§ 104. Pennsylvania Historical and Museum Commission.

553 words·~3 min read·/pa/title-37/chapter-1/104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Membership.-- The Pennsylvania Historical and Museum Commission shall consist of the Secretary of Education, or his designee; nine residents of this Commonwealth appointed by the Governor with the advice and consent of a majority of the members elected to the Senate; and four members of the General Assembly, or their designees, two from the Senate, one of whom shall be appointed by the President pro tempore and one by the Minority Leader, and two from the House of Representatives, one of whom shall be appointed by the Speaker and one by the Minority Leader.

(b)Term of office.-- A member appointed from the General Assembly shall serve for a term to expire with his concurrent term as a legislator and shall serve until a successor is appointed and qualified, unless he is not elected for the next succeeding term as a member of the General Assembly, in which case a vacancy shall occur. Members other than the members of the General Assembly shall serve for a term of four years and shall serve until a successor is appointed and qualified.

(c)Chairman.-- One of the members shall be designated by the Governor to serve as chairman of the commission.

(d)Quorum.-- Eight members shall constitute a quorum.

(e)Attendance at meetings.-- A member who fails to attend three consecutive meetings shall forfeit his seat unless the chairman of the commission, 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.

(f)Public hearings.-- The commission shall hold public hearings in various locations throughout this Commonwealth at such places and times as it may deem appropriate.

(g)Executive director.-- The commission shall appoint an executive director who shall attend to the administrative work of the commission. The executive director shall serve at the pleasure of the commission, which shall fix his compensation, subject to the approval of the Governor. No member of the commission or person who has served as a member of the commission within one year shall be eligible for appointment as executive director.

(h)Historical Preservation Fund.-- The money collected by the commission from all fees, sales and other activities shall be paid into the State Treasury through the Department of Revenue and credited to the Historical Preservation Fund. Collections shall include the proceeds from the sale of historic properties. The money in the fund may be used by the commission and is hereby appropriated to it in exercising its powers and performing its duties as set forth in this title.

37c104v

(Nov. 28, 1995, P.L.647, No.70, eff. imd.; Dec. 9, 2002, P.L.1395, No.173, eff. imd.)

2002 Amendment. Act 173 amended subsec. (h).

1995 Amendment. Act 70 amended subsec. (a).

Termination of Commission. The Pennsylvania Historical and Museum Commission is subject to periodic review under the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act, and will terminate on the date specified in that act unless reestablished or continued by the General Assembly. The Pennsylvania Historical and Museum Commission was reestablished by the act of May 26, 1988 (P.L.414, No.72), until December 31, 1997. The termination date of December 31, 1997, is probably not effective since the Sunset Act expired December 22, 1991.