Bill Text: PA SB1080 | 2011-2012 | Regular Session | Amended

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Bill Title: Providing for government support agencies including their organization and their powers and duties; consolidating certain existing agencies into a new agency and providing for its organization and its powers and duties; providing for implementation and the transition of the existing agencies into the new agency; and making related repeals.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Introduced - Dead) 2012-03-27 - Re-referred to APPROPRIATIONS [SB1080 Detail]

Download: Pennsylvania-2011-SB1080-Amended.html

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CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 1255, 1993 PRINTER'S NO. 1995
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1080 Session of2011
INTRODUCED BY GREENLEAF, PILEGGI, SCARNATI, BROWNE, SMUCKER, FONTANA, ALLOWAY, WAUGH, EARLL, FOLMER, WILLIAMS, YUDICHAK AND BRUBAKER, MAY 24, 2011
SENATOR SMUCKER, INTERGOVERNMENTAL OPERATIONS, AS AMENDED, MARCH 7, 2012
AN ACT
Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and <--
Judicial Procedure), 46 (Legislature), 53 (Municipalities
Generally), 61 (Prisons and Parole) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, by codifying and adding
provisions relating to certain legislative service agencies;
and making conforming amendments and related repeals.
Providing for government support agencies including their <--
organization and their powers and duties; consolidating
certain existing agencies into a new agency and providing for
its organization and its powers and duties; providing for
implementation and the transition of the existing agencies
into the new agency; and making related repeals.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Purposes.
Section 103. Definitions.
Section 104. Cooperation among agencies.
Chapter 3. Legislative Reference Bureau
Section 301. Definitions.
Section 302 Legislative Reference Bureau.
Section 303. Director.
Section 304. Qualifications and duties of director.
Section 305. Assistant director.
Section 306. Staff.
Section 307. Hours of operation.
Section 308. Legislative and public documents.
Section 309. Duties of bureau.
Section 310. Availability for consultation.
Section 311. Contracts for printing statutes.
Chapter 5. Legislative Data Processing Committee
Section 501. Definitions.
Section 502. Legislative Data Processing Committee.
Section 503. Powers and duties.
Section 504. Duties and qualifications of executive director.
Section 505. Prohibitions.
Section 506. Reimbursement of expenses.
Chapter 7. Capitol Preservation Committee
Section 701. Legislative findings and declaration of policy.
Section 702. Definitions.
Section 703. Capitol Preservation Committee.
Section 704. Powers and duties.
Section 705. Capitol Restoration Trust Fund.
Chapter 9. Local Government Commission
Section 901. Definitions.
Section 902. Commission.
Section 903. Duties.
Section 904. Code compilation.
Section 905. Powers.
Section 906. Reporting.
Section 907. Appropriations.
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Chapter 11. Pennsylvania Office for Research and Public Policy
Subchapter A. General Provisions
Section 1101. Definitions.
Section 1102. Pennsylvania Office for Research and Public
Policy.
Section 1103. Collaboration.
Subchapter B. General Research Unit
Section 1111. General Research Committee.
Section 1112. Powers and duties.
Subchapter C. Program Evaluation Unit
Section 1121. Program Evaluation Committee.
Section 1122. Powers and duties.
Subchapter D. Air and Water Pollution Unit
Section 1131. Air and Water Pollution Committee.
Section 1132. Powers and duties.
Subchapter E. Rural Conditions Unit.
Section 1141. Rural Conditions Committee.
Section 1142. Powers and duties.
Chapter 21. Miscellaneous Provisions
Section 2101. References.
Section 2102. Repeals.
Section 2103. Continuations.
Section 2104. Implementation.
Section 2105. Transition.
Section 2106. Federal funds; programs.
Section 2107. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3702(b) of Title 18 of the Pennsylvania <--
Consolidated Statutes is amended to read:
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§ 3702. Robbery of motor vehicle.
* * *
(b) Sentencing.--The Pennsylvania Commission on Sentencing,
pursuant to [42 Pa.C.S. § 2154] 46 Pa.C.S. § 5905 (relating to
adoption of guidelines for sentencing), shall provide for a
sentencing enhancement for an offense under this section.
Section 2. Subchapter F heading and sections 2151.1, 2151.2,
2152 and 2153 of Title 42 are repealed:
[SUBCHAPTER F
PENNSYLVANIA COMMISSION ON SENTENCING
§ 2151.1. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania Board of Probation and Parole.
"Commission." The Pennsylvania Commission on Sentencing
established in section 2151.2 (relating to commission).
"Department." The Department of Corrections of the
Commonwealth.
§ 2151.2. Commission.
(a) General rule.--The commission shall be established as an
agency of the General Assembly and shall consist of 11 persons
selected as provided in this subchapter.
(b) Seal.--The commission shall have a seal engraved with
its name and such other inscription as may be specified by
regulation of the commission.
§ 2152. Composition of commission.
(a) General rule.--The Pennsylvania Commission on Sentencing
shall consist of:
(1) Two members of the House of Representatives selected
20110SB1080PN1995 - 4 -
by the Speaker of the House of Representatives, no more than
one of whom shall be of the same political party.
(2) Two members of the Senate of Pennsylvania selected
by the President pro tempore of the Senate, no more than one
of whom shall be of the same political party.
(3) Four judges of courts of record selected by the
Chief Justice of Pennsylvania.
(4) Three persons appointed by the Governor, who shall
be, respectively:
(i) A district attorney.
(ii) A defense attorney.
(iii) Either a professor of law or a criminologist.
(a.1) Ex officio members.--The Secretary of Corrections, the
victim advocate appointed under section 301 of the act of
November 24, 1998 (P.L.882, No.111), known as the Crime Victims
Act, and the chairman of the board, during their tenure in their
respective positions, shall serve as ex officio nonvoting
members of the commission.
(b) Terms of office.--The members of the commission shall
serve for terms of two years and until a successor has been
selected and qualified. A vacancy on the commission shall be
filled for the balance of the term.
(c) Chairman and executive director.--The commission shall
select a chairman from its members and an executive director.
The chairman shall:
(1) Preside at meetings of the commission.
(2) Direct the preparation of requests for
appropriations for the commission and the use of funds made
available to the commission.
(d) Meetings and quorum.--
20110SB1080PN1995 - 5 -
(1) The commission shall meet at least four times a year
and not less than semiannually to establish its general
policies and rules.
(2) The commission shall be deemed an "agency" within
the meaning of and shall be subject to the provisions of the
act of July 19, 1974 (P.L.486, No.175), referred to as the
Public Agency Open Meeting Law.
(3) Seven commissioners shall constitute a quorum for
the purpose of adopting proposed initial and initial and
subsequent guidelines. A majority of commissioners shall
constitute a quorum for all other purposes.
(4) Minutes of meetings shall be kept by the executive
director and filed at the executive office of the commission.
(e) Records of action.--Except as otherwise provided by
statute, the commission shall maintain and make available for
public inspection a record of the final vote of each member on
any action taken by it.
(f) Expenses.--Each commissioner shall be entitled to
reimbursement for his accountable expenses incurred while
engaged in the business of the commission.
§ 2153. Powers and duties.
(a) General rule.--The commission, pursuant to rules and
regulations, shall have the power to:
(1) Establish general policies and promulgate such rules
and regulations for the commission as are necessary to carry
out the purposes of this subchapter and Chapter 97 (relating
to sentencing).
(2) Utilize, with their consent, the services,
equipment, personnel, information and facilities of Federal,
State, local and private agencies and instrumentalities with
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or without reimbursement therefor.
(3) Enter into and perform such contracts, leases,
cooperative agreements and other transactions as may be
necessary in the conduct of the functions of the commission,
with any public agency or with any person, firm, association,
corporation, educational institution or nonprofit
organization.
(4) Request such information, data and reports from any
officer or agency of the Commonwealth government as the
commission may from time to time require and as may be
produced consistent with other law.
(5) Arrange with the head of any government unit for the
performance by the government unit of any function of the
commission, with or without reimbursement.
(6) Issue invitations requesting the attendance and
testimony of witnesses and the production of any evidence
that relates directly to a matter with respect to which the
commission or any member thereof is empowered to make a
determination under this subchapter.
(7) Establish a research and development program within
the commission for the purpose of:
(i) Serving as a clearinghouse and information
center for the collection, preparation and dissemination
of information on Commonwealth sentencing, resentencing
and parole practices.
(ii) Assisting and serving in a consulting capacity
to the board, State courts, departments and agencies in
the development, maintenance and coordination of sound
sentencing, resentencing and parole practices.
(8) Collect systematically the data obtained from
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studies, research and the empirical experience of public and
private agencies concerning the sentencing processes.
(9) Publish data concerning the sentencing and parole
processes.
(10) Collect systematically and disseminate information
concerning parole dispositions and sentences actually
imposed, including initial sentences and any subsequent
modification of sentences or resentences following revocation
or remand, and parole and reparole decisions by the board and
any other paroling authority.
(11) Collect systematically and disseminate information
regarding effectiveness of parole dispositions and sentences
imposed.
(12) Make recommendations to the General Assembly
concerning modification or enactment of sentencing, parole
and correctional statutes which the commission finds to be
necessary and advisable to carry out an effective, humane and
rational sentencing, resentencing and parole policy.
(13) Establish a plan and timetable to collect and
disseminate information relating to incapacitation,
recidivism, deterrence and overall effectiveness of sentences
and parole dispositions imposed.
(14) Establish a program to systematically monitor
compliance with the guidelines, with recommitment ranges and
with mandatory sentencing laws to document eligibility for
and releases pursuant to a county reentry plan, to document
eligibility for and imposition of recidivism risk reduction
incentive minimum sentences and to document all parole and
reparole decisions by the board and any other paroling
authority by:
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(i) Promulgating forms which document the
application of sentencing, resentencing and parole
guidelines, mandatory sentencing laws, releases pursuant
to a county reentry plan, recommitment ranges and
recidivism risk reduction incentive minimum sentences and
collecting information on all parole and reparole
decisions by the board and any other paroling authority.
(ii) Requiring the timely completion and electronic
submission of such forms to the commission.
(15) Prior to adoption of changes to guidelines for
sentencing, resentencing and parole and recommitment ranges
following revocation, use a correctional population
simulation model to determine:
(i) Resources that are required under current
guidelines and ranges.
(ii) Resources that would be required to carry out
any proposed changes to the guidelines and ranges.
(b) Annual reports.--The commission shall report annually to
the General Assembly, the Administrative Office of Pennsylvania
Courts and the Governor on the activities of the commission.
(c) Additional powers and duties.--The commission shall have
such other powers and duties and shall perform such other
functions as may be necessary to carry out the purposes of this
subchapter or as may be provided under any other provision of
law and may delegate to any commissioner or designated person
such powers as may be appropriate other than the power to
establish general policies, guidelines, rules and factors under
subsection (a)(1).]
Section 3. Section 2154 of Title 42, amended October 27,
2010 (P.L.931, No.95), is repealed:
20110SB1080PN1995 - 9 -
[§ 2154. Adoption of guidelines for sentencing.
(a) General rule.--The commission shall adopt guidelines for
sentencing within the limits established by law which shall be
considered by the sentencing court in determining the
appropriate sentence for defendants who plead guilty or nolo
contendere to, or who were found guilty of, felonies and
misdemeanors. In adopting guidelines, the commission shall
recommend confinement that is consistent with the protection of
the public, the gravity of the offense as it relates to the
impact on the life of the victim and the community and the
rehabilitative needs of the offender. The guidelines shall
address the following:
(1) Seriousness of the offense, by specifying the range
of sentences applicable to crimes of a given degree of
gravity, including incapacitation of serious violent
offenders.
(2) Criminal history, by specifying a range of sentences
of increased severity for offenders previously convicted of
or adjudicated delinquent for one or more misdemeanor or
felony offenses committed prior to the current offense.
(3) Criminal behavior, by specifying a range of
sentences of increased severity for offenders who pose a
substantial risk to public safety, including those who
possessed or used a deadly weapon during the commission of
the current conviction offense.
(4) Aggravated and mitigated ranges, by specifying
variations from the range of sentences applicable on account
of aggravating or mitigating circumstances.
(5) The impact of any amendments to section 9756
(relating to sentence of total confinement).
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(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Possessed." On a defendant's person or within the
defendant's immediate physical control.
"Previously convicted of or adjudicated delinquent." Any
finding of guilt or adjudication of delinquency, whether or not
sentence has been imposed or disposition ordered prior to the
commission of the current offense.]
Section 4. Section 2154.1 of Title 42 is repealed:
[§ 2154.1. Adoption of guidelines for county intermediate
punishment.
The commission shall adopt guidelines to identify offenders
who would be eligible and appropriate for participation in
county intermediate punishment programs. These guidelines shall
be considered by the sentencing court in determining whether to
sentence an offender pursuant to section 9763 (relating to
sentence of county intermediate punishment). The guidelines
shall:
(1) Use the description of "eligible offender" provided
in Chapter 98 (relating to county intermediate punishment).
(2) Give primary consideration to protection of the
public safety.]
Section 5. Section 2154.2 of Title 42, amended October 27,
2010 (P.L.931, No.95), is repealed:
[§ 2154.2. Adoption of guidelines for State intermediate
punishment.
The commission shall adopt guidelines to identify offenders
who would be appropriate for participation in State intermediate
punishment programs. These guidelines shall be considered by the
20110SB1080PN1995 - 11 -
attorney for the Commonwealth and the sentencing court in
determining whether to commit a defendant for evaluation and
whether to sentence an eligible offender pursuant to 61 Pa.C.S.
Ch. 41 (relating to State intermediate punishment). The
guidelines shall:
(1) Use the description of "eligible offender" provided
in 61 Pa.C.S. Ch. 41.
(2) Give primary consideration to protection of the
public safety.]
Section 6. Sections 2154.3, 2154.4, 2154.5, 2154.6, 2154.7,
2155 and 2156 of Title 42 are repealed:
[§ 2154.3. Adoption of guidelines for fines.
The commission shall adopt guidelines for fines or other
lawful economic sanctions, within the limits established by law,
which shall be considered by the sentencing court in determining
the appropriate sentence for defendants who plead guilty or nolo
contendere to or who are found guilty of felonies and
misdemeanors. The guidelines shall do all of the following:
(1) Specify the range of fines or other lawful economic
sanctions, applicable to crimes of a given degree of gravity.
(2) Specify a range of fines or other lawful economic
sanctions of increased amount for defendants previously
convicted or adjudicated delinquent for one or more
misdemeanor or felony offenses committed prior to the current
offense. For purposes of this paragraph, the term "previously
convicted or adjudicated delinquent" shall include any
finding of guilt or adjudication of delinquency whether or
not sentence has been imposed or disposition ordered prior to
the commission of the current offense.
(3) Prescribe variations from the range of fines
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applicable on account of aggravating or mitigating
circumstances.
(4) Prescribe community service alternatives which may
be imposed in lieu of all or part of the fines where the
sentencing court finds the defendant lacks the ability to pay
all or part of the fine.
§ 2154.4. Adoption of guidelines for resentencing.
The commission shall adopt guidelines that shall be
considered by the court when resentencing an offender following
revocation of probation, county intermediate punishment or State
intermediate punishment. The guidelines shall take into account:
(1) Factors considered in adopting the sentencing
guidelines.
(2) The seriousness of the violation.
(3) The rehabilitative needs of the defendant.
§ 2154.5. Adoption of guidelines for parole.
(a) Adoption.--The commission shall adopt guidelines that
shall be considered by the board and any other paroling entity
when exercising its power to parole and reparole all persons
sentenced by any court in this Commonwealth to imprisonment in
any correctional institution. The guidelines shall do all of the
following:
(1) Give primary consideration to the protection of the
public and to victim safety.
(2) Provide for due consideration of victim input.
(3) Be designed to encourage inmates and parolees to
conduct themselves in accordance with conditions and rules of
conduct set forth by the department or other prison
facilities and the board.
(4) Be designed to encourage inmates and parolees to
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participate in programs that have been demonstrated to be
effective in reducing recidivism, including appropriate drug
and alcohol treatment programs.
(5) Provide for prioritization of incarceration,
rehabilitation and other criminal justice resources for
offenders posing the greatest risk to public safety.
(6) Use validated risk assessment tools, be evidence
based and take into account available research relating to
the risk of recidivism, minimizing the threat posed to public
safety and factors maximizing the success of reentry.
(b) Discretionary authority.--Notwithstanding any other
provision of law, this section shall not remove the
discretionary parole authority of the board and any other
paroling entity when exercising its power to parole and
reparole.
§ 2154.6. Adoption of recommitment ranges following revocation
of parole by board.
(a) Recommitment ranges.--The commission shall adopt
recommitment ranges that shall be considered by the board when
exercising its power to reparole, commit and recommit for
violations of parole any person sentenced by a court in this
Commonwealth to imprisonment in any correctional institution.
The recommitment ranges shall take into account the seriousness
of the initial conviction offense, the level of seriousness of
the violation and the rehabilitative needs of the defendant. At
the end of the recommittal period, the parole violator shall be
reviewed for parole or, without further review, shall be
reparoled.
(b) Deviation.--In every case in which the board deviates
from the recommitment ranges, the board shall provide a
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contemporaneous written statement of the reasons for the
deviation from the recommitment ranges to the commission as
established under section 2153(a)(14) (relating to powers and
duties).
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Recommitment range." A range of time within which a parole
violator may be recommitted to serve an additional part of the
term the parole violator would have been compelled to serve had
the parole violator not been paroled.
§ 2154.7. Adoption of risk assessment instrument.
(a) General rule.--The commission shall adopt a sentence
risk assessment instrument for the sentencing court to use to
help determine the appropriate sentence within the limits
established by law for defendants who plead guilty or nolo
contendere to or who were found guilty of felonies and
misdemeanors. The risk assessment instrument may be used as an
aide in evaluating the relative risk that an offender will
reoffend and be a threat to public safety.
(b) Sentencing guidelines.--The risk assessment instrument
may be incorporated into the sentencing guidelines under section
2154 (relating to adoption of guidelines for sentencing).
(c) Presentence investigation report.--Subject to the
provisions of the Pennsylvania Rules of Criminal Procedure, the
sentencing court may use the risk assessment instrument to
determine whether a more thorough assessment is necessary and to
order a presentence investigation report.
(d) Alternative sentencing.--Subject to the eligibility
requirements of each program, the risk assessment instrument may
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be an aide to help determine appropriate candidates for
alternative sentencing, including the recidivism risk reduction
incentive, State and county intermediate punishment programs and
State motivational boot camps.
(e) Definition.--As used in this section, the term "risk
assessment instrument" means an empirically based worksheet
which uses factors that are relevant in predicting recidivism.
§ 2155. Publication of guidelines for sentencing, resentencing
and parole and recommitment ranges following
revocation.
(a) General rule.--The commission shall:
(1) Prior to adoption, publish in the Pennsylvania
Bulletin all proposed sentencing guidelines, resentencing
guidelines following revocation of probation, county
intermediate punishment and State intermediate punishment,
parole guidelines and recommitment ranges following
revocation by the board of paroles granted, and hold public
hearings not earlier than 30 days and not later than 60 days
thereafter to afford an opportunity for the following persons
and organizations to testify:
(i) Pennsylvania District Attorneys Association.
(ii) Chiefs of Police Associations.
(iii) Fraternal Order of Police.
(iv) Public Defenders Organization.
(v) Law school faculty members.
(vi) State Board of Probation and Parole.
(vii) Department of Corrections.
(viii) Pennsylvania Bar Association.
(ix) Pennsylvania Wardens Association.
(x) Pennsylvania Association on Probation, Parole
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and Corrections.
(xi) Pennsylvania Conference of State Trial Judges.
(xii) Any other interested person or organization.
(2) Publish in the Pennsylvania Bulletin sentencing
guidelines as adopted by the commission.
(b) Rejection by General Assembly.--Subject to gubernatorial
review pursuant to section 9 of Article III of the Constitution
of Pennsylvania, the General Assembly may by concurrent
resolution reject in their entirety any guidelines or
recommitment ranges adopted by the commission within 90 days of
their publication in the Pennsylvania Bulletin pursuant to
subsection (a)(2).
(c) Effective date.--Sentencing guidelines, resentencing
guidelines following revocation of probation, county
intermediate punishment and State intermediate punishment,
parole guidelines and recommitment ranges following revocation
by the board of paroles granted, adopted by the commission shall
become effective 90 days after publication in the Pennsylvania
Bulletin pursuant to subsection (a)(2) unless disapproved
pursuant to subsection (b) and shall apply to sentences and
resentences and parole decisions made after the effective date
of the guidelines. If not disapproved, the commissioners shall
conduct training and orientation for trial court judges and
board members prior to the effective date of the guidelines and
recommitment ranges.
§ 2156. Severability of subchapter.
The provisions of this subchapter are severable. If any
provision of this subchapter or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this subchapter which can be
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given effect without the invalid provision or application.]
Section 7. Section 9721(b) and 9781(d)(4) of Title 42 are
amended to read:
§ 9721. Sentencing generally.
* * *
(b) General standards.--In selecting from the alternatives
set forth in subsection (a), the court shall follow the general
principle that the sentence imposed should call for confinement
that is consistent with the protection of the public, the
gravity of the offense as it relates to the impact on the life
of the victim and on the community, and the rehabilitative needs
of the defendant. The court shall also consider any guidelines
for sentencing and resentencing adopted by the Pennsylvania
Commission on Sentencing and taking effect under [section 2155]
46 Pa.C.S. § 5913 (relating to publication of guidelines for
sentencing, resentencing and parole and recommitment ranges
following revocation). In every case in which the court imposes
a sentence for a felony or misdemeanor, modifies a sentence,
resentences an offender following revocation of probation,
county intermediate punishment or State intermediate punishment
or resentences following remand, the court shall make as a part
of the record, and disclose in open court at the time of
sentencing, a statement of the reason or reasons for the
sentence imposed. In every case where the court imposes a
sentence or resentence outside the guidelines adopted by the
Pennsylvania Commission on Sentencing under [sections 2154] 46
Pa.C.S. §§ 5905 (relating to adoption of guidelines for
sentencing), [2154.1] 5906 (relating to adoption of guidelines
for county intermediate punishment), [2154.2] 5907 (relating to
adoption of guidelines for State intermediate punishment),
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[2154.3] 5908 (relating to adoption of guidelines for fines),
[2154.4] 5909 (relating to adoption of guidelines for
resentencing) and [2154.5] 5910 (relating to adoption of
guidelines for parole) and made effective under [section 2155]
46 Pa.C.S. § 5913, the court shall provide a contemporaneous
written statement of the reason or reasons for the deviation
from the guidelines to the commission, as established under
[section 2153(a)(14)] 46 Pa.C.S. § 5904(a)(14) (relating to
powers and duties). Failure to comply shall be grounds for
vacating the sentence or resentence and resentencing the
defendant.
* * *
§ 9781. Appellate review of sentence.
* * *
(d) Review of record.--In reviewing the record the appellate
court shall have regard for:
* * *
(4) The guidelines promulgated by the [commission]
Pennsylvania Commission on Sentencing under 46 Pa.C.S. Ch. 59
(relating to Pennsylvania Commission on Sentencing).
* * *
Section 8. Title 46 is amended by adding parts to read:
PART I
GENERAL PROVISIONS
Chapter
1. Preliminary Provisions
CHAPTER 1
PRELIMINARY PROVISIONS
Sec.
101. Short title.
20110SB1080PN1995 - 19 -
§ 101. Short title.
This title shall be known and may be cited as the Legislative
Code.
PART II
MEMBERS OF THE GENERAL ASSEMBLY
(Reserved)
PART III
OFFICERS AND EMPLOYEES
(Reserved)
PART IV
ADMINISTRATIVE MATTERS
(Reserved)
PART V
LEGISLATIVE SERVICE AGENCIES
Chapter
51. General provisions
53. Legislative Reference Bureau
55. Legislative Data Processing Committee
57. Capitol Preservation Committee
59. Pennsylvania Commission on Sentencing
61. Pennsylvania Office for Research and Public Policy
CHAPTER 51
GENERAL PROVISIONS
Sec.
5101. Definitions.
5102. Cooperation among agencies.
§ 5101. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
20110SB1080PN1995 - 20 -
"Legislative service agency." Any of the following:
(1) The Legislative Reference Bureau.
(2) The Legislative Data Processing Committee.
(3) The Capitol Preservation Committee.
(4) The Pennsylvania Commission on Sentencing.
(5) The Legislative Research and Policy Development
Office.
§ 5102. Cooperation among agencies.
(a) General rule.--The executive directors of the
legislative service agencies shall meet to discuss how their
respective legislative service agencies may support each other
to better serve the General Assembly. The executive director of
the Pennsylvania Office of Research and Public Policy shall
schedule the meetings with a goal of meeting at least quarterly.
(b) Development of procedures.--The executive directors may
develop procedures for sharing employees for certain projects.
CHAPTER 53
LEGISLATIVE REFERENCE BUREAU
Sec.
5301. Definitions.
5302. Legislative Reference Bureau.
5303. Director.
5304. Qualifications and duties of director.
5305. Assistant director.
5306. Staff.
5307. Hours of operation.
5308. Legislative and public documents.
5309. Duties of bureau.
5310. Availability for consultation.
5311. Contracts for printing statutes.
20110SB1080PN1995 - 21 -
§ 5301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bureau." The Legislative Reference Bureau established by
this chapter.
"Director." The Director of the Legislative Reference
Bureau.
§ 5302. Legislative Reference Bureau.
(a) Establishment.--The Legislative Reference Bureau is
established for the use and information of the Governor, the
members of the General Assembly, the heads of the departments of
State government and the citizens of this Commonwealth who wish
to consult the bureau.
(b) Location.--The bureau shall be located in the Main
Capitol Building.
§ 5303. Director.
The Director of the Legislative Reference Bureau shall be in
charge of the bureau and shall be elected biennially before the
first day of February, each odd-numbered year, by the Senate and
House of Representatives in joint session.
§ 5304. Qualifications and duties of director.
(a) General rule.--The director shall be:
(1) Qualified by experience, knowledge and ability to
conduct the work of the bureau.
(2) Knowledgeable in legislative procedure and
parliamentary practice and shall in such matters, when called
upon to do so, serve as an ex officio advisor to the General
Assembly.
(b) Bond.--The person elected as director shall give bond in
20110SB1080PN1995 - 22 -
the sum of $10,000 for the faithful performance of the person's
duties and shall devote the person's whole time and attention to
the duties of the office for which the person is elected.
(c) Access to legislative documents.--The director shall
have access to the law library and its publications of the
various state governments and the Federal Government, which may
be generally classed as legislative documents.
(d) Salary.--The annual salary of the director shall be
determined jointly by the President pro tempore of the Senate,
the Minority Leader of the Senate, the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives.
§ 5305. Assistant director.
(a) Appointment by director.--The director shall appoint an
assistant director who must be learned in the law and a skilled
bill drafter.
(b) Salary and duties.--
(1) The assistant director shall receive a salary as
fixed by the director.
(2) The assistant director shall perform the duties of
the director in the case of a vacancy in that office or in
case of the absence or inability of the director to act.
(3) The assistant director shall perform such other
duties as may be assigned by the director.
§ 5306. Staff.
(a) Appointment by director.--The director shall appoint a
trained librarian and such attorneys-at-law, clerks,
secretaries, stenographers, typists, messengers and other
employees, as the director deems necessary, and for such periods
and on such terms as the director deems advantageous to conduct
20110SB1080PN1995 - 23 -
the work of the bureau at all times.
(b) Compensation.--The director shall fix the number and
compensation of all employees of the bureau within the limits of
appropriations made in advance by the General Assembly.
§ 5307. Hours of operation.
The bureau shall be kept open on business days from 8:45 a.m.
to 4:45 p.m. during the year and, when the General Assembly is
in session, at such hours as are most convenient to the members
of the General Assembly.
§ 5308. Legislative and public documents.
(a) Duty to maintain.--The director shall prepare, and have
available for use:
(1) Indices of Pennsylvania laws, digests of such public
laws of this Commonwealth and other states as may be of use
for legislative information.
(2) Records and files of all bills and resolutions
presented in either branch of the General Assembly and loose
leaf files of acts of Assembly.
(3) Catalog files of such reports of departments, boards
and commissions and other public documents of this
Commonwealth.
(4) General books and pamphlets as pertain to the work
and service of the bureau, files of newspaper and periodical
clippings and other printed matter as may be proper for the
purposes of the bureau.
(b) Procurement of information.--The director shall, when
requested by the Governor, the members of the General Assembly
or the heads of departments, promptly procure available
information not on file in the bureau relating to legislation of
other states and shall investigate the manner in which laws have
20110SB1080PN1995 - 24 -
operated.
(c) Exchange of information with other states.--The director
shall establish a system of exchanges with such other states as
is expedient and practicable.
(d) Preparation and publication of information.--The
director shall from time to time prepare and publish such
bulletins, pamphlets and circulars, containing information
collected by the bureau and such compilations of this or other
states, as the director determines to be of service to the
Governor, the members of the General Assembly, the several
departments of State government and the citizens of this
Commonwealth.
(e) Preparation of codes.--
(1) From time to time the director shall prepare, for
adoption or rejection by the General Assembly, codes, by
topics, of the existing general statutes, arranged by
chapters or articles and sections under suitable headings and
shall add to the codes lists of statutes of the existing law
to be repealed.
(2) The director shall assist in or supervise, when
called upon by any proper authority or when directed to do so
by the General Assembly, the compilation and preparation of
any general revision and codification of the existing laws of
this Commonwealth.
§ 5309. Duties of bureau.
(a) Prohibited activity.--The director, assistant director
and employees of the bureau may neither oppose nor urge
legislation for the Commonwealth.
(b) Advice and assistance.--The director, assistant director
and employees of the bureau shall, upon request, assist the
20110SB1080PN1995 - 25 -
Governor, the members of the General Assembly and the heads of
departments by:
(1) Providing advice relating to bills and resolutions
of the General Assembly.
(2) Drafting bills and resolutions into proper form.
(3) Furnishing to them the fullest information upon all
matters within the scope of the bureau relating to their
public duties.
(c) Confidentiality.--The director, assistant director and
employees of the bureau may not reveal to any person outside the
bureau the contents or nature of any matter not yet published,
without the consent of the person who brought the matter to the
bureau.
§ 5310. Availability for consultation.
(a) Duties.--The bureau shall be available for consultation
freely by citizens of this Commonwealth relating to such general
information as it may be able to furnish and as to the statutory
law of this Commonwealth or any other state on particular
subjects and shall furnish to citizens, upon request, copies of
such laws as are available for distribution.
(b) Prohibition.--Notwithstanding the provisions of
subsection (a), in no case and under no circumstances shall the
director, assistant director or any employee of the bureau in
that person's official capacity furnish any opinion on any legal
matter to any private citizen.
§ 5311. Contracts for printing statutes.
(a) Power to enter into contracts.--
(1) Notwithstanding any other provision of law to the
contrary, including 62 Pa.C.S. (relating to procurement), the
Pennsylvania Consolidated Statutes, advance copies of
20110SB1080PN1995 - 26 -
statutes, volumes of the Laws of Pennsylvania and other
publications shall be printed under contracts entered into by
the bureau and distributed as determined by the bureau.
(2) Money from sales shall be paid to the bureau or the
Department of General Services, as the bureau shall
determine, and that money shall be paid into the State
Treasury to the credit of the General Fund.
(3) Money from sales is appropriated from the General
Fund to the bureau for the editing, printing and distribution
of the Pennsylvania Consolidated Statutes, advance copies of
statutes, volumes of the Laws of Pennsylvania and other
publications and for related expenses.
(b) Contingent expenses to be paid.--Contingent expenses
connected with the work of the bureau shall be paid on warrants
of the State Treasurer in favor of the director on the
presentation of the director's requisitions.
(c) Accounting of contingent expenses.--The director shall
file an accounting of the contingent expenses, together with
supporting documents whenever possible, in the office of the
bureau.
CHAPTER 55
LEGISLATIVE DATA PROCESSING COMMITTEE
Sec.
5501. Definitions.
5502. Legislative Data Processing Committee.
5503. Powers and duties.
5504. Duties and qualifications of executive director.
5505. Prohibitions.
5506. Reimbursement of expenses.
§ 5501. Definitions.
20110SB1080PN1995 - 27 -
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Legislative Data Processing Committee
established by this chapter.
"Executive director." The executive director of the
Legislative Data Processing Committee.
§ 5502. Legislative Data Processing Committee.
(a) Establishment.--
(1) The Legislative Data Processing Committee is
established and shall consist of:
(i) Two senators appointed by the President pro
tempore of the Senate.
(ii) Two senators appointed by the Minority Leader
of the Senate.
(iii) Two representatives appointed by the Speaker
of the House of Representatives.
(iv) Two representatives appointed by the Minority
Leader of the House of Representatives.
(v) The Secretary of the Senate and the
Parliamentarian of the House of Representatives, who
shall serve as nonvoting members of the committee.
(2) Members of the committee shall serve during each
regular session of the General Assembly and shall continue as
members until the first Tuesday in January of the next odd-
numbered year and until their respective successors shall
qualify, provided they continue to be members of the Senate
or the House of Representatives.
(3) The committee has a continuing existence and may
meet and conduct its business at any place within this
20110SB1080PN1995 - 28 -
Commonwealth during the sessions of the General Assembly or
any recess thereof and in the interim between sessions.
(b) Quorum and voting.--Six members of the committee shall
constitute a quorum and an affirmative vote of five members of
the committee shall be necessary to pass on any matter requiring
committee action.
(c) Attendance.--Nothing in this chapter or in any rules and
regulations promulgated by the committee shall prohibit a member
of the committee from participating in a meeting, executive
session, deliberations or any other activity through telephone
or other electronic medium.
(d) Proxies.--The committee shall adopt rules allowing for
and governing the use of proxies by members of the committee,
except that proxies may not be used to establish a quorum.
§ 5503. Powers and duties.
The committee shall have the following powers and duties:
(1) To establish and operate a legislative data
processing center incorporating a system or systems that are
capable of storing and retrieving all of the financial,
factual, procedural and legal information necessary to serve
all of the committees, officers and agencies of the General
Assembly.
(2) With the approval of the Committee on Management
Operations of the Senate and the Bi-partisan Management
Committee of the House of Representatives, to provide access
to public legislative information within the computer
information systems operated by the committee to persons
outside the General Assembly as the committee deems
appropriate. The access shall be provided in the manner
approved by the committee, the Committee on Management
20110SB1080PN1995 - 29 -
Operations of the Senate and the Bi-partisan Management
Committee of the House of Representatives. No information
residing in the computer information systems operated by the
committee shall be released or disseminated by the committee
or its employees to persons outside the General Assembly
without the approval of:
(i) The Committee on Management Operations of the
Senate if the document or information was originated,
prepared, generated or maintained in whole or in part by
the Senate.
(ii) The Bi-partisan Management Committee of the
House of Representatives if the document or information
was originated, prepared, generated or maintained in
whole or in part by the House of Representatives.
(3) Notwithstanding paragraph (2), to provide access to
information relating to bills, legislative histories and
session calendars to the Governor's Office, the Office of
Attorney General, the Auditor General, the State Treasurer,
the heads of other departments and such other offices within
State government as the committee, with the approval of the
Committee on Management Operations of the Senate and the Bi-
partisan Management Committee of the House of
Representatives, shall determine.
(4) To appoint and employ an executive director, who
shall be the chief executive officer of the committee, and
such other personnel as the committee may deem necessary in
the performance of its duties and to fix the compensation of
the executive director and other personnel.
(5) To enter into contracts for the services of such
professional, expert or technical services as the committee
20110SB1080PN1995 - 30 -
may deem necessary in the performance of its duties.
(6) To purchase or rent such equipment and supplies as
the committee may deem necessary in the performance of its
duties.
(7) To select its own chairman, vice chairman and such
other officers as the committee may deem necessary in the
performance of its duties.
(8) To make such rules and regulations as the committee
may deem necessary to properly carry out the most efficient
use of a legislative data processing system.
§ 5504. Duties and qualifications of executive director.
The executive director shall perform such duties as shall be
assigned to that office by the committee and must have the
following qualifications to be eligible for appointment:
(1) a master's degree in mathematics, physics, computer
technology or some related field of study from an accredited
institution of higher learning;
(2) a bachelor's degree from an accredited institution
of higher learning and at least three years of practical
experience in computer technology;
(3) at least five years of practical experience in
computer technology of which at least two years must have
included administrative and technical responsibility for
developing and implementing a computer-oriented data
processing system; or
(4) at least three years of practical experience in
developing computer data processing systems and any partial
combination of the experience qualifications specified in
paragraphs (1), (2) and (3) which in the committee's judgment
will result in the selection of an executive director capable
20110SB1080PN1995 - 31 -
of performing the duties prescribed in this chapter.
§ 5505. Prohibitions.
(a) General rule.--No person designated by the committee as
a professional employee, including the executive director,
shall:
(1) Be a member of or delegate or alternate to a
political convention, nor participate at any such convention,
except in the performance of the person's official duty or as
a visitor.
(2) Serve as a member of any committee of any political
party, take an active part in political management or in
political campaigns, use the person's office or position to
influence political movements or to influence the political
action of an officer or employee in the classified service.
(3) Circulate or seek signatures to a nomination or
other petition required by any primary or election law.
(4) Seek or accept election, nomination or appointment
as an officer of a political club or organization or serve as
a member of a committee of any such club or organization.
(5) In any manner participate in or interfere with the
conduct of any election or the preparation therefor at the
polling place or with the election officers while counting
the votes or returning the election material to the place
provided by law for that purpose. This paragraph shall not
apply to making and depositing the person's own ballot as
speedily as it reasonably can be done.
(6) Be within the polling place or within 50 feet of a
polling place, except for the purpose of carrying out the
person's official duties and of ordinary travel or residence
during the period of time beginning with one hour preceding
20110SB1080PN1995 - 32 -
the opening of the polls for holding such election and ending
with the time when the election officers shall have finished
counting the votes and have left the polling place for the
purpose of depositing the election material in the place
provided by law for that purpose.
(b) Preservation of rights.--The rights of an individual as
a citizen are not impaired by this section, and the prerogative
to attend meetings, to hear or see any candidate or nominee or
to express one's individual opinion shall remain inviolate.
§ 5506. Reimbursement of expenses.
The members of the committee shall serve without
compensation, but shall be reimbursed for their expenses
incurred:
(1) While attending sessions of the committee or
meetings of any subcommittee of the committee.
(2) While engaged in other committee business authorized
by the committee.
(3) In going to and coming from meetings of the
committee or its subcommittees.
(4) For travel and other committee business when
authorized by the committee.
CHAPTER 57
CAPITOL PRESERVATION COMMITTEE
Sec.
5701. Legislative findings and declaration of policy.
5702. Definitions.
5703. Capitol Preservation Committee.
5704. Powers and duties.
5705. Capitol Restoration Trust Fund.
§ 5701. Legislative findings and declaration of policy.
20110SB1080PN1995 - 33 -
The General Assembly finds and declares as follows:
(1) This Commonwealth has a rich heritage of historical
buildings, structures, documents, artifacts and other objects
and resources which bear witness to its growth as one of the
great states of this nation.
(2) Efforts have been made toward the restoration and
preservation of buildings, structures, documents, artifacts and
objects evidencing the history of this eminent Commonwealth and
of the General Assembly and these efforts should be continued
and intensified.
(3) Particular attention should be given to the preservation
of the architectural and historical integrity of the State
Capitol Building and to the restoration and preservation of
artifacts, documents and other historical objects and resources
located within that building.
(4) The most effective way to promote and foster the
historic preservation of the State Capitol Building is by the
establishment of a committee to supervise and coordinate this
work.
§ 5702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Capitol Preservation Committee established
by this chapter.
"Fund." The Capitol Restoration Trust Fund established by
this chapter.
§ 5703. Capitol Preservation Committee.
(a) Establishment.--The Capitol Preservation Committee is
established and shall supervise and coordinate the historic
20110SB1080PN1995 - 34 -
preservation of the State Capitol Building and the preservation
and restoration of historical documents, artifacts and other
objects and resources located in or associated with the State
Capitol Building.
(b) Membership.--The committee shall be composed of the
following:
(1) Four members of the Senate to be appointed by the
President pro tempore of the Senate, two from the majority
party and two from the minority party.
(2) Four members of the House of Representatives to be
appointed by the Speaker of the House of Representatives, two
from the majority party and two from the minority party.
(3) One member, appointed by the Chief Justice of
Pennsylvania, who is not a member of the judiciary.
(4) The Secretary of General Services or the secretary's
designee.
(5) The Executive Director of the Pennsylvania
Historical and Museum Commission or the executive director's
designee.
(6) Three members appointed by the Governor, which
members shall include individuals with experience in
restoration of monumental buildings or a background in
historical restoration or fine arts conservation.
(b.1) Restriction.--No member appointed under subsection (b)
(3) or (6) shall be a member of the executive, legislative or
judicial branch of State government at the time of the person's
appointment.
(c) Terms.--
(1) Members appointed under subsection (b)(1) and (2)
shall be appointed at the commencement of a regular session
20110SB1080PN1995 - 35 -
of the General Assembly in each odd-numbered year. These
appointments shall take effect 31 days following the
convening of the session, and the terms of these members
shall run until 30 days after the convening of the next
regular session of the General Assembly.
(2) The terms of members enumerated in subsection (b)(4)
and (5) shall be coincident with their respective offices.
(3) The terms of members appointed under subsection (b)
(3) and (6) shall be coincident with that of the appointing
Governor, President pro tempore of the Senate, Speaker of the
House of Representatives and Chief Justice of Pennsylvania.
(d) Vacancies.--Vacancies in the membership of the committee
shall be filled for the balance of the unexpired term in the
same manner as the original appointment.
(e) Organization and procedure.--
(1) The committee shall elect by a majority of all its
members a chairman and vice chairman from among its members,
each to serve for a term of two years, and the committee
shall meet not less than twice each year.
(2) A majority of all the members of the committee shall
constitute a quorum for the transaction of business.
(3) The committee may adopt rules for its government,
organization and procedures not inconsistent with the
provisions of this chapter.
(f) Expenses.--Members of the committee shall receive no
compensation for their services but shall be reimbursed for all
necessary travel and other reasonable expenses incurred in
connection with the performance of their duties as members.
§ 5704. Powers and duties.
In addition to other powers and duties conferred by this
20110SB1080PN1995 - 36 -
chapter, the committee shall have the following powers and
duties:
(1) To develop a comprehensive plan and program for the
historic preservation and restoration of the State Capitol
Building.
(2) To monitor the making of all major repairs,
alterations and improvements in and about the State Capitol
Building, including the furnishing and refurnishing of the
building, where such repairs, alterations or improvements may
alter or otherwise affect the architectural and historical
integrity of the building.
(3) To monitor the maintenance, restoration,
preservation and rehabilitation of historical documents,
artifacts and other historical objects or resources located
within and around, or associated with, the State Capitol
Building.
(4) To acquire on behalf of the Commonwealth artifacts,
documents and other historical objects or resources which
contribute to the historical significance of the State
Capitol Building.
(5) To receive for and on behalf of the Commonwealth
gifts or bequests of artifacts, documents and other
historical objects or resources which contribute to the
historical significance of the State Capitol Building.
(6) To assist in the preservation of other buildings and
structures located within the Capitol Complex.
(7) To accept grants and subsidies from and enter into
agreements or other transactions with any Federal agency or
agency of the Commonwealth or other entity.
(8) To enter into contracts and to execute all
20110SB1080PN1995 - 37 -
instruments necessary or convenient for carrying on its
operations.
(9) To issue appropriate regulations for the
implementation of this chapter.
(10) To do all other things necessary or convenient to
carry out the powers and duties conferred by this chapter.
§ 5705. Capitol Restoration Trust Fund.
(a) Establishment.--The Capitol Restoration Trust Fund is
established in the State Treasury. The fund shall be
administered by the committee and all moneys in the fund are
appropriated to the committee on a continuing basis.
(b) Purpose.--The moneys in the fund shall be used for:
(1) The maintenance, restoration, preservation and
rehabilitation of artifacts, documents and other historical
objects or resources located within and around or associated
with the State Capitol Building or acquired by the committee.
(2) The acquisition of artifacts, documents and other
historical objects or resources, including, but not limited
to, statuary, art or any element which contributes to the
historical significance of the State Capitol Building.
(c) Contributions, solicitation of funds.--
(1) The committee may:
(i) Accept on behalf of the Commonwealth gifts,
donations, legacies and usages of money from individuals,
organizations, public or private corporations and other
similar entities.
(ii) Solicit and raise moneys from public and
private sources through the sale of commemorative medals
and other items of a similar nature which promote the
historic preservation and restoration of the State
20110SB1080PN1995 - 38 -
Capitol Building.
(2) Except for appropriations made by the General
Assembly, all moneys received or raised under this section
shall be paid into the State Treasury and credited to the
fund.
(d) Operating expenses.--Appropriations made by the General
Assembly to the committee shall be used for:
(1) Payment of necessary travel and other reasonable
expenses of committee members.
(2) The compensation and expenses of staff for the
committee.
(3) Administrative expenses.
(4) Administering the provisions of the chapter.
CHAPTER 59
PENNSYLVANIA COMMISSION ON SENTENCING
Sec.
5901. Definitions.
5902. Pennsylvania Commission on Sentencing established.
5903. Composition of commission.
5904. Powers and duties.
5905. Adoption of guidelines for sentencing.
5906. Adoption of guidelines for county intermediate
punishment.
5907. Adoption of guidelines for State intermediate punishment.
5908. Adoption of guidelines for fines.
5909. Adoption of guidelines for resentencing.
5910. Adoption of guidelines for parole.
5911. Adoption of recommitment ranges following revocation of
parole by board.
5912. Adoption of risk assessment instrument.
20110SB1080PN1995 - 39 -
5913. Publication of guidelines for sentencing, resentencing
and parole and recommitment ranges following
revocation.
§ 5901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania Board of Probation and Parole.
"Commission." The Pennsylvania Commission on Sentencing
established by this chapter.
"Department." The Department of Corrections of the
Commonwealth.
§ 5902. Pennsylvania Commission on Sentencing established.
(a) General rule.--The Pennsylvania Commission on Sentencing
is established as an agency of the General Assembly and shall
consist of 11 persons selected as provided in this chapter.
(b) Seal.--The commission shall have a seal engraved with
its name and such other inscription as may be specified by
regulation of the commission.
§ 5903. Composition of commission.
(a) General rule.--The Pennsylvania Commission on Sentencing
shall consist of:
(1) Two members of the House of Representatives selected
by the Speaker of the House of Representatives, no more than
one of whom shall be of the same political party.
(2) Two members of the Senate selected by the President
pro tempore of the Senate, no more than one of whom shall be
of the same political party.
(3) Four judges of courts of record selected by the
Chief Justice of Pennsylvania.
20110SB1080PN1995 - 40 -
(4) Three persons appointed by the Governor, who shall
be, respectively:
(i) A district attorney.
(ii) A defense attorney.
(iii) Either a professor of law or a criminologist.
(a.1) Ex officio members.--The Secretary of Corrections, the
victim advocate appointed under section 301 of the act of
November 24, 1998 (P.L.882, No.111), known as the Crime Victims
Act, and the chairman of the board, during their tenure in their
respective positions, shall serve as ex officio nonvoting
members of the commission.
(b) Terms of office.--The members of the commission shall
serve for terms of two years and until a successor has been
selected and qualified. A vacancy on the commission shall be
filled for the balance of the term.
(c) Chairman and executive director.--The commission shall
select a chairman from its members and an executive director.
The chairman shall:
(1) Preside at meetings of the commission.
(2) Direct the preparation of requests for
appropriations for the commission and the use of funds made
available to the commission.
(d) Meetings and quorum.--
(1) The commission shall meet at least four times a year
and not less than semiannually to establish its general
policies and rules.
(2) The commission shall be deemed an "agency" within
the meaning of and shall be subject to the provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings).
(3) Seven commissioners shall constitute a quorum for
20110SB1080PN1995 - 41 -
the purpose of adopting proposed initial and initial and
subsequent guidelines. A majority of commissioners shall
constitute a quorum for all other purposes.
(4) Minutes of meetings shall be kept by the executive
director and filed at the executive office of the commission.
(e) Records of action.--Except as otherwise provided by
statute, the commission shall maintain and make available for
public inspection a record of the final vote of each member on
any action taken by it.
(f) Expenses.--A commissioner shall be entitled to
reimbursement for the commissioner's accountable expenses
incurred while engaged in the business of the commission.
§ 5904. Powers and duties.
(a) General rule.--The commission, pursuant to rules and
regulations, shall have the power to:
(1) Establish general policies and promulgate such rules
and regulations for the commission as are necessary to carry
out the purposes of this chapter and 42 Pa.C.S. Ch. 97
(relating to sentencing).
(2) Utilize, with their consent, the services,
equipment, personnel, information and facilities of Federal,
State, local and private agencies and instrumentalities with
or without reimbursement therefor.
(3) Enter into and perform such contracts, leases,
cooperative agreements and other transactions as may be
necessary in the conduct of the functions of the commission,
with any public agency or with any person, firm, association,
corporation, educational institution or nonprofit
organization.
(4) Request such information, data and reports from any
20110SB1080PN1995 - 42 -
officer or agency of the State government as the commission
may from time to time require and as may be produced
consistent with other law.
(5) Arrange with the head of any government unit for the
performance by the government unit of any function of the
commission, with or without reimbursement.
(6) Issue invitations requesting the attendance and
testimony of witnesses and the production of any evidence
that relates directly to a matter with respect to which the
commission or any member thereof is empowered to make a
determination under this chapter.
(7) Establish a research and development program within
the commission for the purpose of:
(i) Serving as a clearinghouse and information
center for the collection, preparation and dissemination
of information on Commonwealth sentencing, resentencing
and parole practices.
(ii) Assisting and serving in a consulting capacity
to the board, State courts, departments and agencies in
the development, maintenance and coordination of sound
sentencing, resentencing and parole practices.
(8) Collect systematically the data obtained from
studies, research and the empirical experience of public and
private agencies concerning the sentencing processes.
(9) Publish data concerning the sentencing and parole
processes.
(10) Collect systematically and disseminate information
concerning parole dispositions and sentences actually
imposed, including initial sentences and any subsequent
modification of sentences or resentences following revocation
20110SB1080PN1995 - 43 -
or remand, and parole and reparole decisions by the board and
any other paroling authority.
(11) Collect systematically and disseminate information
regarding effectiveness of parole dispositions and sentences
imposed.
(12) Make recommendations to the General Assembly
concerning modification or enactment of sentencing, parole
and correctional statutes which the commission finds to be
necessary and advisable to carry out an effective, humane and
rational sentencing, resentencing and parole policy.
(13) Establish a plan and timetable to collect and
disseminate information relating to incapacitation,
recidivism, deterrence and overall effectiveness of sentences
and parole dispositions imposed.
(14) Establish a program to systematically monitor
compliance with the guidelines, with recommitment ranges and
with mandatory sentencing laws to document eligibility for
and releases pursuant to a county reentry plan, to document
eligibility for and imposition of recidivism risk reduction
incentive minimum sentences and to document all parole and
reparole decisions by the board and any other paroling
authority by:
(i) Promulgating forms which document the
application of sentencing, resentencing and parole
guidelines, mandatory sentencing laws, releases pursuant
to a county reentry plan, recommitment ranges and
recidivism risk reduction incentive minimum sentences and
collecting information on all parole and reparole
decisions by the board and any other paroling authority.
(ii) Requiring the timely completion and electronic
20110SB1080PN1995 - 44 -
submission of such forms to the commission.
(15) Prior to adoption of changes to guidelines for
sentencing, resentencing and parole and recommitment ranges
following revocation, use a correctional population
simulation model to determine:
(i) Resources that are required under current
guidelines and ranges.
(ii) Resources that would be required to carry out
any proposed changes to the guidelines and ranges.
(b) Annual reports.--The commission shall report annually to
the Governor, the General Assembly and the Administrative Office
of Pennsylvania Courts on the activities of the commission.
(c) Additional powers and duties.--The commission shall have
such other powers and duties and shall perform such other
functions as may be necessary to carry out the purposes of this
chapter or as may be provided under any other provision of law
and may delegate to any commissioner or designated person such
powers as may be appropriate other than the power to establish
general policies, guidelines, rules and factors under subsection
(a)(1).
§ 5905. Adoption of guidelines for sentencing.
(a) General rule.--The commission shall adopt guidelines for
sentencing within the limits established by law which shall be
considered by the sentencing court in determining the
appropriate sentence for defendants who plead guilty or nolo
contendere to, or who were found guilty of, felonies and
misdemeanors. In adopting guidelines, the commission shall
recommend confinement that is consistent with the protection of
the public, the gravity of the offense as it relates to the
impact on the life of the victim and the community and the
20110SB1080PN1995 - 45 -
rehabilitative needs of the offender. The guidelines shall
address the following:
(1) Seriousness of the offense, by specifying the range
of sentences applicable to crimes of a given degree of
gravity, including incapacitation of serious violent
offenders.
(2) Criminal history, by specifying a range of sentences
of increased severity for offenders previously convicted of
or adjudicated delinquent for one or more misdemeanor or
felony offenses committed prior to the current offense.
(3) Criminal behavior, by specifying a range of
sentences of increased severity for offenders who pose a
substantial risk to public safety, including those who
possessed or used a deadly weapon during the commission of
the current conviction offense.
(4) Aggravated and mitigated ranges, by specifying
variations from the range of sentences applicable on account
of aggravating or mitigating circumstances.
(5) The impact of any amendments to 42 Pa.C.S. § 9756
(relating to sentence of total confinement).
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Possessed." On a defendant's person or within the
defendant's immediate physical control.
"Previously convicted of or adjudicated delinquent." Any
finding of guilt or adjudication of delinquency, whether or not
sentence has been imposed or disposition ordered prior to the
commission of the current offense.
§ 5906. Adoption of guidelines for county intermediate
20110SB1080PN1995 - 46 -
punishment.
The commission shall adopt guidelines to identify offenders
who would be eligible and appropriate for participation in
county intermediate punishment programs. These guidelines shall
be considered by the sentencing court in determining whether to
sentence an offender pursuant to 42 Pa.C.S. § 9763 (relating to
sentence of county intermediate punishment). The guidelines
shall:
(1) Use the description of "eligible offender" provided
in 42 Pa.C.S. Ch. 98 (relating to county intermediate
punishment).
(2) Give primary consideration to protection of the
public safety.
§ 5907. Adoption of guidelines for State intermediate
punishment.
The commission shall adopt guidelines to identify offenders
who would be appropriate for participation in State intermediate
punishment programs. These guidelines shall be considered by the
attorney for the Commonwealth and the sentencing court in
determining whether to commit a defendant for evaluation and
whether to sentence an eligible offender pursuant to 61 Pa.C.S.
Ch. 41 (relating to State intermediate punishment). The
guidelines shall:
(1) Use the description of "eligible offender" provided
in 61 Pa.C.S. Ch. 41.
(2) Give primary consideration to protection of the
public safety.
§ 5908. Adoption of guidelines for fines.
The commission shall adopt guidelines for fines or other
lawful economic sanctions, within the limits established by law,
20110SB1080PN1995 - 47 -
which shall be considered by the sentencing court in determining
the appropriate sentence for defendants who plead guilty or nolo
contendere to or who are found guilty of felonies and
misdemeanors. The guidelines shall do all of the following:
(1) Specify the range of fines or other lawful economic
sanctions, applicable to crimes of a given degree of gravity.
(2) Specify a range of fines or other lawful economic
sanctions of increased amount for defendants previously
convicted or adjudicated delinquent for one or more
misdemeanor or felony offenses committed prior to the current
offense. For purposes of this paragraph, the term "previously
convicted or adjudicated delinquent" shall include any
finding of guilt or adjudication of delinquency whether or
not sentence has been imposed or disposition ordered prior to
the commission of the current offense.
(3) Prescribe variations from the range of fines
applicable on account of aggravating or mitigating
circumstances.
(4) Prescribe community service alternatives which may
be imposed in lieu of all or part of the fines where the
sentencing court finds the defendant lacks the ability to pay
all or part of the fine.
§ 5909. Adoption of guidelines for resentencing.
The commission shall adopt guidelines that shall be
considered by the court when resentencing an offender following
revocation of probation, county intermediate punishment or State
intermediate punishment. The guidelines shall take into account:
(1) Factors considered in adopting the sentencing
guidelines.
(2) The seriousness of the violation.
20110SB1080PN1995 - 48 -
(3) The rehabilitative needs of the defendant.
§ 5910. Adoption of guidelines for parole.
(a) Adoption.--The commission shall adopt guidelines that
shall be considered by the board and any other paroling entity
when exercising its power to parole and reparole all persons
sentenced by any court in this Commonwealth to imprisonment in
any correctional institution. The guidelines shall do all of the
following:
(1) Give primary consideration to the protection of the
public and to victim safety.
(2) Provide for due consideration of victim input.
(3) Be designed to encourage inmates and parolees to
conduct themselves in accordance with conditions and rules of
conduct established by the department or other prison
facilities and the board.
(4) Be designed to encourage inmates and parolees to
participate in programs that have been demonstrated to be
effective in reducing recidivism, including appropriate drug
and alcohol treatment programs.
(5) Provide for prioritization of incarceration,
rehabilitation and other criminal justice resources for
offenders posing the greatest risk to public safety.
(6) Use validated risk assessment tools, be evidence
based and take into account available research relating to
the risk of recidivism, minimizing the threat posed to public
safety and factors maximizing the success of reentry.
(b) Discretionary authority.--Notwithstanding any other
provision of law, this section shall not be construed to remove
the discretionary parole authority of the board and any other
paroling entity when exercising its power to parole and
20110SB1080PN1995 - 49 -
reparole.
§ 5911. Adoption of recommitment ranges following revocation of
parole by board.
(a) Recommitment ranges.--
(1) The commission shall adopt recommitment ranges that
shall be considered by the board when exercising its power to
reparole, commit and recommit for violations of parole any
person sentenced by a court in this Commonwealth to
imprisonment in any correctional institution. The
recommitment ranges shall take into account the seriousness
of the initial conviction offense, the level of seriousness
of the violation and the rehabilitative needs of the
defendant.
(2) At the end of the recommittal period, a parole
violator shall be reviewed for parole or, without further
review, shall be reparoled.
(b) Deviation.--In every case in which the board deviates
from the recommitment ranges, the board shall provide a
contemporaneous written statement of the reasons for the
deviation from the recommitment ranges to the commission as
established under section 5904(a)(14) (relating to powers and
duties).
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Recommitment range." A range of time within which a parole
violator may be recommitted to serve an additional part of the
term the parole violator would have been compelled to serve had
the parole violator not been paroled.
§ 5912. Adoption of risk assessment instrument.
20110SB1080PN1995 - 50 -
(a) General rule.--The commission shall adopt a sentence
risk assessment instrument for the sentencing court to use to
help determine the appropriate sentence within the limits
established by law for defendants who plead guilty or nolo
contendere to or who were found guilty of felonies and
misdemeanors. The risk assessment instrument may be used as an
aide in evaluating the relative risk that an offender will
reoffend and be a threat to public safety.
(b) Sentencing guidelines.--The risk assessment instrument
may be incorporated into the sentencing guidelines under section
5905 (relating to adoption of guidelines for sentencing).
(c) Presentence investigation report.--Subject to the
provisions of the Pennsylvania Rules of Criminal Procedure, the
sentencing court may use the risk assessment instrument to
determine whether a more thorough assessment is necessary and to
order a presentence investigation report.
(d) Alternative sentencing.--Subject to the eligibility
requirements of each program, the risk assessment instrument may
be an aide to help determine appropriate candidates for
alternative sentencing, including the recidivism risk reduction
incentive, State and county intermediate punishment programs and
State motivational boot camps.
(e) Definition.--As used in this section, the term "risk
assessment instrument" means an empirically based worksheet
which uses factors that are relevant in predicting recidivism.
§ 5913. Publication of guidelines for sentencing, resentencing
and parole and recommitment ranges following
revocation.
(a) General rule.--The commission shall:
(1) Prior to adoption, publish in the Pennsylvania
20110SB1080PN1995 - 51 -
Bulletin all proposed sentencing guidelines, resentencing
guidelines following revocation of probation, county
intermediate punishment and State intermediate punishment,
parole guidelines and recommitment ranges following
revocation by the board of paroles granted, and hold public
hearings not earlier than 30 days and not later than 60 days
thereafter to afford an opportunity for the following persons
and organizations to testify:
(i) Pennsylvania District Attorneys Association.
(ii) Chiefs of Police Associations.
(iii) Fraternal Order of Police.
(iv) Public Defenders Organization.
(v) Law school faculty members.
(vi) State Board of Probation and Parole.
(vii) Department of Corrections.
(viii) Pennsylvania Bar Association.
(ix) Pennsylvania Wardens Association.
(x) Pennsylvania Association on Probation, Parole
and Corrections.
(xi) Pennsylvania Conference of State Trial Judges.
(xii) Any other interested person or organization.
(2) Publish in the Pennsylvania Bulletin sentencing
guidelines as adopted by the commission.
(b) Rejection by General Assembly.--Subject to gubernatorial
review pursuant to section 9 of Article III of the Constitution
of Pennsylvania, the General Assembly may by concurrent
resolution reject in their entirety any guidelines or
recommitment ranges adopted by the commission within 90 days of
their publication in the Pennsylvania Bulletin pursuant to
subsection (a)(2).
20110SB1080PN1995 - 52 -
(c) Effective date.--
(1) Sentencing guidelines, resentencing guidelines
following revocation of probation, county intermediate
punishment and State intermediate punishment, parole
guidelines and recommitment ranges following revocation by
the board of paroles granted, adopted by the commission shall
become effective 90 days after publication in the
Pennsylvania Bulletin pursuant to subsection (a)(2) unless
disapproved pursuant to subsection (b) and shall apply to
sentences and resentences and parole decisions made after the
effective date of the guidelines.
(2) If not disapproved, the commissioners shall conduct
training and orientation for trial court judges and board
members prior to the effective date of the guidelines and
recommitment ranges.
CHAPTER 61
PENNSYLVANIA OFFICE FOR RESEARCH AND PUBLIC POLICY
Sec.
6101. Definitions.
6102. Pennsylvania Office for Research and Public Policy.
6103. Executive director.
6104. Powers and duties.
§ 6101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Executive director." The executive director of the office.
"Local government." A county, city, borough, town, township
or school district.
"Office." The Pennsylvania Office for Research and Public
20110SB1080PN1995 - 53 -
Policy established by this chapter.
"Records." Books, papers, manuals, reports, verification
letters, work papers and other documentary materials, regardless
of physical form or characteristics, under the control of the
Pennsylvania Office for Research and Public Policy or its
authorized representative which are maintained pursuant to a
project conducted under section 6104 (relating to powers and
duties) and the specific and unique information contained
therein.
§ 6102. Pennsylvania Office for Research and Public Policy.
The Pennsylvania Office for Research and Public Policy is
established and shall be the central bicameral, bipartisan
research and policy development office for the General Assembly.
§ 6103. Executive director.
(a) Election.--An executive director shall be in charge of
the office. The executive director shall be elected by the
members of the General Assembly biennially before the first day
of February, each odd-numbered year, by the Senate and the House
of Representatives in joint session.
(b) Qualifications.--The executive director shall be
qualified by experience, knowledge and ability to conduct the
work of the office.
(c) Duty to report.--The executive director shall report
regularly to the President pro tempore of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives.
(d) Appointment of assistant executive director.--The
executive director may appoint an assistant executive director
and such other employees as the executive director deems
20110SB1080PN1995 - 54 -
necessary to conduct the work of the office, including
attorneys, economists, fiscal analysts, public policy analysts
and other professional, technical and clerical staff. The
executive director shall oversee the development of policies for
the office regarding the reimbursement of expenses and other
administrative matters.
§ 6104. Powers and duties.
(a) General authority.--
(1) (i) The office shall conduct any investigation or
study and gather any information as may be deemed useful
to the General Assembly and to the standing committees of
the Senate and the House of Representatives.
(ii) A long-term study or investigation or a
codification project which is likely to take more than 90
days to complete may only be initiated by a resolution of
the Senate or the House of Representatives.
(iii) The office shall have the power to call upon
any department or agency of the State government for
information as it deems pertinent to any investigation or
study.
(iv) The office may designate persons, other than
members of the General Assembly, to act in advisory
capacities.
(v) The office shall report to the General Assembly
or to the various standing committees of the Senate and
the House of Representatives findings and recommendations
accompanied with drafts of legislation as it deems
necessary for the information of the consideration by the
General Assembly.
(2) In making recommendations, the office shall consider
20110SB1080PN1995 - 55 -
the fiscal impact on the Commonwealth. To the extent
possible, the office shall provide a cost-benefit analysis of
any recommendation.
(3) The office may accept requests for research
assistance from individual members of the General Assembly
and their staff.
(4) (i) Records which are created or obtained during
study projects under this section shall be treated as
confidential. Requests made of the office to inspect
identifiable records pertaining to a project under this
section shall be denied and the requesting party notified
that the records are considered to be confidential and
will not be made available for inspection.
(ii) The work papers underlying the office's studies
pursuant to this section shall be privileged from public
disclosure, including through discovery in a judicial or
administrative proceeding, because they show the
deliberative process of the office in carrying out its
role in the overall legislative method under Pennsylvania
law in studying, evaluating and recommending policy
improvement to State government and law.
(5) The office may issue subpoenas to compel the
attendance of witnesses and the production of any information
relevant to matters properly being inquired into by the
office under this section, to administer oaths and to cause
the deposition of witnesses, either residing within or
without this Commonwealth, to be taken in the manner
prescribed by law for taking depositions in civil actions.
The office may hold public hearings as it deems necessary.
(6) The office shall develop relationships with colleges
20110SB1080PN1995 - 56 -
and universities in this Commonwealth so that faculty at
those colleges and universities may provide in-kind expertise
to the General Assembly to respond to research requests.
(7) The office shall have specific units which shall
include, but not be limited to, the areas of study under
subsections (b), (c), (d) and (e).
(b) Program evaluation.--The office shall:
(1) Make current examination of Commonwealth programs,
agencies and commissions to determine whether or not the
programs, agencies and commissions are functioning
efficiently and effectively and for the purposes and within
the statutory restrictions provided by the General Assembly.
(2) Before any report is publicly released by the office
under this subsection, the department, officer or agency of
the State government involved therein shall be afforded an
opportunity to comment and the comments shall be attached to
the office's report.
(3) The office shall have direct and unimpeded access to
all material it deems necessary, including, but not limited
to, personnel records, to fulfill its duties under this
subsection. The office and its authorized representatives
will follow oral and written procedures developed in
conjunction with subject agencies for the inspection and
copying of records maintained by agents of the subject agency
responsible for the custody of the records. The procedures
may not act to impede the nature of material to be accessed
by the office.
(c) Local government.--The office shall:
(1) Study and provide information about local government
including the study and investigation of the functions of
20110SB1080PN1995 - 57 -
local government, the possibility of eliminating unnecessary
functions and the duplication and overlapping of functions.
(2) Study the following:
(i) The costs of local government, the ways and
means of reducing these costs and lessening the burden on
local taxpayers. The office shall identify and catalog
State mandates on local governments.
(ii) The advisability and feasibility of increasing
the areas or changing the boundaries of local
governments.
(iii) The establishment of larger units for
administration by consolidation of units of local
governments by cooperative arrangements between them for
the performance of certain functions.
(iv) Generally, the ways and means of organizing a
more modernized and efficient system of local government,
including recommendations to modernize local government
codes and related laws.
(3) Print or publish municipal codes electronically on
the office's Internet website in a secure format accessible
to the public and update such codes within 60 days of the
effective date of any amendment to the codes.
(4) Review intergovernmental cooperation agreements in
accordance with 53 Pa.C.S. § 2314 (relating to review of
agreement by Pennsylvania Office for Research and Public
Policy).
(5) Exercise other functions as may be deemed necessary
to provide information to and assist local governments and
municipal associations.
(d) Air and water pollution.--The office shall:
20110SB1080PN1995 - 58 -
(1) Conduct continuing studies of air and water
pollution laws, including the enforcement of those laws, and
recommend needed changes to the General Assembly.
(2) Conduct continuing studies of mining practices,
including deep mining, strip mining, open pit mining and
quarrying, the restoration of land that has been mined and
the laws relating to the restoration of land where mining
operations have occurred.
(3) Receive complaints and hold hearings related to the
subject matter in paragraphs (1) and (2).
(e) Rural conditions.--The office shall:
(1) Administer grants to conduct research on matters
relating to rural conditions to facilitate and coordinate
basic and applied research and service components related to
issues regarding the welfare of rural Pennsylvania.
(2) Make grants available only to the qualified faculty
members of the various universities of the State System of
Higher Education, the current land grant university and the
regional campuses of the University of Pittsburgh. No grant
shall exceed the sum of $60,000. The subject areas of the
grant program shall be: rural people and communities,
economic development, local government finance and
administration, community services, natural resources and
environment, educational outreach, rural values and social
change, agriculture and health and welfare concerns.
(3) Develop and maintain an appropriate base of
knowledge and information about rural conditions and needs
through a database. The database shall include the following
major areas of concern: agriculture, economic development,
local government capacity and fiscal stress indicators,
20110SB1080PN1995 - 59 -
transportation, sociodemographics, health care and human
services, environment and natural resources, education and
condition of the extant local infrastructure of
Pennsylvania's rural communities. The data shall be arranged
in such a manner so as to facilitate the monitoring of
relationships between and among the various sectors
identified for inclusion in the information system.
Section 9. Section 2314 of Title 53 is amended to read:
§ 2314. Review of agreement by [Local Government Commission]
Pennsylvania Office for Research and Public Policy.
Every agreement between a local government and the
Commonwealth, any other state, government of another state or
the Federal Government under the provisions of this subchapter
shall, prior to and as a condition precedent to enactment of an
ordinance, be submitted to the [Local Government Commission]
Pennsylvania Office for Research and Public Policy for review
and recommendation. The [commission] office shall within [60] 90
days of receipt of the agreement determine whether it is in
proper form and compatible with the laws of this Commonwealth.
Failure of the [commission] office to make recommendations
within [60] 90 days of receipt of the agreement shall constitute
a recommendation in favor of the agreement.
Section 10. Sections 6131(a)(12), 6134.1(a) and (b) and
6137(a)(1), (b), (h)(2) and (i) of Title 61 are amended to read:
§ 6131. General powers of board.
(a) General rule.--The board shall have the power and its
duty shall be:
* * *
(12) To provide information as required under [42
Pa.C.S. § 2153(a)(14) (relating to powers and duties)] 46
20110SB1080PN1995 - 60 -
Pa.C.S. § 5904(a)(14) (relating to powers and duties) as
requested by the commission.
* * *
§ 6134.1. General criteria for parole by court.
(a) Guidelines.--The court may parole or reparole subject to
consideration of guidelines established under [42 Pa.C.S. §
2154.5] 46 Pa.C.S. § 5910 (relating to adoption of guidelines
for parole).
(b) Report of decision to commission.--If a court paroles or
reparoles a person, the court shall report the parole or
reparole decision and shall provide a contemporaneous written
statement for any deviation from the guidelines established
under [42 Pa.C.S. § 2154.5] 46 Pa.C.S. § 5910, to the commission
under [42 Pa.C.S. § 2153(a)(14)] 46 Pa.C.S. § 5904(a)(14)
(relating to powers and duties).
* * *
§ 6137. Parole power.
(a) General criteria for parole.--
(1) The board may parole subject to consideration of
guidelines established under [42 Pa.C.S. § 2154.5] 46 Pa.C.S.
§ 5910 (relating to adoption of guidelines for parole) and
may release on parole any inmate to whom the power to parole
is granted to the board by this chapter, except an inmate
condemned to death or serving life imprisonment, whenever in
its opinion:
(i) The best interests of the inmate justify or
require that the inmate be paroled.
(ii) It does not appear that the interests of the
Commonwealth will be injured by the inmate's parole.
* * *
20110SB1080PN1995 - 61 -
(b) Cases involving deviations from guidelines.--In each
case in which the board deviates from the guidelines established
under [42 Pa.C.S. § 2154.5] 46 Pa.C.S. § 5910, the board shall
provide a contemporaneous written statement of the reason for
the deviation from the guidelines to the commission as
established under [42 Pa.C.S. § 2153(a)(14)] 46 Pa.C.S. §
5904(a)(14) (relating to powers and duties). The board may
develop and use internal decisional instruments. This subsection
shall not be construed to prevent the board from also developing
forms or other documents, policies and procedures consistent
with this chapter, including internal decisional instruments.
* * *
(h) Power to recommit.--
* * *
(2) In exercising these powers, the board shall consider
any applicable recommitment ranges established by the
commission under [42 Pa.C.S. § 2154.6] 46 Pa.C.S. § 5911
(relating to adoption of recommitment ranges following
revocation of parole by board).
(i) Cases involving deviations from guidelines.--In each
case in which the board deviates from the recommitment ranges
established under [42 Pa.C.S. § 2154.6] 46 Pa.C.S. § 5911, the
board shall provide a contemporaneous written statement of the
reason for the deviation from the recommitment ranges to the
commission, as established under [42 Pa.C.S. § 2153(a)(14)] 46
Pa.C.S. § 5904(a)(14).
* * *
Section 11. Sections 3732(b)(3) and 3732.1(b)(4) of Title
75, amended or added October 19, 2010 (P.L.557, No.81), are
amended to read:
20110SB1080PN1995 - 62 -
§ 3732. Homicide by vehicle.
* * *
(b) Sentencing.--
* * *
(3) The Pennsylvania Commission on Sentencing, pursuant
to [42 Pa.C.S. § 2154] 46 Pa.C.S. § 5905 (relating to
adoption of guidelines for sentencing), shall provide for a
sentencing enhancement for an offense under this section when
the violation occurred in an active work zone or was the
result of a violation of section 3325 or 3327.
§ 3732.1. Aggravated assault by vehicle.
* * *
(b) Sentencing.--
* * *
(4) The Pennsylvania Commission on Sentencing, under [42
Pa.C.S. § 2154] 46 Pa.C.S. § 5905 (relating to adoption of
guidelines for sentencing), shall provide for a sentencing
enhancement for an offense under this section when the
violation occurred in an active work zone or was the result
of a violation of section 3325 or 3327.
Section 12. On or after the effective date of this section,
a reference in any act, resolution or regulation to the Local
Government Commission, the Joint State Government Commission,
the Legislative Budget and Finance Committee, the Joint
Legislative Air and Water Pollution Control and Conservation
Committee, the Legislative Office of Research Liaison, or the
Center for Rural Pennsylvania shall be construed to mean the
Pennsylvania Office for Research and Public Policy.
Section 13. Repeals are as follows:
(1) The General Assembly declares that the repeals under
20110SB1080PN1995 - 63 -
paragraph (2) are necessary to effectuate this act.
(2) The following acts and parts of acts are repealed as
follows:
Act of May 7, 1923 (P.L.158, No.119), entitled "An act
creating a Legislative Reference Bureau; providing for the
election of a director by the General Assembly; designating
the officers and employes of such bureau, defining their
duties; fixing their salaries; abolishing the present
Legislative Reference Bureau; and making an appropriation."
Section 1763-B of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code.
Act of May 29, 1935 (P.L.244, No.102), entitled "An act
creating a Local Government Commission to study and report on
functions of local government; their allocation and
elimination; the cost of local government and means of
reducing it; and the consolidation of local government; and
making an appropriation."
Act of July 1, 1937 (P.L.2460, No.459), entitled, as
amended, "An act creating a joint legislative commission, to
be known as the Joint State Government Commission; providing
for its membership, chairman and executive committee;
defining its powers and duties; and defining the powers and
duties of standing committees of the General Assembly."
Act of June 26, 1939 (P.L.1105, No.388), entitled "An act
authorizing and directing the Legislative Reference Bureau to
compile, edit and publish, a compilation of laws relating to
soldiers, sailors and marines, their dependents, and war
veteran organizations; and making an appropriation."
Act of August 4, 1959 (P.L.587, No.195), entitled, as
amended, "An act creating and establishing the Legislative
20110SB1080PN1995 - 64 -
Budget and Finance Committee; providing for its membership;
prescribing its powers, functions and duties; providing for
the appointment of an executive director and other personnel,
and making an appropriation."
Section 49.1 of the act of January 10, 1968 (1967,
P.L.925, No.417), referred to as the Legislative Officers and
Employes Law.
Act of January 19, 1968 (1967 P.L.1022, No.448), entitled
"An act creating a Joint Legislative Air and Water Pollution
Control and Conservation Committee, providing for the terms
and appointment of members and for organization of the
committee and employment of personnel, providing for study of
air and water pollution laws and their enforcement, providing
for information and assistance from other agencies of
government, and making an appropriation."
Act of December 10, 1968 (P.L.1158, No.365), entitled "An
act creating and establishing the Legislative Data Processing
Committee: providing for its membership; prescribing its
powers, functions and duties; and making an appropriation."
Act of December 20, 1982 (P.L. 1442, No.327), entitled
"An act providing for the historic preservation of the State
Capitol Building, establishing a Capitol Preservation
Committee and establishing the Capitol Restoration Trust
Fund."
Sections 301, 302, 303, 304, 305 and 306 of the act of
June 30, 1987 (P.L.163, No.16), known as the Rural
Pennsylvania Revitalization Act.
Section 14. The following apply:
(1) The addition of 46 Pa.C.S. Ch. 53 is a continuation
of the act of May 7, 1923 (P.L.158, No.119).
20110SB1080PN1995 - 65 -
(2) The addition of 46 Pa.C.S. Ch. 55 is a continuation
of the act of December 10, 1968 (P.L.1158, No.365).
(3) The addition of 46 Pa.C.S. Ch. 57 is a continuation
of the act of December 20, 1982 (P.L. 1442, No.327).
(4) The addition of 46 Pa.C.S. Ch. 59 is a continuation
of 42 Pa.C.S. §§ 2151.1, 2151.2, 2152, 2153, 2154, 2154.1,
2154.2, 2154.3, 2154.4, 2154.5, 2154.6, 2154.7 and 2155.
(5) The addition of 46 Pa.C.S. Ch. 61 is intended to
preserve the nature and extent of the legislative services
provided by the Local Government Commission, the Joint State
Government Commission, the Legislative Budget and Finance
Committee, the Joint Legislative Air and Water Pollution
Control and Conservation Committee, the Legislative Office of
Research Liaison and the Center for Rural Pennsylvania.
Section 15. This act shall be implemented as follows:
(1) Implementation of the provisions of this act shall
begin immediately and shall be fully completed on or before
July 1, 2012.
(2) The President pro tempore of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives shall each designate any member of the Senate
or House of Representatives, respectively, to serve on a
transition committee. The transition committee shall
implement the provisions of this act relating to the
consolidation of the Local Government Commission, the Joint
State Government Commission, the Legislative Budget and
Finance Committee, the Joint Legislative Air and Water
Pollution Control and Conservation Committee, the Legislative
Office of Research Liaison and the Center for Rural
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Pennsylvania into the Pennsylvania Office for Research and
Public Policy.
(3) The transition committee shall select an individual
to serve as interim executive director of the Pennsylvania
Office for Research and Public Policy during the transitional
period and until the election required by 46 Pa.C.S. § 6103
takes place. Notwithstanding the provisions of 46 Pa.C.S. §
6103, the initial election of an executive director shall
take place on or before July 1, 2012.
Section 16. The following transitional provisions apply:
(1) All personnel, allocations, appropriations,
equipment, files, records, contracts, agreements, obligations
and other materials which are used, employed or expended by
the Local Government Commission, the Joint State Government
Commission, the Legislative Budget and Finance Committee, the
Joint Legislative Air and Water Pollution Control and
Conservation Committee, the Legislative Office of Research
Liaison and the Center for Rural Pennsylvania are transferred
to the Pennsylvania Office for Research and Public Policy in
the first instance and as if these contracts, agreements and
obligations had been incurred or entered into by the
Pennsylvania Office for Research and Public Policy.
(2) Except as otherwise provided in paragraph (3), any
project, study or investigation pursuant to a statute enacted
within six years preceding the effective date of this
section, a resolution adopted by the General Assembly or a
resolution adopted by the Senate or the House of
Representatives regarding the Local Government Commission,
the Joint State Government Commission, the Legislative Budget
and Finance Committee, the Joint Legislative Air and Water
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Pollution Control and Conservation Committee, the Legislative
Office of Research Liaison and the Center for Rural
Pennsylvania is transferred to the Pennsylvania Office of
Research and Public Policy.
(3) Any project, study or investigation regarding the
Joint State Government Commission pursuant to the act of
March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, or section 20 of the act of June 28, 1947
(P.L.1110, No.476), known as the Motor Vehicle Sales Finance
Act, is transferred to the Pennsylvania Office of Research
and Public Policy.
Section 17. The personnel, appropriations, equipment and
other items and materials transferred by this act shall include
an appropriate portion of the general administrative, overhead
and supporting personnel, appropriations, equipment and other
material of the Local Government Commission, the Joint State
Government Commission, the Legislative Budget and Finance
Committee, the Joint Legislative Air and Water Pollution Control
and Conservation Committee, the Legislative Office of Research
Liaison and the Center for Rural Pennsylvania and shall also
include, where applicable, Federal grants and funds and other
benefits from any Federal program.
Section 18. This act shall take effect July 1, 2011, or
immediately, whichever is later.
CHAPTER 1 <--
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Government
Support Agency Law.
Section 102. Purposes.
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In enacting this act it is the purpose of the General
Assembly to:
(1) Consolidate in one act the enabling laws for
existing government support agencies, including, but not
limited to, the Legislative Reference Bureau, the Legislative
Data Processing Committee and the Capitol Preservation
Committee.
(2) Consolidate in a new Pennsylvania Office for
Research and Public Policy the powers and duties of the Joint
State Government Commission, the Legislative Budget and
Finance Committee, the Joint Legislative Air and Water
Pollution Control and Conservation Committee and the Center
for Rural Pennsylvania.
(3) By consolidating the five agencies listed in
paragraph (2) into one new agency, achieve efficiencies and
cost savings while bringing the expertise of the staffs of
these agencies together to interact and share their ideas and
their workload in order to better serve the General Assembly.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Government support agency." Any of the following:
(1) The Legislative Reference Bureau established under
Chapter 3.
(2) The Legislative Data Processing Committee
established under Chapter 5.
(3) The Capitol Preservation Committee established under
Chapter 7.
(4) The Pennsylvania Commission on Sentencing
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established under 42 Pa.C.S. Ch. 21, Subch. F (relating to
Pennsylvania Commission on Sentencing).
(5) The Local Government Commission.
(6) The Pennsylvania Office for Research and Public
Policy established under Chapter 11.
Section 104. Cooperation among agencies.
(a) General rule.--The executive directors of the government
support agencies shall meet to discuss how their respective
agencies may support each other in order to better serve the
General Assembly. The executive director of the Pennsylvania
Office of Research and Public Policy shall schedule the meetings
with the goal of meeting at least quarterly.
(b) Development of procedures.--The executive directors of
the government support agencies may develop procedures for
sharing employees on certain projects.
CHAPTER 3
LEGISLATIVE REFERENCE BUREAU
Section 301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bureau." The Legislative Reference Bureau established by
this chapter.
"Director." The Director of the Legislative Reference
Bureau.
Section 302. Legislative Reference Bureau.
(a) Establishment.--The Legislative Reference Bureau is
established for the use and information of the Governor, the
members of the General Assembly, the heads of the departments of
State government and the citizens of this Commonwealth who wish
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to consult the bureau.
(b) Location.--The bureau shall be located in the Main
Capitol Building.
Section 303. Director.
The Director of the Legislative Reference Bureau shall be in
charge of the bureau and shall be elected biennially before the
first day of February, each odd-numbered year, by the Senate and
House of Representatives in joint session.
Section 304. Qualifications and duties of director.
(a) General rule.--The director shall be:
(1) Qualified by experience, knowledge and ability to
conduct the work of the bureau.
(2) Knowledgeable in legislative procedure and
parliamentary practice and shall in such matters, when called
upon to do so, serve as an ex officio advisor to the General
Assembly.
(b) Bond.--The person elected as director shall give bond in
the sum of $10,000 for the faithful performance of the person's
duties and shall devote the person's whole time and attention to
the duties of the office for which the person is elected.
(c) Access to legislative documents.--The director shall
have access to the law library and its publications of the
Federal Government and the various state governments, which may
be generally classed as legislative documents.
(d) Salary.--The annual salary of the director shall be
determined jointly by the President pro tempore of the Senate,
the Minority Leader of the Senate, the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives.
Section 305. Assistant director.
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(a) Appointment by director.--The director shall appoint an
assistant director who must be learned in the law and a skilled
bill drafter.
(b) Salary and duties.--
(1) The assistant director shall receive a salary as
fixed by the director.
(2) The assistant director shall perform the duties of
the director in the case of a vacancy in that office or in
case of the absence or inability of the director to act.
(3) The assistant director shall perform such other
duties as may be assigned by the director.
Section 306. Staff.
(a) Appointment by director.--The director shall appoint a
trained librarian and such attorneys-at-law, clerks,
secretaries, stenographers, typists, messengers and other
employees, as the director deems necessary, and for such periods
and on such terms as the director deems advantageous to conduct
the work of the bureau at all times.
(b) Compensation.--The director shall fix the number and
compensation of all employees of the bureau within the limits of
appropriations made in advance by the General Assembly.
Section 307. Hours of operation.
The bureau shall be kept open on business days from 8:45 a.m.
to 4:45 p.m. during the year and, when the General Assembly is
in session, at such hours as are most convenient to the members
of the General Assembly.
Section 308. Legislative and public documents.
(a) Duty to maintain.--The director shall prepare, and have
available for use:
(1) Indices of Pennsylvania laws, digests of such public
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laws of this Commonwealth and other states as may be of use
for legislative information.
(2) Records and files of all bills and resolutions
presented in either branch of the General Assembly and loose
leaf files of acts of Assembly.
(3) Catalog files of such reports of departments, boards
and commissions and other public documents of this
Commonwealth.
(4) General books and pamphlets as pertain to the work
and service of the bureau, files of newspaper and periodical
clippings and other printed matter as may be proper for the
purposes of the bureau.
(b) Procurement of information.--The director shall, when
requested by the Governor, the members of the General Assembly
or the heads of departments, promptly procure available
information not on file in the bureau relating to legislation of
other states and shall investigate the manner in which laws have
operated.
(c) Exchange of information with other states.--The director
shall establish a system of exchanges with such other states as
is expedient and practicable.
(d) Preparation and publication of information.--The
director shall from time to time prepare and publish such
bulletins, pamphlets and circulars containing information
collected by the bureau and such compilations of this or other
states as the director determines to be of service to the
Governor, the members of the General Assembly, the several
departments of State government and the citizens of this
Commonwealth.
(e) Preparation of codes.--
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(1) From time to time the director shall prepare, for
adoption or rejection by the General Assembly, codes, by
topics, of the existing general statutes, arranged by
chapters or articles and sections under suitable headings and
shall add to the codes lists of statutes of the existing law
to be repealed.
(2) The director shall assist in or supervise, when
called upon by any proper authority or when directed to do so
by the General Assembly, the compilation and preparation of
any general revision and codification of the existing laws of
this Commonwealth.
Section 309. Duties of bureau.
(a) Prohibited activity.--The director, assistant director
and employees of the bureau may neither oppose nor urge
legislation for the Commonwealth.
(b) Advice and assistance.--The director, assistant director
and employees of the bureau shall, upon request, assist the
Governor, the members of the General Assembly and the heads of
departments by:
(1) Providing advice relating to bills and resolutions
of the General Assembly.
(2) Drafting bills and resolutions into proper form.
(3) Furnishing to them the fullest information upon all
matters within the scope of the bureau relating to their
public duties.
(c) Confidentiality.--The director, assistant director and
employees of the bureau may not reveal to any person outside the
bureau the contents or nature of any matter not yet published,
without the consent of the person who brought the matter to the
bureau.
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Section 310. Availability for consultation.
(a) Duties.--The bureau shall be available for consultation
freely by citizens of this Commonwealth relating to such general
information as it may be able to furnish and as to the statutory
law of this Commonwealth or any other state on particular
subjects and shall furnish to citizens, upon request, copies of
such laws as are available for distribution.
(b) Prohibition.--Notwithstanding the provisions of
subsection (a), in no case and under no circumstances shall the
director, assistant director or any employee of the bureau in
that person's official capacity furnish any opinion on any legal
matter to any private citizen.
Section 311. Contracts for printing statutes.
(a) Power to enter into contracts.--
(1) Notwithstanding any other provision of law to the
contrary, including 62 Pa.C.S. (relating to procurement), the
Pennsylvania Consolidated Statutes, advance copies of
statutes, volumes of the Laws of Pennsylvania and other
publications shall be printed under contracts entered into by
the bureau and distributed as determined by the bureau.
(2) Money from sales shall be paid to the bureau or the
Department of General Services, as the bureau shall
determine, and that money shall be paid into the State
Treasury to the credit of the General Fund.
(3) Money from sales is appropriated from the General
Fund to the bureau for the editing, printing and distribution
of the Pennsylvania Consolidated Statutes, advance copies of
statutes, volumes of the Laws of Pennsylvania and other
publications and for related expenses.
(b) Contingent expenses to be paid.--Contingent expenses
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connected with the work of the bureau shall be paid on warrants
of the State Treasurer in favor of the director on the
presentation of the director's requisitions.
(c) Accounting of contingent expenses.--The director shall
file an accounting of the contingent expenses, together with
supporting documents whenever possible, in the office of the
bureau.
CHAPTER 5
LEGISLATIVE DATA PROCESSING COMMITTEE
Section 501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Legislative Data Processing Committee
established by this chapter.
"Executive director." The executive director of the
Legislative Data Processing Committee.
Section 502. Legislative Data Processing Committee.
(a) Establishment.--
(1) The Legislative Data Processing Committee is
established and shall consist of:
(i) Two senators appointed by the President pro
tempore of the Senate.
(ii) Two senators appointed by the Minority Leader
of the Senate.
(iii) Two representatives appointed by the Speaker
of the House of Representatives.
(iv) Two representatives appointed by the Minority
Leader of the House of Representatives.
(v) The Secretary of the Senate and the
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Parliamentarian of the House of Representatives, who
shall serve as nonvoting members of the committee.
(2) Members of the committee shall serve during each
regular session of the General Assembly and shall continue as
members until the first Tuesday in January of the next odd-
numbered year and until their respective successors shall
qualify, provided they continue to be members of the Senate
or of the House of Representatives.
(3) The committee has a continuing existence and may
meet and conduct its business at any place within this
Commonwealth during the sessions of the General Assembly or
any recess thereof and in the interim between sessions.
(b) Quorum and voting.--Six members of the committee shall
constitute a quorum and an affirmative vote of five members of
the committee shall be necessary to pass on any matter requiring
committee action.
(c) Attendance.--Nothing in this chapter or in any rules and
regulations promulgated by the committee shall prohibit a member
of the committee from participating in a meeting, executive
session, deliberations or any other activity through telephone
or other electronic medium.
(d) Proxies.--The committee shall adopt rules allowing for
and governing the use of proxies by members of the committee,
except that proxies may not be used to establish a quorum.
Section 503. Powers and duties.
The committee shall have the following powers and duties:
(1) To establish and operate a legislative data
processing center incorporating a system or systems that are
capable of storing and retrieving all of the financial,
factual, procedural and legal information necessary to serve
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all of the committees, officers and agencies of the General
Assembly.
(2) With the approval of the Committee on Management
Operations of the Senate and the Bi-partisan Management
Committee of the House of Representatives, to provide access
to public legislative information within the computer
information systems operated by the committee to persons
outside the General Assembly as the committee deems
appropriate. The access shall be provided in the manner
approved by the committee, the Committee on Management
Operations of the Senate and the Bi-partisan Management
Committee of the House of Representatives. No information
residing in the computer information systems operated by the
committee shall be released or disseminated by the committee
or its employees to persons outside the General Assembly
without the approval of:
(i) The Committee on Management Operations of the
Senate if the document or information was originated,
prepared, generated or maintained in whole or in part by
the Senate.
(ii) The Bi-partisan Management Committee of the
House of Representatives if the document or information
was originated, prepared, generated or maintained in
whole or in part by the House of Representatives.
(3) Notwithstanding paragraph (2), to provide access to
information relating to bills, legislative histories and
session calendars to the Governor's Office, the Office of
Attorney General, the Auditor General, the State Treasurer,
the heads of other departments and such other offices within
State government as the committee, with the approval of the
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Committee on Management Operations of the Senate and the Bi-
partisan Management Committee of the House of
Representatives, shall determine.
(4) To appoint and employ an executive director, who
shall be the chief executive officer of the committee, and
such other personnel as the committee may deem necessary in
the performance of its duties and to fix the compensation of
the executive director and other personnel.
(5) To enter into contracts for the services of such
professional, expert or technical services as the committee
may deem necessary in the performance of its duties.
(6) To purchase or rent such equipment and supplies as
the committee may deem necessary in the performance of its
duties.
(7) To select its own chairman, vice chairman and such
other officers as the committee may deem necessary in the
performance of its duties.
(8) To make such rules and regulations as the committee
may deem necessary to properly carry out the most efficient
use of a legislative data processing system.
Section 504. Duties and qualifications of executive director.
The executive director shall perform such duties as shall be
assigned to that office by the committee and must have the
following qualifications to be eligible for appointment:
(1) a master's degree in mathematics, physics, computer
technology or some related field of study from an accredited
institution of higher learning;
(2) a bachelor's degree from an accredited institution
of higher learning and at least three years of practical
experience in computer technology;
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(3) at least five years of practical experience in
computer technology of which at least two years must have
included administrative and technical responsibility for
developing and implementing a computer-oriented data
processing system; or
(4) at least three years of practical experience in
developing computer data processing systems and any partial
combination of the experience qualifications specified in
paragraphs (1), (2) and (3) which in the committee's judgment
will result in the selection of an executive director capable
of performing the duties prescribed in this chapter.
Section 505. Prohibitions.
(a) General rule.--No person designated by the committee as
a professional employee, including the executive director,
shall:
(1) Be a member of or delegate or alternate to a
political convention, nor participate at any such convention,
except in the performance of the person's official duty or as
a visitor.
(2) Serve as a member of any committee of any political
party, take an active part in political management or in
political campaigns, use the person's office or position to
influence political movements or to influence the political
action of an officer or employee in the classified service.
(3) Circulate or seek signatures to a nomination or
other petition required by any primary or election law.
(4) Seek or accept election, nomination or appointment
as an officer of a political club or organization or serve as
a member of a committee of any such club or organization.
(5) In any manner participate in or interfere with the
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conduct of any election or the preparation therefor at the
polling place or with the election officers while counting
the votes or returning the election material to the place
provided by law for that purpose. This paragraph shall not
apply to making and depositing the person's own ballot as
speedily as it reasonably can be done.
(6) Be within the polling place or within 50 feet of a
polling place, except for the purpose of carrying out the
person's official duties and of ordinary travel or residence
during the period of time beginning with one hour preceding
the opening of the polls for holding such election and ending
with the time when the election officers shall have finished
counting the votes and have left the polling place for the
purpose of depositing the election material in the place
provided by law for that purpose.
(b) Preservation of rights.--The rights of an individual as
a citizen are not impaired by this section, and the prerogative
to attend meetings, to hear or see any candidate or nominee or
to express one's individual opinion shall remain inviolate.
Section 506. Reimbursement of expenses.
The members of the committee shall serve without
compensation, but shall be reimbursed for their expenses
incurred:
(1) While attending sessions of the committee or
meetings of any subcommittee of the committee.
(2) While engaged in other committee business authorized
by the committee.
(3) In going to and coming from meetings of the
committee or its subcommittees.
(4) For travel and other committee business when
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authorized by the committee.
CHAPTER 7
CAPITOL PRESERVATION COMMITTEE
Section 701. Legislative findings and declaration of policy.
The General Assembly finds and declares as follows:
(1) This Commonwealth has a rich heritage of historical
buildings, structures, documents, artifacts and other objects
and resources which bear witness to its growth as one of the
great states of this nation.
(2) Efforts have been made toward the restoration and
preservation of buildings, structures, documents, artifacts
and objects evidencing the history of this eminent
Commonwealth and of the General Assembly and these efforts
should be continued and intensified.
(3) Particular attention should be given to the
preservation of the architectural and historical integrity of
the State Capitol Building and to the restoration and
preservation of artifacts, documents and other historical
objects and resources located within that building.
(4) The most effective way to promote and foster the
historic preservation of the State Capitol Building is by the
establishment of a committee to supervise and coordinate this
work.
Section 702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Capitol Preservation Committee established
by this chapter.
"Fund." The Capitol Restoration Trust Fund established by
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this chapter.
Section 703. Capitol Preservation Committee.
(a) Establishment.--The Capitol Preservation Committee is
established and shall supervise and coordinate the historic
preservation of the State Capitol Building and the preservation
and restoration of historical documents, artifacts and other
objects and resources located in or associated with the State
Capitol Building.
(b) Membership.--The committee shall be composed of the
following:
(1) Four members of the Senate to be appointed by the
President pro tempore of the Senate, two from the majority
party and two from the minority party.
(2) Four members of the House of Representatives to be
appointed by the Speaker of the House of Representatives, two
from the majority party and two from the minority party.
(3) One member, appointed by the Chief Justice of
Pennsylvania, who is not a member of the judiciary.
(4) The Secretary of General Services or the secretary's
designee.
(5) The Executive Director of the Pennsylvania
Historical and Museum Commission or the executive director's
designee.
(6) Three members appointed by the Governor, which
members shall include individuals with experience in
restoration of monumental buildings or a background in
historical restoration or fine arts conservation.
(b.1) Restriction.--No member appointed under subsection (b)
(3) or (6) shall be a member of the executive, legislative or
judicial branch of State government at the time of the person's
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appointment.
(c) Terms.--
(1) Members appointed under subsection (b)(1) and (2)
shall be appointed at the commencement of a regular session
of the General Assembly in each odd-numbered year. These
appointments shall take effect 31 days following the
convening of the session, and the terms of these members
shall run until 30 days after the convening of the next
regular session of the General Assembly.
(2) The terms of members enumerated in subsection (b)(4)
and (5) shall be coincident with their respective offices.
(3) The terms of members appointed under subsection (b)
(3) and (6) shall be coincident with that of the appointing
Governor, President pro tempore of the Senate, Speaker of the
House of Representatives and Chief Justice of Pennsylvania.
(d) Vacancies.--Vacancies in the membership of the committee
shall be filled for the balance of the unexpired term in the
same manner as the original appointment.
(e) Organization and procedure.--
(1) The committee shall elect by a majority of all its
members a chairman and vice chairman from among its members,
each to serve for a term of two years, and the committee
shall meet not less than twice each year.
(2) A majority of all the members of the committee shall
constitute a quorum for the transaction of business.
(3) The committee may adopt rules for its government,
organization and procedures not inconsistent with the
provisions of this chapter.
(f) Expenses.--Members of the committee shall receive no
compensation for their services but shall be reimbursed for all
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necessary travel and other reasonable expenses incurred in
connection with the performance of their duties as members.
Section 704. Powers and duties.
In addition to other powers and duties conferred by this
chapter, the committee shall have the following powers and
duties:
(1) To develop a comprehensive plan and program for the
historic preservation and restoration of the State Capitol
Building.
(2) To monitor the making of all major repairs,
alterations and improvements in and about the State Capitol
Building, including the furnishing and refurnishing of the
building, where such repairs, alterations or improvements may
alter or otherwise affect the architectural and historical
integrity of the building.
(3) To monitor the maintenance, restoration,
preservation and rehabilitation of historical documents,
artifacts and other historical objects or resources located
within and around, or associated with, the State Capitol
Building.
(4) To acquire on behalf of the Commonwealth artifacts,
documents and other historical objects or resources which
contribute to the historical significance of the State
Capitol Building.
(5) To receive for and on behalf of the Commonwealth
gifts or bequests of artifacts, documents and other
historical objects or resources which contribute to the
historical significance of the State Capitol Building.
(6) To assist in the preservation of other buildings and
structures located within the Capitol Complex.
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(7) To accept grants and subsidies from and enter into
agreements or other transactions with any Federal agency or
agency of the Commonwealth or other entity.
(8) To enter into contracts and to execute all
instruments necessary or convenient for carrying on its
operations.
(9) To issue appropriate regulations for the
implementation of this chapter.
(10) To do all other things necessary or convenient to
carry out the powers and duties conferred by this chapter.
Section 705. Capitol Restoration Trust Fund.
(a) Establishment.--The Capitol Restoration Trust Fund is
established in the State Treasury. The fund shall be
administered by the committee and all moneys in the fund are
appropriated to the committee on a continuing basis.
(b) Purpose.--The moneys in the fund shall be used for:
(1) The maintenance, restoration, preservation and
rehabilitation of artifacts, documents and other historical
objects or resources located within and around or associated
with the State Capitol Building or acquired by the committee.
(2) The acquisition of artifacts, documents and other
historical objects or resources, including, but not limited
to, statuary, art or any element which contributes to the
historical significance of the State Capitol Building.
(c) Contributions, solicitation of funds.--
(1) The committee may:
(i) Accept on behalf of the Commonwealth gifts,
donations, legacies and usages of money from individuals,
organizations, public or private corporations and other
similar entities.
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(ii) Solicit and raise moneys from public and
private sources through the sale of commemorative medals
and other items of a similar nature which promote the
historic preservation and restoration of the State
Capitol Building.
(2) Except for appropriations made by the General
Assembly, all moneys received or raised under this section
shall be paid into the State Treasury and credited to the
fund.
(d) Operating expenses.--Appropriations made by the General
Assembly to the committee shall be used for:
(1) Payment of necessary travel and other reasonable
expenses of committee members.
(2) The compensation and expenses of staff for the
committee.
(3) Administrative expenses.
(4) Administering the provisions of the chapter.
Chapter 9
Local Government COMMISSION
Section 901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Local Government Commission.
"Local government." Any counties, cities, boroughs, towns,
townships, school districts and poor districts, except counties
of the first and second class, and cities of the first, second
and second class A.
Section 902. Commission.
(a) Creation.--A commission is hereby created which shall
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consist of ten members to serve without compensation, five of
whom shall be appointed by the President pro tempore of the
Senate, three from among the majority party and two from among
the minority party of the Senate, and five shall be appointed by
the Speaker of the House of Representatives, three from among
the majority party and two from among the minority party of the
House of Representatives. The commission shall be known as the
"Local Government Commission."
(b) Term.--The term of each member of the commission shall
run from the date of his respective appointment until 30 days
after the convening of the next regular session of the General
Assembly in odd-numbered years and until his successor is
appointed and qualified.
(c) Appointments.--The President pro tempore of the Senate
and the Speaker of the House of Representatives shall make the
appointments authorized by this section. Such appointments shall
take effect 31 days after the convening of each regular session
of the General Assembly in odd-numbered years.
(d) Vacancy.--Any vacancy happening in the membership of the
commission shall be filled by the appointing power making the
original appointment for the unexpired term.
(e) Meetings.--The commission shall organize as soon as may
be after the appointment of members 31 days after the convening
of each regular session of the General Assembly in odd-numbered
years, at the call of the President pro tempore of the Senate,
by electing a chairman, vice chairman and a secretary. The
secretary need not be a member of the commission.
Section 903. Duties.
(a) Studies and investigations.--It shall be the duty of the
commission to study and investigate the following:
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(1) The functions of local government, their proper
allocation and the possibility of eliminating unnecessary
functions, and the duplication and overlapping of functions.
(2) The cost of local government, including State
mandates, and ways and means of reducing this cost and
lessening the burden on local taxpayers. The commission shall
identify, catalog and maintain a database of State mandates
on local government.
(3) The advisability and feasibility of increasing the
areas or changing the boundaries of local governments; of
establishing larger units for administration by consolidation
of units by cooperative arrangements between them for the
performance of certain functions or by other means; and
generally ways and means of organizing a simple system of
local government and to exercise such other functions as may
be deemed necessary to carry into effect the spirit and
intent of this act.
(4) The modernization of municipal codes and other laws
related to local government. For purposes of this duty, the
commission shall consult with municipal associations and may
consult with others, including public officials,
practitioners, academics and Federal and State agencies.
(b) Research assistance.--The commission shall provide
research assistance to members of the General Assembly,
legislative staff and constituents on matters related to local
government.
(c) Intergovernmental cooperation agreements.--The
commission shall review intergovernmental agreements in
accordance with 53 Pa.C.S. § 2314 (relating to review of
agreement by Local Government Commission).
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(d) Other functions.--The commission shall exercise other
functions as may be deemed necessary to provide information to
and assist local governments and municipal associations.
Section 904. Code compilation.
(a) Duty.--It shall be the duty of the commission to arrange
for the compilation and distribution of the act of August 9,
1955 (P.L.323, No.130), known as The County Code, the act of
June 23, 1931 (P.L.932, No.317), known as The Third Class City
Code, the act of February 1, 1966 (1965 P.L.1656, No.581), known
as The Borough Code, the act of June 24, 1931 (P.L.1206,
No.331), known as The First Class Township Code, the act of May
1, 1933 (P.L.103, No.69), known as The Second Class Township
Code and all temporary or permanent supplements or amendments to
the aforementioned codes.
(b) Policy.--The commission shall adopt a statement of
policy relating to the distribution of the aforementioned codes
without reference to the restrictions placed upon or fixed for
the distribution of other publications of this Commonwealth.
Initially, the commission shall distribute an updated copy of
the appropriate code to each elected official of the political
subdivision governed by the specific code and such appointed
officials of the political subdivisions as the commission in its
discretion deems necessary. Thereafter, the statement of policy
shall provide for free distribution upon request, of at least
one copy of every publication printed under authority of this
act to each:
(1) Political subdivision governed by such code.
(2) County for use of its law library.
(3) Member of the General Assembly.
(4) Law school library which under rules of court
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receives copies of printed briefs and records filed in the
Supreme Court of Pennsylvania.
(5) State Law Library of the Commonwealth of
Pennsylvania.
A statement of policy adopted pursuant to this subsection may
amend, repeal, suspend or replace inconsistent provisions of any
rule, regulation, policy, guideline or interpretation previously
promulgated by the commission concerning the distribution of the
aforementioned codes.
(c) Requests.--Upon request by a member of the General
Assembly, copies of those publications referred to in subsection
(a) will be distributed to the indicated parties either through
the member's office or through the commission as indicated by
the member.
(d) Electronic publication of municipal codes.--The
commission may publish, maintain and update electronic copies of
the codes set forth in subsection (a) in addition to, or in lieu
of, printed publication and distribution of the aforementioned
codes and any temporary or permanent supplements or amendments
thereto in accordance with this section. Municipal codes
electronically published shall be available on an Internet
website maintained by the commission in a secure format
accessible to the public and shall be updated within 60 days of
the enactment of any amendment.
Section 905. Powers.
(a) Recommendations.--The commission shall have power to
recommend tentative plans for the consolidation or
reorganization of any units of local government or changes in
the boundaries thereof. The commission, after holding public
hearings, shall prepare and recommend for adoption a plan or
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plans of local government consolidation or changes of political
boundaries, for any or all units of local government.
(b) Employment.--The commission shall have power to employ
and fix the compensation of such experts, stenographers and
assistants as may be deemed necessary to carry out the work of
the commission, but due diligence shall be exercised by the
commission to enlist such voluntary assistance as may be
available from citizens, research organizations and other
agencies in Pennsylvania or elsewhere, generally recognized as
qualified to aid the commission with information as to existing
conditions or advice as to possibilities in governmental
economies or reorganization. The Legislative Reference Bureau,
the Department of Community and Economic Development and other
agencies of the Commonwealth, as well as all local governments
within the Commonwealth, shall give the commission, on request,
such information and assistance as may be reasonably accessible.
Section 906. Reporting.
The commission shall report to the General Assembly no less
frequently than every five years. The report shall contain a
statement of the progress of its work over the reporting period,
projections of work to be completed during the ensuing reporting
period and such updates on legislation and constitutional
amendments, if any, as it deems necessary to carry into effect
the provisions and objectives of this chapter.
Section 907. Appropriations.
Any appropriation to the commission shall be used in
accordance with the purposes, if any, expressed in the
appropriation act and for the payment of the expenses of the
members of the commission; for the compensation and expenses of
the staff; for printing; for postage, supplies, telephone, rent,
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information technology and miscellaneous expenses; and generally
for the purposes of carrying into effect the provisions of this
chapter.
CHAPTER 11
PENNSYLVANIA OFFICE FOR RESEARCH AND PUBLIC POLICY
SUBCHAPTER A
GENERAL PROVISIONS
Section 1101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Executive committee." The executive committee of the
office.
"Executive director." The executive director of the office.
"Individual units." The term includes the following:
(1) The General Research Unit.
(2) The Program Evaluation Unit.
(3) The Air and Water Pollution Unit.
(4) The Rural Conditions Unit.
"Office." The Pennsylvania Office for Research and Public
Policy established by this chapter.
"Records." Books, papers, manuals, reports, verification
letters, work papers and other documentary materials, regardless
of physical form or characteristics, under the control of the
Pennsylvania Office for Research and Public Policy or its
authorized representative which are maintained pursuant to a
project conducted under this chapter and the specific and unique
information contained herein.
Section 1102. Pennsylvania Office for Research and Public
Policy.
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(a) Established.--The Pennsylvania Office for Research and
Public Policy is established and shall be the central bicameral,
bipartisan research and policy development office for the
General Assembly.
(b) Executive committee.--There shall be an executive
committee within the office. The executive committee shall be
comprised of the chairs of the committees overseeing the
individual units of the office. The chair of the executive
committee shall rotate from the individual units on an annual
basis in the following order: General Research Unit, Program
Evaluation Unit, Air and Water Pollution Unit and Rural
Conditions Unit.
(c) Appointments.--The executive committee shall appoint an
executive director for the office and assistant executive
directors for each of the individual units.
(d) Reporting.--The executive director shall report to the
executive committee. The assistant executive directors shall
report to the committee overseeing their respective individual
units, but work in close collaboration with the executive
director so that the overall efforts of the office are
coordinated.
(e) Staff.--
(1) The executive committee may hire other employees as
necessary to conduct the work of the office and the
individual units, including attorneys, economists, fiscal
analysts, public policy analysts and other professional,
technical and clerical staff.
(2) In the hiring of the other employees necessary to
conduct the work of the office and individual units, the
executive committee shall consult with the executive director
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and assistant executive directors of the individual units.
(f) Administration.--The executive committee shall oversee
the funding of the office and the individual units, the
development of policies for the office regarding salaries,
benefits, the reimbursement of expenses and other administrative
matters.
Section 1103. Collaboration.
(a) Individual units.--The office shall have individual
units assigned to areas of research, but the executive director
and assistant executive directors shall ensure that the
individual units collaborate on projects as needed.
(b) Employees.--
(1) Certain employees may be assigned to an individual
unit but they may also be directed to assist other individual
units. Other employees may be assigned to the office
generally and assist as needed with one or more projects
undertaken by individual units.
(2) Despite the individual units, it is the intent of
the General Assembly that the office conduct its business in
a coordinated and unified fashion under the direction of the
executive committee and executive director.
SUBCHAPTER B
GENERAL RESEARCH UNIT
Section 1111. General Research Committee.
(a) Establishment.--The General Research Committee is
established and shall oversee the General Research Unit of the
office. The committee shall be comprised of eight members: two
senators appointed by the President pro tempore of the Senate,
two senators appointed by the Minority Leader of the Senate, two
representatives appointed by the Speaker of the House of
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Representatives and two representatives appointed by the
Minority Leader of the House of Representatives.
(b) Term.--Members of the committee shall serve during each
regular session of the General Assembly and shall continue as
members until the first Tuesday in January of the next odd-
numbered year and until their respective successors shall
qualify, provided they continue to be members of the Senate or
of the House of Representatives.
(c) Chair.--Members of the committee may appoint their own
chairman and vice chairman.
(d) Quorum.--Five members of the committee shall constitute
a quorum, and an affirmative vote of five members of the
committee shall be necessary to pass on any matter requiring
committee action.
Section 1112. Powers and duties.
The General Research Committee shall have the following
powers and duties:
(1) (i) The committee shall conduct any investigation
or study and gather any information as may be deemed
useful to the General Assembly and to the standing
committees of the Senate and the House of
Representatives.
(ii) A long-term study or investigation or a
codification project which is likely to take more than 90
days to complete may only be initiated by a resolution of
the Senate or the House of Representatives or both, or by
statute.
(iii) The committee shall have the power to call
upon any department or agency of the State government for
information as it deems pertinent to any investigation or
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study.
(iv) The committee may designate persons, other than
members of the General Assembly, to act in advisory
capacities.
(v) The committee shall report to the General
Assembly or to the various standing committees of the
Senate and the House of Representatives findings and
recommendations accompanied with drafts of legislation as
it deems necessary for the information of and
consideration by the General Assembly.
(2) In making recommendations, the committee shall
consider the fiscal impact on the Commonwealth. To the extent
possible, the committee shall provide a cost-benefit analysis
of any recommendation.
(3) The committee may accept requests for research
assistance from individual members of the General Assembly
and their staff.
(4) (i) Records which are created or obtained during
study projects under this section shall be treated as
confidential. Requests made of the committee to inspect
identifiable records pertaining to a project under this
section shall be denied and the requesting party notified
that the records are considered to be confidential and
will not be made available for inspection.
(ii) The work papers underlying the committee's
studies pursuant to this section shall be privileged from
public disclosure, including through discovery in a
judicial or administrative proceeding, because they show
the deliberative process of the committee in carrying out
its role in the overall legislative method under
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Pennsylvania law in studying, evaluating and recommending
policy improvement to State government and law.
(5) The committee may issue subpoenas to compel the
attendance of witnesses and the production of any information
relevant to matters properly being inquired into by the
committee under this section, to administer oaths and to
cause the deposition of witnesses, either residing within or
without this Commonwealth, to be taken in the manner
prescribed by law for taking depositions in civil actions.
The committee may hold public hearings as it deems necessary.
(6) The committee shall develop relationships with
colleges and universities in this Commonwealth so that
faculty at those colleges and universities may provide in-
kind expertise to the General Assembly to respond to research
requests.
SUBCHAPTER C
PROGRAM EVALUATION UNIT
Section 1121. Program Evaluation Committee.
(a) Establishment.--The Program Evaluation Committee is
established and shall oversee the Program Evaluation Unit of the
office. The committee shall be comprised of eight members: two
senators appointed by the President pro tempore of the Senate,
two senators appointed by the Minority Leader of the Senate, two
representatives appointed by the Speaker of the House of
Representatives and two representatives appointed by the
Minority Leader of the House of Representatives.
(b) Term.--Members of the committee shall serve during each
regular session of the General Assembly and shall continue as
members until the first Tuesday in January of the next odd-
numbered year and until their respective successors shall
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qualify, provided they continue to be members of the Senate or
of the House of Representatives.
(c) Chair.--Members of the committee may appoint their own
chairman and vice chairman.
(d) Quorum.--Five members of the committee shall constitute
a quorum, and an affirmative vote of five members of the
committee shall be necessary to pass on any matter requiring
committee action.
Section 1122. Powers and duties.
The Program Evaluation Committee shall have the following
powers and duties:
(1) The committee shall make current examination of
Commonwealth programs, agencies and commissions to determine
whether or not the programs, agencies and commissions are
functioning efficiently and effectively and for the purposes
and within the statutory restrictions provided by the General
Assembly.
(2) Before any report is publicly released by the
committee under this section, the department, officer or
agency of the State government involved therein shall be
afforded an opportunity to comment and the comments shall be
attached to the committee's report.
(3) The committee shall have direct and unimpeded access
to all material it deems necessary, including, but not
limited to, personnel records, to fulfill its duties under
this section. The committee and its authorized
representatives shall follow oral and written procedures
developed in conjunction with subject agencies for the
inspection and copying of records maintained by agents of the
subject agency responsible for the custody of the records.
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The procedures may not act to impede the nature of material
to be accessed by the committee.
SUBCHAPTER D
AIR AND WATER POLLUTION UNIT
Section 1131. Air and Water Pollution Committee.
(a) Establishment.--The Air and Water Pollution Committee is
established and shall oversee the Air and Water Pollution Unit
of the office. The committee shall be comprised of eight
members: two senators appointed by the President pro tempore of
the Senate, two senators appointed by the Minority Leader of the
Senate, two representatives appointed by the Speaker of the
House of Representatives and two representatives appointed by
the Minority Leader of the House of Representatives.
(b) Term.--Members of the committee shall serve during each
regular session of the General Assembly and shall continue as
members until the first Tuesday in January of the next odd-
numbered year and until their respective successors shall
qualify, provided they continue to be members of the Senate or
of the House of representatives.
(c) Chair.--Members of the committee may appoint their own
chairman and vice chairman.
(d) Quorum.--Five members of the committee shall constitute
a quorum, and an affirmative vote of five members of the
committee shall be necessary to pass on any matter requiring
committee action.
Section 1132. Powers and duties.
The Air and Water Pollution Committee shall have the
following powers and duties:
(1) The committee shall conduct continuing studies of
air and water pollution laws, including the enforcement of
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those laws, and recommend needed changes to the General
Assembly.
(2) The committee shall conduct continuing studies of
mining practices, including deep mining, strip mining, open
pit mining and quarrying, the restoration of land that has
been mined and the laws relating to the restoration of land
where mining operations have occurred.
(3) The committee shall receive complaints and hold
hearings related to the subject matter in paragraphs (1) and
(2).
SUBCHAPTER E
RURAL CONDITIONS UNIT
Section 1141. Rural Conditions Committee.
(a) Establishment.--The Rural Conditions Committee is
established and shall oversee the Rural Conditions Unit of the
office. The committee shall be comprised of eight members: two
senators appointed by the President pro tempore of the Senate,
two senators appointed by the Minority Leader of the Senate, two
representatives appointed by the Speaker of the House of
Representatives and two representatives appointed by the
Minority Leader of the House of Representatives.
(b) Term.--Members of the committee shall serve during each
regular session of the General Assembly and shall continue as
members until the first Tuesday in January of the next odd-
numbered year and until their respective successors shall
qualify, provided they continue to be members of the Senate or
of the House of representatives.
(c) Chair.--Members of the committee may appoint their own
chairman and vice chairman.
(d) Quorum.--Five members of the committee shall constitute
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a quorum, and an affirmative vote of five members of the
committee shall be necessary to pass on any matter requiring
committee action.
Section 1142. Powers and duties.
The Rural Conditions Committee shall have the following
powers and duties:
(1) The committee shall administer grants to conduct
research on matters relating to rural conditions to
facilitate and coordinate basic and applied research and
service components related to issues regarding the welfare of
rural Pennsylvania.
(2) The committee may make grants available only to the
qualified faculty members of the various universities of the
State System of Higher Education, the current land grant
university and the regional campuses of the University of
Pittsburgh. No grant may exceed the sum of $60,000. The
subject areas of the grant program shall be: rural people and
communities, economic development, local government finance
and administration, community services, natural resources and
environment, educational outreach, rural values and social
change, agriculture and health and welfare concerns.
(3) The committee shall develop and maintain an
appropriate base of knowledge and information about rural
conditions and needs through a database. The database shall
include the following major areas of concern: agriculture,
economic development, local government capacity and fiscal
stress indicators, transportation, sociodemographics, health
care and human services, environment and natural resources,
education and condition of the extant local infrastructure of
Pennsylvania's rural communities. The data shall be arranged
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in such a manner so as to facilitate the monitoring of
relationships between and among the various sectors
identified for inclusion in the information system.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. References.
On or after the effective date of this section, a reference
in any act, resolution or regulation to the Joint State
Government Commission, the Legislative Budget and Finance
Committee, the Joint Legislative Air and Water Pollution Control
and Conservation Committee or the Center for Rural Pennsylvania
shall be construed to mean the Pennsylvania Office of Research
and Public Policy.
Section 2102. Repeals.
Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate this act.
(2) The following acts and parts of acts are repealed as
follows:
Act of May 7, 1923 (P.L.158, No.119), entitled "An act
creating a Legislative Reference Bureau; providing for the
election of a director by the General Assembly; designating
the officers and employes of such bureau, defining their
duties; fixing their salaries; abolishing the present
Legislative Reference Bureau; and making an appropriation."
Act of May 29, 1935 (P.L.244, No.102), entitled "An act
creating a Local Government Commission to study and report on
functions of local government; their allocation and
elimination; the cost of local government and means of
reducing it; and the consolidation of local government; and
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making an appropriation."
Act of July 1, 1937 (P.L.2460, No.459), entitled, as
amended, "An act creating a joint legislative commission, to
be known as the Joint State Government Commission; providing
for its membership, chairman and executive committee;
defining its powers and duties; and defining the powers and
duties of standing committees of the General Assembly."
Act of June 26, 1939 (P.L.1105, No.388), entitled "An act
authorizing and directing the Legislative Reference Bureau to
compile, edit and publish, a compilation of laws relating to
soldiers, sailors and marines, their dependents, and war
veteran organizations; and making an appropriation."
Act of August 4, 1959 (P.L.587, No.195), entitled, as
amended, "An act creating and establishing the Legislative
Budget and Finance Committee; providing for its membership;
prescribing its powers, functions and duties; providing for
the appointment of an executive director and other personnel,
and making an appropriation."
Section 49.1 of the act of January 10, 1968 (1967,
P.L.925, No.417), referred to as the Legislative Officers and
Employes Law.
Act of January 19, 1968 (1967 P.L.1022, No.448), entitled
"An act creating a Joint Legislative Air and Water Pollution
Control and Conservation Committee, providing for the terms
and appointment of members and for organization of the
committee and employment of personnel, providing for study of
air and water pollution laws and their enforcement, providing
for information and assistance from other agencies of
government, and making an appropriation."
Act of December 10, 1968 (P.L.1158, No.365), entitled "An
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act creating and establishing the Legislative Data Processing
Committee: providing for its membership; prescribing its
powers, functions and duties; and making an appropriation."
Act of December 20, 1982 (P.L. 1442, No.327), known as
the State Capitol Preservation Act.
Sections 301, 302, 303, 304, 305 and 306 of the act of
June 30, 1987 (P.L.163, No.16), known as the Rural
Pennsylvania Revitalization Act.
Section 2103. Continuations.
The following apply:
(1) Chapter 3 is a continuation of the act of May 7,
1923 (P.L.158, No.119), entitled "An act creating a
Legislative Reference Bureau; providing for the election of a
director by the General Assembly; designating the officers
and employes of such bureau, defining their duties; fixing
their salaries; abolishing the present Legislative Reference
Bureau; and making an appropriation."
(2) Chapter 5 is a continuation of the act of December
10, 1968 (P.L.1158, No.365), entitled "An act creating and
establishing the Legislative Data Processing Committee:
providing for its membership; prescribing its powers,
functions and duties; and making an appropriation."
(3) Chapter 7 is a continuation of the act of December
20, 1982 (P.L.1442, No.327), known as the State Capitol
Preservation Act.
(4) Chapter 9 is a continuation of the act of May 29,
1935 (P.L.244, No.102), referred to as the Local Government
Commission Law.
(5) Chapter 11 is intended to preserve the nature and
extent of the legislative services provided by the Joint
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State Government Commission, the Legislative Budget and
Finance Committee, the Joint Legislative Air and Water
Pollution Control and Conservation Committee and the Center
for Rural Pennsylvania.
Section 2104. Implementation.
(a) General rule.--The implementation of the provisions of
this act shall begin immediately and shall be fully completed by
July 1, 2013.
(b) Transition committee.--Within 30 days of the effective
date of this section, the President pro tempore of the Senate,
the Minority Leader of the Senate, the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives shall each appoint a member of the Senate or
House of Representatives, respectively, to serve on a transition
committee. The transition committee shall implement the
provisions of this act relating to the consolidation of the
Joint State Government Commission, the Legislative Budget and
Finance Committee, the Joint Legislative Air and Water Pollution
Control and Conservation Committee and the Center for Rural
Pennsylvania.
(c) Appointments.--The President pro tempore of the Senate,
the Minority Leader of the Senate, the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives shall make the appointments to the committees
established by Chapter 11 beginning January 2013.
Section 2105. Transition.
The following transitional provisions apply:
(1) All personnel, allocations, appropriations,
equipment, files, records, contracts, agreements, obligations
and other materials which are used, employed or expended by
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the Joint State Government Commission, the Legislative Budget
and Finance Committee, the Joint Legislative Air and Water
Pollution Control and Conservation Committee and the Center
for Rural Pennsylvania are transferred to the Pennsylvania
Office for Research and Public Policy in the first instance
and as if these contracts, agreements and obligations had
been incurred or entered into by the Pennsylvania Office for
Research and Public Policy.
(2) Except as otherwise provided in paragraph (3), any
project, study or investigation pursuant to a statute enacted
within six years preceding the effective date of this
section, a resolution adopted by the General Assembly or a
resolution adopted by the Senate or the House of
Representatives regarding the Joint State Government
Commission, the Legislative Budget and Finance Committee, the
Joint Legislative Air and Water Pollution Control and
Conservation Committee and the Center for Rural Pennsylvania
is transferred to the Pennsylvania Office for Research and
Public Policy.
(3) Any project, study or investigation regarding the
Joint State Government Commission pursuant to the act of
March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, or section 20 of the act of June 28, 1947
(P.L.1110, No.476), known as the Motor Vehicle Sales Finance
Act, is transferred to the Pennsylvania Office for Research
and Public Policy.
Section 2106. Federal funds; programs.
The personnel, appropriations, equipment and other items and
materials transferred by this act shall include an appropriate
portion of the general administrative, overhead and supporting
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personnel, appropriations, equipment and other material of the
Joint State Government Commission, the Legislative Budget and
Finance Committee, the Joint Legislative Air and Water Pollution
Control and Conservation Committee and the Center for Rural
Pennsylvania and shall also include, where applicable, Federal
grants and funds and other benefits from any Federal program.
Section 2107. Effective date.
This act shall take effect as follows:
(1) Section 2104 shall take effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect July 1,
2013.
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