Trial Engrossment of Amendment A02953 to House Bill 1792 P.N. 2034, Regular Session 2021-2022

A02953

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 1 (General Provisions), 2 (Administrative Law

and Procedure), 3 (Agriculture), 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:

Section 1. Sections 501(a) and (c), 905 and 1105(a) of Title

1 of the Pennsylvania Consolidated Statutes are amended to read:

§ 501. Publication and distribution.

(a) General rule.--The Legislative Reference Bureau may

compile, edit, publish, print, supplement and revise or contract

directly or through the Legislative Printing Clerk for the

compilation, editing, publishing, printing, supplementation or

revision of an official publication of the Pennsylvania

Consolidated Statutes and amendments thereto. It shall be the

duty of the Department of [Property and Supplies] General

Services, upon request of the bureau, to arrange for the prompt

distribution of the official publication and the supplements

thereto and revisions thereof in accordance with the provisions

of this chapter. This publication shall be in addition to the

publication of advance copies of statutes and the Laws of

Pennsylvania except that the bureau, when authorized by

concurrent resolution of the General Assembly, may reduce the

number of such statutes and laws published and printed and

provide for the manner of their distribution and a fee to be

charged for certain distributions.

* * *

documents published by authority of this chapter shall be made

to the Department of [Property and Supplies] General Services

which shall pay the same into the State Treasury to the credit

of the General Fund. Such moneys are hereby appropriated from

the General Fund to the Legislative Reference Bureau to carry

out the provisions of this chapter.

§ 905. Section headings.

The Director of the Legislative Reference Bureau, with the

approval of the [Department of Justice] Attorney General, shall

prepare and promulgate an appropriate heading for any section of

the Constitution of Pennsylvania which was heretofore or may

hereafter be adopted without a section heading. Any section

A02953 - 2 -

heading promulgated pursuant to this section shall be published

in the next available volume of the Laws of Pennsylvania.

§ 1105. Editing statutes for printing.

(a) Correction of errors.--Where any statute shall have been

finally enacted and it shall be ascertained that such statute is

technically defective in form, or contains misspelled words or

typographical errors, or the plural or singular number, or the

past, present or future tense appears where another should be

used, or where a word clearly intended to be inserted has been

omitted, or where a word clearly should have been omitted, or

where a word is correctly spelled but it clearly appears that

another word was intended, the Director of the Legislative

Reference Bureau, in editing such statute, shall have authority,

with the approval of the President pro tempore of the Senate,

the Speaker of the House of Representatives, and the [Department

of Justice] Attorney General, to correct the original copy of

such statute, as filed in the Department of State, if such

correction will not in any manner affect or change the meaning,

intent or substance of such statute.

* * *

Section 2. Section 508 of Title 2 is amended to read:

§ 508. Notice to [Department of Justice] Office of Attorney

General.

Before notice of any hearing leading to an adjudication is

given by a Commonwealth agency (except the Pennsylvania Public

Utility Commission), the agency shall submit the matter to its

representative in the [Department of Justice] Office of Attorney

General who shall pass upon the legality of the proposed action

or defense. Failure of the agency to submit the matter to the

[department] Office of Attorney General shall not invalidate any

A02953 - 3 -

adjudication.

Section 2.1. Section 2703 of Title 3 is amended to read:

§ 2703. Unlawful acts.

A person commits a summary offense of the second degree and

shall be subject to the penalty imposed under 34 Pa.C.S. §

925(b)(5) (relating to jurisdiction and penalties) if the person

does any of the following:

(1) If the person is a taxidermist, mounts any specimen

which was not lawfully killed or raised under authority of a

propagating permit unless the owner of the specimen presents

the taxidermist with a permit obtained from the Pennsylvania

Game Commission or the Pennsylvania Fish and Boat Commission

and, in the case of migratory birds, the required Federal

permit.

(2) Mounts any specimen unless the owner of the specimen

presents the person with a copy of a permit issued by the

Pennsylvania Game Commission or the Pennsylvania Fish and

Boat Commission. A taxidermist may accept a specimen for

safekeeping and, after notifying the nearest Pennsylvania

Game Commission or Pennsylvania Fish and Boat Commission

officer, hold it until the owner obtains the necessary permit

or for a period not to exceed 60 days.

(3) Violates the provisions of this chapter.

Section 3. Section 6133(b) and (d)(2) of Title 7 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

A02953 - 4 -

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 4. 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 5. The definition of "hospital" in section 3402 of

A02953 - 5 -

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 6. Section Sections 202(c)(2)(iii) and 1511(f) of

Title 15 is are amended to read:

§ 202. Requirements for names generally.

* * *

(2) The proper name of a covered association shall not

contain:

* * *

(iii) The words "engineer" or "engineering,"

"surveyor" or "surveying" or any other word implying that

any form of the practice of engineering or surveying as

defined in the act of May 23, 1945 (P.L.913, No.367),

known as the Engineer, Land Surveyor and Geologist

Registration Law, is provided unless at least one of the

individuals signing the initial public organic record of

the association or one of the governors of the existing

association has been properly registered with the State

A02953 - 6 -

Registration Board for Professional Engineers, Land

Surveyors and Geologists in the practice of engineering

or surveying and there is submitted to the department a

certificate from the board to that effect.

* * *

§ 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

acquisition of water rights or gubernatorial easement, right-of-

way, license or lease authorizing the acquisition or occupancy.

* * *

Section 5 7. Section 2713(c) of Title 18 is amended to read:

§ 2713. Neglect of care-dependent person.

* * *

conducting any regulatory or investigative responsibility, the

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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 8. 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,

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.

* * *

A02953 - 8 -

Section 7 9. Sections 5749(c), 6501(f) and 7506(a) of Title

18 are amended to read:

§ 5749. Retention of certain records.

* * *

words and phrases shall have the meanings given to them in this

subsection:

"Commander." The:

(1) [commissioner] Commissioner of the Pennsylvania

State Police or a designee, if the recording at issue was

made by a member of the Pennsylvania State Police; or

(2) chief or a designee of the law enforcement agency

which made the recording at issue.

"Law enforcement officer." A member of the Pennsylvania

State Police or an individual employed as a police officer who

is required to be trained under 53 Pa.C.S. Ch. 21 Subch. D

(relating to municipal police education and training).

§ 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

A02953 - 9 -

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

to come to the attention of persons using such property.

* * *

Section 8 10. 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

A02953 - 10 -

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 11. Section 9113(c) and (e) of Title 18 are amended

to read:

§ 9113. Disposition reporting by criminal justice agencies.

* * *

correctional institutions shall collect and submit information

regarding the admission, release and length of sentence of

individuals sentenced to local and county institutions as

required by the [Bureau of Correction] Department of

Corrections.

* * *

(e) State agencies.--The Administrative Office of

Pennsylvania Courts, the [Bureau of Correction] Department of

Corrections, the Pennsylvania Board of Probation and Parole and

the Pennsylvania Board of Pardons shall collect and submit to

the central repository such information necessary to maintain

complete and accurate criminal history record information. Each

State agency listed in this subsection shall submit to the

central repository any reports of dispositions occurring within

their respective agencies and such information reported from

county and local criminal justice agencies.

Section 9 12. 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 Title 20 are amended to read:

§ 3101. Payments to family and funeral directors.

A02953 - 11 -

* * *

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

decide whether rights to subscribe to stock should be sold or

should be exercised, and also the power to decide whether a

A02953 - 12 -

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

clearing corporation by any person regardless of the ownership

of such securities, and certificates of small denomination may

A02953 - 13 -

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

representative in such clearing corporation for its account as

such personal representative.

A02953 - 14 -

* * *

§ 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 Services'

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 writing that it has obtained a currently valid

consent for the disclosure of such information from the settlor

A02953 - 15 -

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.

* * *

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

opening and final trust balances. A copy of this statement

shall be available to the beneficiary, settlor or designee of

A02953 - 16 -

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 13. 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

the Department of [Public Welfare] Human Services and providing

adoption services in accordance with standards established by

A02953 - 17 -

the department.

* * *

Section 11 14. 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).

§ 2505. Counseling.

* * *

A02953 - 18 -

(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.

* * *

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

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

A02953 - 19 -

"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

Law, or its successor, and supervised by the Department of

[Public Welfare] Human Services under Article IX of the act of

A02953 - 20 -

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 15. 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 16. 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:

* * *

"Department." The Department of [Public Welfare] Human

A02953 - 21 -

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 17. Section 4306(c) of Title 23 is amended to

read:

§ 4306. Duties of Title IV-D attorney.

* * *

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 18. 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

prevailing party or beneficiary, or in the case of an award

A02953 - 22 -

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 19. 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 20. Sections 4343(c)(6), 4355(d.6) and 4371 of

Title 23 are amended to read:

A02953 - 23 -

§ 4343. Paternity.

* * *

(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

designated services provided under Article IV of the act of June

A02953 - 24 -

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 21. 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 22. 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 23. 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:

§ 4603. Relatives' liability; procedure.

A02953 - 25 -

* * *

(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

witnessed statement subject to 18 Pa.C.S. § 4904 (relating to

A02953 - 26 -

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.

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:

(i) A signed, witnessed statement subject to 18

A02953 - 27 -

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

fulfilling its duties under this section.

A02953 - 28 -

(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.--

* * *

A02953 - 29 -

(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 24. 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:

* * *

"County agency." The county children and youth social

A02953 - 30 -

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 25. 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

and all subjects shall be so advised of the decision. The county

A02953 - 31 -

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

receiving services in a home.

A02953 - 32 -

* * *

(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

perpetrator. If the certification shows that the person

A02953 - 33 -

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

acceptable to the licensing board that the person has

A02953 - 34 -

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).

* * *

(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

with children.

A02953 - 35 -

(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 26. 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.

* * *

Section 24 27. The definitions of "department" and "obligee"

A02953 - 36 -

"department," "obligee" and "secretary" 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.

* * *

"Secretary." The Secretary of [Public Welfare] Human

Services of the Commonwealth.

* * *

Section 25 28. Section 1201 of Title 25 is amended to read:

A02953 - 37 -

§ 1201. Departmental responsibilities.

The department shall do all of the following:

(1) Provide for applicants to submit their voter

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 29. 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

Conservation and Natural Resources, 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.

A02953 - 38 -

* * *

Section 27 30. Section 723(3) of Title 34 is amended to

read:

§ 723. Exchange or sale.

The commission may, by resolution adopted by a majority of

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 31. 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 32. Sections 7312(a), 7385(b) 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

A02953 - 39 -

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,

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.

* * *

§ 7385. Pennsylvania Fire and Emergency Medical Services Loan

A02953 - 40 -

Program.

* * *

(b) Transfer.--There are transferred to the commissioner, to

be used, employed and expended in connection with the functions,

powers and duties enumerated in subsection (a), personnel,

contractual obligations, if any, mortgages, liens, encumbrances

and any other secured interests, records, files, property,

supplies and equipment now being used or held in connection with

such functions, powers and duties and the unexpended balance of

appropriations, allocations and other funds available or to be

made available for use in connection with such functions, powers

and duties as previously were vested in the former Department of

Community Affairs under Subchapter E and transferred to the

agency by Reorganization Plan No.7 of 1981 (P.L.615).

§ 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

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 33. Section Sections 306(2) and 705(b)(1) of

Title 37 is are amended to read:

§ 306. Publications and reproductions.

A02953 - 41 -

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.

* * *

§ 705. United States Brig Niagara.

* * *

(b) Powers and duties of the commission.--The commission

shall have the power and duty to:

(1) Cooperate with the Department of Military and

Veterans Affairs, the United States Navy and other

appropriate organizations in commemorating significant events

of our naval and maritime heritage.

* * *

Section 31 34. 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 35. Sections 761(a)(1), 2705(a), (c) and (f),

A02953 - 42 -

3502(b), 3721(c)(2) and 4521.1(a)(1) of Title 42 are amended to

read:

§ 761. Original jurisdiction.

(a) General rule.--The Commonwealth Court shall have

original jurisdiction of all civil actions or proceedings:

(1) Against the Commonwealth government, including any

officer thereof, acting in his official capacity, except:

(i) actions or proceedings in the nature of

applications for a writ of habeas corpus or post-

conviction relief not ancillary to proceedings within the

appellate jurisdiction of the court;

(ii) eminent domain proceedings;

(iii) actions or proceedings conducted pursuant to

Chapter 85 (relating to matters affecting government

units);

(iv) actions or proceedings conducted pursuant to

the former act of May 20, 1937 (P.L.728, No.193),

referred to as the Board of Claims Act, or 62 Pa.C.S. Ch.

17 Subch. C (relating to Board of Claims); and

(v) actions or proceedings in the nature of trespass

as to which the Commonwealth government formerly enjoyed

sovereign or other immunity and actions or proceedings in

the nature of assumpsit relating to such actions or

proceedings in the nature of trespass.

* * *

§ 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,

A02953 - 43 -

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.

* * *

prothonotary and the clerk of the courts shall make to the

[Department of Justice] Office of Attorney General such periodic

or special reports concerning criminal matters as the

[department] Office of Attorney General may specify by

regulation.

* * *

(f) Superseding administrative office procedures and

standards.--The manner of making any informational report

required by or pursuant to subsections (a) through (e) or by or

pursuant to any other similar statute by the office of the clerk

of the court of common pleas may be modified by procedures and

standards prescribed pursuant to section 4301 (relating to

establishment and maintenance of judicial records) with the

approval of the [Department of Justice] Attorney General.

§ 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

A02953 - 44 -

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.

* * *

(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

A02953 - 45 -

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

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 36. 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

A02953 - 46 -

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 37. The definitions of "health care provider" and

"hospital" in section 5101.1(c) of Title 42 are amended to read:

§ 5101.1. Venue in medical professional liability actions.

* * *

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.

A02953 - 47 -

* * *

Section 35 38. Sections 5552(b)(4), 5950(d), 5974(b),

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:

* * *

(4) Under the act of June 13, 1967 (P.L.31, No.21),

known as the [Public Welfare] Human Services Code.

* * *

§ 5950. Confidential communications involving law enforcement

officers.

* * *

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Coparticipant." An individual who participates in a group

critical incident stress management team intervention.

"Critical incident." A situation responded to by a law

enforcement officer which presents or involves either the death

or serious bodily injury of an individual or the imminent

potential of such death or serious bodily injury, or any

situation faced by a law enforcement officer in the course of

duty which causes or may cause the law enforcement officer to

experience unusually strong negative emotional reactions.

"Critical Incident Stress Management Network." A network

that meets the requirements of membership with the Pennsylvania

A02953 - 48 -

Voluntary Critical Incident Stress Management Network as

administered by the Department of Health and is registered with

the International Critical Incident Stress Foundation.

"Critical incident stress management services."

Consultation, risk assessment, education, intervention,

briefing, defusing, debriefing, onsite services, referral and

other crisis intervention services provided by a critical

incident stress management team to a law enforcement officer

prior to, during or after a critical incident.

"Critical incident stress management team member." An

individual who is specially trained to provide critical incident

stress management services as a member of a police agency or

organization critical incident stress management team that holds

membership in the Commonwealth's critical incident stress

management network.

"Government unit." The General Assembly and its officers and

agencies; the Governor and the departments, boards, commissions,

authorities and officers and agencies of the Commonwealth or

other instrumentalities thereof; any political subdivision,

municipality, school district or other local authority and the

departments, boards, commissions, authorities and officers and

agencies of such political subdivisions or other

instrumentalities thereof; and any court or other officer or

agency of the unified judicial system or instrumentality

thereof.

"Law enforcement officer." Any of the following:

(1) A member of the Pennsylvania State Police.

(2) Any enforcement officer or investigator employed by

the Pennsylvania Liquor Control Board.

(3) A parole agent of the Department of Corrections.

A02953 - 49 -

(4) A Capitol Police officer.

(5) A Department of Conservation and Natural Resources

ranger.

(6) A drug enforcement agent of the Office of Attorney

General whose principal duty is the enforcement of the drug

laws of this Commonwealth and a special agent of the Office

of Attorney General whose principal duty is the enforcement

of the criminal laws of this Commonwealth.

(7) Any member of a port authority or other authority

police department.

(8) Any police officer of a county, region, city,

borough, town or township.

(9) Any sheriff or deputy sheriff.

(10) A member of the Pennsylvania Fish and Boat

Commission.

(11) A Pennsylvania Wildlife Conservation Officer.

(12) A member of a campus police force with the power to

arrest under section 2416 of the act of April 9, 1929

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

As used in this paragraph, the term "campus police" has the

meaning given in section 302 of the act of November 29, 2004

(P.L.1383, No.180), known as the Uniform Crime Reporting Act.

(13) A member of the Fort Indiantown Gap Police Force.

§ 5974. Summoning prisoner in this Commonwealth to testify in

another state.

* * *

(b) Hearing.--Upon presentation of the certificate to any

court having jurisdiction over the person confined and upon

notice to the [Bureau of Correction] Department of Corrections,

the court in this Commonwealth shall fix a time and place for a

A02953 - 50 -

hearing and shall make an order, directed to the person having

custody of the prisoner, requiring that the prisoner be produced

before it at the hearing.

§ 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.--

* * *

A02953 - 51 -

(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 39. 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

A02953 - 52 -

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 40. 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

A02953 - 53 -

(relating to transfer to criminal proceedings), the interest of

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.

A02953 - 54 -

* * *

(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.

A02953 - 55 -

* * *

(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.

* * *

A02953 - 56 -

§ 6353. Limitation on and change in place of commitment.

* * *

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 41. 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 42. Sections 6403(b)(3), 6404.2(c) and, 6406

heading, 9107, 9144.1 and 9727(b)(2) of Title 42 are amended to

read:

A02953 - 57 -

§ 6403. Court-ordered involuntary treatment.

* * *

(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.

* * *

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]

A02953 - 58 -

Human Services), not less than every 30 days.

* * *

§ 6406. Duty of Department of [Public Welfare] Human Services.

* * *

§ 9107. Administrator and information agent.

The [Department of Justice] Attorney General shall serve as

central administrator of and information agent for the Agreement

on Detainers.

§ 9144.1. Payment of expenses, costs and fees.

All costs and expenses shall be paid out of the county

treasury in the county wherein the crime is alleged to have been

committed: Provided, however, That all costs and expenses

incurred by a county in extraditing a person who, upon release

from a Federal prison, is apprehended on a writ of detainer

issued by a state other than Pennsylvania, shall be reimbursed

by the [Department of Justice] Attorney General. Reimbursable

costs and expenses incurred in any extradition proceeding shall

include, but not be limited to, apprehending, securing,

transmitting and maintaining the prisoner, as well as food,

court fees and counsel fees. Any person released from a Federal

prison for whom extradition proceedings have been initiated and

who is apprehended on a writ of detainer issued by a state other

than Pennsylvania, shall be transferred to the [Bureau of

Correction] Department of Corrections as soon as possible until

such extradition occurs or until he is released by the court.

The [Commissioner of Correction] Secretary of Corrections shall

accept such transfer. The [Bureau of Correction] Department of

Corrections shall make every effort to be reimbursed for all

costs and expenses from the state which is seeking extradition.

§ 9727. Disposition of persons found guilty but mentally ill.

A02953 - 59 -

* * *

(b) Treatment.--

* * *

(2) The cost for treatment of offenders found guilty but

mentally ill, committed to the custody of the [Bureau of

Correction] Department of Corrections and transferred to a

mental health facility, shall be borne by the Commonwealth.

* * *

Section 40 43. Section Chapter 7 heading and sections 1508,

1511(b) and 7502(a) of Title 51 is are amended to read:

CHAPTER 7

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

§ 1508. Payment of armory rentals by Commonwealth.

The annual rental of all armories and buildings not owned by

the Commonwealth and occupied by any organization, shall be paid

by the State Treasurer in the manner provided by law. All

payments for light, heat, water and janitor services in rented

armories and buildings shall be made by the Department of

Military and Veterans Affairs upon properly itemized vouchers,

except where such services are furnished by the landlord under

the rental contract.

§ 1511. State Treasury Armory Fund.

* * *

(b) Appropriation.--Moneys in the State Treasury Armory Fund

are hereby appropriated to the Department of Military and

Veterans Affairs in such amounts as may be determined annually

by the Governor to be used for the purposes specified in

subsections (c) and (d).

* * *

§ 7502. Retention of licenses and certifications of persons

A02953 - 60 -

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 44. The definition of "eligible disabled or deceased

veteran" in section 8701 of Title 51 is amended to read:

§ 8701. 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 disabled or deceased veteran." A person who served

in the military or naval forces of the United States, or a

women's organization officially connected therewith, who:

(1) was killed in action or died as a result of wounds

incurred during a period of war or armed conflict or as a

result of hostile fire or terrorist attack during peacetime

(as determined by the Department of Military and Veterans

A02953 - 61 -

Affairs);

(2) died in service during a period of war or armed

conflict;

(3) was honorably discharged from the military or naval

forces of the United States and certified by the United

States Veterans' Administration as a 100% disabled veteran as

a result of service during a period of war or armed conflict

or as a result of hostile fire or terrorist attack (as

determined by the Department of Military and Veterans

Affairs) during peacetime; or

(4) was honorably discharged from the military or naval

forces of the United States and died as a result of a

service-connected disability (as certified by the United

States Veterans' Administration) incurred during a period of

war or armed conflict or as a result of peacetime hostile

fire or terrorist attack (as determined by the Department of

Military and Veterans Affairs).

* * *

Section 45. Sections 9102(a) and 9301(a) of Title 51 are

amended to read:

§ 9102. Affidavits and acknowledgments by designated officers.

(a) Designation of certain officers authorized.--Each local

organization of The American Red Cross, The American Legion,

Veterans of World War I of the U.S.A., Inc., Veterans of Foreign

Wars of the United States, Disabled American Veterans, United

Spanish War Veterans, Regular Veterans Association, Director of

Veterans Affairs, Jewish War Veterans of the United States, the

Military Order of the Purple Heart, the Italian American War

Veterans of the United States, Incorporated, and such other

similar organizations now or hereafter accredited or recognized

A02953 - 62 -

by the United States Veterans Administration, which supplies

such aid and assistance to veterans or their dependents, and

which gratuitously prepares forms for veterans and their

dependents in connection with their affairs as such before the

United States, any agency thereof, or the Commonwealth, any

agency or political subdivision thereof, is hereby authorized to

designate one of its officers to take affidavits or

acknowledgments to such forms, as may be required by rule,

regulation or otherwise by the United States, any agency

thereof, or the Commonwealth, any agency or political

subdivision thereof, in the administration of the affairs of

veterans and their dependents. For the same purposes the

Adjutant General is authorized to designate one or more persons

from the Department of Military and Veterans Affairs, and the

State Director of Selective Service is authorized to designate

one or more persons from the Pennsylvania Selective Service

System.

* * *

§ 9301. Reports of annual conventions.

(a) Printing and distribution by Commonwealth.--Whenever the

department commanders of the Grand Army of the Republic, the

United Spanish War Veterans, the Veterans of Foreign Wars of the

United States, the American Legion, the Disabled American

Veterans of the World War, the Veterans of World War I of the

U.S.A., Inc., the American Veterans of World War II (AMVETS),

Military Order of the Purple Heart, Jewish War Veterans,

Catholic War Veterans, Inc., The Society of the 28th Division,

A.E.F., the Marine Corps League and the Italian American War

Veterans of the United States, Incorporated, shall report to the

Department of [Property and Supplies] General Services the

A02953 - 63 -

proceedings of the annual encampment or conventions of their

respective departments, with such general and special orders and

circulars and other data which may form a part of said

proceedings, then the said proceedings, so reported, shall be

considered Commonwealth records, and under the direction of the

Department of [Property and Supplies] General Services, shall be

printed and bound, and a printed and bound copy thereof shall be

sent to each post or detachment in this Commonwealth of the

organization of whose proceedings the same is a report.

* * *

Section 41 46. 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.

* * *

"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 47. 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

A02953 - 64 -

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 48. 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;

(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

A02953 - 65 -

(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 49. 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.

* * *

Section 45 50. 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

A02953 - 66 -

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 51. 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

Development Enhancement Act .

* * *

Section 47 52. Section 8815(c)(2) of Title 53 is amended to

read:

§ 8815. Catastrophic loss.

* * *

"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

A02953 - 67 -

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 53. Section 311(f)(3) 311(f)(2), (3) and (6) of

Title 54 are amended to read:

§ 311. Registration.

* * *

(f) Required approvals.--The fictitious name shall not

contain:

* * *

(2) The words "engineer" or "engineering" or "surveyor"

or "surveying" or any other word implying that any form of

the practice of engineering or surveying, as defined in the

act of May 23, 1945 (P.L.913, No.367), known as the

[Professional Engineers] Engineer, Land Surveyor and

Geologist Registration Law, is provided unless at least one

of the parties to the registration has been properly

registered with the State Registration Board for Professional

Engineers, Land Surveyors and Geologists and there is

submitted to the department a certificate from the board to

that effect.

A02953 - 68 -

(3) The words "bank," "banking," "banker" or "trust" or

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 54. 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]

A02953 - 69 -

Human Services pursuant to the [Public Welfare] Human

Services Code shall make the report to the Secretary of

[Public Welfare] Human Services.

* * *

Section 50 55. 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 56. 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

A02953 - 70 -

under the exception in subsection (b)(2). The secretary shall

report on pregnant prisoners or detainees in the custody of

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 57. Section 102(e) of Title 62 is amended to

read:

A02953 - 71 -

§ 102. Application of part.

* * *

(e) Application to medical assistance provider agreements

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 58. 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 59. Sections 322(4), 520(c) and 1724(c) of Title

62 are amended to read:

§ 322. Specific construction powers, duties and procedures.

The following procedure shall apply to construction to be

completed by the department which costs more than the amount

A02953 - 72 -

established by the department under section 514 (relating to

small procurements) for construction procurement unless the work

is to be done by Commonwealth agency employees or by inmates or

patients of a Commonwealth agency institution:

* * *

(4) The enforcement of all contracts provided for by

this section shall be under the control and supervision of

the department. The department shall have the authority to

engage the services of a construction management firm to

coordinate the work of the total project. All questions or

disputes arising between the department and any contractor

with respect to any matter pertaining to a contract entered

into with the department or any part thereto or any breach of

contract arising thereunder shall be submitted to final and

binding arbitration as provided by the terms of the contract,

which finding shall be final and not subject to further

appeal, or, if not so provided, shall be referred to the

Board of Claims as set forth in [the act of May 20, 1937

(P.L.728, No.193), referred to as the Board of Claims Act,]

Subchapter C of Chapter 17 (relating to Board of Claims),

whose decision and award shall be final and binding and

conclusive upon all parties thereto except that either party

shall have the right to appeal from the decision and award as

provided by law.

* * *

§ 520. Supplies manufactured and services performed by persons

with disabilities.

* * *

Department of [Public Welfare] Human Services or a nonprofit

A02953 - 73 -

agency with the approval of the Department of [Public Welfare]

Human Services shall facilitate the distribution of orders for

supplies manufactured by or services performed by persons with

disabilities among agencies for persons with disabilities.

* * *

§ 1724. Jurisdiction.

* * *

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 60. 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.

A02953 - 74 -

(4) Four legislative appointees.

(i) Appointments are as follows:

(A) One individual appointed by the President

pro tempore of the Senate.

(B) One individual appointed by the Minority

Leader of the Senate.

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 61. Sections 318(b) and (c), 332(h), 333(d),

510(c), 514(c), 516(a) and (b), 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,(b) (d) and (e) 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

A02953 - 75 -

in its decision.

Nothing in this part shall be construed to deprive the

Department of Health or the Department of Environmental

[Resources] Protection of any jurisdiction, powers or duties now

vested in them.

§ 332. Procedures in general.

* * *

(h) Exceptions and appeal procedure.--Any party to a

proceeding referred to an administrative law judge under section

331(b) may file exceptions to the decision of the administrative

law judge with the commission, in a form and manner and within

the time to be prescribed by the commission. The commission

shall rule upon such exceptions within 90 days after filing. If

no exceptions are filed, the decision shall become final,

without further commission action, unless two or more

commissioners within 15 days after the decision request that the

commission review the decision and make such other order, within

90 days of such request, as it shall determine. The [Office of

Trial Staff] commission's prosecutory bureau or office and the

chief counsel shall be deemed to have automatic standing as a

party to such proceeding and may file exceptions to any decision

of the administrative law judge under this subsection.

* * *

§ 333. Prehearing procedures.

* * *

(d) Interrogatories.--Any party to a proceeding may serve

written interrogatories upon any other party for purposes of

discovering relevant, unprivileged information. A party served

with interrogatories may, before the time prescribed either by

A02953 - 76 -

commission rule or otherwise for answering the interrogatories,

apply to the presiding officer for the holding of a prehearing

conference for the mutual exchange of evidence exhibits and

other information. Each interrogatory which requests information

not previously supplied at a prehearing conference or hearing

shall be answered separately and fully in writing under oath,

unless it is objected to, in which event the reasons for the

objections shall be stated in lieu of an answer. The party upon

whom the interrogatories have been served shall serve a copy of

the answers and objections within a reasonable time, unless

otherwise specified, upon the party submitting the

interrogatories. The party submitting the interrogatories may

petition the presiding officer for an order compelling an answer

to an interrogatory or interrogatories to which there has been

an objection or other failure to answer. The commission shall

designate an appropriate official, other than the [Director of

Trial Staff or any other employee of the Office of Trial Staff]

director of the commission's prosecutory bureau or office, on

whom other parties to the proceeding may serve written

interrogatories directed to the commission. That official shall

arrange for agency personnel with knowledge of the facts to

answer and sign the interrogatories on behalf of the commission.

Interrogatories directed to the commission shall be allowed only

upon an order of the commission based upon a specific finding

that the interrogating party is seeking significant,

unprivileged information not discoverable by alternative means.

When participating in a commission proceeding, the [Office of

Trial Staff] commission's prosecutory bureau or office shall be

subject to the same rules of discovery applicable to any other

party to the case.

A02953 - 77 -

* * *

§ 510. Assessment for regulatory expenses upon public

utilities.

* * *

notice by registered or certified mail to each public utility of

the amount lawfully charged against it under the provisions of

this section, which amount shall be paid by the public utility

within 30 days of receipt of such notice, unless the commission

specifies on the notices sent to all public utilities an

installment plan of payment, in which case each public utility

shall pay each installment on or before the date specified

therefor by the commission. Within 15 days after receipt of such

notice, the public utility against which such assessment has

been made may file with the commission objections setting out in

detail the grounds upon which the objector regards such

assessment to be excessive, erroneous, unlawful or invalid. The

commission, after notice to the objector, shall hold a hearing

upon such objections. After such hearing, the commission shall

record upon its minutes its findings on the objections and shall

transmit to the objector, by registered or certified mail,

notice of the amount, if any, charged against it in accordance

with such findings, which amount or any installment thereof then

due, shall be paid by the objector within ten days after receipt

of notice of the findings of the commission with respect to such

objections. If any payment prescribed by this subsection is not

made as aforesaid, the commission may suspend or revoke

certificates of public convenience, certify automobile

registrations to the Department of Transportation for suspension

or revocation or, through the [Department of Justice] Attorney

A02953 - 78 -

General, may institute an appropriate action at law for the

amount lawfully assessed, together with any additional cost

incurred by the commission or the [Department of Justice]

Attorney General by virtue of such failure to pay.

* * *

§ 514. Use of coal.

* * *

(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

A02953 - 79 -

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

reasonable time.

§ 516. Audits of certain utilities.

(a) General rule.--The commission shall provide for audits

of any electric, gas, telephone or water utility whose plant in

service is valued at not less than $10,000,000. The audits shall

include an examination of management effectiveness and operating

efficiency. The commission shall establish procedures for audits

of the operations of utilities as provided in this section.

Audits shall be conducted at least once every five years unless

the commission finds that a specific audit is unnecessary, but

in no event shall audits be conducted less than once every eight

years. A summary of the audits mandated by this subsection shall

be released to the public, and a complete copy of the audits

shall be provided to the [Office of Trial Staff] commission's

prosecutory bureau or office and the Office of Consumer

Advocate.

(b) Management efficiency investigations.--In addition to

the audits mandated by subsection (a), the commission shall

appoint a management efficiency investigator who shall

periodically examine the management effectiveness and operating

efficiency of all utilities required to be audited under

subsection (a) and monitor the utility company responses to the

audits required by subsection (a). For the purposes of carrying

out the periodic audit required by this subsection and for

carrying out the monitoring of audits required by subsection

(a), the commission is hereby empowered to direct the management

efficiency investigator to conduct such investigations through

A02953 - 80 -

and with teams made up of commission staff and/or independent

consulting firms; further, the commission may designate specific

items of management effectiveness and operating efficiency to be

investigated. The management efficiency investigator shall

provide an annual report to the commission, the affected

utility, the [Office of Trial Staff] commission's prosecutory

bureau or office and the Office of Consumer Advocate detailing

the findings of such investigations.

* * *

§ 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.

* * *

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

A02953 - 81 -

or natural gas.

* * *

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.

* * *

§ 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

A02953 - 82 -

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

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;

* * *

A02953 - 83 -

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.

* * *

(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] commission's prosecutory bureau or office, 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

A02953 - 84 -

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

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

A02953 - 85 -

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

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

A02953 - 86 -

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

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

A02953 - 87 -

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

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

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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;

* * *

(b) Procedure.--The commission, upon application by a public

utility, person or corporation which has agreed to acquire

property from another public utility, municipal corporation or

person, may approve an inclusion in rate base in accordance with

subsection (a) prior to the acquisition and prior to a

proceeding under this subchapter to determine just and

reasonable rates if:

(1) the applicant has provided notice of the proposed

acquisition and any proposed increase in rates to the

customers served by the property to be acquired, in such form

and manner as the commission, by regulation, shall require;

(2) the applicant has provided notice to its customers,

in such form and manner as the commission, by regulation,

shall require, if the proposed acquisition would increase

rates to the acquiring public utility's customers by an

amount in excess of 1% of the acquiring public utility's base

annual revenue;

(3) the applicant has provided notice of the application

to the [Director of Trial Staff] director of the commission's

prosecutory bureau or office and the Consumer Advocate; and

(4) in addition to any other information required by the

commission, the application includes a full description of

the proposed acquisition and a plan for reasonable and

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prudent investments to assure that the customers served by

the property to be acquired will receive adequate, efficient,

safe and reasonable service.

* * *

(d) Forfeiture.--Notwithstanding section 1309 (relating to

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.

(e) Acquisition cost lower 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

lower than the original cost of the property when first devoted

to the public service less the applicable accrued depreciation

and the property is used and useful in providing water or sewer

service, that difference shall, absent matters of a substantial

public interest, be amortized as an addition to income over a

reasonable period of time or be passed through to the ratepayers

by such other methodology as the commission may direct. Notice

of the proposed treatment of an acquisition cost lower than

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depreciated original cost shall be given to the [Director of

Trial Staff] director of the commission's prosecutory bureau or

office and the Consumer Advocate.

* * *

§ 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 62. The definition of "LIHEAP" or "Low Income

Home 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

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[Public Welfare] Human Services.

* * *

Section 58 63. 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

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

A02953 - 92 -

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.

* * *

§ 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

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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

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 64. Section Sections 3402(a)(26) last paragraph

and 5402(a)(27)(iii) of Title 68 is are 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:

* * *

(26) A statement as to whether the declarant has

A02953 - 94 -

knowledge of any one or more of the following:

* * *

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.

* * *

§ 5402. 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:

* * *

(27) A statement as to whether the declarant has

knowledge of any one or more of the following:

* * *

(iii) Any finding or action recommended to be taken

in the report of any such investigation or by any

governmental body, agency or authority, in order to

correct any hazardous conditions and any action taken

pursuant to those recommendations. If the declarant has

no knowledge of such matters, the declarant shall make a

statement to that effect. The 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 planned community site may be

A02953 - 95 -

obtained.

* * *

Section 60 65. 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,

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 66. Sections 1516(d)(5) and (f)(2) and 5905 of

Title 74 are amended to read:

§ 1516. Programs of Statewide significance.

* * *

A02953 - 96 -

(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

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.

A02953 - 97 -

(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.

(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

A02953 - 98 -

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

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 67. Sections 1111(b.1), 1337(c)(4), 1517(a),

1905(b)(2), (3) and (4), 3354(g)(2), 6327 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,

A02953 - 99 -

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.

* * *

(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

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.

* * *

§ 1517. Medical Advisory Board.

(a) Membership.--There shall be a Medical Advisory Board

consisting of 13 members appointed by the secretary. The board

shall be composed of an authorized representative from the

Department of Transportation, [Department of Justice, Governor's

Council on Drug and Alcohol Abuse] General Counsel, Pennsylvania

Advisory Council on Drug and Alcohol Abuse, Department of

Health, Pennsylvania State Police and professionals as follows:

One neurologist, one doctor of cardiovascular disease, one

doctor of internal medicine, one general practitioner, one

ophthalmologist, one psychiatrist, one orthopedic surgeon and

A02953 - 100 -

one optometrist.

* * *

§ 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.--

* * *

(2) All fines collected under this subsection shall be

disposed of as follows:

A02953 - 101 -

(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.

* * *

§ 6327. Inspection of records.

The records of the issuing authority, department and each

police department required under this subchapter shall be open

for inspection by any police officer or authorized employee of

the department, the [Department of Justice] Office of Attorney

General, the Department of Revenue, the Auditor General and the

Court Administrator of the Supreme Court.

§ 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.

A02953 - 102 -

(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.

* * *

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

A02953 - 103 -

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

Environmental Resources under 74 Pa.C.S. § 5905 to the

Department of Conservation and Natural Resources.

Section 64 68. This act shall take effect in 60 days.

A02953 - 104 -