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