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

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