel. |
28 | (5) To enter into contracts for the services of such |
29 | professional, expert or technical services as the committee |
30 | may deem necessary in the performance of its duties. |
|
1 | (6) To purchase or rent such equipment and supplies as |
2 | the committee may deem necessary in the performance of its |
3 | duties. |
4 | (7) To select its own chairman, vice chairman and such |
5 | other officers as the committee may deem necessary in the |
6 | performance of its duties. |
7 | (8) To make such rules and regulations as the committee |
8 | may deem necessary to properly carry out the most efficient |
9 | use of a legislative data processing system. |
10 | § 5504. Duties and qualifications of executive director. |
11 | The executive director shall perform such duties as shall be |
12 | assigned to that office by the committee and must have the |
13 | following qualifications to be eligible for appointment: |
14 | (1) a master's degree in mathematics, physics, computer |
15 | technology or some related field of study from an accredited |
16 | institution of higher learning; |
17 | (2) a bachelor's degree from an accredited institution |
18 | of higher learning and at least three years of practical |
19 | experience in computer technology; |
20 | (3) at least five years of practical experience in |
21 | computer technology of which at least two years must have |
22 | included administrative and technical responsibility for |
23 | developing and implementing a computer-oriented data |
24 | processing system; or |
25 | (4) at least three years of practical experience in |
26 | developing computer data processing systems and any partial |
27 | combination of the experience qualifications specified in |
28 | paragraphs (1), (2) and (3) which in the committee's judgment |
29 | will result in the selection of an executive director capable |
30 | of performing the duties prescribed in this chapter. |
|
1 | § 5505. Prohibitions. |
2 | (a) General rule.--No person designated by the committee as |
3 | a professional employee, including the executive director, |
4 | shall: |
5 | (1) Be a member of or delegate or alternate to a |
6 | political convention, nor participate at any such convention, |
7 | except in the performance of the person's official duty or as |
8 | a visitor. |
9 | (2) Serve as a member of any committee of any political |
10 | party, take an active part in political management or in |
11 | political campaigns, use the person's office or position to |
12 | influence political movements or to influence the political |
13 | action of an officer or employee in the classified service. |
14 | (3) Circulate or seek signatures to a nomination or |
15 | other petition required by any primary or election law. |
16 | (4) Seek or accept election, nomination or appointment |
17 | as an officer of a political club or organization or serve as |
18 | a member of a committee of any such club or organization. |
19 | (5) In any manner participate in or interfere with the |
20 | conduct of any election or the preparation therefor at the |
21 | polling place or with the election officers while counting |
22 | the votes or returning the election material to the place |
23 | provided by law for that purpose. This paragraph shall not |
24 | apply to making and depositing the person's own ballot as |
25 | speedily as it reasonably can be done. |
26 | (6) Be within the polling place or within 50 feet of a |
27 | polling place, except for the purpose of carrying out the |
28 | person's official duties and of ordinary travel or residence |
29 | during the period of time beginning with one hour preceding |
30 | the opening of the polls for holding such election and ending |
|
1 | with the time when the election officers shall have finished |
2 | counting the votes and have left the polling place for the |
3 | purpose of depositing the election material in the place |
4 | provided by law for that purpose. |
5 | (b) Preservation of rights.--The rights of an individual as |
6 | a citizen are not impaired by this section, and the prerogative |
7 | to attend meetings, to hear or see any candidate or nominee or |
8 | to express one's individual opinion shall remain inviolate. |
9 | § 5506. Reimbursement of expenses. |
10 | The members of the committee shall serve without |
11 | compensation, but shall be reimbursed for their expenses |
12 | incurred: |
13 | (1) While attending sessions of the committee or |
14 | meetings of any subcommittee of the committee. |
15 | (2) While engaged in other committee business authorized |
16 | by the committee. |
17 | (3) In going to and coming from meetings of the |
18 | committee or its subcommittees. |
19 | (4) For travel and other committee business when |
20 | authorized by the committee. |
21 | CHAPTER 57 |
22 | CAPITOL PRESERVATION COMMITTEE |
23 | Sec. |
24 | 5701. Legislative findings and declaration of policy. |
25 | 5702. Definitions. |
26 | 5703. Capitol Preservation Committee. |
27 | 5704. Powers and duties. |
28 | 5705. Capitol Restoration Trust Fund. |
29 | § 5701. Legislative findings and declaration of policy. |
30 | The General Assembly finds and declares as follows: |
|
1 | (1) This Commonwealth has a rich heritage of historical |
2 | buildings, structures, documents, artifacts and other objects |
3 | and resources which bear witness to its growth as one of the |
4 | great states of this nation. |
5 | (2) Efforts have been made toward the restoration and |
6 | preservation of buildings, structures, documents, artifacts and |
7 | objects evidencing the history of this eminent Commonwealth and |
8 | of the General Assembly and these efforts should be continued |
9 | and intensified. |
10 | (3) Particular attention should be given to the preservation |
11 | of the architectural and historical integrity of the State |
12 | Capitol Building and to the restoration and preservation of |
13 | artifacts, documents and other historical objects and resources |
14 | located within that building. |
15 | (4) The most effective way to promote and foster the |
16 | historic preservation of the State Capitol Building is by the |
17 | establishment of a committee to supervise and coordinate this |
18 | work. |
19 | § 5702. Definitions. |
20 | The following words and phrases when used in this chapter |
21 | shall have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
23 | "Committee." The Capitol Preservation Committee established |
24 | by this chapter. |
25 | "Fund." The Capitol Restoration Trust Fund established by |
26 | this chapter. |
27 | § 5703. Capitol Preservation Committee. |
28 | (a) Establishment.--The Capitol Preservation Committee is |
29 | established and shall supervise and coordinate the historic |
30 | preservation of the State Capitol Building and the preservation |
|
1 | and restoration of historical documents, artifacts and other |
2 | objects and resources located in or associated with the State |
3 | Capitol Building. |
4 | (b) Membership.--The committee shall be composed of the |
5 | following: |
6 | (1) Four members of the Senate to be appointed by the |
7 | President pro tempore of the Senate, two from the majority |
8 | party and two from the minority party. |
9 | (2) Four members of the House of Representatives to be |
10 | appointed by the Speaker of the House of Representatives, two |
11 | from the majority party and two from the minority party. |
12 | (3) One member, appointed by the Chief Justice of |
13 | Pennsylvania, who is not a member of the judiciary. |
14 | (4) The Secretary of General Services or the secretary's |
15 | designee. |
16 | (5) The Executive Director of the Pennsylvania |
17 | Historical and Museum Commission or the executive director's |
18 | designee. |
19 | (6) Three members appointed by the Governor, which |
20 | members shall include individuals with experience in |
21 | restoration of monumental buildings or a background in |
22 | historical restoration or fine arts conservation. |
23 | (b.1) Restriction.--No member appointed under subsection (b) |
24 | (3) or (6) shall be a member of the executive, legislative or |
25 | judicial branch of State government at the time of the person's |
26 | appointment. |
27 | (c) Terms.-- |
28 | (1) Members appointed under subsection (b)(1) and (2) |
29 | shall be appointed at the commencement of a regular session |
30 | of the General Assembly in each odd-numbered year. These |
|
1 | appointments shall take effect 31 days following the |
2 | convening of the session, and the terms of these members |
3 | shall run until 30 days after the convening of the next |
4 | regular session of the General Assembly. |
5 | (2) The terms of members enumerated in subsection (b)(4) |
6 | and (5) shall be coincident with their respective offices. |
7 | (3) The terms of members appointed under subsection (b) |
8 | (3) and (6) shall be coincident with that of the appointing |
9 | Governor, President pro tempore of the Senate, Speaker of the |
10 | House of Representatives and Chief Justice of Pennsylvania. |
11 | (d) Vacancies.--Vacancies in the membership of the committee |
12 | shall be filled for the balance of the unexpired term in the |
13 | same manner as the original appointment. |
14 | (e) Organization and procedure.-- |
15 | (1) The committee shall elect by a majority of all its |
16 | members a chairman and vice chairman from among its members, |
17 | each to serve for a term of two years, and the committee |
18 | shall meet not less than twice each year. |
19 | (2) A majority of all the members of the committee shall |
20 | constitute a quorum for the transaction of business. |
21 | (3) The committee may adopt rules for its government, |
22 | organization and procedures not inconsistent with the |
23 | provisions of this chapter. |
24 | (f) Expenses.--Members of the committee shall receive no |
25 | compensation for their services but shall be reimbursed for all |
26 | necessary travel and other reasonable expenses incurred in |
27 | connection with the performance of their duties as members. |
28 | § 5704. Powers and duties. |
29 | In addition to other powers and duties conferred by this |
30 | chapter, the committee shall have the following powers and |
|
1 | duties: |
2 | (1) To develop a comprehensive plan and program for the |
3 | historic preservation and restoration of the State Capitol |
4 | Building. |
5 | (2) To monitor the making of all major repairs, |
6 | alterations and improvements in and about the State Capitol |
7 | Building, including the furnishing and refurnishing of the |
8 | building, where such repairs, alterations or improvements may |
9 | alter or otherwise affect the architectural and historical |
10 | integrity of the building. |
11 | (3) To monitor the maintenance, restoration, |
12 | preservation and rehabilitation of historical documents, |
13 | artifacts and other historical objects or resources located |
14 | within and around, or associated with, the State Capitol |
15 | Building. |
16 | (4) To acquire on behalf of the Commonwealth artifacts, |
17 | documents and other historical objects or resources which |
18 | contribute to the historical significance of the State |
19 | Capitol Building. |
20 | (5) To receive for and on behalf of the Commonwealth |
21 | gifts or bequests of artifacts, documents and other |
22 | historical objects or resources which contribute to the |
23 | historical significance of the State Capitol Building. |
24 | (6) To assist in the preservation of other buildings and |
25 | structures located within the Capitol Complex. |
26 | (7) To accept grants and subsidies from and enter into |
27 | agreements or other transactions with any Federal agency or |
28 | agency of the Commonwealth or other entity. |
29 | (8) To enter into contracts and to execute all |
30 | instruments necessary or convenient for carrying on its |
|
1 | operations. |
2 | (9) To issue appropriate regulations for the |
3 | implementation of this chapter. |
4 | (10) To do all other things necessary or convenient to |
5 | carry out the powers and duties conferred by this chapter. |
6 | § 5705. Capitol Restoration Trust Fund. |
7 | (a) Establishment.--The Capitol Restoration Trust Fund is |
8 | established in the State Treasury. The fund shall be |
9 | administered by the committee and all moneys in the fund are |
10 | appropriated to the committee on a continuing basis. |
11 | (b) Purpose.--The moneys in the fund shall be used for: |
12 | (1) The maintenance, restoration, preservation and |
13 | rehabilitation of artifacts, documents and other historical |
14 | objects or resources located within and around or associated |
15 | with the State Capitol Building or acquired by the committee. |
16 | (2) The acquisition of artifacts, documents and other |
17 | historical objects or resources, including, but not limited |
18 | to, statuary, art or any element which contributes to the |
19 | historical significance of the State Capitol Building. |
20 | (c) Contributions, solicitation of funds.-- |
21 | (1) The committee may: |
22 | (i) Accept on behalf of the Commonwealth gifts, |
23 | donations, legacies and usages of money from individuals, |
24 | organizations, public or private corporations and other |
25 | similar entities. |
26 | (ii) Solicit and raise moneys from public and |
27 | private sources through the sale of commemorative medals |
28 | and other items of a similar nature which promote the |
29 | historic preservation and restoration of the State |
30 | Capitol Building. |
|
1 | (2) Except for appropriations made by the General |
2 | Assembly, all moneys received or raised under this section |
3 | shall be paid into the State Treasury and credited to the |
4 | fund. |
5 | (d) Operating expenses.--Appropriations made by the General |
6 | Assembly to the committee shall be used for: |
7 | (1) Payment of necessary travel and other reasonable |
8 | expenses of committee members. |
9 | (2) The compensation and expenses of staff for the |
10 | committee. |
11 | (3) Administrative expenses. |
12 | (4) Administering the provisions of the chapter. |
13 | CHAPTER 59 |
14 | PENNSYLVANIA COMMISSION ON SENTENCING |
15 | Sec. |
16 | 5901. Definitions. |
17 | 5902. Pennsylvania Commission on Sentencing established. |
18 | 5903. Composition of commission. |
19 | 5904. Powers and duties. |
20 | 5905. Adoption of guidelines for sentencing. |
21 | 5906. Adoption of guidelines for county intermediate |
22 | punishment. |
23 | 5907. Adoption of guidelines for State intermediate punishment. |
24 | 5908. Adoption of guidelines for fines. |
25 | 5909. Adoption of guidelines for resentencing. |
26 | 5910. Adoption of guidelines for parole. |
27 | 5911. Adoption of recommitment ranges following revocation of |
28 | parole by board. |
29 | 5912. Adoption of risk assessment instrument. |
30 | 5913. Publication of guidelines for sentencing, resentencing |
|
1 | and parole and recommitment ranges following |
2 | revocation. |
3 | § 5901. Definitions. |
4 | The following words and phrases when used in this chapter |
5 | shall have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | "Board." The Pennsylvania Board of Probation and Parole. |
8 | "Commission." The Pennsylvania Commission on Sentencing |
9 | established by this chapter. |
10 | "Department." The Department of Corrections of the |
11 | Commonwealth. |
12 | § 5902. Pennsylvania Commission on Sentencing established. |
13 | (a) General rule.--The Pennsylvania Commission on Sentencing |
14 | is established as an agency of the General Assembly and shall |
15 | consist of 11 persons selected as provided in this chapter. |
16 | (b) Seal.--The commission shall have a seal engraved with |
17 | its name and such other inscription as may be specified by |
18 | regulation of the commission. |
19 | § 5903. Composition of commission. |
20 | (a) General rule.--The Pennsylvania Commission on Sentencing |
21 | shall consist of: |
22 | (1) Two members of the House of Representatives selected |
23 | by the Speaker of the House of Representatives, no more than |
24 | one of whom shall be of the same political party. |
25 | (2) Two members of the Senate selected by the President |
26 | pro tempore of the Senate, no more than one of whom shall be |
27 | of the same political party. |
28 | (3) Four judges of courts of record selected by the |
29 | Chief Justice of Pennsylvania. |
30 | (4) Three persons appointed by the Governor, who shall |
|
1 | be, respectively: |
2 | (i) A district attorney. |
3 | (ii) A defense attorney. |
4 | (iii) Either a professor of law or a criminologist. |
5 | (a.1) Ex officio members.--The Secretary of Corrections, the |
6 | victim advocate appointed under section 301 of the act of |
7 | November 24, 1998 (P.L.882, No.111), known as the Crime Victims |
8 | Act, and the chairman of the board, during their tenure in their |
9 | respective positions, shall serve as ex officio nonvoting |
10 | members of the commission. |
11 | (b) Terms of office.--The members of the commission shall |
12 | serve for terms of two years and until a successor has been |
13 | selected and qualified. A vacancy on the commission shall be |
14 | filled for the balance of the term. |
15 | (c) Chairman and executive director.--The commission shall |
16 | select a chairman from its members and an executive director. |
17 | The chairman shall: |
18 | (1) Preside at meetings of the commission. |
19 | (2) Direct the preparation of requests for |
20 | appropriations for the commission and the use of funds made |
21 | available to the commission. |
22 | (d) Meetings and quorum.-- |
23 | (1) The commission shall meet at least four times a year |
24 | and not less than semiannually to establish its general |
25 | policies and rules. |
26 | (2) The commission shall be deemed an "agency" within |
27 | the meaning of and shall be subject to the provisions of 65 |
28 | Pa.C.S. Ch. 7 (relating to open meetings). |
29 | (3) Seven commissioners shall constitute a quorum for |
30 | the purpose of adopting proposed initial and initial and |
|
1 | subsequent guidelines. A majority of commissioners shall |
2 | constitute a quorum for all other purposes. |
3 | (4) Minutes of meetings shall be kept by the executive |
4 | director and filed at the executive office of the commission. |
5 | (e) Records of action.--Except as otherwise provided by |
6 | statute, the commission shall maintain and make available for |
7 | public inspection a record of the final vote of each member on |
8 | any action taken by it. |
9 | (f) Expenses.--A commissioner shall be entitled to |
10 | reimbursement for the commissioner's accountable expenses |
11 | incurred while engaged in the business of the commission. |
12 | § 5904. Powers and duties. |
13 | (a) General rule.--The commission, pursuant to rules and |
14 | regulations, shall have the power to: |
15 | (1) Establish general policies and promulgate such rules |
16 | and regulations for the commission as are necessary to carry |
17 | out the purposes of this chapter and 42 Pa.C.S. Ch. 97 |
18 | (relating to sentencing). |
19 | (2) Utilize, with their consent, the services, |
20 | equipment, personnel, information and facilities of Federal, |
21 | State, local and private agencies and instrumentalities with |
22 | or without reimbursement therefor. |
23 | (3) Enter into and perform such contracts, leases, |
24 | cooperative agreements and other transactions as may be |
25 | necessary in the conduct of the functions of the commission, |
26 | with any public agency or with any person, firm, association, |
27 | corporation, educational institution or nonprofit |
28 | organization. |
29 | (4) Request such information, data and reports from any |
30 | officer or agency of the State government as the commission |
|
1 | may from time to time require and as may be produced |
2 | consistent with other law. |
3 | (5) Arrange with the head of any government unit for the |
4 | performance by the government unit of any function of the |
5 | commission, with or without reimbursement. |
6 | (6) Issue invitations requesting the attendance and |
7 | testimony of witnesses and the production of any evidence |
8 | that relates directly to a matter with respect to which the |
9 | commission or any member thereof is empowered to make a |
10 | determination under this chapter. |
11 | (7) Establish a research and development program within |
12 | the commission for the purpose of: |
13 | (i) Serving as a clearinghouse and information |
14 | center for the collection, preparation and dissemination |
15 | of information on Commonwealth sentencing, resentencing |
16 | and parole practices. |
17 | (ii) Assisting and serving in a consulting capacity |
18 | to the board, State courts, departments and agencies in |
19 | the development, maintenance and coordination of sound |
20 | sentencing, resentencing and parole practices. |
21 | (8) Collect systematically the data obtained from |
22 | studies, research and the empirical experience of public and |
23 | private agencies concerning the sentencing processes. |
24 | (9) Publish data concerning the sentencing and parole |
25 | processes. |
26 | (10) Collect systematically and disseminate information |
27 | concerning parole dispositions and sentences actually |
28 | imposed, including initial sentences and any subsequent |
29 | modification of sentences or resentences following revocation |
30 | or remand, and parole and reparole decisions by the board and |
|
1 | any other paroling authority. |
2 | (11) Collect systematically and disseminate information |
3 | regarding effectiveness of parole dispositions and sentences |
4 | imposed. |
5 | (12) Make recommendations to the General Assembly |
6 | concerning modification or enactment of sentencing, parole |
7 | and correctional statutes which the commission finds to be |
8 | necessary and advisable to carry out an effective, humane and |
9 | rational sentencing, resentencing and parole policy. |
10 | (13) Establish a plan and timetable to collect and |
11 | disseminate information relating to incapacitation, |
12 | recidivism, deterrence and overall effectiveness of sentences |
13 | and parole dispositions imposed. |
14 | (14) Establish a program to systematically monitor |
15 | compliance with the guidelines, with recommitment ranges and |
16 | with mandatory sentencing laws to document eligibility for |
17 | and releases pursuant to a county reentry plan, to document |
18 | eligibility for and imposition of recidivism risk reduction |
19 | incentive minimum sentences and to document all parole and |
20 | reparole decisions by the board and any other paroling |
21 | authority by: |
22 | (i) Promulgating forms which document the |
23 | application of sentencing, resentencing and parole |
24 | guidelines, mandatory sentencing laws, releases pursuant |
25 | to a county reentry plan, recommitment ranges and |
26 | recidivism risk reduction incentive minimum sentences and |
27 | collecting information on all parole and reparole |
28 | decisions by the board and any other paroling authority. |
29 | (ii) Requiring the timely completion and electronic |
30 | submission of such forms to the commission. |
|
1 | (15) Prior to adoption of changes to guidelines for |
2 | sentencing, resentencing and parole and recommitment ranges |
3 | following revocation, use a correctional population |
4 | simulation model to determine: |
5 | (i) Resources that are required under current |
6 | guidelines and ranges. |
7 | (ii) Resources that would be required to carry out |
8 | any proposed changes to the guidelines and ranges. |
9 | (b) Annual reports.--The commission shall report annually to |
10 | the Governor, the General Assembly and the Administrative Office |
11 | of Pennsylvania Courts on the activities of the commission. |
12 | (c) Additional powers and duties.--The commission shall have |
13 | such other powers and duties and shall perform such other |
14 | functions as may be necessary to carry out the purposes of this |
15 | chapter or as may be provided under any other provision of law |
16 | and may delegate to any commissioner or designated person such |
17 | powers as may be appropriate other than the power to establish |
18 | general policies, guidelines, rules and factors under subsection |
19 | (a)(1). |
20 | § 5905. Adoption of guidelines for sentencing. |
21 | (a) General rule.--The commission shall adopt guidelines for |
22 | sentencing within the limits established by law which shall be |
23 | considered by the sentencing court in determining the |
24 | appropriate sentence for defendants who plead guilty or nolo |
25 | contendere to, or who were found guilty of, felonies and |
26 | misdemeanors. In adopting guidelines, the commission shall |
27 | recommend confinement that is consistent with the protection of |
28 | the public, the gravity of the offense as it relates to the |
29 | impact on the life of the victim and the community and the |
30 | rehabilitative needs of the offender. The guidelines shall |
|
1 | address the following: |
2 | (1) Seriousness of the offense, by specifying the range |
3 | of sentences applicable to crimes of a given degree of |
4 | gravity, including incapacitation of serious violent |
5 | offenders. |
6 | (2) Criminal history, by specifying a range of sentences |
7 | of increased severity for offenders previously convicted of |
8 | or adjudicated delinquent for one or more misdemeanor or |
9 | felony offenses committed prior to the current offense. |
10 | (3) Criminal behavior, by specifying a range of |
11 | sentences of increased severity for offenders who pose a |
12 | substantial risk to public safety, including those who |
13 | possessed or used a deadly weapon during the commission of |
14 | the current conviction offense. |
15 | (4) Aggravated and mitigated ranges, by specifying |
16 | variations from the range of sentences applicable on account |
17 | of aggravating or mitigating circumstances. |
18 | (5) The impact of any amendments to 42 Pa.C.S. § 9756 |
19 | (relating to sentence of total confinement). |
20 | (b) Definitions.--As used in this section, the following |
21 | words and phrases shall have the meanings given to them in this |
22 | subsection unless the context clearly indicates otherwise: |
23 | "Possessed." On a defendant's person or within the |
24 | defendant's immediate physical control. |
25 | "Previously convicted of or adjudicated delinquent." Any |
26 | finding of guilt or adjudication of delinquency, whether or not |
27 | sentence has been imposed or disposition ordered prior to the |
28 | commission of the current offense. |
29 | § 5906. Adoption of guidelines for county intermediate |
30 | punishment. |
|
1 | The commission shall adopt guidelines to identify offenders |
2 | who would be eligible and appropriate for participation in |
3 | county intermediate punishment programs. These guidelines shall |
4 | be considered by the sentencing court in determining whether to |
5 | sentence an offender pursuant to 42 Pa.C.S. § 9763 (relating to |
6 | sentence of county intermediate punishment). The guidelines |
7 | shall: |
8 | (1) Use the description of "eligible offender" provided |
9 | in 42 Pa.C.S. Ch. 98 (relating to county intermediate |
10 | punishment). |
11 | (2) Give primary consideration to protection of the |
12 | public safety. |
13 | § 5907. Adoption of guidelines for State intermediate |
14 | punishment. |
15 | The commission shall adopt guidelines to identify offenders |
16 | who would be appropriate for participation in State intermediate |
17 | punishment programs. These guidelines shall be considered by the |
18 | attorney for the Commonwealth and the sentencing court in |
19 | determining whether to commit a defendant for evaluation and |
20 | whether to sentence an eligible offender pursuant to 61 Pa.C.S. |
21 | Ch. 41 (relating to State intermediate punishment). The |
22 | guidelines shall: |
23 | (1) Use the description of "eligible offender" provided |
24 | in 61 Pa.C.S. Ch. 41. |
25 | (2) Give primary consideration to protection of the |
26 | public safety. |
27 | § 5908. Adoption of guidelines for fines. |
28 | The commission shall adopt guidelines for fines or other |
29 | lawful economic sanctions, within the limits established by law, |
30 | which shall be considered by the sentencing court in determining |
|
1 | the appropriate sentence for defendants who plead guilty or nolo |
2 | contendere to or who are found guilty of felonies and |
3 | misdemeanors. The guidelines shall do all of the following: |
4 | (1) Specify the range of fines or other lawful economic |
5 | sanctions, applicable to crimes of a given degree of gravity. |
6 | (2) Specify a range of fines or other lawful economic |
7 | sanctions of increased amount for defendants previously |
8 | convicted or adjudicated delinquent for one or more |
9 | misdemeanor or felony offenses committed prior to the current |
10 | offense. For purposes of this paragraph, the term "previously |
11 | convicted or adjudicated delinquent" shall include any |
12 | finding of guilt or adjudication of delinquency whether or |
13 | not sentence has been imposed or disposition ordered prior to |
14 | the commission of the current offense. |
15 | (3) Prescribe variations from the range of fines |
16 | applicable on account of aggravating or mitigating |
17 | circumstances. |
18 | (4) Prescribe community service alternatives which may |
19 | be imposed in lieu of all or part of the fines where the |
20 | sentencing court finds the defendant lacks the ability to pay |
21 | all or part of the fine. |
22 | § 5909. Adoption of guidelines for resentencing. |
23 | The commission shall adopt guidelines that shall be |
24 | considered by the court when resentencing an offender following |
25 | revocation of probation, county intermediate punishment or State |
26 | intermediate punishment. The guidelines shall take into account: |
27 | (1) Factors considered in adopting the sentencing |
28 | guidelines. |
29 | (2) The seriousness of the violation. |
30 | (3) The rehabilitative needs of the defendant. |
|
1 | § 5910. Adoption of guidelines for parole. |
2 | (a) Adoption.--The commission shall adopt guidelines that |
3 | shall be considered by the board and any other paroling entity |
4 | when exercising its power to parole and reparole all persons |
5 | sentenced by any court in this Commonwealth to imprisonment in |
6 | any correctional institution. The guidelines shall do all of the |
7 | following: |
8 | (1) Give primary consideration to the protection of the |
9 | public and to victim safety. |
10 | (2) Provide for due consideration of victim input. |
11 | (3) Be designed to encourage inmates and parolees to |
12 | conduct themselves in accordance with conditions and rules of |
13 | conduct established by the department or other prison |
14 | facilities and the board. |
15 | (4) Be designed to encourage inmates and parolees to |
16 | participate in programs that have been demonstrated to be |
17 | effective in reducing recidivism, including appropriate drug |
18 | and alcohol treatment programs. |
19 | (5) Provide for prioritization of incarceration, |
20 | rehabilitation and other criminal justice resources for |
21 | offenders posing the greatest risk to public safety. |
22 | (6) Use validated risk assessment tools, be evidence |
23 | based and take into account available research relating to |
24 | the risk of recidivism, minimizing the threat posed to public |
25 | safety and factors maximizing the success of reentry. |
26 | (b) Discretionary authority.--Notwithstanding any other |
27 | provision of law, this section shall not be construed to remove |
28 | the discretionary parole authority of the board and any other |
29 | paroling entity when exercising its power to parole and |
30 | reparole. |
|
1 | § 5911. Adoption of recommitment ranges following revocation of |
2 | parole by board. |
3 | (a) Recommitment ranges.-- |
4 | (1) The commission shall adopt recommitment ranges that |
5 | shall be considered by the board when exercising its power to |
6 | reparole, commit and recommit for violations of parole any |
7 | person sentenced by a court in this Commonwealth to |
8 | imprisonment in any correctional institution. The |
9 | recommitment ranges shall take into account the seriousness |
10 | of the initial conviction offense, the level of seriousness |
11 | of the violation and the rehabilitative needs of the |
12 | defendant. |
13 | (2) At the end of the recommittal period, a parole |
14 | violator shall be reviewed for parole or, without further |
15 | review, shall be reparoled. |
16 | (b) Deviation.--In every case in which the board deviates |
17 | from the recommitment ranges, the board shall provide a |
18 | contemporaneous written statement of the reasons for the |
19 | deviation from the recommitment ranges to the commission as |
20 | established under section 5904(a)(14) (relating to powers and |
21 | duties). |
22 | (c) Definitions.--As used in this section, the following |
23 | words and phrases shall have the meanings given to them in this |
24 | subsection: |
25 | "Recommitment range." A range of time within which a parole |
26 | violator may be recommitted to serve an additional part of the |
27 | term the parole violator would have been compelled to serve had |
28 | the parole violator not been paroled. |
29 | § 5912. Adoption of risk assessment instrument. |
30 | (a) General rule.--The commission shall adopt a sentence |
|
1 | risk assessment instrument for the sentencing court to use to |
2 | help determine the appropriate sentence within the limits |
3 | established by law for defendants who plead guilty or nolo |
4 | contendere to or who were found guilty of felonies and |
5 | misdemeanors. The risk assessment instrument may be used as an |
6 | aide in evaluating the relative risk that an offender will |
7 | reoffend and be a threat to public safety. |
8 | (b) Sentencing guidelines.--The risk assessment instrument |
9 | may be incorporated into the sentencing guidelines under section |
10 | 5905 (relating to adoption of guidelines for sentencing). |
11 | (c) Presentence investigation report.--Subject to the |
12 | provisions of the Pennsylvania Rules of Criminal Procedure, the |
13 | sentencing court may use the risk assessment instrument to |
14 | determine whether a more thorough assessment is necessary and to |
15 | order a presentence investigation report. |
16 | (d) Alternative sentencing.--Subject to the eligibility |
17 | requirements of each program, the risk assessment instrument may |
18 | be an aide to help determine appropriate candidates for |
19 | alternative sentencing, including the recidivism risk reduction |
20 | incentive, State and county intermediate punishment programs and |
21 | State motivational boot camps. |
22 | (e) Definition.--As used in this section, the term "risk |
23 | assessment instrument" means an empirically based worksheet |
24 | which uses factors that are relevant in predicting recidivism. |
25 | § 5913. Publication of guidelines for sentencing, resentencing |
26 | and parole and recommitment ranges following |
27 | revocation. |
28 | (a) General rule.--The commission shall: |
29 | (1) Prior to adoption, publish in the Pennsylvania |
30 | Bulletin all proposed sentencing guidelines, resentencing |
|
1 | guidelines following revocation of probation, county |
2 | intermediate punishment and State intermediate punishment, |
3 | parole guidelines and recommitment ranges following |
4 | revocation by the board of paroles granted, and hold public |
5 | hearings not earlier than 30 days and not later than 60 days |
6 | thereafter to afford an opportunity for the following persons |
7 | and organizations to testify: |
8 | (i) Pennsylvania District Attorneys Association. |
9 | (ii) Chiefs of Police Associations. |
10 | (iii) Fraternal Order of Police. |
11 | (iv) Public Defenders Organization. |
12 | (v) Law school faculty members. |
13 | (vi) State Board of Probation and Parole. |
14 | (vii) Department of Corrections. |
15 | (viii) Pennsylvania Bar Association. |
16 | (ix) Pennsylvania Wardens Association. |
17 | (x) Pennsylvania Association on Probation, Parole |
18 | and Corrections. |
19 | (xi) Pennsylvania Conference of State Trial Judges. |
20 | (xii) Any other interested person or organization. |
21 | (2) Publish in the Pennsylvania Bulletin sentencing |
22 | guidelines as adopted by the commission. |
23 | (b) Rejection by General Assembly.--Subject to gubernatorial |
24 | review pursuant to section 9 of Article III of the Constitution |
25 | of Pennsylvania, the General Assembly may by concurrent |
26 | resolution reject in their entirety any guidelines or |
27 | recommitment ranges adopted by the commission within 90 days of |
28 | their publication in the Pennsylvania Bulletin pursuant to |
29 | subsection (a)(2). |
30 | (c) Effective date.-- |
|
1 | (1) Sentencing guidelines, resentencing guidelines |
2 | following revocation of probation, county intermediate |
3 | punishment and State intermediate punishment, parole |
4 | guidelines and recommitment ranges following revocation by |
5 | the board of paroles granted, adopted by the commission shall |
6 | become effective 90 days after publication in the |
7 | Pennsylvania Bulletin pursuant to subsection (a)(2) unless |
8 | disapproved pursuant to subsection (b) and shall apply to |
9 | sentences and resentences and parole decisions made after the |
10 | effective date of the guidelines. |
11 | (2) If not disapproved, the commissioners shall conduct |
12 | training and orientation for trial court judges and board |
13 | members prior to the effective date of the guidelines and |
14 | recommitment ranges. |
15 | CHAPTER 61 |
16 | PENNSYLVANIA OFFICE FOR RESEARCH AND PUBLIC POLICY |
17 | Sec. |
18 | 6101. Definitions. |
19 | 6102. Pennsylvania Office for Research and Public Policy. |
20 | 6103. Executive director. |
21 | 6104. Powers and duties. |
22 | § 6101. Definitions. |
23 | The following words and phrases when used in this chapter |
24 | shall have the meanings given to them in this section unless the |
25 | context clearly indicates otherwise: |
26 | "Executive director." The executive director of the office. |
27 | "Local government." A county, city, borough, town, township |
28 | or school district. |
29 | "Office." The Pennsylvania Office for Research and Public |
30 | Policy established by this chapter. |
|
1 | "Records." Books, papers, manuals, reports, verification |
2 | letters, work papers and other documentary materials, regardless |
3 | of physical form or characteristics, under the control of the |
4 | Pennsylvania Office for Research and Public Policy or its |
5 | authorized representative which are maintained pursuant to a |
6 | project conducted under section 6104 (relating to powers and |
7 | duties) and the specific and unique information contained |
8 | therein. |
9 | § 6102. Pennsylvania Office for Research and Public Policy. |
10 | The Pennsylvania Office for Research and Public Policy is |
11 | established and shall be the central bicameral, bipartisan |
12 | research and policy development office for the General Assembly. |
13 | § 6103. Executive director. |
14 | (a) Election.--An executive director shall be in charge of |
15 | the office. The executive director shall be elected by the |
16 | members of the General Assembly biennially before the first day |
17 | of February, each odd-numbered year, by the Senate and the House |
18 | of Representatives in joint session. |
19 | (b) Qualifications.--The executive director shall be |
20 | qualified by experience, knowledge and ability to conduct the |
21 | work of the office. |
22 | (c) Duty to report.--The executive director shall report |
23 | regularly to the President pro tempore of the Senate, the |
24 | Minority Leader of the Senate, the Speaker of the House of |
25 | Representatives and the Minority Leader of the House of |
26 | Representatives. |
27 | (d) Appointment of assistant executive director.--The |
28 | executive director may appoint an assistant executive director |
29 | and such other employees as the executive director deems |
30 | necessary to conduct the work of the office, including |
|
1 | attorneys, economists, fiscal analysts, public policy analysts |
2 | and other professional, technical and clerical staff. The |
3 | executive director shall oversee the development of policies for |
4 | the office regarding the reimbursement of expenses and other |
5 | administrative matters. |
6 | § 6104. Powers and duties. |
7 | (a) General authority.-- |
8 | (1) (i) The office shall conduct any investigation or |
9 | study and gather any information as may be deemed useful |
10 | to the General Assembly and to the standing committees of |
11 | the Senate and the House of Representatives. |
12 | (ii) A long-term study or investigation or a |
13 | codification project which is likely to take more than 90 |
14 | days to complete may only be initiated by a resolution of |
15 | the Senate or the House of Representatives. |
16 | (iii) The office shall have the power to call upon |
17 | any department or agency of the State government for |
18 | information as it deems pertinent to any investigation or |
19 | study. |
20 | (iv) The office may designate persons, other than |
21 | members of the General Assembly, to act in advisory |
22 | capacities. |
23 | (v) The office shall report to the General Assembly |
24 | or to the various standing committees of the Senate and |
25 | the House of Representatives findings and recommendations |
26 | accompanied with drafts of legislation as it deems |
27 | necessary for the information of the consideration by the |
28 | General Assembly. |
29 | (2) In making recommendations, the office shall consider |
30 | the fiscal impact on the Commonwealth. To the extent |
|
1 | possible, the office shall provide a cost-benefit analysis of |
2 | any recommendation. |
3 | (3) The office may accept requests for research |
4 | assistance from individual members of the General Assembly |
5 | and their staff. |
6 | (4) (i) Records which are created or obtained during |
7 | study projects under this section shall be treated as |
8 | confidential. Requests made of the office to inspect |
9 | identifiable records pertaining to a project under this |
10 | section shall be denied and the requesting party notified |
11 | that the records are considered to be confidential and |
12 | will not be made available for inspection. |
13 | (ii) The work papers underlying the office's studies |
14 | pursuant to this section shall be privileged from public |
15 | disclosure, including through discovery in a judicial or |
16 | administrative proceeding, because they show the |
17 | deliberative process of the office in carrying out its |
18 | role in the overall legislative method under Pennsylvania |
19 | law in studying, evaluating and recommending policy |
20 | improvement to State government and law. |
21 | (5) The office may issue subpoenas to compel the |
22 | attendance of witnesses and the production of any information |
23 | relevant to matters properly being inquired into by the |
24 | office under this section, to administer oaths and to cause |
25 | the deposition of witnesses, either residing within or |
26 | without this Commonwealth, to be taken in the manner |
27 | prescribed by law for taking depositions in civil actions. |
28 | The office may hold public hearings as it deems necessary. |
29 | (6) The office shall develop relationships with colleges |
30 | and universities in this Commonwealth so that faculty at |
|
1 | those colleges and universities may provide in-kind expertise |
2 | to the General Assembly to respond to research requests. |
3 | (7) The office shall have specific units which shall |
4 | include, but not be limited to, the areas of study under |
5 | subsections (b), (c), (d) and (e). |
6 | (b) Program evaluation.--The office shall: |
7 | (1) Make current examination of Commonwealth programs, |
8 | agencies and commissions to determine whether or not the |
9 | programs, agencies and commissions are functioning |
10 | efficiently and effectively and for the purposes and within |
11 | the statutory restrictions provided by the General Assembly. |
12 | (2) Before any report is publicly released by the office |
13 | under this subsection, the department, officer or agency of |
14 | the State government involved therein shall be afforded an |
15 | opportunity to comment and the comments shall be attached to |
16 | the office's report. |
17 | (3) The office shall have direct and unimpeded access to |
18 | all material it deems necessary, including, but not limited |
19 | to, personnel records, to fulfill its duties under this |
20 | subsection. The office and its authorized representatives |
21 | will follow oral and written procedures developed in |
22 | conjunction with subject agencies for the inspection and |
23 | copying of records maintained by agents of the subject agency |
24 | responsible for the custody of the records. The procedures |
25 | may not act to impede the nature of material to be accessed |
26 | by the office. |
27 | (c) Local government.--The office shall: |
28 | (1) Study and provide information about local government |
29 | including the study and investigation of the functions of |
30 | local government, the possibility of eliminating unnecessary |
|
1 | functions and the duplication and overlapping of functions. |
2 | (2) Study the following: |
3 | (i) The costs of local government, the ways and |
4 | means of reducing these costs and lessening the burden on |
5 | local taxpayers. The office shall identify and catalog |
6 | State mandates on local governments. |
7 | (ii) The advisability and feasibility of increasing |
8 | the areas or changing the boundaries of local |
9 | governments. |
10 | (iii) The establishment of larger units for |
11 | administration by consolidation of units of local |
12 | governments by cooperative arrangements between them for |
13 | the performance of certain functions. |
14 | (iv) Generally, the ways and means of organizing a |
15 | more modernized and efficient system of local government, |
16 | including recommendations to modernize local government |
17 | codes and related laws. |
18 | (3) Print or publish municipal codes electronically on |
19 | the office's Internet website in a secure format accessible |
20 | to the public and update such codes within 60 days of the |
21 | effective date of any amendment to the codes. |
22 | (4) Review intergovernmental cooperation agreements in |
23 | accordance with 53 Pa.C.S. § 2314 (relating to review of |
24 | agreement by Pennsylvania Office for Research and Public |
25 | Policy). |
26 | (5) Exercise other functions as may be deemed necessary |
27 | to provide information to and assist local governments and |
28 | municipal associations. |
29 | (d) Air and water pollution.--The office shall: |
30 | (1) Conduct continuing studies of air and water |
|
1 | pollution laws, including the enforcement of those laws, and |
2 | recommend needed changes to the General Assembly. |
3 | (2) Conduct continuing studies of mining practices, |
4 | including deep mining, strip mining, open pit mining and |
5 | quarrying, the restoration of land that has been mined and |
6 | the laws relating to the restoration of land where mining |
7 | operations have occurred. |
8 | (3) Receive complaints and hold hearings related to the |
9 | subject matter in paragraphs (1) and (2). |
10 | (e) Rural conditions.--The office shall: |
11 | (1) Administer grants to conduct research on matters |
12 | relating to rural conditions to facilitate and coordinate |
13 | basic and applied research and service components related to |
14 | issues regarding the welfare of rural Pennsylvania. |
15 | (2) Make grants available only to the qualified faculty |
16 | members of the various universities of the State System of |
17 | Higher Education, the current land grant university and the |
18 | regional campuses of the University of Pittsburgh. No grant |
19 | shall exceed the sum of $60,000. The subject areas of the |
20 | grant program shall be: rural people and communities, |
21 | economic development, local government finance and |
22 | administration, community services, natural resources and |
23 | environment, educational outreach, rural values and social |
24 | change, agriculture and health and welfare concerns. |
25 | (3) Develop and maintain an appropriate base of |
26 | knowledge and information about rural conditions and needs |
27 | through a database. The database shall include the following |
28 | major areas of concern: agriculture, economic development, |
29 | local government capacity and fiscal stress indicators, |
30 | transportation, sociodemographics, health care and human |
|
1 | services, environment and natural resources, education and |
2 | condition of the extant local infrastructure of |
3 | Pennsylvania's rural communities. The data shall be arranged |
4 | in such a manner so as to facilitate the monitoring of |
5 | relationships between and among the various sectors |
6 | identified for inclusion in the information system. |
7 | Section 9. Section 2314 of Title 53 is amended to read: |
8 | § 2314. Review of agreement by [Local Government Commission] |
9 | Pennsylvania Office for Research and Public Policy. |
10 | Every agreement between a local government and the |
11 | Commonwealth, any other state, government of another state or |
12 | the Federal Government under the provisions of this subchapter |
13 | shall, prior to and as a condition precedent to enactment of an |
14 | ordinance, be submitted to the [Local Government Commission] |
15 | Pennsylvania Office for Research and Public Policy for review |
16 | and recommendation. The [commission] office shall within [60] 90 |
17 | days of receipt of the agreement determine whether it is in |
18 | proper form and compatible with the laws of this Commonwealth. |
19 | Failure of the [commission] office to make recommendations |
20 | within [60] 90 days of receipt of the agreement shall constitute |
21 | a recommendation in favor of the agreement. |
22 | Section 10. Sections 6131(a)(12), 6134.1(a) and (b) and |
23 | 6137(a)(1), (b), (h)(2) and (i) of Title 61 are amended to read: |
24 | § 6131. General powers of board. |
25 | (a) General rule.--The board shall have the power and its |
26 | duty shall be: |
27 | * * * |
28 | (12) To provide information as required under [42 |
29 | Pa.C.S. § 2153(a)(14) (relating to powers and duties)] 46 |
30 | Pa.C.S. § 5904(a)(14) (relating to powers and duties) as |
|
1 | requested by the commission. |
2 | * * * |
3 | § 6134.1. General criteria for parole by court. |
4 | (a) Guidelines.--The court may parole or reparole subject to |
5 | consideration of guidelines established under [42 Pa.C.S. § |
6 | 2154.5] 46 Pa.C.S. § 5910 (relating to adoption of guidelines |
7 | for parole). |
8 | (b) Report of decision to commission.--If a court paroles or |
9 | reparoles a person, the court shall report the parole or |
10 | reparole decision and shall provide a contemporaneous written |
11 | statement for any deviation from the guidelines established |
12 | under [42 Pa.C.S. § 2154.5] 46 Pa.C.S. § 5910, to the commission |
13 | under [42 Pa.C.S. § 2153(a)(14)] 46 Pa.C.S. § 5904(a)(14) |
14 | (relating to powers and duties). |
15 | * * * |
16 | § 6137. Parole power. |
17 | (a) General criteria for parole.-- |
18 | (1) The board may parole subject to consideration of |
19 | guidelines established under [42 Pa.C.S. § 2154.5] 46 Pa.C.S. |
20 | § 5910 (relating to adoption of guidelines for parole) and |
21 | may release on parole any inmate to whom the power to parole |
22 | is granted to the board by this chapter, except an inmate |
23 | condemned to death or serving life imprisonment, whenever in |
24 | its opinion: |
25 | (i) The best interests of the inmate justify or |
26 | require that the inmate be paroled. |
27 | (ii) It does not appear that the interests of the |
28 | Commonwealth will be injured by the inmate's parole. |
29 | * * * |
30 | (b) Cases involving deviations from guidelines.--In each |
|
1 | case in which the board deviates from the guidelines established |
2 | under [42 Pa.C.S. § 2154.5] 46 Pa.C.S. § 5910, the board shall |
3 | provide a contemporaneous written statement of the reason for |
4 | the deviation from the guidelines to the commission as |
5 | established under [42 Pa.C.S. § 2153(a)(14)] 46 Pa.C.S. § |
6 | 5904(a)(14) (relating to powers and duties). The board may |
7 | develop and use internal decisional instruments. This subsection |
8 | shall not be construed to prevent the board from also developing |
9 | forms or other documents, policies and procedures consistent |
10 | with this chapter, including internal decisional instruments. |
11 | * * * |
12 | (h) Power to recommit.-- |
13 | * * * |
14 | (2) In exercising these powers, the board shall consider |
15 | any applicable recommitment ranges established by the |
16 | commission under [42 Pa.C.S. § 2154.6] 46 Pa.C.S. § 5911 |
17 | (relating to adoption of recommitment ranges following |
18 | revocation of parole by board). |
19 | (i) Cases involving deviations from guidelines.--In each |
20 | case in which the board deviates from the recommitment ranges |
21 | established under [42 Pa.C.S. § 2154.6] 46 Pa.C.S. § 5911, the |
22 | board shall provide a contemporaneous written statement of the |
23 | reason for the deviation from the recommitment ranges to the |
24 | commission, as established under [42 Pa.C.S. § 2153(a)(14)] 46 |
25 | Pa.C.S. § 5904(a)(14). |
26 | * * * |
27 | Section 11. Sections 3732(b)(3) and 3732.1(b)(4) of Title |
28 | 75, amended or added October 19, 2010 (P.L.557, No.81), are |
29 | amended to read: |
30 | § 3732. Homicide by vehicle. |
|
1 | * * * |
2 | (b) Sentencing.-- |
3 | * * * |
4 | (3) The Pennsylvania Commission on Sentencing, pursuant |
5 | to [42 Pa.C.S. § 2154] 46 Pa.C.S. § 5905 (relating to |
6 | adoption of guidelines for sentencing), shall provide for a |
7 | sentencing enhancement for an offense under this section when |
8 | the violation occurred in an active work zone or was the |
9 | result of a violation of section 3325 or 3327. |
10 | § 3732.1. Aggravated assault by vehicle. |
11 | * * * |
12 | (b) Sentencing.-- |
13 | * * * |
14 | (4) The Pennsylvania Commission on Sentencing, under [42 |
15 | Pa.C.S. § 2154] 46 Pa.C.S. § 5905 (relating to adoption of |
16 | guidelines for sentencing), shall provide for a sentencing |
17 | enhancement for an offense under this section when the |
18 | violation occurred in an active work zone or was the result |
19 | of a violation of section 3325 or 3327. |
20 | Section 12. On or after the effective date of this section, |
21 | a reference in any act, resolution or regulation to the Local |
22 | Government Commission, the Joint State Government Commission, |
23 | the Legislative Budget and Finance Committee, the Joint |
24 | Legislative Air and Water Pollution Control and Conservation |
25 | Committee, the Legislative Office of Research Liaison, or the |
26 | Center for Rural Pennsylvania shall be construed to mean the |
27 | Pennsylvania Office for Research and Public Policy. |
28 | Section 13. Repeals are as follows: |
29 | (1) The General Assembly declares that the repeals under |
30 | paragraph (2) are necessary to effectuate this act. |
|
1 | (2) The following acts and parts of acts are repealed as |
2 | follows: |
3 | Act of May 7, 1923 (P.L.158, No.119), entitled "An act |
4 | creating a Legislative Reference Bureau; providing for the |
5 | election of a director by the General Assembly; designating |
6 | the officers and employes of such bureau, defining their |
7 | duties; fixing their salaries; abolishing the present |
8 | Legislative Reference Bureau; and making an appropriation." |
9 | Section 1763-B of the act of April 9, 1929 (P.L.343, |
10 | No.176), known as The Fiscal Code. |
11 | Act of May 29, 1935 (P.L.244, No.102), entitled "An act |
12 | creating a Local Government Commission to study and report on |
13 | functions of local government; their allocation and |
14 | elimination; the cost of local government and means of |
15 | reducing it; and the consolidation of local government; and |
16 | making an appropriation." |
17 | Act of July 1, 1937 (P.L.2460, No.459), entitled, as |
18 | amended, "An act creating a joint legislative commission, to |
19 | be known as the Joint State Government Commission; providing |
20 | for its membership, chairman and executive committee; |
21 | defining its powers and duties; and defining the powers and |
22 | duties of standing committees of the General Assembly." |
23 | Act of June 26, 1939 (P.L.1105, No.388), entitled "An act |
24 | authorizing and directing the Legislative Reference Bureau to |
25 | compile, edit and publish, a compilation of laws relating to |
26 | soldiers, sailors and marines, their dependents, and war |
27 | veteran organizations; and making an appropriation." |
28 | Act of August 4, 1959 (P.L.587, No.195), entitled, as |
29 | amended, "An act creating and establishing the Legislative |
30 | Budget and Finance Committee; providing for its membership; |
|
1 | prescribing its powers, functions and duties; providing for |
2 | the appointment of an executive director and other personnel, |
3 | and making an appropriation." |
4 | Section 49.1 of the act of January 10, 1968 (1967, |
5 | P.L.925, No.417), referred to as the Legislative Officers and |
6 | Employes Law. |
7 | Act of January 19, 1968 (1967 P.L.1022, No.448), entitled |
8 | "An act creating a Joint Legislative Air and Water Pollution |
9 | Control and Conservation Committee, providing for the terms |
10 | and appointment of members and for organization of the |
11 | committee and employment of personnel, providing for study of |
12 | air and water pollution laws and their enforcement, providing |
13 | for information and assistance from other agencies of |
14 | government, and making an appropriation." |
15 | Act of December 10, 1968 (P.L.1158, No.365), entitled "An |
16 | act creating and establishing the Legislative Data Processing |
17 | Committee: providing for its membership; prescribing its |
18 | powers, functions and duties; and making an appropriation." |
19 | Act of December 20, 1982 (P.L. 1442, No.327), entitled |
20 | "An act providing for the historic preservation of the State |
21 | Capitol Building, establishing a Capitol Preservation |
22 | Committee and establishing the Capitol Restoration Trust |
23 | Fund." |
24 | Sections 301, 302, 303, 304, 305 and 306 of the act of |
25 | June 30, 1987 (P.L.163, No.16), known as the Rural |
26 | Pennsylvania Revitalization Act. |
27 | Section 14. The following apply: |
28 | (1) The addition of 46 Pa.C.S. Ch. 53 is a continuation |
29 | of the act of May 7, 1923 (P.L.158, No.119). |
30 | (2) The addition of 46 Pa.C.S. Ch. 55 is a continuation |
|
1 | of the act of December 10, 1968 (P.L.1158, No.365). |
2 | (3) The addition of 46 Pa.C.S. Ch. 57 is a continuation |
3 | of the act of December 20, 1982 (P.L. 1442, No.327). |
4 | (4) The addition of 46 Pa.C.S. Ch. 59 is a continuation |
5 | of 42 Pa.C.S. §§ 2151.1, 2151.2, 2152, 2153, 2154, 2154.1, |
6 | 2154.2, 2154.3, 2154.4, 2154.5, 2154.6, 2154.7 and 2155. |
7 | (5) The addition of 46 Pa.C.S. Ch. 61 is intended to |
8 | preserve the nature and extent of the legislative services |
9 | provided by the Local Government Commission, the Joint State |
10 | Government Commission, the Legislative Budget and Finance |
11 | Committee, the Joint Legislative Air and Water Pollution |
12 | Control and Conservation Committee, the Legislative Office of |
13 | Research Liaison and the Center for Rural Pennsylvania. |
14 | Section 15. This act shall be implemented as follows: |
15 | (1) Implementation of the provisions of this act shall |
16 | begin immediately and shall be fully completed on or before |
17 | July 1, 2012. |
18 | (2) The President pro tempore of the Senate, the |
19 | Minority Leader of the Senate, the Speaker of the House of |
20 | Representatives and the Minority Leader of the House of |
21 | Representatives shall each designate any member of the Senate |
22 | or House of Representatives, respectively, to serve on a |
23 | transition committee. The transition committee shall |
24 | implement the provisions of this act relating to the |
25 | consolidation of the Local Government Commission, the Joint |
26 | State Government Commission, the Legislative Budget and |
27 | Finance Committee, the Joint Legislative Air and Water |
28 | Pollution Control and Conservation Committee, the Legislative |
29 | Office of Research Liaison and the Center for Rural |
30 | Pennsylvania into the Pennsylvania Office for Research and |
|
1 | Public Policy. |
2 | (3) The transition committee shall select an individual |
3 | to serve as interim executive director of the Pennsylvania |
4 | Office for Research and Public Policy during the transitional |
5 | period and until the election required by 46 Pa.C.S. § 6103 |
6 | takes place. Notwithstanding the provisions of 46 Pa.C.S. § |
7 | 6103, the initial election of an executive director shall |
8 | take place on or before July 1, 2012. |
9 | Section 16. The following transitional provisions apply: |
10 | (1) All personnel, allocations, appropriations, |
11 | equipment, files, records, contracts, agreements, obligations |
12 | and other materials which are used, employed or expended by |
13 | the Local Government Commission, the Joint State Government |
14 | Commission, the Legislative Budget and Finance Committee, the |
15 | Joint Legislative Air and Water Pollution Control and |
16 | Conservation Committee, the Legislative Office of Research |
17 | Liaison and the Center for Rural Pennsylvania are transferred |
18 | to the Pennsylvania Office for Research and Public Policy in |
19 | the first instance and as if these contracts, agreements and |
20 | obligations had been incurred or entered into by the |
21 | Pennsylvania Office for Research and Public Policy. |
22 | (2) Except as otherwise provided in paragraph (3), any |
23 | project, study or investigation pursuant to a statute enacted |
24 | within six years preceding the effective date of this |
25 | section, a resolution adopted by the General Assembly or a |
26 | resolution adopted by the Senate or the House of |
27 | Representatives regarding the Local Government Commission, |
28 | the Joint State Government Commission, the Legislative Budget |
29 | and Finance Committee, the Joint Legislative Air and Water |
30 | Pollution Control and Conservation Committee, the Legislative |
|
1 | Office of Research Liaison and the Center for Rural |
2 | Pennsylvania is transferred to the Pennsylvania Office of |
3 | Research and Public Policy. |
4 | (3) Any project, study or investigation regarding the |
5 | Joint State Government Commission pursuant to the act of |
6 | March 10, 1949 (P.L.30, No.14), known as the Public School |
7 | Code of 1949, or section 20 of the act of June 28, 1947 |
8 | (P.L.1110, No.476), known as the Motor Vehicle Sales Finance |
9 | Act, is transferred to the Pennsylvania Office of Research |
10 | and Public Policy. |
11 | Section 17. The personnel, appropriations, equipment and |
12 | other items and materials transferred by this act shall include |
13 | an appropriate portion of the general administrative, overhead |
14 | and supporting personnel, appropriations, equipment and other |
15 | material of the Local Government Commission, the Joint State |
16 | Government Commission, the Legislative Budget and Finance |
17 | Committee, the Joint Legislative Air and Water Pollution Control |
18 | and Conservation Committee, the Legislative Office of Research |
19 | Liaison and the Center for Rural Pennsylvania and shall also |
20 | include, where applicable, Federal grants and funds and other |
21 | benefits from any Federal program. |
22 | Section 18. This act shall take effect July 1, 2011, or |
23 | immediately, whichever is later. |
24 | CHAPTER 1 | <-- |
25 | PRELIMINARY PROVISIONS |
26 | Section 101. Short title. |
27 | This act shall be known and may be cited as the Government |
28 | Support Agency Law. |
29 | Section 102. Purposes. |
30 | In enacting this act it is the purpose of the General |
|
1 | Assembly to: |
2 | (1) Consolidate in one act the enabling laws for |
3 | existing government support agencies, including, but not |
4 | limited to, the Legislative Reference Bureau, the Legislative |
5 | Data Processing Committee and the Capitol Preservation |
6 | Committee. |
7 | (2) Consolidate in a new Pennsylvania Office for |
8 | Research and Public Policy the powers and duties of the Joint |
9 | State Government Commission, the Legislative Budget and |
10 | Finance Committee, the Joint Legislative Air and Water |
11 | Pollution Control and Conservation Committee and the Center |
12 | for Rural Pennsylvania. |
13 | (3) By consolidating the five agencies listed in |
14 | paragraph (2) into one new agency, achieve efficiencies and |
15 | cost savings while bringing the expertise of the staffs of |
16 | these agencies together to interact and share their ideas and |
17 | their workload in order to better serve the General Assembly. |
18 | Section 103. Definitions. |
19 | The following words and phrases when used in this act shall |
20 | have the meanings given to them in this section unless the |
21 | context clearly indicates otherwise: |
22 | "Government support agency." Any of the following: |
23 | (1) The Legislative Reference Bureau established under |
24 | Chapter 3. |
25 | (2) The Legislative Data Processing Committee |
26 | established under Chapter 5. |
27 | (3) The Capitol Preservation Committee established under |
28 | Chapter 7. |
29 | (4) The Pennsylvania Commission on Sentencing |
30 | established under 42 Pa.C.S. Ch. 21, Subch. F (relating to |
|
1 | Pennsylvania Commission on Sentencing). |
2 | (5) The Local Government Commission. |
3 | (6) The Pennsylvania Office for Research and Public |
4 | Policy established under Chapter 11. |
5 | Section 104. Cooperation among agencies. |
6 | (a) General rule.--The executive directors of the government |
7 | support agencies shall meet to discuss how their respective |
8 | agencies may support each other in order to better serve the |
9 | General Assembly. The executive director of the Pennsylvania |
10 | Office of Research and Public Policy shall schedule the meetings |
11 | with the goal of meeting at least quarterly. |
12 | (b) Development of procedures.--The executive directors of |
13 | the government support agencies may develop procedures for |
14 | sharing employees on certain projects. |
15 | CHAPTER 3 |
16 | LEGISLATIVE REFERENCE BUREAU |
17 | Section 301. Definitions. |
18 | The following words and phrases when used in this chapter |
19 | shall have the meanings given to them in this section unless the |
20 | context clearly indicates otherwise: |
21 | "Bureau." The Legislative Reference Bureau established by |
22 | this chapter. |
23 | "Director." The Director of the Legislative Reference |
24 | Bureau. |
25 | Section 302. Legislative Reference Bureau. |
26 | (a) Establishment.--The Legislative Reference Bureau is |
27 | established for the use and information of the Governor, the |
28 | members of the General Assembly, the heads of the departments of |
29 | State government and the citizens of this Commonwealth who wish |
30 | to consult the bureau. |
|
1 | (b) Location.--The bureau shall be located in the Main |
2 | Capitol Building. |
3 | Section 303. Director. |
4 | The Director of the Legislative Reference Bureau shall be in |
5 | charge of the bureau and shall be elected biennially before the |
6 | first day of February, each odd-numbered year, by the Senate and |
7 | House of Representatives in joint session. |
8 | Section 304. Qualifications and duties of director. |
9 | (a) General rule.--The director shall be: |
10 | (1) Qualified by experience, knowledge and ability to |
11 | conduct the work of the bureau. |
12 | (2) Knowledgeable in legislative procedure and |
13 | parliamentary practice and shall in such matters, when called |
14 | upon to do so, serve as an ex officio advisor to the General |
15 | Assembly. |
16 | (b) Bond.--The person elected as director shall give bond in |
17 | the sum of $10,000 for the faithful performance of the person's |
18 | duties and shall devote the person's whole time and attention to |
19 | the duties of the office for which the person is elected. |
20 | (c) Access to legislative documents.--The director shall |
21 | have access to the law library and its publications of the |
22 | Federal Government and the various state governments, which may |
23 | be generally classed as legislative documents. |
24 | (d) Salary.--The annual salary of the director shall be |
25 | determined jointly by the President pro tempore of the Senate, |
26 | the Minority Leader of the Senate, the Speaker of the House of |
27 | Representatives and the Minority Leader of the House of |
28 | Representatives. |
29 | Section 305. Assistant director. |
30 | (a) Appointment by director.--The director shall appoint an |
|
1 | assistant director who must be learned in the law and a skilled |
2 | bill drafter. |
3 | (b) Salary and duties.-- |
4 | (1) The assistant director shall receive a salary as |
5 | fixed by the director. |
6 | (2) The assistant director shall perform the duties of |
7 | the director in the case of a vacancy in that office or in |
8 | case of the absence or inability of the director to act. |
9 | (3) The assistant director shall perform such other |
10 | duties as may be assigned by the director. |
11 | Section 306. Staff. |
12 | (a) Appointment by director.--The director shall appoint a |
13 | trained librarian and such attorneys-at-law, clerks, |
14 | secretaries, stenographers, typists, messengers and other |
15 | employees, as the director deems necessary, and for such periods |
16 | and on such terms as the director deems advantageous to conduct |
17 | the work of the bureau at all times. |
18 | (b) Compensation.--The director shall fix the number and |
19 | compensation of all employees of the bureau within the limits of |
20 | appropriations made in advance by the General Assembly. |
21 | Section 307. Hours of operation. |
22 | The bureau shall be kept open on business days from 8:45 a.m. |
23 | to 4:45 p.m. during the year and, when the General Assembly is |
24 | in session, at such hours as are most convenient to the members |
25 | of the General Assembly. |
26 | Section 308. Legislative and public documents. |
27 | (a) Duty to maintain.--The director shall prepare, and have |
28 | available for use: |
29 | (1) Indices of Pennsylvania laws, digests of such public |
30 | laws of this Commonwealth and other states as may be of use |
|
1 | for legislative information. |
2 | (2) Records and files of all bills and resolutions |
3 | presented in either branch of the General Assembly and loose |
4 | leaf files of acts of Assembly. |
5 | (3) Catalog files of such reports of departments, boards |
6 | and commissions and other public documents of this |
7 | Commonwealth. |
8 | (4) General books and pamphlets as pertain to the work |
9 | and service of the bureau, files of newspaper and periodical |
10 | clippings and other printed matter as may be proper for the |
11 | purposes of the bureau. |
12 | (b) Procurement of information.--The director shall, when |
13 | requested by the Governor, the members of the General Assembly |
14 | or the heads of departments, promptly procure available |
15 | information not on file in the bureau relating to legislation of |
16 | other states and shall investigate the manner in which laws have |
17 | operated. |
18 | (c) Exchange of information with other states.--The director |
19 | shall establish a system of exchanges with such other states as |
20 | is expedient and practicable. |
21 | (d) Preparation and publication of information.--The |
22 | director shall from time to time prepare and publish such |
23 | bulletins, pamphlets and circulars containing information |
24 | collected by the bureau and such compilations of this or other |
25 | states as the director determines to be of service to the |
26 | Governor, the members of the General Assembly, the several |
27 | departments of State government and the citizens of this |
28 | Commonwealth. |
29 | (e) Preparation of codes.-- |
30 | (1) From time to time the director shall prepare, for |
|
1 | adoption or rejection by the General Assembly, codes, by |
2 | topics, of the existing general statutes, arranged by |
3 | chapters or articles and sections under suitable headings and |
4 | shall add to the codes lists of statutes of the existing law |
5 | to be repealed. |
6 | (2) The director shall assist in or supervise, when |
7 | called upon by any proper authority or when directed to do so |
8 | by the General Assembly, the compilation and preparation of |
9 | any general revision and codification of the existing laws of |
10 | this Commonwealth. |
11 | Section 309. Duties of bureau. |
12 | (a) Prohibited activity.--The director, assistant director |
13 | and employees of the bureau may neither oppose nor urge |
14 | legislation for the Commonwealth. |
15 | (b) Advice and assistance.--The director, assistant director |
16 | and employees of the bureau shall, upon request, assist the |
17 | Governor, the members of the General Assembly and the heads of |
18 | departments by: |
19 | (1) Providing advice relating to bills and resolutions |
20 | of the General Assembly. |
21 | (2) Drafting bills and resolutions into proper form. |
22 | (3) Furnishing to them the fullest information upon all |
23 | matters within the scope of the bureau relating to their |
24 | public duties. |
25 | (c) Confidentiality.--The director, assistant director and |
26 | employees of the bureau may not reveal to any person outside the |
27 | bureau the contents or nature of any matter not yet published, |
28 | without the consent of the person who brought the matter to the |
29 | bureau. |
30 | Section 310. Availability for consultation. |
|
1 | (a) Duties.--The bureau shall be available for consultation |
2 | freely by citizens of this Commonwealth relating to such general |
3 | information as it may be able to furnish and as to the statutory |
4 | law of this Commonwealth or any other state on particular |
5 | subjects and shall furnish to citizens, upon request, copies of |
6 | such laws as are available for distribution. |
7 | (b) Prohibition.--Notwithstanding the provisions of |
8 | subsection (a), in no case and under no circumstances shall the |
9 | director, assistant director or any employee of the bureau in |
10 | that person's official capacity furnish any opinion on any legal |
11 | matter to any private citizen. |
12 | Section 311. Contracts for printing statutes. |
13 | (a) Power to enter into contracts.-- |
14 | (1) Notwithstanding any other provision of law to the |
15 | contrary, including 62 Pa.C.S. (relating to procurement), the |
16 | Pennsylvania Consolidated Statutes, advance copies of |
17 | statutes, volumes of the Laws of Pennsylvania and other |
18 | publications shall be printed under contracts entered into by |
19 | the bureau and distributed as determined by the bureau. |
20 | (2) Money from sales shall be paid to the bureau or the |
21 | Department of General Services, as the bureau shall |
22 | determine, and that money shall be paid into the State |
23 | Treasury to the credit of the General Fund. |
24 | (3) Money from sales is appropriated from the General |
25 | Fund to the bureau for the editing, printing and distribution |
26 | of the Pennsylvania Consolidated Statutes, advance copies of |
27 | statutes, volumes of the Laws of Pennsylvania and other |
28 | publications and for related expenses. |
29 | (b) Contingent expenses to be paid.--Contingent expenses |
30 | connected with the work of the bureau shall be paid on warrants |
|
1 | of the State Treasurer in favor of the director on the |
2 | presentation of the director's requisitions. |
3 | (c) Accounting of contingent expenses.--The director shall |
4 | file an accounting of the contingent expenses, together with |
5 | supporting documents whenever possible, in the office of the |
6 | bureau. |
7 | CHAPTER 5 |
8 | LEGISLATIVE DATA PROCESSING COMMITTEE |
9 | Section 501. Definitions. |
10 | The following words and phrases when used in this chapter |
11 | shall have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Committee." The Legislative Data Processing Committee |
14 | established by this chapter. |
15 | "Executive director." The executive director of the |
16 | Legislative Data Processing Committee. |
17 | Section 502. Legislative Data Processing Committee. |
18 | (a) Establishment.-- |
19 | (1) The Legislative Data Processing Committee is |
20 | established and shall consist of: |
21 | (i) Two senators appointed by the President pro |
22 | tempore of the Senate. |
23 | (ii) Two senators appointed by the Minority Leader |
24 | of the Senate. |
25 | (iii) Two representatives appointed by the Speaker |
26 | of the House of Representatives. |
27 | (iv) Two representatives appointed by the Minority |
28 | Leader of the House of Representatives. |
29 | (v) The Secretary of the Senate and the |
30 | Parliamentarian of the House of Representatives, who |
|
1 | shall serve as nonvoting members of the committee. |
2 | (2) Members of the committee shall serve during each |
3 | regular session of the General Assembly and shall continue as |
4 | members until the first Tuesday in January of the next odd- |
5 | numbered year and until their respective successors shall |
6 | qualify, provided they continue to be members of the Senate |
7 | or of the House of Representatives. |
8 | (3) The committee has a continuing existence and may |
9 | meet and conduct its business at any place within this |
10 | Commonwealth during the sessions of the General Assembly or |
11 | any recess thereof and in the interim between sessions. |
12 | (b) Quorum and voting.--Six members of the committee shall |
13 | constitute a quorum and an affirmative vote of five members of |
14 | the committee shall be necessary to pass on any matter requiring |
15 | committee action. |
16 | (c) Attendance.--Nothing in this chapter or in any rules and |
17 | regulations promulgated by the committee shall prohibit a member |
18 | of the committee from participating in a meeting, executive |
19 | session, deliberations or any other activity through telephone |
20 | or other electronic medium. |
21 | (d) Proxies.--The committee shall adopt rules allowing for |
22 | and governing the use of proxies by members of the committee, |
23 | except that proxies may not be used to establish a quorum. |
24 | Section 503. Powers and duties. |
25 | The committee shall have the following powers and duties: |
26 | (1) To establish and operate a legislative data |
27 | processing center incorporating a system or systems that are |
28 | capable of storing and retrieving all of the financial, |
29 | factual, procedural and legal information necessary to serve |
30 | all of the committees, officers and agencies of the General |
|
1 | Assembly. |
2 | (2) With the approval of the Committee on Management |
3 | Operations of the Senate and the Bi-partisan Management |
4 | Committee of the House of Representatives, to provide access |
5 | to public legislative information within the computer |
6 | information systems operated by the committee to persons |
7 | outside the General Assembly as the committee deems |
8 | appropriate. The access shall be provided in the manner |
9 | approved by the committee, the Committee on Management |
10 | Operations of the Senate and the Bi-partisan Management |
11 | Committee of the House of Representatives. No information |
12 | residing in the computer information systems operated by the |
13 | committee shall be released or disseminated by the committee |
14 | or its employees to persons outside the General Assembly |
15 | without the approval of: |
16 | (i) The Committee on Management Operations of the |
17 | Senate if the document or information was originated, |
18 | prepared, generated or maintained in whole or in part by |
19 | the Senate. |
20 | (ii) The Bi-partisan Management Committee of the |
21 | House of Representatives if the document or information |
22 | was originated, prepared, generated or maintained in |
23 | whole or in part by the House of Representatives. |
24 | (3) Notwithstanding paragraph (2), to provide access to |
25 | information relating to bills, legislative histories and |
26 | session calendars to the Governor's Office, the Office of |
27 | Attorney General, the Auditor General, the State Treasurer, |
28 | the heads of other departments and such other offices within |
29 | State government as the committee, with the approval of the |
30 | Committee on Management Operations of the Senate and the Bi- |
|
1 | partisan Management Committee of the House of |
2 | Representatives, shall determine. |
3 | (4) To appoint and employ an executive director, who |
4 | shall be the chief executive officer of the committee, and |
5 | such other personnel as the committee may deem necessary in |
6 | the performance of its duties and to fix the compensation of |
7 | the executive director and other personnel. |
8 | (5) To enter into contracts for the services of such |
9 | professional, expert or technical services as the committee |
10 | may deem necessary in the performance of its duties. |
11 | (6) To purchase or rent such equipment and supplies as |
12 | the committee may deem necessary in the performance of its |
13 | duties. |
14 | (7) To select its own chairman, vice chairman and such |
15 | other officers as the committee may deem necessary in the |
16 | performance of its duties. |
17 | (8) To make such rules and regulations as the committee |
18 | may deem necessary to properly carry out the most efficient |
19 | use of a legislative data processing system. |
20 | Section 504. Duties and qualifications of executive director. |
21 | The executive director shall perform such duties as shall be |
22 | assigned to that office by the committee and must have the |
23 | following qualifications to be eligible for appointment: |
24 | (1) a master's degree in mathematics, physics, computer |
25 | technology or some related field of study from an accredited |
26 | institution of higher learning; |
27 | (2) a bachelor's degree from an accredited institution |
28 | of higher learning and at least three years of practical |
29 | experience in computer technology; |
30 | (3) at least five years of practical experience in |
|
1 | computer technology of which at least two years must have |
2 | included administrative and technical responsibility for |
3 | developing and implementing a computer-oriented data |
4 | processing system; or |
5 | (4) at least three years of practical experience in |
6 | developing computer data processing systems and any partial |
7 | combination of the experience qualifications specified in |
8 | paragraphs (1), (2) and (3) which in the committee's judgment |
9 | will result in the selection of an executive director capable |
10 | of performing the duties prescribed in this chapter. |
11 | Section 505. Prohibitions. |
12 | (a) General rule.--No person designated by the committee as |
13 | a professional employee, including the executive director, |
14 | shall: |
15 | (1) Be a member of or delegate or alternate to a |
16 | political convention, nor participate at any such convention, |
17 | except in the performance of the person's official duty or as |
18 | a visitor. |
19 | (2) Serve as a member of any committee of any political |
20 | party, take an active part in political management or in |
21 | political campaigns, use the person's office or position to |
22 | influence political movements or to influence the political |
23 | action of an officer or employee in the classified service. |
24 | (3) Circulate or seek signatures to a nomination or |
25 | other petition required by any primary or election law. |
26 | (4) Seek or accept election, nomination or appointment |
27 | as an officer of a political club or organization or serve as |
28 | a member of a committee of any such club or organization. |
29 | (5) In any manner participate in or interfere with the |
30 | conduct of any election or the preparation therefor at the |
|
1 | polling place or with the election officers while counting |
2 | the votes or returning the election material to the place |
3 | provided by law for that purpose. This paragraph shall not |
4 | apply to making and depositing the person's own ballot as |
5 | speedily as it reasonably can be done. |
6 | (6) Be within the polling place or within 50 feet of a |
7 | polling place, except for the purpose of carrying out the |
8 | person's official duties and of ordinary travel or residence |
9 | during the period of time beginning with one hour preceding |
10 | the opening of the polls for holding such election and ending |
11 | with the time when the election officers shall have finished |
12 | counting the votes and have left the polling place for the |
13 | purpose of depositing the election material in the place |
14 | provided by law for that purpose. |
15 | (b) Preservation of rights.--The rights of an individual as |
16 | a citizen are not impaired by this section, and the prerogative |
17 | to attend meetings, to hear or see any candidate or nominee or |
18 | to express one's individual opinion shall remain inviolate. |
19 | Section 506. Reimbursement of expenses. |
20 | The members of the committee shall serve without |
21 | compensation, but shall be reimbursed for their expenses |
22 | incurred: |
23 | (1) While attending sessions of the committee or |
24 | meetings of any subcommittee of the committee. |
25 | (2) While engaged in other committee business authorized |
26 | by the committee. |
27 | (3) In going to and coming from meetings of the |
28 | committee or its subcommittees. |
29 | (4) For travel and other committee business when |
30 | authorized by the committee. |
|
1 | CHAPTER 7 |
2 | CAPITOL PRESERVATION COMMITTEE |
3 | Section 701. Legislative findings and declaration of policy. |
4 | The General Assembly finds and declares as follows: |
5 | (1) This Commonwealth has a rich heritage of historical |
6 | buildings, structures, documents, artifacts and other objects |
7 | and resources which bear witness to its growth as one of the |
8 | great states of this nation. |
9 | (2) Efforts have been made toward the restoration and |
10 | preservation of buildings, structures, documents, artifacts |
11 | and objects evidencing the history of this eminent |
12 | Commonwealth and of the General Assembly and these efforts |
13 | should be continued and intensified. |
14 | (3) Particular attention should be given to the |
15 | preservation of the architectural and historical integrity of |
16 | the State Capitol Building and to the restoration and |
17 | preservation of artifacts, documents and other historical |
18 | objects and resources located within that building. |
19 | (4) The most effective way to promote and foster the |
20 | historic preservation of the State Capitol Building is by the |
21 | establishment of a committee to supervise and coordinate this |
22 | work. |
23 | Section 702. Definitions. |
24 | The following words and phrases when used in this chapter |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Committee." The Capitol Preservation Committee established |
28 | by this chapter. |
29 | "Fund." The Capitol Restoration Trust Fund established by |
30 | this chapter. |
|
1 | Section 703. Capitol Preservation Committee. |
2 | (a) Establishment.--The Capitol Preservation Committee is |
3 | established and shall supervise and coordinate the historic |
4 | preservation of the State Capitol Building and the preservation |
5 | and restoration of historical documents, artifacts and other |
6 | objects and resources located in or associated with the State |
7 | Capitol Building. |
8 | (b) Membership.--The committee shall be composed of the |
9 | following: |
10 | (1) Four members of the Senate to be appointed by the |
11 | President pro tempore of the Senate, two from the majority |
12 | party and two from the minority party. |
13 | (2) Four members of the House of Representatives to be |
14 | appointed by the Speaker of the House of Representatives, two |
15 | from the majority party and two from the minority party. |
16 | (3) One member, appointed by the Chief Justice of |
17 | Pennsylvania, who is not a member of the judiciary. |
18 | (4) The Secretary of General Services or the secretary's |
19 | designee. |
20 | (5) The Executive Director of the Pennsylvania |
21 | Historical and Museum Commission or the executive director's |
22 | designee. |
23 | (6) Three members appointed by the Governor, which |
24 | members shall include individuals with experience in |
25 | restoration of monumental buildings or a background in |
26 | historical restoration or fine arts conservation. |
27 | (b.1) Restriction.--No member appointed under subsection (b) |
28 | (3) or (6) shall be a member of the executive, legislative or |
29 | judicial branch of State government at the time of the person's |
30 | appointment. |
|
1 | (c) Terms.-- |
2 | (1) Members appointed under subsection (b)(1) and (2) |
3 | shall be appointed at the commencement of a regular session |
4 | of the General Assembly in each odd-numbered year. These |
5 | appointments shall take effect 31 days following the |
6 | convening of the session, and the terms of these members |
7 | shall run until 30 days after the convening of the next |
8 | regular session of the General Assembly. |
9 | (2) The terms of members enumerated in subsection (b)(4) |
10 | and (5) shall be coincident with their respective offices. |
11 | (3) The terms of members appointed under subsection (b) |
12 | (3) and (6) shall be coincident with that of the appointing |
13 | Governor, President pro tempore of the Senate, Speaker of the |
14 | House of Representatives and Chief Justice of Pennsylvania. |
15 | (d) Vacancies.--Vacancies in the membership of the committee |
16 | shall be filled for the balance of the unexpired term in the |
17 | same manner as the original appointment. |
18 | (e) Organization and procedure.-- |
19 | (1) The committee shall elect by a majority of all its |
20 | members a chairman and vice chairman from among its members, |
21 | each to serve for a term of two years, and the committee |
22 | shall meet not less than twice each year. |
23 | (2) A majority of all the members of the committee shall |
24 | constitute a quorum for the transaction of business. |
25 | (3) The committee may adopt rules for its government, |
26 | organization and procedures not inconsistent with the |
27 | provisions of this chapter. |
28 | (f) Expenses.--Members of the committee shall receive no |
29 | compensation for their services but shall be reimbursed for all |
30 | necessary travel and other reasonable expenses incurred in |
|
1 | connection with the performance of their duties as members. |
2 | Section 704. Powers and duties. |
3 | In addition to other powers and duties conferred by this |
4 | chapter, the committee shall have the following powers and |
5 | duties: |
6 | (1) To develop a comprehensive plan and program for the |
7 | historic preservation and restoration of the State Capitol |
8 | Building. |
9 | (2) To monitor the making of all major repairs, |
10 | alterations and improvements in and about the State Capitol |
11 | Building, including the furnishing and refurnishing of the |
12 | building, where such repairs, alterations or improvements may |
13 | alter or otherwise affect the architectural and historical |
14 | integrity of the building. |
15 | (3) To monitor the maintenance, restoration, |
16 | preservation and rehabilitation of historical documents, |
17 | artifacts and other historical objects or resources located |
18 | within and around, or associated with, the State Capitol |
19 | Building. |
20 | (4) To acquire on behalf of the Commonwealth artifacts, |
21 | documents and other historical objects or resources which |
22 | contribute to the historical significance of the State |
23 | Capitol Building. |
24 | (5) To receive for and on behalf of the Commonwealth |
25 | gifts or bequests of artifacts, documents and other |
26 | historical objects or resources which contribute to the |
27 | historical significance of the State Capitol Building. |
28 | (6) To assist in the preservation of other buildings and |
29 | structures located within the Capitol Complex. |
30 | (7) To accept grants and subsidies from and enter into |
|
1 | agreements or other transactions with any Federal agency or |
2 | agency of the Commonwealth or other entity. |
3 | (8) To enter into contracts and to execute all |
4 | instruments necessary or convenient for carrying on its |
5 | operations. |
6 | (9) To issue appropriate regulations for the |
7 | implementation of this chapter. |
8 | (10) To do all other things necessary or convenient to |
9 | carry out the powers and duties conferred by this chapter. |
10 | Section 705. Capitol Restoration Trust Fund. |
11 | (a) Establishment.--The Capitol Restoration Trust Fund is |
12 | established in the State Treasury. The fund shall be |
13 | administered by the committee and all moneys in the fund are |
14 | appropriated to the committee on a continuing basis. |
15 | (b) Purpose.--The moneys in the fund shall be used for: |
16 | (1) The maintenance, restoration, preservation and |
17 | rehabilitation of artifacts, documents and other historical |
18 | objects or resources located within and around or associated |
19 | with the State Capitol Building or acquired by the committee. |
20 | (2) The acquisition of artifacts, documents and other |
21 | historical objects or resources, including, but not limited |
22 | to, statuary, art or any element which contributes to the |
23 | historical significance of the State Capitol Building. |
24 | (c) Contributions, solicitation of funds.-- |
25 | (1) The committee may: |
26 | (i) Accept on behalf of the Commonwealth gifts, |
27 | donations, legacies and usages of money from individuals, |
28 | organizations, public or private corporations and other |
29 | similar entities. |
30 | (ii) Solicit and raise moneys from public and |
|
1 | private sources through the sale of commemorative medals |
2 | and other items of a similar nature which promote the |
3 | historic preservation and restoration of the State |
4 | Capitol Building. |
5 | (2) Except for appropriations made by the General |
6 | Assembly, all moneys received or raised under this section |
7 | shall be paid into the State Treasury and credited to the |
8 | fund. |
9 | (d) Operating expenses.--Appropriations made by the General |
10 | Assembly to the committee shall be used for: |
11 | (1) Payment of necessary travel and other reasonable |
12 | expenses of committee members. |
13 | (2) The compensation and expenses of staff for the |
14 | committee. |
15 | (3) Administrative expenses. |
16 | (4) Administering the provisions of the chapter. |
17 | Chapter 9 |
18 | Local Government COMMISSION |
19 | Section 901. Definitions. |
20 | The following words and phrases when used in this chapter |
21 | shall have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
23 | "Commission." The Local Government Commission. |
24 | "Local government." Any counties, cities, boroughs, towns, |
25 | townships, school districts and poor districts, except counties |
26 | of the first and second class, and cities of the first, second |
27 | and second class A. |
28 | Section 902. Commission. |
29 | (a) Creation.--A commission is hereby created which shall |
30 | consist of ten members to serve without compensation, five of |
|
1 | whom shall be appointed by the President pro tempore of the |
2 | Senate, three from among the majority party and two from among |
3 | the minority party of the Senate, and five shall be appointed by |
4 | the Speaker of the House of Representatives, three from among |
5 | the majority party and two from among the minority party of the |
6 | House of Representatives. The commission shall be known as the |
7 | "Local Government Commission." |
8 | (b) Term.--The term of each member of the commission shall |
9 | run from the date of his respective appointment until 30 days |
10 | after the convening of the next regular session of the General |
11 | Assembly in odd-numbered years and until his successor is |
12 | appointed and qualified. |
13 | (c) Appointments.--The President pro tempore of the Senate |
14 | and the Speaker of the House of Representatives shall make the |
15 | appointments authorized by this section. Such appointments shall |
16 | take effect 31 days after the convening of each regular session |
17 | of the General Assembly in odd-numbered years. |
18 | (d) Vacancy.--Any vacancy happening in the membership of the |
19 | commission shall be filled by the appointing power making the |
20 | original appointment for the unexpired term. |
21 | (e) Meetings.--The commission shall organize as soon as may |
22 | be after the appointment of members 31 days after the convening |
23 | of each regular session of the General Assembly in odd-numbered |
24 | years, at the call of the President pro tempore of the Senate, |
25 | by electing a chairman, vice chairman and a secretary. The |
26 | secretary need not be a member of the commission. |
27 | Section 903. Duties. |
28 | (a) Studies and investigations.--It shall be the duty of the |
29 | commission to study and investigate the following: |
30 | (1) The functions of local government, their proper |
|
1 | allocation and the possibility of eliminating unnecessary |
2 | functions, and the duplication and overlapping of functions. |
3 | (2) The cost of local government, including State |
4 | mandates, and ways and means of reducing this cost and |
5 | lessening the burden on local taxpayers. The commission shall |
6 | identify, catalog and maintain a database of State mandates |
7 | on local government. |
8 | (3) The advisability and feasibility of increasing the |
9 | areas or changing the boundaries of local governments; of |
10 | establishing larger units for administration by consolidation |
11 | of units by cooperative arrangements between them for the |
12 | performance of certain functions or by other means; and |
13 | generally ways and means of organizing a simple system of |
14 | local government and to exercise such other functions as may |
15 | be deemed necessary to carry into effect the spirit and |
16 | intent of this act. |
17 | (4) The modernization of municipal codes and other laws |
18 | related to local government. For purposes of this duty, the |
19 | commission shall consult with municipal associations and may |
20 | consult with others, including public officials, |
21 | practitioners, academics and Federal and State agencies. |
22 | (b) Research assistance.--The commission shall provide |
23 | research assistance to members of the General Assembly, |
24 | legislative staff and constituents on matters related to local |
25 | government. |
26 | (c) Intergovernmental cooperation agreements.--The |
27 | commission shall review intergovernmental agreements in |
28 | accordance with 53 Pa.C.S. § 2314 (relating to review of |
29 | agreement by Local Government Commission). |
30 | (d) Other functions.--The commission shall exercise other |
|
1 | functions as may be deemed necessary to provide information to |
2 | and assist local governments and municipal associations. |
3 | Section 904. Code compilation. |
4 | (a) Duty.--It shall be the duty of the commission to arrange |
5 | for the compilation and distribution of the act of August 9, |
6 | 1955 (P.L.323, No.130), known as The County Code, the act of |
7 | June 23, 1931 (P.L.932, No.317), known as The Third Class City |
8 | Code, the act of February 1, 1966 (1965 P.L.1656, No.581), known |
9 | as The Borough Code, the act of June 24, 1931 (P.L.1206, |
10 | No.331), known as The First Class Township Code, the act of May |
11 | 1, 1933 (P.L.103, No.69), known as The Second Class Township |
12 | Code and all temporary or permanent supplements or amendments to |
13 | the aforementioned codes. |
14 | (b) Policy.--The commission shall adopt a statement of |
15 | policy relating to the distribution of the aforementioned codes |
16 | without reference to the restrictions placed upon or fixed for |
17 | the distribution of other publications of this Commonwealth. |
18 | Initially, the commission shall distribute an updated copy of |
19 | the appropriate code to each elected official of the political |
20 | subdivision governed by the specific code and such appointed |
21 | officials of the political subdivisions as the commission in its |
22 | discretion deems necessary. Thereafter, the statement of policy |
23 | shall provide for free distribution upon request, of at least |
24 | one copy of every publication printed under authority of this |
25 | act to each: |
26 | (1) Political subdivision governed by such code. |
27 | (2) County for use of its law library. |
28 | (3) Member of the General Assembly. |
29 | (4) Law school library which under rules of court |
30 | receives copies of printed briefs and records filed in the |
|
1 | Supreme Court of Pennsylvania. |
2 | (5) State Law Library of the Commonwealth of |
3 | Pennsylvania. |
4 | A statement of policy adopted pursuant to this subsection may |
5 | amend, repeal, suspend or replace inconsistent provisions of any |
6 | rule, regulation, policy, guideline or interpretation previously |
7 | promulgated by the commission concerning the distribution of the |
8 | aforementioned codes. |
9 | (c) Requests.--Upon request by a member of the General |
10 | Assembly, copies of those publications referred to in subsection |
11 | (a) will be distributed to the indicated parties either through |
12 | the member's office or through the commission as indicated by |
13 | the member. |
14 | (d) Electronic publication of municipal codes.--The |
15 | commission may publish, maintain and update electronic copies of |
16 | the codes set forth in subsection (a) in addition to, or in lieu |
17 | of, printed publication and distribution of the aforementioned |
18 | codes and any temporary or permanent supplements or amendments |
19 | thereto in accordance with this section. Municipal codes |
20 | electronically published shall be available on an Internet |
21 | website maintained by the commission in a secure format |
22 | accessible to the public and shall be updated within 60 days of |
23 | the enactment of any amendment. |
24 | Section 905. Powers. |
25 | (a) Recommendations.--The commission shall have power to |
26 | recommend tentative plans for the consolidation or |
27 | reorganization of any units of local government or changes in |
28 | the boundaries thereof. The commission, after holding public |
29 | hearings, shall prepare and recommend for adoption a plan or |
30 | plans of local government consolidation or changes of political |
|
1 | boundaries, for any or all units of local government. |
2 | (b) Employment.--The commission shall have power to employ |
3 | and fix the compensation of such experts, stenographers and |
4 | assistants as may be deemed necessary to carry out the work of |
5 | the commission, but due diligence shall be exercised by the |
6 | commission to enlist such voluntary assistance as may be |
7 | available from citizens, research organizations and other |
8 | agencies in Pennsylvania or elsewhere, generally recognized as |
9 | qualified to aid the commission with information as to existing |
10 | conditions or advice as to possibilities in governmental |
11 | economies or reorganization. The Legislative Reference Bureau, |
12 | the Department of Community and Economic Development and other |
13 | agencies of the Commonwealth, as well as all local governments |
14 | within the Commonwealth, shall give the commission, on request, |
15 | such information and assistance as may be reasonably accessible. |
16 | Section 906. Reporting. |
17 | The commission shall report to the General Assembly no less |
18 | frequently than every five years. The report shall contain a |
19 | statement of the progress of its work over the reporting period, |
20 | projections of work to be completed during the ensuing reporting |
21 | period and such updates on legislation and constitutional |
22 | amendments, if any, as it deems necessary to carry into effect |
23 | the provisions and objectives of this chapter. |
24 | Section 907. Appropriations. |
25 | Any appropriation to the commission shall be used in |
26 | accordance with the purposes, if any, expressed in the |
27 | appropriation act and for the payment of the expenses of the |
28 | members of the commission; for the compensation and expenses of |
29 | the staff; for printing; for postage, supplies, telephone, rent, |
30 | information technology and miscellaneous expenses; and generally |
|
1 | for the purposes of carrying into effect the provisions of this |
2 | chapter. |
3 | CHAPTER 11 |
4 | PENNSYLVANIA OFFICE FOR RESEARCH AND PUBLIC POLICY |
5 | SUBCHAPTER A |
6 | GENERAL PROVISIONS |
7 | Section 1101. Definitions. |
8 | The following words and phrases when used in this chapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Executive committee." The executive committee of the |
12 | office. |
13 | "Executive director." The executive director of the office. |
14 | "Individual units." The term includes the following: |
15 | (1) The General Research Unit. |
16 | (2) The Program Evaluation Unit. |
17 | (3) The Air and Water Pollution Unit. |
18 | (4) The Rural Conditions Unit. |
19 | "Office." The Pennsylvania Office for Research and Public |
20 | Policy established by this chapter. |
21 | "Records." Books, papers, manuals, reports, verification |
22 | letters, work papers and other documentary materials, regardless |
23 | of physical form or characteristics, under the control of the |
24 | Pennsylvania Office for Research and Public Policy or its |
25 | authorized representative which are maintained pursuant to a |
26 | project conducted under this chapter and the specific and unique |
27 | information contained herein. |
28 | Section 1102. Pennsylvania Office for Research and Public |
29 | Policy. |
30 | (a) Established.--The Pennsylvania Office for Research and |
|
1 | Public Policy is established and shall be the central bicameral, |
2 | bipartisan research and policy development office for the |
3 | General Assembly. |
4 | (b) Executive committee.--There shall be an executive |
5 | committee within the office. The executive committee shall be |
6 | comprised of the chairs of the committees overseeing the |
7 | individual units of the office. The chair of the executive |
8 | committee shall rotate from the individual units on an annual |
9 | basis in the following order: General Research Unit, Program |
10 | Evaluation Unit, Air and Water Pollution Unit and Rural |
11 | Conditions Unit. |
12 | (c) Appointments.--The executive committee shall appoint an |
13 | executive director for the office and assistant executive |
14 | directors for each of the individual units. |
15 | (d) Reporting.--The executive director shall report to the |
16 | executive committee. The assistant executive directors shall |
17 | report to the committee overseeing their respective individual |
18 | units, but work in close collaboration with the executive |
19 | director so that the overall efforts of the office are |
20 | coordinated. |
21 | (e) Staff.-- |
22 | (1) The executive committee may hire other employees as |
23 | necessary to conduct the work of the office and the |
24 | individual units, including attorneys, economists, fiscal |
25 | analysts, public policy analysts and other professional, |
26 | technical and clerical staff. |
27 | (2) In the hiring of the other employees necessary to |
28 | conduct the work of the office and individual units, the |
29 | executive committee shall consult with the executive director |
30 | and assistant executive directors of the individual units. |
|
1 | (f) Administration.--The executive committee shall oversee |
2 | the funding of the office and the individual units, the |
3 | development of policies for the office regarding salaries, |
4 | benefits, the reimbursement of expenses and other administrative |
5 | matters. |
6 | Section 1103. Collaboration. |
7 | (a) Individual units.--The office shall have individual |
8 | units assigned to areas of research, but the executive director |
9 | and assistant executive directors shall ensure that the |
10 | individual units collaborate on projects as needed. |
11 | (b) Employees.-- |
12 | (1) Certain employees may be assigned to an individual |
13 | unit but they may also be directed to assist other individual |
14 | units. Other employees may be assigned to the office |
15 | generally and assist as needed with one or more projects |
16 | undertaken by individual units. |
17 | (2) Despite the individual units, it is the intent of |
18 | the General Assembly that the office conduct its business in |
19 | a coordinated and unified fashion under the direction of the |
20 | executive committee and executive director. |
21 | SUBCHAPTER B |
22 | GENERAL RESEARCH UNIT |
23 | Section 1111. General Research Committee. |
24 | (a) Establishment.--The General Research Committee is |
25 | established and shall oversee the General Research Unit of the |
26 | office. The committee shall be comprised of eight members: two |
27 | senators appointed by the President pro tempore of the Senate, |
28 | two senators appointed by the Minority Leader of the Senate, two |
29 | representatives appointed by the Speaker of the House of |
30 | Representatives and two representatives appointed by the |
|
1 | Minority Leader of the House of Representatives. |
2 | (b) Term.--Members of the committee shall serve during each |
3 | regular session of the General Assembly and shall continue as |
4 | members until the first Tuesday in January of the next odd- |
5 | numbered year and until their respective successors shall |
6 | qualify, provided they continue to be members of the Senate or |
7 | of the House of Representatives. |
8 | (c) Chair.--Members of the committee may appoint their own |
9 | chairman and vice chairman. |
10 | (d) Quorum.--Five members of the committee shall constitute |
11 | a quorum, and an affirmative vote of five members of the |
12 | committee shall be necessary to pass on any matter requiring |
13 | committee action. |
14 | Section 1112. Powers and duties. |
15 | The General Research Committee shall have the following |
16 | powers and duties: |
17 | (1) (i) The committee shall conduct any investigation |
18 | or study and gather any information as may be deemed |
19 | useful to the General Assembly and to the standing |
20 | committees of the Senate and the House of |
21 | Representatives. |
22 | (ii) A long-term study or investigation or a |
23 | codification project which is likely to take more than 90 |
24 | days to complete may only be initiated by a resolution of |
25 | the Senate or the House of Representatives or both, or by |
26 | statute. |
27 | (iii) The committee shall have the power to call |
28 | upon any department or agency of the State government for |
29 | information as it deems pertinent to any investigation or |
30 | study. |
|
1 | (iv) The committee may designate persons, other than |
2 | members of the General Assembly, to act in advisory |
3 | capacities. |
4 | (v) The committee shall report to the General |
5 | Assembly or to the various standing committees of the |
6 | Senate and the House of Representatives findings and |
7 | recommendations accompanied with drafts of legislation as |
8 | it deems necessary for the information of and |
9 | consideration by the General Assembly. |
10 | (2) In making recommendations, the committee shall |
11 | consider the fiscal impact on the Commonwealth. To the extent |
12 | possible, the committee shall provide a cost-benefit analysis |
13 | of any recommendation. |
14 | (3) The committee may accept requests for research |
15 | assistance from individual members of the General Assembly |
16 | and their staff. |
17 | (4) (i) Records which are created or obtained during |
18 | study projects under this section shall be treated as |
19 | confidential. Requests made of the committee to inspect |
20 | identifiable records pertaining to a project under this |
21 | section shall be denied and the requesting party notified |
22 | that the records are considered to be confidential and |
23 | will not be made available for inspection. |
24 | (ii) The work papers underlying the committee's |
25 | studies pursuant to this section shall be privileged from |
26 | public disclosure, including through discovery in a |
27 | judicial or administrative proceeding, because they show |
28 | the deliberative process of the committee in carrying out |
29 | its role in the overall legislative method under |
30 | Pennsylvania law in studying, evaluating and recommending |
|
1 | policy improvement to State government and law. |
2 | (5) The committee may issue subpoenas to compel the |
3 | attendance of witnesses and the production of any information |
4 | relevant to matters properly being inquired into by the |
5 | committee under this section, to administer oaths and to |
6 | cause the deposition of witnesses, either residing within or |
7 | without this Commonwealth, to be taken in the manner |
8 | prescribed by law for taking depositions in civil actions. |
9 | The committee may hold public hearings as it deems necessary. |
10 | (6) The committee shall develop relationships with |
11 | colleges and universities in this Commonwealth so that |
12 | faculty at those colleges and universities may provide in- |
13 | kind expertise to the General Assembly to respond to research |
14 | requests. |
15 | SUBCHAPTER C |
16 | PROGRAM EVALUATION UNIT |
17 | Section 1121. Program Evaluation Committee. |
18 | (a) Establishment.--The Program Evaluation Committee is |
19 | established and shall oversee the Program Evaluation Unit of the |
20 | office. The committee shall be comprised of eight members: two |
21 | senators appointed by the President pro tempore of the Senate, |
22 | two senators appointed by the Minority Leader of the Senate, two |
23 | representatives appointed by the Speaker of the House of |
24 | Representatives and two representatives appointed by the |
25 | Minority Leader of the House of Representatives. |
26 | (b) Term.--Members of the committee shall serve during each |
27 | regular session of the General Assembly and shall continue as |
28 | members until the first Tuesday in January of the next odd- |
29 | numbered year and until their respective successors shall |
30 | qualify, provided they continue to be members of the Senate or |
|
1 | of the House of Representatives. |
2 | (c) Chair.--Members of the committee may appoint their own |
3 | chairman and vice chairman. |
4 | (d) Quorum.--Five members of the committee shall constitute |
5 | a quorum, and an affirmative vote of five members of the |
6 | committee shall be necessary to pass on any matter requiring |
7 | committee action. |
8 | Section 1122. Powers and duties. |
9 | The Program Evaluation Committee shall have the following |
10 | powers and duties: |
11 | (1) The committee shall make current examination of |
12 | Commonwealth programs, agencies and commissions to determine |
13 | whether or not the programs, agencies and commissions are |
14 | functioning efficiently and effectively and for the purposes |
15 | and within the statutory restrictions provided by the General |
16 | Assembly. |
17 | (2) Before any report is publicly released by the |
18 | committee under this section, the department, officer or |
19 | agency of the State government involved therein shall be |
20 | afforded an opportunity to comment and the comments shall be |
21 | attached to the committee's report. |
22 | (3) The committee shall have direct and unimpeded access |
23 | to all material it deems necessary, including, but not |
24 | limited to, personnel records, to fulfill its duties under |
25 | this section. The committee and its authorized |
26 | representatives shall follow oral and written procedures |
27 | developed in conjunction with subject agencies for the |
28 | inspection and copying of records maintained by agents of the |
29 | subject agency responsible for the custody of the records. |
30 | The procedures may not act to impede the nature of material |
|
1 | to be accessed by the committee. |
2 | SUBCHAPTER D |
3 | AIR AND WATER POLLUTION UNIT |
4 | Section 1131. Air and Water Pollution Committee. |
5 | (a) Establishment.--The Air and Water Pollution Committee is |
6 | established and shall oversee the Air and Water Pollution Unit |
7 | of the office. The committee shall be comprised of eight |
8 | members: two senators appointed by the President pro tempore of |
9 | the Senate, two senators appointed by the Minority Leader of the |
10 | Senate, two representatives appointed by the Speaker of the |
11 | House of Representatives and two representatives appointed by |
12 | the Minority Leader of the House of Representatives. |
13 | (b) Term.--Members of the committee shall serve during each |
14 | regular session of the General Assembly and shall continue as |
15 | members until the first Tuesday in January of the next odd- |
16 | numbered year and until their respective successors shall |
17 | qualify, provided they continue to be members of the Senate or |
18 | of the House of representatives. |
19 | (c) Chair.--Members of the committee may appoint their own |
20 | chairman and vice chairman. |
21 | (d) Quorum.--Five members of the committee shall constitute |
22 | a quorum, and an affirmative vote of five members of the |
23 | committee shall be necessary to pass on any matter requiring |
24 | committee action. |
25 | Section 1132. Powers and duties. |
26 | The Air and Water Pollution Committee shall have the |
27 | following powers and duties: |
28 | (1) The committee shall conduct continuing studies of |
29 | air and water pollution laws, including the enforcement of |
30 | those laws, and recommend needed changes to the General |
|
1 | Assembly. |
2 | (2) The committee shall conduct continuing studies of |
3 | mining practices, including deep mining, strip mining, open |
4 | pit mining and quarrying, the restoration of land that has |
5 | been mined and the laws relating to the restoration of land |
6 | where mining operations have occurred. |
7 | (3) The committee shall receive complaints and hold |
8 | hearings related to the subject matter in paragraphs (1) and |
9 | (2). |
10 | SUBCHAPTER E |
11 | RURAL CONDITIONS UNIT |
12 | Section 1141. Rural Conditions Committee. |
13 | (a) Establishment.--The Rural Conditions Committee is |
14 | established and shall oversee the Rural Conditions Unit of the |
15 | office. The committee shall be comprised of eight members: two |
16 | senators appointed by the President pro tempore of the Senate, |
17 | two senators appointed by the Minority Leader of the Senate, two |
18 | representatives appointed by the Speaker of the House of |
19 | Representatives and two representatives appointed by the |
20 | Minority Leader of the House of Representatives. |
21 | (b) Term.--Members of the committee shall serve during each |
22 | regular session of the General Assembly and shall continue as |
23 | members until the first Tuesday in January of the next odd- |
24 | numbered year and until their respective successors shall |
25 | qualify, provided they continue to be members of the Senate or |
26 | of the House of representatives. |
27 | (c) Chair.--Members of the committee may appoint their own |
28 | chairman and vice chairman. |
29 | (d) Quorum.--Five members of the committee shall constitute |
30 | a quorum, and an affirmative vote of five members of the |
|
1 | committee shall be necessary to pass on any matter requiring |
2 | committee action. |
3 | Section 1142. Powers and duties. |
4 | The Rural Conditions Committee shall have the following |
5 | powers and duties: |
6 | (1) The committee shall administer grants to conduct |
7 | research on matters relating to rural conditions to |
8 | facilitate and coordinate basic and applied research and |
9 | service components related to issues regarding the welfare of |
10 | rural Pennsylvania. |
11 | (2) The committee may make grants available only to the |
12 | qualified faculty members of the various universities of the |
13 | State System of Higher Education, the current land grant |
14 | university and the regional campuses of the University of |
15 | Pittsburgh. No grant may exceed the sum of $60,000. The |
16 | subject areas of the grant program shall be: rural people and |
17 | communities, economic development, local government finance |
18 | and administration, community services, natural resources and |
19 | environment, educational outreach, rural values and social |
20 | change, agriculture and health and welfare concerns. |
21 | (3) The committee shall develop and maintain an |
22 | appropriate base of knowledge and information about rural |
23 | conditions and needs through a database. The database shall |
24 | include the following major areas of concern: agriculture, |
25 | economic development, local government capacity and fiscal |
26 | stress indicators, transportation, sociodemographics, health |
27 | care and human services, environment and natural resources, |
28 | education and condition of the extant local infrastructure of |
29 | Pennsylvania's rural communities. The data shall be arranged |
30 | in such a manner so as to facilitate the monitoring of |
|
1 | relationships between and among the various sectors |
2 | identified for inclusion in the information system. |
3 | CHAPTER 21 |
4 | MISCELLANEOUS PROVISIONS |
5 | Section 2101. References. |
6 | On or after the effective date of this section, a reference |
7 | in any act, resolution or regulation to the Joint State |
8 | Government Commission, the Legislative Budget and Finance |
9 | Committee, the Joint Legislative Air and Water Pollution Control |
10 | and Conservation Committee or the Center for Rural Pennsylvania |
11 | shall be construed to mean the Pennsylvania Office of Research |
12 | and Public Policy. |
13 | Section 2102. Repeals. |
14 | Repeals are as follows: |
15 | (1) The General Assembly declares that the repeals under |
16 | paragraph (2) are necessary to effectuate this act. |
17 | (2) The following acts and parts of acts are repealed as |
18 | follows: |
19 | Act of May 7, 1923 (P.L.158, No.119), entitled "An act |
20 | creating a Legislative Reference Bureau; providing for the |
21 | election of a director by the General Assembly; designating |
22 | the officers and employes of such bureau, defining their |
23 | duties; fixing their salaries; abolishing the present |
24 | Legislative Reference Bureau; and making an appropriation." |
25 | Act of May 29, 1935 (P.L.244, No.102), entitled "An act |
26 | creating a Local Government Commission to study and report on |
27 | functions of local government; their allocation and |
28 | elimination; the cost of local government and means of |
29 | reducing it; and the consolidation of local government; and |
30 | making an appropriation." |
|
1 | Act of July 1, 1937 (P.L.2460, No.459), entitled, as |
2 | amended, "An act creating a joint legislative commission, to |
3 | be known as the Joint State Government Commission; providing |
4 | for its membership, chairman and executive committee; |
5 | defining its powers and duties; and defining the powers and |
6 | duties of standing committees of the General Assembly." |
7 | Act of June 26, 1939 (P.L.1105, No.388), entitled "An act |
8 | authorizing and directing the Legislative Reference Bureau to |
9 | compile, edit and publish, a compilation of laws relating to |
10 | soldiers, sailors and marines, their dependents, and war |
11 | veteran organizations; and making an appropriation." |
12 | Act of August 4, 1959 (P.L.587, No.195), entitled, as |
13 | amended, "An act creating and establishing the Legislative |
14 | Budget and Finance Committee; providing for its membership; |
15 | prescribing its powers, functions and duties; providing for |
16 | the appointment of an executive director and other personnel, |
17 | and making an appropriation." |
18 | Section 49.1 of the act of January 10, 1968 (1967, |
19 | P.L.925, No.417), referred to as the Legislative Officers and |
20 | Employes Law. |
21 | Act of January 19, 1968 (1967 P.L.1022, No.448), entitled |
22 | "An act creating a Joint Legislative Air and Water Pollution |
23 | Control and Conservation Committee, providing for the terms |
24 | and appointment of members and for organization of the |
25 | committee and employment of personnel, providing for study of |
26 | air and water pollution laws and their enforcement, providing |
27 | for information and assistance from other agencies of |
28 | government, and making an appropriation." |
29 | Act of December 10, 1968 (P.L.1158, No.365), entitled "An |
30 | act creating and establishing the Legislative Data Processing |
|
1 | Committee: providing for its membership; prescribing its |
2 | powers, functions and duties; and making an appropriation." |
3 | Act of December 20, 1982 (P.L. 1442, No.327), known as |
4 | the State Capitol Preservation Act. |
5 | Sections 301, 302, 303, 304, 305 and 306 of the act of |
6 | June 30, 1987 (P.L.163, No.16), known as the Rural |
7 | Pennsylvania Revitalization Act. |
8 | Section 2103. Continuations. |
9 | The following apply: |
10 | (1) Chapter 3 is a continuation of the act of May 7, |
11 | 1923 (P.L.158, No.119), entitled "An act creating a |
12 | Legislative Reference Bureau; providing for the election of a |
13 | director by the General Assembly; designating the officers |
14 | and employes of such bureau, defining their duties; fixing |
15 | their salaries; abolishing the present Legislative Reference |
16 | Bureau; and making an appropriation." |
17 | (2) Chapter 5 is a continuation of the act of December |
18 | 10, 1968 (P.L.1158, No.365), entitled "An act creating and |
19 | establishing the Legislative Data Processing Committee: |
20 | providing for its membership; prescribing its powers, |
21 | functions and duties; and making an appropriation." |
22 | (3) Chapter 7 is a continuation of the act of December |
23 | 20, 1982 (P.L.1442, No.327), known as the State Capitol |
24 | Preservation Act. |
25 | (4) Chapter 9 is a continuation of the act of May 29, |
26 | 1935 (P.L.244, No.102), referred to as the Local Government |
27 | Commission Law. |
28 | (5) Chapter 11 is intended to preserve the nature and |
29 | extent of the legislative services provided by the Joint |
30 | State Government Commission, the Legislative Budget and |
|
1 | Finance Committee, the Local Government Commission, the Joint |
2 | Legislative Air and Water Pollution Control and Conservation |
3 | Committee and the Center for Rural Pennsylvania. |
4 | Section 2104. Implementation. |
5 | (a) General rule.--The implementation of the provisions of |
6 | this act shall begin immediately and shall be fully completed by |
7 | July 1, 2013. |
8 | (b) Transition committee.--Within 30 days of the effective |
9 | date of this section, the President pro tempore of the Senate, |
10 | the Minority Leader of the Senate, the Speaker of the House of |
11 | Representatives and the Minority Leader of the House of |
12 | Representatives shall each appoint a member of the Senate or |
13 | House of Representatives, respectively, to serve on a transition |
14 | committee. The transition committee shall implement the |
15 | provisions of this act relating to the consolidation of the |
16 | Joint State Government Commission, the Legislative Budget and |
17 | Finance Committee, the Joint Legislative Air and Water Pollution |
18 | Control and Conservation Committee and the Center for Rural |
19 | Pennsylvania. |
20 | (c) Appointments.--The President pro tempore of the Senate, |
21 | the Minority Leader of the Senate, the Speaker of the House of |
22 | Representatives and the Minority Leader of the House of |
23 | Representatives shall make the appointments to the committees |
24 | established by Chapter 11 beginning January 2013. |
25 | Section 2105. Transition. |
26 | The following transitional provisions apply: |
27 | (1) All personnel, allocations, appropriations, |
28 | equipment, files, records, contracts, agreements, obligations |
29 | and other materials which are used, employed or expended by |
30 | the Joint State Government Commission, the Legislative Budget |
|
1 | and Finance Committee, the Joint Legislative Air and Water |
2 | Pollution Control and Conservation Committee and the Center |
3 | for Rural Pennsylvania are transferred to the Pennsylvania |
4 | Office for Research and Public Policy in the first instance |
5 | and as if these contracts, agreements and obligations had |
6 | been incurred or entered into by the Pennsylvania Office for |
7 | Research and Public Policy. |
8 | (2) Except as otherwise provided in paragraph (3), any |
9 | project, study or investigation pursuant to a statute enacted |
10 | within six years preceding the effective date of this |
11 | section, a resolution adopted by the General Assembly or a |
12 | resolution adopted by the Senate or the House of |
13 | Representatives regarding the Joint State Government |
14 | Commission, the Legislative Budget and Finance Committee, the |
15 | Joint Legislative Air and Water Pollution Control and |
16 | Conservation Committee and the Center for Rural Pennsylvania |
17 | is transferred to the Pennsylvania Office for Research and |
18 | Public Policy. |
19 | (3) Any project, study or investigation regarding the |
20 | Joint State Government Commission pursuant to the act of |
21 | March 10, 1949 (P.L.30, No.14), known as the Public School |
22 | Code of 1949, or section 20 of the act of June 28, 1947 |
23 | (P.L.1110, No.476), known as the Motor Vehicle Sales Finance |
24 | Act, is transferred to the Pennsylvania Office for Research |
25 | and Public Policy. |
26 | Section 2106. Federal funds; programs. |
27 | The personnel, appropriations, equipment and other items and |
28 | materials transferred by this act shall include an appropriate |
29 | portion of the general administrative, overhead and supporting |
30 | personnel, appropriations, equipment and other material of the |
|
1 | Joint State Government Commission, the Legislative Budget and |
2 | Finance Committee, the Joint Legislative Air and Water Pollution |
3 | Control and Conservation Committee and the Center for Rural |
4 | Pennsylvania and shall also include, where applicable, Federal |
5 | grants and funds and other benefits from any Federal program. |
6 | Section 2107. Effective date. |
7 | This act shall take effect as follows: |
8 | (1) Section 2104 shall take effect immediately. |
9 | (2) This section shall take effect immediately. |
10 | (3) The remainder of this act shall take effect July 1, |
11 | 2013. |
|