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        PRIOR PRINTER'S NO. 1187                      PRINTER'S NO. 1438

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 922 Session of 2003


        INTRODUCED BY TARTAGLIONE, D. WHITE, SCHWARTZ, TOMLINSON,
           KITCHEN, WAGNER, STOUT, MUSTO, LAVALLE, LOGAN, LEMMOND,
           PILEGGI, COSTA, RAFFERTY, C. WILLIAMS, KASUNIC, STACK,
           BOSCOLA, O'PAKE, RHOADES, WOZNIAK, HUGHES, FERLO, KUKOVICH,
           CONTI, MOWERY, A. WILLIAMS, MELLOW, ORIE, PICCOLA, FUMO AND
           DENT, SEPTEMBER 29, 2003

        AS AMENDED ON THIRD CONSIDERATION, MARCH 16, 2004

                                     AN ACT

     1  Amending Title 35 (Health and Safety) of the Pennsylvania
     2     Consolidated Statutes, providing for custodial care
     3     facilities.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 7102 of Title 35 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a definition to read:
     8  § 7102.  Definitions.
     9     The following words and phrases when used in this part shall
    10  have, unless the context clearly indicates otherwise, the
    11  meanings given to them in this section:
    12     * * *
    13     "Custodial child care facility."  A child day care CENTER AS   <--
    14  DEFINED UNDER SECTION 1001 OF THE ACT OF JUNE 13, 1967 (P.L.31,
    15  NO.21), KNOWN AS THE PUBLIC WELFARE CODE, or nursery school
    16  licensed or regulated by the Commonwealth.


     1     * * *
     2     Section 2.  Sections 7313(1)(iii) and (4) and 7701(f) and (g)
     3  of Title 35 are amended to read:
     4  § 7313.  Powers and duties.
     5     The agency shall have the following powers and duties:
     6         (1)  To prepare, maintain and keep current a Pennsylvania
     7     Emergency Management Plan for the prevention and minimization
     8     of injury and damage caused by disaster, prompt and effective
     9     response to disaster and disaster emergency relief and
    10     recovery. The plan may include provisions for:
    11             * * *
    12             (iii)  Assistance to Commonwealth [and] agencies,
    13         local government officials, schools and custodial child
    14         care facilities, in designing emergency management plans
    15         and training programs.
    16             * * *
    17         (4)  To provide technical advice and assistance to
    18     Commonwealth agencies [and], political subdivisions, schools
    19     and custodial child care facilities in the preparation of
    20     disaster emergency management plans or components thereof and
    21     to periodically review such plans and suggest or require
    22     revisions.
    23         * * *
    24  § 7701.  Duties concerning disaster prevention.
    25     * * *
    26     (f)  Disaster response and emergency preparedness drills.--
    27  Annually, [as coordinated by the Pennsylvania Emergency
    28  Management Agency with local emergency management agencies,]
    29  schools and custodial child care facilities shall conduct at
    30  least one [tornado or other] disaster response or emergency
    20030S0922B1438                  - 2 -     

     1  preparedness plan drill. [All schools shall have disaster
     2  response plans.]
     3     (g)  Plans.--Every school district and custodial child care
     4  facility, in cooperation with the local Emergency Management
     5  Agency and the Pennsylvania Emergency Management Agency, shall
     6  develop and implement a comprehensive disaster response and
     7  emergency preparedness [plans.] plan consistent with the
     8  guidelines developed by the Pennsylvania Emergency Management
     9  Agency and other pertinent State requirements. The plan shall be
    10  reviewed annually and modified as necessary. A copy of the plan
    11  shall be provided to the county emergency management agency.
    12     Section 3.  This act shall take effect in 60 days.












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