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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ADOLPH, MANN, MAJOR, CLYMER, YUDICHAK, ROEBUCK, FRANKEL, McILVAINE SMITH, BELFANTI, BEYER, BOYD, BRADFORD, BUXTON, CARROLL, CAUSER, CIVERA, CREIGHTON, CUTLER, DALEY, DeLUCA, DeWEESE, J. EVANS, EVERETT, FAIRCHILD, GEIST, GEORGE, GIBBONS, GINGRICH, GODSHALL, GOODMAN, GRELL, GROVE, HARRIS, HENNESSEY, HESS, HICKERNELL, KILLION, KOTIK, MARKOSEK, MARSHALL, MICOZZIE, MILLER, MILNE, MOUL, MURT, OBERLANDER, O'NEILL, PEIFER, PHILLIPS, PICKETT, PRESTON, PYLE, READSHAW, REICHLEY, ROCK, ROSS, SANTONI, SCAVELLO, SIPTROTH, SONNEY, STEVENSON, SWANGER, J. TAYLOR, TRUE, VEREB, VULAKOVICH, WANSACZ, WATSON, WHEATLEY AND YOUNGBLOOD, APRIL 8, 2010 |
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| REFERRED TO COMMITTEE ON EDUCATION, APRIL 8, 2010 |
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| AN ACT |
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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; and prescribing the manner in which the |
18 | number and compensation of the deputies and all other |
19 | assistants and employes of certain departments, boards and |
20 | commissions shall be determined," providing for governing |
21 | body of the Pennsylvania Higher Education Assistance Agency; |
22 | and making a related repeal. |
23 | The General Assembly of the Commonwealth of Pennsylvania |
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1 | hereby enacts as follows: |
2 | Section 1. The act of April 9, 1929 (P.L.177, No.175), known |
3 | as The Administrative Code of 1929, is amended by adding a |
4 | section to read: |
5 | Section 401.2. Pennsylvania Higher Education Assistance |
6 | Agency.--(a) (1) The Pennsylvania Higher Education Assistance |
7 | Agency shall be governed and all of its corporate powers |
8 | exercised by a board of directors which shall consist of twenty |
9 | members, nineteen of whom shall be appointed as hereinafter |
10 | provided, and the Secretary of Education. Except as provided in |
11 | subsection (b), three members shall be appointed by the Governor |
12 | and confirmed by the Senate, eight shall be appointed by the |
13 | President Pro Tempore of the Senate, and eight shall be |
14 | appointed by the Speaker of the House of Representatives. |
15 | (2) All members shall be of full age, citizens of the United |
16 | States and residents of this Commonwealth, and shall be |
17 | appointed for terms of six years each, except as provided in |
18 | subsection (b)(1). Of the members appointed by the Governor, one |
19 | shall be appointed for a term which shall expire June 30, 2011, |
20 | one for a term which shall expire June 30, 2013, and one for a |
21 | term which shall expire June 30, 2015. Of the members appointed |
22 | by the President Pro Tempore of the Senate, three shall be |
23 | appointed for a term which shall expire June 30, 2011, three for |
24 | a term which shall expire June 30, 2013, and two for a term |
25 | which shall expire June 30, 2015. Of the members appointed by |
26 | the Speaker of the House of Representatives, four shall be |
27 | appointed for a term which shall expire June 30, 2011, three for |
28 | a term which shall expire June 30, 2013, and one for a term |
29 | which shall expire June 30, 2015. |
30 | (3) The eight members appointed by the President Pro Tempore |
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1 | of the Senate shall be members of the Senate or appointees under |
2 | subsection (b), four of whom shall be of the majority party and |
3 | four of the minority party; and the eight members appointed by |
4 | the Speaker of the House of Representatives shall be members of |
5 | the House of Representatives or appointees under subsection (b), |
6 | four of whom shall be of the majority party and four of the |
7 | minority party; and any member of the Senate or House of |
8 | Representatives hereafter appointed shall serve on the board |
9 | only so long as he is a member or an appointee under subsection |
10 | (b) of the particular body of the General Assembly from which he |
11 | was appointed to the board, in which event he shall be |
12 | ineligible to continue as a member of the board as a legislative |
13 | appointee and a vacancy shall exist. In such a case the |
14 | President Pro Tempore of the Senate or the Speaker of the House |
15 | of Representatives shall fill the vacancy for the unexpired term |
16 | in the same manner as original appointment. |
17 | (b) (1) Commencing with legislative board appointments that |
18 | expire after June 30, 2010, all board appointments made after |
19 | June 30, 2010, shall be appointed for terms of four years each |
20 | and, when a legislative member's term, as appointed under this |
21 | section, expires and the legislative member wishes not to be |
22 | reappointed, provided he is eligible for reappointment, the |
23 | legislative leader of the respective chamber shall fill the |
24 | vacancy with a nonlegislative individual that has relevant |
25 | experience in a field related to finance, banking, investment, |
26 | information technology, higher education or higher education |
27 | finance. The respective legislative leader shall not appoint |
28 | more than one nonlegislative member to fill a vacancy in the |
29 | board positions allotted to the majority or minority party, and |
30 | such appointment shall not replace the chairman of the standing |
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1 | committee on education or the legislator designated to serve on |
2 | the education committee chairman's behalf. |
3 | (2) A member of the board of directors who becomes |
4 | ineligible to serve as a legislative appointee shall be eligible |
5 | for appointment by the Governor. |
6 | (3) The board of directors shall elect from its own members |
7 | each year a chairman and vice chairman each of whom must be a |
8 | legislative appointed member of the board, who shall serve for |
9 | terms of one year and who shall be eligible for reelection for |
10 | successive terms. Vacancies shall be filled for the unexpired |
11 | terms in the same manner as original appointments. Directors |
12 | shall receive no compensation for their services, but shall be |
13 | reimbursed for their expenses actually and necessarily incurred |
14 | by them in the performance of their duties under the act of |
15 | August 7, 1963 (P.L.549, No.290), referred to as the |
16 | Pennsylvania Higher Education Assistance Agency Act. |
17 | (c) The board of directors shall provide for the holding of |
18 | regular and special meetings. Six directors attending shall |
19 | constitute a quorum for the transaction of any business and, |
20 | unless a greater number is required by the bylaws of the agency, |
21 | the act of a majority of the directors present at any meeting |
22 | shall be deemed the act of the board. |
23 | (d) The board of directors shall adopt bylaws for the agency |
24 | and may appoint such officers and employes as it deems advisable |
25 | and may fix their compensation and prescribe their duties. |
26 | (e) The board of directors may elect an executive committee |
27 | of not less than five members who, in intervals between meetings |
28 | of the board, may transact such business of the agency as the |
29 | bylaws of the agency may from time to time authorize. Unless |
30 | otherwise provided by the bylaws, a majority of the whole of |
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1 | such committee attending shall constitute a quorum for the |
2 | transaction of any business, and the act of a majority of the |
3 | members of the executive committee present at any meeting |
4 | thereof shall be the act of such committee. |
5 | Section 2. Repeals are as follows: |
6 | (1) The repeal under paragraph (2) is necessary to |
7 | effectuate the addition of section 401.2 of the act. |
8 | (2) Section 3 of the act of August 7, 1963 (P.L.549, |
9 | No.290), referred to as the Pennsylvania Higher Education |
10 | Assistance Agency Act, is repealed. |
11 | Section 3. This act shall take effect June 30, 2012. |
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