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PRINTER'S NO. 2034
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1792
Session of
2021
INTRODUCED BY BROOKS, SILVIS, R. MACKENZIE, HENNESSEY,
M. MACKENZIE, GROVE, MILLARD, PICKETT AND ZIMMERMAN,
AUGUST 16, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 16, 2021
AN ACT
Amending Titles 7 (Banks and Banking), 12 (Commerce and Trade),
15 (Corporations and Unincorporated Associations), 18 (Crimes
and Offenses), 20 (Decedents, Estates and Fiduciaries), 23
(Domestic Relations), 25 (Elections), 30 (Fish), 34 (Game),
35 (Health and Safety), 37 (Historical and Museums), 40
(Insurance), 42 (Judiciary and Judicial Procedure), 51
(Military Affairs), 53 (Municipalities Generally), 54
(Names), 61 (Prisons and Parole), 62 (Procurement), 64
(Public Authorities and Quasi-Public Corporations), 66
(Public Utilities), 68 (Real and Personal Property), 71
(State Government), 74 (Transportation) and 75 (Vehicles) of
the Pennsylvania Consolidated Statutes, making editorial
changes relating to obsolete references to certain
Commonwealth agencies, secretaries and acts relating thereto.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6133(b) and (d)(2) of Title 7 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 6133. Issuance of license.
* * *
(b) Appeal of denial.--If the department refuses to issue a
license, it shall notify the applicant in writing of the denial,
the reason for the denial and the applicant's right to appeal
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the denial to the Secretary of Banking and Securities. An appeal
from the department's refusal to approve an application for a
license must be filed by the applicant within 30 days of notice
of refusal.
* * *
(d) Denial of license due to conviction.--
* * *
(2) A license under this chapter shall be deemed to be a
covered license within the meaning of section 405 of the act
of May 15, 1933 (P.L.565, No.111), known as the Department of
Banking and Securities Code. The department shall notify a
licensee if a covered individual within the meaning of
section 405 of the Department of Banking and Securities Code
that is or will be employed or contracted by the licensee has
a criminal background that renders the employee unfit for
employment in the mortgage loan business.
* * *
Section 2. The definition of "medical facility" in section
2902 of Title 12 is amended to read:
§ 2902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Medical facility." An entity licensed as a hospital under
the act of June 13, 1967 (P.L.31, No.21), known as the [Public
Welfare] Human Services Code, or the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities Act.
* * *
Section 3. The definition of "hospital" in section 3402 of
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Title 12 is amended to read:
§ 3402. Definitions.
The following words and phrases when used in this chapter
shall have the meaning given to them in this section unless the
context clearly indicates otherwise:
* * *
"Hospital." A facility operated by an entity licensed as a
hospital under the act of June 13, 1967 (P.L.31, No.21), known
as the [Public Welfare] Human Services Code, or the act of July
19, 1979 (P.L.130, No.48), known as the Health Care Facilities
Act, which is used to provide inpatient care and services.
* * *
Section 4. Section 1511(f) of Title 15 is amended to read:
§ 1511. Additional powers of certain public utility
corporations.
* * *
(f) Effect on other statutes.--Subsections (a) through (e)
shall not be construed to eliminate the exemption by statute of
certain agricultural or historical lands from liability to
condemnation or entry nor to affect or modify any of the
provisions of [the act of December 19, 1984 (P.L.1140, No.223),
known as the Oil and Gas Act,] 58 Pa.C.S. Ch. 32 (relating to
development) or of 66 Pa.C.S. § 1104 (relating to certain
appropriations by [the] right of eminent domain prohibited) or
2702 (relating to construction, relocation, suspension and
abolition of crossings), nor to permit the acquisition of water
rights, water or land underlying them by any public utility
corporation that has not received from the Department of
Environmental [Resources] Protection a limited power permit,
limited water supply permit, order of confirmation, permit for
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acquisition of water rights or gubernatorial easement, right-of-
way, license or lease authorizing the acquisition or occupancy.
* * *
Section 5. Section 2713(c) of Title 18 is amended to read:
§ 2713. Neglect of care-dependent person.
* * *
(c) Report during investigation.--When in the course of
conducting any regulatory or investigative responsibility, the
Department of Aging, the Department of Health or the Department
of [Public Welfare] Human Services has a reasonable cause to
believe that a care-dependent person or care-dependent persons
residing in a facility have suffered bodily injury or been
unlawfully restrained in violation of subsection (a)(1) or (2),
a report shall be made immediately to the local law enforcement
agency or to the Office of Attorney General.
* * *
Section 6. The definition of "center for children" in
section 3124.2(b) of Title 18, amended July 23, 2020 (P.L.641,
No.63), is amended to read:
§ 3124.2. Institutional sexual assault.
* * *
(b) Definitions.--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:
* * *
"Center for children." Includes a child day-care center,
group and family day-care home, boarding home for children, a
center providing early intervention and drug and alcohol
services for children or other facility which provides child-
care services which are subject to approval, licensure,
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registration or certification by the Department of [Public
Welfare] Human Services or a county social services agency or
which are provided pursuant to a contract with the department or
a county social services agency. The term does not include a
youth development center, youth forestry camp, State or county
juvenile detention facility and other licensed residential
facility serving children and youth.
* * *
Section 7. Sections 6501(f) and 7506(a) of Title 18 are
amended to read:
§ 6501. Scattering rubbish.
* * *
(f) Exception.--Subsection (a)(3) does not apply to the
lawful depositing of waste at any site regulated by the
Department of Environmental [Resources] Protection.
* * *
§ 7506. Violation of rules regarding conduct on Commonwealth
property.
(a) Promulgation of rules and regulations.--The Department
of [Environmental] Conservation and Natural Resources,
Pennsylvania Game Commission and Pennsylvania Historical and
Museum Commission may promulgate rules and regulations governing
conduct, other than conduct regulated in section 7505 (relating
to violation of governmental rules regarding traffic), on
Commonwealth property within the jurisdiction of that agency.
Such rules and regulations shall be reasonably related to the
preservation and protection of such property for its specified
or intended use, or to promote the welfare, safety or protection
of those persons using such property, shall be consistent with
existing law and shall be posted in a manner reasonable likely
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to come to the attention of persons using such property.
* * *
Section 8. The definition of "criminal justice agency" in
section 9102 of Title 18 is amended to read:
§ 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Criminal justice agency." Any court, including the minor
judiciary, with criminal jurisdiction or any other governmental
agency, or subunit thereof, created by statute or by the State
or Federal constitutions, specifically authorized to perform as
its principal function the administration of criminal justice,
and which allocates a substantial portion of its annual budget
to such function. Criminal justice agencies include, but are not
limited to: organized State and municipal police departments,
local detention facilities, county, regional and State
correctional facilities, probation agencies, district or
prosecuting attorneys, parole boards, pardon boards, the
facilities and administrative offices of the Department of
[Public Welfare] Human Services that provide care, guidance and
control to adjudicated delinquents, and such agencies or
subunits thereof, as are declared by the Attorney General to be
criminal justice agencies as determined by a review of
applicable statutes and the State and Federal Constitutions or
both.
* * *
Section 9. Sections 3101(c), 3319(b)(1), 3321(d), 5488(b),
5525, 7780.3(a) and 7799.3(c), (d)(1), (e)(1) and (2) and (f) of
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Title 20 are amended to read:
§ 3101. Payments to family and funeral directors.
* * *
(c) Patient's care account.--When the decedent was a
qualified recipient of medical assistance from the Department of
[Public Welfare] Human Services, the facility in which he was a
patient may make payment of funds, if any, remaining in the
patient's care account, for the decedent's burial expenses to a
licensed funeral director in an amount not exceeding $10,000
whether or not a personal representative has been appointed.
After the payment of decedent's burial expenses, the facility
may pay the balance of decedent's patient's care account, as
long as the payments, including the payment for burial expenses,
does not exceed $10,000, to the spouse, any child, the father or
mother or any sister or brother (preference being given in the
order named) of the deceased patient. Any facility making such a
payment shall be released to the same extent as if payment had
been made to a duly appointed personal representative of the
decedent and it shall not be required to see to the application
thereof. Any licensed funeral director or other person to whom
payment is made shall be answerable therefor to anyone
prejudiced by an improper distribution.
* * *
§ 3319. Power of attorney; delegation of power over
subscription rights and fractional shares; authorized
delegations.
* * *
(b) Delegation of power over subscription rights and
fractional shares.--Where there is more than one personal
representative, one or more may delegate to another the power to
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decide whether rights to subscribe to stock should be sold or
should be exercised, and also the power to decide whether a
fractional share of stock should be sold or should be rounded
out to a whole share through the purchase of an additional
fraction, and also the power to carry out any such decision. Any
delegation may extend to all subscription rights and fractional
shares from time to time received by the personal
representatives on account of stock held by them, or may be
limited to any extent specified in the delegation. No exercise
of any delegated power shall be valid, unless:
(1) the stock on which the subscription rights or
fractional shares are issued are listed or traded on the New
York Stock Exchange or any other exchange approved by the
Department of Banking and Securities; and
* * *
§ 3321. Nominee registration; corporate fiduciary as agent;
deposit of securities in a clearing corporation;
book-entry securities.
* * *
(d) Deposit of securities in a clearing corporation.--A
personal representative holding securities in its fiduciary
capacity, any bank and trust company, trust company or National
bank holding securities as an agent pursuant to subsection (c)
of this section, is authorized to deposit or arrange for the
deposit of such securities in a clearing corporation (as defined
in Division 8 of Title 13 (relating to investment securities)).
When such securities are so deposited, certificates representing
securities of the same class of the same issuer may be merged
and held in bulk in the name of the nominee of such clearing
corporation with any other such securities deposited in such
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clearing corporation by any person regardless of the ownership
of such securities, and certificates of small denomination may
be merged into one or more certificates of larger denomination.
The records of such fiduciary and the records of such bank and
trust company, trust company or National bank acting as an agent
under a power of attorney for a personal representative shall at
all times show the name of the party for whose account the
securities are so deposited. Title to such securities may be
transferred by bookkeeping entry on the books of such clearing
corporation without physical delivery of certificates
representing such securities. A bank and trust company, trust
company or National bank so depositing securities pursuant to
this section shall be subject to such rules and regulations as,
in the case of State chartered institutions, the Department of
Banking and Securities and, in the case of National banking
associations, the comptroller of the currency may from time to
time issue including, without limitation, standards for, or the
method of making a determination of, the financial
responsibility of any clearing corporation in which securities
are deposited. A bank and trust company, trust company or
National bank acting as custodian for a personal representative
shall, on demand by the personal representative, certify in
writing to the personal representative the securities so
deposited by such bank and trust company, trust company or
National bank in such clearing corporation for the account of
such personal representative. A personal representative shall,
on demand by any party to a judicial proceeding for the
settlement of such personal representative's account or on
demand by the attorney for such party, certify in writing to
such party the securities deposited by such personal
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representative in such clearing corporation for its account as
such personal representative.
* * *
§ 5488. Advisory committee.
* * *
(b) Membership.--The committee shall include representatives
from the Pennsylvania Medical Society, the Hospital and Health
System Association of Pennsylvania, the Joint State Government
Commission's Advisory Committee on Decedents' Estates Laws, the
Pennsylvania Bar Association, the Department of Aging, the
Department of [Public Welfare] Human Services and other
interested persons at the department's discretion.
* * *
§ 5525. Notice to Commonwealth and political subdivisions.
When the Commonwealth or a political subdivision thereof has
a claim for maintaining an incapacitated person in an
institution, the guardian, within three months of his
appointment, shall give notice thereof to the Department of
[Public Welfare] Human Services or the proper officer of such
political subdivision, as the case may be.
§ 7780.3. Duty to inform and report.
(a) Duty to respond to requests.--A trustee shall promptly
respond to a reasonable request by the settlor of a trust or by
a beneficiary of an irrevocable trust for information related to
the trust's administration. A trustee shall promptly respond to
the Department of [Public Welfare's] Human Service's reasonable
request for information related to the trust's administration
when a settlor or beneficiary is a resident in a State-owned
facility or an applicant for or recipient of cash or medical
assistance from the Commonwealth and the department certifies in
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writing that it has obtained a currently valid consent for the
disclosure of such information from the settlor or beneficiary
of the trust. A trustee may rely upon the department's
certification without investigating its accuracy.
* * *
§ 7799.3. Pooled trusts for individuals with disabilities.
* * *
(c) Pooled trust fund.--Before the funding of a pooled
trust, all liens and claims in favor of the Department of
[Public Welfare] Human Services for repayment of cash and
medical assistance shall first be satisfied. All money received
for pooled trust funds shall be deposited with a court-approved
corporate fiduciary or with the State Treasury if no court-
approved corporate fiduciary is available to the trustee. The
funds shall be pooled for investment and management. A separate
account shall be maintained for each beneficiary, and quarterly
accounting statements shall be provided to each beneficiary by
the trustee. The court-approved corporate fiduciary or the State
Treasury shall provide quarterly accounting statements to the
trustee. The court-approved corporate fiduciary or the State
Treasury may charge a trust management fee to cover the costs of
managing the funds in the pooled trust.
(d) Reporting.--
(1) In addition to reports required to be filed under 15
Pa.C.S. Pt. III (relating to partnerships and limited
liability companies), the trustee shall file an annual report
with the Office of Attorney General and the Department of
[Public Welfare] Human Services, along with an itemized
statement which shows the funds collected for the year,
income earned, salaries paid, other expenses incurred and the
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opening and final trust balances. A copy of this statement
shall be available to the beneficiary, settlor or designee of
the settlor upon request.
* * *
(e) Coordination of services.--
(1) The Department of [Public Welfare] Human Services
shall review and approve the pooled trust of an applicant for
medical assistance.
(2) In the determination of eligibility for medical
assistance benefits, the interest of a disabled beneficiary
in a pooled trust that has been approved by the Department of
[Public Welfare] Human Services shall not be considered as a
resource for purposes of determining the beneficiary's
eligibility for medical assistance.
* * *
(f) Notice.--The Office of Attorney General and the
Department of [Public Welfare] Human Services shall make
available information on the treatment of pooled trusts for the
individuals with disabilities in the medical assistance program.
* * *
Section 10. The definition of "agency" in section 2102 of
Title 23 is amended to read:
§ 2102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Agency." Any incorporated or unincorporated organization,
society, institution or other entity, public or voluntary, which
may receive or provide for the care of children, supervised by
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the Department of [Public Welfare] Human Services and providing
adoption services in accordance with standards established by
the department.
* * *
Section 11. Sections 2503(e), 2504(d), 2505(e), 2511(c),
2551, 2552, 2732 and 2910 of Title 23 are amended to read:
§ 2503. Hearing.
* * *
(e) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights are terminated, the court
shall advise that parent, in writing, of his or her continuing
right to place and update personal and medical history
information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2504. Alternative procedure for relinquishment.
* * *
(d) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent, the court shall also advise, in
writing, the parent whose rights have been terminated of his or
her continuing right to place and update personal and medical
history information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
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§ 2505. Counseling.
* * *
(e) Counseling fund.--Except as hereinafter provided, each
report of intention to adopt filed pursuant to section 2531
(relating to report of intention to adopt) shall be accompanied
by a filing fee in the amount of $75 which shall be paid into a
segregated fund established by the county. The county may also
make supplemental appropriations to the fund. All costs of
counseling provided pursuant to subsection (c) or (d) to
individuals who are unable to pay for such counseling shall be
paid from the fund. No filing fee may be exacted under this
subsection with respect to the adoption of a special needs child
who would be eligible for adoption assistance pursuant to
regulations promulgated by the Department of [Public Welfare]
Human Services. In addition, the court may reduce or waive the
fee in cases of demonstrated financial hardship.
§ 2511. Grounds for involuntary termination.
* * *
(c) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights have been terminated, the
court shall advise the parent, in writing, of his or her
continuing right to place and update personal and medical
history information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2551. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
"PACE." The Pennsylvania Adoption Cooperative Exchange.
§ 2552. Pennsylvania Adoption Cooperative Exchange.
There shall be a Pennsylvania Adoption Cooperative Exchange
in the Office of Children, Youth and Families of the Department
of [Public Welfare] Human Services.
§ 2732. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." A public or private entity, including a county
agency, that:
(1) is licensed, supervised or regulated by the
Department of [Public Welfare] Human Services; and
(2) provides adoption services.
"Agreement." A voluntary written agreement between an
adoptive parent and a birth relative that is approved by a court
and provides for continuing contact or communication between the
child and the birth relative or between the adoptive parent and
the birth relative as provided under this subchapter.
"Birth relative." A parent, grandparent, stepparent,
sibling, uncle or aunt of the child's birth family, whether the
relationship is by blood, marriage or adoption.
"Child." An individual who is under 18 years of age.
"County agency." A county children and youth social service
agency established under section 405 of the act of June 24, 1937
(P.L.2017, No.396), known as the County Institution District
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Law, or its successor, and supervised by the Department of
[Public Welfare] Human Services under Article IX of the act of
June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code.
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
§ 2910. Penalty for unauthorized disclosure.
Any officer or employee of the court, other than a judge
thereof, the Department of Health, the Department of [Public
Welfare] Human Services or any agency who willfully discloses
impounded or otherwise confidential information relating to an
adoption, other than as expressly authorized and provided in
this chapter, commits a misdemeanor of the third degree.
Section 12. The definition of "department" in section 2911
of Title 23 is amended to read:
§ 2911. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 13. The definitions of "department" and "State
disbursement unit" in section 4302 of Title 23 are amended to
read:
§ 4302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"State disbursement unit." The organizational unit
established within the Department of [Public Welfare] Human
Services responsible for collecting and disbursing support as
provided in section 4374 (relating to State disbursement unit).
* * *
Section 14. Section 4306(c) of Title 23 is amended to read:
§ 4306. Duties of Title IV-D attorney.
* * *
(c) Joinder of Department of [Public Welfare] Human
Services.--Whenever the record in any support action or
proceeding indicates that the persons for whom support is sought
have received public assistance from the Department of [Public
Welfare] Human Services at any time since the initiation of the
matter, the department may become a party to the action or
proceeding by filing an entry of appearance. This entry of
appearance may be entered without leave of court at any time and
at any stage of the action or proceeding.
Section 15. The definition of "net proceeds" in section
4308.1(i) of Title 23 is amended to read:
§ 4308.1. Collection of overdue support from monetary awards.
* * *
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Net proceeds." Moneys in excess of $5,000 payable to a
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prevailing party or beneficiary, or in the case of an award
under the act of June 2, 1915 (P.L.736, No.338), known as the
Workers' Compensation Act, or the act of June 21, 1939 (P.L.566,
No.284), known as The Pennsylvania Occupational Disease Act, the
claimant after payment of attorney fees, witness fees, court
costs, reasonable litigation expenses, documented unpaid
expenses incurred for medical treatment causally related to the
claim, any workers' compensation or occupational disease
indemnity or medical payment and payments to the medical
assistance program under sections 1409 and 1412 of the act of
June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code.
* * *
Section 16. The definition of "health care coverage" in
section 4326(l) of Title 23 is amended to read:
§ 4326. Mandatory inclusion of child medical support.
* * *
(l) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Health care coverage." Coverage for medical, dental,
orthodontic, optical, psychological, psychiatric or other health
care services for a child. For the purposes of this section,
medical assistance under Subarticle (f) of Article IV of the act
of June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code, shall not be considered health care
coverage.
* * *
Section 17. Sections 4343(c)(6), 4355(d.6) and 4371 of Title
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23 are amended to read:
§ 4343. Paternity.
* * *
(c) Genetic tests.--
* * *
(6) A determination of nonpaternity made by another
state with respect to a public assistance recipient shall not
be binding upon the Department of [Public Welfare] Human
Services unless the defendant shows that the department had
actual notice of the proceedings, including the date and time
of any trial, and a fair opportunity to participate in all
material proceedings through counsel of its own choice.
§ 4355. Denial or suspension of licenses.
* * *
(d.6) Immunity.--The court, the domestic relations section,
the Department of [Public Welfare] Human Services, the
Department of Transportation, the Pennsylvania Game Commission,
the Pennsylvania Fish and Boat Commission or any employee of any
of these entities or any person appointed by the Pennsylvania
Game Commission or the Pennsylvania Fish and Boat Commission to
issue licenses and permits pursuant to the applicable provisions
of 30 Pa.C.S. (relating to fish) and 34 Pa.C.S. (relating to
game) shall not be subject to civil or criminal liability for
carrying out their duties under this section.
* * *
§ 4371. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Assistance." Cash assistance, medical assistance or
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designated services provided under Article IV of the act of June
13, 1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code.
"Legally responsible relative." Effective January 1, 1997, a
spouse and a parent for an unemancipated minor child.
"Secretary." The Secretary of [Public Welfare] Human
Services of the Commonwealth.
Section 18. The definition of "assistance group" in section
4374(g) of Title 23 is amended to read:
§ 4374. State disbursement unit.
* * *
(g) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Assistance group." The term shall have the meaning given in
section 402 of the act of June 13, 1967 (P.L.31, No.21), known
as the [Public Welfare] Human Services Code.
* * *
Section 19. The definition of "department" in section 4602
of Title 23 is amended to read:
§ 4602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
Section 20. Sections 4603(b)(2), 5103(a), (b), (c)(1), (e)
and (f), 5329.1(b)(1) and (2), 6106(d) and 6114(b)(2) of Title
23 are amended to read:
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§ 4603. Relatives' liability; procedure.
* * *
(b) Amount.--
* * *
(2) For medical assistance for the aged other than
public nursing home care, as provided in section 401 of the
act of June 13, 1967 (P.L.31, No.21), known as the [Public
Welfare] Human Services Code, the following apply:
(i) Except as set forth in subparagraph (ii), the
amount of liability shall, during any 12-month period, be
the lesser of:
(A) six times the excess of the liable
individual's average monthly income over the amount
required for the reasonable support of the liable
individual and other persons dependent upon the
liable individual; or
(B) the cost of the medical assistance for the
aged.
(ii) The department may, by reasonable regulations,
adjust the liability under subparagraph (i), including
complete elimination of the liability, at a cost to the
Commonwealth not exceeding those funds certified by the
Secretary of the Budget as available for this purpose.
* * *
§ 5103. Acknowledgment and claim of paternity.
(a) Acknowledgment of paternity.--The father of a child born
to an unmarried woman may file with the Department of [Public
Welfare] Human Services, on forms prescribed by the department,
an acknowledgment of paternity of the child which shall include
the consent of the mother of the child, supported by her
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witnessed statement subject to 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities). In such case, the father
shall have all the rights and duties as to the child which he
would have had if he had been married to the mother at the time
of the birth of the child, and the child shall have all the
rights and duties as to the father which the child would have
had if the father had been married to the mother at the time of
birth. The hospital or other person accepting an acknowledgment
of paternity shall provide written and oral notice, which may be
through the use of video or audio equipment, to the birth mother
and birth father of the alternatives to, the legal consequences
of and the rights and responsibilities that arise from, signing
the acknowledgment.
(b) Claim of paternity.--If the mother of the child fails or
refuses to join in the acknowledgment of paternity provided for
in subsection (a), the Department of [Public Welfare] Human
Services shall index it as a claim of paternity. The filing and
indexing of a claim of paternity shall not confer upon the
putative father any rights as to the child except that the
putative father shall be entitled to notice of any proceeding
brought to terminate any parental rights as to the child.
(c) Duty of hospital or birthing center.--Upon the birth of
a child to an unmarried woman, an agent of the hospital or
birthing center where the birth occurred shall:
(1) Provide the newborn's birth parents with an
opportunity to complete an acknowledgment of paternity. The
completed, signed and witnessed acknowledgment shall be sent
to the Department of [Public Welfare] Human Services. A copy
shall be given to each of the birth parents. This
acknowledgment shall contain:
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(i) A signed, witnessed statement subject to 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) by the birth mother consenting to the
acknowledgment of paternity.
(ii) A signed, witnessed statement subject to 18
Pa.C.S. § 4904 by the birth father acknowledging his
paternity.
(iii) A written explanation of the parental duties
and parental rights which arise from signing such a
statement.
(iv) The Social Security numbers and addresses of
both birth parents.
* * *
(e) Transfer.--The Department of Health shall transfer to
the Department of [Public Welfare] Human Services all
acknowledgments or claims of paternity filed with the Department
of Health under prior statutes.
(f) Certifications.--The Department of [Public Welfare]
Human Services shall provide necessary certifications under Part
III (relating to adoption) as to whether any acknowledgment or
claim of paternity has been filed in regard to any child who is
a prospective adoptive child.
* * *
§ 5329.1. Consideration of child abuse and involvement with
protective services.
* * *
(b) Cooperation.--The following apply:
(1) The Department of [Public Welfare] Human Services
and the county children and youth social service agency shall
fully cooperate with the court and assist the court in
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fulfilling its duties under this section.
(2) The Department of [Public Welfare] Human Services
and the county children and youth social service agency shall
fully cooperate with the governing authority in order to
implement the provisions of this section.
* * *
§ 6106. Commencement of proceedings.
* * *
(d) Surcharge on order.--When a protection order is granted
under section 6107(a), other than pursuant to an agreement of
the parties, a surcharge of $100 shall be assessed against the
defendant. All moneys received from surcharges shall be
distributed in the following order of priority:
(1) $25 shall be forwarded to the Commonwealth and shall
be appropriated to the Pennsylvania State Police to establish
and maintain the Statewide registry of protection orders
provided for in section 6105.
(2) $50 shall be retained by the county and shall be
used to carry out the provisions of this chapter as follows:
(i) $25 shall be used by the sheriff.
(ii) $25 shall be used by the court.
(3) $25 shall be forwarded to the Department of [Public
Welfare] Human Services for use for victims of domestic
violence in accordance with the provisions of section 2333 of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
* * *
§ 6114. Contempt for violation of order or agreement.
* * *
(b) Trial and punishment.--
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* * *
(2) All money received under this section shall be
distributed in the following order of priority:
(i) $100 shall be forwarded to the Commonwealth and
shall be appropriated to the Pennsylvania State Police to
establish and maintain the Statewide registry of
protection orders provided for in section 6105 (relating
to responsibilities of law enforcement agencies).
(ii) $100 shall be retained by the county and shall
be used to carry out the provisions of this chapter as
follows:
(A) $50 shall be used by the sheriff.
(B) $50 shall be used by the court.
(iii) $100 shall be forwarded to the Department of
[Public Welfare] Human Services for use for victims of
domestic violence in accordance with the provisions of
section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(iv) Any additional money shall be forwarded to the
Commonwealth and shall be used by the Pennsylvania State
Police to establish and maintain the Statewide registry
of protection orders provided for in section 6105.
* * *
Section 21. The definition of "county agency" in section
6303(a) of Title 23 is amended to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
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"County agency." The county children and youth social
service agency established pursuant to section 405 of the act of
June 24, 1937 (P.L.2017, No.396), known as the County
Institution District Law, or its successor, and supervised by
the department under Article IX of the act of June 13, 1967
(P.L.31, No.21), known as the [Public Welfare] Human Services
Code.
* * *
Section 22. Sections 6311(a)(16), 6341(b), 6344(a)(8) and
(d.3)(1), 6363, 6376(d), 6383(b)(4) and (c)(1) and 6385 of Title
23 are amended to read:
§ 6311. Persons required to report suspected child abuse.
(a) Mandated reporters.--The following adults shall make a
report of suspected child abuse, subject to subsection (b), if
the person has reasonable cause to suspect that a child is a
victim of child abuse:
* * *
(16) An adult family member who is a person responsible
for the child's welfare and provides services to a child in a
family living home, community home for individuals with an
intellectual disability or host home for children which are
subject to supervision or licensure by the department under
Articles IX and X of the act of June 13, 1967 (P.L.31,
No.21), known as the [Public Welfare] Human Services Code.
* * *
§ 6341. Amendment or expunction of information.
* * *
(b) Review of grant of request.--If the secretary grants the
request under subsection (a)(2), the Statewide database,
appropriate county agency, appropriate law enforcement officials
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and all subjects shall be so advised of the decision. The county
agency and any subject have 90 days in which to file an
administrative appeal with the secretary. If an administrative
appeal is received, the secretary or his designated agent shall
schedule a hearing pursuant to Article IV of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code, attending departmental regulations. If no
administrative appeal is received within the designated time
period, the Statewide database shall comply with the decision of
the secretary and advise the county agency to amend or expunge
the information in their records so that the records are
consistent at both the State and local levels.
* * *
§ 6344. Employees having contact with children; adoptive and
foster parents.
(a) Applicability.--Beginning December 31, 2014, this
section applies to the following individuals:
* * *
(8) An individual 18 years of age or older who resides
for at least 30 days in a calendar year in the following
homes which are subject to supervision or licensure by the
department under Articles IX and X of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code:
(i) A family living home.
(ii) A community home for individuals with an
intellectual disability.
(iii) A host home for children.
This paragraph does not include an individual with an
intellectual disability or chronic psychiatric disability
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receiving services in a home.
* * *
(d.3) Family living homes, community homes for individuals
with an intellectual disability and host homes.--
(1) The following shall apply to an individual over 18
years of age residing in a family living home, a community
home for individuals with an intellectual disability or a
host home for children, which are subject to supervision or
licensure by the department under Articles IX and X of the
[Public Welfare] Human Services Code:
(i) If an individual is arrested for or convicted of
an offense that would constitute grounds for denying
approval under this chapter, or is named as a perpetrator
in a founded or indicated report, the individual shall
provide the agency with written notice not later than 72
hours after the arrest, conviction or notification that
the individual was named as a perpetrator in the
Statewide database.
(ii) The adult family member who is providing
services to a child in the home shall be required to
report any other change in the household composition
within 30 days of the change for review by the agency. If
any individual over 18 years of age, who has resided
outside this Commonwealth at any time within the previous
five-year period, begins residing in the home, that
individual shall, within 30 days of beginning residence,
submit to the agency a certification obtained from the
Statewide database, or its equivalent in each state in
which the individual has resided within the previous
five-year period, as to whether the person is named as a
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perpetrator. If the certification shows that the person
is named as a perpetrator within the previous five-year
period, the agency shall forward the certification to the
department for review.
* * *
§ 6363. County plan for protective services.
The county agency shall include provisions for protective
services in its annual plan as required by the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code.
§ 6376. Appeals with respect to general protective services.
* * *
(d) Hearing.--If a hearing is requested, the secretary or
his designated agent shall schedule a hearing pursuant to
Article IV of the act of June 13, 1967 (P.L.31, No.21), known as
the [Public Welfare] Human Services Code, and applicable
department regulations. The burden of proof in the hearing shall
be on the county agency. The department shall assist the county
agency as necessary.
* * *
§ 6383. Education and training.
* * *
(b) Duties of Department of State.--
* * *
(4) A licensing board with jurisdiction over
professional licensees identified as mandated reporters under
this chapter may exempt an applicant or licensee from the
training or continuing education required by paragraph (3) if
all of the following apply:
(i) The applicant or licensee submits documentation
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acceptable to the licensing board that the person has
already completed child abuse recognition training.
(ii) The training was:
(A) required by section 1205.6 of the act of
March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, and the training program was
approved by the Department of Education in
consultation with the department; or
(B) required by the act of June 13, 1967
(P.L.31, No.21), known as the [Public Welfare] Human
Services Code, and the training program was approved
by the department.
(iii) The amount of training received equals or
exceeds the amount of training or continuing education
required by paragraph (3).
* * *
(c) Training of persons subject to department regulation.--
(1) The following persons shall be required to meet the
child abuse recognition and reporting training requirements
of this subsection:
(i) Operators of institutions, facilities or
agencies which care for children and are subject to
supervision by the department under Article IX of the
[Public Welfare] Human Services Code, and their employees
who have direct contact with children.
(ii) Foster parents.
(iii) Operators of facilities and agencies which
care for children and are subject to licensure by the
department under Article X of the [Public Welfare] Human
Services Code and their employees who have direct contact
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with children.
(iv) Caregivers in family child-care homes which are
subject to licensure by the department under Article X of
the [Public Welfare] Human Services Code and their
employees who have direct contact with children.
(v) The adult family member who is a person
responsible for the child's welfare and is providing
services to a child in a family living home, a community
home for individuals with an intellectual disability or a
host home which is subject to supervision or licensure by
the department under Articles IX and X of the [Public
Welfare] Human Services Code.
* * *
§ 6385. Reimbursement to county agencies.
The department shall certify in accordance with the needs-
based budgeting provisions of Article VII of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code, a level of funds sufficient to meet the cost of
services required by the provisions of this chapter which are
reasonable and allowable as defined in Article VII.
Section 23. The definition of "department" in section 6502
of Title 23 is amended to read:
§ 6502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
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Section 24. The definitions of "department" and "obligee" in
section 8101(b) of Title 23 are amended to read:
§ 8101. Short title of part and definitions.
* * *
(b) Definitions.--Subject to additional definitions
contained in subsequent provisions of this part which are
applicable to specific provisions of this part, the following
words and phrases when used in this part shall have the meanings
given to them in this section unless the context clearly
indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"Obligee." Any of the following:
(1) An individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered.
(2) A political subdivision to which the rights under a
duty of support or support order have been assigned or which
has independent claims based on financial assistance provided
to an individual obligee.
(3) An individual seeking a judgment determining
parentage of the individual's child.
(4) The Department of [Public Welfare] Human Services.
* * *
Section 25. Section 1201 of Title 25 is amended to read:
§ 1201. Departmental responsibilities.
The department shall do all of the following:
(1) Provide for applicants to submit their voter
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registration application to a commission, the Department of
Transportation and other agencies designated in section 1325
(relating to government agencies).
(2) Prescribe a procedure for the return of completed
voter registration applications from the Department of
Transportation, the Department of [Public Welfare] Human
Services, armed forces recruitment centers, Offices of the
Clerk of Orphan's Court and all other offices under this part
to the secretary or the appropriate commission.
(3) Develop, establish, implement and administer a
Statewide Uniform Registry of Electors in accordance with
Subchapter B (relating to Statewide Uniform Registry of
Electors (SURE)).
(4) Promulgate regulations necessary to administer this
part.
Section 26. Section 306(a) of Title 30 is amended to read:
§ 306. Boating Advisory Board.
(a) Composition.--There is hereby continued within the
commission a Boating Advisory Board. The board shall consist of
the Secretary of Environmental [Resources] Protection, or his
designee, the executive director of the commission and the
assistant executive director of the commission in charge of
watercraft safety, all of whom shall be ex officio members, and
five volunteer members to be appointed by the Governor for terms
of five years or, in the case of a vacancy, for the remainder of
the unexpired term.
* * *
Section 27. Section 723(3) of Title 34 is amended to read:
§ 723. Exchange or sale.
The commission may, by resolution adopted by a majority of
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the members present and voting at a public meeting:
* * *
(3) Sell lands to the Department of [Environmental]
Conservation and Natural Resources for State forests or to
the Federal Government for National Forests or National
Wildlife Refuges when in the best interests of game or
wildlife.
Section 28. The definition of "custodial child care
facility" in section 7102 of Title 35 is amended to read:
§ 7102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Custodial child care facility." A child day care center as
defined under section 1001 of the act of June 13, 1967 (P.L.31,
No.21), known as the [Public Welfare] Human Services Code, or
nursery school licensed or regulated by the Commonwealth.
* * *
Section 29. Sections 7312(a) and 7701(b) of Title 35 are
amended to read:
§ 7312. Organization.
This agency shall consist of and be organized substantially
as follows:
(a) Council.--Primary responsibility for overall policy and
direction of a Statewide civil defense and disaster program and
response capability of the type hereinafter prescribed shall be
vested in a body legally known as the Pennsylvania Emergency
Management Council, which shall be composed of: the Governor,
Lieutenant Governor, Adjutant General, Secretary of Health,
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Attorney General, General Counsel, Secretary of Community
[Affairs] and Economic Development, Secretary of Environmental
Protection, Secretary of Transportation, Secretary of
Agriculture, Secretary of [Public Welfare] Human Services,
Commissioner of the Pennsylvania State Police, Chairman of the
Public Utility Commission, State Fire Commissioner, Speaker of
the House of Representatives, President pro tempore of the
Senate, Minority Leader of the Senate and Minority Leader of the
House of Representatives. The Speaker of the House of
Representatives, President pro tempore of the Senate, Minority
Leader of the Senate and Minority Leader of the House of
Representatives may authorize a member of their respective
Houses of the General Assembly to serve in their stead. The
Governor may authorize up to two representatives of business and
industry, up to two representatives of labor, up to two public
members at large and one representative respectively of the
Pennsylvania State Association of County Commissioners, the
Pennsylvania State Association of Township Commissioners, the
Pennsylvania State Association of Township Supervisors, the
Pennsylvania League of Cities and the Pennsylvania State
Association of Boroughs to be nonvoting members of the council.
The Governor may designate a member to serve as chairman. Five
members shall constitute a quorum.
* * *
§ 7701. Duties concerning disaster prevention.
* * *
(b) Department of Environmental [Resources] Protection.--The
Department of Environmental [Resources] Protection, in
conjunction with the Pennsylvania Emergency Management Agency,
shall keep land uses and construction of structures and other
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facilities under continuing study and identify areas which are
particularly susceptible to severe land shifting, subsidence,
flood or other catastrophic occurrence. The studies under this
subsection shall concentrate on means of reducing or avoiding
the dangers caused by this occurrence or the consequences
thereof.
* * *
Section 30. Section 306(2) of Title 37 is amended to read:
§ 306. Publications and reproductions.
The commission shall have the power and duty to:
* * *
(2) Official repositories.--Establish one official
repository for its publications from among the qualified
historical or archaeological societies within each of the
geographic areas established and defined by the Department of
Community [Affairs] and Economic Development as "Standard
Regions." The Pennsylvania State Library and the Library of
Congress shall also be official repositories for commission
publications.
* * *
Section 31. Section 6121 of Title 40 is amended to read:
§ 6121. Eligible hospitals.
Any hospital plan corporation may enter into contracts for
the rendering of hospitalization to any of its subscribers only
with hospitals operated by the Commonwealth, or its agencies, or
by political subdivisions, or by corporations organized under
the laws of this Commonwealth for hospital purposes, or with
such other hospitals as are approved by the Department of
[Public Welfare] Human Services.
Section 32. Sections 2705(a), 3502(b), 3721(c)(2) and
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4521.1(a)(1) of Title 42 are amended to read:
§ 2705. Responsibility for reports to executive agencies.
(a) Community [Affairs] and Economic Development.--The
office of clerk of the court of common pleas shall certify to
the Department of Community [Affairs] and Economic Development a
copy of any order of court incorporating, merging, dissolving,
annexing any territory from or to, confirming the adoption,
amendment or repeal of any home rule charter or optional plan of
government, or otherwise affecting the corporate status of any
municipality.
* * *
§ 3502. Financial regulations.
* * *
(b) County staff.--The Department of Community [Affairs] and
Economic Development, with the approval of the governing
authority, may promulgate regulations relating to forms and
accounting methods to be utilized in connection with the
judicial and related accounts to be maintained pursuant to this
part, designating the county staff who shall establish and
maintain the judicial and related account of the political
subdivision, defining for accounting purposes terms not
otherwise defined, used in this part in connection with judicial
and related accounts, specifying the time and manner of making
remittances and disbursements of moneys under this part by
county staff and fixing bonding requirements of county staff
handling moneys which are subject to this part. As used in this
subsection the term "county staff" includes personnel, except
judicial officers, of the City of Pittsburgh.
* * *
§ 3721. County judicial center or courthouse.
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* * *
(c) Child-care facilities.--
* * *
(2) If a child-care facility is provided under paragraph
(1):
(i) The child-care facility shall be licensed and
operated pursuant to Articles IX and X of the act of June
13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code, and regulations of the Department of
[Public Welfare] Human Services.
(ii) In addition to any other court cost or filing
fee authorized to be collected by law, an additional fee
of $5 shall be charged and collected by the prothonotary,
clerk of orphans' court and register of wills of the
county or by any official designated to perform the
functions thereof for the initiation of any civil action
or legal proceeding.
(iii) In addition to any other court cost or filing
fee authorized to be collected by law, an additional fee
of $5 shall be charged and collected by the clerk of
courts of the county or by any official designated to
perform the functions thereof for the initiation of any
criminal proceeding for which a fee, charge or cost
authorized on the effective date of this subsection and
for which a conviction is obtained or guilty plea is
entered.
* * *
§ 4521.1. Statewide jury information system.
(a) General rule.--Notwithstanding any prohibition found in
any other law, regulation or rule to the contrary, the following
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departments shall submit to the Court Administrator of
Pennsylvania, in a format provided herein, a list of individuals
as designated for that department to be included in a Statewide
jury information system on or before October 31 of each year:
(1) The Department of [Public Welfare] Human Services -
every individual resident in this Commonwealth who receives
cash assistance or food stamps pursuant to a Federal or State
program through the department except as prohibited by
Federal law or regulation.
* * *
Section 33. The definition of "eligible legal services
provider" in section 4903 of Title 42 is amended to read:
§ 4903. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible legal services provider." A not-for-profit entity
incorporated in this Commonwealth, tax exempt under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
514, 26 U.S.C. § 501(c)(3)) or any successor provision, which
operates within this Commonwealth for the primary purpose of
providing civil legal services without charge and which operates
to provide such civil legal services to eligible clients and
victims of abuse under contract or subcontract with the
Department of [Public Welfare] Human Services for the
expenditure of funds appropriated by the General Assembly for
the provision of legal services.
* * *
Section 34. The definitions of "health care provider" and
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"hospital" in section 5101.1(c) of Title 42 are amended to read:
§ 5101.1. Venue in medical professional liability actions.
* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Health care provider." A primary health care center, a
personal care home licensed by the Department of [Public
Welfare] Human Services pursuant to the act of June 13, 1967
(P.L.31, No.21), known as the [Public Welfare] Human Services
Code, or a person, including a corporation, university or other
educational institution licensed or approved by the Commonwealth
to provide health care or professional medical services as a
physician, a certified nurse midwife, a podiatrist, hospital,
nursing home, birth center, and an officer, employee or agent of
any of them acting in the course and scope of employment.
"Hospital." An entity licensed as a hospital under the act
of June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code, or the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act.
* * *
Section 35. Sections 5552(b)(4), 62A05(c.1)(3) and (d)(5)
and 62A14(d)(5) of Title 42 are amended to read:
§ 5552. Other offenses.
* * *
(b) Major offenses.--A prosecution for any of the following
offenses must be commenced within five years after it is
committed:
* * *
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(4) Under the act of June 13, 1967 (P.L.31, No.21),
known as the [Public Welfare] Human Services Code.
* * *
§ 62A05. Commencement of proceedings.
* * *
(c.1) Surcharge on order.--When an order is granted under
section 62A06 (relating to hearings), a surcharge of $100 shall
be assessed against the defendant. All moneys received from
surcharges shall be distributed in the following order of
priority:
* * *
(3) Twenty-five dollars shall be forwarded to the
Department of [Public Welfare] Human Services for use for
victims of sexual assault in accordance with the provisions
of section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
* * *
(d) Service.--
* * *
(5) In the case of a minor victim of sexual violence, a
copy of the petition and order shall be served upon the
county agency and the Department of [Public Welfare] Human
Services. For purposes of this subparagraph, the term "county
agency" shall be as defined in 23 Pa.C.S. § 6303 (relating to
definitions).
* * *
§ 62A14. Contempt for violation of order.
* * *
(d) Trial and punishment.--
* * *
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(5) All moneys received under this section shall be
distributed in the following order of priority:
(i) One hundred dollars shall be forwarded to the
Commonwealth and shall be used by the Pennsylvania State
Police to establish and maintain the Statewide registry
of protection orders provided for in section 62A04(c)
(relating to responsibilities of law enforcement
agencies).
(ii) One hundred dollars shall be retained by the
county and shall be used to carry out the provisions of
this chapter as follows:
(A) Fifty dollars shall be used by the sheriff.
(B) Fifty dollars shall be used by the court.
(iii) One hundred dollars shall be forwarded to the
Department of [Public Welfare] Human Services for use for
victims of sexual assault in accordance with the
provisions of section 2333 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(iv) Any additional money shall be distributed in
the manner under subparagraph (i).
* * *
Section 36. The definition of "shelter care" in section 6302
of Title 42 is amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Shelter care." Temporary care of a child in physically
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unrestricted facilities. A facility approved by the Department
of [Public Welfare] Human Services to provide shelter care may
be located in the same building as a facility approved to
provide secure detention services provided that children
receiving shelter care services are segregated from the children
receiving secure detention services as required by the
department.
Section 37. Sections 6303(a)(4), 6306, 6308(a)(6), 6327(a),
(c.1)(1), (e) and (f), 6336.1(b)(3) introductory paragraph,
6352(a)(3) and (4) and 6353(c) of Title 42 are amended to read:
§ 6303. Scope of chapter.
(a) General rule.--This chapter shall apply exclusively to
the following:
* * *
(4) Proceedings under the Interstate Compact on
Juveniles, as set forth in section 731 of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code.
* * *
§ 6306. Costs and expenses of care of child.
The costs and expenses of the care of the child shall be paid
as provided by sections 704.1 and 704.2 of the act of June 13,
1967 (P.L.31, No.21), known as the ["Public Welfare Code."]
Human Services Code.
§ 6308. Law enforcement records.
(a) General rule.--Law enforcement records and files
concerning a child shall be kept separate from the records and
files of arrests of adults. Unless a charge of delinquency is
transferred for criminal prosecution under section 6355
(relating to transfer to criminal proceedings), the interest of
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national security requires, or the court otherwise orders in the
interest of the child, the records and files shall not be open
to public inspection or their contents disclosed to the public
except as provided in subsection (b); but inspection of the
records and files is permitted by:
* * *
(6) The Department of [Public Welfare] Human Services
for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
§ 6327. Place of detention.
(a) General rule.--A child alleged to be delinquent may be
detained only in:
(1) A licensed foster home or a home approved by the
court.
(2) A facility operated by a licensed child welfare
agency or one approved by the court.
(3) A detention home, camp, center or other facility for
delinquent children which is under the direction or
supervision of the court or other public authority or private
agency, and is approved by the Department of [Public Welfare]
Human Services.
(4) Any other suitable place or facility, designated or
operated by the court and approved by the Department of
[Public Welfare] Human Services.
Under no circumstances shall a child be detained in any facility
with adults, or where the child is apt to be abused by other
children.
* * *
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(c.1) Detention of child.--
(1) A child who is subject to criminal proceedings
having been charged with an act set forth under paragraph
(2)(i), (ii) or (iii) of the definition of "delinquent act"
in section 6302, who has not been released on bail and who
may seek or is seeking transfer to juvenile proceedings under
section 6322 (relating to transfer from criminal proceedings)
may be detained in a secure detention facility approved by
the Department of [Public Welfare] Human Services for the
detention of alleged and adjudicated delinquent children if
the attorney for the Commonwealth has consented to and the
court has ordered the detention.
* * *
(e) Detention of dependent child.--A child alleged to be
dependent may be detained or placed only in a Department of
[Public Welfare] Human Services approved shelter care facility
as stated in subsection (a)(1), (2) and (4), and shall not be
detained in a jail or other facility intended or used for the
detention of adults charged with criminal offenses, but may be
detained in the same shelter care facilities with alleged or
adjudicated delinquent children.
(f) Development of approved shelter care programs.--The
Department of [Public Welfare] Human Services shall develop or
assist in the development in each county of this Commonwealth
approved programs for the provision of shelter care for children
needing these services who have been taken into custody under
section 6324 (relating to taking into custody) and for children
referred to or under the jurisdiction of the court.
§ 6336.1. Notice and hearing.
* * *
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(b) Permanency hearings.--
* * *
(3) The Department of [Public Welfare] Human Services
shall develop a form for use by a foster parent or parents,
preadoptive parent or relative providing care for the child,
including, but not limited to, the following information:
* * *
§ 6352. Disposition of delinquent child.
(a) General rule.--If the child is found to be a delinquent
child the court may make any of the following orders of
disposition determined to be consistent with the protection of
the public interest and best suited to the child's treatment,
supervision, rehabilitation and welfare, which disposition
shall, as appropriate to the individual circumstances of the
child's case, provide balanced attention to the protection of
the community, the imposition of accountability for offenses
committed and the development of competencies to enable the
child to become a responsible and productive member of the
community:
* * *
(3) Committing the child to an institution, youth
development center, camp, or other facility for delinquent
children operated under the direction or supervision of the
court or other public authority and approved by the
Department of [Public Welfare] Human Services.
(4) If the child is 12 years of age or older, committing
the child to an institution operated by the Department of
[Public Welfare] Human Services.
* * *
§ 6353. Limitation on and change in place of commitment.
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* * *
(c) Notice of available facilities and services.--
Immediately after the Commonwealth adopts its budget, the
Department of [Public Welfare] Human Services shall notify the
courts and the General Assembly, for each Department of [Public
Welfare] Human Services region, of the available:
(1) Secure beds for the serious juvenile offenders.
(2) General residential beds for the adjudicated
delinquent child.
(3) The community-based programs for the adjudicated
delinquent child.
If the population at a particular institution or program exceeds
110% of capacity, the department shall notify the courts and the
General Assembly that intake to that institution or program is
temporarily closed and shall make available equivalent services
to children in equivalent facilities.
Section 38. The definition of "department" in section 6402
of Title 42 is amended to read:
§ 6402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 39. Sections 6403(b)(3), 6404.2(c) and 6406 heading
of Title 42 are amended to read:
§ 6403. Court-ordered involuntary treatment.
* * *
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(b) Procedures for initiating court-ordered involuntary
commitment.--
* * *
(3) The court shall set a date for the hearing which
shall be held within 30 days of the filing of the petition
pursuant to paragraph (1) and direct the person to appear for
the hearing. A copy of the petition and notice of the hearing
date shall be served on the person, the attorney who
represented the person at the most recent dispositional
review hearing pursuant to section 6358(e) and the county
solicitor or a designee. A copy of the petition, the
assessment and notice of the hearing date shall also be
provided to the director of the facility operated by the
department pursuant to section 6406(a) (relating to duty of
Department of [Public Welfare] Human Services). The person
and the attorney who represented the person shall, along with
copies of the petition, also be provided with written notice
advising that the person has the right to counsel and that,
if he cannot afford one, counsel shall be appointed for the
person.
* * *
§ 6404.2. Duration of outpatient commitment and review.
* * *
(c) Status reports.--An involuntary outpatient treatment
provider shall submit a report on the person's status and
clinical progress, on a form prescribed by the department, to
the facility operated by the department pursuant to section
6406(a) (relating to duty of Department of [Public Welfare]
Human Services), not less than every 30 days.
* * *
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§ 6406. Duty of Department of [Public Welfare] Human Services.
* * *
Section 40. Section 7502(a) of Title 51 is amended to read:
§ 7502. Retention of licenses and certifications of persons
entering military service.
(a) General rule.--Any person licensed or certified by the
Department of State, Department of Labor and Industry,
Department of Education, Insurance Department, Department of
Banking and Securities or the Municipal Police Officers'
Education and Training Commission or pursuant to the act of
October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons
Training Act, to practice any profession or to work at any trade
or occupation, who heretofore has or shall thereafter enlist or
be inducted or drafted into the military or naval service of the
United States in time of war or preparation for national defense
during a national emergency, shall not thereby forfeit his or
her current license or registration and shall be exempt from any
continuing educational requirements or in-service training
requirements.
* * *
Section 41. The definitions of "assisted living residence"
and "personal care home" in section 9503 of Title 51 are amended
to read:
§ 9503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Assisted living residence." As defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the [Public
Welfare] Human Services Code.
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* * *
"Personal care home." As defined in section 1001 of the act
of June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code.
* * *
Section 42. Section 9507 of Title 51 is amended to read:
§ 9507. Fee.
A person authorized under section 9505(a) (relating to third-
party drugs in long-term care facilities, assisted living
residences and personal care homes) to dispense a drug may
charge no more than the maximum dispensing fee authorized by the
Department of [Public Welfare] Human Services regulations under
the medical assistance program.
Section 43. The definition of "health center" in section
5602 of Title 53 is amended to read:
§ 5602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Health center." A facility which:
(1) is operated by a nonprofit corporation and:
(i) provides health care services to the public;
(ii) provides health care-related services or
assistance to one or more organizations in aid of the
provision of health care services to the public,
including, without limitation, such facilities as blood
banks, laboratories, research and testing facilities,
medical and administrative office buildings and ancillary
facilities;
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(iii) constitutes an integrated facility which
provides substantial health care services on a
nonsectarian basis and other reasonably related services,
including, without limitation, life care or continuing
care communities and nursing, personal care or assisted
living facilities for the elderly, handicapped or
disabled; or
(iv) provides educational and counseling services
regarding the prevention, diagnosis and treatment of
health care problems; and
(2) if required by law to be licensed to provide such
services by the Department of Health, the Department of
[Public Welfare] Human Services or the Insurance Department,
is so licensed or, in the case of a facility to be
constructed, renovated or expanded, is designed to comply
with applicable standards for such licensure.
* * *
Section 44. The definition of "common level ratio" in
section 8562 of Title 53 is amended to read:
§ 8562. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Common level ratio." The ratio of assessed value to market
value as determined by the State Tax Equalization Board under
[the act of June 27, 1947 (P.L.1046, No.447), referred to as the
State Tax Equalization Board Law.] Chapter 15 of the act of June
27, 1996 (P.L.403, No.58), known as the Community and Economic
Development Enhancement Act.
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* * *
Section 45. The definition of "common level ratio" in
section 8582 of Title 53 is amended to read:
§ 8582. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Common level ratio." The ratio of assessed value to current
market value used generally in the county as last determined by
the State Tax Equalization Board under [the act of June 27, 1947
(P.L.1046, No.447), referred to as the State Tax Equalization
Board Law.] Chapter 15 of the act of June 27, 1996 (P.L.403,
No.58), known as the Community and Economic Development
Enhancement Act .
* * *
Section 46. The definition of "common level ratio" in
section 8802 of Title 53 is amended to read:
§ 8802. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Common level ratio." The ratio of assessed value to current
market value used generally in the county and published by the
State Tax Equalization Board on or before July 1 of the year
prior to the tax year on appeal before the board under [the act
of June 27, 1947 (P.L.1046, No.447), referred to as the State
Tax Equalization Board Law.] Chapter 15 of the act of June 27,
1996 (P.L.403, No.58), known as the Community and Economic
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Development Enhancement Act .
* * *
Section 47. Section 8815(c)(2) of Title 53 is amended to
read:
§ 8815. Catastrophic loss.
* * *
(c) Definition.--As used in this section, the term
"catastrophic loss" means any loss due to mine subsidence, fire,
flood or other natural disaster which affects the physical state
of the real property and which exceeds 50% of the market value
of the real property prior to the loss. The term "catastrophic
loss" shall also mean any loss which exceeds 50% of the market
value of the real property prior to the loss incurred by
residential property owners who are not deemed responsible
parties under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or the Hazardous Sites
Cleanup Act and whose residential property is included or
proposed to be included as residential property on:
* * *
(2) the State priority list by the Department of
Environmental [Resources] Protection under the Hazardous
Sites Cleanup Act.
Section 48. Section 311(f)(3) and (6) of Title 54 are
amended to read:
§ 311. Registration.
* * *
(f) Required approvals.--The fictitious name shall not
contain:
* * *
(3) The words "bank," "banking," "banker" or "trust" or
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any other word implying that the entity is a bank, bank and
trust company, savings bank, private bank or trust company,
as defined in the act of November 30, 1965 (P.L.847, No.356),
known as the Banking Code of 1965, unless approved by the
Department of Banking and Securities.
* * *
(6) The words "credit union" or any other words implying
that the entity is a credit union as defined in 17 Pa.C.S. §
102 (relating to application of title), unless approved by
the Department of Banking and Securities.
* * *
Section 49. Section 1104(a) of Title 61 is amended to read:
§ 1104. State recording system for application of restraints to
pregnant prisoners or detainees.
(a) General rule.--A correctional institution as defined by
section 5905(e) (relating to healthy birth for incarcerated
women) shall report each restraint applied to a pregnant
prisoner or detainee. The report must be in writing and must
note the number of restraints. Individual, separate written
findings for each restraint must accompany the report. This
shall include reports from the following:
(1) A correctional institution that is not operated,
supervised or licensed by the Department of [Public Welfare]
Human Services pursuant to the act of June 13, 1967 (P.L.31,
No.21), known as the [Public Welfare] Human Services Code,
shall make the report to the secretary.
(2) A correctional institution that is operated,
supervised or licensed by the Department of [Public Welfare]
Human Services pursuant to the [Public Welfare] Human
Services Code shall make the report to the Secretary of
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[Public Welfare] Human Services.
* * *
Section 50. The definition of "correctional facility" in
section 1172 of Title 61 is amended to read:
§ 1172. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Correctional facility." A correctional institution, group
home, community corrections center, parole center or any
facility that houses a person convicted of a criminal offense,
or awaiting trial, sentencing or extradition in a criminal
proceeding. The term does not include any facility or
institution operated, supervised or licensed under the act of
June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code.
* * *
Section 51. Sections 5905(d) and 7103 of Title 61 are
amended to read:
§ 5905. Healthy birth for incarcerated women.
* * *
(d) Annual report.--No later than August 1 of each year, the
secretary and the Secretary of [Public Welfare] Human Services
shall each submit to the Governor's Office a written report
containing information regarding the use of restraints on any
pregnant prisoner or detainee during the preceding fiscal year
specifically identifying and enumerating the circumstances that
led to the determination that the prisoner or detainee fell
under the exception in subsection (b)(2). The secretary shall
report on pregnant prisoners or detainees in the custody of
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correctional institutions operated, supervised or licensed by
the department. The Secretary of [Public Welfare] Human Services
shall report on pregnant prisoners or detainees in the custody
of correctional institutions operated, supervised or licensed by
the Department of [Public Welfare] Human Services pursuant to
the act of June 13, 1967 (P.L.31, No.21), known as the [Public
Welfare] Human Services Code. The reports shall not contain any
identifying information of any prisoner or detainee. The reports
shall be posted on the Governor's Internet website and shall be
made available for public inspection at the offices of the
department and the Department of [Public Welfare] Human
Services, respectively.
* * *
§ 7103. Powers.
The secretary or his designee is hereby authorized and
directed to do all things necessary or incidental to the
carrying out of the compact in every particular except that no
contract for the confinement of inmates in the institutions of
this State shall be entered into unless the secretary has first
determined that the inmates are acceptable, notwithstanding the
provisions of Article IX-B of the act of April 9, 1929 (P.L.177,
No.175), known as the Administrative Code of 1929. The
secretary or his designee shall not enter into a contract
pursuant to Article III of the compact relating to inmates who
are mentally ill or mentally retarded without consultation with
the Secretary of [Public Welfare] Human Services.
Section 52. Section 102(e) of Title 62 is amended to read:
§ 102. Application of part.
* * *
(e) Application to medical assistance provider agreements
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and participating provider agreements.--Nothing in this part
shall apply to medical assistance provider agreements
administered by the Department of [Public Welfare] Human
Services or to participating provider agreements entered into by
the Department of Health.
* * *
Section 53. The definition of "medical assistance provider
agreement" in section 103 of Title 62 is amended to read:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Medical assistance provider agreement." A written agreement
by a licensed or qualified provider of medically related
services to participate in the medical assistance program
administered by the Department of [Public Welfare] Human
Services.
* * *
Section 54. Sections 520(c) and 1724(c) of Title 62 are
amended to read:
§ 520. Supplies manufactured and services performed by persons
with disabilities.
* * *
(c) Distribution.--At the request of the department, the
Department of [Public Welfare] Human Services or a nonprofit
agency with the approval of the Department of [Public Welfare]
Human Services shall facilitate the distribution of orders for
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supplies manufactured by or services performed by persons with
disabilities among agencies for persons with disabilities.
* * *
§ 1724. Jurisdiction.
* * *
(c) Limitations.--The board shall have no power and exercise
no jurisdiction over a claim asserted under subsection (a)(1)
unless it is filed with the board in accordance with section
1712.1. The board shall have no power and exercise no
jurisdiction over a claim asserted against a Commonwealth agency
under subsection (a)(2) or (3) unless the claim was filed with
the board within six months after it accrued. The board shall
have no power and exercise no jurisdiction over claims for
payment or damages to providers of medical assistance services
arising out of the operation of the medical assistance program
established by the act of June 13, 1967 (P.L.31, No.21), known
as the [Public Welfare] Human Services Code.
* * *
Section 55. Section 1512(a) of Title 64 is amended to read:
§ 1512. Board.
(a) Composition.--The board shall be composed of the
following members:
(1) The Secretary of Community and Economic Development
or a designee.
(2) The Secretary of the Budget or a designee.
(3) The Secretary of Banking and Securities or a
designee.
(4) Four legislative appointees.
(i) Appointments are as follows:
(A) One individual appointed by the President
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pro tempore of the Senate.
(B) One individual appointed by the Minority
Leader of the Senate.
(C) One individual appointed by the Speaker of
the House of Representatives.
(D) One individual appointed by the Minority
Leader of the House of Representatives.
(ii) Legislative appointees shall serve at the
pleasure of the appointing authority.
(iii) An individual appointed to the board pursuant
to subparagraph (i) may not be a member of the General
Assembly or staff of a member of the General Assembly.
* * *
Section 56. Sections 318(b) and (c), 514(c), 517(b), 518(c),
519(c), 521(f), 529(a)(2), (c)(5), (h), (j), (k)(3) and (l)(3)
and (4), 1308(d), 1327(a)(3)(i) and (d) and 1358(e)(3) of Title
66 are amended to read:
§ 318. Commission to cooperate with other departments.
* * *
(b) Purity of water supply.--The commission may certify to
the Department of Environmental [Resources] Protection any
question of fact regarding the purity of water supplied to the
public by any public utility over which it has jurisdiction,
when any such question arises in any controversy or other
proceeding before it, and upon the determination of such
question by the department incorporate the department's findings
in its decision.
(c) Powers of certain governmental agencies unaffected.--
Nothing in this part shall be construed to deprive the
Department of Health or the Department of Environmental
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[Resources] Protection of any jurisdiction, powers or duties now
vested in them.
§ 514. Use of coal.
* * *
(c) Cost of upgrading.--Notwithstanding section 1315
(relating to limitation on consideration of certain costs for
electric utilities) and subject to regulations promulgated by
the commission, the commission may allow a portion of the
prudently incurred costs, determined on a per megawatt basis and
not to exceed 50% of the unit's undepreciated original cost per
megawatt, of uprating the capability of an existing coal-fueled
plant to use coal mined in Pennsylvania to be made a part of the
rate base or otherwise included in the rates charged by the
utility before such uprating is completed. This subsection shall
not apply unless, upon application of the affected public
utility, the commission determines that the uprating would be
more cost effective for the utility's ratepayers than other
alternatives for meeting the utility's load and capacity
requirements. Notwithstanding section 1309 (relating to rates
fixed on complaint; investigation of costs of production), the
commission, by regulation, shall provide for a utility to remove
the costs of an uprating from its rate base and to refund any
revenues collected as the result of this subsection, plus
interest, which shall be the average rate of interest specified
for residential mortgage lending by the Secretary of Banking and
Securities in accordance with the act of January 30, 1974
(P.L.13, No.6), referred to as the Loan Interest and Protection
Law, during the period or periods for which the commission
orders refunds, if the commission, after notice and hearings,
determines that the uprating has not been completed within a
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reasonable time.
§ 517. Conversion of electric generating units fueled by oil or
natural gas.
* * *
(b) Environmental questions.--The commission may certify, to
the Department of Environmental [Resources] Protection, any
question regarding the applicability of environmental laws and
regulations, when the question arises in a proceeding under this
section, and may incorporate the department's findings in its
decision.
* * *
§ 518. Construction of electric generating units fueled by
nuclear energy.
* * *
(c) Environmental questions.--The commission may certify, to
the Department of Environmental [Resources] Protection, any
question regarding the applicability of environmental laws and
regulations, when the question arises in a proceeding under this
section, and may incorporate the department's findings in its
decision.
* * *
§ 519. Construction of electric generating units fueled by oil
or natural gas.
* * *
(c) Environmental questions.--The commission may certify, to
the Department of Environmental [Resources] Protection, any
question regarding the applicability of environmental laws and
regulations, when the question arises in a proceeding under this
section, and may incorporate the department's findings in its
decision.
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* * *
§ 521. Retirement of electric generating units.
* * *
(f) Construction costs.--Notwithstanding section 1315
(relating to limitation on consideration of certain costs for
electric utilities) and subject to regulations promulgated by
the commission, the commission may allow a portion of the
prudently incurred costs of capital additions, determined on a
per megawatt basis and not to exceed 50% of the unit's
undepreciated original cost per megawatt, to an electric
generating unit to be made a part of the rate base or otherwise
included in the rates charged by the utility before such capital
additions are completed if the commission, acting pursuant to
subsection (a) or (b), prohibits the utility from retiring the
unit or orders the utility to return the unit to normal
operation, provided that:
(1) the capital additions would allow the continued or
increased use of coal mined in Pennsylvania; and
(2) the capital additions would be more cost effective
for the utility's ratepayers than other alternatives for
meeting the utility's load and capacity requirements.
Notwithstanding section 1309 (relating to rates fixed on
complaint; investigation of costs of production), the
commission, by regulation, shall provide for a utility to remove
the costs of capital additions from its rate base and to refund
any revenues collected as the result of this subsection, plus
interest, which shall be the average rate of interest specified
for residential mortgage lending by the Secretary of Banking and
Securities in accordance with the act of January 30, 1974
(P.L.13, No.6), referred to as the Loan Interest and Protection
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Law, during the period or periods for which the commission
orders refunds, if the commission, after notice and hearing,
determines that the capital addition has not been completed
within a reasonable time.
* * *
§ 529. Power of commission to order acquisition of small water
and sewer utilities.
(a) General rule.--The commission may order a capable public
utility to acquire a small water or sewer utility if the
commission, after notice and an opportunity to be heard,
determines:
* * *
(2) that the small water or sewer utility has failed to
comply, within a reasonable period of time, with any order of
the Department of Environmental [Resources] Protection or the
commission concerning the safety, adequacy, efficiency or
reasonableness of service, including, but not limited to, the
availability of water, the potability of water, the
palatability of water or the provision of water at adequate
volume and pressure;
* * *
(c) Factors to be considered.--In making a determination
pursuant to subsection (a), the commission shall consider:
* * *
(5) The opinion and advice, if any, of the Department of
Environmental [Resources] Protection as to what steps may be
necessary to assure compliance with applicable statutory or
regulatory standards concerning the adequacy, efficiency,
safety or reasonableness of utility service.
* * *
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(h) Notice.--The notice required by subsection (a) or any
other provision of this section shall be served upon the small
water or sewer utility affected, the Office of Consumer
Advocate, the Office of Small Business Advocate, the Office of
Trial Staff, the Department of Environmental [Resources]
Protection, all proximate public utilities providing the same
type of service as the small water or sewer utility, all
proximate municipalities and municipal authorities providing the
same type of service as the small water or sewer utility and the
municipalities served by the small water or sewer utility. The
commission shall order the affected small water or sewer utility
to provide notice to its customers of the initiation of
proceedings under this section in the same manner in which the
utility is required to notify its customers of proposed general
rate increases.
* * *
(j) Plan for improvements.--Any capable public utility
ordered by the commission to acquire a small water or sewer
utility shall, prior to acquisition, submit to the commission
for approval a plan, including a timetable, for bringing the
small water or sewer utility into compliance with applicable
statutory and regulatory standards. The capable public utility
shall also provide a copy of the plan to the Department of
Environmental [Resources] Protection and such other State or
local agency as the commission may direct. The commission shall
give the Department of Environmental [Resources] Protection
adequate opportunity to comment on the plan and shall consider
any comments submitted by the department in deciding whether or
not to approve the plan. The reasonably and prudently incurred
costs of each improvement shall be recoverable in rates only
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after that improvement becomes used and useful in the public
service.
(k) Limitations on liability.--Upon approval by the
commission of a plan for improvements submitted pursuant to
subsection (j) and the acquisition of a small water or sewer
utility by a capable public utility, the acquiring capable
public utility shall not be liable for any damages beyond the
aggregate amount of $50,000, including a maximum amount of
$5,000 per incident, if the cause of those damages is
proximately related to identified violations of applicable
statutes or regulations by the small water or sewer utility.
This subsection shall not apply:
* * *
(3) if, within 60 days of having received notice of the
proposed plan for improvements, the Department of
Environmental [Resources] Protection submitted written
objections to the commission and those objections have not
subsequently been withdrawn.
(l) Limitations on enforcement actions.--Upon approval by
the commission of a plan for improvements submitted pursuant to
subsection (j) and the acquisition of a small water or sewer
utility by a capable public utility, the acquiring capable
public utility shall not be subject to any enforcement actions
by State or local agencies which had notice of the plan if the
basis of such enforcement action is proximately related to
identified violations of applicable statutes or regulations by
the small water or sewer utility. This subsection shall not
apply:
* * *
(3) if, within 60 days of having received notice of the
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proposed plan for improvements, the Department of
Environmental [Resources] Protection submitted written
objections to the commission and those objections have not
subsequently been withdrawn; or
(4) to emergency interim actions of the commission or
the Department of Environmental [Resources] Protection,
including, but not limited to, the ordering of boil-water
advisories or other water supply warnings, of emergency
treatment or of temporary, alternate supplies of water.
* * *
§ 1308. Voluntary changes in rates.
* * *
(d) General rate increases.--Whenever there is filed with
the commission by any public utility described in paragraph (1)
(i), (ii), (vi) or (vii) of the definition of "public utility"
in section 102 (relating to definitions), and such other public
utility as the commission may by rule or regulation direct, any
tariff stating a new rate which constitutes a general rate
increase, the commission shall promptly enter into an
investigation and analysis of said tariff filing and may by
order setting forth its reasons therefor, upon complaint or upon
its own motion, upon reasonable notice, enter upon a hearing
concerning the lawfulness of such rate, and the commission may,
at any time by vote of a majority of the members of the
commission serving in accordance with law, permit such tariff to
become effective, except that absent such order such tariff
shall be suspended for a period not to exceed seven months from
the time such rate would otherwise become effective. Before the
expiration of such seven-month period, a majority of the members
of the commission serving in accordance with law, acting
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unanimously, shall make a final decision and order, setting
forth its reasons therefor, granting or denying, in whole or in
part, the general rate increase requested. If, however, such an
order has not been made at the expiration of such seven-month
period, the proposed general rate increase shall go into effect
at the end of such period, but the commission may by order
require the interested public utility to refund, in accordance
with section 1312 (relating to refunds), to the persons in whose
behalf such amounts were paid, such portion of such increased
rates as by its decision shall be found not justified, plus
interest, which shall be the average rate of interest specified
for residential mortgage lending by the Secretary of Banking and
Securities in accordance with the act of January 30, 1974
(P.L.13, No.6), referred to as the Loan Interest and Protection
Law, during the period or periods for which the commission
orders refunds. The rate in force when the tariff stating such
new rate was filed shall continue in force during the period of
suspension unless the commission shall grant extraordinary rate
relief as prescribed in subsection (e). The commission shall
consider the effect of such suspension in finally determining
and prescribing the rates to be thereafter charged and collected
by such public utility, except that the commission shall have no
authority to prescribe, determine or fix, at any time during the
pendency of a general rate increase proceeding or prior to a
final determination of a general rate increase request,
temporary rates as provided in section 1310, which rates may
provide retroactive increases through recoupment. As used in
this part general rate increase means a tariff filing which
affects more than 5% of the customers and amounts to in excess
of 3% of the total gross annual intrastate operating revenues of
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the public utility. If the public utility furnishes two or more
types of service, the foregoing percentages shall be determined
only on the basis of the customers receiving, and the revenues
derived from, the type of service to which the tariff filing
pertains.
* * *
§ 1327. Acquisition of water and sewer utilities.
(a) Acquisition cost greater than depreciated original
cost.--If a public utility acquires property from another public
utility, a municipal corporation or a person at a cost which is
in excess of the original cost of the property when first
devoted to the public service less the applicable accrued
depreciation, it shall be a rebuttable presumption that the
excess is reasonable and that excess shall be included in the
rate base of the acquiring public utility, provided that the
acquiring public utility proves that:
* * *
(3) the public utility, municipal corporation or person
from which the property was acquired was not, at the time of
acquisition, furnishing and maintaining adequate, efficient,
safe and reasonable service and facilities, evidence of which
shall include, but not be limited to, any one or more of the
following:
(i) violation of statutory or regulatory
requirements of the Department of Environmental
[Resources] Protection or the commission concerning the
safety, adequacy, efficiency or reasonableness of service
and facilities;
* * *
(d) Forfeiture.--Notwithstanding section 1309 (relating to
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rates fixed on complaint; investigation of costs of production),
the commission, by regulation, shall provide for the removal of
the excess costs of acquisition from its rates, or any portion
thereof, found by the commission to be unreasonable and to
refund any excess revenues collected as a result of this
section, plus interest, which shall be the average rate of
interest specified for residential mortgage lending by the
Secretary of Banking and Securities in accordance with the act
of January 30, 1974 (P.L.13, No.6), referred to as the Loan
Interest and Protection Law, during the period or periods for
which the commission orders refunds, if the commission, after
notice and hearings, determines that the reasonable and prudent
investments to be made in accordance with this section have not
been completed within a reasonable time.
* * *
§ 1358. Customer protections.
* * *
(e) Audit and reconciliation.--The following shall apply:
* * *
(3) If revenues received from the distribution system
improvement charge exceed eligible costs, the over
collections shall be refunded with interest. Interest on the
over collections shall be calculated at the residential
mortgage lending rate specified by the Secretary of Banking
and Securities in accordance with the act of January 30, 1974
(P.L.13, No.6), referred to as the Loan Interest and
Protection Law, and shall be refunded in the same manner as
an over collection.
* * *
Section 57. The definition of "LIHEAP" or "Low Income Home
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Energy Assistance Program" in section 1403 of Title 66 is
amended to read:
§ 1403. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"LIHEAP" or "Low Income Home Energy Assistance Program." A
federally funded program that provides financial assistance in
the form of cash and crisis grants to low-income households for
home energy bills and is administered by the Department of
[Public Welfare] Human Services.
* * *
Section 58. Sections 1406(g), 1413, 2709(a) and (b)(2),
3019(f)(5) and 3105 of Title 66 are amended to read:
§ 1406. Termination of utility service.
* * *
(g) Qualification for LIHEAP.--A notice of termination to a
customer of a public utility shall be sufficient proof of a
crisis for a customer with the requisite income level to receive
a LIHEAP Crisis Grant from the Department of [Public Welfare]
Human Services or its designee as soon as practicable after the
date of the notice. Termination of service is not necessary to
demonstrate sufficient proof of crisis.
* * *
§ 1413. Reporting of recipients of public assistance.
The Department of [Public Welfare] Human Services shall
annually provide a city natural gas distribution operation with
the listing of recipients of public assistance in a city of the
first class. A city natural gas distribution operation shall not
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use the listing for anything but qualification and continued
eligibility for a customer assistance program or LIHEAP.
§ 2709. Disposition of real property by public utility engaged
in railroad business.
(a) Notice.--Before a public utility engaged in a railroad
business disposes of real property previously used as a roadbed
right-of-way, it must notify the county, city, borough,
incorporated town or township in which the real property is
located, and it must notify the Department of Transportation,
the Pennsylvania Game Commission, the Pennsylvania Fish and Boat
Commission and the Department of [Environmental] Conservation
and Natural Resources. Notifications shall be in writing.
(b) Procedure after notice.--
* * *
(2) If a municipality or any authority created by a
municipality or group of municipalities does not make an
offer to purchase the real property within 60 days of
receiving notice under subsection (a) or if the public
utility rejects the offer of a municipality, the
administrative agencies specified in subsection (a) have 60
days to decide on making an offer for the real property. If
an administrative agency makes an offer under this paragraph,
the public utility shall consider the offer and make a
decision on the offer before making other disposition of the
property. If more than one administrative agency makes an
offer, the public utility shall consider the offers in the
following order: the Department of Transportation, the
Department of [Environmental] Conservation and Natural
Resources, the Pennsylvania Game Commission and the
Pennsylvania Fish and Boat Commission.
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* * *
§ 3019. Additional powers and duties.
* * *
(f) Lifeline service.--
* * *
(5) When a person enrolls in a low-income program
administered by the Department of [Public Welfare] Human
Services that qualifies the person for Lifeline service, the
Department of [Public Welfare] Human Services shall
automatically notify that person at the time of enrollment of
his or her eligibility for Lifeline service. This
notification also shall provide information about Lifeline
service, including a telephone number of and Lifeline
subscription form for the person's current eligible
telecommunications carrier or, if the person does not have
telephone service, telephone numbers of eligible
telecommunications carriers serving the person's area that
the person can call to obtain Lifeline service. Eligible
telecommunications carriers shall provide the Department of
[Public Welfare] Human Services with Lifeline service
descriptions and subscription forms, contact telephone
numbers and a listing of the geographic area or areas they
serve, for use by the Department of [Public Welfare] Human
Services in providing the notifications required by this
paragraph.
* * *
§ 3105. Reports to Department of Community [Affairs] and
Economic Development.
Each municipality and private corporation operating a foreign
trade zone within the limits of this Commonwealth shall file a
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copy of every report which it shall make, or be required to
make, under the act of Congress with the Department of Community
[Affairs] and Economic Development.
Section 59. Section 3402(a)(26) last paragraph of Title 68
is amended to read:
§ 3402. Public offering statement; general provisions.
(a) General rule.--Except as provided in subsection (b), a
public offering statement must contain or fully and accurately
disclose:
* * *
If the declarant has no knowledge of such matters, the
declarant shall make a statement to that effect. Declarant
shall also set forth the address and phone number of the
regional offices of the Department of Environmental
[Resources] Protection and the United States Environmental
Protection Agency where information concerning environmental
conditions affecting the condominium site may be obtained.
* * *
Section 60. The definitions of "correction officer" and
"psychiatric security aide" in section 5102 of Title 71 are
amended to read:
§ 5102. Definitions.
The following words and phrases as used in this part, unless
a different meaning is plainly required by the context, shall
have the following meanings:
* * *
"Correction officer." Any full-time employee assigned to the
Department of Corrections or the Department of [Public Welfare]
Human Services whose principal duty is the care, custody and
control of inmates or direct therapeutic treatment, care,
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custody and control of inmates of a penal or correctional
institution, community treatment center, forensic unit in a
State hospital or secure unit of a youth development center
operated by the Department of Corrections or by the Department
of [Public Welfare] Human Services.
* * *
"Psychiatric security aide." Any employee whose principal
duty is the care, custody and control of the criminally insane
inmates of a maximum security institution for the criminally
insane or detention facility operated by the Department of
[Public Welfare] Human Services.
* * *
Section 61. Sections 1516(d)(5) and (f)(2) and 5905 of Title
74 are amended to read:
§ 1516. Programs of Statewide significance.
* * *
(d) Community transportation.--
* * *
(5) The department shall conduct a study to evaluate the
effectiveness and efficiency of community transportation
service delivery as it relates to human service programs. The
Department of [Public Welfare] Human Services, the Office of
the Budget and the Department of Aging and other appropriate
Commonwealth agencies identified by the department shall
participate in the study. Within two years following the
effective date of this section, these agencies shall make
recommendations to the Governor and the Majority and Minority
chairpersons of the Transportation Committee of the Senate
and the Majority and Minority chairpersons of the
Transportation Committee of the House of Representatives for
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improving coordination and efficiency of human services and
community transportation.
* * *
(f) Shared Ride Community Transportation Service Delivery
Pilot Program.--
* * *
(2) The department shall establish an advisory committee
to provide guidance and input for pilot planning, start-up,
operations, data collection and post pilot evaluation. The
committee shall be comprised of the following:
(i) A member appointed by the President pro tempore
of the Senate.
(ii) A member appointed by the Minority Leader of
the Senate.
(iii) A member appointed by the Speaker of the House
of Representatives.
(iv) A member appointed by the Minority Leader of
the House of Representatives.
(v) Two members from the Pennsylvania Public Transit
Association appointed by the secretary.
(vi) A member appointed by the secretary to
represent people with disabilities.
(vii) A member appointed by the Secretary of Aging
to represent senior citizens.
(viii) A member appointed by the Secretary of
[Public Welfare] Human Services to represent people using
medical assistance transportation.
(ix) A member of the County Commissioners
Association appointed by the secretary.
(x) The secretary or a designee.
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(xi) The Secretary of Aging or a designee.
(xii) The Secretary of the Budget or a designee.
(xiii) The Secretary of [Public Welfare] Human
Services or a designee.
* * *
§ 5905. Certain State-owned airport.
Notwithstanding any other provision of law to the contrary,
all right, title and interest in the property known as Mid-State
Airport located in Centre County, containing 496.68 acres, more
or less, including the present access road from L.R.504 to and
into Mid-State Airport, shall be transferred to and held within
the jurisdiction and control of the Department of General
Services for all purposes, and the Department of General
Services shall have the same powers and duties with respect to
Mid-State Airport as it has with respect to other real estate
under its jurisdiction, with the exception that the facilities
currently owned, used and operated at Mid-State Airport by the
Department of [Environmental] Conservation and Natural Resources
for wild fire attack operations and full access thereto by land
and by air shall remain, without charge of any kind, in the
Department of [Environmental] Conservation and Natural
Resources, it being intended that nothing herein shall diminish
the ability of the Department of [Environmental] Conservation
and Natural Resources to continue its wild fire air attack
operations as conducted at and out of Mid-State Airport prior to
the effective date hereof. Because this involves a transfer of
State forest and State park lands, no future use of Mid-State
Airport shall impair in any way the integrity of the adjacent
State forest and State park lands and their ecosystems. If at
any time the jurisdiction and control of the land herein
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transferred entails significant maintenance and operation
responsibilities for the Department of General Services, then
and thereafter the jurisdiction and control of the land shall be
transferred to the Department of Transportation.
Section 62. Sections 1111(b.1), 1337(c)(4), 1905(b)(2), (3)
and (4), 3354(g)(2) and 8307(a) of Title 75 are amended to read:
§ 1111. Transfer of ownership of vehicle.
* * *
(b.1) Transfers relating to the RESET program.--A motor
vehicle transferred to the Commonwealth or a political
subdivision for use in the RESET program administered under
section 405.1 of the act of June 13, 1967 (P.L.31, No.21), known
as the [Public Welfare] Human Services Code, shall not be
subject to sales or use tax under Article II of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971,
upon the removal of the vehicle from inventory by any:
(1) motor vehicle dealer, importer or wholesaler; or
(2) "broker," "dealer" or "distributor," as defined in
section 2 of the act of December 22, 1983 (P.L.306, No.84),
known as the Board of Vehicles Act.
* * *
§ 1337. Use of "Miscellaneous Motor Vehicle Business"
registration plates.
* * *
(c) Classes of "Miscellaneous Motor Vehicle Business".--
* * *
(4) Financier or collector-repossessor.--Any person who
is duly authorized by the Department of Banking and
Securities to do business in this Commonwealth as a financier
or collector-repossessor and who is regularly engaged in the
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business of financing sales, making loans on the security of
vehicles or repossessing vehicles which are the subject of
installment sales contracts as an independent contractor.
* * *
§ 1905. Payments to special funds.
* * *
(b) Zoological Enhancement Fund.--Fifteen dollars of each
fee received under section 1355 (relating to zoological plate)
shall be credited to the Zoological Enhancement Fund, created as
follows:
* * *
(2) All moneys in the Zoological Enhancement Fund are
hereby annually appropriated to the Department of [Commerce]
Community and Economic Development and may be expended for
the purposes authorized under this subsection.
(3) Estimates of amounts to be expended under this
subsection shall be submitted to the Governor by the
Department of [Commerce] Community and Economic Development
for his approval.
(4) The State Treasurer shall not honor any requisition
for expenditures by the Department of [Commerce] Community
and Economic Development in excess of estimates approved by
the Governor or in excess of the amount available for the
purposes for which the requisition was made, whichever is the
lesser amount.
* * *
§ 3354. Additional parking regulations.
* * *
(g) Special penalty; disposition.--
* * *
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(2) All fines collected under this subsection shall be
disposed of as follows:
(i) Ninety-five percent shall be paid to the
Department of Revenue, transmitted to the Treasury
Department and credited to the Department of [Public
Welfare] Human Services for use for the Attendant Care
Program.
(ii) Five percent shall be paid to the municipality
in which the offense occurred.
* * *
§ 8307. Hazardous Materials Transportation Advisory Committee.
(a) Membership.--There shall be a Hazardous Materials
Transportation Advisory Committee appointed by the secretary.
The committee shall be composed of an authorized representative
from the Department of Transportation, who shall chair the
committee, the Office of Attorney General, the Department of
Health, the Department of Environmental [Resources] Protection,
the Pennsylvania State Police, the Pennsylvania Emergency
Management Agency and the Pennsylvania Public Utility Commission
and representatives of the hazardous materials industry and the
public as follows:
(1) A manufacturer or shipper.
(2) A consignee or user.
(3) A common carrier.
(4) A private carrier.
(5) A representative of the fire services.
(6) A representative of the emergency medical services.
(7) A representative with highway safety experience.
(8) A member from the general public.
(9) Others deemed appropriate by the secretary.
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* * *
Section 63. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of 34
Pa.C.S. § 723(3).
(2) Section 302(h) of the act of June 28, 1995 (P.L.89,
No.18), known as the Conservation and Natural Resources Act,
is repealed to the extent the subsection applies to the
transfer of duties from the Department of Environmental
Resources under 34 Pa.C.S. § 723 to the Department of
Conservation and Natural Resources.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the amendment of 66
Pa.C.S. § 2709(a) and (b)(2).
(4) Section 304(c) of the Conservation and Natural
Resources Act is repealed to the extent the subsection
applies to the transfer of duties from the Department of
Environmental Resources to the Department of Conservation and
Natural Resources under the act of November 29, 1990
(P.L.600, No.151), entitled "An act amending Title 66 (Public
Utilities) of the Pennsylvania Consolidated Statutes,
providing an opportunity for municipalities to purchase real
property being disposed of by public utilities engaged in a
railroad business."
(5) The General Assembly declares that the repeal under
paragraph (6) is necessary to effectuate the amendment of 74
Pa.C.S. § 5905.
(6) Section 302(h) of the Conservation and Natural
Resources Act is repealed to the extent the subsection
applies to the transfer of duties from the Department of
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Environmental Resources under 74 Pa.C.S. § 5905 to the
Department of Conservation and Natural Resources.
Section 64. This act shall take effect in 60 days.
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