H1792B2034A02953 MSP:CDM 11/10/21 #90 A02953
AMENDMENTS TO HOUSE BILL NO. 1792
Sponsor: REPRESENTATIVE GROVE
Printer's No. 2034
Amend Bill, page 1, line 1, by inserting after "Titles"
1 (General Provisions), 2 (Administrative Law and Procedure), 3
(Agriculture),
Amend Bill, page 1, lines 17 and 18, by striking out all of
said lines and inserting
Section 1. Sections 501(a) and (c), 905 and 1105(a) of Title
1 of the Pennsylvania Consolidated Statutes are amended to read:
§ 501. Publication and distribution.
(a) General rule.--The Legislative Reference Bureau may
compile, edit, publish, print, supplement and revise or contract
directly or through the Legislative Printing Clerk for the
compilation, editing, publishing, printing, supplementation or
revision of an official publication of the Pennsylvania
Consolidated Statutes and amendments thereto. It shall be the
duty of the Department of [Property and Supplies] General
Services, upon request of the bureau, to arrange for the prompt
distribution of the official publication and the supplements
thereto and revisions thereof in accordance with the provisions
of this chapter. This publication shall be in addition to the
publication of advance copies of statutes and the Laws of
Pennsylvania except that the bureau, when authorized by
concurrent resolution of the General Assembly, may reduce the
number of such statutes and laws published and printed and
provide for the manner of their distribution and a fee to be
charged for certain distributions.
* * *
(c) Payments and disposition of moneys.--Payments for
documents published by authority of this chapter shall be made
to the Department of [Property and Supplies] General Services
which shall pay the same into the State Treasury to the credit
of the General Fund. Such moneys are hereby appropriated from
the General Fund to the Legislative Reference Bureau to carry
out the provisions of this chapter.
§ 905. Section headings.
The Director of the Legislative Reference Bureau, with the
approval of the [Department of Justice] Attorney General, shall
prepare and promulgate an appropriate heading for any section of
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the Constitution of Pennsylvania which was heretofore or may
hereafter be adopted without a section heading. Any section
heading promulgated pursuant to this section shall be published
in the next available volume of the Laws of Pennsylvania.
§ 1105. Editing statutes for printing.
(a) Correction of errors.--Where any statute shall have been
finally enacted and it shall be ascertained that such statute is
technically defective in form, or contains misspelled words or
typographical errors, or the plural or singular number, or the
past, present or future tense appears where another should be
used, or where a word clearly intended to be inserted has been
omitted, or where a word clearly should have been omitted, or
where a word is correctly spelled but it clearly appears that
another word was intended, the Director of the Legislative
Reference Bureau, in editing such statute, shall have authority,
with the approval of the President pro tempore of the Senate,
the Speaker of the House of Representatives, and the [Department
of Justice] Attorney General, to correct the original copy of
such statute, as filed in the Department of State, if such
correction will not in any manner affect or change the meaning,
intent or substance of such statute.
* * *
Section 2. Section 508 of Title 2 is amended to read:
§ 508. Notice to [Department of Justice] Office of Attorney
General.
Before notice of any hearing leading to an adjudication is
given by a Commonwealth agency (except the Pennsylvania Public
Utility Commission), the agency shall submit the matter to its
representative in the [Department of Justice] Office of Attorney
General who shall pass upon the legality of the proposed action
or defense. Failure of the agency to submit the matter to the
[department] Office of Attorney General shall not invalidate any
adjudication.
Section 2.1. Section 2703 of Title 3 is amended to read:
§ 2703. Unlawful acts.
A person commits a summary offense of the second degree and
shall be subject to the penalty imposed under 34 Pa.C.S. §
925(b)(5) (relating to jurisdiction and penalties) if the person
does any of the following:
(1) If the person is a taxidermist, mounts any specimen
which was not lawfully killed or raised under authority of a
propagating permit unless the owner of the specimen presents
the taxidermist with a permit obtained from the Pennsylvania
Game Commission or the Pennsylvania Fish and Boat Commission
and, in the case of migratory birds, the required Federal
permit.
(2) Mounts any specimen unless the owner of the specimen
presents the person with a copy of a permit issued by the
Pennsylvania Game Commission or the Pennsylvania Fish and
Boat Commission. A taxidermist may accept a specimen for
safekeeping and, after notifying the nearest Pennsylvania
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Game Commission or Pennsylvania Fish and Boat Commission
officer, hold it until the owner obtains the necessary permit
or for a period not to exceed 60 days.
(3) Violates the provisions of this chapter.
Section 3. Section 6133(b) and (d)(2) of Title 7 are amended
to read:
Amend Bill, page 2, line 18, by striking out "2" and
inserting
4
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inserting
5
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6
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it occurs the second time and inserting
Sections 202(c)(2)(iii) and
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inserting
are
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§ 202. Requirements for names generally.
* * *
(c) Required approvals or conditions.--
* * *
(2) The proper name of a covered association shall not
contain:
* * *
(iii) The words "engineer" or "engineering,"
"surveyor" or "surveying" or any other word implying that
any form of the practice of engineering or surveying as
defined in the act of May 23, 1945 (P.L.913, No.367),
known as the Engineer, Land Surveyor and Geologist
Registration Law, is provided unless at least one of the
individuals signing the initial public organic record of
the association or one of the governors of the existing
association has been properly registered with the State
Registration Board for Professional Engineers, Land
Surveyors and Geologists in the practice of engineering
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or surveying and there is submitted to the department a
certificate from the board to that effect.
* * *
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7
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inserting
8
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9
Amend Bill, page 5, line 9, by inserting after "Sections"
5749(c),
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§ 5749. Retention of certain records.
* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Commander." The:
(1) [commissioner] Commissioner of the Pennsylvania
State Police or a designee, if the recording at issue was
made by a member of the Pennsylvania State Police; or
(2) chief or a designee of the law enforcement agency
which made the recording at issue.
"Law enforcement officer." A member of the Pennsylvania
State Police or an individual employed as a police officer who
is required to be trained under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training).
Amend Bill, page 6, line 3, by striking out "8" and inserting
10
Amend Bill, page 6, by inserting between lines 28 and 29
Section 11. Section 9113(c) and (e) of Title 18 are amended
to read:
§ 9113. Disposition reporting by criminal justice agencies.
* * *
(c) Correctional institutions.--County, regional and State
correctional institutions shall collect and submit information
regarding the admission, release and length of sentence of
individuals sentenced to local and county institutions as
required by the [Bureau of Correction] Department of
Corrections.
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* * *
(e) State agencies.--The Administrative Office of
Pennsylvania Courts, the [Bureau of Correction] Department of
Corrections, the Pennsylvania Board of Probation and Parole and
the Pennsylvania Board of Pardons shall collect and submit to
the central repository such information necessary to maintain
complete and accurate criminal history record information. Each
State agency listed in this subsection shall submit to the
central repository any reports of dispositions occurring within
their respective agencies and such information reported from
county and local criminal justice agencies.
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inserting
12
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inserting
Services'
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Amend Bill, page 32, line 1, by striking out "24" and
inserting
27
Amend Bill, page 32, line 1, by striking out ""department"
and "obligee"" and inserting
"department," "obligee" and "secretary"
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"Secretary." The Secretary of [Public Welfare] Human
Services of the Commonwealth.
* * *
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occurs the first time and inserting
28
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inserting
29
Amend Bill, page 33, line 20, by inserting a bracket before
"Environmental"
Amend Bill, page 33, line 20, by striking out the bracket
before "Resources"
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and inserting
Conservation and Natural Resources
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inserting
30
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31
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inserting
32
Amend Bill, page 34, line 20, by inserting after "7312(a)"
, 7385(b)
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§ 7385. Pennsylvania Fire and Emergency Medical Services Loan
Program.
* * *
(b) Transfer.--There are transferred to the commissioner, to
be used, employed and expended in connection with the functions,
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powers and duties enumerated in subsection (a), personnel,
contractual obligations, if any, mortgages, liens, encumbrances
and any other secured interests, records, files, property,
supplies and equipment now being used or held in connection with
such functions, powers and duties and the unexpended balance of
appropriations, allocations and other funds available or to be
made available for use in connection with such functions, powers
and duties as previously were vested in the former Department of
Community Affairs under Subchapter E and transferred to the
agency by Reorganization Plan No.7 of 1981 (P.L.615).
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inserting
33
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it occurs the second time and inserting
Sections
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and 705(b)(1)
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inserting
are
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§ 705. United States Brig Niagara.
* * *
(b) Powers and duties of the commission.--The commission
shall have the power and duty to:
(1) Cooperate with the Department of Military and
Veterans Affairs, the United States Navy and other
appropriate organizations in commemorating significant events
of our naval and maritime heritage.
* * *
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34
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35
Amend Bill, page 36, line 30, by inserting after "Sections"
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761(a)(1),
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, (c) and (f)
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§ 761. Original jurisdiction.
(a) General rule.--The Commonwealth Court shall have
original jurisdiction of all civil actions or proceedings:
(1) Against the Commonwealth government, including any
officer thereof, acting in his official capacity, except:
(i) actions or proceedings in the nature of
applications for a writ of habeas corpus or post-
conviction relief not ancillary to proceedings within the
appellate jurisdiction of the court;
(ii) eminent domain proceedings;
(iii) actions or proceedings conducted pursuant to
Chapter 85 (relating to matters affecting government
units);
(iv) actions or proceedings conducted pursuant to
the former act of May 20, 1937 (P.L.728, No.193),
referred to as the Board of Claims Act, or 62 Pa.C.S. Ch.
17 Subch. C (relating to Board of Claims); and
(v) actions or proceedings in the nature of trespass
as to which the Commonwealth government formerly enjoyed
sovereign or other immunity and actions or proceedings in
the nature of assumpsit relating to such actions or
proceedings in the nature of trespass.
* * *
Amend Bill, page 37, by inserting between lines 11 and 12
(c) [Department of Justice] Office of Attorney General.--The
prothonotary and the clerk of the courts shall make to the
[Department of Justice] Office of Attorney General such periodic
or special reports concerning criminal matters as the
[department] Office of Attorney General may specify by
regulation.
* * *
(f) Superseding administrative office procedures and
standards.--The manner of making any informational report
required by or pursuant to subsections (a) through (e) or by or
pursuant to any other similar statute by the office of the clerk
of the court of common pleas may be modified by procedures and
standards prescribed pursuant to section 4301 (relating to
establishment and maintenance of judicial records) with the
approval of the [Department of Justice] Attorney General.
Amend Bill, page 39, line 11, by striking out "33" and
inserting
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37
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inserting
38
Amend Bill, page 40, line 23, by inserting after "5552(b)
(4),"
5950(d), 5974(b),
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§ 5950. Confidential communications involving law enforcement
officers.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Coparticipant." An individual who participates in a group
critical incident stress management team intervention.
"Critical incident." A situation responded to by a law
enforcement officer which presents or involves either the death
or serious bodily injury of an individual or the imminent
potential of such death or serious bodily injury, or any
situation faced by a law enforcement officer in the course of
duty which causes or may cause the law enforcement officer to
experience unusually strong negative emotional reactions.
"Critical Incident Stress Management Network." A network
that meets the requirements of membership with the Pennsylvania
Voluntary Critical Incident Stress Management Network as
administered by the Department of Health and is registered with
the International Critical Incident Stress Foundation.
"Critical incident stress management services."
Consultation, risk assessment, education, intervention,
briefing, defusing, debriefing, onsite services, referral and
other crisis intervention services provided by a critical
incident stress management team to a law enforcement officer
prior to, during or after a critical incident.
"Critical incident stress management team member." An
individual who is specially trained to provide critical incident
stress management services as a member of a police agency or
organization critical incident stress management team that holds
membership in the Commonwealth's critical incident stress
management network.
"Government unit." The General Assembly and its officers and
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agencies; the Governor and the departments, boards, commissions,
authorities and officers and agencies of the Commonwealth or
other instrumentalities thereof; any political subdivision,
municipality, school district or other local authority and the
departments, boards, commissions, authorities and officers and
agencies of such political subdivisions or other
instrumentalities thereof; and any court or other officer or
agency of the unified judicial system or instrumentality
thereof.
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) Any enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(3) A parole agent of the Department of Corrections.
(4) A Capitol Police officer.
(5) A Department of Conservation and Natural Resources
ranger.
(6) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(7) Any member of a port authority or other authority
police department.
(8) Any police officer of a county, region, city,
borough, town or township.
(9) Any sheriff or deputy sheriff.
(10) A member of the Pennsylvania Fish and Boat
Commission.
(11) A Pennsylvania Wildlife Conservation Officer.
(12) A member of a campus police force with the power to
arrest under section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
As used in this paragraph, the term "campus police" has the
meaning given in section 302 of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act.
(13) A member of the Fort Indiantown Gap Police Force.
§ 5974. Summoning prisoner in this Commonwealth to testify in
another state.
* * *
(b) Hearing.--Upon presentation of the certificate to any
court having jurisdiction over the person confined and upon
notice to the [Bureau of Correction] Department of Corrections,
the court in this Commonwealth shall fix a time and place for a
hearing and shall make an order, directed to the person having
custody of the prisoner, requiring that the prisoner be produced
before it at the hearing.
Amend Bill, page 42, line 23, by striking out "36" and
inserting
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inserting
40
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inserting
41
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inserting
42
Amend Bill, page 47, line 27, by striking out "and" and
inserting a comma
Amend Bill, page 47, line 27, by inserting after "heading"
, 9107, 9144.1 and 9727(b)(2)
Amend Bill, page 49, by inserting between lines 2 and 3
§ 9107. Administrator and information agent.
The [Department of Justice] Attorney General shall serve as
central administrator of and information agent for the Agreement
on Detainers.
§ 9144.1. Payment of expenses, costs and fees.
All costs and expenses shall be paid out of the county
treasury in the county wherein the crime is alleged to have been
committed: Provided, however, That all costs and expenses
incurred by a county in extraditing a person who, upon release
from a Federal prison, is apprehended on a writ of detainer
issued by a state other than Pennsylvania, shall be reimbursed
by the [Department of Justice] Attorney General. Reimbursable
costs and expenses incurred in any extradition proceeding shall
include, but not be limited to, apprehending, securing,
transmitting and maintaining the prisoner, as well as food,
court fees and counsel fees. Any person released from a Federal
prison for whom extradition proceedings have been initiated and
who is apprehended on a writ of detainer issued by a state other
than Pennsylvania, shall be transferred to the [Bureau of
Correction] Department of Corrections as soon as possible until
such extradition occurs or until he is released by the court.
The [Commissioner of Correction] Secretary of Corrections shall
accept such transfer. The [Bureau of Correction] Department of
Corrections shall make every effort to be reimbursed for all
costs and expenses from the state which is seeking extradition.
§ 9727. Disposition of persons found guilty but mentally ill.
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* * *
(b) Treatment.--
* * *
(2) The cost for treatment of offenders found guilty but
mentally ill, committed to the custody of the [Bureau of
Correction] Department of Corrections and transferred to a
mental health facility, shall be borne by the Commonwealth.
* * *
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inserting
43
Amend Bill, page 49, line 3, by striking out "Section" where
it occurs the second time and inserting
Chapter 7 heading and sections 1508, 1511(b) and
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inserting
are
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CHAPTER 7
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
§ 1508. Payment of armory rentals by Commonwealth.
The annual rental of all armories and buildings not owned by
the Commonwealth and occupied by any organization, shall be paid
by the State Treasurer in the manner provided by law. All
payments for light, heat, water and janitor services in rented
armories and buildings shall be made by the Department of
Military and Veterans Affairs upon properly itemized vouchers,
except where such services are furnished by the landlord under
the rental contract.
§ 1511. State Treasury Armory Fund.
* * *
(b) Appropriation.--Moneys in the State Treasury Armory Fund
are hereby appropriated to the Department of Military and
Veterans Affairs in such amounts as may be determined annually
by the Governor to be used for the purposes specified in
subsections (c) and (d).
* * *
Amend Bill, page 49, by inserting between lines 20 and 21
Section 44. The definition of "eligible disabled or deceased
veteran" in section 8701 of Title 51 is amended to read:
§ 8701. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible disabled or deceased veteran." A person who served
in the military or naval forces of the United States, or a
women's organization officially connected therewith, who:
(1) was killed in action or died as a result of wounds
incurred during a period of war or armed conflict or as a
result of hostile fire or terrorist attack during peacetime
(as determined by the Department of Military and Veterans
Affairs);
(2) died in service during a period of war or armed
conflict;
(3) was honorably discharged from the military or naval
forces of the United States and certified by the United
States Veterans' Administration as a 100% disabled veteran as
a result of service during a period of war or armed conflict
or as a result of hostile fire or terrorist attack (as
determined by the Department of Military and Veterans
Affairs) during peacetime; or
(4) was honorably discharged from the military or naval
forces of the United States and died as a result of a
service-connected disability (as certified by the United
States Veterans' Administration) incurred during a period of
war or armed conflict or as a result of peacetime hostile
fire or terrorist attack (as determined by the Department of
Military and Veterans Affairs).
* * *
Section 45. Sections 9102(a) and 9301(a) of Title 51 are
amended to read:
§ 9102. Affidavits and acknowledgments by designated officers.
(a) Designation of certain officers authorized.--Each local
organization of The American Red Cross, The American Legion,
Veterans of World War I of the U.S.A., Inc., Veterans of Foreign
Wars of the United States, Disabled American Veterans, United
Spanish War Veterans, Regular Veterans Association, Director of
Veterans Affairs, Jewish War Veterans of the United States, the
Military Order of the Purple Heart, the Italian American War
Veterans of the United States, Incorporated, and such other
similar organizations now or hereafter accredited or recognized
by the United States Veterans Administration, which supplies
such aid and assistance to veterans or their dependents, and
which gratuitously prepares forms for veterans and their
dependents in connection with their affairs as such before the
United States, any agency thereof, or the Commonwealth, any
agency or political subdivision thereof, is hereby authorized to
designate one of its officers to take affidavits or
acknowledgments to such forms, as may be required by rule,
regulation or otherwise by the United States, any agency
thereof, or the Commonwealth, any agency or political
subdivision thereof, in the administration of the affairs of
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veterans and their dependents. For the same purposes the
Adjutant General is authorized to designate one or more persons
from the Department of Military and Veterans Affairs, and the
State Director of Selective Service is authorized to designate
one or more persons from the Pennsylvania Selective Service
System.
* * *
§ 9301. Reports of annual conventions.
(a) Printing and distribution by Commonwealth.--Whenever the
department commanders of the Grand Army of the Republic, the
United Spanish War Veterans, the Veterans of Foreign Wars of the
United States, the American Legion, the Disabled American
Veterans of the World War, the Veterans of World War I of the
U.S.A., Inc., the American Veterans of World War II (AMVETS),
Military Order of the Purple Heart, Jewish War Veterans,
Catholic War Veterans, Inc., The Society of the 28th Division,
A.E.F., the Marine Corps League and the Italian American War
Veterans of the United States, Incorporated, shall report to the
Department of [Property and Supplies] General Services the
proceedings of the annual encampment or conventions of their
respective departments, with such general and special orders and
circulars and other data which may form a part of said
proceedings, then the said proceedings, so reported, shall be
considered Commonwealth records, and under the direction of the
Department of [Property and Supplies] General Services, shall be
printed and bound, and a printed and bound copy thereof shall be
sent to each post or detachment in this Commonwealth of the
organization of whose proceedings the same is a report.
* * *
Amend Bill, page 49, line 21, by striking out "41" and
inserting
46
Amend Bill, page 50, line 6, by striking out "42" and
inserting
47
Amend Bill, page 50, line 14, by striking out "43" and
inserting
48
Amend Bill, page 51, line 18, by striking out "44" and
inserting
49
Amend Bill, page 52, line 2, by striking out "45" and
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inserting
50
Amend Bill, page 52, line 17, by striking out "46" and
inserting
51
Amend Bill, page 53, line 3, by striking out "47" and
inserting
52
Amend Bill, page 53, line 23, by striking out "48" and
inserting
53
Amend Bill, page 53, line 23, by striking out "311(f)(3)" and
inserting
311(f)(2), (3)
Amend Bill, page 53, by inserting between lines 29 and 30
(2) The words "engineer" or "engineering" or "surveyor"
or "surveying" or any other word implying that any form of
the practice of engineering or surveying, as defined in the
act of May 23, 1945 (P.L.913, No.367), known as the
[Professional Engineers] Engineer, Land Surveyor and
Geologist Registration Law, is provided unless at least one
of the parties to the registration has been properly
registered with the State Registration Board for Professional
Engineers, Land Surveyors and Geologists and there is
submitted to the department a certificate from the board to
that effect.
Amend Bill, page 54, line 12, by striking out "49" and
inserting
54
Amend Bill, page 55, line 3, by striking out "50" and
inserting
55
Amend Bill, page 55, line 18, by striking out "51" and
inserting
56
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Amend Bill, page 56, line 27, by striking out "52" and
inserting
57
Amend Bill, page 57, line 7, by striking out "53" and
inserting
58
Amend Bill, page 57, line 22, by striking out "54" and
inserting
59
Amend Bill, page 57, line 22, by inserting after "Sections"
322(4),
Amend Bill, page 57, by inserting between lines 23 and 24
§ 322. Specific construction powers, duties and procedures.
The following procedure shall apply to construction to be
completed by the department which costs more than the amount
established by the department under section 514 (relating to
small procurements) for construction procurement unless the work
is to be done by Commonwealth agency employees or by inmates or
patients of a Commonwealth agency institution:
* * *
(4) The enforcement of all contracts provided for by
this section shall be under the control and supervision of
the department. The department shall have the authority to
engage the services of a construction management firm to
coordinate the work of the total project. All questions or
disputes arising between the department and any contractor
with respect to any matter pertaining to a contract entered
into with the department or any part thereto or any breach of
contract arising thereunder shall be submitted to final and
binding arbitration as provided by the terms of the contract,
which finding shall be final and not subject to further
appeal, or, if not so provided, shall be referred to the
Board of Claims as set forth in [the act of May 20, 1937
(P.L.728, No.193), referred to as the Board of Claims Act,]
Subchapter C of Chapter 17 (relating to Board of Claims),
whose decision and award shall be final and binding and
conclusive upon all parties thereto except that either party
shall have the right to appeal from the decision and award as
provided by law.
* * *
Amend Bill, page 58, line 19, by striking out "55" and
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Amend Bill, page 59, line 14, by striking out "56" and
inserting
61
Amend Bill, page 59, line 14, by inserting after "(c),"
332(h), 333(d), 510(c),
Amend Bill, page 59, line 14, by inserting after "514(c),"
516(a) and (b),
Amend Bill, page 59, line 16, by striking out "and" where it
occurs the second time and inserting
,(b)
Amend Bill, page 59, line 16, by inserting after "(d)"
and (e)
Amend Bill, page 60, by inserting between lines 2 and 3
§ 332. Procedures in general.
* * *
(h) Exceptions and appeal procedure.--Any party to a
proceeding referred to an administrative law judge under section
331(b) may file exceptions to the decision of the administrative
law judge with the commission, in a form and manner and within
the time to be prescribed by the commission. The commission
shall rule upon such exceptions within 90 days after filing. If
no exceptions are filed, the decision shall become final,
without further commission action, unless two or more
commissioners within 15 days after the decision request that the
commission review the decision and make such other order, within
90 days of such request, as it shall determine. The [Office of
Trial Staff] commission's prosecutory bureau or office and the
chief counsel shall be deemed to have automatic standing as a
party to such proceeding and may file exceptions to any decision
of the administrative law judge under this subsection.
* * *
§ 333. Prehearing procedures.
* * *
(d) Interrogatories.--Any party to a proceeding may serve
written interrogatories upon any other party for purposes of
discovering relevant, unprivileged information. A party served
with interrogatories may, before the time prescribed either by
commission rule or otherwise for answering the interrogatories,
apply to the presiding officer for the holding of a prehearing
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conference for the mutual exchange of evidence exhibits and
other information. Each interrogatory which requests information
not previously supplied at a prehearing conference or hearing
shall be answered separately and fully in writing under oath,
unless it is objected to, in which event the reasons for the
objections shall be stated in lieu of an answer. The party upon
whom the interrogatories have been served shall serve a copy of
the answers and objections within a reasonable time, unless
otherwise specified, upon the party submitting the
interrogatories. The party submitting the interrogatories may
petition the presiding officer for an order compelling an answer
to an interrogatory or interrogatories to which there has been
an objection or other failure to answer. The commission shall
designate an appropriate official, other than the [Director of
Trial Staff or any other employee of the Office of Trial Staff]
director of the commission's prosecutory bureau or office, on
whom other parties to the proceeding may serve written
interrogatories directed to the commission. That official shall
arrange for agency personnel with knowledge of the facts to
answer and sign the interrogatories on behalf of the commission.
Interrogatories directed to the commission shall be allowed only
upon an order of the commission based upon a specific finding
that the interrogating party is seeking significant,
unprivileged information not discoverable by alternative means.
When participating in a commission proceeding, the [Office of
Trial Staff] commission's prosecutory bureau or office shall be
subject to the same rules of discovery applicable to any other
party to the case.
* * *
§ 510. Assessment for regulatory expenses upon public
utilities.
* * *
(c) Notice, hearing and payment.--The commission shall give
notice by registered or certified mail to each public utility of
the amount lawfully charged against it under the provisions of
this section, which amount shall be paid by the public utility
within 30 days of receipt of such notice, unless the commission
specifies on the notices sent to all public utilities an
installment plan of payment, in which case each public utility
shall pay each installment on or before the date specified
therefor by the commission. Within 15 days after receipt of such
notice, the public utility against which such assessment has
been made may file with the commission objections setting out in
detail the grounds upon which the objector regards such
assessment to be excessive, erroneous, unlawful or invalid. The
commission, after notice to the objector, shall hold a hearing
upon such objections. After such hearing, the commission shall
record upon its minutes its findings on the objections and shall
transmit to the objector, by registered or certified mail,
notice of the amount, if any, charged against it in accordance
with such findings, which amount or any installment thereof then
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due, shall be paid by the objector within ten days after receipt
of notice of the findings of the commission with respect to such
objections. If any payment prescribed by this subsection is not
made as aforesaid, the commission may suspend or revoke
certificates of public convenience, certify automobile
registrations to the Department of Transportation for suspension
or revocation or, through the [Department of Justice] Attorney
General, may institute an appropriate action at law for the
amount lawfully assessed, together with any additional cost
incurred by the commission or the [Department of Justice]
Attorney General by virtue of such failure to pay.
* * *
Amend Bill, page 61, by inserting between lines 1 and 2
§ 516. Audits of certain utilities.
(a) General rule.--The commission shall provide for audits
of any electric, gas, telephone or water utility whose plant in
service is valued at not less than $10,000,000. The audits shall
include an examination of management effectiveness and operating
efficiency. The commission shall establish procedures for audits
of the operations of utilities as provided in this section.
Audits shall be conducted at least once every five years unless
the commission finds that a specific audit is unnecessary, but
in no event shall audits be conducted less than once every eight
years. A summary of the audits mandated by this subsection shall
be released to the public, and a complete copy of the audits
shall be provided to the [Office of Trial Staff] commission's
prosecutory bureau or office and the Office of Consumer
Advocate.
(b) Management efficiency investigations.--In addition to
the audits mandated by subsection (a), the commission shall
appoint a management efficiency investigator who shall
periodically examine the management effectiveness and operating
efficiency of all utilities required to be audited under
subsection (a) and monitor the utility company responses to the
audits required by subsection (a). For the purposes of carrying
out the periodic audit required by this subsection and for
carrying out the monitoring of audits required by subsection
(a), the commission is hereby empowered to direct the management
efficiency investigator to conduct such investigations through
and with teams made up of commission staff and/or independent
consulting firms; further, the commission may designate specific
items of management effectiveness and operating efficiency to be
investigated. The management efficiency investigator shall
provide an annual report to the commission, the affected
utility, the [Office of Trial Staff] commission's prosecutory
bureau or office and the Office of Consumer Advocate detailing
the findings of such investigations.
* * *
Amend Bill, page 64, line 4, by inserting a bracket before
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"Office" where it occurs the second time
Amend Bill, page 64, line 5, by inserting after "Staff"
] commission's prosecutory bureau or office
Amend Bill, page 68, by inserting between lines 29 and 30
(b) Procedure.--The commission, upon application by a public
utility, person or corporation which has agreed to acquire
property from another public utility, municipal corporation or
person, may approve an inclusion in rate base in accordance with
subsection (a) prior to the acquisition and prior to a
proceeding under this subchapter to determine just and
reasonable rates if:
(1) the applicant has provided notice of the proposed
acquisition and any proposed increase in rates to the
customers served by the property to be acquired, in such form
and manner as the commission, by regulation, shall require;
(2) the applicant has provided notice to its customers,
in such form and manner as the commission, by regulation,
shall require, if the proposed acquisition would increase
rates to the acquiring public utility's customers by an
amount in excess of 1% of the acquiring public utility's base
annual revenue;
(3) the applicant has provided notice of the application
to the [Director of Trial Staff] director of the commission's
prosecutory bureau or office and the Consumer Advocate; and
(4) in addition to any other information required by the
commission, the application includes a full description of
the proposed acquisition and a plan for reasonable and
prudent investments to assure that the customers served by
the property to be acquired will receive adequate, efficient,
safe and reasonable service.
* * *
Amend Bill, page 69, by inserting between lines 14 and 15
(e) Acquisition cost lower than depreciated original cost.--
If a public utility acquires property from another public
utility, a municipal corporation or a person at a cost which is
lower than the original cost of the property when first devoted
to the public service less the applicable accrued depreciation
and the property is used and useful in providing water or sewer
service, that difference shall, absent matters of a substantial
public interest, be amortized as an addition to income over a
reasonable period of time or be passed through to the ratepayers
by such other methodology as the commission may direct. Notice
of the proposed treatment of an acquisition cost lower than
depreciated original cost shall be given to the [Director of
Trial Staff] director of the commission's prosecutory bureau or
office and the Consumer Advocate.
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Amend Bill, page 69, line 30, by striking out "57" and
inserting
62
Amend Bill, page 70, line 14, by striking out "58" and
inserting
63
Amend Bill, page 73, line 4, by striking out "59" and
inserting
64
Amend Bill, page 73, line 4, by striking out "Section" where
it occurs the second time and inserting
Sections
Amend Bill, page 73, line 4, by inserting after "paragraph"
and 5402(a)(27)(iii)
Amend Bill, page 73, line 5, by striking out "is" and
inserting
are
Amend Bill, page 73, by inserting between lines 10 and 11
(26) A statement as to whether the declarant has
knowledge of any one or more of the following:
* * *
Amend Bill, page 73, by inserting between lines 18 and 19
§ 5402. Public offering statement; general provisions.
(a) General rule.--Except as provided in subsection (b), a
public offering statement must contain or fully and accurately
disclose:
* * *
(27) A statement as to whether the declarant has
knowledge of any one or more of the following:
* * *
(iii) Any finding or action recommended to be taken
in the report of any such investigation or by any
governmental body, agency or authority, in order to
correct any hazardous conditions and any action taken
pursuant to those recommendations. If the declarant has
no knowledge of such matters, the declarant shall make a
statement to that effect. The declarant shall also set
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forth the address and phone number of the regional
offices of the Department of Environmental [Resources]
Protection and the United States Environmental Protection
Agency where information concerning environmental
conditions affecting the planned community site may be
obtained.
* * *
Amend Bill, page 73, line 19, by striking out "60" and
inserting
65
Amend Bill, page 74, line 13, by striking out "61" and
inserting
66
Amend Bill, page 77, line 5, by striking out "62" and
inserting
67
Amend Bill, page 77, line 5, by inserting after "1337(c)(4),"
1517(a),
Amend Bill, page 77, line 6, by inserting after "3354(g)(2)"
, 6327
Amend Bill, page 78, by inserting between lines 4 and 5
§ 1517. Medical Advisory Board.
(a) Membership.--There shall be a Medical Advisory Board
consisting of 13 members appointed by the secretary. The board
shall be composed of an authorized representative from the
Department of Transportation, [Department of Justice, Governor's
Council on Drug and Alcohol Abuse] General Counsel, Pennsylvania
Advisory Council on Drug and Alcohol Abuse, Department of
Health, Pennsylvania State Police and professionals as follows:
One neurologist, one doctor of cardiovascular disease, one
doctor of internal medicine, one general practitioner, one
ophthalmologist, one psychiatrist, one orthopedic surgeon and
one optometrist.
* * *
Amend Bill, page 79, by inserting between lines 10 and 11
§ 6327. Inspection of records.
The records of the issuing authority, department and each
police department required under this subchapter shall be open
for inspection by any police officer or authorized employee of
the department, the [Department of Justice] Office of Attorney
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General, the Department of Revenue, the Auditor General and the
Court Administrator of the Supreme Court.
Amend Bill, page 80, lines 2 through 30; page 81, lines 1 and
2; by striking out all of said lines on said pages
Amend Bill, page 81, line 3, by striking out "64" and
inserting
68
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