Pennsylvania SB 472: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in administrative organization, further providing for department heads, for gubernatorial appointments and for deputies.

Bill Text

PRINTER'S NO. 427
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 472
Session of
2025
INTRODUCED BY PHILLIPS-HILL, DUSH, BROWN AND ROTHMAN,
MARCH 19, 2025
REFERRED TO STATE GOVERNMENT, MARCH 19, 2025
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 administrative organization, further
providing for department heads, for gubernatorial
appointments and for deputies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 206 introductory paragraph, 207.1(f) and
213 of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, are amended to read:
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Section 206. Department Heads.--[Each] Except as provided in
section 213 of this act, each administrative department shall
have as its head an officer who shall, either personally, by
deputy, or by the duly authorized agent or employe of the
department, and subject at all times to the provisions of this
act, exercise the powers and perform the duties by law vested in
and imposed upon the department.
* * *
Section 207.1. Gubernatorial Appointments.--* * *
(f) A person, other than one serving until a successor is
appointed and qualified, nominated by the Governor to a position
for which Senate confirmation is required by this section shall
not serve in such position nor receive any compensation for
serving in such position until he has been confirmed by action
of the Senate or by its inaction as provided by the Constitution
of the Commonwealth of Pennsylvania and his appointment or
commission thereafter issued by the Governor: Provided, however,
That nothing contained in this section shall be construed to
repeal or modify section 213 of this act: And provided further,
That, subject to section 213 of this act, nothing in this act
shall affect the right of an incumbent, whose term of office has
expired, to continue in his office until his successor is
appointed and qualified.
* * *
Section 213. Deputies.--The Governor shall appoint and fix
the compensation of such number of deputy heads of
administrative departments, except those of the Department of
Auditor General and Treasury Department, as the Executive Board
shall approve, who shall, in the absence of the head of such
department, have the right to exercise all the powers and
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perform all the duties by law vested in and imposed upon the
head of such department, except the power to appoint bureau or
division chiefs, or other assistants or employes, and who may,
at any time, exercise such of the powers and perform such of the
duties of the head of his department as may be prescribed by the
head of his department: Provided, however, That any such deputy
shall not have the right to exercise any power or perform any
duty which the Constitution of the Commonwealth of Pennsylvania
requires the head of his department personally to exercise or
perform.
Whenever there shall be a vacancy in the office of the head
of any department, such deputy as the Governor shall designate
in writing shall exercise the powers and perform the duties of
the head of the department until the vacancy is filled[.], as
follows:
(1) No designation shall be effective for greater than
ninety (90) days unless the individual is nominated for a
position under section 207.1(d)(1), in which case the
designation shall be effective until the Senate acts on the
nomination under section 8(b) of Article IV of the Constitution
of Pennsylvania.
(2) During the period of designation, the deputy shall have
the title "Deputy - Head of Department."
(3) No deputy may continue as "Deputy - Head of Department"
after the expiration of the period in paragraph (1).
(4) No individual may be d