York County News

Legislation aimed at increasing transparency and restoring constitutional integrity in executive branch appointments has progressed through the Senate State Government Committee. Sponsored by Senators Kristin Phillips-Hill and Cris Dush, Senate Bill 472 seeks to establish clear limitations on the use of "acting secretaries" who serve without Senate confirmation for extended periods.

Pennsylvania law currently permits the governor to appoint an acting secretary to manage an agency or department when a vacancy arises. This provision was intended as a temporary measure while awaiting Senate confirmation. However, it has been used increasingly to circumvent the constitutionally mandated confirmation process outlined in Article IV, Section 8 of the Pennsylvania Constitution. In practice, these "acting secretaries" execute all responsibilities of a cabinet secretary without legislative approval or oversight, sometimes for prolonged durations.

Under Governor Wolf's administration, 11 acting secretaries served without ever being sent to the Senate for confirmation yet operated with full authority as confirmed secretaries without consent from the Pennsylvania Senate.

"The Senate has a critical and constitutional role to advise and consent to gubernatorial nominees to lead our state agencies," stated Phillips-Hill. "We have seen an erosion of this once common practice to ensure two-thirds of the Senate agreed to the governor’s picks to lead our state government. This legislation upholds the intent of our state constitution and will bring greater accountability to both the executive and legislative branches of government in Pennsylvania."

Senate State Government Committee Chairman Dush added, "Without constitutionally required Senate confirmation, these ‘acting secretaries’ lack legitimate constitutional authority to act. Especially under Pennsylvania’s most recent governors, acting secretaries have operated departments without the constitutional checks and balances of Senate confirmation for indefinite, unchecked periods of time. This illegitimacy has also not hindered them from exercising full power or collecting the full paycheck with benefits of a ‘confirmed secretary.’ The passage of Senate Bill 472 will effectively conclude this executive branch undermining of the intent and purpose of Article IV, Section 8 of our state constitution."

The proposed reform aims to close this loophole by restricting how long someone can serve as head of a department without Senate confirmation. It specifies that such individuals will be titled "Deputy – Head of Department" and may only hold that position once per gubernatorial term while requiring them to appear before the General Assembly during budget hearings. Additionally, it ensures those serving temporarily do not receive extra compensation or enhanced benefits beyond their peers.

Senate Bill 472 now proceeds to consideration by the full Senate.