PRIOR PRINTER'S NO. 1301                      PRINTER'S NO. 1464

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1143 Session of 1991


        INTRODUCED BY EVANS, STUBAN, NAHILL, HAGARTY, JOSEPHS,
           E. Z. TAYLOR, PETRONE, HERMAN, KUKOVICH, HAYDEN, BATTISTO,
           KOSINSKI, PETRARCA, CAPPABIANCA, STISH, FREEMAN, TIGUE,
           WAMBACH, TRICH, TRELLO, COHEN, ROEBUCK, DALEY, MICHLOVIC,
           BISHOP, BELFANTI, BELARDI, MIHALICH, STURLA, VAN HORNE,
           RAYMOND, MICOZZIE, ITKIN, RUDY, LUCYK, VEON, COY, COLAIZZO,
           ROBINSON, BLAUM, PESCI, LAUGHLIN, HARPER, DeLUCA, GODSHALL,
           GIGLIOTTI, KENNEY, STABACK, FOX, LINTON, PISTELLA, MAIALE,
           KASUNIC, DeWEESE, McCALL, SURRA, RITTER, KRUSZEWSKI, BUNT,
           WILLIAMS, LaGROTTA, HUGHES, MARKOSEK, HALUSKA, STETLER,
           RICHARDSON, S. H. SMITH AND SCRIMENTI, APRIL 16, 1991

        AS REPORTED FROM COMMITTEE ON AGING AND YOUTH, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 23, 1991

                                     AN ACT

     1  Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
     2     act to consolidate, editorially revise, and codify the public
     3     welfare laws of the Commonwealth," providing for training for
     4     family day-care providers; providing for an annual State plan
     5     for child-care services; further providing for powers and
     6     duties of the Department of Public Welfare; and making
     7     repeals.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  The heading of Article VI of the act of June 13,
    11  1967 (P.L.31, No.21), known as the Public Welfare Code, is
    12  amended and the article is amended by adding subarticles to
    13  read:
    14                             ARTICLE VI
    15                   [THE AGED] CHILD CARE SERVICES


     1                      (a)  General Provisions
     2     Section 601.  Definitions.--As used in this article--
     3     "Child care" means care in lieu of parental care given for
     4  part of the twenty-four hour day to children under sixteen years
     5  of age, away from their own homes, but does not include child
     6  care furnished in places of worship during religious services.
     7     "CHILD CARE RESOURCE AND REFERRAL AGENCY" MEANS A PUBLIC OR    <--
     8  PRIVATE NONPROFIT ENTITY THAT PERFORMS FUNCTIONS RELATED TO
     9  CHILD CARE RESOURCE AND REFERRAL SERVICES. THE TERM INCLUDES AN
    10  ASSOCIATION OR A CORPORATION.
    11            (b)  Annual Plan and Demonstration Projects
    12     Section 611.  Annual State Plan for Child Care Services.--(a)
    13  Through an annual State plan on child care services, the
    14  department shall establish goals and objectives and review and
    15  assess the State's child care and early childhood development
    16  service delivery system, including State efforts to assure the
    17  provision of accessible, available and affordable quality child
    18  care services. The plan shall be developed in relation to
    19  Statewide and local needs for child care services AND SHALL TAKE  <--
    20  INTO CONSIDERATION AVAILABLE DEMOGRAPHIC STUDIES PERTAINING TO
    21  CHILD CARE NEEDS.
    22     (b)  No later than the first full week in February of each
    23  year, except in the case where a Governor has been elected for
    24  his first term of office and then no later than the first full
    25  week in March, the department shall submit to the Aging and
    26  Youth Committee and the Appropriations Committee of the Senate,
    27  and the Aging and Youth Committee and the Appropriations
    28  Committee of the House of Representatives, a preliminary State
    29  plan on child care services. A final State plan shall be
    30  submitted by the first week of September of each year.
    19910H1143B1464                  - 2 -

     1     (c)  In the development and implementation of an annual State
     2  plan on child care services, the department shall promote common
     3  policies and practices in all child care programs to the fullest
     4  extent possible and develop mechanisms for interagency
     5  collaboration to create a coordinated State child care and early
     6  childhood development delivery system. This shall include
     7  consistency in the application process, reimbursement rates,
     8  income eligibility criteria and parent fee scales.
     9     (d)  To prepare the preliminary State plan, the department
    10  shall hold at least four public hearings in different geographic
    11  locations in this Commonwealth to seek input and recommendations
    12  from parents, child development professionals, child care
    13  providers, child advocates, educators, representatives of local
    14  government, health and human service organizations, health
    15  professionals, labor organizations, businesses, school officials
    16  and any other individuals or agencies interested in child care
    17  issues.
    18     (e)  The preliminary and final State plan shall include, but
    19  not be limited to, the following information:
    20     (1)  The amount of Federal, State and local funds expended
    21  for child care services and early childhood development programs
    22  and the allocation of these funds. Funding shall include, but
    23  not be limited to, funding through the Social Services Block
    24  Grant Act (Public Law 97-35, 42 U.S.C. § 1397 et seq.), Title IV
    25  of the Social Security Act (Public Law 74-271, 42 U.S.C. § 601
    26  et seq.) and the Child Care and Development Block Grant Act of
    27  1990 at section 5082 of the Omnibus Budget Reconciliation Act of
    28  1990 (Public Law 101-508, 104 Stat. 1388).
    29     (2)  A STATE PROFILE OF CHILD CARE AND EARLY CHILDHOOD         <--
    30  DEVELOPMENT PROGRAMS IN THIS COMMONWEALTH WITH INFORMATION
    19910H1143B1464                  - 3 -

     1  REGARDING A DESCRIPTION OF THE VARIOUS TYPES OF CHILD CARE
     2  SERVICES AND EARLY CHILDHOOD DEVELOPMENT PROGRAMS AVAILABLE IN
     3  THIS COMMONWEALTH, INCLUDING, BUT NOT LIMITED TO, CHILD DAY CARE
     4  CENTERS, GROUP DAY CARE HOMES, FAMILY DAY CARE HOMES, SCHOOL-AGE
     5  PROGRAMS, SICK CARE PROGRAMS AND HEADSTART PROGRAMS.
     6     (2) (3)  The number of child care slots; the type of care by   <--
     7  age utilized by children assisted with Federal, State and local
     8  funds, including Headstart and school-age child care programs;
     9  the unduplicated number of children who fill these slots; the
    10  funding source for the slots; and the child care capacity of
    11  regulated providers.
    12     (3) (4)  Income eligibility guidelines for Federally and       <--
    13  State funded child care services, sliding fee scales, and the
    14  extent to which the income guidelines and fee scales are
    15  adjusted to reflect the most recent available State income data.
    16     (4) (5)  The State's practices regarding the monitoring of     <--
    17  child care programs to ensure the health, safety and welfare of
    18  children. In describing the monitoring system, the department
    19  shall identify the extent of announced and unannounced
    20  inspections of child care providers, the level of compliance
    21  with State standards and the staff-to-provider ratio to
    22  accomplish this task. Recommendations on ways to improve both
    23  the enforcement and monitoring of standards and compliance with
    24  standards shall also be included.
    25     (5) (6)  The department's coordination, identification or      <--
    26  arrangement of training for child care providers in specific
    27  program areas that are designed to improve the quality of child
    28  care. The department shall identify any Federal, State, local or
    29  private funding allocated for training, the objectives of the
    30  training, the way in which training will be accomplished and an
    19910H1143B1464                  - 4 -

     1  evaluation of the previous year's training programs.
     2     (6) (7)  An analysis of any recent demonstration projects      <--
     3  established by the department using Federal or State funds, or
     4  both, along with a summary of the cost of the projects and the
     5  department's findings and recommendations.
     6     (7) (8)  A summary of any recent reports, data or surveys      <--
     7  concerning the compensation of child care workers, the State's
     8  reimbursement rates and any changes in rates recommended by the
     9  department.
    10     (9)  A SUMMARY OF AVAILABLE DEMOGRAPHIC STUDIES RELATED TO     <--
    11  CHILD CARE NEEDS, AND A SUMMARY OF THE DEPARTMENT'S EFFORTS TO
    12  INCLUDE THIS INFORMATION IN THE STATE PLAN.
    13     (8) (10)  Efforts by the private sector and State and local    <--
    14  government to encourage employer-sponsored child care services
    15  and policies aimed at addressing child care needs of working
    16  parents.
    17     (9) (11)  Identification of the responsibilities or programs   <--
    18  of various State departments with respect to child care services
    19  and the extent to which coordination between agencies is
    20  addressed. The department will describe its responsibilities,
    21  under various program offices, as well as those of the
    22  Department of Aging, the Department of Commerce, the Department
    23  of Community Affairs, the Department of Education, the
    24  Department of Health, and the Department of Labor and Industry.
    25     (10) (12)  Standards developed for child care providers who    <--
    26  are not required to be regulated by State law and who are         <--
    27  eligible to receive payment through a Federal or State CHILD      <--
    28  CARE program. These standards shall relate to the health, safety
    29  and developmental needs of children.
    30     (11) (13)  Identification of gaps in child care services,      <--
    19910H1143B1464                  - 5 -

     1  unmet needs, administrative barriers that serve as obstacles to
     2  obtaining child care and recommendations on how the State can
     3  address these issues.
     4     (14)  IDENTIFICATION OF FAMILY DAY CARE AGENCY LOCATIONS AND   <--
     5  A DESCRIPTION OF THE DEPARTMENT'S EFFORTS TO UTILIZE THE
     6  AGENCIES AS PERFORMERS OF THE ADMINISTRATIVE FUNCTIONS OUTLINED
     7  IN THE DEFINITION OF "FAMILY DAY CARE AGENCY" IN SECTION 1001.
     8     Section 612.  Contracting with Providers of Child Care
     9  Services.--(a)  It shall be the goal of the department in its
    10  administration of Federal and State dollars allocated for
    11  subsidized child care services to establish a child care
    12  delivery system that is designed to meet the needs of eligible
    13  children and families. In furtherance of that goal, it shall be
    14  the department's responsibility in the development of a child
    15  care service delivery system and in its policies and procedures
    16  to support, to the fullest extent possible, a stable, diverse
    17  source of child care providers from which parents can choose
    18  quality child care that is affordable and accessible.
    19     (b)  To avoid the disruption of services to children and
    20  families, the department shall have the right to enter into
    21  contracts with child care providers for a specific number of
    22  slots and shall not require competitive bidding for the child
    23  care contracts if any of the following conditions exist:
    24     (1)  The provider primarily serves low-income families.
    25     (2)  The facility is located in the low-income community
    26  where the children and their families reside.
    27     (3)  Transportation from the community to alternative child
    28  care facilities would impose hardships on parents.
    29     (4)  The providers meet special needs of parents and
    30  children, including, but not limited to, children with
    19910H1143B1464                  - 6 -

     1  developmental disabilities and foreign speaking populations.
     2     (5)  The loss of service will have an adverse impact on
     3  parents in need of child care in that community.
     4     Section 613.  Demonstration Projects and Evaluation.--(a)
     5  The department shall have the authority to develop demonstration
     6  projects to test new concepts and methods in delivering child
     7  care services on a trial basis. SUCH PROJECT SHALL BE             <--
     8  DISTRIBUTED EQUITABLY ON A GEOGRAPHIC BASIS THROUGHOUT THIS
     9  COMMONWEALTH.
    10     (b)  The evaluation of a demonstration project shall be
    11  required if Federal or State funds are used to finance the
    12  project. An evaluation shall set forth the department's goals
    13  and objectives for the project, a detailed description of it,
    14  pertinent information and data collected, the costs associated
    15  with the demonstration and findings and recommendations. The
    16  evaluation shall include an explanation regarding the extent to
    17  which the department's original goals and objectives were
    18  achieved and what modifications were required during the
    19  project.
    20     (c)  The evaluation of a demonstration project of twelve
    21  months or less in duration, shall be submitted to the Aging and
    22  Youth Committee and the Appropriations Committee of the Senate,
    23  and the Aging and Youth Committee and the Appropriations
    24  Committee of the House of Representatives within eighteen months
    25  of the project's inception. In the event that a demonstration
    26  project is in operation for more than twelve months, an interim
    27  evaluation shall be submitted to the same committees within
    28  eighteen months of the project's inception, and a final
    29  evaluation shall be submitted within six months of the
    30  completion of the project. No demonstration project can be
    19910H1143B1464                  - 7 -

     1  funded as a demonstration for more than three years.
     2     Section 614.  Establishment of Child Care Resource and
     3  Referral Demonstration Projects.--(a)  The department shall
     4  establish four demonstration projects in TO BE DISTRIBUTED        <--
     5  EQUITABLY ON A GEOGRAPHIC BASIS THROUGHOUT this Commonwealth to
     6  evaluate the development, maintenance and expansion of quality
     7  child care through child care resource and referral programs. In
     8  addition, these demonstration projects shall assess the role of
     9  a child care resource and referral agency in furthering the
    10  department's goal to improve access to child care, quality of
    11  child care, monitoring of child care and planning for child care
    12  services. The administration of public funding for subsidized
    13  child care programs shall not be a required function of a
    14  demonstration project.
    15     (b)  The projects established under subsection (a) shall
    16  operate for at least two years. They may be continued if funding
    17  is available.
    18     Section 615.  Eligibility.--A child care resource and
    19  referral agency is eligible to provide a demonstration project
    20  under section 614 if it can demonstrate, through past
    21  performance or current service, ability to effectively perform
    22  the functions under section 616 and if it can provide evidence
    23  that it has served low-income families.
    24     Section 616.  Function.--A child care resource and referral
    25  agency must provide, at a minimum, the following services:
    26     (1)  Identification of all regulated child care services in a
    27  defined geographical and service-delivery area.
    28     (2)  Maintenance of a regularly updated resource file of
    29  services and vacancies.
    30     (3)  Public education about the availability, cost, standards
    19910H1143B1464                  - 8 -

     1  and types of child care programs in a defined geographical and
     2  service-delivery area.
     3     (4)  Assistance to parents in evaluating child care needs and
     4  appropriateness of types of care.
     5     (5)  Referrals to child care services near the home, work
     6  area, or facility where the parent is attending school or
     7  receiving job training.
     8     (6)  Providing caregivers with training workshops, assistance
     9  in filling vacancies, advocacy for attaining professional
    10  status, opportunities for sharing information and experiences
    11  and access to ongoing educational certification programs.
    12     (7)  Provision of start-up information, INCLUDING INFORMATION  <--
    13  ON RELEVANT CHILD CARE LAWS AND REGULATIONS, for potential child
    14  care providers to stimulate the supply of child care resources.
    15     (8)  Ability to respond to requests from businesses for
    16  information or services designed to meet the child care needs of
    17  their employes.
    18     (9)  Documentation and tabulation of data pertaining to
    19  parent requests, consumer complaints and employer-sponsored
    20  child care services that will assist in community and State
    21  planning and identification of needs.
    22     (10)  Procedures for handling complaints related to child day
    23  care programs and referral of day care programs under
    24  investigation by the department.
    25     (11)  Establishment of fees, where necessary, to defray the    <--
    26  cost of child care resource and referral services.
    27     (12) (11)  Establishment of procedures that ensure the         <--
    28  confidentiality of children and parents who utilize the agency's
    29  services.
    30     SECTION 617.  ESTABLISHMENT OF FEES.--A CHILD CARE RESOURCE    <--
    19910H1143B1464                  - 9 -

     1  AND REFERRAL AGENCY MAY ESTABLISH REASONABLE FEES WHERE
     2  NECESSARY, SUBJECT TO THE APPROVAL OF THE DEPARTMENT, TO DEFRAY
     3  THE COST OF CHILD CARE RESOURCE AND REFERRAL SERVICES.
     4     Section 617 618.  Reports.--Within eighteen months of the      <--
     5  inception of a demonstration project under section 614, the
     6  department shall submit to the Aging and Youth Committee of the
     7  Senate and the Appropriations Committee of the Senate and the
     8  Aging and Youth Committee of the House of Representatives and
     9  the Appropriations Committee of the House of Representatives an
    10  interim report that describes the demonstration projects
    11  selected by the department AS PROVIDED FOR IN SECTION 613. A      <--
    12  final report shall be submitted to the same committees within
    13  six months of a project's completion. The report shall include,
    14  along with recommendations, the department's findings relating
    15  to numbers of parents and children served; extent of assistance
    16  given to caregivers, parents and employes; cost of child care
    17  resource and referral services; the availability of private,
    18  corporate and government funding for the development and
    19  maintenance of resource and referral agencies; and the project's
    20  impact on quality and availability of child care in a
    21  geographically defined area.
    22                           (c)  Training
    23     Section 631.  Training for Family Day Care Providers.--(a)
    24  The department shall arrange for training for prospective and
    25  current family day care providers. The training shall cover, at
    26  a minimum, the following areas, as they relate to child care:
    27     (1)  First aid and basic safety, resulting in certification
    28  in standard first aid and community cardiopulmonary
    29  resuscitation.
    30     (2)  Child development, including information on
    19910H1143B1464                 - 10 -

     1  characteristics of infants and preschool and school-age children
     2  that can assist caregivers in nurturing the physical, social,
     3  emotional and intellectual growth of each child.
     4     (3)  Nutrition, including the Child Care Food Program
     5  sponsored by the United States Department of Agriculture.
     6     (4)  Health care and hygiene, including washing hands before
     7  handling food, care of diapers and toilet areas.
     8     (5)  Small business management skills, including budgets and
     9  recordkeeping.
    10     (6)  Discipline and guidance of children.
    11     (7)  Creative programming and development of proper learning
    12  environments for children.
    13     (8)  Utilization of community resources.
    14     (9)  Development of communication skills of caregivers with
    15  parents and families.
    16     (b)  The department shall encourage but not require family
    17  day care providers to participate in the training made available
    18  under this section.
    19     Section 2.  The definition of "children's institutions" in
    20  section 901 of the act, amended December 5, 1980 (P.L.1112,
    21  No.193), is amended to read:
    22     Section 901.  Definitions.--As used in this article--
    23     "Children's institutions" means any incorporated or
    24  unincorporated organization, society, corporation or agency,
    25  public or private, which may receive or care for children, or
    26  place them in foster family homes, either at board, wages or
    27  free; or any individual who, for hire, gain or reward, receives
    28  for care a child, unless he is related to such child by blood or
    29  marriage within the second degree; or any individual, not in the
    30  regular employ of the court or of an organization, society,
    19910H1143B1464                 - 11 -

     1  association or agency, duly certified by the department, who in
     2  any manner becomes a party to the placing of children in foster
     3  homes, unless he is related to such children by blood or
     4  marriage within the second degree, or is the duly appointed
     5  guardian thereof. [The term shall not include a family day care
     6  home in which care is provided in lieu of parental care to six
     7  or less children for part of a twenty-four hour day.] The term
     8  shall include a nonprofit family day care agency that is
     9  operated by or under the authority of a bona fide church or
    10  other religious organization and that administers any family day
    11  care home in which care is provided at any one time to four
    12  through six children who are not relatives of the caregiver.
    13     * * *
    14     Section 3.  The definition of "facility" in section 1001 of
    15  the act, amended December 21, 1988 (P.L.1883, No.185), is
    16  amended and the section is amended by adding definitions to
    17  read:
    18     Section 1001.  Definitions.--As used in this article--
    19     * * *
    20     "Agency-affiliated family day care home" means a family day
    21  care home which operates under the auspices of a family day care
    22  agency through a contractual arrangement with a family day care
    23  home and which provides family day care only to children
    24  referred by the family day care agency.
    25     * * *
    26     "Facility" means an adult day care center, agency-affiliated
    27  family day care home, child day care center, family day care
    28  agency, family day care home, boarding home for children, mental
    29  health establishment, personal care home, nursing home, hospital
    30  or maternity home, as defined herein, and shall not include
    19910H1143B1464                 - 12 -

     1  those operated by the State or Federal governments or those
     2  supervised by the department.
     3     "Family day care agency" means a social service agency which
     4  administers family day care programs, including the recruitment,
     5  screening and selection of family day care homes, and which,
     6  through contractual arrangements with family caregivers,
     7  performs administrative functions that include, but are not
     8  limited to, training of caregivers; technical assistance; intake
     9  and referral of children to family day care homes; monitoring
    10  and inspection of the agency's family day care homes; evaluation
    11  of children's development, the family caregiver's daily program
    12  and the family caregiver; consultation and assistance to parents
    13  and children; referral of children and parents to health, social
    14  services and food and nutrition programs when appropriate; and
    15  furnishing child care equipment to family day care homes. The
    16  term shall not include a nonprofit agency which is operated by
    17  or under the authority of a bona fide church or other religious
    18  organization and which is supervised by the department under
    19  Article IX.
    20     "Family day care home" means any home in which child day care
    21  is provided at any one time to four through six children who are
    22  not relatives of the caregiver. The term shall not include a
    23  home operated under the auspices of a nonprofit agency which is
    24  operated by a bona fide church or other religious organization
    25  and which is supervised by the department under Article IX.
    26     * * *
    27     Section 4.  The act is amended by adding sections to read:
    28     Section 1010.  Additional Requirements for Family Day Care
    29  Homes.--(a)  In a family day care home, all of the following
    30  apply:
    19910H1143B1464                 - 13 -

     1     (1)  There may be no more than two children under eighteen
     2  months of age in care. This clause includes foster children and
     3  relatives of the caregiver.
     4     (2)  Each floor level used by children in a family day care
     5  home must have at least two exits, one of which may be a window.
     6  At least one exit from each floor level must provide a direct
     7  means of unobstructed travel to the outside at street or ground
     8  level.
     9     (3)  A window of a type which may be readily opened and of
    10  proper size and design to allow for evacuation must be provided
    11  as a second exit.
    12     (4)  A room or space, including an attic, which is accessible
    13  only by a ladder, folding stairway or through a trap door may
    14  not be used by children.
    15     (5)  A family day care home caregiver shall have an initial
    16  health assessment structured to identify health conditions which
    17  would adversely affect the caregiver's ability to provide child
    18  care. The same health requirements shall apply to other members
    19  of the caregiver's household who have direct contact with any
    20  child in care. The caregiver shall be required to report to the
    21  department any significant changes in health status that would
    22  adversely affect the caregiver's ability to provide child care.
    23     (6)  A family day care home caregiver must be at least
    24  twenty-one years of age.
    25     (b)  Family day care homes shall comply with regulations
    26  promulgated by the department.
    27     (c)  An agency-affiliated family day care home is not
    28  required to apply for a separate license as a family day care
    29  home. Under the supervision of a family day care agency, an
    30  agency-affiliated family day care home shall comply with this
    19910H1143B1464                 - 14 -

     1  section and regulations promulgated under section 1011.
     2     Section 1011.  Regulations.--(a)  The department has the
     3  power and duty to promulgate regulations to implement this
     4  article.
     5     (b)  In the development of regulations, the department shall
     6  consider standards and recommendations relating to family day
     7  care and family day care home providers that have been developed
     8  by the Child Welfare League of America and the National
     9  Association for the Education of Young Children.
    10     Section 5.  Section 1016 of the act, amended July 15, 1976
    11  (P.L.993, No.202), is amended to read:
    12     Section 1016.  Right to Enter and Inspect.--For the purpose
    13  of determining the suitability of the applicants and of the
    14  premises or whether or not any premises in fact qualifies as a
    15  facility as defined in section 1001 of this act or the
    16  continuing conformity of the licensees to this act and to the
    17  applicable regulations of the department, any authorized agent
    18  of the department shall have the right to enter, visit and
    19  inspect any facility licensed or requiring a license under this
    20  act and shall have full and free access to the records of the
    21  facility and to the individuals therein and full opportunity to
    22  interview, inspect or examine such individuals.
    23     An authorized agent of the department shall also confer with
    24  the operators of facilities regarding the minimum standards of
    25  the department, encourage the adoption of higher standards and
    26  recommend methods of improving care and services.
    27     If an authorized agent of the department is refused access
    28  for an investigation under this section, the department may
    29  apply to a court of competent jurisdiction for an administrative
    30  inspection warrant. For purposes of a warrant under this
    19910H1143B1464                 - 15 -

     1  section, probable cause that this article has been violated
     2  consists of a statement by the authorized agent of the
     3  department that access for an inspection under this section has
     4  been sought and refused. An administrative inspection warrant is
     5  enforceable as any other warrant issued by a court.
     6     Section 6.  Section 1031 of the act is amended to read:
     7     Section 1031.  Violation; Penalty.--(a)  Any person operating
     8  a facility within this Commonwealth without a license required
     9  by this act, shall upon conviction thereof in a summary
    10  proceeding be sentenced to pay a fine of not less than twenty-
    11  five dollars ($25) nor more than three hundred dollars ($300),
    12  and costs of prosecution, and in default of the payment thereof
    13  to undergo imprisonment for not less than ten days nor more than
    14  thirty days. Each day of operating a facility without a license
    15  required by this act shall constitute a separate offense.
    16     (b)  In addition to the criminal penalty in subsection (a),
    17  the department may assess a civil penalty of five hundred
    18  dollars ($500) against a person found to be operating a facility
    19  within this Commonwealth without a license required by this act.
    20  Penalty assessment under this subsection shall conform to 2
    21  Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
    22  Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
    23  review of Commonwealth agency action).
    24     Section 7.  Sections 1070, 1071, 1072, 1073, 1074, 1075,
    25  1076, 1077, 1078, 1079 and 1080 of the act are repealed.
    26     Section 8.  The Department of Public Welfare shall comply
    27  with the following time schedules:
    28         (1)  Within 90 days of the effective date of this
    29     section, the department shall submit proposed rulemaking
    30     under section 1011 of the act to the Legislative Reference
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     1     Bureau for publication in the Pennsylvania Bulletin.
     2         (2)  Within 180 days of the effective date of this
     3     section, the department shall submit final rulemaking on the
     4     proposal under paragraph (1) to the Legislative Reference
     5     Bureau for publication in the Pennsylvania Bulletin. The
     6     regulations shall take effect within one year of the
     7     effective date of this section.
     8     Section 9.  This act shall take effect as follows:
     9         (1)  The following provisions shall take effect
    10     immediately:
    11             (i)  The addition of section 1011 of the act.
    12             (ii)  The amendment of sections 1016 and 1031 of the
    13         act.
    14             (iii)  Section 8 of this act.
    15             (iv)  This section.
    16         (2)  The repeal of sections 1070 through 1080 of the act
    17     shall take effect upon the effective date of the regulations
    18     promulgated under section 8 of this act.
    19         (3)  The amendment or addition of sections 901, 1001 and
    20     1010 of this act shall take effect in one year.
    21         (4)  The remainder of this act shall take effect in 60
    22     days.






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