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.

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
 1   Amending the act of April 9, 1929 (P.L.177, No.175), entitled
 2      "An act providing for and reorganizing the conduct of the
 3      executive and administrative work of the Commonwealth by the
 4      Executive Department thereof and the administrative
 5      departments, boards, commissions, and officers thereof,
 6      including the boards of trustees of State Normal Schools, or
 7      Teachers Colleges; abolishing, creating, reorganizing or
 8      authorizing the reorganization of certain administrative
 9      departments, boards, and commissions; defining the powers and
10      duties of the Governor and other executive and administrative
11      officers, and of the several administrative departments,
12      boards, commissions, and officers; fixing the salaries of the
13      Governor, Lieutenant Governor, and certain other executive
14      and administrative officers; providing for the appointment of
15      certain administrative officers, and of all deputies and
16      other assistants and employes in certain departments, boards,
17      and commissions; providing for judicial administration; and
18      prescribing the manner in which the number and compensation
19      of the deputies and all other assistants and employes of
20      certain departments, boards and commissions shall be
21      determined," in administrative organization, further
22      providing for department heads, for gubernatorial
23      appointments and for deputies.
24      The General Assembly of the Commonwealth of Pennsylvania
25   hereby enacts as follows:
26      Section 1.    Sections 206 introductory paragraph, 207.1(f) and
27   213 of the act of April 9, 1929 (P.L.177, No.175), known as The
28   Administrative Code of 1929, are amended to read:
 1      Section 206.   Department Heads.--[Each] Except as provided in
 2   section 213 of this act, each administrative department shall
 3   have as its head an officer who shall, either personally, by
 4   deputy, or by the duly authorized agent or employe of the
 5   department, and subject at all times to the provisions of this
 6   act, exercise the powers and perform the duties by law vested in
 7   and imposed upon the department.
 8      * * *
 9      Section 207.1.   Gubernatorial Appointments.--* * *
10      (f)   A person, other than one serving until a successor is
11   appointed and qualified, nominated by the Governor to a position
12   for which Senate confirmation is required by this section shall
13   not serve in such position nor receive any compensation for
14   serving in such position until he has been confirmed by action
15   of the Senate or by its inaction as provided by the Constitution
16   of the Commonwealth of Pennsylvania and his appointment or
17   commission thereafter issued by the Governor: Provided, however,
18   That nothing contained in this section shall be construed to
19   repeal or modify section 213 of this act: And provided further,
20   That, subject to section 213 of this act, nothing in this act
21   shall affect the right of an incumbent, whose term of office has
22   expired, to continue in his office until his successor is
23   appointed and qualified.
24      * * *
25      Section 213.   Deputies.--The Governor shall appoint and fix
26   the compensation of such number of deputy heads of
27   administrative departments, except those of the Department of
28   Auditor General and Treasury Department, as the Executive Board
29   shall approve, who shall, in the absence of the head of such
30   department, have the right to exercise all the powers and

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 1   perform all the duties by law vested in and imposed upon the
 2   head of such department, except the power to appoint bureau or
 3   division chiefs, or other assistants or employes, and who may,
 4   at any time, exercise such of the powers and perform such of the
 5   duties of the head of his department as may be prescribed by the
 6   head of his department: Provided, however, That any such deputy
 7   shall not have the right to exercise any power or perform any
 8   duty which the Constitution of the Commonwealth of Pennsylvania
 9   requires the head of his department personally to exercise or
10   perform.
11      Whenever there shall be a vacancy in the office of the head
12   of any department, such deputy as the Governor shall designate
13   in writing shall exercise the powers and perform the duties of
14   the head of the department until the vacancy is filled[.], as
15   follows:
16      (1)     No designation shall be effective for greater than
17   ninety (90) days unless the individual is nominated for a
18   position under section 207.1(d)(1), in which case the
19   designation shall be effective until the Senate acts on the
20   nomination under section 8(b) of Article IV of the Constitution
21   of Pennsylvania.
22      (2)     During the period of designation, the deputy shall have
23   the title "Deputy - Head of Department."
24      (3)     No deputy may continue as "Deputy - Head of Department"
25   after the expiration of the period in paragraph (1).
26      (4)     No individual may be designated as deputy more than once
27   by the same Governor.
28      (5)     No designated deputy may receive salary, compensation or
29   emoluments which exceeds the highest salary, compensation or
30   emoluments received by a nondesignated deputy.

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 1      (6)   No designated deputy shall receive any increase in
 2   salary, compensation or emoluments during the period of
 3   designation or as a result of designation.
 4      (7)   A designated deputy shall, upon request of either the
 5   Appropriations Committee of the Senate or the Appropriations
 6   Committee of the House of Representatives, appear at a hearing
 7   of either committee concerning the Federal or State
 8   appropriations to the department or the budget request of the
 9   department.
10      In addition to a designated deputy under paragraph (7), a
11   person nominated by the Governor to a position as the head of
12   any department shall, during the period which the nomination is
13   under consideration by the Senate under section 8(b) of Article
14   IV of the Constitution of Pennsylvania, upon request of the
15   Appropriations Committee of the Senate or the Appropriations
16   Committee of the House of Representatives, appear at a hearing
17   of either committee concerning the Federal or State
18   appropriations to the department or the budget request of the
19   department.
20      With the approval of the Governor in writing, the head of any
21   department may authorize a named deputy to serve in his stead on
22   any board or commission, except the Board of Pardons of which
23   such department head is a member ex-officio. One of the Deputy
24   Adjutants General shall possess the same qualifications in all
25   respects as are required by law for the Adjutant General of the
26   Department of Military Affairs.
27      Section 2.   This act shall take effect in 60 days.




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