2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 86 - ADMINISTRATIVE CODE OF 1929 - POWERS AND DUTIES IN GENERAL

Session of 2022

No. 2022-86

SB 764

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled "An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; providing for judicial administration; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined," in powers and duties of the Department of State and its departmental administrative board, further providing for powers and duties in general.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  Section 801 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, amended July 9, 2021 (P.L.377, No.70), is amended to read:

Section 801.  Powers and Duties in General.--(a)  The Department of State shall, subject to any inconsistent provisions in this act contained, continue to exercise the powers and perform the duties heretofore by law vested in and imposed upon the Department of the Secretary of the Commonwealth, and the several bureaus thereof, the Department of State and Finance, the Department of State, and the Secretary of the Commonwealth.

(b)  Additional powers and duties shall be as follows:

(1)  (i)  No later than 14 days prior to the publication of a proposed constitutional amendment by the Secretary of the Commonwealth under section 1 of Article XI of the Constitution of Pennsylvania or as soon as practical prior to publication of [an] a proposed emergency constitutional amendment under section 1 of Article XI of the Constitution of Pennsylvania, the Secretary of the Commonwealth shall notify the following of the date on which publication under Article XI of the Constitution of Pennsylvania will be completed:

(A)  Each member of the General Assembly.

(B)  The Secretary of the Senate, who shall have the notice read into the journal of the Senate.

(C)  The Chief Clerk of the House of Representatives, who shall read the notice into the journal of the House of Representatives.

(D)  The Parliamentarian of the House of Representatives.

(E)  The Legislative Reference Bureau, which shall publish the notice in the Pennsylvania Bulletin.

(ii)  Failure of the Secretary of the Commonwealth to comply with clause (i) shall not impact the effectiveness of the proposed constitutional amendment.

(2)  [(Reserved).] (i)  No later than 14 days after the publication of a proposed constitutional amendment by the Secretary of the Commonwealth under section 1 of Article XI of the Constitution of Pennsylvania, the Secretary of the Commonwealth shall certify to the following that the publication has been completed in compliance with the requirements of section 1 of Article XI of the Constitution of Pennsylvania:

(A)  Each member of the General Assembly.

(B)  The Secretary of the Senate, who shall have the certification read into the journal of the Senate.

(C)  The Chief Clerk of the House of Representatives, who shall have the certification read into the journal of the House of Representatives.

(D)  The Parliamentarian of the House of Representatives.

(E)  The Legislative Reference Bureau, which shall publish notice of the certification in the Pennsylvania Bulletin.

(ii)  Failure of the Secretary of the Commonwealth to comply with clause (i) shall not impact the effectiveness of the proposed constitutional amendment.

(3)  The Secretary of the Commonwealth shall designate in writing a deputy to oversee the activities undertaken by employes of the Department of State to assist the Secretary of the Commonwealth in carrying out his or her duties under section 1 of Article XI of the Constitution of Pennsylvania. The deputy designated under this paragraph shall take physical custody of each proposed constitutional amendment upon receipt by the Department of State and shall track the compliance with the written policies under paragraph (4)(i) and the overall progress of the required publication under section 1 of Article XI of the Constitution of Pennsylvania.

(4)  (i)  The Secretary of the Commonwealth, in consultation with the Office of General Counsel, shall establish a written policy to instruct employes of the Department of State on the internal and sequential procedures necessary to properly receive proposed constitutional amendments passed by the General Assembly and to complete the publication of a proposed constitutional amendment under section 1 of Article XI of the Constitution of Pennsylvania. The written policy under this clause shall do all of the following:

(A)  Assign specific duties to specific bureaus and offices within the Department of State.

(B)  Provide for necessary safeguards and reviews to ensure the proper publication of all proposed constitutional amendments as required under section 1 of Article XI of the Constitution of Pennsylvania.

(C)  Provide for periodic training of employes assigned duties under the written policies. The training shall be conducted by the deputy designated under paragraph (3) and the Office of General Counsel. Upon request, the Legislative Reference Bureau shall assist in the preparation of the training under this clause.

(D)  Provide direction that an employe with a question about the procedures shall consult with the deputy designated under paragraph (3).

(ii)  The Department of State shall submit a copy of the written policies under this clause to the Legislative Reference Bureau.

(iii)  A copy of the policy under clause (i) shall be given to each employe who has duties under the policy upon hiring and no later than February of each odd-numbered year. An employe receiving a copy of the policy under this clause shall execute a form stating that he or she is aware of and understands how to complete the duties under the policy. A copy of the executed form shall be maintained within the employe's personnel file in accordance with the generally applicable document retention policy.

Section 2.  This act shall take effect in 60 days.

APPROVED--The 11th day of July, A.D. 2022.

TOM WOLF