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SENATE AMENDED
PRIOR PRINTER'S NOS. 1828, 2064
PRINTER'S NO. 2267
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1461
Session of
2019
INTRODUCED BY FEE, GREINER, MILLARD, RYAN, HICKERNELL,
B. MILLER, SNYDER, JOZWIAK, KLUNK, PYLE, OBERLANDER, MENTZER,
ZIMMERMAN, SOLOMON, MOUL, GROVE AND GILLEN, MAY 14, 2019
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 26, 2019
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in Office of State Inspector General, further
providing for criminal charges. AMENDING THE ACT OF APRIL 9,
1929 (P.L.177, NO.175), ENTITLED "AN ACT PROVIDING FOR AND
REORGANIZING THE CONDUCT OF THE EXECUTIVE AND ADMINISTRATIVE
WORK OF THE COMMONWEALTH BY THE EXECUTIVE DEPARTMENT THEREOF
AND THE ADMINISTRATIVE DEPARTMENTS, BOARDS, COMMISSIONS, AND
OFFICERS THEREOF, INCLUDING THE BOARDS OF TRUSTEES OF STATE
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NORMAL SCHOOLS, OR TEACHERS COLLEGES; ABOLISHING, CREATING,
REORGANIZING OR AUTHORIZING THE REORGANIZATION OF CERTAIN
ADMINISTRATIVE DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING
THE POWERS AND DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND
ADMINISTRATIVE OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE
DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE
SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN
OTHER EXECUTIVE AND ADMINISTRATIVE OFFICERS; PROVIDING FOR
THE APPOINTMENT OF CERTAIN ADMINISTRATIVE OFFICERS, AND OF
ALL DEPUTIES AND OTHER ASSISTANTS AND EMPLOYES IN CERTAIN
DEPARTMENTS, BOARDS, AND COMMISSIONS; PROVIDING FOR JUDICIAL
ADMINISTRATION; AND PRESCRIBING THE MANNER IN WHICH THE
NUMBER AND COMPENSATION OF THE DEPUTIES AND ALL OTHER
ASSISTANTS AND EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND
COMMISSIONS SHALL BE DETERMINED,"
IN ADMINISTRATIVE ORGANIZATION,
REPEALING PROVISIONS RELATING TO EMPLOYEES WITH
ACCESS TO FEDERAL TAX INFORMATION AND PROVIDING FOR
CRIMINAL HISTORY BACKGROUND CHECKS OF EMPLOYEES AND
CONTRACTORS WITH ACCESS TO FEDERAL TAX INFORMATION;
IN ORGANIZATION OF INDEPENDENT ADMINISTRATIVE BOARDS AND
COMMISSIONS,
PROVIDING FOR CENTER FOR RURAL PENNSYLVANIA;
IN OFFICE OF STATE INSPECTOR GENERAL,
FURTHER PROVIDING FOR POWERS, PURPOSE AND DUTIES AND
FOR CRIMINAL CHARGES;
IN COMMONWEALTH BUDGET PROCEDURES,
FURTHER PROVIDING FOR SUBMISSION OF BUDGET TO GENERAL
ASSEMBLY;
IN COMMONWEALTH AGENCY FEES,
FURTHER PROVIDING FOR DEPARTMENT OF STATE;
IN INDEPENDENT FISCAL OFFICE,
FURTHER PROVIDING FOR REVENUE ESTIMATES;
PROVIDING FOR JOINT UNDERWRITING ASSOCIATION
ACCOUNTABILITY;
IN POWERS AND DUTIES OF THE DEPARTMENT OF LABOR AND
INDUSTRY, ITS DEPARTMENTAL ADMINISTRATIVE AND ADVISORY BOARDS
AND DEPARTMENTAL ADMINISTRATIVE OFFICERS,
PROVIDING FOR BUREAU OF OCCUPATIONAL AND INDUSTRIAL
SAFETY;
PROVIDING FOR LEGISLATIVE AGENCIES AND THE CONTINUATION
OF PENNSYLVANIA COMMISSION ON SENTENCING; AND
MAKING EDITORIAL CHANGES AND RELATED REPEALS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 506-A of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
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amended to read:
Section 506-A. Criminal charges.
Notwithstanding any other provision of law, the State
Inspector General shall have the power to investigate and may
file criminal charges for a violation of any of the following:
(1) Section 481 of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code.
(2) Section 1408 of the Human Services Code.
[(3) 18 Pa.C.S. § 7313 (relating to buying or exchanging
Federal food order coupons, stamps, authorization cards or
access devices).
(4) 18 Pa.C.S. § 7314 (relating to fraudulent traffic in
food orders).]
(3) The following provisions of 18 Pa.C.S. (relating to
crimes and offenses) which are substantially related to the
administration of benefits by the Department of Human
Services:
(i) Section 3921 (relating to theft by unlawful
taking or disposition).
(ii) Section 3922 (relating to theft by deception).
(iii) Section 4101 (relating to forgery).
(iv) Section 4104 (relating to tampering with
records or identification).
(v) Section 4106 (relating to access device fraud).
(vi) Section 4107 (relating to deceptive or
fraudulent business practices).
(vii) Section 4120 (relating to identity theft).
(viii) Section 4914 (relating to false
identification to law enforcement authorities).
(ix) Section 7313 (relating to buying or exchanging
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Federal Supplemental Nutrition Assistance Program (SNAP)
benefit coupons, stamps, authorization cards or access
devices.)
(x) Section 7314 (relating to fraudulent traffic in
Supplemental Nutrition Assistance Program (SNAP)
benefits).
Section 2. This act shall take effect in 60 days.
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
ADMINISTRATION OF THE 2019-2020 COMMONWEALTH BUDGET.
(2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS
EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE
PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.
(3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THE
COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
HAS REPEATEDLY AFFIRMED THAT, "IT IS FUNDAMENTAL WITHIN
PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
NECESSARY FOR THEIR OPERATION."
(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
THE 2019-2020 BUDGET IMPLEMENTATION AND THE ADMINISTRATION OF
STATE GOVERNMENT WHICH IMPACT REVENUE MAY BE REQUIRED TO
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DISCHARGE THIS CONSTITUTIONAL OBLIGATION.
(5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION
ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL
ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL
APPROPRIATIONS ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
COMPREHENSIVE BUDGET INVOLVES ADMINISTRATIVE ACTION RELATED
TO APPROPRIATIONS. ULTIMATELY, THE BUDGET HAS TO BE BALANCED
UNDER SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF
PENNSYLVANIA. THIS MAY NECESSITATE ADMINISTRATIVE CHANGES AND
THE ENACTMENT OF STATUTES TO ACHIEVE FULL COMPLIANCE WITH
THESE CONSTITUTIONAL PROVISIONS.
(6) AMONG THE MANY ADMINISTRATIVE CHALLENGES FACED BY
THE COMMONWEALTH IS USE OF FINANCIAL RESOURCES IN A FISCALLY
RESPONSIBLE MANNER, THE TIMELY SUBMISSION OF FINANCIAL DATA
RELATED TO THE ANNUAL BUDGET PROCESS BY THE INDEPENDENT
FISCAL OFFICE, THE EXTENSION OF AUDIT AUTHORITY TO ENSURE
THAT PUBLIC FUNDS ARE USED FOR THEIR INTENDED PURPOSES AND
OTHER RELATED CHANGES NECESSARY TO ACCOMPLISH THE GOAL SET
FORTH IN PARAGRAPH (7).
(7) FOR THE REASONS SET FORTH IN PARAGRAPHS (1) THROUGH
(6), IT IS THE INTENT OF THE GENERAL ASSEMBLY THROUGH THIS
ACT TO PROVIDE FOR THE ADMINISTRATIVE IMPLEMENTATION OF THE
2019-2020 COMMONWEALTH BUDGET.
(8) EVERY PROVISION OF THIS ACT RELATES TO THE
ADMINISTRATIVE IMPLEMENTATION OF THE OPERATING BUDGET OF THE
COMMONWEALTH FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS
THE ADMINISTRATIVE OPERATIONS AND POTENTIAL LIABILITIES OF
THE COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO
IMPLEMENT THE 2019-2020 COMMONWEALTH BUDGET WITHOUT
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SPECIFICALLY APPROPRIATING PUBLIC MONEY FROM THE GENERAL
FUND. THIS ACT PROVIDES ADMINISTRATIVE ACCOUNTABILITY FOR
SPENDING AND MAKES OTHER CHANGES NECESSARY TO IMPACT THE
AVAILABILITY OF REVENUE IN ORDER TO MEET THE REQUIREMENTS OF
SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF
PENNSYLVANIA AND TO IMPLEMENT THE ACT OF JUNE , 2019 (P.L. ,
NO.1A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2019.
SECTION 2. SECTION 225 OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS REPEALED:
[SECTION 225. EMPLOYES WITH ACCESS TO FEDERAL TAX
INFORMATION.--(A) AS REQUIRED UNDER ANY FEDERAL LAW, REGULATION
OR PUBLISHED GUIDANCE FROM THE INTERNAL REVENUE SERVICE, AN
EMPLOYE OR PROSPECTIVE EMPLOYE WHOSE DUTIES AND RESPONSIBILITIES
REQUIRE OR WILL REQUIRE ACCESS TO FEDERAL TAX INFORMATION SHALL
SUBMIT ALL OF THE FOLLOWING TO THE EMPLOYE'S OR PROSPECTIVE
EMPLOYE'S EMPLOYER:
(1) A REPORT OF FEDERAL CRIMINAL HISTORY RECORD INFORMATION.
(2) A REPORT OF CRIMINAL HISTORY RECORD INFORMATION FROM THE
PENNSYLVANIA STATE POLICE AS PROVIDED UNDER 18 PA.C.S. CH. 91
(RELATING TO CRIMINAL HISTORY RECORD INFORMATION) OR A STATEMENT
FROM THE PENNSYLVANIA STATE POLICE THAT THE PENNSYLVANIA STATE
POLICE CENTRAL REPOSITORY CONTAINS NO INFORMATION RELATING TO
THE INDIVIDUAL. THE CRIMINAL HISTORY RECORD INFORMATION SHALL BE
LIMITED TO THAT WHICH IS DISSEMINATED UNDER 18 PA.C.S. § 9121(B)
(2) (RELATING TO GENERAL REGULATIONS).
(3) VALIDATION OF THE EMPLOYE'S OR PROSPECTIVE EMPLOYE'S
ELIGIBILITY TO LEGALLY WORK IN THE UNITED STATES.
(B) FOR THE PURPOSE OF COMPLYING WITH SUBSECTION (A)(1), AN
EMPLOYE OR PROSPECTIVE EMPLOYE SHALL PROVIDE FINGERPRINTS TO THE
PENNSYLVANIA STATE POLICE, ITS AGENT OR AN AGENT APPROVED FOR
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FINGERPRINTING BY THE FEDERAL GOVERNMENT. THE FINGERPRINTS MAY
BE USED BY THE PENNSYLVANIA STATE POLICE TO CONDUCT A CRIMINAL
BACKGROUND CHECK AND SHALL BE FORWARDED TO THE FEDERAL BUREAU OF
INVESTIGATION FOR A NATIONAL CRIMINAL BACKGROUND CHECK.
(C) (1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), INFORMATION
RELATING TO AN EMPLOYE OR PROSPECTIVE EMPLOYE SUBMITTED TO OR
OBTAINED BY AN EMPLOYER OR PROSPECTIVE EMPLOYER UNDER THIS
SECTION SHALL BE INTERPRETED AND USED ONLY TO DETERMINE THE
EMPLOYE'S OR PROSPECTIVE EMPLOYE'S CHARACTER, FITNESS AND
SUITABILITY TO ACCESS FEDERAL TAX INFORMATION.
(2) AN EMPLOYER MAY UTILIZE INFORMATION OBTAINED UNDER THIS
SECTION FOR EMPLOYMENT DECISIONS, INCLUDING HIRING OF AN
APPLICANT, PROMOTION OF A CURRENT EMPLOYE OR DISCIPLINARY ACTION
AGAINST AN EMPLOYE REGARDING A POSITION THAT REQUIRES ACCESS TO
FEDERAL TAX INFORMATION.
(3) AN EMPLOYER MAY RECEIVE AND RETAIN INFORMATION
CONSISTENT WITH THIS SECTION THAT IS OTHERWISE PROTECTED UNDER
18 PA.C.S. CH. 91, SUBJECT TO ANY REQUIREMENTS RELATED TO
REDACTION AS SPECIFIED IN 18 PA.C.S. § 9121(B)(2).
(D) AN INDIVIDUAL WHO HAS BEEN CLEARED TO ACCESS FEDERAL TAX
INFORMATION UNDER THIS SECTION SHALL REAPPLY FOR CLEARANCE UNDER
SUBSECTIONS (A) AND (B) WITHIN TEN YEARS OF THE ISSUANCE OF THE
PRIOR CLEARANCE UNLESS THE EMPLOYER PARTICIPATES IN A PROGRAM
EXEMPTING EMPLOYES FROM CLEARANCE.
(E) A COMMONWEALTH AGENCY RECEIVING FEDERAL TAX INFORMATION
THAT TRANSFERS THE FEDERAL TAX INFORMATION TO ANY OTHER ENTITY
EXCEPT AS IT INVOLVES A FEDERAL OR STATE COURT OR THE BOARD OF
FINANCE AND REVENUE AS PART OF A LEGAL PROCEEDING BEFORE THE
SAME MAY AUDIT THAT ENTITY TO DETERMINE COMPLIANCE WITH THIS
SECTION.
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(F) THE DEPARTMENT OF REVENUE SHALL PUBLISH GUIDELINES TO
IMPLEMENT THIS SECTION.
(G) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"EMPLOYER." ANY COMMONWEALTH AGENCY, OFFICE, DEPARTMENT,
AUTHORITY, BOARD, MULTISTATE AGENCY OR COMMISSION OF THE
EXECUTIVE BRANCH, AN INDEPENDENT AGENCY OR STATE-AFFILIATED
ENTITY, POLITICAL SUBDIVISION OR A CONTRACTOR THEREOF, RECEIVING
FEDERAL TAX INFORMATION, EVEN THOUGH THE FEDERAL TAX INFORMATION
MAY BE FORWARDED TO ANOTHER COMMONWEALTH AGENCY, POLITICAL
SUBDIVISION OR CONTRACTOR, FROM ANY OF THE FOLLOWING:
(1) THE INTERNAL REVENUE SERVICE.
(2) THE SOCIAL SECURITY ADMINISTRATION.
(3) UNDER SECTION 6103 OF THE INTERNAL REVENUE CODE OF 1986
(PUBLIC LAW 99-514, 26 U.S.C. § 6103).
(4) BY EXCHANGE AGREEMENT APPROVED BY THE INTERNAL REVENUE
SERVICE.
(5) ANY OTHER SECONDARY SOURCE.
"FEDERAL TAX INFORMATION." INCLUDES ANY "RETURN" OR "RETURN
INFORMATION" AS DEFINED IN SECTION 6103 OF THE INTERNAL REVENUE
CODE OF 1986.]
SECTION 3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 226. CRIMINAL HISTORY BACKGROUND CHECKS OF EMPLOYES
AND CONTRACTORS WITH ACCESS TO FEDERAL TAX INFORMATION.--(A) AN
AGENCY SHALL REQUIRE ANY CURRENT OR PROSPECTIVE EMPLOYE OR
CONTRACTOR WHOSE DUTIES AND RESPONSIBILITIES REQUIRE, OR WILL
REQUIRE, ACCESS TO FEDERAL TAX INFORMATION TO SUBMIT TO A
CRIMINAL HISTORY BACKGROUND CHECK TO BE CONDUCTED BY THE
PENNSYLVANIA STATE POLICE. A CURRENT OR PROSPECTIVE EMPLOYE OR
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CONTRACTOR SHALL SUBMIT FINGERPRINTS AND OTHER IDENTIFYING
INFORMATION TO THE PENNSYLVANIA STATE POLICE. AN INDIVIDUAL WHO
REFUSES TO COMPLY WITH THIS SUBSECTION WILL NOT BE CONSIDERED
SUITABLE TO ACCESS FEDERAL TAX INFORMATION FOR PURPOSES OF
SUBSECTION (C).
(B) WHEN A CRIMINAL HISTORY BACKGROUND CHECK IS REQUESTED
UNDER SUBSECTION (A), THE PENNSYLVANIA STATE POLICE, OR ITS
DESIGNEE, SHALL DO ALL OF THE FOLLOWING:
(1) PROVIDE THE AGENCY WITH A REPORT OF THE INDIVIDUAL'S
CRIMINAL HISTORY RECORD INFORMATION AS DEFINED BY 18 PA.C.S. §
9102 (RELATING TO DEFINITIONS) OR A STATEMENT THAT THE
PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY CONTAINS NO
INFORMATION RELATING TO THE INDIVIDUAL. THE CRIMINAL HISTORY
RECORD INFORMATION SHALL BE LIMITED TO THAT WHICH IS
DISSEMINATED UNDER 18 PA.C.S. § 9121(B)(2) (RELATING TO GENERAL
REGULATIONS).
(2) SUBMIT THE INDIVIDUAL'S FINGERPRINTS TO THE FEDERAL
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS
CHECK.
(3) PROVIDE THE AGENCY WITH THE NATIONAL CRIMINAL HISTORY
RECORD INFORMATION OF THE INDIVIDUAL. THE INFORMATION PROVIDED
UNDER THIS SUBSECTION MAY NOT BE LIMITED BY 18 PA.C.S. § 9121(B)
(2).
(C) INFORMATION RELATING TO A CURRENT OR PROSPECTIVE EMPLOYE
OR CONTRACTOR SUBMITTED TO OR OBTAINED BY AN AGENCY UNDER THIS
SECTION SHALL BE INTERPRETED AND USED ONLY TO DETERMINE THE
INDIVIDUAL'S CHARACTER, FITNESS AND SUITABILITY TO ACCESS
FEDERAL TAX INFORMATION. IF AN AGENCY DETERMINES AN INDIVIDUAL
IS NOT SUITABLE TO ACCESS FEDERAL TAX INFORMATION, THE AGENCY
SHALL TAKE APPROPRIATE ACTION, INCLUDING:
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(1) DECLINING TO HIRE OR UTILIZE THE SERVICES OF THE
INDIVIDUAL;
(2) TRANSFERRING THE INDIVIDUAL TO A POSITION THAT DOES NOT
REQUIRE ACCESS TO FEDERAL TAX INFORMATION; OR
(3) TERMINATING THE INDIVIDUAL'S EMPLOYMENT.
(D) AN AGENCY MAY RECEIVE AND RETAIN INFORMATION CONSISTENT
WITH THIS SECTION THAT IS OTHERWISE PROTECTED UNDER 18 PA.C.S.
CH. 91 (RELATING TO CRIMINAL HISTORY RECORD INFORMATION),
SUBJECT TO ANY REQUIREMENTS RELATED TO REDACTION AS SPECIFIED IN
18 PA.C.S. § 9121(B)(2) WITH RESPECT TO INFORMATION DESCRIBED IN
SUBSECTION (B)(1). ALL INFORMATION RECEIVED AND RETAINED BY AN
AGENCY IN ACCORDANCE WITH THIS SECTION SHALL BE MARKED AS
CONFIDENTIAL AND SHALL BE EXCLUDED FROM ANY REQUIREMENT OF
PUBLIC DISCLOSURE AS A PUBLIC RECORD.
(E) AN INDIVIDUAL WHO HAS BEEN DETERMINED SUITABLE TO ACCESS
FEDERAL TAX INFORMATION UNDER THIS SECTION SHALL RESUBMIT TO A
CRIMINAL HISTORY BACKGROUND CHECK UNDER SUBSECTIONS (A) AND (B)
WITHIN TEN YEARS OF THE INDIVIDUAL'S LAST CHECK UNDER THIS
SECTION, UNLESS THE AGENCY PARTICIPATES IN A PROGRAM EXEMPTING
EMPLOYES FROM CLEARANCE.
(F) AN AGENCY RECEIVING FEDERAL TAX INFORMATION THAT
TRANSFERS THE FEDERAL TAX INFORMATION TO ANY OTHER ENTITY EXCEPT
AS IT INVOLVES A FEDERAL OR STATE COURT OR THE BOARD OF FINANCE
AND REVENUE AS PART OF A LEGAL PROCEEDING BEFORE THE SAME MAY
AUDIT THAT ENTITY TO DETERMINE COMPLIANCE WITH THIS SECTION.
(G) THE DEPARTMENT OF REVENUE MAY PUBLISH GUIDELINES TO
IMPLEMENT THIS SECTION.
(H) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
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"AGENCY." A COMMONWEALTH AGENCY, OFFICE, DEPARTMENT,
AUTHORITY, BOARD OR COMMISSION OF THE EXECUTIVE BRANCH OR A
POLITICAL SUBDIVISION RECEIVING FEDERAL TAX INFORMATION, EVEN
THOUGH THE FEDERAL TAX INFORMATION MAY BE FORWARDED TO THE
AGENCY FROM OR THROUGH ANY OF THE FOLLOWING:
(1) THE INTERNAL REVENUE SERVICE.
(2) THE SOCIAL SECURITY ADMINISTRATION.
(3) A PERMITTED DISCLOSURE UNDER SECTION 6103 OF THE
INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. §
6103).
(4) BY EXCHANGE AGREEMENT APPROVED BY THE INTERNAL REVENUE
SERVICE.
(5) ANY OTHER SECONDARY SOURCE.
"CONTRACTOR." AN INDIVIDUAL WHO IS NOT AN EMPLOYE OF AN
AGENCY AND PERFORMS WORK FUNCTIONS FOR AN AGENCY UNDER THE TERMS
OF A WRITTEN AGREEMENT, REGARDLESS OF WHETHER THE WRITTEN
AGREEMENT IS DIRECTLY WITH THE AGENCY OR A THIRD PARTY.
"FEDERAL TAX INFORMATION." INCLUDES ANY "RETURN" OR "RETURN
INFORMATION" AS DEFINED IN SECTION 6103 OF THE INTERNAL REVENUE
CODE OF 1986.
SECTION 311. CENTER FOR RURAL PENNSYLVANIA.--THE BOARD OF
DIRECTORS UNDER SECTION 302(A) OF THE ACT OF JUNE 30, 1987
(P.L.163, NO.16), KNOWN AS THE "RURAL PENNSYLVANIA
REVITALIZATION ACT," SHALL INCLUDE TWO ADDITIONAL MEMBERS, ONE
OF WHOM SHALL BE A REPRESENTATIVE FROM THE NORTHERN PENNSYLVANIA
REGIONAL COLLEGE AND ONE OF WHOM SHALL BE A REPRESENTATIVE FROM
THE PENNSYLVANIA COLLEGE OF TECHNOLOGY.
SECTION 4. SECTIONS 503-A(C)(1), 506-A AND 613 OF THE ACT
ARE AMENDED TO READ:
SECTION 503-A. POWERS, PURPOSE AND DUTIES.
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* * *
(C) DUTIES.--THE STATE INSPECTOR GENERAL SHALL:
(1) INSPECT, EVALUATE, INVESTIGATE AND REVIEW THE
ACTIVITIES, RECORDS AND INDIVIDUALS WITH CONTRACTS,
PROCUREMENTS, GRANTS, AGREEMENTS AND OTHER FINANCIAL
ARRANGEMENTS UNDERTAKEN BY AN EXECUTIVE AGENCY FOR THE
PURPOSES OF IDENTIFYING FRAUD, WASTE, MISCONDUCT OR ABUSE.
THIS PARAGRAPH SHALL INCLUDE ALL CONTRACTS ENTERED INTO BY
THE PENNSYLVANIA STATEWIDE RADIO NETWORK AFTER JUNE 30, 1996.
* * *
SECTION 506-A. CRIMINAL CHARGES.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE
INSPECTOR GENERAL SHALL HAVE THE POWER TO INVESTIGATE AND MAY
FILE CRIMINAL CHARGES FOR A VIOLATION OF ANY OF THE FOLLOWING:
(1) SECTION 481 OF THE ACT OF JUNE 13, 1967 (P.L.31,
NO.21), KNOWN AS THE HUMAN SERVICES CODE.
(2) SECTION 1408 OF THE HUMAN SERVICES CODE.
[(3) 18 PA.C.S. § 7313 (RELATING TO BUYING OR EXCHANGING
FEDERAL FOOD ORDER COUPONS, STAMPS, AUTHORIZATION CARDS OR
ACCESS DEVICES).
(4) 18 PA.C.S. § 7314 (RELATING TO FRAUDULENT TRAFFIC IN
FOOD ORDERS).]
(3) THE FOLLOWING PROVISIONS OF 18 PA.C.S. (RELATING TO
CRIMES AND OFFENSES) WHICH ARE SUBSTANTIALLY RELATED TO THE
ADMINISTRATION OF BENEFITS BY THE DEPARTMENT OF HUMAN
SERVICES:
(I) SECTION 3921 (RELATING TO THEFT BY UNLAWFUL
TAKING OR DISPOSITION).
(II) SECTION 3922 (RELATING TO THEFT BY DECEPTION).
(III) SECTION 4101 (RELATING TO FORGERY).
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(IV) SECTION 4104 (RELATING TO TAMPERING WITH
RECORDS OR IDENTIFICATION).
(V) SECTION 4106 (RELATING TO ACCESS DEVICE FRAUD).
(VI) SECTION 4107 (RELATING TO DECEPTIVE OR
FRAUDULENT BUSINESS PRACTICES).
(VII) SECTION 4120 (RELATING TO IDENTITY THEFT).
(VIII) SECTION 4914 (RELATING TO FALSE
IDENTIFICATION TO LAW ENFORCEMENT AUTHORITIES).
(IX) SECTION 7313 (RELATING TO BUYING OR EXCHANGING
FEDERAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
BENEFIT COUPONS, STAMPS, AUTHORIZATION CARDS OR ACCESS
DEVICES.)
(X) SECTION 7314 (RELATING TO FRAUDULENT TRAFFIC IN
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
BENEFITS).
SECTION 613. SUBMISSION OF BUDGET TO GENERAL ASSEMBLY.--(A)
AS SOON AS POSSIBLE AFTER THE ORGANIZATION OF THE GENERAL
ASSEMBLY, BUT NOT LATER THAN THE FIRST FULL WEEK IN FEBRUARY OF
EACH YEAR, EXCEPT IN THE CASE WHERE A GOVERNOR HAS BEEN ELECTED
FOR HIS FIRST TERM OF OFFICE AND THEN NO LATER THAN THE FIRST
FULL WEEK IN MARCH, THE GOVERNOR SHALL SUBMIT TO THE GENERAL
ASSEMBLY COPIES OF ORIGINAL AGENCY BUDGET REQUESTS AND ALL
SUBSEQUENT REVISED AGENCY BUDGET REQUESTS AND A STATE BUDGET AND
PROGRAM AND FINANCIAL PLAN EMBRACING:
(1) A BALANCED OPERATING BUDGET FOR THE ENSUING FISCAL YEAR
SETTING FORTH IN DETAIL:
(I) THE AMOUNTS RECOMMENDED BY HIM TO BE APPROPRIATED TO THE
GENERAL ASSEMBLY, THE JUDICIAL DEPARTMENT, THE GOVERNOR, AND THE
SEVERAL ADMINISTRATIVE DEPARTMENTS, BOARDS, AND COMMISSIONS OF
THE STATE GOVERNMENT, AND TO INSTITUTIONS WITHIN THE STATE, AND
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FOR ALL PUBLIC PURPOSES, CLASSIFIED BY DEPARTMENT OR AGENCY AND
BY PROGRAM.
(II) THE ESTIMATED REVENUES OR RECEIPTS FROM ANY AND ALL
SOURCES, AND AN ESTIMATED AMOUNT TO BE RAISED BY TAXATION OR
OTHERWISE, INCLUDING PROPOSALS FOR NEW REVENUES AND RECEIPTS.
(2) A CAPITAL BUDGET FOR THE ENSUING FISCAL YEAR SETTING
FORTH CAPITAL PROJECTS TO BE FINANCED FROM THE PROCEEDS OF
OBLIGATIONS OF THE COMMONWEALTH OR OF ITS AGENCIES OR
AUTHORITIES OR FROM OPERATING FUNDS.
(3) A PROGRAM AND FINANCIAL PLAN FOR NOT LESS THAN THE PRIOR
FISCAL YEAR, THE CURRENT FISCAL YEAR, THIS BUDGET YEAR AND THE
FOUR SUCCEEDING FISCAL YEARS, WHICH PLAN SHALL INCLUDE FOR EACH
SUCH FISCAL YEAR:
(I) ACTUAL OR ESTIMATED OPERATING EXPENDITURES CLASSIFIED BY
DEPARTMENT OR AGENCY AND BY PROGRAM, IN REASONABLE DETAIL, AND
ACTUAL OR ESTIMATED REVENUE BY MAJOR CATEGORIES FROM EXISTING
AND ADDITIONAL SOURCES.
(II) CLEARLY STATED PURPOSES OF EACH PROGRAM IN TERMS OF
DESIRED ACCOMPLISHMENTS.
(III) MEASURES USED TO DETERMINE TO WHAT EXTENT SUCH PROGRAM
HAS ACHIEVED ITS STATED PURPOSES.
(IV) ACTUAL OR ESTIMATED LEVELS OF ACCOMPLISHMENT FOR EACH
PROGRAM AND ACTUAL OR ESTIMATED LEVELS OF PROGRAM ACTIVITIES AND
THEIR ASSOCIATED COSTS.
(V) CLEARLY STATED PURPOSES FOR EACH RECOMMENDED NEW OR
REVISED PROGRAM, MEASURES TO BE USED TO DETERMINE WHETHER EACH
NEW OR REVISED PROGRAM HAS ACHIEVED ITS PURPOSE, ESTIMATED
LEVELS OF ADDITIONAL OR NEW ACCOMPLISHMENT OF EACH NEW OR
REVISED PROGRAM, ESTIMATED LEVELS OF ADDITIONAL ACTIVITIES FOR
EACH SUCH PROGRAM, AND THEIR ASSOCIATED COSTS.
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(VI) WHEN THE SECRETARY OF THE BUDGET IDENTIFIES A NEW OR
EXPANDED PROGRAM BY CRITERIA USED IN THE BUDGET INSTRUCTIONS,
THE NEW OR EXPANDED PROGRAM SHALL BE DISPLAYED AND JUSTIFIED AS
A SEPARATE ITEM IN THE GOVERNOR'S BUDGET REQUEST. A NEW PROGRAM
SHALL NOT BE CONSIDERED TO BE ENACTED BY THE GENERAL ASSEMBLY IN
ITS FIRST YEAR UNLESS IT IS SPECIFICALLY REFERRED TO OR
DISPLAYED AS A LINE ITEM IN AN APPROPRIATION BILL.
(4) THE BUDGET SHALL LIST AS A SINGLE, SEPARATE LINE ITEM
FOR EACH ADMINISTRATIVE DEPARTMENT, BOARD, AND COMMISSION THE
AMOUNT WHICH THE GOVERNOR RECOMMENDS TO BE APPROPRIATED FOR THE
ENSUING FISCAL YEAR FOR PUBLIC RELATIONS. FOR THE PURPOSES OF
THIS CLAUSE, "PUBLIC RELATIONS" SHALL INCLUDE THE PREPARATION,
PRESENTATION AND DISTRIBUTION OF ADVERTISING, PUBLICATIONS,
RADIO TAPES, TELEVISION FILMS AND TAPES, AND MEDIA RELEASES. THE
SEPARATE LINE ITEM SHALL INCLUDE ALL COMPENSATION, INCLUDING
FRINGE BENEFITS; ALL TRAVEL, MEAL, LODGING, AND SIMILAR
EXPENSES; THE COST OF PURCHASING NEW EQUIPMENT AND SUPPLIES; THE
COST OF LEASING OFFICES AND EQUIPMENT; THE COST OF PURCHASING
MATERIAL, INCLUDING NEWSPAPERS, MAGAZINES, MOVIES, FILMS AND
TAPES; THE COST OF USING WIRE SERVICE EQUIPMENT; AND ALL OTHER
SIMILAR PUBLIC RELATIONS EXPENDITURES.
(5) FOR A REQUEST FOR AN ADDITIONAL APPROPRIATION FROM STATE
FUNDS FOR A FISCAL YEAR PRIOR TO THE FISCAL YEAR WHICH IS THE
SUBJECT OF THE SUBMISSION UNDER THIS SUBSECTION, A WRITTEN
STATEMENT DETAILING THE AMOUNTS REQUESTED AND THE NEED FOR THE
ADDITIONAL APPROPRIATION.
(B) FOR A REQUEST FOR AN ADDITIONAL APPROPRIATION FROM STATE
FUNDS MADE AFTER THE SUBMISSIONS UNDER SUBSECTION (A) BY THE
GOVERNOR TO THE GENERAL ASSEMBLY FOR A FISCAL YEAR PRIOR TO THE
NEXT SUCCEEDING FISCAL YEAR, THE REQUEST SHALL INCLUDE A WRITTEN
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STATEMENT DETAILING THE AMOUNTS REQUESTED AND THE NEED FOR THE
ADDITIONAL APPROPRIATION.
(C) WRITTEN STATEMENTS UNDER SUBSECTIONS (A)(5) AND (B)
SHALL BE SUBMITTED TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND
MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES NO LATER THAN OCTOBER 31 AND MAY 31 OF EACH
YEAR.
SECTION 5. SECTION 618-A OF THE ACT IS AMENDED BY ADDING A
PARAGRAPH TO READ:
SECTION 618-A. DEPARTMENT OF STATE.--THE DEPARTMENT OF STATE
IS AUTHORIZED TO CHARGE FEES FOR THE FOLLOWING PURPOSES AND IN
THE FOLLOWING AMOUNTS:
* * *
(3) STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND
SALESPERSONS.--IN ADDITION TO THE LIMITATIONS UNDER SECTION
327(C) OF THE ACT OF DECEMBER 22, 1983 (P.L.306, NO.84), KNOWN
AS THE "BOARD OF VEHICLES ACT," THE MAXIMUM DOCUMENTARY FEE
LIMITATION IMPOSED UNDER SECTION 327(C) AS ADJUSTED UNDER
SECTION 327(D) SHALL INCLUDE AN ADDITIONAL AMOUNT EQUAL TO THE
PRODUCT OF SECTION 327(C)(1) OR SECTION 327(C)(2) MULTIPLIED BY
A FACTOR OF 1.7 TO ESTABLISH A MAXIMUM DOCUMENTARY FEE THAT
EQUALS ALL COSTS ASSOCIATED WITH THE REQUIREMENTS UNDER SECTION
327.
SECTION 6. SECTION 605-B(E) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
SECTION 605-B. REVENUE ESTIMATES.
(A.1) INITIAL REVENUE ESTIMATE.--BY MAY 20 OF EACH YEAR, THE
OFFICE SHALL SUBMIT TO THE GENERAL ASSEMBLY AN INITIAL REVENUE
ESTIMATE FOR THE NEXT FISCAL YEAR.
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(B.1) OFFICIAL REVENUE ESTIMATE.--THE FOLLOWING APPLY:
(1) BY JUNE 20 OF EACH YEAR, THE OFFICE SHALL SUBMIT AN
OFFICIAL REVENUE ESTIMATE FOR THE NEXT FISCAL YEAR.
(2) A REVENUE ESTIMATE SUBMITTED UNDER THIS SECTION
SHALL BE CONSIDERED BY THE GOVERNOR AND THE GENERAL ASSEMBLY
AS THE AMOUNT OF REVENUE WHICH MAY BE CONSIDERED FOR THE
GENERAL APPROPRIATION ACT FOR THE ENSUING FISCAL YEAR UNLESS
THE GOVERNOR OR THE GENERAL ASSEMBLY DETERMINES THAT REVENUES
ARE GREATER THAN OR LESS THAN THE ESTIMATE PROVIDED UNDER
THIS SECTION. THE OFFICE MAY AMEND THE REVENUE ESTIMATE UNDER
THIS SECTION IF CHANGES IN LAW AFFECTING REVENUES AND
RECEIPTS ARE ENACTED OR PROPOSED TO BE ENACTED WITH THE
ANNUAL STATE BUDGET OR UNLESS SIGNIFICANT CHANGES IN ECONOMIC
ASSUMPTIONS OCCUR PRIOR TO JUNE 30. THE OFFICE SHALL SUBMIT
THE AMENDED REVENUE ESTIMATE TO THE GENERAL ASSEMBLY WITHIN
10 DAYS OF THE CHANGE.
(3) THE OFFICE SHALL PUBLISH THE METHODOLOGY USED TO
DEVELOP REVENUE ESTIMATES.
* * *
(D.1) REQUIRED INFORMATION.--
(1) A REVENUE ESTIMATE SUBMITTED BY THE OFFICE UNDER
SUBSECTION (B) SHALL INCLUDE:
(I) PROJECTED REVENUE COLLECTIONS BY SPECIFIC TAX OR
REVENUE SOURCE, INCLUDING FEDERAL FUNDS, THE GENERAL
FUND, THE STATE LOTTERY FUND AND THE MOTOR LICENSE FUND.
(II) ALL DATA, ASSUMPTIONS AND ECONOMETRIC MODELS
USED TO DEVELOP A REVENUE ESTIMATE.
(III) ANY PROJECTED REVENUE SURPLUS OR DEFICIT FOR
THE CURRENT FISCAL YEAR.
(2) A REVENUE ESTIMATE SHALL BE BASED ON EXISTING LAW
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AND TAX POLICY AND EXISTING OR EMERGING STATE OR NATIONAL
ECONOMIC TRENDS.
(E) PROPOSED CHANGE IN LAW.--THE OFFICE SHALL PREPARE A
REVENUE ESTIMATE OF ANY CHANGE IN LAW AFFECTING REVENUES AND
RECEIPTS, INCLUDING INCREASES IN REGULATORY FEES, PROPOSED OR
CONSIDERED AS PART OF THE ANNUAL STATE BUDGET. IF THE PROPOSED
CHANGE IN LAW WILL HAVE A FISCAL IMPACT IN EXCESS OF $10,000,000
IN ANY FISCAL YEAR, THE ESTIMATE SHALL BE PREPARED ON THE BASIS
OF ASSUMPTIONS THAT ESTIMATE THE PROBABLE BEHAVIORAL RESPONSES
OF TAXPAYERS, BUSINESSES AND OTHER PERSONS TO THE PROPOSED
CHANGES AND SHALL INCLUDE A STATEMENT IDENTIFYING THOSE
ASSUMPTIONS. THE INFORMATION MAY BE USED TO REVISE THE REVENUE
ESTIMATE UNDER SUBSECTION [(A)] (A.1).
* * *
SECTION 7. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XV-B
JOINT UNDERWRITING ASSOCIATION ACCOUNTABILITY
SECTION 1501-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"JOINT UNDERWRITING ASSOCIATION." THE PENNSYLVANIA
PROFESSIONAL LIABILITY JOINT UNDERWRITING ASSOCIATION
ESTABLISHED UNDER SECTION 731 OF THE ACT OF MARCH 20, 2002
(P.L.154, NO.13), KNOWN AS THE MEDICAL CARE AVAILABILITY AND
REDUCTION OF ERROR (MCARE) ACT.
SECTION 1502-B. APPROPRIATIONS.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
OPERATIONS OF THE JOINT UNDERWRITING ASSOCIATION SHALL BE FUNDED
THROUGH APPROPRIATIONS DETERMINED BY THE GENERAL ASSEMBLY.
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SECTION 1503-B. REPORTS AND HEARINGS.
(A) BUDGET ESTIMATES.--THE JOINT UNDERWRITING ASSOCIATION
SHALL SUBMIT WRITTEN ESTIMATES TO THE SECRETARY OF THE BUDGET AS
REQUIRED OF ADMINISTRATIVE DEPARTMENTS, BOARDS AND COMMISSIONS
UNDER SECTION 615. ESTIMATES SHALL BE SUBMITTED FROM TIME TO
TIME AS REQUESTED BY THE GOVERNOR, BUT IN NO EVENT LESS THAN
ONCE EVERY FISCAL YEAR.
(B) TESTIMONY.--THE FOLLOWING SHALL APPLY:
(1) WITHIN 30 DAYS AFTER THE SUBMISSION OF AN ESTIMATE
UNDER SUBSECTION (A), AN AGENT OF THE JOINT UNDERWRITING
ASSOCIATION SHALL APPEAR AT A PUBLIC HEARING OF THE BANKING
AND INSURANCE COMMITTEE OF THE SENATE AND THE INSURANCE
COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO TESTIFY ABOUT
THE ESTIMATE.
(2) THE JOINT UNDERWRITING ASSOCIATION SHALL ANNUALLY
APPEAR BEFORE THE APPROPRIATIONS COMMITTEE OF THE SENATE AND
THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES
TO TESTIFY AS TO THE FISCAL STATUS OF THE JOINT UNDERWRITING
ASSOCIATION AND TO MAKE REQUESTS FOR APPROPRIATIONS.
SECTION 1504-B. BOARD MEETINGS.
THE BOARD OF DIRECTORS OF THE JOINT UNDERWRITING ASSOCIATION
SHALL HOLD QUARTERLY PUBLIC MEETINGS, SUBJECT TO THE
REQUIREMENTS OF 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS), TO
DISCUSS THE ACTUARIAL AND FISCAL STATUS OF THE JOINT
UNDERWRITING ASSOCIATION.
SECTION 1505-B. CONSTRUCTION.
THE JOINT UNDERWRITING ASSOCIATION SHALL BE CONSIDERED A
COMMONWEALTH AGENCY FOR PURPOSES OF:
(1) THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN
AS THE COMMONWEALTH ATTORNEYS ACT;
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(2) THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS
THE RIGHT-TO-KNOW LAW;
(3) THE ACT OF JUNE 30, 2011 (P.L.81, NO.18), KNOWN AS
THE PENNSYLVANIA WEB ACCOUNTABILITY AND TRANSPARENCY
(PENNWATCH) ACT; AND
(4) 62 PA.C.S. PT. I (RELATING TO COMMONWEALTH
PROCUREMENT CODE).
SECTION 1506-B. REQUIREMENTS.
THE JOINT UNDERWRITING ASSOCIATION SHALL:
(1) TRANSMIT TO THE AUDITOR GENERAL, THE STATE
TREASURER, THE SECRETARY OF THE BUDGET AND THE LEGISLATIVE
DATA PROCESSING CENTER A LIST OF ALL EMPLOYEES OF THE JOINT
UNDERWRITING ASSOCIATION REQUIRED UNDER SECTION 614;
(2) CONDUCT THE ASSOCIATION'S OPERATIONS IN FACILITIES
OWNED BY THE COMMONWEALTH; AND
(3) COORDINATE WITH THE DEPARTMENT OF REVENUE TO ENSURE
THAT ANY EMPLOYEE OF THE JOINT UNDERWRITING ASSOCIATION WITH
ACCESS TO FEDERAL TAX INFORMATION HAS MET ALL OF THE
REQUIREMENTS OF THE DEPARTMENT OF REVENUE TO GAIN ACCESS TO
THAT INFORMATION.
SECTION 8. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2219. BUREAU OF OCCUPATIONAL AND INDUSTRIAL
SAFETY.--(A) MONEY COLLECTED BY THE DEPARTMENT OF LABOR AND
INDUSTRY UNDER SECTION 613-A(A) FOR THE 2019-2020 FISCAL YEAR
AND EACH FISCAL YEAR THEREAFTER SHALL BE DISTRIBUTED AS FOLLOWS:
(1) THE AMOUNT OF $10,000,000 SHALL AUGMENT AN APPROPRIATION
MADE TO THE BUREAU OF OCCUPATIONAL AND INDUSTRIAL SAFETY IN A
GENERAL APPROPRIATIONS ACT; AND
(2) ANY AMOUNT IN EXCESS OF THE AMOUNT UNDER PARAGRAPH (1)
SHALL BE DEPOSITED IN THE GENERAL FUND.
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SECTION 9. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XXVIII-F
LEGISLATIVE AGENCIES
(A) PENNSYLVANIA COMMISSION ON SENTENCING
SECTION 2801-F. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"BOARD." THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE.
"COMMISSION." THE PENNSYLVANIA COMMISSION ON SENTENCING
CONTINUED IN SECTION 2802-F.
"DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE
COMMONWEALTH.
SECTION 2802-F. COMMISSION.
(A) CONTINUATION.--THE COMMISSION IS CONTINUED AS AN AGENCY
OF THE GENERAL ASSEMBLY AND SHALL CONSIST OF 11 INDIVIDUALS
SELECTED AS PROVIDED UNDER THIS SUBARTICLE.
(B) SEAL.--THE COMMISSION SHALL HAVE A SEAL ENGRAVED WITH
THE COMMISSION'S NAME AND SUCH OTHER INSCRIPTION AS MAY BE
SPECIFIED BY REGULATION OF THE COMMISSION.
SECTION 2803-F. COMPOSITION OF COMMISSION.
(A) MEMBERS.--THE P ENNSYLVANIA COMMISSION ON SENTENCING
SHALL CONSIST OF THE FOLLOWING:
(1) ONE INDIVIDUAL SELECTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES, WHO SHALL BE A DISTRICT ATTORNEY.
(2) ONE INDIVIDUAL SELECTED BY THE PRESIDENT PRO TEMPORE
OF THE SENATE, WHO SHALL BE A DEFENSE ATTORNEY.
(3) TWO JUDGES OF COURTS OF RECORD SELECTED BY THE CHIEF
JUSTICE OF PENNSYLVANIA.
(3.1) TWO JUDGES OF COURTS OF RECORD, ONE OF WHOM SHALL
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BE SELECTED BY THE PRESIDENT JUDGE OF THE COMMONWEALTH COURT
AND ONE OF WHOM SHALL BE SELECTED BY THE PRESIDENT JUDGE OF
THE SUPERIOR COURT.
(4) ONE INDIVIDUAL SELECTED BY THE CHIEF JUSTICE OF
PENNSYLVANIA, WHO SHALL BE A PROFESSOR OF LAW KNOWLEDGEABLE
IN CRIMINAL SENTENCING.
(5) ONE INDIVIDUAL, WHO MAY BE A MEMBER OF THE HOUSE OF
REPRESENTATIVES, SELECTED BY THE MAJORITY LEADER OF THE HOUSE
OF REPRESENTATIVES.
(6) ONE INDIVIDUAL, WHO MAY BE A MEMBER OF THE HOUSE OF
REPRESENTATIVES, SELECTED BY THE MINORITY LEADER OF THE HOUSE
OF REPRESENTATIVES.
(7) ONE MEMBER OF THE SENATE SELECTED BY THE PRESIDENT
PRO TEMPORE OF THE SENATE.
(8) ONE MEMBER OF THE SENATE SELECTED BY THE MINORITY
LEADER OF THE SENATE.
(B) EX OFFICIO MEMBERS.--THE SECRETARY OF CORRECTIONS AND
THE CHAIRMAN OF THE BOARD, DURING THEIR TENURE IN THEIR
RESPECTIVE POSITIONS, SHALL SERVE AS EX OFFICIO NONVOTING
MEMBERS OF THE COMMISSION.
(C) TERMS OF OFFICE.--THE MEMBERS OF THE COMMISSION SHALL
SERVE FOR TERMS OF TWO YEAR S AND UNTIL A SUCCESSOR HAS BEEN
SELECTED AND QUALIFIED. A VACANCY ON THE COMMISSION SHALL BE
FILLED FOR THE BALANCE OF THE TERM.
(D) CHAIRMAN AND EXECUTIVE DIRECTOR.--THE COMMISSION SHALL
SELECT A CHAIRMAN FROM ITS MEMBERS AND AN EXECUTIVE DIRECTOR.
THE CHAIRMAN SHALL:
(1) PRESIDE AT MEETINGS OF THE COMMISSION.
(2) DIRECT THE PREPARATION OF REQUESTS FOR APPROPRIATIONS
FOR THE COMMISSION AND THE USE OF FUNDS MADE AVAILABLE TO THE
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COMMISSION.
(E) MEETINGS AND QUORUM.--
(1) THE COMMISSION SHALL MEET AT LEAST FOUR TIMES A YEAR
AND NOT LESS THAN SEMIANNUALLY TO ESTABLISH THE COMMISSION'S
GENERAL POLICIES AND RULES.
(2) THE COMMISSION SHALL BE DEEMED AN "AGENCY" WITHIN THE
MEANING OF AND SHALL BE SUBJECT TO THE PROVISIONS OF 65
PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).
(3) SEVEN COMMISSIONERS SHALL CONSTITUTE A QUORUM FOR THE
PURPOSE OF ADOPTING PROPOSED INITIAL AND SUBSEQUENT
GUIDELINES. A MAJORITY OF COMMISSIONERS SHALL CONSTITUTE A
QUORUM FOR ALL OTHER PURPOSES.
(4) MINUTES OF MEETINGS SHALL BE KEPT BY THE EXECUTIVE
DIRECTOR AND FILED AT THE EXECUTIVE OFFICE OF THE COMMISSION.
(F) RECORDS OF ACTION.--EXCEPT AS OTHERWISE PROVIDED BY LAW,
THE COMMISSION SHALL MAINTAIN AND MAKE AVAILABLE FOR PUBLIC
INSPECTION A RECORD OF THE FINAL VOTE OF EACH MEMBER ON ANY
ACTION TAKEN BY THE COMMISSION.
(G) EXPENSES.--EACH COMMISSIONER SHALL BE ENTITLED TO
REIMBURSEMENT FOR EACH COMMISSIONER'S ACCOUNTABLE EXPENSES
INCURRED WHILE ENGAGED IN THE BUSINESS OF THE COMMISSION.
(H) COMPETENCY TO TESTIFY.--IN A JUDICIAL, ADMINISTRATIVE OR
SIMILAR PROCEEDING, A COMMISSIONER OR COMMISSION STAFF SHALL NOT
BE COMPETENT TO TESTIFY AND MAY NOT BE REQUIRED TO PRODUCE
RECORDS OR OTHER DISCOVERY AS TO ANY STATEMENT, CONDUCT,
DECISION OR DELIBERATION OCCURRING DURING THE COURSE OF OFFICIAL
BUSINESS, TO THE SAME EXTENT AS A LEGISLATOR OR LEGISLATIVE
STAFF OF THIS COMMONWEALTH ACTING IN A LEGISLATIVE CAPACITY.
SECTION 2804-F. POWERS AND DUTIES OF COMMISSION.
(A) POWERS AND DUTIES.--T HE COMMISSION, IN ACCORDANCE WITH
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THE RULES AND REGULATIONS OF THE COMMISSION, SHALL HAVE THE
POWER TO:
(1) ESTABLISH GENERAL POLICIES AND PROMULGATE SUCH RULES
AND REGULATIONS FOR THE COMMISSION AS ARE NECESSARY TO
ADMINISTER THIS SUBARTICLE, 42 PA.C.S. CH. 21, SUBCH. F
(RELATING TO PENNSYLVANIA COMMISSION ON SENTENCING) AND 42
PA.C.S. CH. 97 (RELATING TO SENTENCING).
(2) UTILIZE, WITH THE COMMISSION'S CONSENT, THE SERVICES,
EQUIPMENT, PERSONNEL, INFORMATION AND FACILITIES OF FEDERAL,
STATE, LOCAL AND PRIVATE AGENCIES AND INSTRUMENTALITIES WITH
OR WITHOUT REIMBURSEMENT.
(3) ENTER INTO AND PERFORM SUCH CONTRACTS, LEASES,
COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS AS MAY BE
NECESSARY IN THE CONDUCT OF THE FUNCTIONS OF THE COMMISSION,
WITH ANY PUBLIC AGENCY OR WITH ANY PERSON, FIRM, ASSOCIATION,
CORPORATION, EDUCATIONAL INSTITUTION OR NONPROFIT
ORGANIZATION.
(4) REQUEST SUCH INFORMATION, DATA AND REPORTS FROM ANY
OFFICER OR AGENCY OF THE COMMONWEALTH AS THE COMMISSION MAY
FROM TIME TO TIME REQUIRE AND AS MAY BE PRODUCED CONSISTENT
WITH ANY OTHER FEDERAL OR STATE LAW.
(5) ARRANGE WITH THE HEAD OF ANY GOVERNMENT UNIT FOR THE
PERFORMANCE BY THE GOVERNMENT UNIT OF ANY FUNCTION OF THE
COMMISSION, WITH OR WITHOUT REIMBURSEMENT.
(6) ISSUE INVITATIONS REQUESTING THE ATTENDANCE AND
TESTIMONY OF WITNESSES AND THE PRODUCTION OF ANY EVIDENCE
THAT RELATES DIRECTLY TO A MATTER WITH RESPECT TO WHICH THE
COMMISSION OR ANY MEMBER THEREOF IS EMPOWERED TO MAKE A
DETERMINATION UNDER THIS SUBCHAPTER.
(7) ESTABLISH A RESEARCH AND DEVELOPMENT PROGRAM WITHIN
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THE COMMISSION FOR THE PURPOSE OF:
(I) SERVING AS A CLEARINGHOUSE AND INFORMATION CENTER
FOR THE COLLECTION, PREPARATION AND DISSEMINATION OF
INFORMATION ON COMMONWEALTH SENTENCING, RESENTENCING AND
PAROLE PRACTICES.
(II) ASSISTING AND SERVING IN A CONSULTING CAPACITY TO
THE BOARD, STATE COURTS, DEPARTMENTS AND AGENCIES IN THE
DEVELOPMENT, MAINTENANCE AND COORDINATION OF SOUND
SENTENCING, RESENTENCING AND PAROLE PRACTICES.
(8) COLLECT SYSTEMATICALLY THE DATA OBTAINED FROM
STUDIES, RESEARCH AND THE EMPIRICAL EXPERIENCE OF PUBLIC AND
PRIVATE AGENCIES CONCERNING THE SENTENCING PROCESSES.
(9) PUBLISH DATA CONCERNING THE SENTENCING AND PAROLE
PROCESSES.
(10) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
CONCERNING PAROLE DISPOSITIONS AND SENTENCES ACTUALLY
IMPOSED, INCLUDING INITIAL SENTENCES AND ANY SUBSEQUENT
MODIFICATION OF SENTENCES OR RESENTENCES FOLLOWING REVOCATION
OR REMAND, AND PAROLE AND REPAROLE DECISIONS BY THE BOARD AND
ANY OTHER PAROLING AUTHORITY.
(11) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
REGARDING EFFECTIVENESS OF PAROLE DISPOSITIONS AND SENTENCES
IMPOSED.
(12) MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY
CONCERNING MODIFICATION OR ENACTMENT OF SENTENCING, PAROLE
AND CORRECTIONAL STATUTES WHICH THE COMMISSION FINDS TO BE
NECESSARY AND ADVISABLE TO CARRY OUT AN EFFECTIVE, HUMANE AND
RATIONAL SENTENCING, RESENTENCING AND PAROLE POLICY.
(13) ESTABLISH A PLAN AND TIMETABLE TO COLLECT AND
DISSEMINATE INFORMATION RELATING TO INCAPACITATION,
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RECIDIVISM, DETERRENCE AND OVERALL EFFECTIVENESS OF SENTENCES
AND PAROLE DISPOSITIONS IMPOSED.
(14) ESTABLISH A PROGRAM TO SYSTEMATICALLY MONITOR
COMPLIANCE WITH THE GUIDELINES, WITH THE RISK ASSESSMENT
INSTRUMENT, WITH RECOMMITMENT RANGES AND WITH MANDATORY
SENTENCING LAWS TO DOCUMENT ELIGIBILITY FOR AND RELEASES IN
ACCORDANCE WITH A COUNTY REENTRY PLAN, TO DOCUMENT
ELIGIBILITY FOR AND IMPOSITION OF RECIDIVISM RISK REDUCTION
INCENTIVE MINIMUM SENTENCES AND TO DOCUMENT ALL PAROLE AND
REPAROLE DECISIONS BY THE BOARD AND ANY OTHER PAROLING
AUTHORITY BY:
(I) PROMULGATING FORMS WHICH DOCUMENT THE APPLICATION
OF SENTENCING, RESENTENCING AND PAROLE GUIDELINES,
MANDATORY SENTENCING LAWS, RISK ASSESSMENT INSTRUMENT,
RELEASES IN ACCORDANCE WITH A COUNTY REENTRY PLAN,
RECOMMITMENT RANGES AND RECIDIVISM RISK REDUCTION
INCENTIVE MINIMUM SENTENCES AND COLLECTING INFORMATION ON
ALL PAROLE AND REPAROLE DECISIONS BY THE BOARD AND ANY
OTHER PAROLING AUTHORITY.
(II) REQUIRING THE TIMELY COMPLETION AND ELECTRONIC
SUBMISSION OF SUCH FORMS TO THE COMMISSION.
(15) PRIOR TO ADOPTION OF CHANGES TO GUIDELINES FOR
SENTENCING, RESENTENCING AND PAROLE, RISK ASSESSMENT
INSTRUMENT AND RECOMMITMENT RANGES FOLLOWING REVOCATION, USE
A CORRECTIONAL POPULATION SIMULATION MODEL TO DETERMINE:
(I) RESOURCES THAT ARE REQUIRED UNDER CURRENT
GUIDELINES, RISK ASSESSMENT INSTRUMENT AND RANGES.
(II) RESOURCES THAT WOULD BE REQUIRED TO CARRY OUT ANY
PROPOSED CHANGES TO THE GUIDELINES, RISK ASSESSMENT
INSTRUMENT AND RANGES.
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(B) ANNUAL REPORTS.--THE COMMISSION SHALL REPORT ANNUALLY TO
THE GENERAL ASSEMBLY, THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
COURTS AND THE GOVERNOR ON THE ACTIVITIES OF THE COMMISSION.
(C) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE
SUCH OTHER POWERS AND DUTIES AND SHALL PERFORM SUCH OTHER
FUNCTIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS
SUBARTICLE OR AS MAY BE PROVIDED UNDER ANY OTHER PROVISION OF
STATE LAW AND MAY DELEGATE TO ANY COMMISSIONER OR DESIGNATED
PERSON SUCH POWERS AS MAY BE APPROPRIATE OTHER THAN THE POWER TO
ESTABLISH GENERAL POLICIES, GUIDELINES, RULES AND FACTORS UNDER
SUBSECTION (A)(1).
(B) (RESERVED)
SECTION 10. THE FOLLOWING APPLY:
(1) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION, THE STATE INSPECTOR GENERAL SHALL SUBMIT A
REPORT ON THE IMPLEMENTATION OF THE AMENDMENT TO SECTION 503-
A(C)(1) OF THE ACT, INCLUDING ANY FINDING RELATING TO THE
PENNSYLVANIA STATEWIDE RADIO NETWORK, TO THE GENERAL
ASSEMBLY.
(2) THE TERMS OF THE MEMBERS OF THE PENNSYLVANIA
COMMISSION ON SENTENCING WHO ARE MEMBERS ON THE EFFECTIVE
DATE OF THIS SECTION SHALL EXPIRE ON OCTOBER 1, 2019, OR
IMMEDIATELY, WHICHEVER IS LATER.
SECTION 11. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OR
ADDITION OF SECTION 605-B(A.1), (B.1), (D.1) AND (E).
(2) SECTION 1704-E OF THE ACT OF APRIL 9, 1929 (P.L.343,
NO.176), KNOWN AS THE FISCAL CODE, IS REPEALED.
(3) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
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PARAGRAPH (4) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 2219 OF THE ACT.
(4) SECTION 1727-E(B) OF THE ACT OF APRIL 9, 1929
(P.L.343, NO.176), KNOWN AS THE FISCAL CODE, IS REPEALED.
(5) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (6) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTIONS 2802-F, 2803-F AND 2804-F OF THE ACT.
(6) THE PROVISIONS OF 42 PA.C.S. §§ 2151.2, 2152 AND
2153 ARE REPEALED.
SECTION 12. THE ADDITION OF SECTIONS 2802-F, 2803-F AND
2804-F OF THE ACT ARE A CONTINUATION OF 42 PA.C.S. §§ 2151.2,
2152 AND 2153. THE FOLLOWING APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 2802-F,
2803-F AND 2804-F OF THE ACT, ALL ACTIVITIES INITIATED UNDER
42 PA.C.S. §§ 2151.2, 2152 AND 2153 SHALL CONTINUE AND REMAIN
IN FULL FORCE AND EFFECT AND MAY BE COMPLETED UNDER SECTIONS
2802-F, 2803-F AND 2804-F OF THE ACT. ORDERS, REGULATIONS,
RULES AND DECISIONS WHICH WERE MADE UNDER 42 PA.C.S. §§
2151.2, 2152 AND 2153 AND WHICH ARE IN EFFECT ON THE
EFFECTIVE DATE OF THIS ACT SHALL REMAIN IN FULL FORCE AND
EFFECT UNTIL REVOKED, VACATED OR MODIFIED UNDER SECTIONS
2802-F, 2803-F AND 2804-F OF THE ACT. CONTRACTS, OBLIGATIONS
AND COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO UNDER 42
PA.C.S. §§ 2151.2, 2152 AND 2153 ARE NOT AFFECTED NOR
IMPAIRED BY THE REPEAL OF 42 PA.C.S. §§ 2151.2, 2152 AND
2153.
(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE
IN LANGUAGE BETWEEN SECTIONS 2802-F, 2803-F AND 2804-F OF THE
ACT AND 42 PA.C.S. §§ 2151.2, 2152 AND 2153 IS NOT INTENDED
TO CHANGE OR AFFECT THE LEGISLATIVE INTENT, JUDICIAL
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CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF 42
PA.C.S. §§ 2151.2, 2152 AND 2153.
(3) PARAGRAPH (2) DOES NOT APPLY TO THE ADDITION OF
SECTION 2803-F(A), (B) AND (H) OF THE ACT.
SECTION 13. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS OF THIS ACT SHALL TAKE
EFFECT IMMEDIATELY:
(I) THIS SECTION.
(II) THE ADDITION OF SECTIONS 311 AND 605-B(A.1),
(B.1), (D.1) AND (E), ARTICLE XV-B AND SECTION 2219 OF
THE ACT.
(III) SECTION 10(2) OF THIS ACT.
(IV) EXCEPT AS PROVIDED IN PARAGRAPH (2)(II),
SECTION 11 OF THIS ACT.
(2) THE FOLLOWING PROVISIONS OF THIS ACT SHALL TAKE
EFFECT OCTOBER 1, 2019, OR IMMEDIATELY, WHICHEVER IS LATER:
(I) THE ADDITION OF ARTICLE XXVIII-F OF THE ACT.
(II) SECTIONS 11(5) AND (6) AND 12.
(3) THE ADDITION OF SECTION 618-A(3) SHALL TAKE EFFECT
JANUARY 1, 2020.
(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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