Pennsylvania Act 2001-79 — GENERAL PROVISIONS (1 PA.C.S.) - AMEND LOCAL OR SPECIAL LEGISLATION NOTICE AND BOARD OF COMMISSIONERS ON UNIFORM STATE LAWS REESTABLISHMENT

Act text

GENERAL PROVISIONS (1 PA.C.S.) - AMEND LOCAL OR SPECIAL LEGISLATION
 NOTICE AND BOARD OF COMMISSIONERS ON UNIFORM STATE LAWS REESTABLISHMENT
                  Act of Oct. 30, 2001, P.L. 815, No. 79              Cl. 01
                             Session of 2001
                               No. 2001-79

     HB 815

                                  AN ACT

     Amending Title 1 (General Provisions) of the Pennsylvania
        Consolidated Statutes, further providing for notice for local
        or special legislation; reestablishing the Board of
        Commissioners on Uniform State Laws; and making repeals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 1102(a) and (e) of Title 1 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 1102.  Publication of notice of application for local or
                special legislation.
        (a)  General rule.--No local or special bill[, either] to
     [repeal or] enact a local or special statute[,] shall be passed
     by the General Assembly, unless notice of the intention to apply
     therefor shall be published, once a week for four successive
     weeks, in not less than two newspapers of general circulation,
     and also in the legal journal, if any, published in the county
     or in each of the several counties where the matter or thing
     affected may be. Where the matter or thing affected is in a
     municipality, publication shall be made in two newspapers of
     general circulation published in such municipality, if any, and,
     if none, then in two newspapers published in the county, and, in
     either event, also in the legal journal, if any, published in
     the county. Where only one newspaper of general circulation is
     published in a county or in a municipality, publication in such
     one newspaper and in the legal journal, if any, shall be deemed
     sufficient.
        * * *
        (e)  Exception from notice requirement.--Notice shall not be
     required to be given under this section of a proposal to repeal
     a local or special statute by [a] any of the following:
            (1)  A general bill which codifies, compiles or revises
        the law or any part thereof.
            (2)  A bill which:
                (i)  only eliminates obsolete statutory provisions;
            and
                (ii)  makes specific reference in its title to that
            elimination.
        Section 2.  Title 1 is amended by adding a part to read:
                   PART VII.  MISCELLANEOUS PROVISIONS
     Chapter
     31.  Board of Commissioners on Uniform State Laws
                                CHAPTER 31
               BOARD OF COMMISSIONERS ON UNIFORM STATE LAWS
     Sec.
     3101.  Definitions.
     3102.  Board established.
     3103.  Powers and duties.
      § 3101.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section:
        "Board."  The Board of Commissioners on Uniform State Laws.
      § 3102.  Board established.
        (a)  Establishment.--The Board of Commissioners on Uniform
     State Laws is reestablished within the Office of General
     Counsel.
        (b)  Composition.--The board shall be composed of nine
     commissioners learned in the law:
            (1)  The Governor shall appoint three commissioners.
            (2)  The President pro tempore of the Senate shall
        appoint one commissioner.
            (3)  The Speaker of the House of Representatives shall
        appoint one commissioner.
            (4)  The Minority Leader of the Senate shall appoint one
        commissioner.
            (5)  The Minority Leader of the House of Representatives
        shall appoint one commissioner.
            (6)  The Attorney General shall serve as an ex officio
        commissioner.
            (7)  The General Counsel shall serve as an ex officio
        commissioner.
        (c)  Terms.--
            (1)  A commissioner under subsection (b)(1) shall serve a
        term of four years, calculated from the date of appointment.
            (2)  A commissioner under subsection (b)(2), (3), (4) or
        (5) shall serve at the pleasure of the appointing authority.
        (d)  Officers.--The General Counsel shall serve as chairman
     of the board.
        (e)  Quorum.--Five commissioners constitute a quorum.
      § 3103.  Powers and duties.
        The board has the following powers and duties:
            (1)  To examine subjects it deems necessary.
            (2)  To ascertain the best means to effect an
        assimilation and uniformity of state legislation throughout
        the United States on the subjects examined under paragraph
        (1).
            (3)  To meet with the National Conference of
        Commissioners on Uniform State Laws, at annual and other
        sessions, to:
                (i)  promote uniformity of state legislation in the
            United States; and
                (ii)  join the conference in measures deemed most
            expedient to advance the objective of paragraphs (1) and
            (2).
        Section 3.  Members of the Board of Commissioners on Uniform
     State Laws on the effective date of this act shall continue as
     commissioners for the balance of their terms.
        Section 4.  The following acts and parts of acts are repealed
     to the extent specified:
        Section 1 of the act of April 20, 1917 (P.L.90, No.54),
     entitled "An act constituting a Board of Commissioners on
     Uniform State Laws; authorizing the appointment of the
     commissioners, defining their duties, and providing for their
     expenses," absolutely.
        Section 202 of the act of June 7, 1923 (P.L.498, No.274),
     known as The Administrative Code, to the extent that it places
     the Board of Commissioners on Uniform State Laws in the
     Department of Justice.
        Sections 404 and 910 of the act of April 9, 1929 (P.L.177,
     No.175), known as The Administrative Code of 1929, absolutely.
        Section 5.  This act shall take effect immediately.

     APPROVED--The 30th day of October, A. D. 2001.

     MARK S. SCHWEIKER