Regular Session 2021-2022 House Bill 0336 P.N. 1933

SENATE AMENDED

PRIOR PRINTER'S NO. 311

PRINTER'S NO. 1933

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

336

Session of

2021

INTRODUCED BY R. MACKENZIE, GROVE, JAMES, MENTZER, MILLARD,

MOUL, PICKETT, ROTHMAN, RYAN AND ZIMMERMAN, JANUARY 29, 2021

SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS

AMENDED, JUNE 25, 2021

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 administrative organization, further

providing for executive officers, administrative departments

and independent administrative boards and commissions, for

departmental administrative boards, commissions and offices,

for department heads and for gubernatorial appointments; in

organization of departmental administrative boards and

commissions and of advisory boards and commissions, further

providing for board to license private bankers; in

Commonwealth agency fees, further providing for Department of

Banking and for Pennsylvania Securities Commission; in powers

and duties of the Department of Banking and its departmental

administrative board and commission, further providing for

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powers and duties in general, for banking supervisory powers

and for banking laws; repealing provisions relating to powers

and duties of the Pennsylvania Securities Commission; and

making editorial changes.

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 ADMINISTRATIVE ORGANIZATION, FURTHER

PROVIDING FOR EXECUTIVE OFFICERS, ADMINISTRATIVE DEPARTMENTS

AND INDEPENDENT ADMINISTRATIVE BOARDS AND COMMISSIONS, FOR

DEPARTMENTAL ADMINISTRATIVE BOARDS, COMMISSIONS AND OFFICES,

FOR DEPARTMENT HEADS AND FOR GUBERNATORIAL APPOINTMENTS; IN

ORGANIZATION OF INDEPENDENT ADMINISTRATIVE BOARDS AND

COMMISSIONS, FURTHER PROVIDING FOR PENNSYLVANIA COMMISSION ON

CRIME AND DELINQUENCY; IN ORGANIZATION OF DEPARTMENTAL

ADMINISTRATIVE BOARDS AND COMMISSIONS AND OF ADVISORY BOARDS

AND COMMISSIONS, REPEALING PROVISIONS RELATING TO BOARD OF

LICENSE PRIVATE BANKERS; PROVIDING FOR THE PENNSYLVANIA

EMERGENCY MANAGEMENT AGENCY AND FOR FLOOD PLAIN MANAGEMENT BY

THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY; IN COMMONWEALTH

AGENCY FEES, FURTHER PROVIDING FOR DEPARTMENT OF BANKING AND

FOR PENNSYLVANIA SECURITIES COMMISSION; IN INDEPENDENT FISCAL

OFFICE, FURTHER PROVIDING FOR DEFINITIONS, FOR REVENUE

ESTIMATES AND FOR ADDITIONAL DUTIES; IN POWERS AND DUTIES OF

THE GOVERNOR AND OTHER CONSTITUTIONAL OFFICERS OF THE

EXECUTIVE BOARD AND OF THE PENNSYLVANIA STATE POLICE, FURTHER

PROVIDING FOR AUDITOR GENERAL; IN POWERS AND DUTIES OF THE

DEPARTMENT OF STATE AND ITS DEPARTMENTAL ADMINISTRATIVE

BOARD, FURTHER PROVIDING FOR POWERS AND DUTIES IN GENERAL AND

PROVIDING FOR EQUITY REPORTING; IN POWERS AND DUTIES OF THE

DEPARTMENT OF JUSTICE AND ITS DEPARTMENTAL ADMINISTRATIVE

BOARDS, PROVIDING FOR DUTY OF ATTORNEY GENERAL TO DEFEND

ACTIONS; IN POWERS AND DUTIES OF THE DEPARTMENT OF BANKING,

FURTHER PROVIDING FOR POWERS AND DUTIES IN GENERAL FOR

BANKING SUPERVISORY POWERS AND FOR BANKING LAWS; IN POWERS

AND DUTIES OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, ITS

OFFICERS AND DEPARTMENTAL AND ADVISORY BOARDS AND

COMMISSIONS, PROVIDING FOR GENERAL PERMIT FOR TRANSFER,

STORAGE OR PROCESSING OF OIL AND GAS LIQUID WASTE; IN POWERS

AND DUTIES OF DEPARTMENT OF CONSERVATION AND NATURAL

RESOURCES, PROVIDING FOR PROJECT 70; IN POWERS AND DUTIES OF

THE DEPARTMENT OF LABOR AND INDUSTRY, ITS DEPARTMENTAL

ADMINISTRATIVE AND ADVISORY BOARDS AND DEPARTMENTAL

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ADMINISTRATIVE OFFICERS, PROVIDING FOR ABROGATION OF

DEPARTMENT REGULATIONS; IN POWERS AND DUTIES OF THE

DEPARTMENT OF PUBLIC WELFARE AND ITS DEPARTMENTAL AND

ADVISORY BOARDS AND COMMISSIONS, PROVIDING FOR WAIVER

GUIDANCE; IN POWERS AND DUTIES OF THE DEPARTMENT OF DRUG AND

ALCOHOL PROGRAMS, PROVIDING FOR SERVICE ALIGNMENT; IN POWERS

AND DUTIES OF THE DEPARTMENT OF GENERAL SERVICES AND ITS

DEPARTMENTAL ADMINISTRATIVE AND ADVISORY BOARDS AND

COMMISSIONS, FURTHER PROVIDING FOR DEPARTMENT OF

ENVIRONMENTAL RESOURCES POWERS NOT AFFECTED; IN POWERS AND

DUTIES OF DEPARTMENT OF REVENUE, REPEALING PROVISIONS

RELATING TO VEHICLE AND TRACTOR CODES; IN POWERS AND DUTIES

OF THE DEPARTMENT OF COMMUNITY AFFAIRS, ITS DEPARTMENTAL

BOARDS, BUREAUS AND AGENCIES, FURTHER PROVIDING FOR POWERS

AND DUTIES IN GENERAL; PROVIDING FOR UNITED STATES

SEMIQUINCENTENNIAL; MAKING RELATED REPEALS; AND MAKING

EDITORIAL CHANGES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 201(a), 202, 206, 207.1(d)(1) and (2),

428, 603-A, 615-A, Article XVI heading and sections 1601, 1602

introductory paragraph and 1603 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929, are

amended to read:

Section 201. Executive Officers, Administrative Departments

and Independent Administrative Boards and Commissions.--(a) The

executive and administrative work of this Commonwealth shall be

performed by the Executive Department, consisting of the

Governor, Lieutenant Governor, Secretary of the Commonwealth,

Attorney General, Auditor General, State Treasurer, and

Secretary of Education; by the Executive Board, and the

Pennsylvania State Police; by the following administrative

departments: Department of State, Office of Attorney General,

Department of Corrections, Department of the Auditor General,

Treasury Department, Department of Education, Department of

Military Affairs, Insurance Department, Department of Banking

and Securities, Department of Agriculture, Department of

Transportation, Department of Health, Department of Drug and

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Alcohol Programs, Department of Labor and Industry, Department

of Aging, Department of Public Welfare, Department of General

Services, Department of Revenue, Department of Community and

Economic Development, Department of Environmental Protection and

Department of Conservation and Natural Resources; and by the

following independent administrative boards and commissions:

Pennsylvania Game Commission, Pennsylvania Fish and Boat

Commission, State Civil Service Commission[,] and Pennsylvania

Public Utility Commission [and the Pennsylvania Securities

Commission].

* * *

Section 202. Departmental Administrative Boards,

Commissions, and Offices.--The following boards, commissions,

and offices are hereby placed and made departmental

administrative boards, commissions, or offices, as the case may

be, in the respective administrative departments mentioned in

the preceding section, as follows:

In the Department of State,

Commissioner of Professional and Occupational Affairs,

State Real Estate Commission,

State Board of Medical Education and Licensure,

State Board of Physical Therapy Examiners,

State Board of Pharmacy,

State Dental Council and Examining Board,

State Board of Optometrical Examiners,

State Board of Osteopathic Medical Examiners,

State Board of Nurse Examiners,

State Board of Barber Examiners,

State Board of Cosmetology,

State Board of Veterinary Medical Examiners,

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State Board of Chiropractic Examiners,

State Board of Podiatry Examiners,

State Board of Examiners of Public Accountants,

State Board of Examiners of Architects,

State Registration Board for Professional Engineers,

State Board of Funeral Directors,

State Board of Examiners of Nursing Home Administrators,

State Board of Auctioneer Examiners,

State Board of Psychologist Examiners,

State Board of Landscape Architects.

In the Department of Justice,

In the Treasury Department,

Board of Finance and Revenue;

In the Department of Community Affairs,

Board of Property;

In the Department of Education,

Board of Trustees of Thaddeus Stevens College of

Technology,

Board of Trustees of Scranton State School for the Deaf,

Public Service Institute Board,

State Board of Private Academic Schools,

State Board of Private Licensed Schools,

State Board of Education.

In the Department of Military and Veterans Affairs,

Armory Board of the State of Pennsylvania,

Board of Trustees of Scotland School for Veterans'

Children.

In the Department of Banking and Securities,

[Board to License Private Bankers;]

In the Department of Agriculture,

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State Farm Products Show Commission;

In the Department of Health,

In the Department of Labor and Industry,

Workmen's Compensation Appeal Board,

State Workmen's Insurance Board,

The Industrial Board,

Unemployment Compensation Board of Review,

Pennsylvania Labor Relations Board,

Advisory Council on Affairs of the Handicapped;

In the Department of Public Welfare,

Board of Trustees of The Western Youth Development

Centers,

Board of Trustees of The Central Youth Development

Centers,

Board of Trustees of The Eastern Youth Development

Centers,

Board of Trustees of Allentown State Hospital,

Board of Trustees of Clarks Summit State Hospital,

Board of Trustees of Danville State Hospital,

Board of Trustees of Embreeville Center,

Board of Trustees of Farview State Hospital,

Board of Trustees of Harrisburg State Hospital,

Board of Trustees of Mayview State Hospital,

Board of Trustees of Norristown State Hospital,

Board of Trustees of Philadelphia State Hospital,

Board of Trustees of Somerset State Hospital,

Board of Trustees of Warren State Hospital,

Board of Trustees of Wernersville State Hospital,

Board of Trustees of Woodville State Hospital,

Board of Trustees of Torrance State Hospital,

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Board of Trustees of Haverford State Hospital,

Board of Trustees of Ashland State General Hospital,

Board of Trustees of Coaldale State General Hospital,

Board of Trustees of Nanticoke State General Hospital,

Board of Trustees of Philipsburg State General Hospital,

Board of Trustees of Scranton State General Hospital,

Board of Trustees of Shamokin State General Hospital,

Board of Trustees of Ebensburg Center,

Board of Trustees of Eastern State School and Hospital,

Board of Trustees of Laurelton Center,

Board of Trustees of Pennhurst Center,

Board of Trustees of Polk Center,

Board of Trustees of Selinsgrove Center,

Board of Trustees of Hamburg Center,

Board of Trustees of Western Center,

Board of Trustees of White Haven Center,

Board of Trustees of Woodhaven Center,

Board of Trustees of South Mountain Restoration Center.

In the Department of General Services,

Board of Commissioners of Public Grounds and Buildings,

State Art Commission;

In the Department of Revenue,

State Athletic Commission;

In the Department of Commerce,

Navigation Commission for the Delaware River and its

navigable tributaries;

In the Department of Highways,

State Highway Commission.

In the Department of Transportation,

Hazardous Substances Transportation Board,

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In the Department of Environmental Resources,

Environmental Quality Board,

Environmental Hearing Board,

State Board for Certification of Sewage Treatment and

Waterworks Operators,

State Soil and Water Conservation Commission,

Anthracite Mine Inspectors,

Bituminous Mine Inspectors.

In the Department of Drug and Alcohol Programs,

Bureau of Prevention and Intervention,

Bureau of Treatment,

Bureau of Administration.

All of the foregoing departmental administrative boards and

commissions shall be organized or reorganized as provided in

this act.

Section 206. Department Heads.--Each administrative

department shall have as its head an officer who shall, either

personally, by deputy, or by the duly authorized agent or

employe of the department, and subject at all times to the

provisions of this act, exercise the powers and perform the

duties by law vested in and imposed upon the department.

The following officers shall be the heads of the

administrative departments following their respective titles:

Secretary of the Commonwealth, of the Department of State;

Auditor General, of the Department of the Auditor General;

State Treasurer, of the Treasury Department;

Attorney General, of the Office of Attorney General;

Secretary of Education, of the Department of Education;

Adjutant General, of the Department of Military Affairs;

Insurance Commissioner, of the Insurance Department;

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Secretary of Banking and Securities, of the Department of

Banking and Securities;

Secretary of Agriculture, of the Department of Agriculture;

Secretary of Transportation, of the Department of

Transportation;

Secretary of Health, of the Department of Health;

Secretary of Drug and Alcohol Programs, of the

Department of Drug and Alcohol Programs;

Secretary of Labor and Industry, of the Department of Labor

and Industry;

Secretary of Aging, of the Department of Aging;

Secretary of Public Welfare, of the Department of Public

Welfare;

Secretary of Revenue, of the Department of Revenue;

Secretary of Community and Economic Development, of the

Department of Community and Economic Development;

Secretary of Environmental Protection, of the Department of

Environmental Protection;

Secretary of Conservation and Natural Resources, of the

Department of Conservation and Natural Resources;

Secretary of General Services, of the Department of General

Services;

Secretary of Corrections, of the Department of Corrections.

Section 207.1. Gubernatorial Appointments.--* * *

(d) The Governor shall nominate in accordance with the

provisions of the Constitution of the Commonwealth of

Pennsylvania and, by and with the advice and consent of a

majority of the members elected to the Senate appoint persons to

fill the following positions:

(1) The Secretary of Education, the Secretary of the

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Commonwealth, the Adjutant General, the Insurance Commissioner,

the Secretary of Banking and Securities, the Secretary of

Agriculture, the Secretary of Transportation, the Secretary of

Health, the Secretary of Drug and Alcohol Programs, the

Commissioner of the State Police, the Secretary of Corrections,

the Secretary of Labor and Industry, the Secretary of Aging, the

Secretary of Public Welfare, the Secretary of General Services,

the Secretary of Revenue, the Secretary of Community and

Economic Development, the Secretary of Environmental Protection

and the Secretary of Conservation and Natural Resources.

(2) Those members which he is authorized to appoint to the

Board of Pardons, the Board of Probation and Parole, the State

Civil Service Commission, the State Horse Racing Commission, the

State Harness Racing Commission, the Board of Claims, [the

Pennsylvania Securities Commission,] the Pennsylvania Industrial

Development Authority, the State Board of Education, the Board

of Governors of the State System of Higher Education, the Board

of Trustees of Pennsylvania State University, the Board of

Trustees of the University of Pittsburgh, the Board of Trustees

of Temple University, the Board of Trustees of Lincoln

University, the Environmental Hearing Board, the Pennsylvania

Fish and Boat Commission, the Pennsylvania Game Commission, the

Pennsylvania Labor Relations Board, the Pennsylvania Public

Utility Commission, the Industrial Board, the Milk Marketing

Board, the Unemployment Compensation Board of Review, the

Workers' Compensation Appeals Board, the State Art Commission,

the State Transportation Commission and the Pennsylvania Human

Relations Commission.

* * *

[Section 428. Board to License Private Bankers.--The Board

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to License Private Bankers shall consist of the Secretary of

Banking, who shall be chairman thereof, the Secretary of the

Commonwealth, and the State Treasurer.]

Section 603-A. Department of Banking and Securities.--The

Department of Banking and Securities is authorized to charge

fees for the following purposes and in the following amounts:

(1) Consumer discount companies:

(i) Initial license ....................... $500.00

(ii) Additional licenses for each business

location ............................... 500.00

(iii) Annual license renewal .............. 350.00

(2) Motor vehicle sales finance:

(i) Initial license for sales finance

company ................................ 500.00

Annual license renewal ................. 350.00

(ii) License for installment seller ....... 250.00

Annual license renewal ................. 250.00

(iii) Initial license collector-

repossessor ............................ 350.00

Annual license renewal ................. 250.00

(3) Pawnbroker:

(i) Initial license for pawnbroker ........ 500.00

Annual license renewal ................. 250.00

[(4) Money transmitter:

(i) Initial license for money

transmitter ............................ 2,000.00

Annual license renewal ................. 2,000.00

(5) Secondary mortgage loan company:

(i) Initial license for principal place of

business and each branch office ........ 500.00

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Annual license renewal ................. 350.00

(6) Secondary mortgage loan broker:

(i) Initial license for principal place of

business ............................... 500.00

Annual license renewal ................. 200.00

(ii) Each branch office ................... 50.00

Annual branch renewal .................. 25.00

(7) First Mortgage Banker:

(i) Initial license for principal place of

business and each branch office ........ 500.00

Annual license renewal ................. 350.00

(8) First mortgage broker:

(i) Initial license fee for principal place

of business ............................ 500.00

Annual license renewal ................. 200.00

(ii) Each branch office ................... 50.00

Annual branch renewal .................. 25.00]

(9) Takeover Disclosure Law:

(i) For an offer valued at less than

$5,000,000 ............................. 1,500.00

(ii) For an offer valued at $5,000,000 or

more, but less than $10,000,000 ........ 2,000.00

(iii) For an offer valued at $10,000,000 or

more, but less than $25,000,000 ........ 3,000.00

(iv) For an offer valued at $25,000,000 or

more ................................... 5,000.00

(v) The fee for filing a notice under

section 8(a) of the act of March 3, 1976

(P.L.42, No.19), known as the "Takeover

Disclosure Law" ....................... 100.00

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(vi) Any target company making any filing

pursuant to section 6 of the "Takeover

Disclosure Law," payable at the time of

the initial filing .................... 500.00

(vii) A registrant, applicant for

registration, issuer or other person

upon whom the department has conducted

an examination, audit, investigation or

prosecution and who has been found

guilty of a violation of the provisions

of this act shall pay for all the costs

incurred in the conduct of such

examination, audit, investigation or

prosecution. These costs shall include,

but are not limited to, the salaries and

other compensation paid to clerical,

administrative, investigative and legal

personnel, plus the actual amount of

expenses reasonably incurred by such

personnel or the department in the

conduct of such examination, audit,

investigation or prosecution

(viii) The fee for requesting an order

issued by the department under section

8(b) of the "Takeover Disclosure Law" . . 100.00

[Section 615-A. Pennsylvania Securities Commission.--The

Pennsylvania Securities Commission is authorized to charge fees

for the following purposes and in the following amounts:

(i) For an offer valued at less than

$5,000,000 ............................. 1,500.00

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(ii) For an offer valued at $5,000,000 or

more, but less than $10,000,000 ........ 2,000.00

(iii) For an offer valued at $10,000,000 or

more, but less than $25,000,000 ........ 3,000.00

(iv) For an offer valued at $25,000,000 or

more ................................... 5,000.00

(v) The fee for filing a notice under

section 8(a) of the act of March 3, 1976

(P.L.42, No.19), known as the "Takeover

Disclosure Law" ........................ 100.00

(vi) Any target company making any filing

pursuant to section 6, of the "Takeover

Disclosure Law," payable at the time of

the initial filing ..................... 500.00

(vii) A registrant, applicant for

registration, issuer or other person

upon whom the commission has conducted

an examination, audit, investigation or

prosecution and who has been found

guilty of a violation of the provisions

of this act shall pay for all the costs

incurred in the conduct of such

examination, audit, investigation or

prosecution. These costs shall include,

but are not limited to, the salaries and

other compensation paid to clerical,

administrative, investigative and legal

personnel, plus the actual amount of

expenses reasonably incurred by such

personnel or the commission in the

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conduct of such examination, audit,

investigation or prosecution

(viii) The fee for requesting an order

issued by the commission under section

8(b) of the "Takeover Disclosure Law" . . 100.00]

ARTICLE XVI

POWERS AND DUTIES OF THE DEPARTMENT

OF BANKING AND SECURITIES AND ITS DEPARTMENTAL

ADMINISTRATIVE BOARD AND COMMISSION

Section 1601. Powers and Duties in General.--The Department

of Banking and Securities shall, subject to any inconsistent

provisions in this act contained, continue to exercise the

powers and perform the duties by law vested in and imposed upon

the said department, the Banking Department, the Commissioner of

Banking, and the Secretary of Banking and the Pennsylvania

Securities Commission.

Section 1602. Banking Supervisory Powers.--The Department of

Banking and Securities shall have supervision over:

* * *

Section 1603. Banking Laws.--The Department of Banking and

Securities shall enforce and administer the laws of this

Commonwealth in relation to all corporations and persons under

its jurisdiction, and shall see that the greatest possible

safety is afforded to depositors therein or therewith, and to

other interested persons.

Section 2. Article XXVIII-B of the act is repealed:

[ARTICLE XXVIII-B

POWERS AND DUTIES OF THE PENNSYLVANIA

SECURITIES COMMISSION

Section 2801-B. Pennsylvania Securities Commission.--The

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Pennsylvania Securities Commission shall continue to exercise

the powers and perform the duties vested in and imposed upon

such commission by law.]

Section 3. This act shall take effect in 60 days.

SECTION 1. SECTIONS 201(A), 202, 206, 207.1(D)(1) AND (2)

AND 310 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS

THE ADMINISTRATIVE CODE OF 1929, ARE AMENDED TO READ:

SECTION 201. EXECUTIVE OFFICERS, ADMINISTRATIVE DEPARTMENTS

AND INDEPENDENT ADMINISTRATIVE BOARDS AND COMMISSIONS.--(A) THE

EXECUTIVE AND ADMINISTRATIVE WORK OF THIS COMMONWEALTH SHALL BE

PERFORMED BY THE EXECUTIVE DEPARTMENT, CONSISTING OF THE

GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF THE COMMONWEALTH,

ATTORNEY GENERAL, AUDITOR GENERAL, STATE TREASURER, AND

SECRETARY OF EDUCATION; BY THE EXECUTIVE BOARD, AND THE

PENNSYLVANIA STATE POLICE; BY THE FOLLOWING ADMINISTRATIVE

DEPARTMENTS: DEPARTMENT OF STATE, OFFICE OF ATTORNEY GENERAL,

DEPARTMENT OF CORRECTIONS, DEPARTMENT OF THE AUDITOR GENERAL,

TREASURY DEPARTMENT, DEPARTMENT OF EDUCATION, DEPARTMENT OF

MILITARY AFFAIRS, INSURANCE DEPARTMENT, DEPARTMENT OF BANKING

AND SECURITIES, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF

TRANSPORTATION, DEPARTMENT OF HEALTH, DEPARTMENT OF DRUG AND

ALCOHOL PROGRAMS, DEPARTMENT OF LABOR AND INDUSTRY, DEPARTMENT

OF AGING, DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES,

DEPARTMENT OF GENERAL SERVICES, DEPARTMENT OF REVENUE,

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, DEPARTMENT OF

ENVIRONMENTAL PROTECTION AND DEPARTMENT OF CONSERVATION AND

NATURAL RESOURCES; AND BY THE FOLLOWING INDEPENDENT

ADMINISTRATIVE BOARDS AND COMMISSIONS: PENNSYLVANIA GAME

COMMISSION, PENNSYLVANIA FISH AND BOAT COMMISSION, STATE CIVIL

SERVICE COMMISSION[,] AND PENNSYLVANIA PUBLIC UTILITY COMMISSION

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[AND THE PENNSYLVANIA SECURITIES COMMISSION].

* * *

SECTION 202. DEPARTMENTAL ADMINISTRATIVE BOARDS,

COMMISSIONS, AND OFFICES.--THE FOLLOWING BOARDS, COMMISSIONS,

AND OFFICES ARE HEREBY PLACED AND MADE DEPARTMENTAL

ADMINISTRATIVE BOARDS, COMMISSIONS, OR OFFICES, AS THE CASE MAY

BE, IN THE RESPECTIVE ADMINISTRATIVE DEPARTMENTS MENTIONED IN

THE PRECEDING SECTION, AS FOLLOWS:

IN THE DEPARTMENT OF STATE,

COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS,

STATE REAL ESTATE COMMISSION,

STATE BOARD OF MEDICAL EDUCATION AND LICENSURE,

STATE BOARD OF PHYSICAL THERAPY EXAMINERS,

STATE BOARD OF PHARMACY,

STATE DENTAL COUNCIL AND EXAMINING BOARD,

STATE BOARD OF OPTOMETRICAL EXAMINERS,

STATE BOARD OF OSTEOPATHIC MEDICAL EXAMINERS,

STATE BOARD OF NURSE EXAMINERS,

STATE BOARD OF BARBER EXAMINERS,

STATE BOARD OF COSMETOLOGY,

STATE BOARD OF VETERINARY MEDICAL EXAMINERS,

STATE BOARD OF CHIROPRACTIC EXAMINERS,

STATE BOARD OF PODIATRY EXAMINERS,

STATE BOARD OF EXAMINERS OF PUBLIC ACCOUNTANTS,

STATE BOARD OF EXAMINERS OF ARCHITECTS,

STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS,

STATE BOARD OF FUNERAL DIRECTORS,

STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS,

STATE BOARD OF AUCTIONEER EXAMINERS,

STATE BOARD OF PSYCHOLOGIST EXAMINERS,

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STATE BOARD OF LANDSCAPE ARCHITECTS.

IN THE DEPARTMENT OF JUSTICE,

IN THE TREASURY DEPARTMENT,

BOARD OF FINANCE AND REVENUE;

IN THE DEPARTMENT OF COMMUNITY AFFAIRS,

BOARD OF PROPERTY;

IN THE DEPARTMENT OF EDUCATION,

BOARD OF TRUSTEES OF THADDEUS STEVENS COLLEGE OF

TECHNOLOGY,

BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR THE DEAF,

PUBLIC SERVICE INSTITUTE BOARD,

STATE BOARD OF PRIVATE ACADEMIC SCHOOLS,

STATE BOARD OF PRIVATE LICENSED SCHOOLS,

STATE BOARD OF EDUCATION.

IN THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS,

ARMORY BOARD OF THE STATE OF PENNSYLVANIA,

BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR VETERANS'

CHILDREN.

IN THE DEPARTMENT OF BANKING AND SECURITIES,

[BOARD TO LICENSE PRIVATE BANKERS;]

IN THE DEPARTMENT OF AGRICULTURE,

STATE FARM PRODUCTS SHOW COMMISSION;

IN THE DEPARTMENT OF HEALTH,

IN THE DEPARTMENT OF LABOR AND INDUSTRY,

WORKMEN'S COMPENSATION APPEAL BOARD,

STATE WORKMEN'S INSURANCE BOARD,

THE INDUSTRIAL BOARD,

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW,

PENNSYLVANIA LABOR RELATIONS BOARD,

ADVISORY COUNCIL ON AFFAIRS OF THE HANDICAPPED;

20210HB0336PN1933 - 18 -

IN THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES,

BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT

CENTERS,

BOARD OF TRUSTEES OF THE CENTRAL YOUTH DEVELOPMENT

CENTERS,

BOARD OF TRUSTEES OF THE EASTERN YOUTH DEVELOPMENT

CENTERS,

BOARD OF TRUSTEES OF ALLENTOWN STATE HOSPITAL,

BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL,

BOARD OF TRUSTEES OF DANVILLE STATE HOSPITAL,

BOARD OF TRUSTEES OF EMBREEVILLE CENTER,

BOARD OF TRUSTEES OF FARVIEW STATE HOSPITAL,

BOARD OF TRUSTEES OF HARRISBURG STATE HOSPITAL,

BOARD OF TRUSTEES OF MAYVIEW STATE HOSPITAL,

BOARD OF TRUSTEES OF NORRISTOWN STATE HOSPITAL,

BOARD OF TRUSTEES OF PHILADELPHIA STATE HOSPITAL,

BOARD OF TRUSTEES OF SOMERSET STATE HOSPITAL,

BOARD OF TRUSTEES OF WARREN STATE HOSPITAL,

BOARD OF TRUSTEES OF WERNERSVILLE STATE HOSPITAL,

BOARD OF TRUSTEES OF WOODVILLE STATE HOSPITAL,

BOARD OF TRUSTEES OF TORRANCE STATE HOSPITAL,

BOARD OF TRUSTEES OF HAVERFORD STATE HOSPITAL,

BOARD OF TRUSTEES OF ASHLAND STATE GENERAL HOSPITAL,

BOARD OF TRUSTEES OF COALDALE STATE GENERAL HOSPITAL,

BOARD OF TRUSTEES OF NANTICOKE STATE GENERAL HOSPITAL,

BOARD OF TRUSTEES OF PHILIPSBURG STATE GENERAL HOSPITAL,

BOARD OF TRUSTEES OF SCRANTON STATE GENERAL HOSPITAL,

BOARD OF TRUSTEES OF SHAMOKIN STATE GENERAL HOSPITAL,

BOARD OF TRUSTEES OF EBENSBURG CENTER,

BOARD OF TRUSTEES OF EASTERN STATE SCHOOL AND HOSPITAL,

20210HB0336PN1933 - 19 -

BOARD OF TRUSTEES OF LAURELTON CENTER,

BOARD OF TRUSTEES OF PENNHURST CENTER,

BOARD OF TRUSTEES OF POLK CENTER,

BOARD OF TRUSTEES OF SELINSGROVE CENTER,

BOARD OF TRUSTEES OF HAMBURG CENTER,

BOARD OF TRUSTEES OF WESTERN CENTER,

BOARD OF TRUSTEES OF WHITE HAVEN CENTER,

BOARD OF TRUSTEES OF WOODHAVEN CENTER,

BOARD OF TRUSTEES OF SOUTH MOUNTAIN RESTORATION CENTER.

IN THE DEPARTMENT OF GENERAL SERVICES,

BOARD OF COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS,

STATE ART COMMISSION;

IN THE DEPARTMENT OF REVENUE,

STATE ATHLETIC COMMISSION;

IN THE DEPARTMENT OF COMMERCE,

NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS

NAVIGABLE TRIBUTARIES;

IN THE DEPARTMENT OF HIGHWAYS,

STATE HIGHWAY COMMISSION.

IN THE DEPARTMENT OF TRANSPORTATION,

HAZARDOUS SUBSTANCES TRANSPORTATION BOARD,

IN THE DEPARTMENT OF ENVIRONMENTAL RESOURCES,

ENVIRONMENTAL QUALITY BOARD,

ENVIRONMENTAL HEARING BOARD,

STATE BOARD FOR CERTIFICATION OF SEWAGE TREATMENT AND

WATERWORKS OPERATORS,

STATE SOIL AND WATER CONSERVATION COMMISSION,

ANTHRACITE MINE INSPECTORS,

BITUMINOUS MINE INSPECTORS.

IN THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS,

20210HB0336PN1933 - 20 -

BUREAU OF PREVENTION AND INTERVENTION,

BUREAU OF TREATMENT,

BUREAU OF ADMINISTRATION.

ALL OF THE FOREGOING DEPARTMENTAL ADMINISTRATIVE BOARDS AND

COMMISSIONS SHALL BE ORGANIZED OR REORGANIZED AS PROVIDED IN

THIS ACT.

SECTION 206. DEPARTMENT HEADS.--EACH ADMINISTRATIVE

DEPARTMENT SHALL HAVE AS ITS HEAD AN OFFICER WHO SHALL, EITHER

PERSONALLY, BY DEPUTY, OR BY THE DULY AUTHORIZED AGENT OR

EMPLOYE OF THE DEPARTMENT, AND SUBJECT AT ALL TIMES TO THE

PROVISIONS OF THIS ACT, EXERCISE THE POWERS AND PERFORM THE

DUTIES BY LAW VESTED IN AND IMPOSED UPON THE DEPARTMENT.

THE FOLLOWING OFFICERS SHALL BE THE HEADS OF THE

ADMINISTRATIVE DEPARTMENTS FOLLOWING THEIR RESPECTIVE TITLES:

SECRETARY OF THE COMMONWEALTH, OF THE DEPARTMENT OF STATE;

AUDITOR GENERAL, OF THE DEPARTMENT OF THE AUDITOR GENERAL;

STATE TREASURER, OF THE TREASURY DEPARTMENT;

ATTORNEY GENERAL, OF THE OFFICE OF ATTORNEY GENERAL;

SECRETARY OF EDUCATION, OF THE DEPARTMENT OF EDUCATION;

ADJUTANT GENERAL, OF THE DEPARTMENT OF MILITARY AFFAIRS;

INSURANCE COMMISSIONER, OF THE INSURANCE DEPARTMENT;

SECRETARY OF BANKING AND SECURITIES, OF THE DEPARTMENT OF

BANKING AND SECURITIES;

SECRETARY OF AGRICULTURE, OF THE DEPARTMENT OF AGRICULTURE;

SECRETARY OF TRANSPORTATION, OF THE DEPARTMENT OF

TRANSPORTATION;

SECRETARY OF HEALTH, OF THE DEPARTMENT OF HEALTH;

SECRETARY OF DRUG AND ALCOHOL PROGRAMS, OF THE

DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS;

SECRETARY OF LABOR AND INDUSTRY, OF THE DEPARTMENT OF LABOR

20210HB0336PN1933 - 21 -

AND INDUSTRY;

SECRETARY OF AGING, OF THE DEPARTMENT OF AGING;

SECRETARY OF [PUBLIC WELFARE] HUMAN SERVICES, OF THE

DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES;

SECRETARY OF REVENUE, OF THE DEPARTMENT OF REVENUE;

SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT, OF THE

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT;

SECRETARY OF ENVIRONMENTAL PROTECTION, OF THE DEPARTMENT OF

ENVIRONMENTAL PROTECTION;

SECRETARY OF CONSERVATION AND NATURAL RESOURCES, OF THE

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES;

SECRETARY OF GENERAL SERVICES, OF THE DEPARTMENT OF GENERAL

SERVICES;

SECRETARY OF CORRECTIONS, OF THE DEPARTMENT OF CORRECTIONS.

SECTION 207.1. GUBERNATORIAL APPOINTMENTS.--* * *

(D) THE GOVERNOR SHALL NOMINATE IN ACCORDANCE WITH THE

PROVISIONS OF THE CONSTITUTION OF THE COMMONWEALTH OF

PENNSYLVANIA AND, BY AND WITH THE ADVICE AND CONSENT OF A

MAJORITY OF THE MEMBERS ELECTED TO THE SENATE APPOINT PERSONS TO

FILL THE FOLLOWING POSITIONS:

(1) THE SECRETARY OF EDUCATION, THE SECRETARY OF THE

COMMONWEALTH, THE ADJUTANT GENERAL, THE INSURANCE COMMISSIONER,

THE SECRETARY OF BANKING AND SECURITIES, THE SECRETARY OF

AGRICULTURE, THE SECRETARY OF TRANSPORTATION, THE SECRETARY OF

HEALTH, THE SECRETARY OF DRUG AND ALCOHOL PROGRAMS, THE

COMMISSIONER OF THE STATE POLICE, THE SECRETARY OF CORRECTIONS,

THE SECRETARY OF LABOR AND INDUSTRY, THE SECRETARY OF AGING, THE

SECRETARY OF [PUBLIC WELFARE] HUMAN SERVICES, THE SECRETARY OF

GENERAL SERVICES, THE SECRETARY OF REVENUE, THE SECRETARY OF

COMMUNITY AND ECONOMIC DEVELOPMENT, THE SECRETARY OF

20210HB0336PN1933 - 22 -

ENVIRONMENTAL PROTECTION AND THE SECRETARY OF CONSERVATION AND

NATURAL RESOURCES.

(2) THOSE MEMBERS WHICH HE IS AUTHORIZED TO APPOINT TO THE

BOARD OF PARDONS, THE BOARD OF PROBATION AND PAROLE, THE STATE

CIVIL SERVICE COMMISSION, THE STATE HORSE RACING COMMISSION, THE

STATE HARNESS RACING COMMISSION, THE BOARD OF CLAIMS, [THE

PENNSYLVANIA SECURITIES COMMISSION,] THE PENNSYLVANIA INDUSTRIAL

DEVELOPMENT AUTHORITY, THE STATE BOARD OF EDUCATION, THE BOARD

OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION, THE BOARD

OF TRUSTEES OF PENNSYLVANIA STATE UNIVERSITY, THE BOARD OF

TRUSTEES OF THE UNIVERSITY OF PITTSBURGH, THE BOARD OF TRUSTEES

OF TEMPLE UNIVERSITY, THE BOARD OF TRUSTEES OF LINCOLN

UNIVERSITY, THE ENVIRONMENTAL HEARING BOARD, THE PENNSYLVANIA

FISH AND BOAT COMMISSION, THE PENNSYLVANIA GAME COMMISSION, THE

PENNSYLVANIA LABOR RELATIONS BOARD, THE PENNSYLVANIA PUBLIC

UTILITY COMMISSION, THE INDUSTRIAL BOARD, THE MILK MARKETING

BOARD, THE UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, THE

WORKERS' COMPENSATION APPEALS BOARD, THE STATE ART COMMISSION,

THE STATE TRANSPORTATION COMMISSION AND THE PENNSYLVANIA HUMAN

RELATIONS COMMISSION.

* * *

SECTION 310. PENNSYLVANIA COMMISSION ON CRIME AND

DELINQUENCY.--(A) THE FOLLOWING SHALL APPLY:

(1) NOTWITHSTANDING SECTION 2(B)(1) OF THE ACT OF NOVEMBER

22, 1978 (P.L.1166, NO.274), REFERRED TO AS THE PENNSYLVANIA

COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE

PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST

OF THE ATTORNEY GENERAL OR A DESIGNEE.

(2) NOTWITHSTANDING SECTION 2(B)(6) OF THE PENNSYLVANIA

COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE

20210HB0336PN1933 - 23 -

PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST

OF THE CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE

AND THE CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE

OF REPRESENTATIVES OR THE CHAIRPERSONS' DESIGNATED LEGISLATIVE

STAFF.

(3) NOTWITHSTANDING SECTION 2(B)(8) OF THE PENNSYLVANIA

COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE

PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST

OF FOUR MEMBERS OF THE GENERAL ASSEMBLY OR THE MEMBERS'

DESIGNATED LEGISLATIVE STAFF, OF WHOM ONE SHALL BE DESIGNATED

BY, AND SERVE AT THE PLEASURE OF, THE PRESIDENT PRO TEMPORE OF

THE SENATE, ONE BY THE MINORITY LEADER OF THE SENATE, ONE BY THE

SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE BY THE MINORITY

LEADER OF THE HOUSE OF REPRESENTATIVES.

(B) THE FOLLOWING SHALL APPLY:

(1) THE JUDICIAL COMPUTER SYSTEM FINANCIAL AUDIT COMMITTEE

IS ESTABLISHED WITHIN THE COMMISSION. THE COMMITTEE SHALL

CONSIST OF VOTING AND NONVOTING ADVISORY MEMBERS. THE CHAIR OF

THE COMMITTEE SHALL BE SELECTED BY A MAJORITY VOTE OF THE VOTING

MEMBERS:

(2) THE VOTING MEMBERS ARE AS FOLLOWS:

(I) THE PRESIDENT PRO TEMPORE OF THE SENATE OR A DESIGNEE.

(II) THE MAJORITY LEADER OF THE SENATE OR A DESIGNEE.

(III) THE MINORITY LEADER OF THE SENATE OR A DESIGNEE.

(IV) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR A

DESIGNEE.

(V) THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR A

DESIGNEE.

(VI) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR

A DESIGNEE.

20210HB0336PN1933 - 24 -

(VII) A COMMISSIONED JUDGE OR JUSTICE OF THE COMMONWEALTH,

APPOINTED BY THE CHIEF JUSTICE OF PENNSYLVANIA.

(3) THE NONVOTING ADVISORY MEMBERS ARE AS FOLLOWS:

(I) THE COURT ADMINISTRATOR OF PENNSYLVANIA.

(II) THE EXECUTIVE DIRECTOR OF THE COMMISSION.

(III) THE SECRETARY OF CORRECTIONS OR A DESIGNEE.

(IV) THE PENNSYLVANIA STATE POLICE COMMISSIONER OR A

DESIGNEE.

(V) THE PRESIDENT OF THE COUNTY COMMISSIONERS ASSOCIATION OF

PENNSYLVANIA OR A DESIGNEE.

(VI) THE PRESIDENT OF THE PENNSYLVANIA STATE ASSOCIATION OF

THE PROTHONOTARIES AND CLERKS OF COURTS OR A DESIGNEE.

(1) REQUEST INFORMATION FROM THE ADMINISTRATIVE OFFICE OF

PENNSYLVANIA COURTS NECESSARY TO FULFILL THE DUTIES UNDER THIS

SUBSECTION.

(2) REVIEW THE POLICY GOALS, PURPOSE AND PROGRAMS OF THE

SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE PROVISION OF

STATEWIDE CASE MANAGEMENT SYSTEMS FOR MAGISTERIAL, COMMON PLEAS

AND APPELLATE COURTS AND OTHER CRITICAL FUNCTIONS, THE SYSTEM'S

IMPACT ON THE IMPLEMENTATION OF STATUTORY ENACTMENTS AND THE

COLLECTION OF FINES, FEES AND COSTS PAYABLE TO THE COMMONWEALTH,

COUNTIES AND MUNICIPAL CORPORATIONS.

(3) ASSESS THE ANNUAL FINANCIAL NEEDS AND REVENUE STREAMS

THAT SUPPORT THE CONTINUOUS AND UNINTERRUPTED OPERATION OF THE

SYSTEM, INCLUDING DISASTER RECOVERY.

(4) EVALUATE THE ANNUAL REVENUES AND EXPENDITURES WITHIN THE

SYSTEM AND THE AMOUNT OF ANY ANNUAL SURPLUSES.

(5) SUBMIT LEGISLATIVE RECOMMENDATIONS RELATED TO THE

REALLOCATION OF UNDEDICATED SURPLUSES.

20210HB0336PN1933 - 25 -

(6) BY JANUARY 31, 2022, SUBMIT A REPORT OF ITS FINDINGS TO

THE CHAIR AND MINORITY CHAIR OF THE APPROPRIATIONS COMMITTEE OF

THE SENATE, THE CHAIR AND MINORITY CHAIR OF THE APPROPRIATIONS

C OMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE CHAIR AND

MINORITY CHAIR OF THE JUDICIARY COMMITTEE OF THE SENATE AND THE

CHAIR AND MINORITY CHAIR OF THE JUDICIARY COMMITTEE OF THE HOUSE

OF REPRESENTATIVES.

(D) STAFF SUPPORT SHALL BE MADE AVAILABLE TO THE COMMITTEE

BY THE EXECUTIVE DIRECTOR OF THE COMMISSION IN ORDER TO

ADEQUATELY PERFORM THE DUTIES PROVIDED FOR UNDER SUBSECTION (C).

(E) THE COMMITTEE SHALL EXPIRE ON JUNE 30, 2023, UNLESS

OTHERWISE EXTENDED BY AN ACT OF THE GENERAL ASSEMBLY.

(F) AS USED HEREIN:

THE TERM "COMMISSION" SHALL MEAN THE PENNSYLVANIA COMMISSION

ON CRIME AND DELINQUENCY.

THE TERM "COMMITTEE" SHALL MEAN THE JUDICIAL COMPUTER SYSTEM

FINANCIAL AUDIT COMMITTEE ESTABLISHED UNDER SUBSECTION (B)(1).

THE TERM "SYSTEM" SHALL MEAN THE JUDICIAL COMPUTER SYSTEM

ESTABLISHED UNDER 42 PA.C.S. CH. 37 SUBCH. C (RELATING TO

JUDICIAL COMPUTER SYSTEM).

SECTION 2. SECTION 428 OF THE ACT IS REPEALED:

[SECTION 428. BOARD TO LICENSE PRIVATE BANKERS.--THE BOARD

TO LICENSE PRIVATE BANKERS SHALL CONSIST OF THE SECRETARY OF

BANKING, WHO SHALL BE CHAIRMAN THEREOF, THE SECRETARY OF THE

COMMONWEALTH, AND THE STATE TREASURER.]

SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:

ARTICLE V-B

PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY

SECTION 501-B. FLOOD PLAIN MANAGEMENT.

(A) ASSUMPTION OF POWERS AND DUTIES.--NOTWITHSTANDING THE

20210HB0336PN1933 - 26 -

ACT OF OCTOBER 4, 1978 (P.L.851, NO.166), KNOWN AS THE FLOOD

PLAIN MANAGEMENT ACT, THE POWERS AND DUTIES OF THE DEPARTMENT OF

COMMUNITY AFFAIRS AND THE DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT UNDER THE FLOOD PLAIN MANAGEMENT ACT SHALL BE

ASSUMED BY THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.

(B) EXCLUSIVE STATE JURISDICTION OVER CERTAIN OBSTRUCTIONS

IN FLOOD PLAINS.--NOTWITHSTANDING SECTION 302(B) OF THE FLOOD

PLAIN MANAGEMENT ACT, NO PERSON SHALL CONSTRUCT, MODIFY, REMOVE,

ABANDON OR DESTROY A STRUCTURE OR ENGAGE IN AN ACTIVITY

SPECIFIED IN SECTION 302(A) OF THE FLOOD PLAIN MANAGEMENT ACT IN

THE 100-YEAR FLOOD PLAIN UNLESS THE PERSON HAS FIRST APPLIED FOR

AND OBTAINED A PERMIT FROM THE DEPARTMENT OF ENVIRONMENTAL

PROTECTION. THE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAY

IMPOSE PERMIT TERMS AND CONDITIONS AS IT DEEMS NECESSARY TO

CARRY OUT THE PURPOSES OF THE FLOOD PLAIN MANAGEMENT ACT. THE

PERMIT SHALL BECOME EFFECTIVE 60 DAYS FOLLOWING THE RECEIPT OF

THE APPLICATION BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

UNLESS THE APPLICATION IS DISAPPROVED BY THE DEPARTMENT OF

ENVIRONMENTAL PROTECTION. IF THE DEPARTMENT OF ENVIRONMENTAL

PROTECTION DISAPPROVES THE APPLICATION, IT SHALL NOTIFY THE

APPLICANT OF THE REASONS FOR DISAPPROVAL.

SECTION 4. SECTIONS 603-A AND 615-A OF THE ACT ARE AMENDED

TO READ:

SECTION 603-A. DEPARTMENT OF BANKING AND SECURITIES.--THE

DEPARTMENT OF BANKING AND SECURITIES IS AUTHORIZED TO CHARGE

FEES FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:

(1) CONSUMER DISCOUNT COMPANIES:

(I) INITIAL LICENSE....................... $500.00

(II) ADDITIONAL LICENSES FOR EACH BUSINESS

LOCATION............................... 500.00

20210HB0336PN1933 - 27 -

(III) ANNUAL LICENSE RENEWAL.............. 350.00

(2) MOTOR VEHICLE SALES FINANCE:

(I) INITIAL LICENSE FOR SALES FINANCE

COMPANY................................ 500.00

ANNUAL LICENSE RENEWAL................. 350.00

(II) LICENSE FOR INSTALLMENT SELLER....... 250.00

ANNUAL LICENSE RENEWAL................. 250.00

(III) INITIAL LICENSE COLLECTOR-

REPOSSESSOR............................ 350.00

ANNUAL LICENSE RENEWAL................. 250.00

(3) PAWNBROKER:

(I) INITIAL LICENSE FOR PAWNBROKER........ 500.00

ANNUAL LICENSE RENEWAL................. 250.00

[(4) MONEY TRANSMITTER:

(I) INITIAL LICENSE FOR MONEY

TRANSMITTER............................ 2,000.00

ANNUAL LICENSE RENEWAL................. 2,000.00

(5) SECONDARY MORTGAGE LOAN COMPANY:

(I) INITIAL LICENSE FOR PRINCIPAL PLACE OF

BUSINESS AND EACH BRANCH OFFICE........ 500.00

ANNUAL LICENSE RENEWAL................. 350.00

(6) SECONDARY MORTGAGE LOAN BROKER:

(I) INITIAL LICENSE FOR PRINCIPAL PLACE OF

BUSINESS............................... 500.00

ANNUAL LICENSE RENEWAL................. 200.00

(II) EACH BRANCH OFFICE................... 50.00

ANNUAL BRANCH RENEWAL.................. 25.00

(7) FIRST MORTGAGE BANKER:

(I) INITIAL LICENSE FOR PRINCIPAL PLACE OF

BUSINESS AND EACH BRANCH OFFICE........ 500.00

20210HB0336PN1933 - 28 -

ANNUAL LICENSE RENEWAL................. 350.00

(8) FIRST MORTGAGE BROKER:

(I) INITIAL LICENSE FEE FOR PRINCIPAL PLACE

OF BUSINESS............................ 500.00

ANNUAL LICENSE RENEWAL................. 200.00

(II) EACH BRANCH OFFICE................... 50.00

ANNUAL BRANCH RENEWAL.................. 25.00]

(9) TAKEOVER DISCLOSURE LAW:

(I) FOR AN OFFER VALUED AT LESS THAN

$5,000,000 ............................. 1,500.00

(II) FOR AN OFFER VALUED AT $5,000,000 OR

MORE, BUT LESS THAN $10,000,000 ........ 2,000.00

(III) FOR AN OFFER VALUED AT $10,000,000 OR

MORE, BUT LESS THAN $25,000,000 ........ 3,000.00

(IV) FOR AN OFFER VALUED AT $25,000,000 OR

MORE ................................... 5,000.00

(V) THE FEE FOR FILING A NOTICE UNDER

SECTION 8(A) OF THE ACT OF MARCH 3, 1976

(P.L.42, NO.19), KNOWN AS THE "TAKEOVER

DISCLOSURE LAW" ....................... 100.00

(VI) ANY TARGET COMPANY MAKING ANY FILING

PURSUANT TO SECTION 6 OF THE "TAKEOVER

DISCLOSURE LAW," PAYABLE AT THE TIME OF

THE INITIAL FILING .................... 500.00

(VII) A REGISTRANT, APPLICANT FOR

REGISTRATION, ISSUER OR OTHER PERSON

UPON WHOM THE DEPARTMENT HAS CONDUCTED

AN EXAMINATION, AUDIT, INVESTIGATION OR

PROSECUTION AND WHO HAS BEEN FOUND

GUILTY OF A VIOLATION OF THE PROVISIONS

20210HB0336PN1933 - 29 -

OF THIS ACT SHALL PAY FOR ALL THE COSTS

INCURRED IN THE CONDUCT OF SUCH

EXAMINATION, AUDIT, INVESTIGATION OR

PROSECUTION. THESE COSTS SHALL INCLUDE,

BUT ARE NOT LIMITED TO, THE SALARIES AND

OTHER COMPENSATION PAID TO CLERICAL,

ADMINISTRATIVE, INVESTIGATIVE AND LEGAL

PERSONNEL, PLUS THE ACTUAL AMOUNT OF

EXPENSES REASONABLY INCURRED BY SUCH

PERSONNEL OR THE DEPARTMENT IN THE

CONDUCT OF SUCH EXAMINATION, AUDIT,

INVESTIGATION OR PROSECUTION

(VIII) THE FEE FOR REQUESTING AN ORDER

ISSUED BY THE DEPARTMENT UNDER SECTION

8(B) OF THE "TAKEOVER DISCLOSURE LAW" . . 100.00

[SECTION 615-A. PENNSYLVANIA SECURITIES COMMISSION.--THE

PENNSYLVANIA SECURITIES COMMISSION IS AUTHORIZED TO CHARGE FEES

FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:

(I) FOR AN OFFER VALUED AT LESS THAN

$5,000,000............................. 1,500.00

(II) FOR AN OFFER VALUED AT $5,000,000 OR

MORE, BUT LESS THAN $10,000,000........ 2,000.00

(III) FOR AN OFFER VALUED AT $10,000,000 OR

MORE, BUT LESS THAN $25,000,000........ 3,000.00

(IV) FOR AN OFFER VALUED AT $25,000,000 OR

MORE................................... 5,000.00

(V) THE FEE FOR FILING A NOTICE UNDER

SECTION 8(A) OF THE ACT OF MARCH 3, 1976

(P.L.42, NO.19), KNOWN AS THE "TAKEOVER

DISCLOSURE LAW"........................ 100.00

20210HB0336PN1933 - 30 -

(VI) ANY TARGET COMPANY MAKING ANY FILING

PURSUANT TO SECTION 6, OF THE "TAKEOVER

DISCLOSURE LAW," PAYABLE AT THE TIME OF

THE INITIAL FILING..................... 500.00

(VII) A REGISTRANT, APPLICANT FOR

REGISTRATION, ISSUER OR OTHER PERSON

UPON WHOM THE COMMISSION HAS CONDUCTED

AN EXAMINATION, AUDIT, INVESTIGATION OR

PROSECUTION AND WHO HAS BEEN FOUND

GUILTY OF A VIOLATION OF THE PROVISIONS

OF THIS ACT SHALL PAY FOR ALL THE COSTS

INCURRED IN THE CONDUCT OF SUCH

EXAMINATION, AUDIT, INVESTIGATION OR

PROSECUTION. THESE COSTS SHALL INCLUDE,

BUT ARE NOT LIMITED TO, THE SALARIES AND

OTHER COMPENSATION PAID TO CLERICAL,

ADMINISTRATIVE, INVESTIGATIVE AND LEGAL

PERSONNEL, PLUS THE ACTUAL AMOUNT OF

EXPENSES REASONABLY INCURRED BY SUCH

PERSONNEL OR THE COMMISSION IN THE

CONDUCT OF SUCH EXAMINATION, AUDIT,

INVESTIGATION OR PROSECUTION

(VIII) THE FEE FOR REQUESTING AN ORDER

ISSUED BY THE COMMISSION UNDER SECTION

8(B) OF THE "TAKEOVER DISCLOSURE LAW". . 100.00]

SECTION 5. SECTION 602-B OF THE ACT IS AMENDED BY ADDING A

DEFINITION TO READ:

SECTION 602-B. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

20210HB0336PN1933 - 31 -

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"REQUESTING OFFICER." THE FOLLOWING OFFICERS OF THE GENERAL

ASSEMBLY:

(1) THE PRESIDENT PRO TEMPORE OF THE SENATE OR THE

SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(2) THE MAJORITY LEADER OR THE MINORITY LEADER OF THE

SENATE.

(3) THE MAJORITY LEADER OR THE MINORITY LEADER OF THE

HOUSE OF REPRESENTATIVES.

(4) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE

APPROPRIATIONS COMMITTEE OF THE SENATE.

(5) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(6) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE

STANDING COMMITTEE OF THE SENATE TO WHICH THE BILL IS

REFERRED.

(7) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE

STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO WHICH

THE BILL IS REFERRED.

* * *

SECTION 6. SECTION 605-B(E) OF THE ACT IS AMENDED TO READ:

SECTION 605-B. REVENUE ESTIMATES.

* * *

(E) PROPOSED CHANGE IN LAW.--

(1) 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

20210HB0336PN1933 - 32 -

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.1).

(2) THE OFFICE SHALL PREPARE, IF REQUESTED BY A

REQUESTING OFFICER, A REVENUE ESTIMATE OF ANY CHANGE IN LAW

AFFECTING REVENUES AND RECEIPTS, INCLUDING INCREASES IN

REGULATORY FEES, THAT MAY BE EXPECTED TO CARRY A FISCAL

IMPACT IN EXCESS OF $50,000,000 IN ANY FISCAL YEAR, PROPOSED

OR CONSIDERED AS PART OF A BILL OR AMENDMENT IN EITHER HOUSE

OF THE GENERAL ASSEMBLY. IF THE PROPOSED CHANGE IN LAW WILL

HAVE A FISCAL IMPACT IN EXCESS OF $50,000,000 IN ANY FISCAL

YEAR, THE ESTIMATE SHALL BE PREPARED ON THE BASIS OF

ASSUMPTIONS THAT CONSIDER THE PROBABLE BEHAVIORAL RESPONSES

OF TAXPAYERS, BUSINESSES AND OTHER PERSONS AND ANY POTENTIAL

DYNAMIC OR MACROECONOMIC IMPACTS IN RESPONSE 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.1).

* * *

SECTION 7. SECTION 615-B(A), (B), (D)(3), (F), (G) AND (K)

(2) OF THE ACT, AMENDED JUNE 30, 2020 (P.L.511, NO.37), ARE

AMENDED TO READ:

SECTION 615-B. ADDITIONAL DUTIES.

(A) ACTUARIAL NOTES.--THE OFFICE SHALL PREPARE ACTUARIAL

NOTES BY SELECTING AN ENROLLED PENSION ACTUARY TO PREPARE

ACTUARIAL NOTES FOR BILLS OR AMENDMENTS WHICH COULD HAVE A

MATERIAL ACTUARIAL IMPACT ON A PUBLIC EMPLOYEE RETIREMENT PLAN.

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ACTUARIAL NOTES SHALL INCLUDE A RELIABLE ESTIMATE OF THE

FINANCIAL AND ACTUARIAL EFFECT OF THE PROPOSED CHANGE IN ANY

PENSION OR RETIREMENT SYSTEM. THE FINANCIAL ANALYSIS CONTAINED

IN ACTUARIAL NOTES FOR LEGISLATION THAT PROPOSES SUBSTANTIAL

BENEFIT DESIGN CHANGES UNDER 24 PA.C.S. PT. IV (RELATING TO

RETIREMENT FOR SCHOOL EMPLOYEES) AND 71 PA.C.S. PT. XXV

(RELATING TO RETIREMENT FOR STATE EMPLOYEES AND OFFICERS) SHALL

INCLUDE, BUT NOT BE LIMITED TO, A RISK TRANSFER ANALYSIS AND, IF

REQUESTED BY [AN] A REQUESTING OFFICER [LISTED IN THIS

SUBSECTION], AN ANALYSIS OF THE POTENTIAL IMPACT ON THE ASSET

ALLOCATION AND RELATED COSTS FOR THE SYSTEMS. THE ACTUARIAL NOTE

SHALL BE FACTUAL, AND SHALL, IF POSSIBLE, PROVIDE A RELIABLE

ESTIMATE OF BOTH THE IMMEDIATE COST AND EFFECT OF THE BILL AND,

IF DETERMINABLE OR REASONABLY FORSEEABLE, THE LONG-RANGE

ACTUARIAL COST AND EFFECT OF THE BILL. THE STATE EMPLOYEES'

RETIREMENT SYSTEM OR THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT

SYSTEM SHALL PROVIDE THE OFFICE WITH ALL INFORMATION NECESSARY

TO COMPLETE AN ACTUARIAL NOTE WITHIN 14 DAYS OF THE REQUEST FOR

INFORMATION BY THE OFFICE. THE OFFICE SHALL TRANSMIT ACTUARIAL

NOTES IN ELECTRONIC FORM TO THE GOVERNOR AND ALL MEMBERS OF THE

GENERAL ASSEMBLY WITHIN THE TIME PERIODS SPECIFIED UNDER THIS

SECTION UPON THE REQUEST OF A REQUESTING OFFICER. [ANY OF THE

FOLLOWING:

(1) THE PRESIDENT PRO TEMPORE OF THE SENATE OR THE

SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(2) THE MAJORITY LEADER OR THE MINORITY LEADER OF THE

SENATE.

(3) THE MAJORITY LEADER OR THE MINORITY LEADER OF THE

HOUSE OF REPRESENTATIVES.

(4) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE

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APPROPRIATIONS COMMITTEE OF THE SENATE.

(5) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(6) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE

STANDING COMMITTEE OF THE SENATE TO WHICH THE BILL IS

REFERRED.

(7) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE

STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO WHICH

THE BILL IS REFERRED.]

(B) ANALYSIS.--AT THE REQUEST OF [AN] A REQUESTING OFFICER

[LISTED IN SUBSECTION (A)], THE OFFICE SHALL ANALYZE THE

PROVISIONS OF A BILL RELATING TO PUBLIC EMPLOYEE RETIREMENT OR

PENSION POLICY AND ISSUE A REPORT ON THE BILL IN A TIMELY

FASHION. THE REPORT SHALL PROVIDE A SYNOPSIS OF THE BILL AND

FINANCIAL COST AND SHALL IDENTIFY PROPOSED CHANGES TO CURRENT

LAW AND CURRENT POLICY. THE REPORT, AFTER CONSULTATION WITH THE

REQUESTING OFFICER, MAY INCLUDE AN ASSESSMENT OF THE ACTUARIAL

IMPACT AND SHALL BE SUBMITTED IN ELECTRONIC FORM TO THE GOVERNOR

AND ALL MEMBERS OF THE GENERAL ASSEMBLY.

* * *

(D) WEBSITE.--THE OFFICE SHALL MAINTAIN THE FOLLOWING ON ITS

INTERNET WEBSITE IN A PUBLICLY ACCESSIBLE AND SEARCHABLE AREA:

* * *

(3) ANY OTHER INFORMATION THAT IS REQUESTED TO BE POSTED

BY [AN] A REQUESTING OFFICER [LISTED IN SUBSECTION (A)].

* * *

(F) FORMULATION.--THE OFFICE SHALL STUDY GENERALLY THE

SUBJECT OF RETIREMENT, INCOME AFTER RETIREMENT, DISABILITY AND

DEATH BENEFITS AND THE RETIREMENT NEEDS OF PUBLIC EMPLOYEES. THE

OFFICE SHALL FORMULATE PRINCIPLES AND OBJECTIVES AND RECOMMEND

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ANY NEW LEGISLATION IT DEEMS ADVISABLE AS REQUESTED BY [AN] A

REQUESTING OFFICER [LISTED IN SUBSECTION (A)].

(G) STUDY.--THE OFFICE SHALL STUDY THE RELATIONSHIP OF

RETIREMENT AND PENSION POLICY TO OTHER ASPECTS OF PUBLIC

PERSONNEL POLICY AND TO THE EFFECTIVE OPERATION OF GOVERNMENT

GENERALLY, AS REQUESTED BY [AN] A REQUESTING OFFICER [LISTED IN

SUBSECTION (A)].

* * *

(K) EFFECT OF FAILURE OF OFFICE TO ATTACH NOTE.--

* * *

(2) IF THE OFFICE FAILS TO ATTACH AN ACTUARIAL NOTE

WITHIN 20 LEGISLATIVE DAYS AFTER AN AMENDMENT TO A BILL

PROPOSING A CHANGE RELATIVE TO A PUBLIC EMPLOYEE PENSION OR

RETIREMENT HAS BEEN SUBMITTED TO THE OFFICE BY [AN] A

REQUESTING OFFICER [LISTED IN SUBSECTION (A)], THE AMENDMENT

MAY BE CONSIDERED IN THE SAME MANNER AS IF THE ACTUARIAL NOTE

HAD BEEN ATTACHED TO THE AMENDMENT.

* * *

SECTION 7.1. SECTION 706 OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 706. AUDITOR GENERAL.--* * *

(E) THE FOLLOWING SHALL APPLY:

(1) IF THERE IS A PROPOSED INCREASE IN EITHER WATER OR WASTE

WATER RATES, THE AUDITOR GENERAL, THROUGH AGENTS AS THE AUDITOR

GENERAL MAY SELECT, MAY PERFORM AN AUDIT OF A MUNICIPAL

AUTHORITY:

(I) LOCATED IN A COUNTY OF THE THIRD CLASS WITH A POPULATION

OF MORE THAN 355,000 BUT LESS THAN 370,000 AS DETERMINED BY THE

2010 CENSUS;

(II) INCORPORATED UNDER 53 PA.C.S. CH. 56 (RELATED TO

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