Regular Session 2019-2020 House Bill 1833 P.N. 2504

PRINTER'S NO. 2504

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1833

Session of

2019

INTRODUCED BY DUSH, RYAN, PICKETT, JAMES, IRVIN, MILLARD,

ZIMMERMAN, GROVE, BROOKS, BERNSTINE, KORTZ, EVERETT,

POLINCHOCK AND SCHMITT, SEPTEMBER 18, 2019

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 18, 2019

AN ACT

Repealing the act of May 18, 1937 (P.L.665, No.176), entitled

"An act relating to the performance of industrial work in

homes; regulating, and in certain cases prohibiting,

industrial homework; imposing duties, restrictions and

liabilities on industrial home-workers and on persons,

partnerships, associations and corporations, directly or

indirectly furnishing materials and articles to home-workers

for manufacture or work thereon; requiring permits and home-

workers' certificates and prescribing the fees therefor;

conferring powers and imposing duties on the Department of

Labor and Industry; and prescribing penalties"; and repealing

a related provision of Title 42.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of of May 18, 1937 (P.L.665, No.176),

known as the Industrial Homework Law, is repealed:

[AN ACT

Relating to the performance of industrial work in homes;

regulating, and in certain cases prohibiting, industrial

homework; imposing duties, restrictions and liabilities on

industrial home-workers and on persons, partnerships,

associations and corporations, directly or indirectly

furnishing materials and articles to home-workers for

manufacture or work thereon; requiring permits and home-

workers' certificates and prescribing the fees therefor;

conferring powers and imposing duties on the Department of

Labor and Industry; and prescribing penalties.

Be it enacted, &c., As follows:

Section 1. Legislative Purpose.--This State has long

recognized that employment of men, women and children under

conditions detrimental to health and general welfare results in

injury, not only to the workers immediately affected, but also

to the public interest as a whole. This recognition has produced

a broad program of regulatory legislation to conserve the public

welfare. The continuance of an unregulated industrial homework

system in this State runs counter to that program since it is

usually accompanied by excessively low wages, long and irregular

hours, and unsanitary or otherwise inadequate working quarters.

In enacting this act, the Legislature stated that industrial

homework was harmful to society as a whole, to the industrial

homework work force, and to workers in factory industries forced

to compete against the lower wages and less salutary working

conditions characteristic of industrial homework. The

Legislature concluded that "industrial homework must eventually

be abolished." It is the aim of this act to achieve that goal,

and eliminate the pernicious influence of industrial homework on

the people of this State, by abolishing industrial homework

except when it is engaged in by certain types of individuals

unable to leave their homes to work, as hereinafter specified.

Section 2. Short Title.--This act shall be known and may be

cited as the "Industrial Homework Law."

Section 3. Definitions.--The following words, terms and

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phrases, when used in this act, shall have the meanings ascribed

to them in this section, except where the context clearly

indicates a different meaning.

(a) "Contractor." Any person who for the account or benefit

of an employer, representative contractor or other person,

distributes to a home-worker, or any other person, not recruited

or engaged by such employer, representative contractor, or other

person, articles or materials to be manufactured in a home, and

thereafter to be returned to him or otherwise disposed of in

accordance with his directions.

(b) "Department." The Department of Labor and Industry of

this Commonwealth.

benefit, directly or indirectly, or through an employe, agent,

independent contractor, or any other person.

(1) Delivers, or causes to be delivered to another person,

any articles or materials to be manufactured in a home and

thereafter to be returned to him, not for the personal use of

himself or of a member of his family, or thereafter to be

disposed of otherwise in accordance with his directions, or

(2) Sells to another person, any materials or articles for

the purpose of having such articles or materials manufactured in

a home and of then rebuying such materials or articles after

such manufacture, either by himself, or by someone designated by

him.

(c.1) "Family." The spouse and children of a home-worker,

and the mother, father, grandmother, and grandfather of a home-

worker and his spouse.

(d) "Home." Any room, house, apartment, or other premises,

whichever is most extensively used, in whole or in part, as a

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place of dwelling, and including outbuildings upon premises that

are primarily used as a place of dwelling, where such

outbuildings are under the control of the person dwelling on

such premises.

(e) "Home-worker." Any person engaged in manufacturing in a

home, articles or materials for an employer, a representative

contractor, or a contractor.

(f) "Industrial Homework." Any manufacture in a home of

articles, or materials for an employer, a representative

contractor, or a contractor.

(g) "Manufacture." To prepare, alter, repair, finish, or

process, in whole or in part, or handle in any way connected

with the production, wrapping, packaging, or preparation for

display of an article or materials.

(h) "Person." An individual, partnership, firm, association,

domestic or foreign corporation, the legal representatives of a

deceased individual, or the receiver, trustee, or successor of

an individual, partnership, association, or corporation.

(i) "Representative Contractor." Any person who receives

from an employer, or contractor not within the State, articles

or materials to be distributed by him to any home-worker, or

other person, not recruited or engaged by such employer or

contractor, to be manufactured in a home, and thereafter to be

returned to him, or otherwise disposed of, in accordance with

his directions.

The singular shall include the plural, and the masculine

shall include the feminine and neuter.

Section 4. Prohibited Homework.--It shall be unlawful to

manufacture in a home for an employer, contractor, or

representative contractor, any of the following articles, or to

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perform in a home, for such persons, any of the following work,

and no permit issued under this act shall be deemed to authorize

such manufacture or the performance of any such work:--

(a) Articles of food or drink.

(b) Articles for use in connection with the serving of food

or drink.

(d) Tobacco.

(e) Drugs and poisons.

(f) Bandages and other sanitary goods.

(g) Explosives, fireworks, and articles of like character.

(h) The tearing or sewing of rags: Provided, That the word

"rags" shall not be deemed to apply to new remnants, clippings,

or salvages which are the by-products of manufacturing

processes.

(i) Articles, the processing of which requires exposure to

substances determined by the department to be hazardous to the

health or safety of persons so exposed.

Section 5. Power to Prohibit.--(a) The department shall

have the power, upon its own initiative, to make an

investigation of that portion or branch of any industry which

employs home-workers, in order to determine:

(1) Whether the wages and conditions of employment are

injurious to the health and welfare of home-workers in such

portion or branch; or

(2) Whether the wages and conditions of employment

prevailing in such portion or branch have the effect of

rendering unduly difficult the maintenance of existing labor

standards, or the observance and enforcement of labor standards

established by law, or regulation for the industry of which such

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portion or branch is a part, thus jeopardizing wages or working

conditions of the factory workers in such industry.

(b) If, on the basis of information in its possession, with

or without an investigation as provided in this section, the

department shall find that industrial homework cannot be

continued within any industry without injuring the health and

welfare of the home-workers within that industry, or without

rendering unduly difficult the maintenance of existing labor

standards or the observance and enforcement of labor standards

established by law for the protection of the factory workers in

that industry, the department shall, by order, require all

employers, representative contractors, or contractors in such

industry to discontinue the furnishing within this Commonwealth

of articles or materials for industrial homework, and no permit

issued under this act shall be deemed thereafter to authorize

the furnishing of articles, or materials for industrial homework

prohibited by such order.

homework shall be guarded in accordance with the laws and

regulations of the Department of Labor and Industry.

Section 6. Procedure.--(a) Before making such order, the

department shall hold a public hearing, or hearings, at which an

opportunity to be heard shall be afforded to any employer or

representative of employers, and any home-worker or

representative of home-workers, and any other person or persons

having an interest in the subject matter of hearing. A public

notice of such hearing shall be given in such manner as may be

fixed by the department. Such notice shall be made at least

thirty days before the hearing is held. Such hearing, or

hearings, shall be in such place, or places, as the department

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deems most convenient to the employers and home-workers to be

affected by such order.

(b) The department shall determine the effective date of

such order, which date shall be not less than ninety days after

the date of the promulgation of its order. The order shall set

forth the type or types of manufacturing which are prohibited

after its effective date.

Section 7. Permit Required by Employers and Representative

Contractors.--Every employer and every representative contractor

within this Commonwealth must procure from the department an

employer's permit. Application for such permit shall be made on

a form prescribed by the department. Such permit shall be in

writing, dated when issued, and signed by the Secretary of Labor

and Industry, or his duly authorized representative. It shall

give the name and address of the person to whom it is issued and

shall designate and limit the acts that are permitted. Such

permit shall be valid for a period of one year from the date of

its issuance, unless sooner revoked.

Section 8. Injunction against Continued Violations.--

Whenever any employer or representative contractor has twice

been found guilty of conducting his business without an

employer's permit, the department may apply to the court for an

injunction, and such court shall upon such application issue an

injunction to restrain such employer or representative

contractor from further violating the provisions of this act.

Section 9. Permit Required by Contractors.--Every contractor

must procure from the department a contractor's permit.

Application for such permit shall be made on a form prescribed

by the department. Such permit shall be in writing and signed by

the Secretary of Labor and Industry, or his duly authorized

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representative. It shall give the name and address of the person

to whom it is issued, and shall designate and limit the acts

that are permitted. Such permit shall be valid for a period of

one year from the date of its issuance unless sooner revoked.

Section 10. Fees.--(a) A fee of five hundred dollars

($500.00) shall be paid to the department for the original

issuance of an employer's permit.

(b) For each annual renewal of such permit, the employer or

representative contractor shall pay to the department a fee of--

(1) One hundred dollars ($100.00), where at no time during

the preceding year did the employer, or representative

contractor, directly or indirectly, have business relations

simultaneously with more than one hundred home-workers.

(2) Two hundred dollars ($200.00), where at any time during

the preceding year the employer, or representative contractor,

directly or indirectly, had business relations simultaneously

with more than one hundred, but less than three hundred home-

workers.

(3) Three hundred dollars ($300.00), where at any time

during the preceding year the employer, or representative

contractor, directly or indirectly, had business relations

simultaneously with three hundred or more home-workers.

to the department for the issuance of a contractor's permit. For

each annual renewal of such permit, the contractor shall pay to

the department a fee of one hundred dollars ($100.00).

(d) No fee shall be required for the original issuance of an

employer's, representative contractor's or contractor's permit

nor renewal thereof for employment of handicapped people where

the department finds:

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(1) That a person is unable to adjust to factory employment

because of old age or physical or mental deficiency or

disability or is unable to leave home because his services are

essential to care for an invalid in the home;

(2) That the employer and home-worker comply with all

requirements and conditions of this act and all rules and

regulations of the department;

(3) That such limited distribution of work to handicapped

persons is not inconsistent with the purpose and policy of this

act.

Section 11. Home-Worker's Certificate.--(a) Every person

desiring to engage in industrial homework within this

Commonwealth must procure from the department a home-worker's

certificate, which shall be issued without cost and which shall

be valid for a period of one year from the date of its issuance,

unless sooner revoked or suspended by action of the department

or, under subsection (f) of this section, automatically.

Application for such certificate shall be made in such form as

the department may by regulation prescribe and must be remade

each year. Such certificate shall be valid only for work

performed by the applicant himself in his own home, and in

accordance with the provisions of this act.

(b) No home-worker's certificate shall be issued:--

(1) To any person under the age of sixteen years; or

(2) To any person known to be suffering from an infectious,

contagious, or communicable disease, or known to be living in a

home that is not clean, sanitary and free from infectious,

contagious, or communicable diseases.

(3) To any person, unless that person is unable to leave his

home to work on account of:

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(i) his own physical handicap, if that handicap has lasted

for more than thirty consecutive days; or

(ii) his own illness, if that illness has lasted for more

than thirty consecutive days; or

(iii) the necessity of caring for a member of his family who

is ill or handicapped, if that illness and/or handicap and

necessity has lasted for more than thirty consecutive days.

worker's certificate to prove his eligibility for a certificate

by presenting evidence of handicap or illness of himself or

illness or handicap of a family member sufficient to prove to

the department that he qualifies for a home-worker's certificate

under one of the exceptions set forth in subsection (b)(3) of

this section. The department shall be empowered to require any

applicant for a home-worker's certificate, or any family member

of any applicant for a home-worker's certificate upon whose

illness an applicant is relying in order to obtain a

certificate, to submit to a medical examination by a physician

of the department's choosing in order to aid the department in

making a decision on whether or not to issue a certificate.

(d) Whenever a physical examination by a physician is

necessary, in order for a person to qualify for or to retain a

home-worker's certificate, if the person is working, or has been

promised work on the condition that he obtain a home-worker's

certificate, it shall be the duty of the employer,

representative contractor, or contractor for which the person is

working or by which the person has been promised work, to pay

the cost of the physical examination.

(e) Every certificate shall contain the following

information, in addition to any information which the department

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shall, by regulation, require:

(1) The home-worker's

(i) name,

(ii) address,

(iii) sex,

(iv) Social Security number,

(v) date of birth,

(vi) height,

(vii) weight,

(viii) eye color,

(ix) hair color; and

(2) The expiration date of the certificate; and

(3) The basis of the home-worker's eligibility for a

certificate, as set forth in subsection (b)(3) above.

(f) Upon the termination of the handicap, illness, or

necessity of caring for a family member who is ill or

handicapped which has qualified a person for a home-worker's

certificate under subsection (b)(3) of this section, that

person's certificate shall automatically be revoked.

(g) The department may revoke, or suspend any home-worker's

certificate if it finds that the holder is performing industrial

homework contrary to the conditions under which the certificate

was issued, or to any provision of this act, or has permitted

any person not holding a valid home-worker's certificate to

assist him in performing his industrial homework or has obtained

the certificate through fraud or misrepresentation.

(h) The department shall keep records of the applications

made and certificates issued under this section, and of all

information contained thereon.

(i) Notwithstanding any provisions of this act to the

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contrary, a special home-worker's certificate may be issued to a

person who does not qualify for a certificate under subsections

(b)(3) and (c) if the person meets the other qualifications of

subsection (b) and if the person has been employed fulltime for

a period of at least six months in the manufacture of shoes, and

is unable to continue his factory employment, if the following

conditions are met:

(1) The special certificate holder may perform homework only

for an employer which operates a factory in which shoes are

manufactured, and which does not have more than five percent of

its employes engaged in the manufacture of shoes in industrial

homework.

(2) The homework performed by the special certificate holder

must be part of the manufacturing process of shoes.

(3) The special certificate holder must be paid the same

wages and receive the same benefits as the employer pays or

affords to employes in its factory who perform similar work.

(4) The employer must deliver and pick up all the materials

used in or produced by homework at the home of the special

certificate holder without charge to the home-worker.

(5) All machinery, equipment, and materials used in the

manufacture of goods by the special certificate holder must be

supplied to the special certificate holder and maintained by the

employer without charge to the home-worker.

A certificate issued under authority of this subsection shall

bear a mark indicating that it permits its holder to engage in

homework only in the shoe manufacturing industry. The provisions

of this act shall govern the issuance and use of a special home-

worker's certificate insofar as they do not conflict with this

subsection. The use of a special home-worker's certificate in

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violation of this act shall automatically revoke the

certificate.

(j) Notwithstanding any provisions of this act to the

contrary, a special home-worker's certificate may be issued to a

person who does not qualify for a certificate under subsections

(b)(3) and (c) if the person meets the other qualifications of

subsection (b), has been employed fulltime for a period of at

least one month in the manufacture of brushes, is unable to

continue his factory employment, and if the following conditions

are met:

(1) The special certificate holder performs homework only

for an employer operating a factory in which brushes are

manufactured who does not have more than thirty per cent of its

employes engaged in the manufacture of brushes in industrial

homework.

(2) The homework performed by the special certificate holder

is part of the process of manufacturing brushes.

(3) The employer delivers and picks up all the materials

used in or produced by homework at the home of the special

certificate holder without charge to the home-worker.

(4) All machinery, equipment, and materials used in the

manufacture of goods by the special certificate holder is

supplied to the special certificate holder and maintained by the

employer without charge to the home-worker.

A certificate issued pursuant to this subsection shall bear a

mark indicating that it permits its holder to engage in homework

only in the brush manufacturing industry. The provisions of this

act shall govern the issuance and use of a special home-worker's

certificate insofar as they do not conflict with this

subsection. The use of a special home-worker's certificate in

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violation of this act shall automatically revoke the

certificate.

Section 12. Records to Be Kept.--No person having an

employer's or a contractor's permit shall deliver, or cause to

be delivered, or received, any articles or materials for or as a

result of industrial homework, unless he shall keep in such form

and forward to the department at such intervals, as it may by

regulation prescribe, and on such blanks as it may provide, a

complete and accurate record of all persons engaged in

industrial homework on articles or materials furnished or

distributed by him; of all places where such persons work; of

all articles or materials furnished and distributed to such

persons, described as the department may require; of all goods

which such persons have manufactured; of the net cash wages

received by each home-worker; of the Social Security number and

certificate number of each home-worker; and of all contractors

to whom he has furnished articles or materials to be

manufactured for him in any home. Records kept pursuant to this

section shall be open, at all times, to inspection by the

department.

Section 13. Conditions of Manufacture.--Industrial homework

on articles or materials manufactured for any person to whom an

employer's permit has been issued shall be performed:--

(a) Only by a person possessing a valid home-worker's

certificate.

(b) Only by persons over the age of sixteen years.

is done.

(d) Only during such hours as may be fixed by law or

regulation as permissible hours of labor in factories by persons

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of the same age and sex as the home-worker; and

(e) Only in a home that is clean and sanitary and free from

any infectious, contagious, or communicable disease.

(f) Only by persons who are incapable of leaving their homes

to work because of one of the reasons stated in section 11(b)

(3).

Upon the issuance of an employer's permit to an employer, or

representative contractor, or a contractor's permit to a

contractor, such employer, representative contractor, or

contractor, shall be deemed to have accepted responsibility for

the observance of the conditions of manufacture specified by

this section; and each of such conditions shall be deemed to be

a condition of the employer's or contractor's permit to the same

extent as though it were expressly set forth therein.

Section 14. Labels Required.--(a) No employer, or

representative contractor, or contractor, shall deliver, or

cause to be delivered, any articles or materials to be

manufactured by any home-worker, unless there has been

conspicuously affixed to each article or material a label, or

other mark of identification, bearing the employer's or

representative contractor's name and address, printed or written

legibly in English; but if the articles or materials are of such

a nature that they cannot be individually so labeled or

identified, then the employer or representative contractor shall

conspicuously label, in like manner, the package, or other

container in which such articles or materials are delivered, or

are to be kept, while in the possession of the home-worker.

(b) Every article manufactured in whole or in part by

industrial homework which is offered for sale, wholesale and

retail, shall bear a conspicuous label stating in clearly

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legible type that it has been manufactured by industrial

homework. It shall be the duty of the department to prescribe

regulations concerning the nature and placement of labels on

such articles.

Section 15. Unlawfully Manufactured Articles.--Any articles,

or materials which are being manufactured in a home, in

violation of any provision of this act, may be seized and

removed by any agent of the department, and may be retained by

him until claimed by the employer or representative contractor.

The department shall, by registered mail, give notice of such

removal to the person whose name and address are affixed to the

article, as provided by section fourteen. Unless the article so

removed is claimed within thirty days thereafter, it may be

destroyed or otherwise disposed of.

Section 16.1. Duty to Inspect and Report.--It shall be the

duty of every employer, representative contractor and

contractor, at least once each month, or more frequently, if he

has reasonable cause to believe that a home-worker is not in

compliance with section 11 or section 13:

(1) To inspect the home of every home-worker to which it

delivers goods to the extent required to determine whether the

provisions of section 13 are being complied with; and

(2) To inspect the certificate of every home-worker to which

it delivers goods to the extent required to determine whether

the certificate is valid and whether the holder of the

certificate possesses the physical characteristics stated on the

certificate in compliance with section 11; and

(3) To report to the department within twenty-four hours

after discovery, the name and address of any home-worker whom it

reasonably believes, on the basis of the performance of the

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duties imposed by subsections (a) and (b) of this section, to be

performing or seeking to perform homework in violation of this

act.

Section 17.1. Violations and Penalties.--(a) It shall be a

summary offense, punishable by a fine of one thousand dollars

($1,000.00) or imprisonment for up to sixty days, or both:

(1) For any person to obtain or attempt to obtain an

employer's or a contractor's permit required by section 7 or

section 9 through fraud or misrepresentation; or

(2) For any person to deliver or cause to be delivered, to

any person, any articles or materials for manufacture by

industrial homework, prohibited by section 4 or by the

department under authority of section 5; or

(3) For any person to deliver or cause to be delivered, to

any person, any articles or materials for manufacture by

industrial homework, if the person delivering or causing the

delivery does not have in his possession a valid appropriate

permit required by section 7 or section 9; or

(4) For any person to deliver or cause to be delivered, to

any person, any articles or materials for manufacturing by

industrial homework, if the person to whom the articles or

materials are delivered does not possess a home-worker's

certificate which is valid or which, after performance of the

inspection required by section 16, a person could reasonably

believe to be valid; or

(5) For any person to fail to keep records or make a report

as required by section 12, or refuse to grant access to such

records as required by section 12, or to keep records or make a

report required by section 12 inaccurately, if the inaccuracy is

due to fraud, misrepresentation, or reckless disregard for

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accuracy; or

(6) For any person to fail to perform any duty imposed by

section 16; or

(7) For an employer, representative contractor, or

contractor to obtain or aid any person to obtain a home-worker's

certificate, if he knows or has reason to know that the person

does not meet the qualifications of a home-worker set forth in

section 11; or

(8) For any person to sell or to possess with intent to

sell, any articles manufactured in violation of any provision of

this act, or any manufactured articles which have not been

labeled as required by section 14(b), if the person knows or

should have known that the articles were manufactured by

industrial homework and are not labeled as required by this act.

(9) For any person to make a deduction from the wages of

salary of any home-worker prohibited by section 8.

(b) It shall be a summary offense, punishable by a fine of

five hundred dollars ($500.00) or imprisonment for up to thirty

days, or both, for any person to deliver or cause to be

delivered, to any person, any articles or materials for

manufacture by industrial homework which are not labeled in the

manner prescribed by section 14(a).

five thousand dollars ($5,000.00) or imprisonment for between

sixty and ninety days, or both, for any person to commit a

second violation of this act within five years from the date of

his conviction for violation of this act.

(d) If a person convicted under this section is a

corporation, the president and any other officer of the

corporation empowered to supervise the action of the corporation

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found to be violative of this act shall be subject to the

penalties of imprisonment provided for by this section.

(f) Upon learning of the conviction of any person for

violation of this act, it shall be the duty of the Secretary of

Labor and Industry, or his authorized representative, to revoke

any permit which the convicted person may hold. The department

shall not issue any permit authorized by this act to any such

person, or his successor in interest, for a period of five years

after the revocation of the permit becomes final. If a person

convicted under this act did not have a valid permit at the time

of his conviction, the department shall not issue any permit

authorized by this act to any such person, or his successor in

interest, for a period of five years after the person's

conviction becomes final. In its performance of the duties

imposed on it by this subsection, the department shall afford

the convicted person due process of law.

(g) When delivery or causing delivering of any articles or

materials for manufacture by industrial homework is an element

of an offense under this section, and more than one delivery

violative of this act is made to the same individual home-worker

within one calendar week, those deliveries shall constitute only

one offense under this act. In such a case the person making or

causing the delivery shall be found guilty of that portion of

the act which he has violated which carries the most onerous

penalty. Deliveries during each calendar week to different

individuals shall constitute separate offenses.

Section 18. Agreements to Contributions by Employes Void.--

No agreement by a home-worker to pay any portion of a payment

required of any person by any provision of this act shall be

valid, and no person shall make a deduction for such purpose

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from the wages or salary of any home-worker.

Section 19. Filing and Inspection of Records and Returns.--

Records, reports, applications, and returns required to be made

by this act, shall be kept on file by the Department of Labor

and Industry, and shall be open to examination and inspection,

and subject to its regulation. They may be used as evidence in

any proceeding under this act, but shall not otherwise become

matter of public record.

Section 20. Fees of Witnesses.--Each witness who appears in

obedience to a subpoena issued by the department shall be

entitled to such witness fees as the department shall allow,

payable from appropriations made to the department for such

purposes.

Section 21.1. Enforcement.--The Secretary of Labor and

Industry shall have the duty, but not the exclusive right, to

enforce the provisions of this act. Criminal proceedings

authorized by this act may be brought and prosecuted by the

secretary or his authorized agent, by the district attorney of

any county in which the offense occurred, or by any citizen of

Pennsylvania.

Section 22. Rules and Regulations.--Rules and regulations

necessary to carry out the provisions of this act shall be made

by the department with the approval of the Industrial Board. It

shall have the power, and its duty shall be, to enforce all the

provisions of this act, except as otherwise specifically

provided.

Section 23. Payment into State Treasury.--All fees and other

moneys derived from the operation of this act shall be paid into

the State Treasury, through the Department of Revenue to the

credit of the General Fund.

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Section 24. Constitutional Construction.--The provisions of

this act are severable, and if any of its provisions shall be

held unconstitutional, or inapplicable to any person, or

circumstances, the decision of the court shall not affect or

impair any of the remaining provisions of this act. It is hereby

declared to be the legislative intent that this act would have

been adopted had such provisions not been included herein.

Section 25. Repeal of Existing Law.--All acts and parts of

acts inconsistent with this act are hereby repealed.]

Section 2. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2) 42 Pa.C.S. § 2705(d) is repealed.

Section 3. This act shall take effect immediately.

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