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PRIOR PRINTER'S NO. 862
PRINTER'S NO. 1263
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
780
Session of
2017
INTRODUCED BY MACKENZIE, THOMAS, ELLIS, MILLARD, SOLOMON,
A. HARRIS, WARD AND DeLUCA, MARCH 10, 2017
AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 5, 2017
AN ACT
Amending Title 7 (Banks and Banking) of the Pennsylvania
Consolidated Statutes, in mortgage loan industry licensing
and consumer protection, further providing for definitions,
for license requirements, for exceptions to license
requirements, for general requirements, for powers conferred
on certain licensees engaged in the mortgage loan business,
for mortgage loan business prohibitions, for application for
license, for license fees and for licensee requirements AND
PROVIDING FOR THE PROMULGATION OF REGULATIONS TO EFFECTIVELY
INCORPORATE FEDERAL REGULATIONS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "administrative or clerical
tasks," "billing cycle," "clerical or support duties," "mortgage
loan business," "mortgage loan correspondent," "qualifying
individual" and "service mortgage loan" in section 6102 of Title
7 of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding definitions to read:
§ 6102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Administrative or clerical tasks." The receipt, collection
and distribution of information common for the processing,
servicing or underwriting of a mortgage loan and communication
with a consumer to obtain information necessary for the
processing, servicing or underwriting of a mortgage loan.
* * *
"Billing cycle." In respect to open-end mortgage loans, the
time interval between periodic billing dates as established by
the mortgage note and subsequent modification to the obligation.
A billing cycle shall be considered to be a monthly cycle if the
closing date of the cycle is the same date each month or does
not vary by more than four days from that date.
* * *
"Clerical or support duties." Any of the following:
(1) The receipt, collection, distribution and analysis
of information common for the processing, servicing or
underwriting of a mortgage loan.
(2) Communicating with a consumer to obtain the
information necessary for the processing, servicing or
underwriting of a mortgage loan, to the extent that the
communication does not include:
(i) offering or negotiating mortgage loan rates or
terms; [or]
(ii) counseling consumers about mortgage loan rates
or terms[.]; or
(iii) offering or negotiating mortgage servicing
terms.
* * *
"Delinquent." The date when an amount sufficient to cover a
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periodic payment of principal, interest and, if applicable,
escrow becomes due and unpaid, and lasts until the time no
periodic payment is due and unpaid, notwithstanding if the
borrower is afforded a period after the due date to pay before
the servicer assesses a late fee.
* * *
"Loss mitigation option." An alternative to foreclosure
offered by the owner, holder or assignee of a delinquent
mortgage loan that is made available through the servicer to the
borrower.
* * *
"Mortgage loan business." [The business of advertising,
causing to be advertised, soliciting, negotiating or arranging
in the ordinary course of business or offering to make or making
mortgage loans.] The business of:
(1) advertising, causing to be advertised, soliciting,
negotiating or arranging in the ordinary course of business
or offering to make or making mortgage loans; or
(2) servicing mortgage loans .
"Mortgage loan correspondent." A person who engages in the
mortgage loan business by directly or indirectly originating and
closing mortgage loans in his or her own name utilizing funds
provided by a wholesale table funder or other funding sources
under the circumstances described under section [6123(6)]
6123(a)(6) (relating to mortgage loan business prohibitions) and
simultaneously assigning the mortgage loans to the wholesale
table funder.
* * *
"Mortgage servicer." A person who engages in the mortgage
loan business by directly or indirectly servicing a mortgage
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loan.
* * *
"Qualifying individual." An individual identified by a
mortgage broker, mortgage lender, mortgage servicer or mortgage
loan correspondent in the Nationwide Mortgage Licensing System
and Registry who:
(1) Is a mortgage originator or meets the licensing
requirements of a mortgage originator.
(2) Is a management-level officer assigned to the
principal place of business of a mortgage broker, mortgage
lender, mortgage servicer or mortgage loan correspondent.
* * *
"Service mortgage loan." A collecting or remitting payment
[for another,] or the right to collect or remit payments [for
another,] of principal, interest, tax, insurance or other
payment under a mortgage loan.
"Single point of contact." An individual or team of
personnel, each of whom has the ability and authority to discuss
mortgage loan mitigation options with a borrower on behalf of a
mortgage servicer. The mortgage servicer shall ensure that each
member of the team is knowledgeable about the borrower's
situation and current status.
* * *
Section 2. Section 6111(a) and (b) of Title 7 are amended to
read:
§ 6111. License requirements.
(a) General rule.--Except as provided under subsections (b)
and (c) and section 6112 (relating to exceptions to license
requirements), on and after the effective date of this section,
no person shall engage in the mortgage loan business in this
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Commonwealth without being licensed as a mortgage broker,
mortgage lender, mortgage servicer, mortgage loan correspondent
or mortgage originator as provided under this chapter. A
mortgage originator may not engage in the mortgage loan business
unless the mortgage originator is sponsored in the Nationwide
Mortgage Licensing System and Registry by a licensed mortgage
broker, mortgage lender, mortgage servicer or mortgage loan
correspondent, person excepted from this chapter or person
excepted from licensure under section 6112 and is under the
direct supervision and control of the sponsoring licensee or
excepted person.
(b) Licensed activity exceptions.--
(1) A mortgage lender may [act as a mortgage broker or
mortgage loan correspondent without a separate mortgage
broker or mortgage loan correspondent license.]:
(i) Act as a mortgage broker or mortgage loan
correspondent without a separate mortgage broker or
mortgage loan correspondent license.
(ii) Act as a mortgage servicer without a separate
mortgage servicer license for mortgage loans the mortgage
lender has originated, negotiated and owns.
(2) A mortgage loan correspondent may act as a mortgage
broker without a separate mortgage broker license.
(3) A person licensed as a mortgage broker may only
perform the services of a mortgage broker.
(4) A person only licensed as a mortgage servicer may
only perform the services of a mortgage servicer.
* * *
Section 3. Section 6112(2), (3), (6), (7) and (8) of Title 7
are amended and the section is amended by adding a paragraph to
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read:
§ 6112. Exceptions to license requirements.
The following persons shall not be required to be licensed
under this chapter in order to conduct the mortgage loan
business:
* * *
(2) An attorney at law not otherwise engaged in or
holding himself or herself out to the public as being engaged
in the mortgage loan business who acts as a mortgage broker
or a mortgage originator in negotiating or placing a mortgage
loan in the normal course of legal practice. The exception
under this paragraph shall not apply if the attorney is
compensated by any of the following:
(i) A mortgage broker.
(ii) A mortgage lender.
(iii) A mortgage loan correspondent.
(iv) A person excepted from licensure under this
section.
(v) A mortgage originator.
(v.1) A mortgage servicer.
(vi) An agent of a person listed in subparagraphs
(i), (ii), (iii), (iv) [and (v)], (v) and (v.1).
(3) A person who originates, services or negotiates less
than four mortgage loans in a calendar year, unless
determined to be engaged in the mortgage loan business by the
department.
* * *
(6) Consumer discount companies, except that a consumer
discount company that acts as a mortgage broker, mortgage
lender, mortgage servicer or mortgage loan correspondent,
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shall be subject to the provisions of Subchapter C (relating
to mortgage loan business restrictions and requirements) and
sections 6131(c)(2), (3) and (5), 6135, 6138 (relating to
authority of department) and 6140(b) (relating to penalties).
Employees or individuals under the direct supervision and
control of licensees under the act of April 8, 1937 (P.L.262,
No.66), known as the Consumer Discount Company Act, that act
as mortgage originators shall be subject to the licensing
requirements of this chapter. Consumer discount companies
that employ or directly supervise and control mortgage
originators shall be subject to the same requirements as
mortgage lenders in regard to the employment and supervision
of mortgage originators.
(7) Affiliates of banking institutions and subsidiaries
and affiliates of federally chartered or State-chartered
credit unions. The exception under this paragraph does not
apply to consumer discount companies. Notwithstanding the
exception under this paragraph, subsidiaries and affiliates
of federally chartered or State-chartered credit unions and
affiliates of banking institutions shall:
(i) be subject to the provisions of [Subchapter C
and] sections 6121(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10), (11), (12), (13) and (14) (relating to general
requirements), 6122(a) and (b) (relating to powers
conferred on certain licensees engaged in the mortgage
loan business), 6123(a) (relating to mortgage loan
business prohibitions), 6124 (relating to prohibited
clauses in mortgage loan documents), 6125 (relating to
mortgage lending authority), 6126 (relating to
requirements as to open-end loans), 6135(a)(2), (3) and
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(4), (b) and (c), 6138 and 6140(b);
(ii) deliver as required to the department annually
copies of financial reports made to all supervisory
agencies;
(iii) be registered with the department;
(iv) in the same manner as a mortgage lender, obtain
and maintain bond coverage for mortgage originators
consistent with section 6131(c)(5); and
(v) ensure employees required to be licensed as
mortgage originators have completed the requirements
under section 6131.1 (relating to prelicensing and
continuing education) and have obtained the required
mortgage originator license.
(8) Employees or individuals under the direct
supervision and control of a mortgage broker, mortgage
lender, mortgage servicer or mortgage loan correspondent, or
a person excepted from licensure under this section, who are
not otherwise required to be licensed as mortgage
originators.
* * *
(17) An individual or entity licensed under the act of
September 2, 1965 (P.L.490, No.249), referred to as the Money
Transmission Business Licensing Law, if the individual or
entity only engages in the mortgage loan business to the
extent funds are transmitted from a mortgagor to make
mortgage payments on behalf of the mortgagor in order to
exceed regularly scheduled minimum payment obligations under
the terms of the indebtedness.
Section 4. Section 6121 of Title 7 is amended by adding a
paragraph to read:
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§ 6121. General requirements.
A licensee shall do all of the following:
* * *
(15) For a mortgage servicer, all of the following:
(i) Safeguard and account for money handled for the
borrower.
(ii) Follow reasonable and lawful instructions from
the borrower.
(iii) Act with reasonable skill, care and diligence.
(iv) File with the department upon request a report
in a form and format specified by the department.
(v) At the time the mortgage servicer accepts
assignment of servicing rights for a mortgage loan,
disclose to the borrower:
(A) Notice required under Federal law or
regulation.
(B) A schedule of the ranges and categories of
the mortgage servicer's costs and fees for servicing-
related activities.
(vi) Promptly notify the borrower in the event
mortgage servicing rights are transferred.
(vii) In the event of a delinquency or other act of
default on the part of the borrower, act in good faith to
inform the borrower of the facts concerning the mortgage
loan, the nature and extent of the delinquency or default
and loss mitigation options, if available or appropriate,
to the borrower.
(viii) If IF a mortgage loan is paid in full and, in
the case of an open-end mortgage, a mortgage lender is no
longer obligated to make future advances to the consumer,
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the mortgage servicer shall act in good faith to do all
of the following:
(A) Request the mortgage holder release the lien
(I) REQUEST THE MORTGAGE HOLDER RELEASE THE LIEN on
the dwelling or residential real estate and cancel the
same of record and, at the time the mortgage loan
agreement or promissory note evidencing the mortgage loan
is returned, deliver to the consumer good and sufficient
assignment, releases or other certificate, instrument or
document as may be necessary to evidence the release.
(B) Request the mortgage holder cancel any
(II) REQUEST THE MORTGAGE HOLDER CANCEL ANY
insurance provided in connection with the mortgage loan
and refund to the borrower, in accordance with
regulations promulgated by the Insurance Department, any
unearned portion of the premium for the insurance.
(C) If a mortgage holder has delegated the
(III) IF A MORTGAGE HOLDER HAS DELEGATED THE
responsibility to record satisfaction of security
instruments to a mortgage servicer, the mortgage servicer
shall be treated as a mortgage holder for purposes of
satisfying the conditions of clause (A) or (B)
SUBPARAGRAPH (I) OR (II) .
Section 5. Section 6122(a) of Title 7 is amended by adding a
paragraph and the section is amended by adding a subsection to
read:
§ 6122. Powers conferred on certain licensees engaged in the
mortgage loan business.
(a) Mortgage lenders.--If they are in compliance with the
provisions of this chapter, mortgage lenders shall have the
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power and authority:
* * *
(8) To service first and secondary mortgage loans that
are originated, negotiated and owned by the mortgage lender.
* * *
(c) Mortgage servicers.--If a mortgage servicer is in
compliance with this chapter, the mortgage servicer shall have
the power and authority to collect and remit for a lender,
mortgagee, note owner, note holder, trustee or primary
beneficiary of a residential mortgage loan payment of principal,
interest or an amount to be placed into escrow for any
combination of the payment of insurance, hazard insurance or
taxes.
Section 6. Sections 6123 introductory paragraph and 6131(a)
(1) of Title 7 are amended and the sections are amended by
adding subsections to read:
§ 6123. Mortgage loan business prohibitions.
(a) Mortgage loan business prohibitions.--A licensee
engaging in the mortgage loan business shall not:
* * *
(b) Mortgage loan servicer prohibitions.--A licensee
engaging in the mortgage servicer business shall not :
(1) Fail to comply with applicable Federal and State
laws, rules and regulations related to mortgage servicing.
(2) Fail to provide written notice to a borrower upon
taking action to place hazard insurance, or flood insurance
on the mortgaged property or to place the insurance when the
mortgage servicer knows or has reason to know that there is
insurance in effect.
(3) Place hazard insurance or flood insurance on a
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mortgaged property for an amount that exceeds either the
value of the insurable improvements or the last-known
coverage amount of insurance, whichever amount is of lesser
value.
(4) Fail to provide to the borrower a refund of unearned
premium paid by a borrower or charged to the borrower for
hazard or flood insurance placed by a mortgage lender or
mortgage servicer if the borrower provides reasonable proof
that the borrower has obtained coverage so that the forced
placement is no longer necessary and the property is insured.
If the borrower provides reasonable proof within 12 months of
the placement that no lapse in coverage occurred so that the
forced placement was not necessary, the mortgage servicer
shall refund the entire premium.
(5) Fail to make payments from an escrow account held
for the borrower for insurance, taxes and other charges with
respect to the property in a timely manner to ensure that
late penalties are not assessed or other negative
consequences will not result regardless of whether the
mortgage loan is delinquent unless there are not sufficient
funds in the account to cover the payments and the mortgage
servicer has a reasonable basis to believe that recovery of
the funds will not be possible.
(6) Fail FAIL to establish or attempt to establish a
single point of contact with whom a borrower can communicate
about foreclosure matters or loss mitigation options later
than the 36th day of a borrower's delinquency, unless contact
is inconsistent with applicable bankruptcy law or court
order.
(7) Fail to apply payments to the oldest outstanding
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periodic payment.
(8) Fail to maintain policies and procedures to achieve
the objective of facilitating the communication of
information during a transfer of mortgage servicing rights
from one person to another person, except as provided in
paragraph (9), including:
(i) Implementing a posttransfer process for
validating data to ensure the data is transferred
correctly and is functional, including developing
procedures for identifying and addressing data errors for
inbound mortgage loans.
(ii) Organizing and coding incoming information,
including ensuring that the transferee servicer uses
transferred information before seeking information from
borrowers.
(iii) Conducting periodic calls with transferor
servicers to identify mortgage loan level issues and to
research and resolve those issues within 10 days,
excluding legal holidays, Saturdays and Sundays, of
issues being identified.
(9) Transfers meeting the criteria enumerated in 12 CFR
l024.33(b)(2) (relating to mortgage servicing transfers)
shall not be subject to the provisions of paragraph (8).
§ 6131. Application for license.
(a) Contents.--An application for a license under this
chapter shall be on a form prescribed and provided by the
department. Consistent with sections 202 E and 405 F(1) of the
act of May 15, 1933 (P.L.565, No.111), known as the Department
of Banking and Securities Code, all applicants and licensees
shall use the Nationwide Mortgage Licensing System and Registry
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to obtain and maintain licenses under this chapter.
(1) In the case of a mortgage broker, mortgage lender,
mortgage servicer or mortgage loan correspondent, the
application shall include the following:
(i) The name of the applicant.
(ii) The address of the principal place of business
and any branches of the applicant.
(iii) The full name, official title and business
address of each director and principal officer of the
mortgage loan business.
(iv) Any other information that may be required by
the department.
* * *
(k) Mortgage servicer license.--The department shall issue a
mortgage servicer license under this chapter if the applicant
has:
(1) Been approved by or meets the current eligibility
criteria for approval as a residential mortgage loan servicer
of at least one Federal Government-sponsored entity,
government corporation or Federal agency.
(2) Established a minimum net worth of $250,000 at the
time of application and maintains the minimum net worth.
(3) Been approved for and maintains as a licensee
fidelity bond coverage in accordance with the guidelines
established by the Federal National Mortgage Association or
the Federal Home Loan Mortgage Corporation.
(4) Obtained and maintains a surety bond in an amount
that will provide coverage for the mortgage servicer in a
form acceptable to the department prior to the issuance of
the license, from a surety company authorized to do business
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in this Commonwealth. The following shall apply:
(i) The amount of the bond shall be $500,000.
(ii) The bond shall run to the Commonwealth and
shall be for the use of the Commonwealth and for the use
of consumer who is injured by the acts or omissions of
the licensee's mortgage originators that are related to
the mortgage loan business regulated under this chapter.
A bond shall not comply with the requirements of this
section unless the bond contains a provision that the
bond shall not be canceled for any cause unless notice of
intention to cancel is given to the department at least
30 days, excluding legal holidays, Saturdays and Sundays,
before the day upon which cancellation shall take effect.
Cancellation of the bond shall not invalidate the bond
regarding the period of time the bond was in effect.
(5) Designated an individual as the qualifying
individual for the principal place of business.
Section 7. Sections 6132(a), (b) and (d) and 6135(a)(3) of
Title 7 are amended to read:
§ 6132. License fees.
(a) Initial application fees.--Except as set forth in
subsection (d)(1), an applicant shall pay to the department at
the time an application is filed an initial nonrefundable
application fee as set forth under this subsection.
(1) For mortgage lenders and mortgage loan
correspondents, $1,500 for the principal place of business
and an additional fee of $1,500 for each branch office.
(2) For mortgage brokers, $1,000 for the principal place
of business and an additional fee of $250 for each branch
office.
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(3) For mortgage originators, $200.
(4) For mortgage servicers, $2,500 for the principal
place of business and an additional fee of $1,250 for each
branch location.
(b) Renewal fees.--Prior to each annual renewal of a
license, except as set forth in subsection (d)(2), a licensee
shall pay to the department a nonrefundable license renewal fee
as set forth under this subsection.
(1) For mortgage lenders and mortgage loan
correspondents, $750 for the principal place of business and
an additional fee of $750 for each branch office.
(2) For mortgage brokers, $500 for the principal place
of business and an additional fee of $250 for each branch
office.
(3) For mortgage originators, $100.
(4) For mortgage servicers, $1,000 for the principal
place of business and an additional fee of $500 for each
branch location.
* * *
(d) Exception to mortgage originator license fees.--
(1) An applicant shall not be required to pay the fee
for a mortgage originator license as provided in subsection
(a) if the applicant is also individually a mortgage lender
applicant, mortgage loan correspondent applicant, mortgage
servicer applicant or mortgage broker applicant.
(2) A licensee shall not be required to pay the fee for
a mortgage originator license as provided in subsection (b)
if the licensee is also individually a mortgage lender
licensee, mortgage loan correspondent licensee or mortgage
broker licensee.
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§ 6135. Licensee requirements.
(a) Requirements of licensee.--
* * *
(3) A mortgage broker, mortgage lender [or], mortgage
servicer, mortgage loan correspondent, or a mortgage
originator that is required to obtain and maintain its own
bond coverage under section 6131(f)(4) (relating to
application for license), shall file periodically, as
determined by the department, a report with the department or
the Nationwide Mortgage Licensing System and Registry, as
determined by the department, setting forth such information
as the department shall require concerning the first or
secondary mortgage loan business conducted by the licensee.
Licensees who fail to file the required report at the date
required by the department may be subject to a penalty of
$100 for each day after the due date until the report is
filed.
* * *
Section 8. This act shall take effect in 90 days.
SECTION 8. TITLE 7 IS AMENDED BY ADDING A SECTION TO READ:
§ 6141. MORTGAGE SERVICERS.
(A) REGULATORY COORDINATION.--IN ORDER TO IMPLEMENT THIS
CHAPTER AS APPLICABLE TO MORTGAGE SERVICERS, THE FOLLOWING
APPLY:
(1) SUBJECT TO PARAGRAPH (2), THE DEPARTMENT SHALL
PROMULGATE REGULATIONS WHICH EFFECTIVELY INCORPORATE THE
CONSUMER FINANCIAL PROTECTION BUREAU'S MORTGAGE SERVICER
REGULATIONS AT 12 CFR PT. 1024, SUBPT. C (RELATING TO
MORTGAGE SERVICING), OTHER THAN 12 CFR § 1024.30 (RELATING TO
SCOPE).
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(2) WHEN THE FEDERAL REGULATIONS UNDER PARAGRAPH (1) ARE
ALTERED, THE DEPARTMENT SHALL PROMULGATE REGULATIONS MAKING
THE APPROPRIATE INCORPORATION.
(3) REGULATIONS UNDER THIS SUBSECTION SHALL NOT BE
SUBJECT TO ANY OF THE FOLLOWING:
(I) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT
OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(II) SECTIONS 204(B) AND 301(10) OF THE ACT OF
OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
COMMONWEALTH ATTORNEYS ACT.
(III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
KNOWN AS THE REGULATORY REVIEW ACT.
(B) FAILURE OF REGULATORY COORDINATION.--I F AN ALTERATION OF
FEDERAL REGULATIONS UNDER SUBSECTION (A)(2) RESULTS IN A
COMPLETE LACK OF FEDERAL REGULATIONS IN THE AREA, ALL OF THE
FOLLOWING APPLY:
(1) THE VERSION OF THE PENNSYLVANIA REGULATIONS IN
EFFECT AT THE TIME OF THE ALTERATION SHALL REMAIN IN EFFECT
FOR TWO YEARS.
(2) DURING THE TIME PERIOD UNDER PARAGRAPH (1), THE
DEPARTMENT SHALL PROMULGATE REPLACEMENT REGULATIONS.
SECTION 9. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) THE ADDITION OF 7 PA.C.S. § 6141.
(II) THIS SECTION.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT UPON THE
EFFECTIVE DATE OF REGULATIONS PROMULGATED UNDER 7 PA.C.S. §
6141.
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