Subchapter G. MISCELLANEOUS FORMS
FINAL ENACTMENTS Sec.
19.351. Approval of law.
19.352. Approval of appropriation act.
19.353. Bill not acted on by Governor.
19.354. Bill passed over Governor’s veto.
VETOES
19.361. Prior to adjournment of General Assembly.
19.362. Subsequent to adjournment of General Assembly.
19.363. Proclamation of vetoes subsequent to adjournment.
19.364. Partial veto of single appropriation.
19.365. Partial veto of general appropriation bill.
CONSTITUTIONAL AMENDMENTS
19.371. Statement following passage by first General Assembly.
19.372. Statement following passage by second General Assembly.
19.373. Proclamation of results of election.
19.374. Proclamation changing article numbers.
19.375. Promulgation of section headings.
19.376. Statement of ratification of United States Constitution.
REORGANIZATION PLANS
19.381. Form of plan.
19.382. Resolution to approve plan.
19.383. Resolution to disapprove plan.
19.384. Certification of plan approval.
19.385. Certification of plan disapproval.
19.386. Statement of plan approvals on same day.
19.387. Statement of plan approvals on different days.
19.388. Statement of plan effective without action.
19.389. Listing of plans not approved.
SUPPLEMENTAL ASSISTANCE PLANS
19.391. Form of plan.
19.392. Resolution to approve plan.
19.393. Resolution to disapprove plan.
19.394. Certification of plan approval.
19.395. Certification of plan disapproval.
19.396. Statement of plan approvals on same day.
19.397. Statement of plan approvals on different days.
19.398. Statement of plan effective without action.
19.399. Listing of plans not approved.
ADMINISTRATIVE RULES REPORTS
19.401. Form of report.
19.402. Resolution to approve report.
19.403. Resolution to disapprove report.
19.404. Resolution to disapprove report but permit adoption of regulation.
19.405. Concurrent resolution to disapprove regulation.
19.406. Concurrent resolution to disapprove regulation but permit its adoption.
19.407. Form of report for guidelines, etc. under separate statute.
19.408. Editorial note based on calendar and legislative days.
19.409. Editorial note for concurrent resolution on calendar.
COURT RULES REPORTS
19.411. Form of report.
19.412. Resolution to approve report.
19.413. Resolution to disapprove report.
SURPLUS PROPERTY DISPOSITION PLANS
19.421. Form of plan.
19.422. Resolution to approve plan.
19.423. Resolution to disapprove plan.
19.424. Resolution to disapprove plan in part.
SUNSET REVIEW RESOLUTIONS AND STATUTES
19.431. Resolution to continue agency.
19.432. Resolution to continue agency extended by Sunset Leadership Committee.
19.433. Editorial note for calendar.
19.434. Original act to reestablish agency.
19.435. Amendatory act to reestablish agency.
LABELS FOR BILLS, AMENDMENTS, ETC.
19.481. Bill for Senate.
19.482. Bill for House.
19.483. Bill for other agency.
19.484. Amendment for Senate.
19.485. Amendment for House.
19.486. Amendment for other agency.
19.487. Amendment to amendment.
19.488. Miscellaneous document.
TITLES FOR BILL COVERS
19.491. Original bill with long title.
19.492. Original bill with appropriation.
19.493. Amending act without short title.
19.494. Amending act with official or unofficial short title.
19.495. Joint resolution amending Constitution.
GENERAL
19.501. Conference report on Senate bill.
19.502. Conference report on House bill.
19.503. [Reserved].
19.504. [Reserved].
19.505. Subpoena issued by legislative committee.
19.506. Affidavit of service of subpoena.
19.507. Citation for contempt of legislative committee.
19.508. Notice of local or special bill.
19.509. Proof of publication of notice.
19.510. Writ for special election of member.
19.511. Affidavit of service of writ on Secretary of Commonwealth.
19.512. Affidavit of service of writ on board of elections.
19.513. Referendum to determine will of electorate.
19.514. Statute effective if approved by referendum.
19.515. Staggered terms for board members.
FINAL ENACTMENTS
§ 19.351. Approval of law.
APPROVED—The 10th day of January, A. D. 1984.
DICK THORNBURGH§ 19.352. Approval of appropriation act.
APPROVED—The 6th day of August, A. D. 1984.
DICK THORNBURGH§ 19.353. Bill not acted on by Governor.
Office of the Secretary of the Commonwealth
June 16, 1979.I hereby certify that House Bill No. 1288, Printer’s No. 340, entitled ‘‘An act making an appropriation under the police power and as a governmental duty to the Department of Welfare for State aid to political subdivisions charged by law with the care of the poor, and providing for the allocation and use of the moneys so appropriated,’’ was presented to the Governor on June 16, 1979, and was not returned within ten days after it had been presented to him, wherefore it has, agreeably to the Constitution of Pennsylvania, become a law in like manner as if he had signed it.
Secretary of the CommonwealthNote: The date of final enactment of Act No. 1979-17 is June 16, 1979.
§ 19.354. Bill passed over Governor’s veto.
September 13, 1978.We certify that Senate Bill No. 1233, Printer’s No. 2034, entitled ‘‘An act to reimburse certain counties for rewards and bounties heretofore paid by such counties in good faith for the destruction of noxious animals and birds, and directing the Auditor General to draw his warrant for the payment of the same,’’ which was passed by the General Assembly, vetoed by the Governor and returned with his objections to the Senate, in which it originated, was passed on September 12, 1978, by two-thirds of all the members elected to the Senate and was passed on September 13, 1978, by two-thirds of all the members elected to the House of Representatives, the objections of the Governor to the contrary notwithstanding.
MARTIN L. MURRAY…K. LEROY IRVIS
President Pro Tempore…Speaker MARK GRUELL, JR.…VINCENT F. SCARCELLI Secretary, Senate.…Chief Clerk, House of Representatives.Note: The date of final enactment of Act No. 1978-141 is Sept. 13, 1978.
VETOES
§ 19.361. Prior to adjournment Veto No. 1984-4 of General Assembly.
HB2160…July 17, 1984
To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania:I return herewith, without my approval, House Bill No. 2160, Printer’s No. 2889, entitled ‘‘An act amending the act of March 10, 1970 (No. 66), entitled An act imposing a special tax upon realty of public utilities; providing for distribution of moneys to local taxing authorities in lieu of local real estate taxes; conferring powers and imposing duties upon the Department of Revenue, local assessing and other officials, and public utilities; and providing penalties,’ exempting certain property from the tax.’’
This bill would remove from the scope of the Public Utility Realty Tax Act (Act 66 approved March 10, 1970) the real property of any municipality or municipality authority furnishing public utility service.
This bill would indirectly discriminate against residents of municipalities wherein the public utility service was rendered by public utility corporations, and in favor of the residents of municipalities wherein the public utility service was rendered by the municipalities or municipality authorities. The impact of the tax under this bill would be lacking in uniformity as to all the residents of the Commonwealth, inasmuch as those municipalities having tax exempt public utility service would share in the proceeds of the taxes collected in all other municipalities.
This amendment would also result in a substantial loss of the revenue available to the Commonwealth for distribution to local taxing authorities.
For these reasons, the bill is not approved.
DICK THORNBURGH§ 19.362. Subsequent to adjournment of General Assembly.
December 30, 1984I file herewith, in the Office of the Secretary of the Commonwealth, with my objections, House Bill No. 1784, Printer’s No. 3590, entitled ‘‘An act amending the act of June 1, 1959 (P. L. 392, No. 201), entitled ‘An act relating to the retirement of State employes; amending, revising, consolidating and changing the laws relating thereto,’ granting credit to certain State employes for certain employment by cities of the second class.’’
This bill would permit certain State employes, who were previously employed by the registration commission of a second class city, to receive service credit for such employment toward State retirement upon payment of back contributions.
This bill would mark a serious departure from the customary definition of State employe, for retirement purposes, and would open the door to any employe of a political subdivision rendering public service in any capacity. There is no justification in law or reason to permit the State retirement program to be a catch-all for any public employe not rendering service for or on behalf of the Commonwealth.
This bill would also confer special benefits on a very restricted class of city employe.
For these reasons, the bill is not approved.
DICK THORNBURGH§ 19.363. Proclamation of vetoes subsequent to adjournment.
PROCLAMATION I, Dick Thornburgh, Governor of the Commonwealth of Pennsylvania, have caused this Proclamation to issue and, in compliance with the provisions of Section 15 of Article IV of the Constitution of Pennsylvania, do hereby give notice that I have filed in the Office of the Secretary of the Commonwealth, with my objections thereto, the following bills passed by both houses of the General Assembly at the Regular Session of 1984, viz:
House Bill No. 971, Printer’s No. 1098, entitled ‘‘An act exempting bonds of municipalities and school districts of the Commonwealth of Pennsylvania from taxation within the Commonwealth of Pennsylvania.’’
House Bill No. 386, Printer’s No. 605, entitled ‘‘An act amending the act of June 1, 1959 (P. L. 392), entitled ‘An act relating to the retirement of State employes; amending, revising, consolidating and changing the laws relating thereto,’ further defining the term ‘State employe’ and providing for crediting of certain service in the Philadelphia retirement system to the State system.’’
GIVEN under my hand and the Great Seal of the Commonwealth, at the City of Harrisburg, this thirtieth day of December, in the year of our Lord one thousand nine hundred and eighty-four, and of the Commonwealth the two hundred and ninth.BY THE GOVERNOR:…DICK THORNBURGH
William R. Davis…Governor
§ 19.364. Partial veto of single appropriation.
APPROVED—The 28th day of July, A.D. 1984, except as to the following:
Section 208. Appropriation.The net proceeds of the sale of the obligations herein authorized are hereby appropriated from the Capital Facilities Fund to the Department of Transportation in the maximum amount of $68,688,000 to be used by it exclusively to defray the financial cost of the projects specifically itemized in a Capital Budget. After reserving or paying the expenses of the sale of the obligation, the State Treasurer shall pay to the Department of Transportation the moneys as required and certified by it to be legally due and payable.
I approve this item in the amount of $68,181,000. I withhold my approval from the remainder of the appropriation and debt authorization.
DICK THORNBURGH§ 19.365. Partial veto of general appropriation bill.
APPROVED—The 11th day of July, A. D. 1984, except as to the following:PART II
GENERAL FUND AND FEDERAL AUGMENTATION
APPROPRIATIONS 1984-1985*** SUBPART B ***
Section 214. Attorney General.—
The following amounts are appropriated to the Attorney General:For general government operations of the Office of the Attorney General.
State appropriation…20,180,000This item is approved in the sum of $19,171,000. I withhold my approval from the remaining amount.
Section 215. Auditor General.—The following amounts are appropriated to the Auditor General:
For the Department of the Auditor General for auditing annually, periodically or specially, the affairs of any department, board or commission which are supported out of the General Fund, district justices, other fining offices, volunteer firemen’s relief association funds and the office of elected State officials.
State appropriation…15,719,000This item is approved in the sum of $5,973,000. I withhold my approval from the remaining amount.
DICK THORNBURGH
CONSTITUTIONAL AMENDMENTS
§ 19.371. Statement following passage by first General Assembly.
(This Joint Resolution No. 1 was passed for the first time at the Legislative Session of 1984.)§ 19.372. Statement following passage by second General Assembly.
(This Joint Resolution No. 2 was passed for the first time at the Legislative Session of 1982 as Joint Resolution No. 6 and for the second time at the Legislative Session of 1984.)§ 19.373. Proclamation of results of election.
PROCLAMATION CONSTITUTIONAL AMENDMENT—ARTICLE I WHEREAS, Joint Resolution No. 2 of the 1984 Session of the General Assembly of Pennsylvania proposed to amend Article I of the Constitution of Pennsylvania by adding a section prohibiting any denial or abridgement of rights because of an individual’s sex, the section to read as follows:
§ 28. Prohibition against denial or abridgement of equality of rights because of sex.Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual; and
WHEREAS, The Joint Resolution was passed by two successive General Assemblies of Pennsylvania; and
WHEREAS, The proposed constitutional amendment was submitted for approval by the qualified electors of this Commonwealth at an election held on May 18, 1984; and
WHEREAS, The Secretary of the Commonwealth has certified to me that the proposed constitutional amendment was approved (disapproved) by the electorate on May 18, 1984;
NOW, THEREFORE, I, Dick Thornburgh, Governor of the Commonwealth of Pennsylvania, do proclaim and pronounce that the aforesaid constitutional amendment was (not) adopted by a majority of the electors voting thereon on May 18, 1984.
GIVEN under my hand and the Great Seal of the
Commonwealth, at the City of Harrisburg, this twenty-third day of July, in the year of our Lord one thousand nine hundred and eighty-four, and of the Commonwealth the one hundred ninth.BY THE GOVERNOR:
William R. Davis…DICK THORNBURGH
Secretary of the Commonwealth…Governor
§ 19.374. Proclamation changing article numbers.
PROCLAMATION BY VIRTUE of the authority conferred upon me by 1 Pa.C.S. § 904 (relating to Governor to proclaim corrected numbering), I do proclaim and specify the following changes in the numbers of the several articles in the Constitution of Pennsylvania by reason of conflict resulting from the amendment or repeal of certain articles thereof approved by the electors at the general election held on November 8, 1983, and the primary election held on May 16, 1984;
Original No. New No. 1 1 2 2 3 —consolidated with 10 and 11 as 3 4 4 5 5 6 —consolidated with 7 and 12 as 6 7 —consolidated with 6 as 6 8 7 9 —present No. 9 to be reserved for Constitutional Convention—Local Government 8 10 —consolidated with 3 as 3 11 —consolidated with 3 as 3 12 6 13 —reserved for Article 9 13 14 —reserved for Article 9 14 15 —reserved for Article 9 15 16 10 17 —Repealed 18 11
GIVEN under my hand and the Great Seal of the Commonwealth, at the City of Harrisburg, this seventh day of July, in the year of our Lord one thousand nine hundred and eighty-four, and of the Commonwealth the one hundred ninth.DICK THORNBURGH
BY THE GOVERNOR:…Governor
William R. Davis
Secretary of the Commonwealth
§ 19.375. Promulgation of section headings.
BY VIRTUE of the authority conferred upon me by 1 Pa.C.S. § 905 (relating to section headings), I hereby promulgate headings for the following sections of the respective articles of the Constitution of Pennsylvania which were approved by the electors at the general election held November 8, 1984:
ARTICLE II
§ 16. Legislative districts.ARTICLE V
§ 17. Prohibited activities.
ROBERT L. CABLE Director of the Legislative Reference BureauAPPROVED:
LeRoy S. Zimmerman
Attorney General§ 19.376. Statement of ratification of United States Constitution.
(Joint Resolution No. 6 was passed at the Legislative Session of 1984 and ratifies an amendment to the Constitution of the United States.)
REORGANIZATION PLANS
§ 19.381. Form of plan.
REORGANIZATION PLAN NO. 1 OF 1984 Transferring hospital supervision and licensing functions from Department of Public Welfare to Department of Health
Section 1.
Transferring certain functions of the Department of Public Welfare. The functions, powers and duties of the Department of Public Welfare with regard to the supervision and licensing of special and general hospitals, as set forth in Articles IX and X of the act of June 13, 1967 (P. L. 31, No. 21), known as the Public Welfare Code, are transferred to the Department of Health.
Section 2.
Transfer of personnel, records, property and appropriations. There are hereby transferred to the Department of Health, to be used, employed and expended in connection with the functions, powers and duties transferred by section 1, personnel, contract obligations, if any, records, files, property, supplies and equipment now being used or held in connection with such functions, powers and duties, and the unexpended balances of appropriations, allocations and other funds available or to be made available for use in connection with such functions, powers and duties.
Section 3. Suspensions.
Articles IX and X of the act of June 13, 1967 (P. L. 31, No. 21), known as the Public Welfare Code, are suspended insofar as they are inconsistent with this reorganization plan.
(Editorial Note: Final action on this plan must occur within 30 calendar days following its date of transmittal to the General Assembly excluding days on which either House is not in session because of an adjournment of more than ten days to a day certain.)
§ 19.382. Resolution to approve plan.
In the Senate, November 19, 1984Resolved, That Reorganization Plan No. 1 of 1984, transmitted to the General Assembly under date of November 19, 1984, which is incorporated herein by reference, be approved.
§ 19.383. Resolution to disapprove plan.
In the Senate, November 19, 1984Resolved,That Reorganization Plan No. 1 of 1984, transmitted to the General Assembly under date of November 19, 1984, which is incorporated herein by reference, be disapproved.
§ 19.384. Certification of plan approval.
I hereby certify that Reorganization Plan No. 2 of 1984, transmitted to the General Assembly under date of November 19, 1984, was approved on December 3, 1984, by resolution adopted by a majority vote of the duly elected membership of the House of Representatives.
JOHN J. ZUBECK Chief Clerk, House of Representatives§ 19.385. Certification of plan disapproval.
I hereby certify that Reorganization Plan No. 2 of 1984, transmitted to the General Assembly under date of November 19, 1984, was disapproved on December 3, 1984, by resolution adopted by a majority vote of the duly elected membership of the House of Representatives.
JOHN J. ZUBECK Chief Clerk, House of Representatives§ 19.386. Statement of plan approvals on same day.
(Reorganization Plan No. 3 of 1984, transmitted to the General Assembly on March 3, 1984, was approved on March 21, 1984, by a majority vote of the duly elected membership of each House of the General Assembly.)
§ 19.387. Statement of plan approvals on different days.
(Reorganization Plan No. 2 of 1984, transmitted to the General Assembly on April 2, 1984, was approved by a majority vote of the duly elected membership of each House of the General Assembly, the last approval having occurred on May 22, 1984.)
§ 19.388. Statement of plan effective without action.
(Reorganization Plan No. 1 of 1984, transmitted to the General Assembly on April 2, 1984, became effective pursuant to law as a result of the failure of the General Assembly to either approve or disapprove the plan in the manner provided by law, the period for legislative action having expired June 1, 1984).
(Reorganization Plan No. 2 of 1984, transmitted to the General Assembly on December 7, 1984, was approved on September 15, 1984, by a majority vote of the duly elected membership of the Senate and became effective pursuant to law as a result of the failure of the House of Representatives to either approve or disapprove the plan in the manner provided by law, the period for legislative action having expired on October 3, 1984.)
§ 19.389. Listing of plans not approved.
Pursuant to the act of April 7, 1955 (P. L. 23, No. 8), known as the Reorganization Act of 1955, Reorganization Plans Nos. 3, 4 and 7 of 1984 were disapproved in the General Assembly, as follows:
Reorganization
Plan No.Date of Submission Date of Disapproval Chamber of
General
Assembly3 November 14, 1984 December 12, 1984 Senate 4 November 14, 1984 December 12, 1984 Senate 7 December 20, 1984 December 16, 1984 House December 17, 1984 Senate No. 1984-3 REORGANIZATION PLAN NO. 3 of 1984 Note. Reorganization Plan No. 3 of 1984, transmitted to the General Assembly on February 3, 1984, was recalled by and returned to the Governor on February 10, 1984.
SUPPLEMENTAL ASSISTANCE PLANS
§ 19.391. Form of plan.
SUPPLEMENTAL ASSISTANCE PLAN NO. 1 OF 1984
Increasing State supplemental assistance payments to aged, blind and disabled persons.
Section 1. Increasing State supplemental assistance payments to eligible persons.
(a) Pursuant to section 432(2.1) of the act of June 13, 1967 (P. L. 31, No. 21), known as the Public Welfare Code, and the act of April 7, 1955 (P. L. 23, No. 8), known as the Reorganization Act of 1955, beginning May 1, 1984, the amount of State supplemental assistance furnished to eligible persons shall be increased so as to be in the amount set forth in section 2.
(b) The payments established under section 2 shall be in addition to payments made by the Federal Government under the Supplemental Security Income for the Aged, Blind and Disabled Program established by Title XVI of the Social Security Act and shall not be reduced as a result of increased levels of payment established by the Federal Government effected after April 30, 1984.
Section 2. Schedule of payments.The payments shall be determined in accordance with the following schedule:
Category Eligible
Individual(s)Categorical
SupplementLiving with
An Essential
PersonFor each
Additional
Essential
PersonAged $20.00 $10.00 $15.00 Blind 20.00 10.00 15.00 Disabled 20.00 10.00 15.00 Disabled and Disabled Spouse 30.00 15.00 15.00 (Editorial Note: Final action on this plan must occur within 30 calendar days following its date of transmittal to the General Assembly excluding days on which either House is not in session because of an adjournment of more than ten days to a day certain.)
§ 19.392. Resolution to approve plan.
In the Senate, November 19, 1984Resolved, That Supplemental Assistance Plan No. 1 of 1984, transmitted to the General Assembly under date of November 19, 1984, which is incorporated herein by reference, be approved.
§ 19.393. Resolution to disapprove plan.
In the Senate, November 19, 1984Resolved, That Supplemental Assistance Plan No. 1 of 1984, transmitted to the General Assembly under date of November 19, 1984, which is incorporated herein by reference, be disapproved.
§ 19.394. Certification of plan approval.
I hereby certify that Supplemental Assistance Plan No. 2 of 1984, transmitted to the General Assembly under date of November 19, 1984, was approved on December 3, 1984, by resolution adopted by a majority vote of the duly elected membership of the House of Representatives.
JOHN J. ZUBECK Chief Clerk, House of Representatives§ 19.395. Certification of plan disapproval.
I hereby certify that Supplemental Assistance Plan No. 2 of 1984, transmitted to the General Assembly under date of November 19, 1984, was disapproved on December 3, 1984, by resolution adopted by a majority vote of the duly elected membership of the House of Representatives.
JOHN J. ZUBECK Chief Clerk, House of Representatives§ 19.396. Statement of plan approvals on same day.
(Supplemental Assistance Plan No. 3 of 1984, transmitted to the General Assembly on March 3, 1984, was approved on March 21, 1984, by a majority vote of the duly elected membership of each House of the General Assembly.)
§ 19.397. Statement of plan approvals on different days.
(Supplemental Assistance Plan No. 2 of 1984, transmitted to the General Assembly on April 2, 1984, was approved by a majority vote of the duly elected membership of each House of the General Assembly, the last approval having occurred on May 22, 1984.)
§ 19.398. Statement of plan effective without action.
(Supplemental Assistance Plan No. 1 of 1984, transmitted to the General Assembly on April 2, 1984, became effective pursuant to law as a result of the failure of the General Assembly to either approve or disapprove the plan in the manner provided by law, the period for legislative action having expired on June 1, 1984.)
(Supplemental Assistance Plan No. 2 of 1984, transmitted to the General Assembly on December 7, 1984, was approved on September 15, 1984, by a majority vote of the duly elected membership of the Senate and became effective pursuant to law as a result of the failure of the House of Representatives to either approve or disapprove the plan in the manner provided by law, the period for legislative action having expired on October 3, 1984.)
§ 19.399. Listing of plans not approved.
Pursuant to the act of April 7, 1955 (P. L. 23, No. 8), known as the Reorganization Act of 1955, Supplemental Assistance Plans Nos. 3, 4 and 7 of 1984 were disapproved in the General Assembly, as follows:
Supplemental
Asst. Plan No.Date of
SubmissionDate of
DisapprovalChamber of
General Assembly3 November 14,1984 December 12,1984 Senate 4 November 14, 1984 December 12, 1984 Senate 7 December 20, 1984 December 16, 1984 House December 17, 1984 Senate
No. 1984-3
SUPPLEMENTAL ASSISTANCE PLAN NO. 3 OF 1984
Note. Supplemental Assistance Plan No. 3 of 1984, transmitted to the General Assembly on February 3, 1984, was recalled by and returned to the Governor on February 10, 1984.
ADMINISTRATIVE RULES REPORTS
§ 19.401. Form of report.
ADMINISTRATIVE RULES REPORT NO. 1 OF 1984
State Board of Optometrical Examiners regulation on examinations for licensure.
Section 1. Under the authority of section 812.1 of the act of April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929, the State Board of Optometrical Examiners proposed a regulation establishing requirements for written examinations for licensure. The Independent Regulatory Review Commission has determined that this regulation would be contrary to the public interest.
Section 2. Upon the approval of this regulation by the General Assembly by affirmative action or failure to act pursuant to the provisions of section 7(b) of the act of June 25, 1982 (P. L. 633, No. 181), known as the Regulatory Review Act, and the act of April 7, 1955 (P. L. 23, No. 8), known as the Reorganization Act of 1955, the State Board of Optometrical Examiners may promulgate it as a final regulation in the manner provided by law.
(Editorial Note: Final action on this report must occur within 30 calendar days following its date of transmittal to the General Assembly excluding days on which either House is not in session because of an adjournment of more than ten days to a day certain.)
§ 19.402. Resolution to approve report.
In the Senate, June 3, 1984Resolved, That Administrative Rules Report No. 1 of 1983, transmitted by the State Board of Optometrical Examiners under The Administrative Code of 1929 to the General Assembly under date of June 3, 1984, which is incorporated herein by reference, be approved.
§ 19.403. Resolution to disapprove report.
In the Senate, June 3, 1984Resolved, That Administrative Rules Report No. 1 of 1983, transmitted by the State Board of Optometrical Examiners under The Administrative Code of 1929 to the General Assembly under date of June 3, 1984, which is incorporated herein by reference, be disapproved.
§ 19.404. Resolution to disapprove report but permit adoption of regulation.
In the Senate, June 3, 1984Resolved, That Administrative Rules Report No. 1 of 1983, transmitted by the State Board of Optometrical Examiners under The Administrative Code of 1929 to the General Assembly under date of June 3, 1984, which is incorporated herein by reference, be disapproved as an indication of the intent of the General Assembly that it is not in favor of the regulation but a final order adopting the regulation may be published.
§ 19.405. Concurrent resolution to disapprove regulation.
SENATE CONCURRENT REGULATORY REVIEW RESOLUTION
NO. 1
Disapproving State Board of Optometrical Examiners regulation on licensing fees.WHEREAS, The State Board of Optometrical Examiners has proposed a regulation establishing fees for licensing examinations under the authority of section 812.1 of the act April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929; and
WHEREAS, The Senate Committee on Consumer Protection and Professional Licensure recommended disapproval of the proposed regulation to the Independent Regulatory Review Commission under section 5(c) of the act of June 25, 1982 (P. L. 633, No. 181), known as the Regulatory Review Act; and
WHEREAS, The committee received notice under section 6(c) of the Regulatory Review Act that the commission approved the proposed regulation; and
WHEREAS, The committee has determined that the proposed regulation should be disapproved by the General Assembly and notified the State Board of Optometrical Examiners of this determination; and
WHEREAS, The committee reports this resolution under section 7(c) of the Regulatory Review Act for action by the General Assembly within 30 calendar days or ten legislative days, whichever is longer, from the date of reporting this resolution; therefore be it
RESOLVED (the House of Representatives concurring), That the General Assembly disapprove the proposed regulation of the State Board of Optometrical Examiners on licensing fees; and be it further
RESOLVED, that notice of the final disposition of this resolution be sent to the State Board of Optometrical Examiners and published in the Pennsylvania Bulletin.
§ 19.406. Concurrent resolution to disapprove regulation but permit its adoption.
SENATE CONCURRENT REGULATORY REVIEW RESOLUTION
NO. 1
Disapproving but permitting adoption of State Board of Optometrical Examiners regulation on licensing fees.WHEREAS, The State Board of Optometrical Examiners has proposed a regulation establishing fees for licensing examinations under the authority of section 812.1 of the act April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929; and
WHEREAS, The Senate Committee on Consumer Protection and Professional Licensure recommended disapproval of the proposed regulation to the Independent Regulatory Review Commission under section 5(c) of the act of June 25, 1982 (P. L. 633, No. 181), known as the Regulatory Review Act; and
WHEREAS, The committee received notice under section 6(c) of the Regulatory Review Act that the commission approved the proposed regulation; and
WHEREAS, The committee has determined that the proposed regulation should be disapproved by the General Assembly as an indication of its intent that it is not in favor of the regulation, but permit its final adoption, and notified the State Board of Optometrical Examiners of this determination; and
WHEREAS, The committee reports this resolution under section 7(c) of the Regulatory Review Act for action by the General Assembly within 30 calendar days or ten legislative days, whichever is longer, from the date of reporting this resolution; therefore be it
RESOLVED (the House of Representatives concurring), That the General Assembly disapprove the proposed regulation of the State Board of Optometrical Examiners on licensing fees as an indication of the intent of the General Assembly that it is not in favor of the regulation; and be it further
RESOLVED, That the State Board of Optometrical Examiners may publish a final order adopting the regulation; and be it further
RESOLVED, That notice of the final disposition of this resolution be sent to the State Board of Optometrical Examiners and published in the Pennsylvania Bulletin.
§ 19.407. Form of report for guidelines, etc. under separate statute.
ADMINISTRATIVE RULES REPORT NO. 1 OF 1984
Department of Environmental Resources guidelines for storm water management and model storm water ordinances.
Section 1. Under the authority of section 14(a)(3) of the act of October 4, 1978 (P. L. 864, No. 167), known as the Storm Water Management Act, the Department of Environmental Resources established guidelines for storm water management and model storm water ordinances.
Section 2. Upon the approval of these guidelines and model ordinances by the General Assembly by affirmative action or failure to act pursuant to the provisions of section 14(b) of the act of October 4, 1978 (P. L. 864, No. 167), known as the Storm Water Management Act, and the act of April 7, 1955 (P. L. 23, No. 8), known as the Reorganization Act of 1955, the Department of Environmental Resources shall publish the guidelines and model ordinances.
(Editorial Note: Final action on this report must occur within 30 calendar days following its date of transmittal to the General Assembly excluding days on which either House is not in session because of an adjournment of more than ten days to a day certain.)
§ 19.408. Editorial note based on calendar and legislative days.
(Editorial Note: Final action on this report must occur within 60 calendar days or ten legislative days following its date of transmittal to the General Assembly, whichever is later.)
§ 19.409. Editorial note for concurrent resolution on calendar.
(Editorial Note: Final action on this resolution must occur within 30 calendar days or ten legislative days following its date of report from committee, whichever is later.)
COURT RULES REPORT
§ 19.411. Form of report.
COURT RULES REPORT NO. 1 OF 1984
Fees for prothonotaries, registers of wills and clerks of orphans’ court divisions.
Section 1. Under the authority of 42 Pa.C.S. § 1725 (relating to establishment of fees and charges), the Judicial Council of Pennsylvania adopted schedules of fees for prothonotaries, registers of wills and clerks of the orphans’ court divisions of the courts of common pleas.
Section 2. Upon approval of these schedules by the General Assembly by affirmative action or failure to act pursuant to 42 Pa.C.S. § § 1725 (relating to establishment of fees and charges) and 503(b) (relating to procedures), the schedules of fees shall become effective as provided in 42 Pa.C.S. § 503(b).
(Editorial Note: Final action on this report must occur within 120 calendar days following its date of transmittal to the General Assembly excluding days on which either House is not in session because of an adjournment of more than ten days to a day certain.)
§ 19.412. Resolution to approve report.
In the Senate, April 3, 1984Resolved, That Court Rules Report No. 1 of 1984, transmitted to the General Assembly under date of April 3, 1984, which is incorporated herein by reference, be approved.
§ 19.413. Resolution to disapprove report.
In the Senate, April 3, 1984Resolved, That Court Rules Report No. 1 of 1984, transmitted to the General Assembly under date of April 3, 1984, which is incorporated herein by reference, be disapproved.
SURPLUS PROPERTY DISPOSITION PLANS
§ 19.421. Form of plan.
SURPLUS PROPERTY DISPOSITION PLAN NO. 1 OF 1984
Disposition of surplus real property owned by Commonwealth.
Section 1. Under the requirements of Article XXIV-A of the act of April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929, the Department of General Services developed, and the Governor approved, a plan for the disposition of surplus real property owned by the Commonwealth.
Section 2. Upon the approval of the plan in whole or in part by the General Assembly by affirmative action or failure to act pursuant to the provisions of section 2404-A of the act of April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929, and the act of April 7, 1955 (P. L. 23, No. 8), known as the Reorganization Act of 1955, the Department of General Services may implement the plan in accordance with law.
(Editorial Note: Final action on this plan must occur within 30 calendar days following its date of transmittal to the General Assembly excluding days on which either House is not in session because of an adjournment of more than ten days to a day certain.)
§ 19.422. Resolution to approve plan.
In the Senate, April 3, 1984Resolved, That Surplus Property Disposition Plan No. 1 of 1984, transmitted by the Governor under The Administrative Code of 1929 to the General Assembly under date of April 3, 1984, which is incorporated herein by reference, be approved.
§ 19.423. Resolution to disapprove plan.
In the Senate, April 3, 1984Resolved, That Surplus Property Disposition Plan No. 1 of 1984, transmitted by the Governor under The Administrative Code of 1929 to the General Assembly under date of April 3, 1984, which is incorporated herein by reference, be disapproved.
§ 19.424. Resolution to disapprove plan in part.
A RESOLUTION
Disapproving Surplus Property Disposition Plan No. 1 of 1984 in part.
RESOLVED, That Surplus Property Disposition Plan No. 1 of 1984, transmitted by the Governor under The Administrative Code of 1929 to the General Assembly under date of December 9, 1984, which is incorporated herein by reference, be disapproved as to the following parcels:
Loysville Youth Development Center
Entire parcel
Farview State Hospital
Parcel Nos. 1 and 4
Torrance State Hospital
Parcel No. 3
SUNSET REVIEW RESOLUTIONS AND STATUTES
§ 19.431. Resolution to continue agency.
SUNSET REVIEW RESOLUTION NO. 1
Continuing existence of the State Real Estate Commission scheduled for termination under Sunset Act.
WHEREAS, Section 6(a) of the act of December 22, 1981 (P. L. 508, No. 142), known as the Sunset Act, provides that the State Real Estate Commission shall terminate on December 31, 1984; and
WHEREAS, Section 7(b) of that act provides that, unless legislation is enacted prior to November 1 reestablishing an agency, the presiding officer of each House shall cause to be placed on their respective calendars for the first legislative day in November, the question, in the form of a resolution, of whether an agency scheduled for termination on December 31 of that year shall be continued; and
WHEREAS, Section 7(b) further provides that, if a majority of the members elected to each House approve the resolution prior to the scheduled termination date of December 31, the agency shall be continued until the next review and termination cycle scheduled for the agency; and
WHEREAS, Legislation reestablishing the State Real Estate Commission has not been enacted prior to November 1, 1984, and it is desirable that the agency continue in existence; therefore be it
RESOLVED, That the State Real Estate Commission continue in existence until the next review and termination cycle scheduled for the agency.
§ 19.432. Resolution to continue agency extended by Sunset Leadership Committee.
SUNSET REVIEW RESOLUTION NO. 1
Continuing existence of the State Real Estate Commission scheduled for termination under Sunset Act.
WHEREAS, Section 6(a) of the act of December 22, 1981 (P. L. 508, No. 142), known as the Sunset Act, provides that the State Real Estate Commission shall terminate on December 31, 1984; and
WHEREAS, Section 7(b) of that act provides that, unless legislation is enacted prior to November 1 reestablishing an agency, the presiding officer of each House shall cause to be placed on their respective calendars for the first legislative day in November, the question, in the form of a resolution, of whether an agency scheduled for termination on December 31 of that year shall be continued; and
WHEREAS, Section 7(b) further provides that, if a majority of the members elected to each House approve the resolution prior to the scheduled termination date of December 31, the agency shall be continued until the next review and termination cycle scheduled for the agency; and
WHEREAS, Under the authority of section 4(4) the Sunset Leadership Committee postponed the termination date of the State Real Estate Commission from December 31, 1983, to April 30, 1984; and
WHEREAS, In view of the postponement of the termination date of the State Real Estate Commission it appears that the time for action date of November 1, 1983, is extended by implication to March 1, 1984; and
WHEREAS, Legislation reestablishing the State Real Estate Commission has not been enacted prior to March 1, 1984, and it is desirable that the agency continue in existence; therefore be it
RESOLVED, That the State Real Estate Commission continue in existence until the next review and termination cycle scheduled for the agency.
§ 19.433. Editorial note for calendar.
(Editorial Note: If this resolution is not approved before December 31, 1984, the agency will terminate in accordance with the Sunset Act.)
§ 19.434. Original act to reestablish agency.
AN ACT
Reestablishing the State Real Estate Commission which is scheduled for termination under the Sunset Act.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Reestablishment of State Real Estate Commission.(a) General rule.—The State Real Estate Commission, scheduled for termination under section 6 of the act of December 22, 1981 (P. L. 508, No. 142), known as the Sunset Act, is reestablished.
(b) Future evaluation, review and termination.—The State Real Estate Commission is subject to evaluation, review and termination within the time and in the manner provided in the Sunset Act.
(c) Compliance with requirements to reestablish agency. This act, with respect to the State Real Estate Commission, constitutes the legislation required to reestablish an agency under the Sunset Act.
Section 2. Effective date.This act shall take effect immediately.
§ 19.435. Amendatory act to reestablish agency.
AN ACT
Amending the act of January 14, 1952 (1951 P. L. 1898, No. 522), entitled, as amended, ‘‘An act to provide for the better protection of life and health of the citizens of this Commonwealth by requiring and regulating the examination, licensure and registration of persons and registration of corporations engaging in the care, preparation and disposition of the bodies of deceased persons, and providing penalties; providing for a State Board of Funeral Directors in the Department of State, and repealing other laws,’’ reestablishing the State Board of Funeral Directors; providing for its composition, powers and duties; and making repeals.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as Follows:
Section 1. The act of January 14, 1952 (1951 P. L. 1898, No. 522), known as the Funeral Director Law, is amended by adding a section to read:
Section 19. State Board of Funeral Directors.—(a) There shall be a State Board of Funeral Directors as a departmental administrative board in the Department of State. The board shall consist of the Commissioner of Professional and Occupational Affairs, the Director of the Bureau of Consumer Protection in the Office of Attorney General, or his designee, two members appointed by the Governor, who shall be persons representing the public at large, and five members appointed by the Governor who shall be licensed funeral directors of good moral character and who shall also have been actively engaged in the practice of funeral directing for at least ten years immediately preceding their appointment.
(b) Professional and public members shall be appointed by the Governor with the advice and consent of the Senate for terms of five years. A member may continue to serve for a period not to exceed six months beyond the expiration of his term, if a successor has yet to be duly appointed and qualified according to law. If a member dies or resigns during his term of office, a successor shall be appointed as provided in this section and shall serve for the remainder of his predecessor’s unexpired term.
(c) Five members of the board shall constitute a quorum.
(d) The board shall select a chairman from among its members and may elect a secretary from among its members.
(e) The members of the board, other than the Commissioner of Professional and Occupational Affairs and the Director of the Bureau of Consumer Protection in the Office of Attorney General, or his designee, shall receive sixty dollars ($60) per diem when actually engaged in the transaction of official business and shall also receive the amount of reasonable traveling, hotel and other necessary expenses incurred in the performance of their duties.
(f) A member of the board who fails to attend three consecutive meetings shall forfeit his seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of an immediate family member.
(g) The board is subject to evaluation, review and termination within the time and in the manner provided in the act of December 22, 1981 (P. L. 508, No. 142), known as the ‘‘Sunset Act.’’
Section 2. Sections 419 and 2112 of the act of April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929, are repealed.
Section 3. This act, with respect to the State Board of Funeral Directors, constitutes the legislation required to reestablish an agency under the act of December 22, 1981 (P. L. 508, No. 142), known as the Sunset Act.
Section 4. The presently confirmed members of the existing State Board of Funeral Directors, as of December 31, 1984, shall continue to serve as members of the State Board of Funeral Directors until their present terms of office expire.
Section 5. Each rule and regulation of the State Board of Funeral Directors in effect on December 31, 1984, shall remain in effect after December 31, 1984, until repealed or amended by the State Board of Funeral Directors.
Section 6. This act shall be retroactive to December 31, 1984, if enacted after that date.
Section 7. This act shall take effect immediately.
LABELS FOR BILLS, AMENDMENTS, ETC.
§ 19.481. Bill for Senate.
…
SENATE
HONORABLE CLARENCE M. SMITH
Req. of William Brown
1984D00901 RLC:A0
(Note: For member folder.)
…
#02 CLARENCE M. SMITH 1984D00901 SENATE RLC:A0 Req. of William Brown 03/09/84 Source: 1983D00876
AN ACTRegulating the practice and procedure before administrative agencies. ( Note: For bureau card.)
… #02 CLARENCE M. SMITH 1984D00901 SENATE RLC:A0 Req. of William Brown 03/09/84 Source: 1983D00876
AN ACTRegulating the practice and procedure before administrative agencies.
( Note: For bureau folder.)
…
Received by …
Time …
Date …
1984D00901 RLC:A0
(Note: For bureau folder.)
…
§ 19.482. Bill for House.
…
HOUSE
HONORABLE CLARENCE M. SMITH
Req. of William Brown
(Note: For member folder.)
1984D00901 RLC:A0
…
#02 CLARENCE M. SMITH 1984D00901 HOUSE RLC:A0 Req. of William Brown 03/09/84 Source: 1983D00876
AN ACTRegulating the practice and procedure before administrative agencies. ( Note: For bureau card.)
… #02 CLARENCE M. SMITH 1984D00901 HOUSE RLC:A0 Req. of William Brown 03/09/84 Source: 1983D00876
AN ACTRegulating the practice and procedure before administrative agencies.
( Note: For bureau folder.)
…
Received by …
Time …
Date…
1984D00901 RLC:A0
§ 19.483. Bill for other agency.
…
MISCELLANEOUS
DEPARTMENT OF TRANSPORTATION
Req. of William Brown
1984D00901 RLC:A0
(Note: For agency folder.)
…
#02 DEPARTMENT OF TRANSPORTATION 1984D00901 MISCELLANEOUS RLC:A0 Req. of William Brown 03/09/84 Source: 1983D00876
AN ACTRegulating the practice and procedure before administrative agencies. ( Note: For bureau card.) … #02 DEPARTMENT OF TRANSPORTATION 1984D00901 MISCELLANEOUS RLC:A0 Req. of William Brown 03/09/84 Source: 1983D00876
AN ACTRegulating the practice and procedure before administrative agencies. ( Note: For bureau folder.)
…
Received by …
Time …
Date …
1984D00901 RLC:A0
(Note: For bureau folder.)
…
§ 19.484. Amendment for Senate.
…
SENATE
HONORABLE CLARENCE M. SMITH
Amendments to S. Bill No. 809
Req. of William Brown
A0476 RLC:A0
(Note: For member folder.)
…
AMENDMENTS
A0476
S. Bill No. 809
RLC:A0 SEN. CLARENCE M. SMITH
Req. of William Brown
03/09/84 (Note: For bureau folder.)
…
Received by …
Time …
Date …
S. Bill 809 A0476 RLC:A0
(Note: For bureau folder.)
…
§ 19.485. Amendment for House.
…
HOUSE
HONORABLE CLARENCE M. SMITH
Amendments to S. Bill No. 809
Reg. of William Brown
(Note: For member folder.)
A0476 RLC:A0
…
AMENDMENTS
A0476 S. Bill No. 809
RLC:A0 REP. CLARENCE M. SMITH
Req. of William Brown
03/09/84 (Note: For bureau folder.)
…
Received by …
Time …
Date …
S. Bill 809 A0476 RLC:A0
(Note: For bureau folder.)
…
§ 19.486. Amendment for other agency.
…
MISCELLANEOUS
DEPT. OF TRANSPORTATION
Amendments to S. Bill No. 809
Req. of William Brown
(Note: For agency folder.)
A0476 RLC:A0
…
AMENDMENTS
A0476
S. Bill No. 809
RLC:A0 DEPT. OF TRANSPORTATION
Req. of William Brown
03/09/84 (Note: For agency folder.)
…
Received by …
Time …
Date …
S. Bill 809 A0476 RLC:A0
(Note: For bureau folder.)
…
§ 19.487. Amendment to amendment.
…
SENATE
HONORABLE CLARENCE M. SMITH
Amends to amends to S. Bill No. 809
Req. of William Brown
A0476 RLC:A0
(Note: For member folder.)
…
AMENDMENTS
A0476 to Amendments to S. Bill No. 809
RLC:A0 SEN. CLARENCE M. SMITH
Req. of William Brown
03/09/84 (Note: For bureau folder.)
…
Received by …
Time …
Date …
S. Bill 809 A0476 RLC:A0
(Note: For bureau folder.)
…
§ 19.488. Miscellaneous document.
…
MISCELLANEOUS
GOVERNOR’S OFFICE
Req. of William Brown
1984D00901 RLC:A0
(Note: For agency folder.)
…
#71 GOVERNOR’S OFFICE 1984D00901 MISCELLANEOUS RLC:A0 Req. of William Brown 03/09/84 Source: none REORGANIZATION PLAN NO. 1 of 1984
(Note: For bureau card.)
…
#71 GOVERNOR’S OFFICE 1984D00901 MISCELLANEOUS RLC:A0 Req. of William Brown 03/09/84 Source: none REORGANIZATION PLAN NO. 1 of 1984
(Note: For bureau folder.)
…
Received by …
Time …
Date …
1984D00901 RLC:A0
(Note: For bureau folder.)
…
TITLES FOR BILL COVERS
§ 19.491. Original bill with long title.
AN ACT
Providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions and officers thereof, including the boards of trustees of State Normal Schools or Teachers’ Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards and commissions; * * *§ 19.492. Original bill with appropriation.
AN ACT
Providing for the taking over by the Commonwealth, under certain terms, conditions and limitations, of certain streets in cities of the second class, second class A and third class, as State highways, and for the improvement, construction, reconstruction, resurfacing and maintenance by the Commonwealth of certain defined widths of said streets; * * * and making an appropriation.§ 19.493. Amending act without short title.
AN ACT
Amending the act of June 25, 1937 (P. L. 2063, No. 403), entitled ‘‘An act providing for the payment into the State Treasury, without escheat, of certain moneys and property subject to escheat under existing law, * * *,’’ making stock life insurance companies doing business in this Commonwealth subject to the act with respect to unclaimed stock and unclaimed dividends or profits.§ 19.494. Amending act with official or unofficial short title.
AN ACT
Amending The Administrative Code of 1929, approved April 9, 1929 (P. L. 177, No. 175), creating new administrative agencies; and modifying the provisions regulating contracts for public work and purchases.§ 19.495. Joint resolution amending Constitution.
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for the establishment of standards and qualifications for land used for agricultural purposes.
GENERAL
§ 19.501. Conference report on Senate bill. Printer’s No.
Prior Printer’s Nos.…Printer’s No.
Report of the Committee of Conference on Senate Bill No. To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference on the part of the Senate and House of Representatives for the purpose of considering Senate Bill No. , entitled: ‘‘An act . . . . ,’’ respectfully submit the following bill as our report:
(Committee on the part of the Senate.)
(Committee on the part of the House of Representatives.)§ 19.502. Conference report on House bill.
Prior Printer’s Nos.…Printer’s No.
Report of the Committee of Conference
on House Bill No.
To the Members of the House of Representatives and Senate:We, the undersigned, Committee of Conference on the part of the House of Representatives and Senate for the purpose of considering House Bill No. , entitled: ‘‘An act . . . . ,’’ respectfully submit the following bill as our report:
(Committee on the part of the House of Representatives.)
(Committee on the part of the Senate.)§ 19.503. [Reserved]
§ 19.504. [Reserved].
§ 19.505. Subpoena issued by legislative committee.
COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHINTo
,
and
WE COMMAND YOU AND EACH OF YOU, That laying aside all business and excuses whatsoever, you and each of you be and appear before a Committee of the Senate (House of Representatives) (Joint Committee of the General Assembly) of the Commonwealth of Pennsylvania, to (state purpose briefly) at their office in
on
the
day of
, 19
, between the hours of
and
o’clock in the
noon of said day, to testify truth and give evidence in the investigation before the committee then and there to be heard, bringing with you the following books, papers and records
in pursuance of a resolution passed by the Senate (House of Representatives) (concurrent resolution passed by both Houses of the General Assembly) adopted
, 19
, Senate (House) Resolution No.
,Wherein fail not, under the penalty which may ensue.
WITNESS my hand and seal at
the
day of
, 19
.
(SEAL) Chairman of Committee.§ 19.506. Affidavit of service of subpoena.
I certify that I served the within SUBPOENA on each of the following named witnesses by personally making known to them the contents thereof on the
day of
, 19
. So answers
Sworn and subscribed to before me this
day of
, 1984
§ 19.507. Citation for contempt of legislative committee.
A RESOLUTION
Citing Angelo J. Carcaci for contempt for refusal to answer questions of select committee to investigate administration of justice.WHEREAS, The select committee to investigate the administration of justice, pursuant to House Resolution No. 21, Printer’s No. 291, of the 168th regular session of the General Assembly, is authorized to hold hearings and to issue subpoenas on matters relating to law enforcement and the administration of justice for legislative purposes; and
WHEREAS, In accordance with the procedure and scope of authority set forth in House Resolution No. 21, the select committee duly scheduled a hearing at 10 a.m. on March 5, 1984, in a continuing investigation of the activities of members of the Pennsylvania State Police; and
WHEREAS, Previous testimony adduced by the committee dictated further inquiry into the administration of justice and law enforcement and the activities of Lieutenant Angelo J. Carcaci with respect to the years 1981, 1982, and 1983; and
WHEREAS, Lieutenant Angelo J. Carcaci was called to testify at the time and place set forth but refused on advice of counsel to answer every question asked of him by the committee’s counsel and by the individual members of the committee even though directed and ordered to answer the questions by the chairman of the committee; and
WHEREAS, Lieutenant Angelo J. Carcaci gave no legal reason nor did he invoke his constitutional right of self-incrimination for refusing to answer the questions; and
WHEREAS, The House of Representatives takes cognizance of the finding of the select committee that the defiance of the committee is contemptuous; therefore be it
RESOLVED, That pursuant to the authority granted under section 11 of Article II of the Constitution of Pennsylvania and Rule No. 51 of the Rules of the House of Representatives, and in accordance with the act of June 13, 1842 (P. L. 491, No. 19), (46 P. S.§ 61), the House of Representatives direct the Speaker of the House to instruct the Sergeant-at-Arms to bring Angelo J. Carcaci before the bar of the House by attachment forthwith; and be it further
RESOLVED, That if Angelo J. Carcaci continues in his refusal to answer questions propounded to him by the committee, that he be committed to the prison of Dauphin County until November 30, 1984, unless he sooner purges himself of such contempt by appearing and testifying before the select committee appointed pursuant to House Resolution No. 21.
§ 19.508. Notice of local or special bill.
NOTICE OF SPECIAL BILL Notice is hereby given that, during the regular session of the General Assembly of the Commonwealth of Pennsylvania to be held in the year 1984, there will be introduced a bill entitled ‘‘An act repealing the act of May 1, 1913 (P. L. 131, No. 88), entitled An act to prohibit the killing of foxes by certain methods in Delaware County, and fixing a penalty for violation of the act,’ in so far as it relates to Delaware County.’’
The object of the bill is to repeal the provisions of the special law prohibiting the shooting, trapping, snaring or poisoning of foxes within the limits of Delaware County and by the repeal to have these practices conform to the general laws relating thereto.
William Z. Scott
Senator, 14th District
Commonwealth of Pennsylvania
§ 19.509. Proof of publication of notice.
PROOF OF PUBLICATION This is to certify that the above notice was published in the
once a week for four successive weeks on the following dates:
Publisher Sworn and subscribed to
before me this
day of
, 1984
Address§ 19.510. Writ for special election of member.
COMMONWEALTH OF PENNSYLVANIA, SS:
To Honorable William R. Davis, Secretary of the Commonwealth, and to John J. Kane, Harry W. Fowler and John M. Walker, constituting the Board of Elections of the County of Allegheny:GREETING: WHEREAS, A vacancy exists in the office of Representative of the Commonwealth of Pennsylvania for the Eighth Legislative District of the County of Allegheny, caused by reason of the death (resignation) of Albert M. Bell, one of the representatives (the representative) from said district, on February 28, 1984.
NOW, THEREFORE, I, K. Leroy Irvis, Speaker of the House of Representatives, by virtue of the authority vested in me by the Constitution of Pennsylvania and by the Statute in such case made and provided, do hereby command you: That you cause an election to be held in the Eighth Legislative District of the County of Allegheny on November 3, 1984, to choose a person to represent the Legislative District in the House of Representatives of Pennsylvania for the remainder of the term expiring December 1, 1984, and that you give due and public notice of the election throughout the District, in the form and manner directed by law.
Given under my hand and the seal of the House of Representatives at Harrisburg, Pennsylvania, this
day of
A.D. 1984.
ATTEST:
…
Chief Clerk of the House of
Speaker of the House of
Representatives
Representatives
§ 19.511. Affidavit of service of writ on Secretary of Commonwealth.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
being duly sworn according to law, says:That he resides at
,
County, Pennsylvania.That he is a Sergeant-at-Arms of the House of Representatives, Commonwealth of Pennsylvania, specially deputized.
That he served on the Honorable William R. Davis, Secretary of the Commonwealth of Pennsylvania, on the
day of
, 1984, at
o’clock
, at his office in the Capitol Building, in Harrisburg, a writ for a special election for the office of Representative in the General Assembly for the Eighth Legislative District of the County of Allegheny, by command of the Honorable K. Leroy Irvis, Speaker of the House of Representatives of the Commonwealth of Pennsylvania.
Sergeant-at-Arms Sworn and subscribed to
before me this
day of
, 1984
§ 19.512. Affidavit of service on board of elections.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
, being duly sworn according to law, says:That he resides at
,
County, Pennsylvania.That he is a Sergeant-at-Arms of the House of Representatives, Commonwealth of Pennsylvania, specially deputized.
That he served on the Board of Elections of Allegheny County, on the
day of
, 1984, at
o’clock, at its office in Pittsburgh, a writ for a special election for the office of Representative in the General Assembly for the Eighth Legislative District of the County of Allegheny, by command of the Honorable K. Leroy Irvis, Speaker of the House of Representatives of the Commonwealth of Pennsylvania.
Sergeant-at-Arms Sworn and subscribed to
before me this
day of
, 1984
§ 19.513. Referendum to determine will of electorate.
AN ACT
Providing for a referendum to determine the will of the electorate with respect to replacing the Pennsylvania State Liquor Store system with a private enterprise system.The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows.
Section 1. Referendum.
At the municipal election to be held in 1985, there shall be submitted a question to determine the will of the electorate in regard to replacing the Pennsylvania State Liquor Store system with a private enterprise system. The question shall be in substantially the following form:
Do you favor replacing the Pennsylvania State Liquor Store system with a private enterprise system?
Section 2. Conduct of election.
The election shall be conducted in accordance with the act of June 3, 1937 (P. L. 1333, No. 320), known as the Pennsylvania Election Code, except that the time limits for advertisement of notice of the election may be waived as to the question.
Section 3. Results of election.
The results of the election shall be tabulated in the manner provided by law and the Secretary of the Commonwealth shall certify them to the Governor, the Senate and the House of Representatives.
Section 4. Effective date.
This act shall take effect immediately.
§ 19.514. Statute effective if approved by referendum.
Section 1. Section 1102 of Title 18 of the Pennsylvania Consolidated Statutes, is amended to read:
* * *
Section 2. At the municipal election to be held in 1985, there shall be submitted a question to determine the will of the electorate in regard to the retention of capital punishment. The question shall be in substantially the following form:
* * *
Section 4. In addition to any other requirements concerning the certification of results of elections, the Secretary of the Commonwealth shall certify the results of the election to the Legislative Reference Bureau.
Section 5. (a) Section 1 shall take effect 30 days following the municipal election in 1985 if a majority of those voting on the question vote in favor of the retention of capital punishment in this Commonwealth. Otherwise, it shall not take effect.
(b) The remaining provisions of this act shall take effect immediately.
§ 19.515. Staggered terms for board members.
Section 5. State Board of Medical Technician Examiners.(a) Establishment.—There shall be a departmental administrative board in the Department of State to be known as the State Board of Medical Technician Examiners, to consist of three members appointed by the Governor, with the consent of two-thirds of the members elected to the Senate.
(b) Terms of office.—Members shall serve for terms of six years. The members first appointed shall serve terms as follows: one for two years, one for four years and one for six years.
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