PRIOR PRINTER'S NO. 2525 PRINTER'S NO. 2791
No. 1936 Session of 2001
INTRODUCED BY HABAY, KENNEY, PETRONE, ARGALL, PHILLIPS, BROWNE,
L. I. COHEN, HENNESSEY, HESS, LEDERER, DIVEN, MANN,
M. WRIGHT, J. WILLIAMS, BASTIAN, BUNT, CIVERA, DALLY,
FICHTER, GODSHALL, HARHART, McILHINNEY, RUBLEY, TRELLO,
FREEMAN, WATSON, M. COHEN, MICOZZIE, McILHATTAN, FEESE,
WALKO, JAMES, BEBKO-JONES, CAPPELLI, DAILEY AND MICHLOVIC,
SEPTEMBER 26, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 30, 2001
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for the denial of
21 State permits, certifications, licenses or other approvals if
22 the applicant is delinquent on taxes or is in violation of
23 certain codes; AND FURTHER PROVIDING FOR FURNISHING LISTS OF <--
24 EMPLOYEES TO CERTAIN STATE OFFICERS.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
1 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
2 as The Administrative Code of 1929, is amended by adding a
3 section to read:
4 Section 502.1. State Permit or License Denial.--(a) All
5 departments, boards and commissions shall MAY deny issuing to <--
6 any applicant, any State permit, certification, license or State
7 approval for contemplated action requiring such approval, if the
8 applicant OWNS ANY REAL PROPERTY IN THIS COMMONWEALTH: <--
9 (1) owns any real property in any municipality for which <--
10 taxes, or sewer or refuse collection charges are delinquent on
11 the real property;
12 (2) owns any property in this Commonwealth that has been <--
13 determined to be in serious violation of applicable State or
14 municipal housing, building, property maintenance or fire safety
15 code requirements, and has not taken substantial steps to bring
16 the property into code compliance; or AND <--
17 (3) THAT is in violation of any applicable State or <--
18 municipal housing, building, property maintenance or fire safety
19 code requirements for which the property owner has taken no
20 substantial steps to correct within six months following
21 notification of the violation.
22 (b) All State permits, certifications, licenses or approvals
23 may be withheld until such time as the applicant obtains a
24 letter from the appropriate State agency, municipality and/or
25 school district, indicating the property in question:
26 (i) is not presently tax delinquent DELINQUENT IN TAXES OR <--
27 SEWER OR REFUSE COLLECTION CHARGES;
28 (ii) is now in code compliance; or AND <--
29 (iii) that HAS HAD substantial steps have been taken to <--
30 bring the property into code compliance.
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1 Letters required by this subsection shall be verified by the
2 appropriate State officials before issuing to the applicant any
3 State permits, certifications, licenses or approvals.
4 (c) Information contained in the property maintenance code
5 violation report shall be subject to the provisions of the act
6 of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-
7 Know Law.
8 (d) For purposes of this section:
9 "Serious violations" shall mean housing, building, property
10 maintenance or fire safety code violations that pose an
11 immediate threat to the health and safety of dwelling occupants
12 or occupants in surrounding structures and passers by.
13 "Substantial steps" shall mean an affirmative action on the
14 part of the property owner or managing agent, as determined by <--
15 the municipality, to remedy code violations involving physical <--
16 improvements or preparations to the property.
17 SECTION 2. SECTION 614(A) AND (C) OF THE ACT, AMENDED <--
18 NOVEMBER 26, 1997 (P.L.530, NO.57), ARE AMENDED TO READ:
19 SECTION 614. LIST OF EMPLOYES TO BE FURNISHED TO CERTAIN
20 STATE OFFICERS.--(A) ALL ADMINISTRATIVE DEPARTMENTS, BOARDS,
21 AND COMMISSIONS AND THE ATTORNEY GENERAL SHALL ON JULY 15 OF
22 EACH YEAR, TRANSMIT TO THE AUDITOR GENERAL, THE STATE TREASURER
23 AND SECRETARY OF THE BUDGET A COMPLETE LIST, AND TO THE
24 LEGISLATIVE DATA PROCESSING CENTER A COMPUTER TAPE OF SUCH LIST,
25 AS OF JULY 1 PRECEDING, OF THE NAMES OF ALL PERSONS, EXCEPT DAY-
26 LABORERS, ENTITLED TO RECEIVE COMPENSATION FROM THE COMMONWEALTH
27 FOR SERVICES RENDERED IN OR TO THE DEPARTMENT, BOARD, OR
28 COMMISSION, AS THE CASE MAY BE. SUCH LIST SHALL SHOW THE
29 POSITION OCCUPIED BY EACH SUCH PERSON, THE DATE OF BIRTH AND
30 VOTING RESIDENCE OF SUCH PERSON, THE SALARY AT WHICH OR OTHER
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1 BASIS UPON WHICH SUCH PERSON IS ENTITLED TO BE PAID, THE DATE
2 WHEN SUCH PERSON ENTERED THE SERVICE OF THE COMMONWEALTH,
3 WHETHER SUCH PERSON HAS BEEN CONTINUOUSLY EMPLOYED BY THE
4 COMMONWEALTH SINCE THAT DATE, AND ALL PERIODS OF SERVICE AND
5 POSITIONS HELD AS AN EMPLOYE OF THE COMMONWEALTH, OR SUCH PART
6 OF SUCH INFORMATION AS THE GOVERNOR MAY PRESCRIBE.
7 NOTWITHSTANDING THE PRECEDING REQUIREMENT, THE LISTS OF PERSONS
8 FURNISHED BY THE DEPARTMENT OF CORRECTIONS, THE BOARD OF
9 PROBATION AND PAROLE AND THE PARDONS BOARD SHALL ALSO LIST THE
10 COUNTY OF RESIDENCE OF EACH PERSON.
11 * * *
12 (C) THE INFORMATION RECEIVED BY THE AUDITOR GENERAL, THE
13 STATE TREASURER AND THE SECRETARY OF THE BUDGET, UNDER THIS
14 SECTION, SHALL BE PUBLIC INFORMATION[.], EXCEPT THAT THE
15 INFORMATION IDENTIFYING THE VOTING RESIDENCE OF THE PERSONS
16 FURNISHED BY THE DEPARTMENT OF CORRECTIONS, THE BOARD OF
17 PROBATION AND PAROLE AND THE PARDONS BOARD IS NOT PUBLIC
18 INFORMATION AND MAY NOT BE TREATED AS SUCH.
19 Section 2 3. This act shall take effect in 60 days. <--
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