Pennsylvania SB 1028: An Act amending the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, in Office of Attorney General, further providing for legal advice and civil matters and for criminal prosecutions.

Bill Text

PRINTER'S NO. 1193
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1028
Session of
2025
INTRODUCED BY COSTA, SANTARSIERO, KEARNEY, HAYWOOD, HUGHES,
FONTANA, COMITTA, KIM, SCHWANK, TARTAGLIONE, KANE,
PISCIOTTANO, CAPPELLETTI, SAVAL AND MUTH, OCTOBER 3, 2025
REFERRED TO JUDICIARY, OCTOBER 3, 2025
AN ACT
Amending the act of October 15, 1980 (P.L.950, No.164), entitled
"A supplement to the act of April 9, 1929 (P.L.177, No.175),
entitled 'An act providing for and reorganizing the conduct
of the executive and administrative work of the Commonwealth
by the Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined,' implementing the addition
of section 4.1 to Article IV of the Constitution of
Pennsylvania; establishing the Office of Attorney General
elected by the citizens and setting forth powers and duties
of the Attorney General; creating an Office of General
Counsel and providing for legal services for Commonwealth
agencies; transferring, reorganizing or reconstituting
certain boards, commissions and agencies; placing certain
duties upon the courts and district attorneys; repealing
certain acts and parts of acts and making appropriations," in
Office of Attorney General, further providing for legal
advice and civil matters and for criminal prosecutions.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 204(c) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, is
amended to read:
Section 204. Legal advice and civil matters.
* * *
(c) Civil litigation; collection of debts.--The Attorney
General shall represent the Commonwealth and all Commonwealth
agencies and upon request, the Departments of Auditor General
and State Treasury and the Public Utility Commission in any
action brought by or against the Commonwealth or its agencies,
and may intervene in any other action, including those involving
charitable bequests and trusts or the constitutionality of any
statute. The Attorney General may investigate conduct that may
constitute a violation of the act of October 27, 1955 (P.L.744,
No.222), known as the "Pennsylvania Human Relations Act," when
the Attorney General determines that the matter is of Statewide
importance. In conducting an investigation of conduct that may
constitute a violation of the "Pennsylvania Human Relations
Act," the Attorney General may subpoena witness testimony,
documents and other evidence relevant to the investigation and
may invoke the aid of a court of competent jurisdiction to issue
an order requiring a subpoenaed person to comply. If the
Attorney General determines that a violation of the
"Pennsylvania Human Relations Act" occurred or is occurring, the
Attorney General may file an action in a court of jurisdiction
and shall represent the Commonwealth and its citizens in such
action where a violation of the "Pennsylvania Human Relations
Act" and any other civil rights law of the United States or the
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Commonwealth is involved. The Attorney General shall represent
the Commonwealth and its citizens in any action brought for
violation of the antitrust laws of the United States and the
Commonwealth. The Attorney General shall collect, by suit or
otherwise, all debts, taxes and accounts due the Commonwealth
which shall be referred to and placed with the Attorney General
for collection by any Commonwealth agency; the Attorney General
shall keep a proper docket or dockets, duly indexed, of all such
claims, showing whether they are in litigation and their nature
and condition. The Attorney General may, upon determining that
it is more efficient or otherwise is in the best interest of the
Commonwealth, authorize the General Counsel or the counsel for
an independent agency to initiate, conduct or defend any
particular litigation or category of litigation in his stead.
The Attorney General shall approve all settlements over