SENATE AMENDED
PRIOR PRINTER'S NOS. 1667, 1951, 2056, PRINTER'S NO. 2354
2303
No. 1429 Session of 1989
INTRODUCED BY DeWEESE AND BROUJOS, MAY 22, 1989
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 30, 1989
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," further providing for
21 increased fees and additional fees for the Department of
22 Labor and Industry; FURTHER PROVIDING FOR THE <--
23 REESTABLISHMENT, ADMINISTRATION AND OPERATION OF THE STATE
24 PLANNING BOARD; AND FURTHER PROVIDING FOR NO-BID CONTRACTS <--
25 AND FOR CERTAIN PURCHASES IN THE OPEN MARKET BY INCREASING
26 THE COST OF SUCH PURCHASES; AND PROVIDING FOR SPECIAL STATE <--
27 DUTY FOR THE PENNSYLVANIA NATIONAL GUARD AND THE PAY FOR
28 ENLISTED PERSONNEL PERFORMING FEDERALLY FUNDED DUTY.
29 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 SECTION 1. AS MUCH AS RELATES TO THE STATE PLANNING BOARD IN <--
3 THE DEPARTMENT OF COMMERCE IN SECTION 202 OF THE ACT OF APRIL 9,
4 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
5 1929, REENACTED AND AMENDED JULY 9, 1976 (P.L.980, NO.197), IS
6 AMENDED TO READ:
7 SECTION 202. DEPARTMENTAL ADMINISTRATIVE BOARDS,
8 COMMISSIONS, AND OFFICES.--THE FOLLOWING BOARDS, COMMISSIONS,
9 AND OFFICES ARE HEREBY PLACED AND MADE DEPARTMENTAL
10 ADMINISTRATIVE BOARDS, COMMISSIONS, OR OFFICES, AS THE CASE MAY
11 BE, IN THE RESPECTIVE ADMINISTRATIVE DEPARTMENTS MENTIONED IN
12 THE PRECEDING SECTION, AS FOLLOWS:
13 * * *
14 IN THE DEPARTMENT OF COMMERCE,
15 [STATE PLANNING BOARD,]
16 NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS
17 NAVIGABLE TRIBUTARIES;
18 * * *
19 SECTION 2. SECTIONS 448(M) AND (O) OF THE ACT, ADDED AUGUST
20 11, 1967 (P.L.234, NO.87) AND MARCH 14, 1968 (P.L.57, NO.18),
21 ARE AMENDED TO READ:
22 SECTION 448. ADVISORY BOARDS AND COMMISSIONS.--THE ADVISORY
23 BOARDS AND COMMISSIONS, WITHIN THE SEVERAL ADMINISTRATIVE
24 DEPARTMENTS, SHALL BE CONSTITUTED AS FOLLOWS:
25 * * *
26 [(M) THE STATE PLANNING BOARD SHALL CONTINUE AS AN ADVISORY
27 BOARD IN THE GOVERNOR'S OFFICE AND AS IT IS PRESENTLY
28 CONSTITUTED AS PROVIDED IN REORGANIZATION PLAN NO.1 OF 1955,
29 PRINTED AT 1955 (P.L.2045), EXCEPT THAT IN ADDITION TO THE OTHER
30 MEMBERS THE SECRETARY OF AGRICULTURE AND THE SECRETARY OF
19890H1429B2354 - 2 -
1 COMMUNITY AFFAIRS SHALL BE EX OFFICIO MEMBERS THEREOF.]
2 * * *
3 [(O) THE STATE PLANNING BOARD SHALL CONTINUE AS AN ADVISORY
4 BOARD IN THE GOVERNOR'S OFFICE AND AS IT IS PRESENTLY
5 CONSTITUTED AS PROVIDED IN REORGANIZATION PLAN NO.1 OF 1955,
6 PRINTED AT 1955 (P.L.2045), EXCEPT THAT IN ADDITION TO THE OTHER
7 MEMBERS THE PRESIDENT PRO TEMPORE OF THE SENATE SHALL APPOINT
8 TWO MEMBERS, NEITHER OF WHOM SHALL BE MEMBERS OF THE SAME
9 POLITICAL PARTY, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
10 SHALL APPOINT TWO MEMBERS, NEITHER OF WHOM SHALL BE MEMBERS OF
11 THE SAME POLITICAL PARTY.]
12 * * *
13 SECTION 3. SECTION 451 OF THE ACT IS AMENDED TO READ:
14 SECTION 451. STATE PLANNING BOARD.--[THE STATE PLANNING
15 BOARD SHALL CONSIST OF THE SECRETARY OF COMMERCE, EX OFFICIO,
16 WHO SHALL BE CHAIRMAN OF THE BOARD, AND FIFTEEN MEMBERS TO BE
17 APPOINTED BY THE GOVERNOR FROM AMONG THE CITIZENS OF THE STATE,
18 WHO DURING THEIR TERMS SHALL HOLD NO OTHER STATE OFFICE TO WHICH
19 ANY SALARY IS ATTACHED. THE GOVERNOR MAY APPOINT AS ADDITIONAL
20 MEMBERS OF THE BOARD, JUDGES, OFFICIALS OF STATE DEPARTMENTS,
21 AGENCIES OR AUTHORITIES, OR MEMBERS OF THE GENERAL ASSEMBLY, FOR
22 SUCH TERMS AS HE MAY DETERMINE, BUT NOT BEYOND THEIR TERM OF
23 OFFICE IN SUCH OTHER STATE SERVICE. AT NO TIME SHALL THERE BE
24 MORE THAN TEN SUCH OFFICIAL MEMBERS. EXCEPT AS HEREINAFTER
25 PROVIDED, THE TERM OF OFFICE OF CITIZEN MEMBERS OF THE BOARD
26 SHALL BE FIVE YEARS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND
27 HAVE QUALIFIED. IN CASE OF A VACANCY, EXCEPT IN THE CASE OF THE
28 SECRETARY OF COMMERCE, THE GOVERNOR SHALL MAKE AN APPOINTMENT
29 FOR THE UNEXPIRED TERM. IN THE EVENT OF THE ENFORCED ABSENCE OR
30 INABILITY OF THE SECRETARY OF COMMERCE TO ACT, HIS DULY
19890H1429B2354 - 3 -
1 AUTHORIZED DEPUTY SHALL IN HIS STEAD BE TEMPORARY CHAIRMAN AND A
2 MEMBER OF THE BOARD.
3 THE MEMBERS OF THE STATE PLANNING BOARD AND THE STATE BOARD
4 OF HOUSING SERVING ON THE EFFECTIVE DATE OF THESE AMENDMENTS
5 SHALL CONTINUE TO SERVE AS MEMBERS OF THE STATE PLANNING BOARD,
6 AS HEREBY RECONSTITUTED, UNTIL THE EXPIRATION OF THE TERMS FOR
7 WHICH THEY WERE LAST APPOINTED.
8 EIGHT MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
9 THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION,
10 BUT SHALL BE ENTITLED TO RECEIVE TRAVELING AND OTHER EXPENSES
11 INCURRED IN THE DISCHARGE OF THEIR DUTIES.
12 THE BOARD MAY, WITH THE APPROVAL OF THE GOVERNOR, APPOINT AND
13 FIX THE COMPENSATION OF AN EXECUTIVE DIRECTOR WHO SHALL ACT AS
14 SECRETARY OF THE BOARD, AND WHO SHALL CONDUCT THE WORK OF THE
15 BOARD UNDER ITS SUPERVISION. THE EXECUTIVE DIRECTOR SHALL HOLD
16 NO OTHER POSITION IN THE SERVICE OF THE COMMONWEALTH, OR ANY
17 POLITICAL SUBDIVISION THEREOF, AND SHALL BE TECHNICALLY
18 QUALIFIED FOR THE DUTIES OF HIS OFFICE.] THE STATE PLANNING
19 BOARD SHALL BE AN ADVISORY BOARD WITHIN THE GOVERNOR'S OFFICE
20 WITH THE SAME STATUS UNDER THIS ACT AS THAT OF ADVISORY BOARDS.
21 (A) ORGANIZATION.--THE STATE PLANNING BOARD SHALL CONSIST OF
22 FIFTEEN MEMBERS TO BE APPOINTED BY THE GOVERNOR FROM AMONG THE
23 CITIZENS OF THE STATE, WHO DURING THEIR TERMS SHALL HOLD NO
24 OTHER OFFICE IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO
25 WHICH ANY SALARY IS ATTACHED. IN ADDITION TO THESE MEMBERS,
26 THERE SHALL BE SIX EX OFFICIO MEMBERS, THE SECRETARY OF
27 AGRICULTURE, THE SECRETARY OF COMMERCE, THE SECRETARY OF
28 COMMUNITY AFFAIRS, THE SECRETARY OF ENVIRONMENTAL RESOURCES, THE
29 SECRETARY OF PUBLIC WELFARE AND THE SECRETARY OF TRANSPORTATION.
30 THERE SHALL ALSO BE TWO MEMBERS APPOINTED BY, AND SERVE AT THE
19890H1429B2354 - 4 -
1 PLEASURE OF, THE PRESIDENT PRO TEMPORE OF THE SENATE, NEITHER OF
2 WHOM SHALL BE MEMBERS OF THE SAME POLITICAL PARTY, AND TWO
3 MEMBERS APPOINTED BY, AND SERVE AT THE PLEASURE OF, THE SPEAKER
4 OF THE HOUSE OF REPRESENTATIVES, NEITHER OF WHOM SHALL BE
5 MEMBERS OF THE SAME POLITICAL PARTY. THE TERMS OF OFFICE OF
6 THOSE MEMBERS APPOINTED BY THE GOVERNOR SHALL BE FOR FOUR YEARS
7 AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED. IN
8 CASE OF A VACANCY, THE GOVERNOR SHALL MAKE AN APPOINTMENT FOR
9 THE UNEXPIRED PORTION OF THE TERM. THE GOVERNOR SHALL DESIGNATE
10 THE CHAIRMAN AND VICE-CHAIRMAN OF THE BOARD FROM AMONG THE
11 MEMBERS OF THE BOARD, OTHER THAN THE EX OFFICIO AND LEGISLATIVE
12 MEMBERS.
13 THIRTEEN MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
14 THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION BUT
15 SHALL BE ENTITLED TO RECEIVE TRAVELING AND OTHER REASONABLE
16 EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES.
17 THE BOARD MAY, WITH THE APPROVAL OF THE GOVERNOR, APPOINT AND
18 FIX THE COMPENSATION OF AN EXECUTIVE DIRECTOR WHO SHALL BE
19 TECHNICALLY QUALIFIED FOR THE DUTIES OF THE OFFICE AND WHO SHALL
20 ACT AS SECRETARY OF THE BOARD AND CONDUCT THE WORK OF THE BOARD
21 UNDER ITS SUPERVISION.
22 (B) POWERS AND DUTIES.--THE BOARD SHALL HAVE THE FOLLOWING
23 POWERS AND DUTIES:
24 (1) CONDUCT RESEARCH AND COLLECT, COMPILE AND ANALYZE DATA
25 BEARING UPON SOCIAL, ECONOMIC, PHYSICAL, DEMOGRAPHIC AND OTHER
26 FACTORS WHICH MAY INFLUENCE THE PRESENT AND FUTURE WELFARE OF
27 THE COMMONWEALTH.
28 (2) MONITOR NATIONAL AND STATE TRENDS, IDENTIFY ISSUES OF
29 POTENTIAL INTEREST AND CONCERN TO THE COMMONWEALTH AND PREPARE
30 FOR THE GOVERNOR AND THE GENERAL ASSEMBLY ON AN ANNUAL BASIS, OR
19890H1429B2354 - 5 -
1 MORE OFTEN IF NECESSARY, REPORTS DETAILING THE FINDINGS OF THE
2 BOARD.
3 (3) DEVELOP STRATEGIC PLANS AND PROGRAMS TO PROMOTE AND
4 ENHANCE THE WELFARE OF THE COMMONWEALTH AND MAKE SUCH
5 RECOMMENDATIONS THEREON TO THE GOVERNOR AS IT MAY DEEM PROPER
6 AND ADVISABLE.
7 (4) SOLICIT INFORMATION AND INPUT FROM STATE AND LOCAL
8 GOVERNMENT OFFICIALS AND PRIVATE CITIZENS IN PENNSYLVANIA AS
9 PART OF THE PROCESS OF DEVELOPING STRATEGIC PLANS AND PROGRAMS.
10 (5) SUBMIT ANNUALLY TO THE GOVERNOR, THE PRESIDENT PRO
11 TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF
12 REPRESENTATIVES A REPORT ON ITS PROGRAM AND ACTIVITIES.
13 Section 1 4. Section 613-A of the act of April 9, 1929 <--
14 (P.L.177, No.175), known as The Administrative Code of 1929,
15 added July 1, 1981 (P.L.143, No.48), is amended to read:
16 Section 613-A. Department of Labor and Industry.--The
17 Department of Labor and Industry is authorized to charge fees
18 for the following purposes and in the following amounts:
19 [(1) Fees for boilers:
20 (i) Certificate of operations:
21 (A) Unfired pressure vessels by in-
22 surance inspectors, two-year fee. $10.00
23 (B) Unfired pressure vessels by State
24 inspectors....................... 5.00
25 (C) All other boilers................ 5.00
26 (ii) For the internal inspection of power
27 boilers, high pressure, high tempera-
28 ture water boilers and miniature
29 boilers, the fees shall be as follows:
30 (A) Boilers of 50 square feet of heat-
19890H1429B2354 - 6 -
1 ing surface or less.............. 7.50
2 (B) Boilers over 50 square feet of heat-
3 ing surface and less than 4,000
4 square feet of heating surface... 15.00
5 (C) Boilers over 4,000 square feet
6 of heating surface or more and
7 less than 10,000 square feet of
8 heating surface.................. 20.00
9 (D) Boilers over 10,000 square feet
10 of heating surface or more....... 25.00
11 (E) Miniature boilers................ 5.00
12 (iii) For the external inspection of
13 power boilers, high pressure and
14 high temperature water boilers,
15 the fees shall be as follows:
16 (A) Boilers of 50 square feet of heat-
17 ing surface or less.............. 5.00
18 (B) Boilers over 50 square feet of
19 heating surface.................. 7.00
20 (C) Not more than $32 plus the annual
21 certificate fee shall be collected
22 for any and all inspection above
23 of any boiler in any one year.
24 (iv) For the internal or external inspec-
25 tion of low pressure boilers, the
26 fees shall be as follows:
27 (A) Heating boilers without a man-
28 hole............................. 7.00
29 (B) Heating boilers with a manhole... 12.00
30 (C) Hot water supply boilers......... 5.00
19890H1429B2354 - 7 -
1 (D) Not more than $24 plus the annual
2 certificate fee shall be collect-
3 ed for any and all inspections as
4 above of any low pressure boiler
5 in any required inspection per-
6 iod.
7 (v) For the internal or external inspection
8 of pressure vessels, the fees shall be
9 as follows:
10 (A) Each pressure vessel subject to in-
11 spection having a cross sectional
12 area of 50 square feet or less... 5.00
13 (B) Each additional 100 square feet of
14 area in excess of 50 square feet. 5.00
15 (C) Not more than $50 shall be paid
16 for each inspection on any one
17 vessel.
18 (D) A group of pressure vessels, such
19 as the rolls of a paper machine
20 for dryer operating as a single
21 machine or unit, shall be con-
22 sidered one pressure vessel.
23 Not more than $50 plus annual
24 certificate fee shall be col-
25 lected for any and all inspec-
26 tions as above of any pressure
27 vessel in any required inspec-
28 tion period, except in such
29 cases where the vessel is moved.
30 (vi) Approval of plans:
19890H1429B2354 - 8 -
1 (A) Complete mechanical room draw-
2 ings - boilers and other vessels. 25.00
3 (B) High pressure boilers............ 10.00
4 (C) Low pressure boilers............. 10.00
5 (D) Liquefied petroleum plot plans... 10.00
6 (vii) Boiler inspectors:
7 (A) Inspector's examination fee...... 20.00
8 (B) Certificate of competency and
9 commission fee................... 9.50
10 (C) New credential card fee (annual
11 renewal)......................... 5.00
12 (viii) Hydrostatic test (witnessed)...... 10.00
13 (2) Fees for elevators:
14 (i) Inspector's examination fee.......... 50.00
15 (ii) Commission fee and initial creden-
16 tial card........................... 35.00
17 (iii) Renewal credential card fee........ 20.00
18 (iv) Elevator plans approval application:
19 (A) Passenger elevator............... 80.00
20 (B) Freight elevator................. 80.00
21 (C) Dumbwaiters...................... 80.00
22 (v) Renovation plans:
23 (A) All elevators.................... 50.00
24 (vi) Elevator and all other certificate
25 renewals........................... 15.00
26 (vii) Elevator inspections:
27 (A) Passenger per annum.............. 140.00
28 (B) Freight per annum................ 70.00
29 (C) Dumbwaiters, ski lifts, hoists... 35.00
30 (D) Building hoists.................. 35.00
19890H1429B2354 - 9 -
1 (3) Fees for liquefied petroleum gas:
2 (i) Bulk plants 30,000 gallons or less... 60.00
3 (ii) Bulk plants 30,001 - 90,000 gallons. 90.00
4 (iii) Bulk plants 90,001 or more gallons. 120.00
5 (iv) Industrial/utility users 2,001 -
6 30,000 gallons...................... 30.00
7 (v) Industrial/utility users 30,001 -
8 180,000 gallons..................... 60.00
9 (vi) Industrial/utility users 180,001 or
10 more gallons........................ 120.00
11 (vii) Dealers having less than 1,000
12 customers.......................... 75.00
13 (viii) Dealers having 1,000 - 2,999
14 customers......................... 150.00
15 (ix) Dealers having 3,000 - 5,999
16 customers........................... 225.00
17 (x) Dealers having 6,000 or more customers 300.00
18 (4) Fees for building plans approval......... actual cost
19 incurred in
20 examination]
21 (1) Fees for unfired pressure vessels and boilers:
22 (i) Certificate of operations:
23 (A) Unfired pressure vessels......... 30.00
24 (B) Boilers.......................... 15.00
25 (ii) For the internal inspection of power
26 boilers, high pressure, high tempera-
27 ture water boilers and miniature
28 boilers, the fees shall be as follows:
29 (A) Boilers of 50 square feet of heat-
30 ing surface or less.............. 15.00
19890H1429B2354 - 10 -
1 (B) Boilers over 50 square feet of heat-
2 ing surface and less than 4,000
3 square feet of heating surface... 25.00
4 (C) Boilers over 4,000 square feet
5 of heating surface or more and
6 less than 10,000 square feet of
7 heating surface.................. 35.00
8 (D) Boilers over 10,000 square feet
9 of heating surface or more....... 40.00
10 (E) Miniature boilers................ 10.00
11 (iii) For the external inspection of
12 power boilers, high pressure and
13 high temperature water boilers,
14 the fees shall be as follows:
15 (A) Boilers of 50 square feet of heat-
16 ing surface or less.............. 10.00
17 (B) Boilers over 50 square feet of
18 heating surface.................. 15.00
19 (C) Not more than $50 plus the annual
20 certificate fee shall be collected
21 for any and all inspection above
22 of any boiler in any one year.
23 (iv) For the internal or external inspec-
24 tion of low pressure boilers, the
25 fees shall be as follows:
26 (A) Heating boilers without a man-
27 hole............................. 12.50
28 (B) Heating boilers with a manhole... 15.00
29 (C) Hot water supply boilers......... 10.00
30 (D) Not more than $50 plus the annual
19890H1429B2354 - 11 -
1 certificate fee shall be collect-
2 ed for any and all inspections as
3 above of any low pressure boiler
4 in any required inspection per-
5 iod.
6 (v) For the internal or external inspection
7 of pressure vessels, the fees shall be
8 as follows:
9 (A) Each pressure vessel subject to in-
10 spection having a cross sectional
11 area of 50 square feet or less... 10.00
12 (B) Each additional 100 square feet of
13 area in excess of 50 square feet. 10.00
14 (C) Not more than $75 shall be paid
15 for each inspection on any one
16 vessel.
17 (D) A group of pressure vessels, such
18 as the rolls of a paper machine
19 for dryer operating as a single
20 machine or unit, shall be con-
21 sidered one pressure vessel.
22 Not more than $75 plus annual
23 certificate fee shall be col-
24 lected for any and all inspec-
25 tions as above of any pressure
26 vessel in any required inspec-
27 tion period, except in such
28 cases where the vessel is moved.
29 (vi) Approval of plans:
30 (A) Complete mechanical room draw-
19890H1429B2354 - 12 -
1 ings - boilers and other vessels. 50.00
2 (B) High pressure boilers............ 20.00
3 (C) Low pressure boilers............. 20.00
4 (vii) Boiler inspectors:
5 (A) Inspector's examination fee...... 30.00
6 (B) Certificate of competency and
7 commission fee................... 15.00
8 (C) New credential card fee (annual
9 renewal)......................... 10.00
10 (viii) Hydrostatic test (witnessed)...... 15.00
11 (ix) Onsite consultation fee (per hour).. 20.00
12 (x) Inspection of repair fee............. 10.00
13 (xi) ASME shop survey fee................
14 Full day............................. 500.00
15 Half day............................. 250.00
16 (xii) Copy of department boiler
17 regulations........................ 5.00
18 (xiii) Acceptance of boilers and pressure
19 vessels not originally destined for
20 use within the Commonwealth....... 500.00
21 (2) Fees for elevators:
22 (i) Inspector's examination fee.......... 50.00
23 (ii) Commission fee and initial creden-
24 tial card........................... 35.00
25 (iii) Renewal credential card fee........ 20.00
26 (iv) Plans approval application:
27 (A) Passenger, freight and combination
28 passenger/freight elevators except
29 hydraulic elevators:
30 (1) 1-7 floors................... 250.00
19890H1429B2354 - 13 -
1 (2) 8-20 floors.................. 300.00
2 (3) More than 20 floors.......... 350.00
3 (B) Hydraulic passenger, freight and
4 combination passenger/freight
5 elevators and other lifting
6 devices.......................... 200.00
7 (C) Ski Lifts........................ 350.00
8 (D) Escalators....................... 200.00
9 (v) Major repairs........................ 100.00
10 (vi) Certificate renewals................ 25.00
11 (vii) Elevator inspections:
12 (A) Passenger, freight and combination
13 passenger/freight elevators except
14 hydraulic elevators:
15 (1) 1-7 floors................. 65.00
16 (2) 8-20 floors................ 80.00
17 (3) More than 20 floors........ 100.00
18 (B) Hydraulic passenger, freight
19 and combination passenger/
20 freight elevators and other
21 lifting devices.................. 50.00
22 (C) Ski Lifts........................ 100.00
23 (D) Escalators....................... 65.00
24 (viii) Special approval.................. 350.00
25 (ix) Reinspection following failed initial
26 acceptance inspection............... 100.00
27 (x) Reinspection following
28 failure to correct violations
29 within allotted time period.......... 50.00
30 (xi) Copy of Department Elevator
19890H1429B2354 - 14 -
1 Regulations.......................... 5.00
2 (xii) Duplicate certificate of
3 operation.......................... 10.00
4 (3) Fees for liquefied petroleum gas:
5 (i) Bulk plants 30,000 gallons or less... 90.00
6 (ii) Bulk plants 30,001 - 90,000 gallons. 135.00
7 (iii) Bulk plants 90,001 or more gallons. 180.00
8 (iv) Industrial/utility users 2,001 -
9 30,000 gallons...................... 45.00
10 (v) Industrial/utility users 30,001 -
11 180,000 gallons...................... 90.00
12 (vi) Industrial/utility users 180,001 or
13 more gallons........................ 180.00
14 (vii) Dealers having less than 1,000
15 customers.......................... 112.50
16 (viii) Dealers having 1,000 - 2,999
17 customers......................... 235.00
18 (ix) Dealers having 3,000 - 5,999
19 customers........................... 337.50
20 (x) Dealers having 6,000 or more
21 customers............................ 450.00
22 (xi) LP Gas Plot Plan Fee................ 20.00
23 (xii) Copy of Department LP Gas
24 Regulations........................ 5.00
25 (4) Fees for building plans approval......... actual cost
26 incurred in
27 examination
28 (5) Fees for dry cleaning and
29 dyeing approval.......................... 75.00
30 (6) Fees for projectionist licensing
19890H1429B2354 - 15 -
1 Apprentice fee........................... 5.00
2 Examination fee.......................... 5.00
3 Renewal fee.............................. 10.00
4 Projectionist license.................... 7.50
5 Nontheatrical renewal.................... 3.00
6 Apprentice renewal....................... 2.00
7 (7) Fees for bedding and upholstery:
8 (i) Sale of stamps....................... 2 1/2 cents
9 (ii) Registration........................ 10.00
10 (iii) Manufacturers license.............. 50.00
11 (iv) Sterilization permit................ 25.00
12 (v) Sterilization renewal................ 10.00
13 (vi) Auctioneer permit................... 25.00
14 (vii) Auctioneer renewal................. 10.00
15 (viii) Quarterly reports................. 2 1/2 cents
16 (8) Fees for private employment
17 agency licenses:
18 (i) Agency licenses...................... 300.00
19 (ii) Counselor licenses.................. 50.00
20 (iii) Counselor license renewal.......... 10.00
21 SECTION 5. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
22 SECTION 1415. USE OF PENNSYLVANIA NATIONAL GUARD FOR SPECIAL
23 STATE DUTY.--(A) THE GOVERNOR MAY PLACE, OR DELEGATE AUTHORITY
24 TO THE ADJUTANT GENERAL TO ORDER, ANY VOLUNTEER MEMBER OF THE
25 PENNSYLVANIA NATIONAL GUARD OR, WHEN UNAVAILABLE DUE TO CALL OR
26 ORDER INTO THE SERVICE OF THE UNITED STATES, ANY MEMBER OF THE
27 PENNSYLVANIA GUARD ON SPECIAL STATE DUTY TO RESPOND TO COMMUNITY
28 NEEDS, SUPPORT COMMONWEALTH FUNCTIONS AND CEREMONIES,
29 PARTICIPATE IN COURTS-MARTIAL AND BOARD FUNCTIONS, SUPPORT
30 FEDERAL, STATE AND LOCAL DRUG ERADICATION AND INTERDICTION
19890H1429B2354 - 16 -
1 OPERATIONS AND PERFORM OTHER NECESSARY MILITARY DUTIES TO THE
2 EXTENT THAT FUNDS ARE APPROPRIATED AND AVAILABLE FOR SPECIAL
3 STATE DUTY.
4 (B) WHENEVER MEMBERS OF THE PENNSYLVANIA NATIONAL GUARD OR
5 PENNSYLVANIA GUARD ARE ORDERED TO SPECIAL STATE DUTY IN SUPPORT
6 OF FEDERAL, STATE AND LOCAL DRUG OPERATIONS, THE GOVERNOR SHALL
7 ANNUALLY, BY APRIL 1, SUBMIT A REPORT TO THE GENERAL ASSEMBLY
8 SETTING FORTH THE TYPES OF DRUG OPERATIONS PERFORMED, THE NUMBER
9 AND TYPES OF PERSONNEL INVOLVED, TYPES OF EQUIPMENT AND SYSTEMS
10 UTILIZED, AND ANY PROBLEMS ENCOUNTERED IN MATTERS OF
11 JURISDICTION, COMMAND AND CONTROL, HOSTILE ENCOUNTERS, AND
12 OPERATION APPROVAL PROCEDURES. THE REPORT SHALL INCLUDE A
13 BREAKDOWN OF SUPPORT PROVIDED IN THE NORMAL COURSE OF TRAINING
14 AND SUPPORT SUBSTANTIALLY EQUIVALENT TO TRAINING.
15 (C) SPECIAL STATE DUTY SHALL NOT BE PROVIDED IF THE
16 PROVISION OF SUCH SUPPORT WILL ADVERSELY AFFECT THE ABILITY OF
17 THE PENNSYLVANIA NATIONAL GUARD OR PENNSYLVANIA GUARD TO PERFORM
18 ITS PRIMARY MILITARY PREPAREDNESS MISSIONS.
19 (D) IN ADDITION TO THE POWERS AND DUTIES OF THE ADJUTANT
20 GENERAL PURSUANT TO TITLE 51 OF THE PENNSYLVANIA CONSOLIDATED
21 STATUTES (RELATING TO MILITARY), THE ADJUTANT GENERAL IS HEREBY
22 AUTHORIZED AND DIRECTED TO ORDER MEMBERS OF THE PENNSYLVANIA
23 NATIONAL GUARD TO SPECIAL STATE DUTY UNDER SUBSECTION (A).
24 (E) OFFICERS AND ENLISTED PERSONNEL ORDERED ON SPECIAL STATE
25 DUTY FOR WHICH PAY IS AUTHORIZED UNDER THE ORDER PRESCRIBING THE
26 PERFORMANCE THEREOF SHALL RECEIVE THE PAY AND ALLOWANCES OF
27 THEIR RESPECTIVE GRADES DURING THE TIME THEY MAY CONTINUE UPON
28 DUTY UNDER SUCH ORDER. THE PAY AUTHORIZED BY THIS SUBSECTION
29 SHALL NOT BE LESS THAN $45 PER DAY.
30 (F) "SPECIAL STATE DUTY" MEANS STATE MILITARY DUTY BY THE
19890H1429B2354 - 17 -
1 PENNSYLVANIA MILITARY FORCES AS AUTHORIZED BY THIS SECTION. THE
2 TERM DOES NOT INCLUDE ACTIVE STATE DUTY AUTHORIZED BY 51 PA.C.S.
3 § 508 (RELATING TO ACTIVE STATE DUTY FOR EMERGENCY) OR DUTY
4 AUTHORIZED AND FUNDED UNDER TITLE 10 OF THE UNITED STATES CODE
5 (RELATING TO ARMED FORCES) AND TITLE 32 OF THE UNITED STATES
6 CODE (RELATING TO NATIONAL GUARD).
7 SECTION 1416. SUPPLEMENTAL PAY FOR ENLISTED PERSONNEL
8 PERFORMING FEDERALLY FUNDED DUTY.--WHENEVER ANY MEMBER OF THE
9 PENNSYLVANIA NATIONAL GUARD IS ORDERED TO FEDERALLY FUNDED DUTY
10 UNDER TITLE 32 OF THE UNITED STATES CODE (RELATING TO NATIONAL
11 GUARD) FOR THE PURPOSE OF DRUG ERADICATION OR INTERDICTION
12 WITHIN THIS COMMONWEALTH, THE ADJUTANT GENERAL SHALL BE
13 AUTHORIZED, TO THE EXTENT THAT COMMONWEALTH FUNDS ARE
14 APPROPRIATED AND AVAILABLE FOR SUCH PURPOSE, TO SUPPLEMENT THE
15 FEDERAL PAY AND ALLOWANCES OF SUCH PERSONNEL SO THAT IT IS NOT
16 LESS THAN $45 PER DAY.
17 SECTION 5 6. SECTION 2002(A)(13) AND (15) OF THE ACT, <--
18 AMENDED MARCH 13, 1974 (P.L.188, NO.34) AND DECEMBER 7, 1979
19 (P.L.478, NO.100), ARE AMENDED TO READ:
20 SECTION 2002. POWERS AND DUTIES OF THE DEPARTMENT.--(A) THE
21 DEPARTMENT OF TRANSPORTATION IN ACCORD WITH APPROPRIATIONS MADE
22 BY THE GENERAL ASSEMBLY, AND GRANTS OF FUNDS FROM FEDERAL,
23 STATE, REGIONAL, LOCAL OR PRIVATE AGENCIES, SHALL HAVE THE
24 POWER, AND ITS DUTY SHALL BE:
25 * * *
26 (13) TO PREPARE AND SUBMIT EVERY EVEN-NUMBERED YEAR PRIOR TO
27 THE FIRST DAY OF SEPTEMBER, TO THE STATE TRANSPORTATION
28 COMMISSION FOR ITS CONSIDERATION, A PROGRAM WHICH IT RECOMMENDS
29 TO BE UNDERTAKEN BY THE DEPARTMENT OF TRANSPORTATION DURING THE
30 TWELVE FISCAL YEARS NEXT ENSUING. EACH TWO YEARS THEREAFTER, THE
19890H1429B2354 - 18 -
1 DEPARTMENT OF TRANSPORTATION, TAKING INTO CONSIDERATION THE
2 RECOMMENDATIONS OF THE STATE TRANSPORTATION COMMISSION, AND
3 OTHER RELEVANT INFORMATION, SHALL REVIEW, REVISE, ADJUST AND
4 EXTEND ITS CONSTRUCTION PROGRAM FOR TWO YEARS. [THE PREPARATION
5 AND CONSIDERATION OF THE PROGRAM SHALL BE COORDINATED WITH THE
6 PREPARATION AND CONSIDERATION OF THE COMMONWEALTH'S CAPITAL
7 PROGRAM BY THE STATE PLANNING BOARD.]
8 COPIES OF CONSTRUCTION PROGRAMS SHALL BE SUPPLIED TO THE
9 MEMBERS OF THE GENERAL ASSEMBLY AND SHALL BE OPEN TO THE PUBLIC
10 FOR INSPECTION AND SHALL BE MADE AVAILABLE TO INTERESTED
11 PERSONS. THE PRIORITY OF IMPROVEMENT SHALL BE BASED UPON
12 RELATIVE NEED AND SUFFICIENCY RATINGS MAINTAINED BY THE
13 DEPARTMENT.
14 * * *
15 (15) TO CONSULT WITH APPROPRIATE OFFICIALS AS DESIGNATED BY
16 THE CHIEF ADMINISTRATIVE OFFICER OF THE DEPARTMENT OF
17 AGRICULTURE, THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, THE
18 DEPARTMENT OF COMMUNITY AFFAIRS, THE DEPARTMENT OF HEALTH[,
19 STATE PLANNING BOARD] AND THE FISH COMMISSION REGARDING THE
20 ENVIRONMENTAL HAZARDS AND THE AGRICULTURAL, CONSERVATION,
21 SANITARY, RECREATION AND SOCIAL CONSIDERATIONS THAT MAY ARISE BY
22 REASON OF THE LOCATION, DESIGN, CONSTRUCTION OR RECONSTRUCTION
23 OF ANY TRANSPORTATION OR AIR FACILITY.
24 NO HIGHWAY, TRANSIT LINE, HIGHWAY INTERCHANGE, AIRPORT, OR
25 OTHER TRANSPORTATION CORRIDOR OR FACILITY, SHALL BE BUILT OR
26 EXPANDED IN SUCH A WAY AS TO USE ANY LAND FROM ANY RECREATION
27 AREA, WILDLIFE AND/OR WATERFOWL REFUGE, HISTORIC SITE, STATE
28 FOREST LAND, STATE GAME LAND, WILDERNESS AREAS OR PUBLIC PARK
29 UNLESS: (I) THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE
30 USE OF SUCH LAND, AND (II) SUCH CORRIDOR OR FACILITY IS PLANNED
19890H1429B2354 - 19 -
1 AND CONSTRUCTED SO AS TO MINIMIZE HARM TO SUCH RECREATION AREA,
2 WILDLIFE AND/OR WATERFOWL REFUGE, HISTORIC SITE, STATE FOREST
3 LAND, STATE GAME LAND, WILDERNESS AREA, OR PUBLIC PARK.
4 * * *
5 SECTION 6 7. SECTION 2409(X) OF THE ACT, AMENDED DECEMBER <--
6 19, 1980 (P.L.1333, NO.244), IS AMENDED TO READ:
7 SECTION 2409. METHOD OF AWARDING CONTRACTS FOR STATIONERY,
8 PAPER, FUEL, REPAIRS, FURNISHINGS, AND SUPPLIES.--* * *
9 (X) IN THE EVENT THAT REQUISITIONS ARE MADE UPON THE
10 DEPARTMENT FOR ANY ARTICLE OF FURNITURE, FURNISHING, STATIONERY,
11 SUPPLIES, FUEL, OR ANY OTHER MATTER OR THING, THE WANT OF WHICH
12 WAS NOT ANTICIPATED AT THE TIME OF THE MAKING OF THE SCHEDULES,
13 THE DEPARTMENT MAY, IN ITS DISCRETION, INVITE PROPOSALS FROM AT
14 LEAST [TWO] THREE RESPONSIBLE BIDDERS, UNLESS THE ARTICLE CAN BE
15 PROCURED FROM ONLY ONE SOURCE, AND, WHEN ONE PROPOSAL SHALL BE
16 INVITED, SUCH PROPOSAL OR PROPOSALS, TOGETHER WITH SUCH
17 REQUISITION OR REQUISITIONS, SHALL BE SUBMITTED TO THE BOARD OF
18 COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS FOR APPROVAL OR
19 DISAPPROVAL: PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY, IN ITS
20 DISCRETION, PURCHASE IN THE OPEN MARKET, WITHOUT INVITING ANY
21 PROPOSAL, ANY SUCH ARTICLE COSTING LESS THAN [THREE HUNDRED
22 DOLLARS] ONE THOUSAND FIVE HUNDRED DOLLARS, BUT ALL SUCH
23 PURCHASES SHALL BE REPORTED TO THE BOARD OF COMMISSIONERS OF
24 PUBLIC GROUNDS AND BUILDINGS AT ITS NEXT MEETING.
25 * * *
26 SECTION 7 8. SECTION 2502-B OF THE ACT IS REPEALED. <--
27 SECTION 8 9. (A) THIS ACT, WITH RESPECT TO THE STATE <--
28 PLANNING BOARD, SHALL CONSTITUTE THE LEGISLATION NECESSARY TO
29 REESTABLISH THE BOARD UNDER THE ACT OF DECEMBER 22, 1981
30 (P.L.508, NO.142), KNOWN AS THE SUNSET ACT.
19890H1429B2354 - 20 -
1 (B) PERSONS WHO ARE MEMBERS OF THE STATE PLANNING BOARD, ON
2 THE EFFECTIVE DATE OF THIS ACT, SHALL CONTINUE TO SERVE ON THE
3 BOARD PROVIDED FOR IN THIS ACT UNTIL THEIR CURRENT TERMS EXPIRE
4 AND UNTIL THEIR SUCCESSORS ARE DULY APPROVED AND QUALIFIED.
5 Section 2 9 10. (A) The following acts and parts of acts <--
6 are repealed insofar as they are inconsistent with the fees set
7 forth in section 4 of this act:
8 Section 7 of the act of April 27, 1927 (P.L.465, No.299),
9 referred to as the Fire and Panic Act.
10 Section 4.2 of the act of May 2, 1929 (P.L.1513, No.451),
11 referred to as the Boiler Regulation Law.
12 Sections 6, 8 and 9 of the act of May 27, 1937 (P.L.926,
13 No.249), referred to as the Bedding and Upholstery Law.
14 Section 10 of the act of July 31, 1941 (P.L.616, No.261),
15 known as the Employment Agency Law.
16 Section 12 of the act of May 14, 1949 (P.L.1342, No.402),
17 known as the Dry Cleaning and Dyeing Law.
18 Section 3. This act shall take effect in 60 days. <--
19 (B) SECTION 7.1 OF THE ACT OF MAY 10, 1939 (P.L.111, NO.51), <--
20 KNOWN AS THE COMMERCE LAW, IS REPEALED.
21 (C) REORGANIZATION PLAN NO. 1 OF 1955 (P.L.2045) IS
22 ABROGATED.
23 SECTION 10 11. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
24 (1) SECTIONS 4 (SECTION 613-A) AND 9(A) 10(A) OF THIS <--
25 ACT SHALL TAKE EFFECT IN 60 DAYS.
26 (2) SECTION 5 (SECTIONS 1415 AND 1416) SHALL TAKE EFFECT
27 IMMEDIATELY.
28 (2) (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JULY <--
29 1, 1989.
C30L71RZ/19890H1429B2354 - 21 -