SENATE AMENDED
PRIOR PRINTER'S NOS. 183, 266, 335, PRINTER'S NO. 2218
2043, 2123, 2137
No. 180 Session of 1985
INTRODUCED BY GREENLEAF, O'CONNELL, FISHER, SHUMAKER, HOWARD,
KRATZER, SALVATORE, WENGER, HELFRICK, ANDREZESKI, HOPPER,
PECORA, REIBMAN, O'PAKE AND ROCKS, JANUARY 22, 1985
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 10, 1986
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," adding and changing
21 definitions relating to crime victims' compensation; further
22 providing for eligibility for crime victims' compensation and
23 for awards; providing for the responsibilities of providers
24 of service to crime victims; further providing for the
25 allocation of certain funds; extending the limitations period
26 for the filing of claims for crimes' victims compensation by
27 child victims; authorizing certain employee organizations to
28 file copies of their constitutions and bylaws with the
29 Secretary of Labor and Industry; imposing penalties for
30 failing to file certain information; providing for agency
31 shop agreements; and making repeals.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
4 as The Administrative Code of 1929, is amended by adding a
5 section to read:
6 Section 408.2. Fair Share Fee; Payroll Deduction.--(a) As
7 used in this section:
8 "Bonafide religious grounds." The tenets or teachings of a
9 bonafide church or religious body of which the objecting fee
10 payer is a member, and which form the basis for refusal to
11 associate.
12 "Exclusive representative." The employe organization
13 selected by the employes of a school entity to represent them
14 for purposes of collective bargaining pursuant to the act of
15 July 23, 1970 (P.L.563, No.195), known as the "Public Employe
16 Relations Act."
17 "Fair share fee." The regular membership dues required of
18 members of the exclusive representative less the cost for the
19 previous fiscal year of its activities or undertakings which
20 were not reasonably employed to implement or effectuate the
21 duties of the employe organization as exclusive representative.
22 "School entity." Any school district, intermediate unit, or
23 vocational-technical school regulated by the State Board of
24 Education.
25 (b) When the exclusive representative of a school entity's
26 employes who are subject to the regulations of the State Board
27 of Education notifies the school entity as to the amount of the
28 fair share fee, the school entity may deduct from the salaries
29 or wages of non-members of the exclusive representative the fair
30 share fee and shall transmit said fee to the exclusive
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1 representative. Payroll deduction and transmittal of the fee
2 shall be in accordance with a schedule agreed to by the school
3 entity and the exclusive representative.
4 (c) As soon as the information is verified by an independent
5 auditor, the exclusive representative shall provide the school
6 entity and non-members with a list of the major categories of
7 expenses during the previous fiscal year together with a
8 statement of the fair share fee and an explanation as to how it
9 was calculated. At the same time, the exclusive representative
10 shall notify the non-members that they may challenge the fee
11 within thirty days from receipt of notification either with
12 respect to its calculation or on bonafide religious grounds
13 before an impartial arbitrator, paid for equally by the non-
14 member and the exclusive representative, and selected by both
15 from a list supplied by the American Arbitration Association,
16 pursuant to the Voluntary Rules of the Association.
17 (d) The decision of the impartial arbitrator shall be final
18 and binding and shall be appealable only on the grounds
19 available for the appeal of arbitration awards under the common
20 law of this Commonwealth.
21 (e) The exclusive representative shall place each fair share
22 fee into an escrow account until such time as the non-member's
23 challenge is resolved or until the thirty day post-notification
24 period has passed without challenge.
25 (f) Should an arbitrator decide that a non-member's
26 objection is based on bonafide religious grounds, the non-member
27 shall be required to transmit an amount equal to the fair share
28 fee to a non-religious charity agreed upon by the non-member and
29 the exclusive representative.
30 Section 2. Section 477 of the act, amended June 30, 1984
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1 (P.L.458, No.96), is amended to read:
2 Section 477. Definitions.--So far as it relates to the crime
3 victim's compensation provisions, the following terms shall be
4 defined as:
5 "Board" means the Crime Victim's Compensation Board.
6 "Claimant" means the person filing a claim pursuant to this
7 act.
8 "Crime" means an act committed in Pennsylvania which, if
9 committed by a mentally competent, criminally responsible adult,
10 who had no legal exemption or defense, would constitute a crime
11 as defined in and proscribed by Title 18 of the "Pennsylvania
12 Consolidated Statutes," (relating to crimes and offenses) or
13 enumerated in the act of April 14, 1972 (P.L.233, No.64), known
14 as "The Controlled Substance, Drug, Device and Cosmetic Act" or
15 such as would constitute a crime as defined in and prescribed by
16 75 Pa.C.S. § 3731 (relating to driving under influence of
17 alcohol or controlled substance): Provided, however, That no act
18 involving the operation of a motor vehicle which results in
19 injury shall constitute a crime for the purpose of this act
20 unless such injury was intentionally inflicted through the use
21 of a motor vehicle or unless the injury or death was a result of
22 an accident involving a legally intoxicated operator of a motor
23 vehicle.
24 "Family," when used in reference to a person, shall mean (i)
25 anyone related to such person within the third degree of
26 consanguinity or affinity, (ii) anyone maintaining a common-law
27 relationship with such person, or (iii) anyone residing in the
28 same household with such person.
29 "Injury" shall include physical or mental damages and
30 aggravation of existing injuries if additional losses can be
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1 attributed to the result of the crime.
2 "Intervenor" shall mean a person who goes to the aid of
3 another and suffers [bodily] physical or mental injury or death
4 as a direct result of acting not recklessly to prevent the
5 commission of a crime, or to lawfully apprehend a person
6 reasonably suspected of having committed such crime, or to aid
7 the victim of such crime.
8 "Local law enforcement agency" means a police department of a
9 city, borough, incorporated town or township.
10 "Loss of earnings," in addition to its ordinary meaning,
11 shall mean the loss of the cash equivalent of a social security
12 [payment where social security], railroad retirement, or support
13 payment, where said payment is the primary source of the
14 victim's or claimant's income and where the victim is deprived
15 of the money as a direct result of a crime; or the loss of
16 earning power resulting from the injury as herein defined, to
17 the victim or claimant.
18 "Out-of-pocket loss" means the unreimbursed and
19 unreimbursable expenses or indebtedness incurred for medical
20 care, nonmedical remedial care and treatment rendered in
21 accordance with a religious method of healing as approved by the
22 board, or other services, including psychological counseling,
23 reasonably necessary as a result of the injury upon which the
24 claim is based and for which the claimant either has paid or is
25 liable, to include expenses for physical examinations and
26 materials used to obtain evidence. In no case shall property
27 damages or compensation for pain and suffering be included.
28 "Victim" shall mean a person against whom a crime has been
29 committed, other than the alleged offender, who suffers [bodily]
30 physical or mental injury, death or the loss of [the proceeds of
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1 a social security payment which is the primary income of the
2 recipient as a direct result of a crime] earnings as herein
3 defined.
4 Section 3. Section 477.3(c) and (d) of the act, amended June
5 30, 1984 (P.L.458, No.96), are amended to read:
6 Section 477.3. Persons Eligible for Compensation.--* * *
7 (c) [A person who is not a resident of Pennsylvania at the
8 time of occurrence of the crime upon which the claim is based,
9 shall be eligible for compensation only if the law of the state
10 of which he is a resident at the time of occurrence of the crime
11 upon which the claim is based provides for compensation to
12 Pennsylvania residents who are victims of crime in such state.
13 (d) If the victim's state of residence provides payments to
14 its residents injured in Pennsylvania, primary responsibility
15 for payment to the victim shall rest with the victim's state of
16 residence.] A person who is a resident of the United States,
17 including the District of Columbia, the Commonwealth of Puerto
18 Rico and all territories and possessions of the United States,
19 shall be eligible for compensation.
20 (d) Where a crime results in death, individuals related to
21 the victim within the third degree of consanguinity or affinity
22 shall be eligible for compensation for psychological counseling.
23 Section 4. Section 477.4(b) of the act, added July 9, 1976
24 (P.L.574, No.139), is amended to read:
25 Section 477.4. Filing of Claims for Compensation.--* * *
26 (b) A claim must be filed not later than one year after the
27 occurrence of the crime upon which the claim is based, or not
28 later than one year after the death of the victim or intervenor:
29 Provided, however, That for good cause the board may extend the
30 time for filing for a period not exceeding two years after such
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1 occurrence. Where a victim is under the age of eighteen at the
2 time of the occurrence of the crime and the alleged offender is
3 the victim's parent or a person responsible for the victim's
4 welfare, or any individual residing in the same home as the
5 victim, or a paramour of the victim's parent, the board may, for
6 good cause, extend the time for filing for a period not
7 exceeding five years after such occurrence.
8 * * *
9 Section 5. Section 477.5 of the act is repealed.
10 Section 6. Section 477.9 of the act is amended by adding
11 subsections to read:
12 Section 477.9. Awards.--* * *
13 (c.1) Where an order of restitution has been entered on
14 behalf of the victim, those amounts actually collected shall
15 first be applied to property losses incident to the crime and
16 secondly to personal injury losses as set forth in subsection
17 (f) of this section.
18 (c.2) Provisions of or awards made pursuant to this or any
19 other act compensating or benefiting a victim or claimant as
20 defined by this act shall in no way affect the claimant or
21 victim's eligibility under public assistance or any other State
22 or federally created social benefit or assistance program.
23 * * *
24 Section 7. The act is amended by adding a section to read:
25 Section 477.19. Responsibilities of Service Providers and
26 Insurance Companies.--(a) Providers of services, including, but
27 not limited to, doctors, hospitals, counselors and insurance
28 companies providing reimbursement to victims or claimants, shall
29 respond, in writing, to the board's request for confirmation
30 under this act within thirty days of receipt of the board's
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1 request.
2 (b) Any provider who fails to respond within thirty days of
3 receipt of the request shall be subject to civil penalty of not
4 more than ten dollars ($10) per day up to, and including the
5 date of compliance.
6 (c) The office of district attorney of the county in which
7 the provider is located or the Attorney General shall be charged
8 with enforcement of this section.
9 Section 8. Section 479.5 of the act is amended by adding a
10 subsection to read:
11 Section 479.5. Grant Program for Services.--* * *
12 (f) In the allocation of funds for services under section
13 479.4, the commission shall consider the revenue collected by
14 potential grant recipients under the penalty assessments
15 authorized in section 477.15 of this act and section 1203 of the
16 act of June 13, 1967 (P.L.31, No.21), known as the "Public
17 Welfare Code," pertaining to domestic violence and rape crisis
18 services.
19 Section 9. The act is amended by adding a section to read:
20 Section 2215. Employe Organizations to File Copy of
21 Constitution and Bylaws with the Department; Agency Shop
22 Agreements.--(a) Every State employe organization having an
23 agency shop agreement shall adopt a constitution and bylaws and
24 shall file a copy thereof with the Secretary of Labor and
25 Industry, together with a report, signed by its president and
26 secretary or corresponding principal officers, containing the
27 following information:
28 (1) The name of the employe organization, its mailing
29 address and any other address at which it maintains its
30 principal office or at which it keeps the records referred to in
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1 this section;
2 (2) The name and title of each of its officers;
3 (3) The initiation fee or fees required from a new or
4 transferred member and fees for work permits required by the
5 reporting employe organization;
6 (4) The regular dues or fees or other periodic payments
7 required to remain a member of the reporting employe
8 organization;
9 (5) Detailed statements, or references to specific
10 provisions of documents filed under this subsection which
11 contain such statements, showing the provision made and
12 procedures followed with respect to each of the following:
13 (i) qualifications for or restrictions on membership;
14 (ii) levying of assessments;
15 (iii) participation in insurance of other benefit plans;
16 (iv) authorization for disbursement of funds of the employe
17 organization;
18 (v) audit of financial transactions of the employe
19 organization;
20 (vi) the calling of regular and special meetings;
21 (vii) the selection of officers and stewards and of any
22 representatives to other bodies composed of employe
23 organizations' representatives, with a specific statement of the
24 manner in which each officer was elected, appointed or otherwise
25 selected;
26 (viii) discipline or removal of officers or agents for
27 breaches of their trust;
28 (ix) imposition of fines, suspensions and expulsions of
29 members, including the grounds for such action and any provision
30 made for notice, hearing, judgment on the evidence and appeal
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1 procedures;
2 (x) authorization for bargaining demands;
3 (xi) ratification of contract terms;
4 (xii) authorization for strikes; and
5 (xiii) issuance of work permits.
6 Any change in the information provided under this subsection
7 shall be reported to the Secretary of Labor and Industry at the
8 time the reporting employe organization files with the Secretary
9 of Labor and Industry the annual financial report required by
10 subsection (b).
11 (b) Every State employe organization having an agency shop
12 agreement shall file annually on or before July 15 with the
13 Secretary of Labor and Industry a financial report signed by its
14 president and treasurer or corresponding principal officers
15 containing the following information in such detail as may be
16 necessary to accurately disclose its financial condition and
17 operations for its preceding fiscal year:
18 (1) Assets and liabilities at the beginning and end of the
19 fiscal year;
20 (2) Receipts of any kind and the sources thereof;
21 (3) Salary, allowances and other direct or indirect
22 disbursements, including reimbursed expenses, to each officer
23 and to each employe who, during such fiscal year, received more
24 than ten thousand dollars ($10,000) in the aggregate from such
25 employe organization and any other employe organization
26 affiliated with it or with which it is affiliated, or which is
27 affiliated with the same national or international employe
28 organization;
29 (4) Direct and indirect loans made to any officer, employe
30 or member, which aggregated more than two hundred fifty dollars
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1 ($250) during the fiscal year, together with a statement of the
2 purpose, security, if any, and arrangements for repayments;
3 (5) Direct and indirect loans to any business enterprise
4 together with a statement of the purpose, security, if any, and
5 arrangements for repayment; and
6 (6) Other disbursements made by it including the purposes
7 thereof.
8 The information submitted under this subsection shall be in
9 such categories as the Secretary of Labor and Industry may
10 prescribe.
11 (c) Every employe organization which submits a report under
12 this section shall make available the information required to be
13 contained in such report to all of its members, and every such
14 employe organization and its officers shall be under a duty
15 enforceable at the suit of any member of such organization in
16 the court of common pleas of the county in which such employe
17 organization maintains its principal office, to permit such
18 member for just cause to examine any books, records and accounts
19 necessary to verify such report. The court in such action may,
20 in its discretion, in addition to any judgment awarded to the
21 plaintiff or plaintiffs, allow a reasonable attorney's fee to be
22 paid by the defendant and costs of the action.
23 (d) Every employe organization and every person filing any
24 report under this section shall maintain records on the matters
25 required to be reported which will provide in sufficient detail
26 the necessary basic information and data from which the
27 documents filed with the Secretary of Labor and Industry may be
28 verified, explained or clarified, and checked for accuracy and
29 completeness, and shall include vouchers, worksheets, receipts
30 and applicable resolutions, and shall keep such records
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1 available for examination for a period of not less than five
2 years after the filing of the documents based on the information
3 which they contain.
4 (e) All materials and reports filed pursuant to this section
5 shall be deemed to be public records and shall be available for
6 public inspection at the Office of the Secretary of Labor and
7 Industry during the usual business hours of the Department of
8 Labor and Industry.
9 (f) Any employe organization which violates the provisions
10 of this section or fails to file any required report or
11 affidavit or files a false report or affidavit shall be subject
12 to a fine of not more than two thousand dollars ($2,000).
13 (g) Any person who wilfully violates this section, or who
14 makes a false statement knowing it to be false, or who knowingly
15 fails to disclose a material fact shall be fined not more than
16 one thousand dollars ($1,000) or undergo imprisonment for not
17 more than thirty (30) days, or both. Each individual required to
18 sign affidavits or reports under this section shall be
19 personally responsible for filing such report or affidavit and
20 for any statement contained therein he knows to be false.
21 (h) The Commonwealth of Pennsylvania, any board, commission,
22 department, agency or instrumentality of the Commonwealth as a
23 public employer, may make an agency shop agreement with an
24 employe organization which is qualified which would require that
25 each employe in an appropriate collective bargaining unit who is
26 not a member of the employe organization shall be required,
27 except as provided herein, as a condition of continued
28 employment, to pay to such organization for the period that it
29 is the exclusive representative, an amount equal to the dues
30 that a member is charged; however, an employe who is a member of
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1 and adheres to established and traditional tenents or teachings
2 of a bona fide religion, body or sect which had traditionally
3 held conscientious objections to financially supporting labor
4 organizations shall not be required to make any agency shop
5 payment as a condition of continued employment, but such employe
6 may be required, in lieu of such payment, to pay equivalent sums
7 to a nonreligious charitable fund or organization mutually
8 agreed upon by the employe and the employe organization which is
9 the exclusive representative, or, if agreement is not reached on
10 this matter, to any such fund or organization chosen by the
11 employe. An employe organization is qualified for agency shop if
12 it has established a procedure providing for the refund to any
13 employe so demanding of any part of an agency shop payment that
14 represents the employe's pro rata share of expenditures by the
15 organization for activities or causes of a political or
16 ideological nature unrelated to collective bargaining or terms
17 and conditions of employment.
18 Section 10. All acts and parts of acts are repealed insofar
19 as they are inconsistent with this act.
20 SECTION 11. (A) EXCEPT AS PROVIDED IN SUBSECTION (B), THE <--
21 PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF THIS
22 ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD
23 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
24 APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT THE
25 INVALID PROVISION OR APPLICATION.
26 (B) NOTWITHSTANDING SUBSECTION (A) AND 1 PA.C.S. § 1925
27 (RELATING TO CONSTITUTIONAL CONSTRUCTION OF STATUTES), THE
28 PROVISIONS OF SECTIONS 408.2 AND 2215 JOINTLY ARE MADE EXPRESSLY
29 NONSEVERABLE.
30 Section 11 12. (a) Section 1 of this act shall take effect <--
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1 July 1, 1986, or immediately, whichever is later.
2 (b) The remainder of this act shall take effect immediately.
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