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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HESS, DALEY, FLECK, LONGIETTI, BAKER, DENLINGER, GINGRICH, HELM, HENNESSEY, HORNAMAN, M. K. KELLER, KOTIK, MAJOR, MICOZZIE, MILLER, MURT, SAINATO, SCHMOTZER, STERN AND SWANGER, JUNE 22, 2012 |
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| REFERRED TO COMMITTEE ON COMMERCE, JUNE 22, 2012 |
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| AN ACT |
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1 | Reenacting and amending the act of May 16, 2002 (P.L.315, |
2 | No.46), entitled "An act providing for a community services |
3 | block grant program; and further providing for powers and |
4 | duties of the Department of Community and Economic |
5 | Development," extending the expiration of the act; and making |
6 | editorial changes. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The title and sections 1 and 2 of the act of May |
10 | 16, 2002 (P.L.315, No.46), known as the Community Services Block |
11 | Grant Act, are reenacted to read: |
12 | AN ACT |
13 | Providing for a community services block grant program; and |
14 | further providing for powers and duties of the Department of |
15 | Community and Economic Development. |
16 | Section 1. Short title. |
17 | This act shall be known and may be cited as the Community |
18 | Services Block Grant Act. |
19 | Section 2. Declaration of policy. |
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1 | The General Assembly finds and declares as follows: |
2 | (1) It is the intention of the General Assembly as a |
3 | matter of public policy to affirm the commitment of the |
4 | Commonwealth to ameliorating the causes and effect of poverty |
5 | by: |
6 | (i) Providing a range of services and activities |
7 | having a measurable and potentially major impact on the |
8 | causes of poverty in the community and establishing |
9 | grants for organizations providing services to migrant |
10 | and seasonal farmworkers. |
11 | (ii) Encouraging and supporting a holistic approach |
12 | designed to move low-income families and individuals |
13 | towards self-sufficiency. |
14 | (iii) Providing activities designed to assist low- |
15 | income participants in obtaining employment, education, |
16 | housing, emergency assistance, transportation and other |
17 | necessities. |
18 | (iv) Providing, on an emergency basis, for the |
19 | provision of such supplies and services, nutritious |
20 | foodstuffs and related services as may be necessary to |
21 | counteract conditions of starvation and malnutrition |
22 | among the poor. |
23 | (v) Coordinating and establishing linkages between |
24 | governmental and other social service programs to assure |
25 | the effective delivery of services to low-income |
26 | individuals. |
27 | (vi) Encouraging the use of entities in the private |
28 | sector in efforts to ameliorate poverty in the community. |
29 | (2) It is also the intention of the General Assembly to |
30 | stimulate a better focusing of human and financial resources |
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1 | on the goal of eliminating poverty by providing for the |
2 | continuity of programs which presently exist throughout this |
3 | Commonwealth for this stated purpose. |
4 | (3) By so doing, it is the intention of the General |
5 | Assembly to set forth the policies which shall govern the |
6 | administration of the community services block grant or |
7 | subsequent funding mechanisms established for similar |
8 | purposes. This block grant was created by the Omnibus Budget |
9 | Reconciliation Act of 1981 and follows the provisions defined |
10 | in that act. |
11 | (4) The General Assembly also finds that the Federal |
12 | funds available to finance activities under this act shall be |
13 | used for the following purposes: |
14 | (i) To provide a range of services and activities |
15 | having a measurable and potentially major impact on |
16 | causes of poverty in the community or those areas of the |
17 | community where poverty is a particularly acute problem. |
18 | (ii) To provide activities designed to assist low- |
19 | income participants, including the elderly poor: |
20 | (A) to secure and retain meaningful employment; |
21 | (B) to attain an adequate education; |
22 | (C) to make better use of available income; |
23 | (D) to obtain and maintain adequate housing and |
24 | a suitable living environment; |
25 | (E) to obtain emergency assistance through loans |
26 | or grants to meet immediate and urgent individual and |
27 | family needs, including the need for health services, |
28 | nutritious food, housing and employment-related |
29 | assistance; |
30 | (F) to remove obstacles and solve problems which |
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1 | block the achievement of self-sufficiency; |
2 | (G) to achieve greater participation in the |
3 | affairs of the community; and |
4 | (H) to make more effective use of other programs |
5 | related to the purposes of this act. |
6 | (iii) To provide on an emergency basis for the |
7 | provision of such supplies and services, nutritious |
8 | foodstuffs and related services as may be necessary to |
9 | counteract conditions of starvation and malnutrition |
10 | among the poor. |
11 | (iv) To coordinate and establish linkages between |
12 | governmental and other social services programs to assure |
13 | the effective delivery of such services to low-income |
14 | individuals. |
15 | (v) To encourage the use of entities in the private |
16 | sector of the community in efforts to ameliorate poverty |
17 | in the community. |
18 | Section 2. Section 3 of the act is reenacted and amended to |
19 | read: |
20 | Section 3. Definitions. |
21 | The following words and phrases when used in this act shall |
22 | have the meanings given to them in this section unless the |
23 | context clearly indicates otherwise: |
24 | "Case management." A series of coordinated activities to |
25 | determine, with the income-eligible individuals, what services |
26 | are needed and to coordinate their timely provision within the |
27 | agency and through other resources in the community. |
28 | "Community action agency." Any organization which was |
29 | officially designated by county commissioners or mayors as such |
30 | under the Omnibus Budget Reconciliation Act of 1981 (Public Law |
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1 | 97-35, 95 Stat. 357) or established pursuant to this act, whose |
2 | structure and functions are further defined in sections 4 and 5. |
3 | "Community food and nutrition program." A program whereby |
4 | grants are made to State and local hunger prevention |
5 | organizations for activities which address the food and |
6 | nutrition needs of low-income populations, especially high risk |
7 | children, as outlined in section 681A(a) of the Community |
8 | Services Block Grant Act (Public Law 97-35, [42 U.S.C. § |
9 | 9910A(a)] 98 Stat. 2886). |
10 | "Community services block grant." A program authorized by |
11 | the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, |
12 | 95 Stat. 357) which follows the provision defined in Title XVII, |
13 | Subtitle C, Chapter 2 (95 Stat. 762), which is intended to be |
14 | used by the Commonwealth for programs to ameliorate the causes |
15 | and effects of poverty. |
16 | "Community Services Block Grant Advisory Task Force." An |
17 | advisory panel established by the department pursuant to the |
18 | Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 |
19 | Stat. 357) to: |
20 | (1) coordinate and establish linkages between |
21 | governmental and other social services programs as |
22 | established by this act to assure the effective delivery of |
23 | such services to low-income individuals; and |
24 | (2) encourage the use of entities in the private sector |
25 | of the community to ameliorate poverty. |
26 | "Department." The Department of Community and Economic |
27 | Development of the Commonwealth or the designated agency |
28 | responsible for the administration of community service block |
29 | grant funds. |
30 | "Eligible entity." Any agency or organization designated in |
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1 | the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, |
2 | 95 Stat. 357) as an eligible recipient of community services |
3 | block grant funds, including a limited purpose agency and a |
4 | Statewide migrant and seasonal farmworkers' organization. |
5 | "Limited purpose agency." An agency that was funded under |
6 | Title II of the Economic Opportunity Act of 1964 (Public Law |
7 | 88-452, 78 Stat. 508) for a limited functional or geographical |
8 | purpose and recognized as a community action program under the |
9 | Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 |
10 | Stat. 357). |
11 | "Omnibus Budget Reconciliation Act of 1981." The Omnibus |
12 | Budget Reconciliation Act of 1981 (Public Law 97-35, [42 U.S.C. |
13 | § 9901 et seq.] 95 Stat. 357). |
14 | "Secretary." The Secretary of Community and Economic |
15 | Development of the Commonwealth or the designated individual |
16 | responsible for the administration of community service block |
17 | grant funds. |
18 | Section 3. Sections 4 and 5 of the act are reenacted to |
19 | read: |
20 | Section 4. Eligibility for community services block grant funds |
21 | and designation of community action agencies. |
22 | (a) Community action agency receives block grants.--Each |
23 | county and first and second class city within this Commonwealth |
24 | to receive funds under this act shall have a community action |
25 | agency designated to receive community services block grant |
26 | funds. These community action agencies may be an arm of the |
27 | designating unit of government or other eligible entity, |
28 | constituted so that one-third of the members of the board of |
29 | directors are elected public officials currently holding offices |
30 | or their representatives, except that, if the number of elected |
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1 | officials reasonably available and willing to serve is less than |
2 | one-third of the board membership, membership on the board of |
3 | appointive officials may be counted in meeting such one-third |
4 | requirement; at least one-third are persons chosen in accordance |
5 | with departmentally approved democratic selection procedures |
6 | adequate to assure that they are representative of the poor in |
7 | the area served; and the remainder of the members are officials |
8 | or members of business, industry, labor, religious, welfare, |
9 | education or other major groups and interests in the community. |
10 | (b) Present agencies included for eligibility.--This |
11 | designation includes all present community action agencies and |
12 | other eligible entities established under the Omnibus Budget |
13 | Reconciliation Act of 1981. In counties and first and second |
14 | class cities where there is no community action agency, the |
15 | department shall provide services through another eligible |
16 | agency which shall receive community service block grant funds |
17 | specifically for this purpose. |
18 | Section 5. Community action agencies and board. |
19 | (a) Powers of agency.--Each community action agency |
20 | designated and created pursuant to the criteria set forth in |
21 | section 4 shall: |
22 | (1) Develop and implement programs and projects designed |
23 | in accordance with Federal regulations established under the |
24 | Omnibus Budget Reconciliation Act of 1981 to serve the poor |
25 | or low-income areas with maximum feasible participation of |
26 | residents of the areas and members of the groups served, so |
27 | as to best stimulate and take full advantage of capabilities |
28 | for self-advancement and assure that those programs and |
29 | projects are otherwise meaningful to and widely utilized by |
30 | their intended beneficiaries. Participation in any community |
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1 | service block grant program is limited to persons whose |
2 | income in relation to family size does not exceed 125% of the |
3 | official poverty line established by the Federal Office of |
4 | Management and Budget. |
5 | (2) Be a continuing and effective mechanism for securing |
6 | broad community involvement in the programs assisted under |
7 | this act. |
8 | (3) Provide effective coordination of existing community |
9 | action programs with other Federal and State funds provided |
10 | within the jurisdictional area targeted to the low-income |
11 | population to avoid duplication of efforts within the area. |
12 | (b) Functions of agency.--In exercising its powers and |
13 | carrying out its overall responsibility for a community action |
14 | program, a community action agency shall have, subject to the |
15 | purposes of this act, at least the following functions: |
16 | (1) Planning systematically for and evaluating the |
17 | programs, including actions to develop information as to the |
18 | problems and causes of poverty in the community; determining |
19 | how much and how effectively assistance is being provided to |
20 | deal with those problems and causes; and establishing |
21 | priorities among projects, activities and areas as needed for |
22 | the best and most efficient use of resources. |
23 | (2) Encouraging agencies engaged in activities related |
24 | to the community action program to plan for, secure and |
25 | administer assistance available under this act or from other |
26 | sources on a common or cooperative basis; providing planning |
27 | or technical assistance to those agencies; and generally, in |
28 | cooperation with community agencies and officials, |
29 | undertaking actions to improve existing efforts to attack |
30 | poverty, such as improving day-to-day communication, closing |
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1 | service gaps, focusing resources on the most needy and |
2 | providing additional opportunities to low-income individuals |
3 | for regular employment and affordable housing or |
4 | participation in the programs or activities for which those |
5 | community agencies and officials are responsible. |
6 | (3) Initiating and sponsoring projects responsive to |
7 | needs of the poor which are not otherwise being met, with |
8 | particular emphasis on providing central or common services |
9 | that can be drawn upon by a variety of related programs; |
10 | developing new approaches or new types of services that can |
11 | be incorporated into other programs; and filling gaps pending |
12 | the expansion or modification of those programs. |
13 | (4) Establishing effective procedures by which the poor |
14 | and area residents concerned will be enabled to influence the |
15 | character of programs affecting their interests and providing |
16 | technical and other support needed to enable the poor and |
17 | neighborhood groups to secure on their own behalf available |
18 | assistance from public and private sources. |
19 | (5) Joining with and encouraging business, labor and |
20 | other private groups and organizations to undertake, together |
21 | with public officials and agencies, activities in support of |
22 | the community action program which will result in the |
23 | additional use of private resources and capabilities, with a |
24 | view to such things as developing new employment |
25 | opportunities, stimulating investment that will have a |
26 | measurable impact in reducing poverty among residents of |
27 | areas of concentrated poverty and providing methods by which |
28 | residents of those areas can work with private groups, firms |
29 | and institutions in seeking solutions to problems of common |
30 | concern. |
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1 | (6) Utilizing a comprehensive case-management approach |
2 | to the provision of services provided to eligible low-income |
3 | individuals as defined in section 3. |
4 | (c) Prohibition of activities.--No community action agency |
5 | or limited purpose agency receiving funds pursuant to this act |
6 | may engage in organized political activity, including, but not |
7 | limited to, endorsement of candidates for public office, |
8 | political fundraising or provide similar assistance in |
9 | connection with an election, nor shall funds received pursuant |
10 | to this act be expended for providing transportation of voters |
11 | or prospective voters to the polls on a nonpartisan basis, for |
12 | providing any nonpartisan voter registration activity or |
13 | lobbying efforts at the local, State or Federal level. |
14 | Section 4. Section 6 of the act is reenacted and amended to |
15 | read: |
16 | Section 6. Financial assistance for community services block |
17 | grant program. |
18 | (a) Apportionment of appropriations.--To help meet the |
19 | department's objective of establishing community action agencies |
20 | to provide services to all counties within this Commonwealth, |
21 | the sum appropriated under the community services block grant |
22 | shall be distributed as follows: |
23 | (1) No greater than 5% shall be allotted to the |
24 | department for the administration of program operations. |
25 | (2) No less than 5% may be allotted, at the discretion |
26 | of the secretary, for a range of activities, including the |
27 | funding of community food and nutrition programs in a manner |
28 | consistent with this act. |
29 | (3) Of the remaining 90%, no greater than 5% may be |
30 | alloted to establish community action agencies in those areas |
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1 | currently unserved; no less than 85% shall be reserved for |
2 | existing community action agencies and other eligible |
3 | entities as defined in section 3. |
4 | (4) A formula basis shall be established for the |
5 | distribution of funds reserved for community action agencies. |
6 | The formula shall include consideration of the number of |
7 | persons below the poverty level and the number of persons |
8 | unemployed, as determined annually by the United States |
9 | Department of Labor, and shall include a minimum funding |
10 | level of community services block grant funds for existing |
11 | community action agencies meeting the requirements of the |
12 | Omnibus Budget Reconciliation Act of 1981 and a Statewide |
13 | migrant and seasonal farmworkers' organization approved by |
14 | the secretary. |
15 | (5) A minimum funding level of only community service |
16 | block grant funds shall be set at $150,000 or a pro rata |
17 | amount if insufficient funds are available to provide the |
18 | minimum amount. |
19 | (6) As established by the formula under this section, |
20 | the determination of annual funding levels shall be made by |
21 | the secretary based on input from the local agencies and the |
22 | Community Services Block Grant Advisory Task Force. |
23 | (a.1) Reduction or termination of funding.-- |
24 | (1) Any community action agency or migrant and seasonal |
25 | farmworker organization which received funding in the |
26 | previous fiscal year under this act will not have its present |
27 | or future funding terminated under this act or reduced below |
28 | the proportional share of funding it received in the previous |
29 | fiscal year unless, after notice and opportunity for hearing |
30 | on the record, the Commonwealth determines that cause existed |
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1 | for such termination or such reduction, subject, however, to |
2 | review under section 678C(b) of the Omnibus Budget |
3 | Reconciliation Act of 1981 (42 U.S.C. § 9916(b)). |
4 | (2) For purposes of making a determination with respect |
5 | to a funding reduction, the term "cause" includes: |
6 | (i) a Statewide redistribution of funds under this |
7 | act to respond to: |
8 | (A) the results of the most recently available |
9 | census or other appropriate data; |
10 | (B) the establishment of a new eligible entity; |
11 | (C) severe economic dislocation; and |
12 | (ii) the failure of an eligible entity to comply |
13 | with the terms of its agreement to provide services under |
14 | this act. |
15 | (b) Grant prerequisite.--The secretary shall require, as a |
16 | condition of assistance, that each community action agency or |
17 | other eligible agency designated for funding adopt a systematic |
18 | approach for achieving the functions stated in section 5(b) and |
19 | for utilizing the funds provided under this act. Such an |
20 | approach shall encompass a planning and implementation process |
21 | which seeks to identify the problems and causes of poverty in |
22 | the community, seeks to mobilize and coordinate relevant public |
23 | and private resources, establishes program priorities, links |
24 | program components with one another and with other relevant |
25 | programs and provides for evaluation. |
26 | (c) Program priorities.--The secretary may establish |
27 | Statewide priorities for the offering of specific services or |
28 | type of services. In establishing these priorities, the |
29 | secretary shall consider the recommendations of the Community |
30 | Services Block Grant Advisory Task Force. |
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1 | (d) Determination of local services.--To promote local |
2 | responsibility and initiatives, decisions regarding which of the |
3 | qualified services shall be provided shall be established |
4 | through a local planning process administered by the local |
5 | agency. The plan should be based on the recommendations of the |
6 | local board of directors and the public at large and the |
7 | Statewide priorities established by the secretary. Each local |
8 | agency shall submit its plan to the department for review to |
9 | ensure eligibility of proposed services under the provision of |
10 | Federal law and regulations and consistency to the extent |
11 | possible with the Statewide priorities. |
12 | Section 5. Section 7 of the act is reenacted to read: |
13 | Section 7. Monitoring of community action agency. |
14 | (a) Monitoring procedures.--It shall be the policy of the |
15 | department to monitor the community action agencies to assure |
16 | compliance with all contractual obligations and to assess the |
17 | effectiveness of local agencies in meeting the objectives of |
18 | this act as outlined in section 2 and to assess the impact of |
19 | Statewide priorities on local services. Monitoring procedures |
20 | shall be established annually by the department and published as |
21 | part of the State plan. |
22 | (b) Onsite visits.--If determined to be necessary by the |
23 | department, the department may conduct an agency onsite visit. |
24 | The department may conduct an onsite visit to clarify |
25 | discrepancies that may result from monitoring procedures, review |
26 | agency records regarding programs funded pursuant to this act, |
27 | interview agency personnel and board members and interview |
28 | agency constituents and other local human services agencies. |
29 | (c) Preparation of report.--The department shall prepare a |
30 | report using the findings of the monitoring procedures and |
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1 | onsite visits, if conducted, which identifies agency strengths |
2 | and weaknesses and any required remedial actions. A copy of the |
3 | report shall be forwarded by mail to the community action |
4 | agency. The agency may request a conference with the department |
5 | to discuss the report. |
6 | Section 6. Section 8 of the act is reenacted and amended to |
7 | read: |
8 | Section 8. Fiscal control and fund accounting. |
9 | Under the provisions of the Omnibus Budget Reconciliation Act |
10 | of 1981, the department shall: |
11 | (1) Provide that fiscal control and fund accounting |
12 | procedures be established as may be necessary to assure the |
13 | proper disbursement of and accounting for Federal funds paid |
14 | to the Commonwealth. This includes procedures which may be |
15 | necessary for monitoring the assistance provided to community |
16 | action agencies and other eligible agencies under the |
17 | provisions of that act. |
18 | (2) Provide that at least once a year the department |
19 | shall prepare an audit of its expenditures of amounts |
20 | received and transferred to carry out the purposes of this |
21 | section. If the auditing and monitoring procedures result in |
22 | any audit exceptions or disallowed costs on the part of any |
23 | local agency, the local agency shall reimburse the department |
24 | for said audit exceptions and disallowed costs from non-State |
25 | and non-Federal funds. |
26 | (3) Permit and cooperate with Federal investigations |
27 | undertaken pursuant to section [678D] 678C of the Omnibus |
28 | Budget Reconciliation Act of 1981 ([Public Law 97-35,] 42 |
29 | U.S.C. § 9916). |
30 | Section 7. Sections 9, 10, 11 and 12 of the act are |
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1 | reenacted to read: |
2 | Section 9. Remedies. |
3 | (a) Notice of discrepancy or violation.--If a discrepancy or |
4 | violation of this act is discovered through monitoring and |
5 | auditing activities of the department, the department shall |
6 | notify the community action agency of the discrepancy or |
7 | violation immediately by certified mail. |
8 | (b) Agency response.--The agency shall respond to the |
9 | department's notice of discrepancy or violation within two weeks |
10 | of receipt of said notice by written correspondence to or by |
11 | requesting a meeting with the department to negotiate or clarify |
12 | facts. |
13 | (c) Agency noncompliance.--If the community action agency is |
14 | found to have been in noncompliance with the provisions of this |
15 | act, the department shall have the power to do any of the |
16 | following: |
17 | (1) Require appropriate corrective measures and provide |
18 | technical assistance to assist in implementing them. |
19 | (2) Place the community action agency on probation until |
20 | the agency complies with this act. |
21 | (d) Agency violation.--Notwithstanding subsection (b), if |
22 | the department determines that a violation has occurred with |
23 | willful disregard for this act, the department may do any of the |
24 | following: |
25 | (1) Suspend the community service block grant contract |
26 | for a designated period of time. The agency must then rectify |
27 | the violation and reestablish itself as competent as |
28 | determined by the department to carry out those |
29 | responsibilities enumerated in this statute for a community |
30 | action agency. |
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1 | (2) Close out the community service block grant contract |
2 | through the process of defunding, in accordance with Federal |
3 | law and regulations. If closeout is approved by the |
4 | secretary, a minimum of 30 days' notice shall be given to the |
5 | agency. The department shall oversee agency equipment |
6 | inventory transfer to other agencies. |
7 | (e) Right of appeal.--The community action agency shall, at |
8 | all times, retain the right to appeal any departmental |
9 | adjudications concerning this program as otherwise provided by |
10 | law. |
11 | Section 10. Waivers. |
12 | If a determination is made by the Department of Health and |
13 | Human Services that any provisions of this act are in violation |
14 | of Federal law or regulations and would jeopardize Federal |
15 | funding, the secretary, with the approval of the Governor, may |
16 | suspend those sections or portions thereof whose enforcement |
17 | constitutes said violations. |
18 | Section 11. Construction. |
19 | This act shall be construed as a continuation of the act of |
20 | July 10, 1986 (P.L.1263, No.116), known as the Community |
21 | Services Act. |
22 | Section 12. Retroactivity. |
23 | This act shall be retroactive to January 1, 2002. |
24 | Section 8. Section 13 of the act, amended November 16, 2005 |
25 | (P.L.381, No.70), is reenacted and amended to read: |
26 | Section 13. Expiration. |
27 | This act shall expire December 31, [2011] 2016. |
28 | Section 9. Section 14 of the act is reenacted to read: |
29 | Section 14. Effective date. |
30 | This act shall take effect immediately. |
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1 | Section 10. This act shall apply retroactively to December |
2 | 31, 2011. |
3 | Section 11. This act shall take effect immediately. |
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