PRINTER'S NO. 2821
No. 2214 Session of 1978
INTRODUCED BY WISE, HARPER, IRVIS, MANDERINO, REED, FLAHERTY,
DAVIES, GLEESON, J. L. WRIGHT JR., MEBUS, BROWN, HOEFFEL,
KUKOVICH, COLE, RHODES, ITKIN, HASKELL, MILANOVICH, COHEN,
O'DONNELL, SWEET, ZEARFOSS, LEVIN, HONAMAN, E. Z. TAYLOR,
PICCOLA, SCIRICA, COWELL, WILSON, M. H. GEORGE, GILLETTE,
KERNICK, POTT, RICHARDSON AND WHITE, APRIL 3, 1978
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 1978
AN ACT
1 Amending Title 1 (General Provisions) of the Pennsylvania
2 Consolidated Statutes, implementing section 28 of Article I
3 of the Constitution of Pennsylvania relating to equality of
4 rights regardless of sex, making conforming amendments to
5 other titles and making repeals.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 1, act of November 25, 1970 (P.L.707,
9 No.230), known as the Pennsylvania Consolidated Statutes, is
10 amended by adding a part to read:
11 PART VI
12 IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS
13 Chapter
14 23. Implementation of Constitutional Provisions
15 CHAPTER 23
16 IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS
17 Sec.
1 2301. Equality of rights based on sex.
2 § 2301. Equality of rights based on sex.
3 (a) General rule.--In recognition of the adoption of section
4 28 of Article I of the Constitution of Pennsylvania, it is
5 hereby declared to be the intent of the General Assembly that
6 where in any statute heretofore enacted there is a designation
7 restricted to a single sex, the designation shall be deemed to
8 refer to both sexes unless the designation does not operate to
9 deny or abridge equality of rights under the law of this
10 Commonwealth because of the sex of the individual.
11 (b) Public appointments.--All references to sex in
12 requirements for appointments to public agencies or public
13 positions shall be construed to require appointment without
14 reference to sex. However where the legislative intent is
15 expressed that both men and women shall serve on a public agency
16 or in public positions, the agency or positions shall not be
17 composed of a membership wholly of one sex.
18 (c) Employment benefits.--Where employment benefits
19 authorized by statute, including pensions, death or disability
20 payments or other similar benefits, are to be paid upon the
21 death or disability of the employee, any designation of
22 beneficiary which is restricted to a single sex shall be deemed
23 a reference to both sexes.
24 (d) Other employment rights.--All other statutes affecting
25 employment which contain a designation restricted to one sex
26 shall be deemed to refer to both sexes unless the designation
27 does not operate to deny or abridge equality of rights.
28 Section 2. Sections 4303 and 5902(c) of Title 18 are amended
29 to read:
30 § 4303. Concealing death of [bastard] child born out of
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1 wedlock.
2 (a) Offense defined.--A person is guilty of a misdemeanor of
3 the third degree if he or she[, being a woman,] endeavors
4 privately, either alone or by [herself or] the procurement of
5 others, to conceal the death of his or her [bastard] child born
6 out of wedlock, so that it may not come to light, whether it was
7 born dead or alive or whether it was murdered or not.
8 (b) Procedure.--If the [grand jury, in the] same indictment
9 or information charges any [woman with the murder of] person
10 with the murder of his or her [bastard] child born out of
11 wedlock, as well as with the offense of the concealment of the
12 death, the jury may acquit or convict him or her of both
13 offenses, or find him or her guilty of one and acquit him or her
14 of the other.
15 § 5902. Prostitution and related offenses.
16 * * *
17 (c) Grading of offenses under subsection (b).--
18 (1) An offense under subsection (b) [of this section]
19 constitutes a felony of the third degree if:
20 (i) the offense falls within paragraphs (b)(1),
21 (b)(2) or (b)(3) [of this section];
22 (ii) the actor compels another to engage in or
23 promote prostitution;
24 (iii) the actor promotes prostitution of a child
25 under the age of 16 years, whether or not he is aware of
26 the age of the child; or
27 (iv) the actor promotes prostitution of his [wife]
28 spouse, child, ward or any person for whose care,
29 protection or support he is responsible.
30 (2) Otherwise the offense is a misdemeanor of the second
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1 degree.
2 * * *
3 Section 3. Section 2519(a) of Title 20 is amended to read:
4 § 2519. Testamentary guardian.
5 (a) Guardian of the person.--A person competent to make a
6 will, being the sole surviving parent or adopting parent of any
7 unmarried minor child, may appoint a testamentary guardian of
8 the person of such child during his minority, or for any shorter
9 period[: Provided, That] except that no [father] parent who, for
10 one year or upwards previous to his death, shall have willfully
11 neglected or refused to provide for his child, [and no mother]
12 or who, for a like period, shall have deserted [her] the child
13 or willfully failed to perform [her] parental duties, shall have
14 the right to appoint a testamentary guardian of the person of
15 such child.
16 * * *
17 Section 4. Section 5925 of Title 42, added July 9, 1976
18 (P.L.586, No.142), is amended to read:
19 § 5925. Testimony by [wife] married person against [husband]
20 spouse in rebuttal.
21 [In any civil action brought against the husband to recover
22 necessaries furnished to the wife, if the husband makes defense
23 at the trial upon the ground that his wife had left him without
24 justification or excuse before the necessaries were furnished,
25 or upon any other ground which attacks the character or conduct
26 of the wife, she shall be a competent witness in rebuttal for
27 the plaintiff.]
28 In any civil action brought against a married person, if the
29 defendant makes defense at the trial upon any ground which
30 attacks the character or conduct of the spouse, the spouse shall
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1 be a competent witness in rebuttal for the plaintiff.
2 Section 5. Sections 3301(c), 3501, 4103 and 7108 of Title 51
3 are amended to read:
4 § 3301. Pay and expenses of officers and enlisted personnel.
5 * * *
6 (c) Annual training.--The Governor is further authorized to
7 provide an annual training period for the Pennsylvania Guard,
8 not to exceed 30 days in any one year, during which period the
9 pay, allowances and transportation of officers and enlisted
10 [men] personnel shall be on the same basis as provided for
11 similar grades in the current Armed Forces Pay and Allowance
12 Act.
13 § 3501. Relief for disability incurred in active State service.
14 (a) General rule.--If any [officer or enlisted man] member
15 of the Pennsylvania National Guard is injured or otherwise
16 disabled, or dies as a result of injuries or other disability
17 received or contracted while performing duty in active service
18 of the Commonwealth or in the performance of other State
19 military duty under competent order or authority, or while
20 engaged in volunteer service during a civil emergency at the
21 request of competent military authority, he or his dependents,
22 if not compensated therefor by the government of the United
23 States, shall receive from the Commonwealth just and reasonable
24 relief, the amount of compensation to be determined in
25 accordance with the Workmen's Compensation Law of Pennsylvania.
26 The General Assembly shall appropriate the moneys necessary to
27 provide for such compensation.
28 (b) Computation of average weekly wage.--In the computation
29 of average weekly wage for purposes of compensating a member of
30 the Pennsylvania National Guard or his beneficiaries, "wages"
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1 shall include all earnings during the period used for such
2 computation received from employment in the [national
3 guardsman's] member's usual occupation.
4 § 4103. Exemption of uniforms and equipment.
5 The uniform and accoutrements of every commissioned officer
6 and enlisted [man] person shall be free from all suits,
7 distresses, executions or sales for debt or payment of taxes.
8 § 7108. Preference of [widows and wives] spouses.
9 The same preferential rating given to soldiers under the
10 provisions of this chapter shall be extended to include the
11 [widows and wives of] spouses of deceased or disabled soldiers.
12 Section 6. Title 54 is amended by adding a section to read:
13 § 704. Divorced person may resume prior name.
14 (a) General rule.--Any person who is divorced from the bonds
15 of matrimony may resume any prior surname used by him or her by
16 filing a written notice to such effect in the office of the
17 clerk of the court in which the decree of divorce was entered,
18 showing the caption and docket number of the proceeding in
19 divorce.
20 (b) Foreign decrees.--Where a divorced person has been the
21 subject of a decree of divorce granted in a foreign
22 jurisdiction, a certified copy of such foreign divorce decree
23 may be filed with the clerk of the court of common pleas of the
24 county where the person resides, and thereafter the notice
25 specified in subsection (a) may be filed with reference to such
26 decree.
27 Section 7. Sections 312 and 342 of Title 59 are amended to
28 read:
29 § 312. Rules for determining the existence of a partnership.
30 In determining whether a partnership exists, these rules
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1 shall apply:
2 (1) Except as provided by section 328 (relating to
3 partner by estoppel), persons who are not partners as to each
4 other are not partners as to third persons.
5 (2) Joint tenancy, tenancy in common, tenancy by the
6 entireties, joint property, common property, or part
7 ownership does not of itself establish a partnership, whether
8 such co-owners do or do not share any profits made by the use
9 of the property.
10 (3) The sharing of gross returns does not of itself
11 establish a partnership, whether or not the persons sharing
12 them have a joint or common right or interest in any property
13 from which the returns are derived.
14 (4) The receipt by a person of a share of the profits of
15 a business is prima facie evidence that he is a partner in
16 the business, but no such inference shall be drawn if such
17 profits were received in payment:
18 (i) As a debt by installments or otherwise.
19 (ii) As wages of an employee or rent to a landlord.
20 (iii) As an annuity to a [widow] surviving spouse or
21 representative of a deceased partner.
22 (iv) As interest on a loan, [through] though the
23 amount of payment [vary] varies with the profits of the
24 business.
25 (v) As the consideration for the sale of the
26 goodwill of a business or other property by installments
27 or otherwise.
28 § 342. Nature of right of partner in specific partnership
29 property.
30 (a) General rule.--A partner is co-owner with his partners
19780H2214B2821 - 7 -
1 of specific partnership property, holding as a tenant in
2 partnership.
3 (b) Incidents of tenancy.--The incidents of this tenancy are
4 such that:
5 (1) A partner, subject to the provisions of this chapter
6 and to any agreement between the partners, has an equal right
7 with his partners to possess specific partnership property
8 for partnership purposes; but he has no right to possess such
9 property for any other purpose without the consent of his
10 partners.
11 (2) The right of a partner in specific partnership
12 property is not assignable, except in connection with the
13 assignment of the rights of all partners in the same
14 property.
15 (3) The right of a partner in specific partnership
16 property is not subject to attachment or execution, except on
17 a claim against the partnership. When partnership property is
18 attached for a partnership debt the partners, or any of them,
19 or the representatives of a deceased partner, cannot claim
20 any right under the homestead or exemption laws.
21 (4) On the death of a partner his right in specific
22 partnership property vests in the surviving partner or
23 partners, except where the deceased was the last surviving
24 partner, when his right in such property vests in his legal
25 representative. Such surviving partner or partners, or the
26 legal representative of the last surviving partner, has no
27 right to possess the partnership property for any but a
28 partnership purpose.
29 (5) The right of a partner in specific partnership
30 property is not subject to dower, curtesy, or allowances to
19780H2214B2821 - 8 -
1 [widows] surviving spouses, heirs, or next of kin.
2 Section 8. Transition provisions on employment benefits.
3 (a) General rule.--The provisions of 1 Pa.C.S. § 2301(c)
4 (relating to employment benefits) shall not apply to a benefit
5 plan or program in existence on the effective date of this act
6 if the employer:
7 (1) determines after an actuarial review that the
8 application of such provisions to the plan or program will
9 render the plan or program actuarially unsound;
10 (2) files a written statement of such determination,
11 together with the relevant data or a summary thereof, within
12 six months after the effective date of this act with the
13 Department of State; and
14 (3) gives appropriate notice to affected employees.
15 An employer who effects a filing pursuant to this section shall
16 within one year after the effective date of this act amend the
17 plan or program so as to conform to 1 Pa.C.S. § 2301(c) without
18 affecting the actuarial soundness of the plan or program.
19 (b) Expiration of section.--This section shall expire one
20 year after the effective date of this act.
21 Section 9. Repeals.
22 (a) Absolute repeals.--The following acts or parts of acts
23 are repealed absolutely:
24 Sections 1 and 2, act of January 12, 1705, 1 Sm.L.31, No.132,
25 entitled "An act for the better confirmation of the owners of
26 lands, and inhabitants of this province, in their just rights
27 and possessions."
28 Section 1, act of January 12, 1705, 1 Sm.L.48, No.145,
29 entitled "The law about seven years quiet possession."
30 Section 3, act of January 12, 1705, 1 Sm.L.49, No.150,
19780H2214B2821 - 9 -
1 entitled "An act for defalcation."
2 Act of September 30, 1791, 3 Sm.L.58, No.1890, entitled "A
3 supplement to the act, entitled 'An act to establish the
4 Judicial Courts of this commonwealth, in conformity to the
5 alterations and amendments in the constitution.'"
6 Section 6, act of March 23, 1826 (P.L.133, No.47), entitled
7 "An act to incorporate the subscribers to the articles of
8 association for the purpose of establishing and conducting an
9 institution for the confinement and reformation of youthful
10 delinquents, under the title of the house of refuge."
11 Act of March 2, 1827 (P.L.76, No.46), entitled "An act to
12 endow the 'House of Refuge,' and for other purposes therein
13 mentioned."
14 Act of April 23, 1829 (P.L.341, No.204), entitled "A further
15 supplement to an act, entitled 'An act to reform the penal laws
16 of this commonwealth.'"
17 Act of April 10, 1835 (P.L.133, No.92), entitled "A
18 supplement to an act entitled, An act to incorporate the
19 subscribers to the articles of association for the purpose of
20 establishing and conducting an institution for the confinement
21 and reformation of youthful delinquents, under the title of the
22 House of Refuge, passed March twenty three, one thousand eight
23 hundred and twenty six."
24 Sections 2, 4, 5, 6, 9 and 11, act of April 14, 1835
25 (P.L.232, No.140), entitled "A supplement to the act entitled An
26 act to provide for the erection of a new prison and a debtors'
27 apartment within the city and county of Philadelphia, and for
28 the sale of the county prison in Walnut street in said city."
29 Section 7, act of April 11, 1850 (P.L.448, No.311), entitled
30 "An act to erect the village of Doverville, in the county of
19780H2214B2821 - 10 -
1 Philadelphia, into a borough, by the name and title of 'The
2 commissioners and inhabitants of the borough of Aramingo, in the
3 county of Philadelphia;' and relating to the Philadelphia House
4 of Refuge."
5 Clause IX of section 6, act of May 20, 1857 (P.L.581,
6 No.619), entitled "An act to provide for the Due Training of
7 Teachers for the Common Schools of the State."
8 Act of March 23, 1865 (P.L.642, No.638), entitled "A
9 supplement to an act to increase the revenues and diminish the
10 legislative expenses of the commonwealth, approved the sixteenth
11 day of April, one thousand eight hundred and forty-five, and
12 supplements thereto, relating to theaters, or theatrical
13 exhibitions."
14 Sections 3 and 4, act of June 2, 1871 (P.L.1301, No.1209),
15 entitled "An act to establish and maintain for the city of
16 Philadelphia, a house of correction, employment and reformation
17 for adults and minors."
18 Section 2, act of May 22, 1879 (P.L.73, No.84), entitled "An
19 act to regulate places of public amusement in cities of the
20 first class."
21 Section 8, act of June 8, 1881 (P.L.63, No.68), entitled "A
22 supplement to an act, entitled 'An act to create a middle
23 penitentiary district in this state, and to provide for the
24 erection of state penitentiary for the same,' approved the
25 twelfth day of June, Anno Domini one thousand eight hundred and
26 seventy-eight."
27 Section 9, act of June 14, 1887 (P.L.399, No.264), entitled
28 "An act to provide for the selection of a site and erection of a
29 State Hospital for injured persons, to be located at or near
30 Hazleton, in the county of Luzerne, to be called the State
19780H2214B2821 - 11 -
1 Hospital for Injured Persons of the Middle Coal Field, and for
2 the management of the same, and making an appropriation
3 therefor."
4 Act of May 13, 1889 (P.L.192, No.212), entitled "An act to
5 provide for the appointment of police matrons in cities of the
6 first and second classes, and to regulate their duties and
7 compensation."
8 Except section 13, act of June 26, 1895 (P.L.377, No.269),
9 entitled "An act authorizing the erection of work-houses in the
10 several counties of this Commonwealth."
11 Clause III of section 3, act of March 7, 1901 (P.L.20,
12 No.14), entitled "An act for the government of cities of the
13 second class."
14 Act of May 11, 1901 (P.L.187, No.155), entitled "An act
15 authorizing judges of the courts of quarter sessions of the
16 peace, magistrates and justices of the peace to commit vicious
17 or incorrigible minors, of the male sex, to the Philadelphia
18 Protectory for Boys, located at Protectory, Montgomery county,
19 Pennsylvania."
20 Act of March 27, 1903 (P.L.105, No.84), entitled "An act
21 rendering women eligible to the office of commissioner to take
22 acknowledgment of deeds and instruments of writing under seal."
23 Act of May 11, 1905 (P.L.518, No.429), entitled, as amended,
24 "An act making an appropriation for the erection of a home or
25 school for indigent orphans, to be called the Thaddeus Stevens
26 State School of Technology, in which school provision shall be
27 made for giving instruction in reading, writing, arithmetic,
28 drawing, duties of citizenship, elementary manual training, the
29 elements of farming, and other requisite branches."
30 Section 10, act of April 25, 1907 (P.L.106, No.90), entitled
19780H2214B2821 - 12 -
1 "An act to provide for licensing and regulating employment
2 agencies, in cities of the first and second class in this
3 Commonwealth, and providing penalties for the violation
4 thereof."
5 Section 4, act of May 25, 1907 (P.L.247, No.191), entitled
6 "An act authorizing the employment of male prisoners of the
7 jails, and workhouses of this Commonwealth upon the public
8 highways of the several counties, and regulating the same; and
9 providing for the establishment of Prison Boards, the purchase
10 of material and tools, and employment of deputies, at the
11 expense of the proper county, and a penalty for the escape of
12 prisoners while employed outside of said jails, workhouses."
13 Section 9, act of June 13, 1907 (P.L.699, No.601), entitled
14 "An act to provide for the selection of a site and the erection
15 of a State Hospital for injured persons, to be located at or
16 near Shamokin, in the county of Northumberland, to be called a
17 State Hospital for Injured Persons of the Treverton, Shamokin
18 and Mount Carmel Coal Fields, and for the management of the
19 same, and making an appropriation therefor."
20 Act of March 24, 1909 (P.L.62, No.36), entitled "An act
21 continuing the charge and power of the managers of houses of
22 refuge and reform schools, within the Commonwealth of
23 Pennsylvania, over all girls committed to said institution,
24 during the minority of such girls."
25 Act of May 1, 1909 (P.L.302, No.195), entitled, as amended,
26 "An act requiring counties now or hereafter containing a
27 population of not less than three hundred thousand, and not more
28 than one million two hundred thousand inhabitants, to establish
29 and maintain schools for the care and education of male children
30 under the jurisdiction of the juvenile courts, and conferring
19780H2214B2821 - 13 -
1 the powers and regulating the proceedings for the establishment,
2 maintenance, and management thereof."
3 Section 2, act of May 14, 1909 (P.L.838, No.656), entitled
4 "An act to define the rights and functions of official visitors
5 of jails, penitentiaries, and other penal or reformatory
6 institutions, and providing for their removal."
7 Section 1, act of June 7, 1911 (P.L.677, No.267), entitled
8 "An act to require fire drills in factories and industrial
9 establishments, where women or girls are employed; providing for
10 the promulgation of rules in respect thereto, and providing
11 penalties for the violation thereof."
12 Act of May 20, 1913 (P.L.262, No.182), entitled "An act
13 authorizing and empowering county commissioners, in all counties
14 of this Commonwealth having a population of not less than seven
15 hundred fifty thousand nor more than twelve hundred thousand
16 inhabitants, to turn over to the board of managers of juvenile
17 schools or farms, as heretofore established by the act of
18 Assembly approved the first day of May, one thousand nine
19 hundred and nine, entitled 'An act requiring counties now or
20 hereafter containing a population of not less than seven hundred
21 and fifty thousand, and not more than one million two hundred
22 thousand inhabitants, to establish and maintain schools for the
23 care and education of male children under the jurisdiction of
24 the juvenile courts, and conferring the powers and regulating
25 the proceedings for the establishment, maintenance and
26 management thereof,' and the various supplements thereto,--upon
27 their written request, from time to time, sums of money from the
28 amounts appropriated and the taxes collected thereunder, from
29 time to time, for the maintenance, equipment, and construction
30 thereof,--not less than ten thousand dollars ($10,000) at any
19780H2214B2821 - 14 -
1 one time."
2 Act of June 4, 1915 (P.L.812, No.359), entitled "An act
3 authorizing and regulating the employment of convicts and
4 prisoners on the public highways."
5 Act of July 5, 1917 (P.L.686, No.254), entitled "An act
6 supplemental to an act, entitled 'An act to protect the public
7 health and welfare; by regulating the employment of females in
8 certain establishments, with respect to their hours of labor and
9 the conditions of their employment; by establishing certain
10 sanitary regulations in the establishments in which they work;
11 by requiring certain abstracts and notices to be posted; by
12 providing for the enforcement of this act by the Commissioner of
13 Labor and Industry and others; by prescribing penalties for
14 violations thereof; by defining the procedure in prosecutions;
15 and by repealing all acts and parts of acts inconsistent with
16 the provisions thereof,' approved the twenty-fifth day of July,
17 one thousand nine hundred thirteen; providing for the granting
18 of modifications of the provisions of said act affecting the
19 hours and conditions of employment of females in certain
20 establishments, except the maximum hours per week; providing for
21 the terms and conditions of such modifications; providing for
22 the changing and withdrawing of such modifications; and
23 providing penalties for violation thereof."
24 Sections 12, 13 and 15, act of July 5, 1917 (P.L.693,
25 No.256), entitled "An act authorizing and empowering the several
26 counties of this Commonwealth to establish and maintain schools
27 for the care and education of children, under the jurisdiction
28 of the courts of quarter sessions of the peace, or other courts,
29 sitting as juvenile courts, and to acquire land therefor by
30 purchase or by condemnation; defining the scope and character of
19780H2214B2821 - 15 -
1 such schools; regulating the proceedings for the establishment,
2 maintenance and management thereof; authorizing the county
3 commissioners to make appropriation, levy taxes, and to incur
4 indebtedness therefor; and providing that all such schools
5 heretofore established by any county shall be continued and
6 maintained under the authority of this act; removing the persons
7 in charge thereof; and providing that any property heretofore
8 acquired for any such schools shall be held and used for the
9 schools provided for in this act."
10 Paragraph 4 of section 13 of Article XIX, act of June 25,
11 1919 (P.L.581, No.274), entitled "An act for the better
12 government of cities of the first class of this Commonwealth."
13 Act of July 8, 1919 (P.L.737, No.300), entitled "A supplement
14 to an act, entitled 'An act to establish a Board of
15 Commissioners of Navigation for the River Delaware and its
16 navigable tributaries; regulating their jurisdiction over ships,
17 vessels, and boats, and wharves, piers, bulkheads, docks, slips,
18 and basins; and exempting cities of the first class from certain
19 of its provisions; and making an appropriation therefor,'
20 approved the eight day of June, Anno Domini one thousand nine
21 hundred and seven; authorizing and directing the commissioners
22 to provide and maintain a nautical school for the education and
23 training of pupils from the various counties of the Commonwealth
24 of Pennsylvania in the science and practice of navigation; and
25 making an appropriation for two years from the first day of
26 June, Anno Domini one thousand nine hundred and nineteen,
27 towards its maintenance."
28 Act of May 3, 1923 (P.L.136, No.102), entitled "An act
29 authorizing cities, boroughs, towns, and townships to purchase
30 burial plots for certain deceased service men."
19780H2214B2821 - 16 -
1 Act of March 21, 1929 (P.L.38, No.37), entitled "An act
2 authorizing and regulating the establishment and operation, by
3 counties, of hospitals for the treatment of women afflicted with
4 nervous diseases; providing for the acquisition of property for
5 such hospitals by the power of eminent domain, the incurring of
6 indebtedness, and the levying of taxes, authorizing counties to
7 pay for patients cared for in hospitals of other counties; and
8 authorizing counties to receive gifts or trust funds for the
9 erection and maintenance of such hospitals."
10 Section 1, act of April 18, 1929 (P.L.542, No.239), entitled
11 "An act empowering the Department of Welfare to transfer male
12 prisoners from unsuitable penal and correctional institutions to
13 other penal and correctional institutions; regulating future
14 commitments by the courts of counties having unsuitable
15 institutions, and imposing the cost of maintenance and transfer
16 of such prisoners upon the county from which committed."
17 Section 1, act of June 20, 1935 (P.L.355, No.162), entitled
18 "An act authorizing the taking of oaths and affidavits by
19 certain employes of the Department of Military Affairs for
20 limited purposes."
21 Sections 2 and 3, act of July 18, 1935 (P.L.1314, No.411
22 1/2), entitled, as amended, "An act authorizing the utilization
23 of the Pennsylvania State Police Academy for training persons to
24 act as policemen in the political subdivisions of the
25 Commonwealth; prescribing the qualifications for admission of
26 such persons to such school; providing for the payment of
27 certain costs by such students; conferring certain powers upon
28 the Pennsylvania State Police; and making an appropriation."
29 The second sentence of section 14, act of April 8, 1937
30 (P.L.262, No.66), known as the "Consumer Discount Company Act."
19780H2214B2821 - 17 -
1 The phrase "retiring rooms for women," of section 3, act of
2 May 18, 1937 (P.L.654, No.174), entitled, as amended, "An act to
3 provide for the safety and to protect the health and morals of
4 persons while employed; prescribing certain regulations and
5 restrictions concerning places where persons are employed, and
6 the equipment, apparatus, materials, devices and machinery used
7 therein; prescribing certain powers and duties of the Department
8 of Labor and Industry relative to the enforcement of this act;
9 and fixing penalties."
10 Act of May 27, 1937 (P.L.917, No.248), entitled "An act for
11 the protection of the health and welfare of women and minors by
12 regulating under the police power the minimum fair wages which
13 shall be paid by employers; providing for wage boards, and
14 defining the powers and duties of such boards, and of the
15 Department of Labor and Industry; imposing duties on employers;
16 providing for directory and mandatory orders on employers, and
17 the publication of the names of employers who do not comply with
18 such orders; exempting certain persons from the provisions of
19 this act; and providing penalties."
20 Section 501(e), act of June 24, 1937 (P.L.2017, No.396),
21 known as the "County Institution District Law."
22 Act of May 15, 1939 (P.L.136, No.66), entitled "An act
23 providing that uniformed officers and men employed by cities of
24 the first class as park guards shall be entitled to twenty-four
25 consecutive hours of rest each week, except in emergency cases."
26 Act of May 16, 1939 (P.L.137, No.67), entitled "An act fixing
27 leaves of absence for uniformed officers and men employed by
28 cities of the first class as park guards."
29 Section 1, act of May 25, 1939 (P.L.192, No.100), entitled
30 "An act authorizing women who have been divorced from the bonds
19780H2214B2821 - 18 -
1 of matrimony to retake and use their maiden names; and making
2 certified copies of their election evidence in all cases."
3 Act of June 9, 1939 (P.L.323, No.179), entitled "An act
4 requiring cities of the first class to furnish free of charge to
5 uniformed officers and men employed in the police department,
6 fire department and park guards, the first uniform or part
7 thereof made necessary by any changes made in the prescribed
8 uniform."
9 Section 28, act of August 6, 1941 (P.L.861, No.323),
10 entitled, as amended, "An act to create a uniform and exclusive
11 system for the administration of parole in this Commonwealth;
12 providing state probation services; establishing the
13 'Pennsylvania Board of Probation and Parole'; conferring and
14 defining its jurisdiction, duties, powers and functions;
15 including the supervision of persons placed upon probation and
16 parole in certain designated cases; providing for the method of
17 appointment of its members; regulating the appointment, removal
18 and discharge of its officers, clerks and employes; dividing the
19 Commonwealth into administrative districts for purposes of
20 probation and parole; fixing the salaries of members of the
21 board and of certain other officers and employes thereof; making
22 violations of certain provisions of this act misdemeanors;
23 providing penalties therefor; and for other cognate purposes,
24 and making an appropriation."
25 Act of May 15, 1945 (P.L.569, No.229), entitled "An act to
26 provide for the sentencing of male persons convicted of certain
27 crimes, the commitment of defective delinquents; and repealing
28 certain laws."
29 Act of January 18, 1952 (P.L.2159, No.615), entitled "An act
30 creating the Pennsylvania Public Safety Commission as a
19780H2214B2821 - 19 -
1 commission; providing for the appointment of a director of
2 Public Safety; setting forth the powers and duties of the
3 commission and the director; defining the scope of existing
4 safety agencies; and making an appropriation."
5 Section 2175(5), act of August 9, 1955 (P.L.323, No.130),
6 known as "The County Code."
7 Section 310, act of August 31, 1955 (P.L.531, No.131), known
8 as the "Pennsylvania Athletic Code."
9 Act of September 15, 1961 (P.L.1313, No.582), known as "The
10 Minimum Wage Act of 1961."
11 Sections 2, 3 and 4, act of December 22, 1965 (P.L.1189,
12 No.472), entitled "An act establishing a correctional facility
13 for criminological diagnosis, classification, social and
14 psychological treatment and research, medical treatment and
15 staff training."
16 (b) Inconsistent repeals.--
17 (1) The following acts or parts of acts are repealed insofar
18 as they are inconsistent with 1 Pa.C.S. § 2301(b):
19 Section 2, act of July 2, 1901 (P.L.601, No.297), entitled
20 "An act to establish in cities of the first and second class a
21 house or houses of detention for delinquent, dependent and
22 neglected children, and providing for the management and
23 maintenance thereof."
24 Section 2, act of May 23, 1907 (P.L.206, No.167), entitled
25 "An act to regulate and improve the civil service of the cities
26 of the second class in the Commonwealth of Pennsylvania; making
27 violations of its provisions to be misdemeanors, and providing
28 penalties for violations thereof."
29 Section 13, act of June 4, 1915 (P.L.833, No.373), entitled
30 "An act establishing under the Department of Labor and Industry
19780H2214B2821 - 20 -
1 a system of regulation of employers seeking employes and of
2 persons seeking employment; and prescribing, as incidental
3 thereto, certain duties of employers, and of county, municipal,
4 township, and school authorities, and of agencies procuring
5 employes for others; and prescribing penalties."
6 Section 3, act of July 8, 1919 (P.L.784, No.322), entitled
7 "An act empowering cities of the second and third classes,
8 boroughs, and counties, to acquire, maintain, and operate
9 playgrounds, play fields, gymnasiums, public baths, swimming
10 pools, and indoor recreation centers; authorizing school
11 districts to join in the maintenance and operation of said
12 activities; and authorizing the issue of bonds and the levy of
13 taxes for such purposes."
14 Section 445, act of April 9, 1929 (P.L.177, No.175), known as
15 "The Administrative Code of 1929."
16 Section 3705, act of June 23, 1931 (P.L.932, No.317), known
17 as "The Third Class City Code."
18 Act of June 3, 1937 (P.L.1225, No.316), known as "The Game
19 Law."
20 Section 2, act of July 3, 1947 (P.L.1228, No.499), entitled
21 "An act to establish in cities of the first class a house of
22 detention for delinquent, dependent and neglected children up to
23 eighteen years of age, and providing for the management and the
24 maintenance thereof."
25 Sections 2538 and 3003, act of July 28, 1953 (P.L.723,
26 No.230), known as the "Second Class County Code."
27 Section 13, act of June 2, 1955 (P.L.134, No.39), entitled
28 "An act relating to public recreation in incorporated towns;
29 providing for the acquisition, maintenance and operation of
30 places of public recreation; providing for a referendum in
19780H2214B2821 - 21 -
1 certain cases; authorizing the levy of taxes for such purposes
2 and validating past actions."
3 Section 415, act of June 13, 1967 (P.L.31, No.21), known as
4 the "Public Welfare Code."
5 (2) The following acts or parts of acts are repealed insofar
6 as they are inconsistent with 1 Pa.C.S. § 2301(c):
7 Sections 2 and 8, act of April 22, 1903 (P.L.248, No.184),
8 entitled "An act to provide a Miners' Home or Homes for old,
9 crippled and helpless employes of the coal mines of
10 Pennsylvania; for the naming of trustees, with power to purchase
11 land, erect buildings thereon, and manage the same; the
12 admission of the wives of such employes where they have reached
13 the age of fifty-five years; the conditions for admission to
14 such Home or Homes, and the raising of revenue to support it or
15 them."
16 Sections 4301, 4303, 4305, 4308, 4320, 4321, 4322, 4324,
17 4340, 4343 and 4344, act of June 23, 1931 (P.L.932, No.317),
18 known as "The Third Class City Code."
19 Sections 9, 9.2, 9.3, 12.5 and 13, act of May 25, 1933
20 (P.L.1050, No.242), entitled "An act creating and establishing a
21 fund for the care, maintenance, and relief of aged, retired and
22 disabled employes of the bureau of fire in cities of the second
23 class; creating a board for the management thereof; providing
24 the mode and manner of payment to beneficiaries, and for the
25 care and disposition of its funds; and providing for the
26 transfer and payment of all moneys and securities in existing
27 funds in similar boards superseded by the fund and board herein
28 created."
29 Section 11, act of May 22, 1935 (P.L.233, No.99), entitled
30 "An act creating and establishing a fund for the care,
19780H2214B2821 - 22 -
1 maintenance, and relief of aged, retired, and disabled employees
2 of the Bureau of Police in cities of the second class; providing
3 a pension fund for said employees; and providing for the payment
4 of certain dues, fees, assessments, fines, and appropriations
5 thereto; regulating membership therein; creating a board for the
6 management thereof; providing the amount, mode, and manner of
7 payment to beneficiaries thereof, and for the care and
8 disposition of said fund; providing for the payment into this
9 fund by cities of the second class of all monies heretofore
10 payable into any other funds, organizations, corporations, or
11 associations having the same or similar purposes, and of such
12 additional monies as may be necessary to carry out the
13 provisions of this act."
14 Sections 3, 4, 5.1 and 11, act of June 11, 1935 (P.L.326,
15 No.149), entitled "An act relating to counties of the first
16 class; defining deceased service persons; providing for
17 contributions by the county to the funeral expenses for such
18 persons and their widows; providing for the erection and care of
19 markers, headstones, and flags, and for the compilation of war
20 records."
21 Sections 2110, 2111, 2116 and 2123, act of July 28, 1953
22 (P.L.723, No.230), known as the "Second Class County Code."
23 Section 1, act of May 29, 1956 (P.L.1804, No.600), entitled
24 "An act providing for the establishment of police pension funds
25 or pension annuities in certain boroughs, towns and townships,
26 and the regulation and maintenance thereof; providing for an
27 actuary; continuance of existing funds or transfer thereof to
28 funds herein established; prescribing rights of beneficiaries;
29 contributions by members; providing for expenses of
30 administration; continuation of existing authority to provide
19780H2214B2821 - 23 -
1 annuity contracts; credit for military service; refunds;
2 exempting allowances from judicial process; and repealing
3 certain acts."
4 Section 1, act of December 8, 1959 (P.L.1718, No.632),
5 entitled, as amended, "An act providing for the payment of the
6 salary, medical and hospital expenses of employes of State penal
7 and correctional institutions, State mental hospitals, Youth
8 Development Centers, County Boards of Assistance, and under
9 certain conditions other employes of the Department of Public
10 Welfare, who are injured in the performance of their duties; and
11 providing benefit to their widows and dependents in certain
12 cases."
13 Section 910, act of November 10, 1965 (P.L.721, No.346),
14 known as the "Pennsylvania Anthracite Coal Mine Act."
15 Section 506, act of June 13, 1967 (P.L.31, No.21), known as
16 the "Public Welfare Code."
17 Section 1, act of June 28, 1967 (P.L.122, No.31), entitled
18 "An act giving city councils of second class A cities authority
19 to provide for a fund for the care of aged widows of former
20 policemen or firemen."
21 Sections 3 and 6, act of June 11, 1968 (P.L.149, No.84),
22 known as the "Volunteer Firemen's Relief Association Act."
23 Section 403, act of February 1, 1974 (P.L.34, No.15), known
24 as the "Pennsylvania Municipal Retirement Law."
25 (3) The following acts or parts of acts are repealed insofar
26 as they are inconsistent with 1 Pa.C.S. § 2301(d):
27 Section 1, act of May 27, 1871 (P.L.1255, No.1159), entitled
28 "An act supplemental to an act, entitled 'An act to protect
29 ship-owners and regulate the licensing of stevedores in
30 Philadelphia,' approved the sixth day of April Anno Domini one
19780H2214B2821 - 24 -
1 thousand eight hundred and seventy."
2 Section 9, act of July 25, 1913 (P.L.1311, No.816), entitled
3 "An act providing for the establishment of a State Industrial
4 Home for Women; authorizing the purchase of a site, and the
5 erection thereon and equipment of necessary buildings; providing
6 for the commitment to said State Industrial Home for Women of
7 females between the ages of sixteen and thirty years, convicted
8 of, or pleading guilty to, the commission of any criminal
9 offense; and providing for the government and management of said
10 institution; and making an appropriation to carry out the
11 purposes of this act."
12 Section 7, act of June 3, 1919 (P.L.366, No.179), entitled
13 "An act reorganizing the Department of State Police; creating
14 therein a Bureau of Fire Protection; providing for a State
15 Police Force, and defining the powers and duties of the same,
16 including the enforcement of laws relating to game, fish,
17 forestry, and water supply, and certain other laws, and
18 including the collection of information useful for the detection
19 of crime, and the apprehension of criminals; providing for the
20 equipment, maintenance and transportation of such police;
21 providing for barracks and substations therefor; and prescribing
22 penalties."
23 Section 2.1, act of May 16, 1921 (P.L.579, No.262), entitled,
24 as amended, "An act providing for the better management of the
25 jails or county prisons in the several counties of this
26 Commonwealth of the third, fourth, fifth classes and in certain
27 counties of the sixth class by creating, in such counties, a
28 board to be known by the name and style of inspectors of the
29 jail or county prison, with authority to appoint a warden of
30 such prison, and by vesting in said board, and the officers
19780H2214B2821 - 25 -
1 appointed by it, the safe-keeping, discipline, and employment of
2 prisoners and the government and management of said jails or
3 county prisons."
4 Sections 1 and 2, act of April 14, 1931 (P.L.38, No.30),
5 entitled, as amended, "An act regulating the removal or
6 dismissal of policemen and firemen in cities of the second class
7 A, and the removal of policemen in cities of the second class."
8 Section 6, act of May 13, 1931 (P.L.121, No.90), entitled "An
9 act providing for the acquisition of land, and the erection,
10 construction and maintenance of jails and/or workhouses by
11 cities of the first class; providing for their management and
12 control of same by the inspectors of existing jails or prisons,
13 and the transfer of prisoners by such inspectors."
14 Section 7, act of June 12, 1931 (P.L.512, No.166), entitled
15 "An act providing for the joint construction by any two or more
16 counties of industrial farms and workhouses; providing for the
17 acquisition of sites and the erection and equipment of
18 buildings; providing for their government and control, and for
19 the commitment, admission, employment, and discharge of inmates,
20 the appointment of an advisory board, and defining its duties;
21 authorizing counties to incur indebtedness and issue bonds for
22 the purpose of paying their share of the cost of erection;
23 imposing the cost of maintenance of inmates on the counties; and
24 repealing inconsistent legislation."
25 Section 11, act of May 31, 1933 (P.L.1108, No.272), entitled,
26 as amended, "An act providing for the appointment, promotion,
27 reduction, removal and reinstatement of paid officers, firemen
28 and employes of fire departments and of fire alarm operators and
29 fire box inspectors in the bureaus of electricity in cities of
30 the third class; defining the powers and duties of civil service
19780H2214B2821 - 26 -
1 commissions for such purposes; and fixing penalties."
2 Section 13, act of May 18, 1937 (P.L.665, No.176), entitled
3 "An act relating to the performance of industrial work in homes;
4 regulating, and in certain cases prohibiting, industrial
5 homework; imposing duties, restrictions and liabilities on
6 industrial home-workers and on persons, partnerships,
7 associations and corporations, directly or indirectly furnishing
8 materials and articles to home-workers for manufacture or work
9 thereon; requiring permits and home-workers' certificates and
10 prescribing the fees therefor; conferring powers and imposing
11 duties on the Department of Labor and Industry; and prescribing
12 penalties."
13 Sections 5, 6 and 7, act of June 27, 1939 (P.L.1207, No.405),
14 entitled, as amended, "An act regulating the appointment,
15 promotion, suspension, reduction, removal, and reinstatement of
16 employes (except chiefs and chief clerks) in bureaus of fire and
17 fire alarm operators and fire box inspectors in bureaus of
18 electricity, in cities of the second class; defining the powers
19 and duties of Civil Service Commissions for such purpose in said
20 cities; and repealing inconsistent legislation."
21 Section 20, act of June 5, 1941 (P.L.84, No.45), entitled "An
22 act providing for and regulating the appointment, promotion and
23 reduction in rank, suspension and removal of paid members of the
24 police force in boroughs, incorporated towns and townships of
25 the first class maintaining a police force of not less than
26 three members; creating a civil service commission in each
27 borough, incorporated town and township of the first class;
28 defining the duties of such civil service commission; imposing
29 certain duties and expense on boroughs, incorporated towns and
30 townships of the first class; imposing penalties, and repealing
19780H2214B2821 - 27 -
1 inconsistent laws."
2 Section 20, act of June 1, 1945 (P.L.1232, No.427), entitled
3 "An act providing for and regulating the appointment, promotion
4 and reduction in rank, suspension and removal of paid operators
5 of fire apparatus in boroughs, incorporated towns and townships
6 of the first class; creating a civil service commission in each
7 borough, incorporated town and township of the first class;
8 defining the duties of such civil service commission; imposing
9 certain duties and expenses on boroughs, incorporated towns and
10 townships of the first class; imposing penalties; and repealing
11 inconsistent laws."
12 Section 3, act of June 15, 1951 (P.L.586, No.144), entitled
13 "An act regulating the suspension, removal, furloughing and
14 reinstatement of police officers in boroughs and townships of
15 the first class having police forces of less than three members,
16 and in townships of the second class."
17 Sections 7 and 9, act of August 10, 1951 (P.L.1189, No.265),
18 entitled, as amended, "An act regulating the appointment,
19 promotion, suspension, reduction, removal and reinstatement of
20 employes (except superintendents, assistant superintendents,
21 inspectors, chief clerks and school guards) in bureaus of police
22 in cities of the second class; and defining the powers and
23 duties of civil service commissions in such cities for such
24 purposes."
25 Section 1531, act of July 28, 1953 (P.L.723, No.230), known
26 as the "Second Class County Code."
27 Section 2328, act of August 9, 1955 (P.L.323, No.130), known
28 as "The County Code."
29 Section 205, act of November 30, 1955 (P.L.756, No.225),
30 known as the "Gas Operations Well-Drilling Petroleum and Coal
19780H2214B2821 - 28 -
1 Mining Act."
2 Sections 103, 107, 108, 122, 206, 218, 221, 222, 224, 226,
3 228, 230, 242, 244, 249, 250, 252, 257, 263, 264, 266, 269, 271,
4 272, 273, 282, 285, 287, 290, 293, 299.1 and 328, act of July
5 17, 1961 (P.L.659, No.339), known as the "Pennsylvania
6 Bituminous Coal Mine Act."
7 Sections 103, 107, 108, 109, 127, 224, 263, 272, 277, 412,
8 502, 521, 614, 615, 636, 703, 711, 722, 723, 724, 805, 811, 814,
9 1112 and 1129, act of November 10, 1965 (P.L.721, No.346), known
10 as the "Pennsylvania Anthracite Coal Mine Act."
11 Section 7, act of December 22, 1969 (P.L.394, No.175),
12 entitled "An act providing for the establishment, operation and
13 maintenance of detention facilities for certain persons by
14 adjoining counties on approval by the Bureau of Correction."
15 (4) All other acts and parts of acts, including but not
16 limited to the following, are repealed insofar as they are
17 inconsistent with this act:
18 Section 1, act of May 25, 1907 (P.L.247, No.191), entitled
19 "An act authorizing the employment of male prisoners of the
20 jails, and workhouses of this Commonwealth upon the public
21 highways of the several counties, and regulating the same; and
22 providing for the establishment of Prison Boards, the purchase
23 of material and tools, and employment of deputies, at the
24 expense of the proper county, and a penalty for the escape of
25 prisoners while employed outside of said jails, workhouses."
26 Sections 2403 and 2505, act of June 23, 1931 (P.L.932,
27 No.317), known as "The Third Class City Code."
28 Section 1, act of August 13, 1963 (P.L.774, No.390), entitled
29 "An act authorizing courts to permit certain prisoners to leave
30 jail during reasonable and necessary hours for occupational,
19780H2214B2821 - 29 -
1 scholastic or medical purposes; conferring powers and imposing
2 duties upon courts, county commissioners and sheriffs and other
3 persons in charge of a jail or workhouse."
4 Section 421, act of October 20, 1966 (3rd Sp.Sess., P.L.96,
5 No.6), known as the "Mental Health and Mental Retardation Act of
6 1966."
7 Section 10. Effective date.
8 This act shall take effect in 60 days.
B14L11RLC/19780H2214B2821 - 30 -