71 Pa. Stat. § 67.1

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 67.1 - Gubernatorial Appointments (Adm. Code Section 207.1)
(a) Except as hereinafter provided in this section, the Governor may appoint without obtaining the advice and consent of the Senate such public officers which he is authorized by law to appoint including, without limitation, members of independent administrative boards and commissions, members of departmental administrative bodies, boards and commissions and departmental administrative officers, and members of advisory boards and commissions.
(b) Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a) [1097], effective June 27, 1978.
(c) The Governor shall nominate in accordance with the provisions of the Constitution of the Commonwealth of Pennsylvania and, by and with the advice and consent of two-thirds of the members elected to the Senate, appoint persons to fill the following positions:
(1) Vacancies in the offices of Attorney General, Auditor General and State Treasurer.
(2) Those members which he is authorized to appoint to the Pennsylvania Liquor Control Board and the Pennsylvania Turnpike Commission.
(d) The Governor shall nominate in accordance with the provisions of the Constitution of the Commonwealth of Pennsylvania and, by and with the advice and consent of a majority of the members elected to the Senate appoint persons to fill the following positions:
(1) The Secretary of Education, the Secretary of the Commonwealth, the Adjutant General, the Insurance Commissioner, the Secretary of Banking and Securities, the Secretary of Agriculture, the Secretary of Transportation, the Secretary of Health, the Secretary of Drug and Alcohol Programs, the Commissioner of the State Police, the Secretary of Corrections, the Secretary of Labor and Industry, the Secretary of Aging, the Secretary of Human Services, the Secretary of General Services, the Secretary of Revenue, the Secretary of Community and Economic Development, the Secretary of Environmental Protection and the Secretary of Conservation and Natural Resources.
(2) Those members which he is authorized to appoint to the Board of Pardons, the Board of Probation and Parole, the State Civil Service Commission, the State Horse Racing Commission, the State Harness Racing Commission, the Board of Claims, the Pennsylvania Industrial Development Authority, the State Board of Education, the Board of Governors of the State System of Higher Education, the Board of Trustees of Pennsylvania State University, the Board of Trustees of the University of Pittsburgh, the Board of Trustees of Temple University, the Board of Trustees of Lincoln University, the Environmental Hearing Board, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission, the Pennsylvania Labor Relations Board, the Pennsylvania Public Utility Commission, the Industrial Board, the Milk Marketing Board, the Unemployment Compensation Board of Review, the Workers' Compensation Appeals Board, the State Art Commission, the State Transportation Commission and the Pennsylvania Human Relations Commission.
(3) Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a) [1097], effective June 27, 1978.
(4) Those members which he is authorized to appoint to the Delaware Valley Regional Planning Commission, the State Farm Products Commission, the Pennsylvania Housing Finance Agency, the Council of Trustees of each institution of the State System of Higher Education, the Board of Trustees of Scotland School for Veterans' Children, the Board of Trustees of Thaddeus Stevens College of Technology, the State Conservation Commission, the Commonwealth of Pennsylvania Council on the Arts, the State Planning Board, the Pennsylvania Drug, Device and Cosmetic Board, the County Board of Assistance in each county, the Boards of Trustees of Centers, the Board of Trustees of each Restoration Center, the Board of Trustees of each State School and Hospital, the Board of Trustees of each State Hospital, the State Dental Council and Examining Board, the State Real Estate Commission, the State Registration Board for Professional Engineers, the State Boards of Examiners of Architects, Auctioneers, Nursing Home Administrators and Public Accountants, the State Boards of Barber Examiners, Chiropractic Examiners, Cosmetology, Funeral Directors, Medical Education and Licensure, Nurse Examiners, Optometrical Examiners, Osteopathic Examiners, Pharmacy, Physical Therapy Examiners, Podiatry Examiners, Veterinary Medical Examiners, Landscape Architects and Motor Vehicle Manufacturers, Dealers and Salesmen, the Pennsylvania Board of Psychologist Examiners, the State Athletic Commission, the Pennsylvania Higher Education Assistance Agency, the Pennsylvania Historical and Museum Commission, the State Tax Equalization Board, the Public School Employees' Retirement Board, the State Employees' Retirement Board, the Municipal Police Officers' Education and Training Commission and the Pennsylvania Minority Business Development Authority.
(5) The general officers in the Department of Military Affairs which he is authorized by law to appoint.
(5.1) Vacancies in elective office, other than those set forth in subsection (c), which he is authorized by law to fill. Except for vacancies in judicial offices, the person nominated shall, as of the day preceding the date of the occurrence of the vacancy, be of the same political party as was the person who vacated the office on the date the person who vacated the office was administered the oath of office for the office vacated.
(6) All positions hereinafter statutorily created by amendment to this act or in any other act or amendment thereto for which Senate confirmation is specified but for which the advice and consent of two-thirds of the members elected to the Senate is not required.
(e) Notwithstanding the provisions of existing law providing for the extension of a term of office until a successor is appointed and qualified, for purposes of appointment under Article IV, section 8 of the Pennsylvania Constitution, for those offices requiring Senate confirmation by this section a vacancy requiring appointment or reappointment by the Governor shall exist upon the expiration of the number of years or time period specified for said office.
(f) A person, other than one serving until a successor is appointed and qualified, nominated by the Governor to a position for which Senate confirmation is required by this section shall not serve in such position nor receive any compensation for serving in such position until he has been confirmed by action of the Senate or by its inaction as provided by the Constitution of the Commonwealth of Pennsylvania and his appointment or commission thereafter issued by the Governor: Provided, however, That nothing contained in this section shall be construed to repeal or modify section 213 of this act: And provided further, That nothing in this act shall affect the right of an incumbent, whose term of office has expired, to continue in his office until his successor is appointed and qualified.
(g) Whenever the Governor shall nominate to fill a position for which Senate confirmation is required, the nominee shall submit to the Senate a sworn statement containing information on the nominee, including but not limited to his voting address, business address if any, employer, party registration, offices held in political parties during the past ten years, any public offices held during the past ten years, records of any criminal convictions other than summary offenses under 75 Pa.C.S. (relating to vehicles), and such other information as is agreed upon by the Governor and the Senate Committee on Rules and Executive Nominations.
(h) The Governor may not nominate an individual as a member of the Pennsylvania Public Utility Commission if, because of that individual's party affiliation under 25 Pa.C.S. Pt. IV (relating to voter registration) at the time of nomination, appointment of the individual would result in more than three members of the commission having the same party affiliation as the Governor.

71 P.S. § 67.1

Amended by P.L.3772021 No. 70, § 1, eff. 9/7/2021.