See other bills
under the
same topic
SENATE AMENDED
PRIOR PRINTER'S NOS. 2320, 3691
PRINTER'S NO. 3730
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1605
Session of
2015
INTRODUCED BY JAMES, BAKER, BARRAR, BIZZARRO, CALTAGIRONE,
CARROLL, CAUSER, CORBIN, DiGIROLAMO, EVERETT, FLYNN, FREEMAN,
HARHART, A. HARRIS, HEFFLEY, HELM, HENNESSEY, KAUFFMAN,
KAVULICH, MACKENZIE, MAHER, McNEILL, MENTZER, MILLARD, MURT,
PETRI, QUINN, REESE, REGAN, ROEBUCK, SAYLOR, SCHWEYER,
TOEPEL, TOPPER, WARD, WATSON, OBERLANDER, WENTLING, GABLER,
ADOLPH AND BRIGGS, OCTOBER 7, 2015
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JULY 13, 2016
AN ACT
Establishing the Heritage Area Program to identify, protect,
enhance and promote the historic, recreational, natural,
cultural and scenic resources of this Commonwealth and to
stimulate community revitalization and economic development
through regional heritage conservation, recreation, tourism
and partnerships; and repealing provisions in The Fiscal Code
relating to heritage areas.
AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED,
AS AMENDED, "AN ACT RELATING TO THE FINANCES OF THE STATE
GOVERNMENT; PROVIDING FOR THE SETTLEMENT, ASSESSMENT,
COLLECTION, AND LIEN OF TAXES, BONUS, AND ALL OTHER ACCOUNTS
DUE THE COMMONWEALTH, THE COLLECTION AND RECOVERY OF FEES AND
OTHER MONEY OR PROPERTY DUE OR BELONGING TO THE COMMONWEALTH,
OR ANY AGENCY THEREOF, INCLUDING ESCHEATED PROPERTY AND THE
PROCEEDS OF ITS SALE, THE CUSTODY AND DISBURSEMENT OR OTHER
DISPOSITION OF FUNDS AND SECURITIES BELONGING TO OR IN THE
POSSESSION OF THE COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS
AGAINST THE COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND
APPEALS TO THE COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO
THE COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH
AND ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING
MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH,
AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES
TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF
SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF
PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF
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CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY
DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE
GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND
CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON,
ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR
COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS
IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR
OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE
COMMONWEALTH," IN HERITAGE AREAS, PROVIDING FOR THE HERITAGE
AREA PROGRAM TO IDENTIFY, PROTECT, ENHANCE AND PROMOTE THE
HISTORIC, RECREATIONAL, NATURAL, CULTURAL AND SCENIC
RESOURCES OF THIS COMMONWEALTH AND TO STIMULATE COMMUNITY
REVITALIZATION AND ECONOMIC DEVELOPMENT THROUGH REGIONAL
HERITAGE CONSERVATION, RECREATION, TOURISM AND PARTNERSHIPS;
IN GENERAL BUDGET IMPLEMENTATION, PROVIDING FOR FEDERAL AND
COMMONWEALTH USE OF FOREST LAND; AND MAKING A RELATED REPEAL.
AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED,
AS AMENDED, "AN ACT RELATING TO THE FINANCES OF THE STATE
GOVERNMENT; PROVIDING FOR THE SETTLEMENT, ASSESSMENT,
COLLECTION, AND LIEN OF TAXES, BONUS, AND ALL OTHER ACCOUNTS
DUE THE COMMONWEALTH, THE COLLECTION AND RECOVERY OF FEES AND
OTHER MONEY OR PROPERTY DUE OR BELONGING TO THE COMMONWEALTH,
OR ANY AGENCY THEREOF, INCLUDING ESCHEATED PROPERTY AND THE
PROCEEDS OF ITS SALE, THE CUSTODY AND DISBURSEMENT OR OTHER
DISPOSITION OF FUNDS AND SECURITIES BELONGING TO OR IN THE
POSSESSION OF THE COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS
AGAINST THE COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND
APPEALS TO THE COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO
THE COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH
AND ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING
MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH,
AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES
TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF
SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF
PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF
CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY
DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE
GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND
CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON,
ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR
COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS
IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR
OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE
COMMONWEALTH," IN CIGARETTE SALES AND LICENSING, FURTHER
PROVIDING FOR DEFINITIONS, FOR RETENTION OF RECORDS AND FOR
VIOLATIONS AND PENALTIES AND PROVIDING FOR PREEMPTION AND FOR
COMPLIANCE CHECKS; PROVIDING FOR CANCER CONTROL, PREVENTION
AND RESEARCH; IN DISPOSITION OF ABANDONED AND UNCLAIMED
PROPERTY, FURTHER PROVIDING FOR DEFINITIONS AND FOR PROPERTY
HELD BY FIDUCIARIES, PROVIDING FOR NOTICE GIVEN BY HOLDER AND
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FOR UNITED STATES SAVINGS BONDS AND FURTHER PROVIDING FOR
CERTIFICATE OF FINDER REGISTRATION AND FOR NOTICE AND
PUBLICATION OF LISTS OF PROPERTY SUBJECT TO COMMONWEALTH
CUSTODY AND CONTROL; PROVIDING FOR CAPITAL FACILITIES; IN OIL
AND GAS WELLS, FURTHER PROVIDING FOR ENVIRONMENTAL
STEWARDSHIP FUND AND PROVIDING FOR OIL AND GAS CONSERVATION;
IN HERITAGE AREAS, FURTHER PROVIDING FOR PROGRAM AND
PROVIDING FOR DECLARATION OF POLICY AND FOR HERITAGE AREA
PROGRAM; PROVIDING FOR BUSINESS IN OUR SITES PROGRAM ACCOUNT;
PROVIDING FOR TRANSPORTATION NETWORK COMPANIES AND MOTOR
CARRIER COMPANIES; IN SPECIAL FUNDS, FURTHER PROVIDING FOR
FUNDING AND FOR STATE WORKERS' INSURANCE BOARD; IN ADDITIONAL
SPECIAL FUNDS, FURTHER PROVIDING FOR USE OF FUND, PROVIDING
FOR HOSPITAL UNCOMPENSATED CARE PAYMENTS AND REIMBURSEMENTS
FOR EXTRAORDINARY EXPENSE REPORT AND FURTHER PROVIDING FOR
DEFINITIONS, FOR PENNSYLVANIA RACE HORSE DEVELOPMENT FUND,
FOR DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE DEVELOPMENT
FUND, FOR DRUG AND ALCOHOL PROGRAMS AND FOR NATURAL GAS
INFRASTRUCTURE DEVELOPMENT FUND; REPEALING PROVISIONS
RELATING TO 2011-2012 BUDGET IMPLEMENTATION AND 2011-2012
RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS;
PROVIDING FOR 2016-2017 BUDGET IMPLEMENTATION AND FOR 2016-
2017 RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS;
IN GENERAL BUDGET IMPLEMENTATION, FURTHER PROVIDING FOR
EXECUTIVE OFFICES AND FOR GAMING CONTROL BOARD AND PROVIDING
FOR COMMONWEALTH FINANCING AUTHORITY RESTRICTED REVENUE
ACCOUNT, FOR FEDERAL AND COMMONWEALTH USE OF FOREST LAND, FOR
MOTOR LICENSE FUND, FOR PENNSYLVANIA LIQUOR CONTROL BOARD
PROCEDURE, FOR RESTAURANT LIQUOR LICENSE AUCTION AND FOR
LIQUOR CODE TERM; PROVIDING FOR GENERAL BUDGET RESTRICTIONS
ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS; PROVIDING FOR
SCHOOL DISTRICT INTERCEPTS FOR THE PAYMENT OF DEBT SERVICE
DURING BUDGET IMPASSE; IN 2015-2016 BUDGET IMPLEMENTATION,
FURTHER PROVIDING FOR DEPARTMENT OF HUMAN SERVICES; AND
MAKING RELATED REPEALS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Heritage Area
Program Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The act of June 28, 1995 (P.L.89, No.18), known as
the Conservation and Natural Resources Act, created the
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Department of Conservation and Natural Resources and
empowered the department to administer State heritage
conservation programs, such as the Pennsylvania Heritage
Parks Program.
(2) The Pennsylvania Heritage Parks Program consists of
heritage areas, which are multicounty regions located in this
Commonwealth and designated by gubernatorial action that
promotes an appreciation of the history and heritage of the
regions.
(3) Since 1989, heritage areas assist communities in
developing, restoring, preserving and conserving nationally,
State and locally significant historic, cultural, natural and
recreational resources through capital and programmatic
investments.
(4) Heritage areas have successfully demonstrated the
ability to create public, private and nonprofit investment
partnerships leveraging significant investments for every
dollar of Commonwealth funds.
(5) Heritage areas are a key catalyst in regions of this
Commonwealth for economic growth and community development
strategies and investments resulting in tourism promotion,
small business development and the creation of jobs.
(6) The Commonwealth's program has long been recognized,
studied and replicated by other states and the National Park
Service as a model for successful heritage and community
conservation and development.
(7) Due to the success of the program, a targeted effort
should be made to promote this Commonwealth's heritage areas
by providing dedicated funding.
Section 3. Definitions.
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The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Heritage area." A Commonwealth-designated region, managed
by a nonprofit organization or governmental entity, which
conserves nationally and State significant landscapes and
develops, protects, interprets and promotes its historic,
cultural, natural and recreational resources to stimulate
economic and community development.
"Program." The Heritage Area Program.
"Secretary." The Secretary of the Department of Conservation
and Natural Resources of the Commonwealth.
Section 4. Heritage Area Program.
(a) Establishment.--The Heritage Area Program is established
within the department to identify, protect, develop, enhance and
promote the historic, recreational, natural, cultural and scenic
resources of this Commonwealth and to stimulate community
revitalization and economic development through regional
heritage conservation, recreation, tourism and partnerships.
(b) Administration.--
(1) The department shall adopt program guidelines and
policies for the implementation and administration of the
program.
(2) The department shall consult with the heritage areas
on an annual basis to discuss program goals, guidelines and
policies.
(c) Funding.--The department shall, under subsection (f),
allocate funds appropriated to the department to the program for
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the following purposes:
(1) Management, administration, operation and marketing
of heritage areas.
(2) Planning, implementation, technical assistance and
educational projects and programs related to heritage areas.
(3) Development, construction, rehabilitation, repair,
acquisition, preservation and enhancement of lands, buildings
and other structures related to heritage areas.
(4) Protection, documentation, interpretation and
promotion of the cultural, natural, scenic, recreational and
historic resources of heritage areas.
(5) Establishment of partnerships and coalitions of
governmental and nongovernmental agencies and organizations
to assist heritage areas with the implementation of
management action plans.
(6) Any other activities deemed appropriate by the
department.
(d) Use.--A heritage area may use the funding allocated by
the department for the program to provide a grant to another
entity and organization, including a county, municipality,
authority, nonprofit organization, other authorized
organization, private sector firm and business, if the purpose
of the grant meets the requirements of subsection (c).
(e) Eligibility.--In addition to any other funding provided
to a heritage area, a heritage area shall be eligible to apply
for a grant and loan program administered by the department or
other Federal or State agency or entity.
(f) Amount.--
(1) The department shall distribute funds to the program
based on established program goals, guidelines and policies.
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(2) The department shall allocate all funds appropriated
annually for the program and each State-designated heritage
area shall receive a minimum amount established by the
program goals, guidelines and policies.
(g) Administrative use.--The department may use no more than
5% of the funding appropriated annually for the program for
administrative expenses, including the development of a
strategic plan or other appropriate initiative related to the
administration of the program.
Section 5. Repeal and continuation.
(a) Repeal.--Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) Article XVI-J of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is repealed.
(b) Continuation.--This act is a continuation of Article
XVI-J of The Fiscal Code. Except as otherwise provided in this
act, all activities initiated under Article XVI-J of The Fiscal
Code shall continue and remain in full force and effect and may
be completed under this act. Orders, regulations, rules and
decisions which were made under Article XVI-J of The Fiscal Code
and which are in effect on the effective date of subsection (a)
(2) shall remain in full force and effect until revoked, vacated
or modified under this act. Contracts, obligations and
collective bargaining agreements entered into under Article XVI-
J of The Fiscal Code are not affected nor impaired by the repeal
of Article XVI-J of The Fiscal Code.
Section 6. Effective date.
This act shall take effect immediately.
SECTION 1. SECTION 1601-J OF THE ACT OF APRIL 9, 1929
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(P.L.343, NO.176), KNOWN AS THE FISCAL CODE, ADDED JULY 6, 2010
(P.L.279, NO.46), IS AMENDED TO READ:
SECTION 1601-J. [PROGRAM.
(A) ESTABLISHMENT.--THE HERITAGE AREA PROGRAM IS ESTABLISHED
WITHIN THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES TO
IDENTIFY, PROTECT, ENHANCE AND PROMOTE THE HISTORIC,
RECREATIONAL, NATURAL, CULTURAL AND SCENIC RESOURCES OF THIS
COMMONWEALTH.
(B) ADMINISTRATION.--THE DEPARTMENT SHALL ADOPT GUIDELINES
AND POLICIES FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE
PROGRAM.
(C) FUNDING.--THE DEPARTMENT MAY ALLOCATE FUNDS APPROPRIATED
TO THE DEPARTMENT FOR GRANTS AND INVESTMENT PROGRAMS WITHIN
HERITAGE AREAS, INCLUDING ADMINISTRATION AND OPERATION.] SCOPE
OF ARTICLE.
THIS ARTICLE RELATES TO THE HERITAGE AREA PROGRAM.
SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1602-J . DECLARATION OF POLICY.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) THE ACT OF JUNE 28, 1995 (P.L.89, NO.18), KNOWN AS
THE CONSERVATION AND NATURAL RESOURCES ACT, CREATED THE
DEPARTMENT AND EMPOWERED THE DEPARTMENT TO ADMINISTER STATE
HERITAGE CONSERVATION PROGRAMS, SUCH AS THE PENNSYLVANIA
HERITAGE PARKS PROGRAM.
(2) THE PENNSYLVANIA HERITAGE PARKS PROGRAM CONSISTS OF
HERITAGE AREAS, WHICH ARE MULTICOUNTY REGIONS LOCATED IN THIS
COMMONWEALTH AND DESIGNATED BY GUBERNATORIAL ACTION THAT
PROMOTES AN APPRECIATION OF THE HISTORY AND HERITAGE OF THE
REGIONS.
(3) SINCE 1989, HERITAGE AREAS ASSIST COMMUNITIES IN
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DEVELOPING, RESTORING, PRESERVING AND CONSERVING NATIONALLY,
STATE AND LOCALLY SIGNIFICANT HISTORIC, CULTURAL, NATURAL AND
RECREATIONAL RESOURCES THROUGH CAPITAL AND PROGRAMMATIC
INVESTMENTS.
(4) HERITAGE AREAS HAVE SUCCESSFULLY DEMONSTRATED THE
ABILITY TO CREATE PUBLIC, PRIVATE AND NONPROFIT INVESTMENT
PARTNERSHIPS LEVERAGING SIGNIFICANT INVESTMENTS FOR EVERY
DOLLAR OF COMMONWEALTH FUNDS.
(5) HERITAGE AREAS ARE A KEY CATALYST IN REGIONS OF THIS
COMMONWEALTH FOR ECONOMIC GROWTH AND COMMUNITY DEVELOPMENT
STRATEGIES AND INVESTMENTS RESULTING IN TOURISM PROMOTION,
SMALL BUSINESS DEVELOPMENT AND THE CREATION OF JOBS.
(6) THE COMMONWEALTH'S PROGRAM HAS LONG BEEN RECOGNIZED,
STUDIED AND REPLICATED BY OTHER STATES AND THE NATIONAL PARK
SERVICE AS A MODEL FOR SUCCESSFUL HERITAGE AND COMMUNITY
CONSERVATION AND DEVELOPMENT.
(7) DUE TO THE SUCCESS OF THE PROGRAM, A TARGETED EFFORT
SHOULD BE MADE TO PROMOTE THIS COMMONWEALTH'S HERITAGE AREAS
BY PROVIDING DEDICATED FUNDING.
SECTION 1603-J . DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES OF THE COMMONWEALTH.
"HERITAGE AREA." A COMMONWEALTH-DESIGNATED REGION, MANAGED
BY A NONPROFIT ORGANIZATION OR GOVERNMENTAL ENTITY, WHICH
CONSERVES NATIONALLY AND STATE SIGNIFICANT LANDSCAPES AND
DEVELOPS, PROTECTS, INTERPRETS AND PROMOTES ITS HISTORIC,
CULTURAL, NATURAL AND RECREATIONAL RESOURCES TO STIMULATE
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ECONOMIC AND COMMUNITY DEVELOPMENT.
"PROGRAM." THE HERITAGE AREA PROGRAM.
"SECRETARY." THE SECRETARY OF THE DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES OF THE COMMONWEALTH.
SECTION 1604-J . HERITAGE AREA PROGRAM.
(A) ESTABLISHMENT.--THE HERITAGE AREA PROGRAM IS ESTABLISHED
WITHIN THE DEPARTMENT TO IDENTIFY, PROTECT, DEVELOP, ENHANCE AND
PROMOTE THE HISTORIC, RECREATIONAL, NATURAL, CULTURAL AND SCENIC
RESOURCES OF THIS COMMONWEALTH AND TO STIMULATE COMMUNITY
REVITALIZATION AND ECONOMIC DEVELOPMENT THROUGH REGIONAL
HERITAGE CONSERVATION, RECREATION, TOURISM AND PARTNERSHIPS.
(B) ADMINISTRATION.--
(1) THE DEPARTMENT SHALL ADOPT PROGRAM GUIDELINES AND
POLICIES FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE
PROGRAM.
(2) THE DEPARTMENT SHALL CONSULT WITH THE HERITAGE AREAS
ON AN ANNUAL BASIS TO DISCUSS PROGRAM GOALS, GUIDELINES AND
POLICIES.
(C) FUNDING.--THE DEPARTMENT SHALL, UNDER SUBSECTION (F),
ALLOCATE FUNDS APPROPRIATED TO THE DEPARTMENT TO THE PROGRAM FOR
THE FOLLOWING PURPOSES:
(1) MANAGEMENT, ADMINISTRATION, OPERATION AND MARKETING
OF HERITAGE AREAS.
(2) PLANNING, IMPLEMENTATION, TECHNICAL ASSISTANCE AND
EDUCATIONAL PROJECTS AND PROGRAMS RELATED TO HERITAGE AREAS.
(3) DEVELOPMENT, CONSTRUCTION, REHABILITATION, REPAIR,
ACQUISITION, PRESERVATION AND ENHANCEMENT OF LANDS, BUILDINGS
AND OTHER STRUCTURES RELATED TO HERITAGE AREAS.
(4) PROTECTION, DOCUMENTATION, INTERPRETATION AND
PROMOTION OF THE CULTURAL, NATURAL, SCENIC, RECREATIONAL AND
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HISTORIC RESOURCES OF HERITAGE AREAS.
(5) ESTABLISHMENT OF PARTNERSHIPS AND COALITIONS OF
GOVERNMENTAL AND NONGOVERNMENTAL AGENCIES AND ORGANIZATIONS
TO ASSIST HERITAGE AREAS WITH THE IMPLEMENTATION OF
MANAGEMENT ACTION PLANS.
(6) ANY OTHER ACTIVITIES DEEMED APPROPRIATE BY THE
DEPARTMENT.
(D) USE.--A HERITAGE AREA MAY USE THE FUNDING ALLOCATED BY
THE DEPARTMENT FOR THE PROGRAM TO PROVIDE A GRANT TO ANOTHER
ENTITY AND ORGANIZATION, INCLUDING A COUNTY, MUNICIPALITY,
AUTHORITY, NONPROFIT ORGANIZATION, OTHER AUTHORIZED
ORGANIZATION, PRIVATE SECTOR FIRM AND BUSINESS, IF THE PURPOSE
OF THE GRANT MEETS THE REQUIREMENTS OF SUBSECTION (C).
(E) ELIGIBILITY.--IN ADDITION TO ANY OTHER FUNDING PROVIDED
TO A HERITAGE AREA, A HERITAGE AREA SHALL BE ELIGIBLE TO APPLY
FOR A GRANT AND LOAN PROGRAM ADMINISTERED BY THE DEPARTMENT OR
OTHER FEDERAL OR STATE AGENCY OR ENTITY.
(F) AMOUNT.--
(1) THE DEPARTMENT SHALL DISTRIBUTE FUNDS TO THE PROGRAM
BASED ON ESTABLISHED PROGRAM GOALS, GUIDELINES AND POLICIES.
(2) THE DEPARTMENT SHALL ALLOCATE ALL FUNDS APPROPRIATED
ANNUALLY FOR THE PROGRAM AND EACH STATE-DESIGNATED HERITAGE
AREA SHALL RECEIVE A MINIMUM AMOUNT ESTABLISHED BY THE
PROGRAM GOALS, GUIDELINES AND POLICIES.
(G) ADMINISTRATIVE USE.--THE DEPARTMENT MAY USE NO MORE THAN
5% OF THE FUNDING APPROPRIATED ANNUALLY FOR THE PROGRAM FOR
ADMINISTRATIVE EXPENSES, INCLUDING THE DEVELOPMENT OF A
STRATEGIC PLAN OR OTHER APPROPRIATE INITIATIVE RELATED TO THE
ADMINISTRATION OF THE PROGRAM.
SECTION 1798.1-E. FEDERAL AND COMMONWEALTH USE OF FOREST LAND.
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(A) SCOPE.--THIS SECTION APPLIES TO THE FOLLOWING:
(1) REAL PROPERTY ACQUIRED FOR FOREST RESERVES BY:
(I) THE FEDERAL GOVERNMENT; OR
(II) THE COMMONWEALTH.
(2) TAX-EXEMPT REAL PROPERTY ACQUIRED BY THE FEDERAL
GOVERNMENT OR BY THE COMMONWEALTH FOR THE PURPOSE OF
PRESERVING, PERPETUATING AND MAINTAINING ANY PORTION OF THE
ORIGINAL FORESTS OF THIS COMMONWEALTH AS PUBLIC PLACES AND
PARKS.
(3) REAL PROPERTY:
(I) WHICH IS ACQUIRED FOR THE PURPOSE OF
CONSERVATION OF WATER OR THE PREVENTION OF FLOOD
CONDITIONS; AND
(II) UPON WHICH THERE IS AN IMPOSED TAX PAYABLE BY
THE COMMONWEALTH.
(B) CHARGE.--
(1) SUBJECT TO SUBSECTION (C), REAL PROPERTY UNDER
SUBSECTION (A) SHALL BE SUBJECT TO THE FOLLOWING ANNUAL
CHARGES:
(I) FOR LAND OWNED BY THE DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES:
(A) $2.00 PER ACRE FOR THE BENEFIT OF EACH
COUNTY WHERE THE REAL PROPERTY IS LOCATED;
(B) $2.00 PER ACRE FOR THE BENEFIT OF THE
SCHOOLS IN EACH SCHOOL DISTRICT WHERE THE REAL
PROPERTY IS LOCATED; AND
(C) $2.00 PER ACRE FOR THE BENEFIT OF THE
TOWNSHIP WHERE THE REAL PROPERTY IS LOCATED.
(II) FOR LAND OWNED BY THE THE PENNSYLVANIA GAME
COMMISSION OR THE PENNSYLVANIA FISH AND BOAT COMMISSION:
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(A) $1.20 PER ACRE FOR THE BENEFIT OF EACH
COUNTY WHERE THE REAL PROPERTY IS LOCATED;
(B) $1.20 PER ACRE FOR THE BENEFIT OF THE
SCHOOLS IN EACH SCHOOL DISTRICT WHERE THE REAL
PROPERTY IS LOCATED; AND
(C) $1.20 PER ACRE FOR THE BENEFIT OF THE
TOWNSHIP WHERE THE REAL PROPERTY IS LOCATED.
(2) SUBJECT TO SUBSECTION (F), THE CHARGE UNDER
PARAGRAPH (1) SHALL BE PAYABLE BY THE COMMONWEALTH BEFORE
SEPTEMBER 2.
(C) DURATION.--
(1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE ANNUAL
CHARGE PAYABLE BY THE COMMONWEALTH ON REAL PROPERTY UNDER
SUBSECTION (A)(1)(I) SHALL CONTINUE ONLY UNTIL THE RECEIPT OF
MONEY BY TREASURERS AND TOWNSHIP SUPERVISORS OF THE POLITICAL
SUBDIVISIONS UNDER SUBSECTION (B)(1), IN ACCORDANCE WITH THE
ACT OF APRIL 27, 1925 (P.L.324, NO.185), ENTITLED "AN ACT FOR
THE DISTRIBUTION BY THE COMMONWEALTH AND COUNTIES TO
TOWNSHIPS AND SCHOOL DISTRICTS OF MONEYS RECEIVED FROM THE
UNITED STATES FROM FOREST RESERVES WITHIN THE COMMONWEALTH,"
EQUALS OR EXCEEDS THE AMOUNT PAID BY THE COMMONWEALTH IN LIEU
OF TAXES.
(2) PARAGRAPH (1) DOES NOT APPLY TO:
(I) THE ANNUAL CHARGE PER ACRE FOR THE BENEFIT OF
THE COUNTY WHERE REAL PROPERTY UNDER SUBSECTION (A)(1)(I)
IS LOCATED FOR 1953, 1954, 1955 AND 1956; AND
(II) $0.025 OF THE ANNUAL CHARGE PER ACRE FOR THE
BENEFIT OF THE COUNTY WHERE THE REAL PROPERTY UNDER
SUBSECTION (A)(1)(I) IS LOCATED FOR EACH YEAR AFTER 1956.
(3) THE COMMONWEALTH SHALL PAY THE CHARGES EXEMPTED
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UNDER PARAGRAPH (2).
(D) CERTIFICATION.--UPON APPLICATION OF THE TREASURER OR
TOWNSHIP SUPERVISOR, THE SECRETARY OF CONSERVATION AND NATURAL
RESOURCES SHALL CERTIFY TO THE RESPECTIVE COUNTIES, SCHOOL
DISTRICTS AND TOWNSHIPS WHERE REAL PROPERTY UNDER SUBSECTION (A)
IS LOCATED AND TO THE STATE TREASURER:
(1) THE NUMBER OF ACRES OWNED BY THE FEDERAL GOVERNMENT
AND BY THE COMMONWEALTH IN THE POLITICAL SUBDIVISION; AND
(2) THE CHARGE AGAINST THE REAL PROPERTY.
(E) PAYMENT.--THE STATE TREASURER SHALL PAY TO POLITICAL
SUBDIVISIONS UNDER SUBSECTION (D) THE AMOUNT DUE UNDER
SUBSECTION (B) UPON:
(1) REQUISITION OF THE SECRETARY OF CONSERVATION AND
NATURAL RESOURCES; AND
(2) APPLICATION BY THE APPROPRIATE TREASURER OR TOWNSHIP
SUPERVISORS.
(F) SOURCE OF PAYMENT.-- FOR REAL PROPERTY OWNED BY THE
DEPARTMENT, THE PENNSYLVANIA GAME COMMISSION OR THE PENNSYLVANIA
FISH AND BOAT COMMISSION, OF THE CHARGE PER ACRE UNDER
SUBSECTION (B):
(1) $2.40 SHALL BE PAID FROM MONEY AVAILABLE UNDER 4
PA.C.S. § 1403 (RELATING TO ESTABLISHMENT OF STATE GAMING
FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION); AND
(2) THE REMAINDER SHALL BE PAID BY THE COMMONWEALTH
AGENCY WHICH OWNS THE PROPERTY.
SECTION 3. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 1798.1-E OF THE ACT.
(2) THE ACT OF MAY 17, 1929 (P.L.1798, NO.591), REFERRED
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TO AS THE FOREST RESERVES MUNICIPAL FINANCIAL RELIEF LAW, IS
REPEALED.
SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT JULY 1,
2017:
(I) THE ADDITION OF 1798.1-E OF THE ACT.
(II) SECTION 3(2) OF THIS ACT.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
IMPLEMENTATION OF THE 2016-2017 COMMONWEALTH BUDGET.
(2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS
EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE
PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.
(3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THE
COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
HAS REPEATEDLY AFFIRMED THAT, "IT IS FUNDAMENTAL WITHIN
PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
NECESSARY FOR THEIR OPERATION."
(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
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SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE
IMPLEMENTATION OF STATUTES WHICH IMPACT REVENUE MAY BE
REQUIRED TO DISCHARGE THIS CONSTITUTIONAL OBLIGATION.
(5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION
ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL
ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL
APPROPRIATIONS ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF
APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS
TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO
SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL
COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS.
(6) FOR THE REASONS SET FORTH IN PARAGRAPHS (1), (2),
(3), (4) AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY
THROUGH THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE
2016-2017 COMMONWEALTH BUDGET.
(7) EVERY PROVISION OF THIS ACT RELATES TO THE
IMPLEMENTATION OF THE OPERATING BUDGET OF THE COMMONWEALTH
FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS THE FISCAL
OPERATIONS, REVENUES AND POTENTIAL LIABILITIES OF THE
COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO IMPLEMENT
THE 2016-2017 COMMONWEALTH BUDGET WITHOUT SPECIFICALLY
APPROPRIATING PUBLIC MONEY FROM THE GENERAL FUND. THIS ACT
PROVIDES ACCOUNTABILITY FOR SPENDING AND MAKES TRANSFERS OR
OTHER CHANGES NECESSARY TO IMPACT THE AVAILABILITY OF REVENUE
IN ORDER TO MEET THE REQUIREMENTS OF SECTION 13 OF ARTICLE
VIII OF THE CONSTITUTION OF PENNSYLVANIA AND TO IMPLEMENT THE
ACT OF , 2016 (P.L. , NO. ), KNOWN AS THE
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GENERAL APPROPRIATION ACT OF 2016.
SECTION 2. THE DEFINITION OF "COST OF THE RETAILER" IN
SECTION 202-A OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
KNOWN AS THE FISCAL CODE, ADDED JULY 2, 1993 (P.L.250, NO.46),
IS AMENDED TO READ:
SECTION 202-A. DEFINITIONS.--AS USED IN THIS ARTICLE--
* * *
"COST OF THE RETAILER" SHALL MEAN THE BASIC COST OF
CIGARETTES TO THE RETAILER PLUS THE COST OF DOING BUSINESS BY
THE RETAILER IN EXCESS OF THE BASIC COST OF CIGARETTES,
EXPRESSED AS A PERCENTAGE AND APPLIED TO THE BASIC COST OF
CIGARETTES. IN THE ABSENCE OF FILING OF SATISFACTORY PROOF OF A
LESSER OR HIGHER COST OF DOING BUSINESS BY THE RETAILER MAKING
THE SALE, THE COST OF DOING BUSINESS BY THE RETAILER SHALL BE
PRESUMED TO BE [SIX] SEVEN PER CENTUM OF THE BASIC COST OF
CIGARETTES TO THE RETAILER. WHEN A RETAILER ESTABLISHES A LESSER
COST OF DOING BUSINESS THAN THE PRESUMPTIVE [SIX] SEVEN PER
CENTUM COST OF DOING BUSINESS, SUCH LESSER COST OF DOING
BUSINESS MAY BE USED TO COMPUTE THE COST OF THE RETAILER FOR A
PERIOD OF TIME NO GREATER THAN TWELVE MONTHS, AT THE END OF
WHICH TIME THE COST TO THE RETAILER SHALL BE COMPUTED USING THE
PRESUMPTIVE [SIX] SEVEN PER CENTUM COST OF DOING BUSINESS,
UNLESS THE RETAILER AGAIN ESTABLISHES A LESSER COST OF DOING
BUSINESS. ANY FRACTIONAL PART OF A CENT IN SUCH COST PER CARTON
SHALL BE ROUNDED OFF TO THE NEXT HIGHER CENT. IN THE CASE OF ANY
PERSON WHO PURCHASES CIGARETTES FOR SALE AT RETAIL FROM ANY
MANUFACTURER OF CIGARETTES WITHOUT RESORT TO A WHOLESALER AS
SUCH, SUCH PERSON SHALL BE DEEMED, FOR THE PURPOSES OF THIS
ARTICLE, TO BE ENGAGED IN THE SALE OF CIGARETTES AS A STAMPING
AGENT, WHOLESALER AND RETAILER AND AS SUCH SHALL BE SUBJECT TO
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ALL MARK-UP PROVISIONS OF THIS ARTICLE IN THE ORDER NAMED.
* * *
SECTION 2.1. SECTION 214-A OF THE ACT, ADDED JULY 2, 1993
(P.L.250, NO.46), IS AMENDED TO READ:
SECTION 214-A. [RETENTION OF] REQUIRED RECORDS.--(A) EVERY
LICENSED DEALER SHALL KEEP AND MAINTAIN FOR A PERIOD OF FOUR
YEARS SUCH RECORDS IN SUCH FORM AS THE DEPARTMENT SHALL BY
REGULATION PRESCRIBE. THE RECORDS SHALL BE MAINTAINED AT THE
LOCATION FOR WHICH THE LICENSE IS ISSUED.
(B) A CONTRACT OF SALE COMPLYING WITH THE PROVISIONS OF THIS
ARTICLE SHALL BE SIGNED BY THE PARTIES TO A SALE OF CIGARETTES
AND SHALL BE KEPT ON FILE BY EACH PARTY AT THE LOCATION FOR
WHICH THE LICENSE IS ISSUED. IN THE CASE OF A DEALER HAVING MORE
THAN ONE LOCATION UNDER COMMON OWNERSHIP, THE CONTRACT OF SALE
SHALL BE KEPT AT THE BUSINESS OR CORPORATE HEADQUARTERS. A
CONTRACT OF SALE SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ACTUAL
DOCUMENT OR INTERNET OR ELECTRONIC EVIDENCE INDICATING THAT A
TRANSACTION FOR THE SALE OF CIGARETTES HAS TAKEN PLACE.
SECTION 2.2 SECTION 229-A OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 229-A. VIOLATIONS AND PENALTIES.--* * *
(G) A LICENSEE WHO FAILS TO PAY FOR CIGARETTES IN FULL UPON
DELIVERY BY CASH, CHECK OR ELECTRONIC FUND TRANSFER OR ACCORDING
TO THE CONTRACT OF SALE, REQUIRING FULL PAYMENT NO LATER THAN
FOURTEEN DAYS AFTER DELIVERY, IN ADDITION TO ANY OTHER
VIOLATIONS PROVIDED BY LAW, SHALL BE IN VIOLATION OF THIS
ARTICLE.
SECTION 2.3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 232-A. PREEMPTION.--(A) ALL POWERS AND JURISDICTION
OVER DEALERS LICENSED UNDER THIS ARTICLE, AND REGARDING OR
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AFFECTING THE SALE OF TOBACCO PRODUCTS BY DEALERS LICENSED UNDER
THIS ARTICLE, SHALL RESIDE IN THE COMMONWEALTH UNLESS ANY SUCH
POWER OR JURISDICTION IS SPECIFICALLY GRANTED TO A POLITICAL
SUBDIVISION.
(B) THIS SECTION SHALL NOT APPLY TO A CITY OF THE FIRST
CLASS.
(C) AS USED IN THIS SECTION, THE TERM "TOBACCO PRODUCT"
SHALL HAVE THE SAME MEANING AS DEFINED IN 18 PA.C.S. § 6305(K)
(RELATING TO SALE OF TOBACCO).
SECTION 233-A. COMPLIANCE CHECKS.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, A PROCEEDING
AGAINST A PERSON THAT IS ALLEGED TO HAVE SOLD OR OTHERWISE
FURNISHED TOBACCO TO AN INDIVIDUAL UNDER 18 YEARS OF AGE IN
VIOLATION OF THE PROVISIONS OF 18 PA.C.S. § 6305(A)(RELATING TO
SALE OF TOBACCO) DURING A COMPLIANCE CHECK CONDUCTED UNDER THE
PROVISIONS OF 18 PA.C.S. § 6305 MAY ONLY BE INSTITUTED BY THE
ISSUANCE OF A CITATION.
SECTION 2.4. THE ACT IS AMENDED BY ADDING AN ARTICLE TO
READ:
ARTICLE II-B
CANCER CONTROL, PREVENTION AND RESEARCH
SECTION 201-B. SCOPE.
THIS ARTICLE RELATES TO CANCER CONTROL, PREVENTION AND
RESEARCH.
SECTION 202-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"BOARD." THE PENNSYLVANIA CANCER CONTROL, PREVENTION AND
RESEARCH ADVISORY BOARD ESTABLISHED UNDER SECTION 203-B.
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"CANCER." ALL MALIGNANT NEOPLASMS, REGARDLESS OF THE TISSUE
OF ORIGIN, INCLUDING MALIGNANT LYMPHOMA AND LEUKEMIA.
"DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
"SECRETARY." THE SECRETARY OF HEALTH OF THE COMMONWEALTH.
SECTION 203-B. PENNSYLVANIA CANCER CONTROL, PREVENTION AND
RESEARCH ADVISORY BOARD.
(A) BOARD ESTABLISHED.--
(1) THERE IS ESTABLISHED IN THE DEPARTMENT THE
PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ADVISORY
BOARD.
(2) THE BOARD SHALL CONSIST OF 11 MEMBERS, ALL OF WHOM
SHALL BE PENNSYLVANIA RESIDENTS, 10 OF WHOM THE GOVERNOR
SHALL APPOINT BY AND WITH THE CONSENT OF A MAJORITY OF THE
SENATE. OF THE 10 MEMBERS APPOINTED BY THE GOVERNOR:
(I) THREE SHALL BE DISTINGUISHED SCIENTISTS AND
PHYSICIANS IN THE FIELD OF CANCER;
(II) ONE SHALL BE A QUALIFIED PROFESSIONAL NURSE
ENGAGED IN THE PRACTICE OF ONCOLOGICAL NURSING;
(III) ONE SHALL BE SKILLED IN HEALTH CARE
ADMINISTRATION;
(IV) TWO SHALL HAVE SUBSTANTIAL EXPERIENCE IN THE
FIELD OF PUBLIC HEALTH, ONE OF WHOM SHALL BE A
PROFESSIONAL NURSE ENGAGED IN THE PRACTICE OF COMMUNITY
HEALTH NURSING; AND
(V) THREE SHALL BE CONSUMER MEMBERS.
(3) THE SECRETARY SHALL BE A MEMBER OF THE BOARD.
(B) TERMS.--THE TERMS OF THE MEMBERS SHALL BE FOUR YEARS
FROM THE RESPECTIVE DATE OF THEIR APPOINTMENT.
(C) CHAIRPERSON.--A CHAIRPERSON OF THE BOARD SHALL BE
APPOINTED BY THE GOVERNOR FOR A TERM OF FOUR YEARS.
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(D) MEETINGS AND QUORUM.--THE BOARD SHALL MEET NO LESS THAN
FOUR TIMES ANNUALLY AT THE CALL OF THE CHAIRPERSON OR, IN THE
CHAIRPERSON'S ABSENCE OR INCAPACITY, AT THE CALL OF THE
SECRETARY. SIX MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM
FOR THE PURPOSE OF EXERCISING ALL OF THE POWERS OF THE BOARD. A
VOTE OF THE MAJORITY OF THE MEMBERS PRESENT SHALL BE SUFFICIENT
FOR ALL ACTIONS OF THE BOARD.
(E) EXPENSES.--EACH BOARD MEMBER, EXCEPT THE SECRETARY,
SHALL RECEIVE ACTUAL TRAVELING EXPENSES AND OTHER NECESSARY
EXPENSES.
(F) CONFLICT OF INTEREST.--NO MEMBER OF THE BOARD MAY
PARTICIPATE IN ANY DISCUSSIONS AND DECISIONS TO RECOMMEND GRANTS
OR CONTRACTS TO ANY QUALIFIED ASSOCIATION OR TO ANY AGENCY OF
THE COMMONWEALTH OR ITS POLITICAL SUBDIVISIONS WITH WHICH THE
MEMBER IS ASSOCIATED AS A MEMBER OF THE GOVERNING BODY OR AS AN
EMPLOYEE, OR WITH WHICH THE MEMBER HAS ENTERED INTO ANY
CONTRACTUAL ARRANGEMENT.
SECTION 204-B. RESPONSIBILITIES OF BOARD.
(A) BYLAWS.--THE BOARD SHALL HAVE THE POWER TO PRESCRIBE,
AMEND AND REPEAL BYLAWS GOVERNING THE MANNER IN WHICH THE
BUSINESS OF THE BOARD IS CONDUCTED.
(B) DUTY TO ADVISE.--THE BOARD SHALL ADVISE THE SECRETARY
WITH RESPECT TO CANCER CONTROL, PREVENTION AND RESEARCH IN THIS
COMMONWEALTH.
(C) APPROVAL OF PROGRAM.--THE BOARD SHALL APPROVE EACH YEAR
A PROGRAM FOR CANCER CONTROL, PREVENTION AND RESEARCH TO BE
KNOWN AS THE PENNSYLVANIA CANCER PLAN.
(D) AWARD OF GRANTS AND CONTRACTS.--IN ORDER TO IMPLEMENT IN
WHOLE OR IN PART THE PENNSYLVANIA CANCER PLAN, THE BOARD SHALL
RECOMMEND TO THE SECRETARY THE AWARDING OF GRANTS AND CONTRACTS
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TO QUALIFIED ASSOCIATIONS, NONPROFIT ORGANIZATIONS OR
GOVERNMENTAL AGENCIES IN ORDER TO PLAN, ESTABLISH OR CONDUCT
PROGRAMS IN CANCER CONTROL OR PREVENTION, CANCER EDUCATION AND
TRAINING AND CANCER CLINICAL RESEARCH.
(E) ELIGIBLE PROGRAMS.--GRANTS AND CONTRACTS MAY BE
RECOMMENDED FOR:
(1) THE CANCER REGISTRY UNDER SECTION 206-B.
(2) CANCER SCREENING, DETECTION AND PREVENTION.
(3) CANCER EPIDEMIOLOGY AND BIOSTATISTICAL STUDIES.
(4) CANCER COMMUNITY OUTREACH PROGRAMS, INCLUDING, BUT
NOT LIMITED TO, GRANTS FOR THE PROVISION OF FACILITIES AND
PERSONNEL FOR CONDUCTING SUMMER CAMPS AND OTHER ACTIVITIES
FOR CANCER-AFFLICTED CHILDREN.
(5) CANCER REHABILITATION.
(6) COMMUNICATION AND PLANNING AMONG CANCER
INSTITUTIONS.
(7) CANCER EDUCATION AND INFORMATION.
(8) CANCER TRAINING.
(9) CANCER CLINICAL RESEARCH.
(F) FUNDING PRIORITIES.--CONSISTENT WITH THE PENNSYLVANIA
CANCER PLAN THE BOARD SHALL GIVE ITS:
(1) FIRST PRIORITY TO FUNDING GRANTS AND CONTRACTS
RELATING TO SUBSECTION (E)(1), (2), (3) AND (4);
(2) SECOND PRIORITY TO FUNDING GRANTS AND CONTRACTS
RELATING TO SUBSECTION (E)(5) AND (6); AND
(3) THIRD PRIORITY TO FUNDING GRANTS AND CONTRACTS
RELATING TO SUBSECTION (E)(7), (8) AND (9).
(G) CRITERIA.--THE FOLLOWING CRITERIA SHALL BE GIVEN
CONSIDERATION FOR RECOMMENDING GRANTS AND CONTRACTS FOR
PROGRAMS:
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(1) THE RELEVANCY OF APPLICANT'S PROPOSAL TO THE
PENNSYLVANIA CANCER PLAN.
(2) THE FEASIBILITY OF THE APPLICANT'S PROPOSAL.
(H) RULES AND REGULATIONS.--THE BOARD SHALL RECOMMEND TO THE
SECRETARY RULES AND REGULATIONS CONSISTENT WITH LAWS OF THIS
COMMONWEALTH AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS
DUTIES AND THE PROPER ADMINISTRATION OF THIS ARTICLE.
(I) REPORT.--THE BOARD SHALL REPORT ANNUALLY TO THE GOVERNOR
AND THE GENERAL ASSEMBLY. THE REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING:
(1) A FULL DESCRIPTION OF THE GRANTS AND CONTRACTS
FUNDED PURSUANT TO THIS ARTICLE.
(2) THE AMOUNT OF GRANTS AND CONTRACTS.
(3) AN OUTLINE OF THE PROPOSAL ON WHICH GRANTS WERE
BASED.
(4) THE RESULTS ACHIEVED AS A RESULT OF THE GRANTS.
SECTION 205-B. RESPONSIBILITIES OF SECRETARY.
(A) AWARD OF GRANTS AND CONTRACTS.--THE SECRETARY SHALL
AWARD GRANTS AND CONTRACTS ONLY FROM AMONG THOSE RECOMMENDED BY
THE BOARD TO QUALIFIED ASSOCIATIONS IN THIS COMMONWEALTH AND
GOVERNMENTAL AGENCIES IN ORDER TO PLAN, ESTABLISH OR CONDUCT
PROGRAMS IN CANCER CONTROL AND PREVENTION, CANCER EDUCATION AND
TRAINING AND CANCER RESEARCH. THE SECRETARY MAY REQUEST
ADDITIONAL RECOMMENDATIONS FROM THE BOARD.
(B) ASSISTANCE TO BOARD.--THE SECRETARY SHALL PROVIDE SUCH
STAFF, INFORMATION AND OTHER ASSISTANCE AS THE SECRETARY MAY
DEEM NECESSARY FOR THE COMPLETION OF THE BOARD'S
RESPONSIBILITIES. THE STAFF SHALL BE RESPONSIBLE TO THE
SECRETARY.
SECTION 206-B. CANCER REGISTRY.
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(A) REGISTRY.--THE DEPARTMENT SHALL ESTABLISH A SYSTEM FOR
THE STATEWIDE COLLECTION AND DISSEMINATION OF DATA ON CASES OF
CANCER BY ANATOMICAL SITE, MEDICAL AND OCCUPATIONAL HISTORY OF
PATIENTS, STAGE OF DISEASE AND OTHER DATA NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS ARTICLE AS DETERMINED BY THE
DEPARTMENT.
(B) REQUIRED REPORTING.--PERSONS IN CHARGE OF HOSPITALS AND
LABORATORIES SHALL BE REQUIRED BY THE DEPARTMENT, IN ACCORDANCE
WITH REGULATIONS ADOPTED WITH THE ADVICE OF THE BOARD TO REPORT
CASES OF CANCER ON FORMS FURNISHED BY THE DEPARTMENT.
(C) CONFIDENTIALITY OF INFORMATION.--THE REPORTS REQUIRED
UNDER THIS ARTICLE SHALL BE CONFIDENTIAL AND NOT OPEN TO PUBLIC
INSPECTION OR DISSEMINATION. THIS SUBSECTION SHALL NOT RESTRICT
THE COLLECTION AND ANALYSIS OF DATA BY THE DEPARTMENT OR THOSE
WITH WHICH THE DEPARTMENT CONTRACTS, NOR SHALL IT RESTRICT THE
DEPARTMENT FROM PERMITTING THE USE OF THE REPORTS AND DATA
CONTAINED IN THE REPORTS FOR RESEARCH PURPOSES, SUBJECT TO
STRICT SUPERVISION BY THE DEPARTMENT TO ENSURE THAT THE USE OF
THE REPORTS IS LIMITED TO SPECIFIC RESEARCH PURPOSES.
SECTION 207-B. SUNSET PROVISIONS.
WITH THE EXCEPTION OF SECTION 206-B, THIS ARTICLE SHALL
EXPIRE ON JUNE 30, 2026, UNLESS OTHERWISE EXTENDED BY AN ACT OF
THE GENERAL ASSEMBLY.
SECTION 3. SECTION 1301.1 OF THE ACT IS AMENDED BY ADDING A
DEFINITION TO READ:
SECTION 1301.1. DEFINITIONS.--AS USED IN THIS ARTICLE,
UNLESS THE CONTEXT OTHERWISE REQUIRES:
* * *
"UNITED STATES SAVINGS BOND" SHALL MEAN PROPERTY, TANGIBLE OR
INTANGIBLE, IN THE FORM OF A SAVINGS BOND ISSUED BY THE UNITED
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STATES TREASURY, WHETHER IN PAPER, ELECTRONIC OR PAPERLESS FORM,
ALONG WITH ALL THE PROCEEDS OF THE SAVINGS BOND.
* * *
SECTION 4. SECTION 1301.8 OF THE ACT, AMENDED JULY 10, 2014
(P.L.1053, NO.126), IS AMENDED TO READ:
[SECTION 1301.8. PROPERTY HELD BY FIDUCIARIES.--THE
FOLLOWING PROPERTY HELD BY FIDUCIARIES IS PRESUMED ABANDONED AND
UNCLAIMED:
1. ALL PROPERTY HELD IN A FIDUCIARY CAPACITY FOR THE BENEFIT
OF ANOTHER PERSON, UNLESS THE OWNER, WITHIN THREE (3) YEARS
AFTER IT HAS OR SHALL BECOME PAYABLE OR DISTRIBUTABLE, HAS
INCREASED OR DECREASED THE PRINCIPAL, ACCEPTED PAYMENT OF
PRINCIPAL OR INCOME OR OTHERWISE INDICATED AN INTEREST IN THE
PROPERTY OR IN OTHER PROPERTY OF THE OWNER IN THE POSSESSION,
CUSTODY OR CONTROL OF THE HOLDER.
2. FOR AN INDIVIDUAL RETIREMENT ACCOUNT, A RETIREMENT PLAN
FOR SELF-EMPLOYED INDIVIDUALS OR A SIMILAR ACCOUNT OR PLAN
CREATED PURSUANT TO FEDERAL INTERNAL REVENUE LAW OR TO THE LAW
OF THIS COMMONWEALTH AND NOT SUBJECT TO A MANDATORY DISTRIBUTION
REQUIREMENT, THREE (3) YEARS AFTER THE OWNER HAS:
(I) ATTAINED SEVENTY AND ONE-HALF (70.5) YEARS OF AGE; OR
(II) INDICATED AN INTEREST IN THE ACCOUNT OR PLAN OR IN OTHER
PROPERTY OF THE OWNER IN THE POSSESSION, CUSTODY OR CONTROL OF
THE HOLDER.]
SECTION 1301.8. PROPERTY HELD BY AGENTS-IN-FACT AND
FIDUCIARIES.--(A) THE FOLLOWING PROPERTY HELD BY AGENTS-IN-FACT
OR FIDUCIARIES IS PRESUMED ABANDONED AND UNCLAIMED:
1. ALL PROPERTY HELD BY AN AGENT-IN-FACT OR IN A FIDUCIARY
CAPACITY FOR THE BENEFIT OF ANOTHER PERSON, THREE (3) YEARS
AFTER THE HOLDER HAS LOST CONTACT WITH THE OWNER, UNLESS THE
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OWNER HAS, WITHIN THAT THREE (3) YEAR PERIOD:
(I) INCREASED OR DECREASED THE PRINCIPAL;
(II) ACCEPTED PAYMENT OF PRINCIPAL OR INCOME; OR
(III) OTHERWISE INDICATED AN INTEREST IN THE PROPERTY OR IN
OTHER PROPERTY OF THE OWNER IN THE POSSESSION, CUSTODY OR
CONTROL OF THE HOLDER.
2. AN INDIVIDUAL RETIREMENT ACCOUNT, A RETIREMENT PLAN FOR
SELF-EMPLOYED INDIVIDUALS OR SIMILAR ACCOUNT OR A RETIREMENT
PLAN CREATED PURSUANT TO FEDERAL LAW OR THE LAWS OF THIS
COMMONWEALTH, THREE (3) YEARS AFTER THE HOLDER HAS LOST CONTACT
WITH THE OWNER, UNLESS THE OWNER HAS, WITHIN THAT THREE (3) YEAR
PERIOD:
(I) COMMENCED RECEIVING DISTRIBUTIONS OF PRINCIPAL OR
INCOME;
(II) INCREASED OR DECREASED THE PRINCIPAL;
(III) RECEIVED PAYMENT OF PRINCIPAL OR INCOME; OR
(IV) OTHERWISE INDICATED AN INTEREST IN THE ACCOUNT OR PLAN
OR IN OTHER PROPERTY OF THE OWNER IN POSSESSION, CUSTODY OR
CONTROL OF THE HOLDER.
(B) EXCEPT AS PROVIDED UNDER SUBSECTION (C), THE DATE ON
WHICH THE HOLDER HAS LOST CONTACT WITH THE OWNER IS:
1. THE DATE A SECOND CONSECUTIVE COMMUNICATION SENT BY THE
HOLDER BY FIRST CLASS UNITED STATES MAIL TO THE OWNER IS
RETURNED TO THE HOLDER UNDELIVERED BY THE UNITED STATES POSTAL
SERVICE; OR
2. IF THE SECOND COMMUNICATION IS MADE LATER THAN THIRTY
(30) DAYS AFTER THE FIRST COMMUNICATION IS RETURNED, THE DATE
THE FIRST COMMUNICATION IS RETURNED UNDELIVERED TO THE HOLDER BY
THE UNITED STATES POSTAL SERVICE.
(C) IF THE OWNER DOES NOT RECEIVE COMMUNICATIONS FROM THE
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HOLDER BY UNITED STATES MAIL, THE HOLDER SHALL ATTEMPT TO
CONFIRM THE OWNER'S INTEREST IN THE PROPERTY BY SENDING THE
OWNER AN ELECTRONIC MAIL COMMUNICATION NOT LATER THAN TWO (2)
YEARS AFTER THE OWNER'S LAST INDICATION OF INTEREST IN THE
PROPERTY. IF THE HOLDER RECEIVES NOTIFICATION THAT THE
ELECTRONIC MAIL COMMUNICATION WAS NOT RECEIVED OR IF THE OWNER
DOES NOT RESPOND TO THE ELECTRONIC MAIL COMMUNICATION WITHIN
THIRTY (30) DAYS AFTER THE COMMUNICATION WAS SENT, THE HOLDER
SHALL PROMPTLY ATTEMPT TO CONTACT THE OWNER BY FIRST CLASS
UNITED STATES MAIL. IF THE MAIL IS RETURNED TO THE HOLDER
UNDELIVERED BY THE UNITED STATES POSTAL SERVICE, THE HOLDER
SHALL BE DEEMED TO HAVE LOST CONTACT WITH THE OWNER ON THE DATE
OF THE OWNER'S LAST INDICATION OF INTEREST IN THE PROPERTY.
SECTION 5. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1301.10A. NOTICE GIVEN BY HOLDER.--(A) THE HOLDER
OF PROPERTY PRESUMED ABANDONED SHALL SEND NOTICE TO THE OWNER,
NOT MORE THAN ONE HUNDRED TWENTY (120) DAYS NOR LESS THAN SIXTY
(60) DAYS PRIOR TO THE DATE IN WHICH THE CORRESPONDING REPORT IS
TO BE SUBMITTED TO THE STATE TREASURER, STATING THAT THE HOLDER
IS IN POSSESSION OF PROPERTY SUBJECT TO THIS ARTICLE, IF:
1. THE HOLDER OF PROPERTY HAS IN ITS RECORDS AN ADDRESS FOR
THE OWNER WHICH THE HOLDER'S RECORDS DO NOT DISCLOSE TO BE
INACCURATE; AND
2. THE VALUE OF THE PROPERTY IS FIFTY DOLLARS ($50) OR MORE.
(B) WRITTEN NOTICE SHALL BE SENT BY FIRST CLASS MAIL, UNLESS
THE OWNER HAS PREVIOUSLY AGREED TO A METHOD OF ELECTRONIC NOTICE
THAT REMAINS VALID TO CONTACT THE OWNER, AND INCLUDE:
1. A DESCRIPTION OF THE PROPERTY.
2. A DESCRIPTION OF THE PROPERTY OWNERSHIP.
3. THE VALUE OF THE PROPERTY, IF KNOWN.
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4. ANY INFORMATION NECESSARY TO CONTACT THE HOLDER TO
PREVENT THE REPORTING OF THE PROPERTY TO THE STATE TREASURER.
(C) IN ADDITION TO THE NOTICE REQUIRED UNDER SUBSECTION (A),
THE HOLDER OF PROPERTY MAY GIVE ADDITIONAL NOTICE AT ANY TIME
BETWEEN THE DATE OF LAST ACTIVITY BY OR COMMUNICATION WITH THE
OWNER OF THE PROPERTY AND THE DATE THE HOLDER TRANSFERS THE
PROPERTY TO THE CUSTODY AND CONTROL OF THE STATE TREASURER.
(D) IN ADDITION TO THE VERIFICATION REQUIRED UNDER SECTION
1301.11, THE HOLDER OF PROPERTY SHALL INCLUDE AN AFFIRMATION OF
COMPLIANCE WITH SUBSECTION (A).
(E) NO COST OR FEE SHALL BE IMPOSED UPON AN OWNER ASSOCIATED
WITH ANY NOTICE UNDER THIS SECTION.
SECTION 1301.10B. UNITED STATES SAVINGS BONDS.--(A) IT IS
THE INTENT OF THE GENERAL ASSEMBLY TO ALLOW THE STATE TREASURER
TO OBTAIN POSSESSION OF UNREDEEMED AND UNCLAIMED UNITED STATES
SAVINGS BONDS ON BEHALF OF RESIDENTS OF THIS COMMONWEALTH BUT
HELD BY THE FEDERAL GOVERNMENT TO PERMIT AND FACILITATE THE
RIGHT OF PENNSYLVANIA BOND HOLDERS TO BE REUNITED WITH THE BOND
HOLDERS' UNITED STATES SAVINGS BONDS PROCEEDS.
(B) ANY SUM DUE AS PRINCIPAL OR INTEREST ON A UNITED STATES
SAVINGS BOND OR DEBENTURE, OR COUPONS ATTACHED THERETO, WHENEVER
THE BOND HAS REMAINED UNCLAIMED AND UNREDEEMED BY THE OWNER FOR
MORE THAN THREE (3) YEARS AFTER ITS DATE OF FINAL MATURITY AND
IN WHICH THE OWNER HAS NOT INDICATED AN INTEREST, SHALL BE
PRESUMED ABANDONED AND UNCLAIMED.
(C) NOTWITHSTANDING ANY LAW TO THE CONTRARY, UNITED STATES
SAVINGS BONDS THAT ARE UNCLAIMED PROPERTY PURSUANT TO SECTION
1301.10(1) SHALL ESCHEAT TO THE COMMONWEALTH THREE (3) YEARS
AFTER BECOMING UNCLAIMED PROPERTY BY VIRTUE OF THE PROVISIONS OF
SECTION 1301.2. ALL PROPERTY RIGHTS AND LEGAL TITLE TO AND
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OWNERSHIP OF UNITED STATES SAVING BONDS OR PROCEEDS FROM THE
BONDS, INCLUDING ALL RIGHTS, POWERS AND PRIVILEGES OF
SURVIVORSHIP OF ANY OWNER, CO-OWNER OR BENEFICIARY, SHALL VEST
SOLELY IN THE COMMONWEALTH ACCORDING TO PROCEDURES SET FORTH IN
SUBSECTIONS (D), (E), (F), (G) AND (H).
(D) WITHIN ONE HUNDRED EIGHTY (180) DAYS AFTER BECOMING
REPORTABLE AS UNCLAIMED PROPERTY PURSUANT TO SECTION 1301.10(1),
IF NO CLAIM HAS BEEN FILED IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 1301.19 FOR A UNITED STATES SAVINGS BOND, THE STATE
TREASURER MAY COMMENCE A CIVIL ACTION IN COMMONWEALTH COURT FOR
A DETERMINATION THAT THE UNITED STATES SAVINGS BOND SHALL
ESCHEAT TO THE COMMONWEALTH. THE STATE TREASURER MAY POSTPONE
BRINGING THE ACTION UNTIL SUFFICIENT UNITED STATES SAVINGS BONDS
HAVE ACCUMULATED TO JUSTIFY, IN THE STATE TREASURER'S OPINION,
THE EXPENSE OF THE PROCEEDINGS.
(E) THE STATE TREASURER SHALL MAKE SERVICE BY PUBLICATION OF
THE PROCEEDING IN ACCORDANCE WITH PA.R.C.P. NO. 430 (RELATING TO
SERVICE PURSUANT TO SPECIAL ORDER OF COURT. PUBLICATION). IN
ADDITION, THE NOTICE SHALL NAME ANY KNOWN OWNER, CO-OWNER OR
BENEFICIARY TO BE SERVED AND NOTIFY THE PERSON THAT:
1. THE PERSON HAS BEEN SUED IN COMMONWEALTH COURT;
2. THE PERSON SHALL ANSWER THE PETITION OR OTHER PLEADING OR
OTHERWISE DEFEND, ON OR BEFORE A SPECIFIED DATE, NOT LESS THAN
FORTY-ONE (41) DAYS AFTER THE DATE THE NOTICE IS FIRST
PUBLISHED;
3. IF THE PERSON DOES NOT ANSWER OR OTHERWISE RESPOND, THE
PETITION OR OTHER PLEADING SHALL BE TAKEN AS TRUE, AND JUDGMENT,
THE NATURE OF WHICH SHALL BE STATED, SHALL BE RENDERED
ACCORDINGLY.
(F) THE COMMONWEALTH COURT, IF SATISFIED BY EVIDENCE THAT
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THE STATE TREASURER HAS SUBSTANTIALLY COMPLIED WITH THE LAWS OF
THIS COMMONWEALTH, SHALL ENTER A JUDGMENT THAT THE UNITED STATES
SAVING BOND HAS ESCHEATED TO THE COMMONWEALTH IF:
1. NO PERSON FILES A CLAIM OR APPEARS AT THE HEARING TO
SUBSTANTIATE A CLAIM; OR
2. THE COMMONWEALTH COURT DETERMINES THAT A CLAIMANT IS NOT
ENTITLED TO THE PROPERTY CLAIMED BY THE CLAIMANT.
(G) THE STATE TREASURER SHALL REDEEM THE UNITED STATES
SAVINGS BONDS ESCHEATED TO THE COMMONWEALTH. THE PROCEEDS, MINUS
ADMINISTRATIVE EXPENSES AND EXPENSES INCURRED BY THE
COMMONWEALTH IN SECURING TITLE TO THE BONDS, FROM THE REDEMPTION
OF UNITED STATES SAVINGS BONDS SHALL BE DEPOSITED IN THE GENERAL
FUND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1301.18.
(H) NOTWITHSTANDING ANY LAW TO THE CONTRARY, A PERSON MAKING
A CLAIM FOR UNITED STATES SAVINGS BONDS ESCHEATED TO THE
COMMONWEALTH UNDER THIS SECTION, OR FOR THE PROCEEDS FROM THE
BONDS, MAY FILE A CLAIM WITH THE STATE TREASURER. UPON PROVIDING
SUFFICIENT PROOF OF THE VALIDITY OF THE PERSON'S CLAIM, THE
STATE TREASURER SHALL PAY THE CLAIM. IF PAYMENT HAS BEEN MADE TO
A CLAIMANT, NO ACTION SHALL BE MAINTAINED BY ANY OTHER CLAIMANT
AGAINST THE COMMONWEALTH OR ANY OFFICER OF THE COMMONWEALTH, FOR
OR ON ACCOUNT OF THE FUNDS.
SECTION 6. SECTION 1301.11A(B) AND (D) OF THE ACT, ADDED
JULY 10, 2014 (P.L.1053, NO.126), IS AMENDED TO READ:
SECTION 1301.11A. CERTIFICATE OF FINDER REGISTRATION.--* * *
(B) AN APPLICATION FOR A CERTIFICATE OF REGISTRATION SHALL
BE IN WRITING AND ON THE FORM PRESCRIBED BY THE STATE TREASURER
AND ACCOMPANIED BY A RECENT FULL FACE COLOR PHOTOGRAPH OF THE
APPLICANT. IN ADDITION TO INFORMATION THAT MAY BE REQUESTED BY
THE STATE TREASURER, THE APPLICATION SHALL PROVIDE THE
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FOLLOWING:
1. THE APPLICANT'S FULL NAME, TELEPHONE NUMBER, E-MAIL
ADDRESS, HOME ADDRESS AND WORK ADDRESS;
2. A STATEMENT THAT THE APPLICANT HAS NOT, DURING THE TEN-
YEAR (10) PERIOD IMMEDIATELY PRECEDING THE SUBMISSION OF THE
APPLICATION, VIOLATED A PROVISION OF THIS ARTICLE OR [HAS] BEEN
CONVICTED OF A FELONY OR AN OFFENSE OF:
(I) THEFT OR OTHER RELATED OFFENSES AGAINST PROPERTY AS
ENUMERATED UNDER 18 PA.C.S. CH. 39 (RELATING TO THEFT AND
RELATED OFFENSES) OR ITS EQUIVALENT IF COMMITTED IN ANOTHER
JURISDICTION;
(II) FORGERY OR OTHER FRAUDULENT PRACTICES AS ENUMERATED IN
18 PA.C.S. CH. 41 (RELATING TO FORGERY AND FRAUDULENT PRACTICES)
OR ITS EQUIVALENT IF COMMITTED IN ANOTHER JURISDICTION; OR
(III) PERJURY, FALSE SWEARING, FRAUD OR OTHER OFFENSE AS
ENUMERATED IN 18 PA.C.S. CH. 49 SUBCH. A (RELATING TO PERJURY
AND FALSIFICATION IN OFFICIAL MATTERS) OR ITS EQUIVALENT IF
COMMITTED IN ANOTHER JURISDICTION;
3. A STATEMENT THAT, TO THE APPLICANT'S KNOWLEDGE, THE
APPLICANT IS NOT THE SUBJECT OF AN ONGOING INVESTIGATION OR
PROSECUTION INVOLVING AN ALLEGED VIOLATION OF A PROVISION OF
THIS ARTICLE OR AN OFFENSE OF:
(I) THEFT OR OTHER RELATED OFFENSES AGAINST PROPERTY AS
ENUMERATED UNDER 18 PA.C.S. CH. 39 OR ITS EQUIVALENT IF
COMMITTED IN ANOTHER JURISDICTION;
(II) FORGERY OR OTHER FRAUDULENT PRACTICES AS ENUMERATED IN
18 PA.C.S. CH. 41 OR ITS EQUIVALENT IF COMMITTED IN ANOTHER
JURISDICTION; OR
(III) PERJURY, FALSE SWEARING, FRAUD OR OTHER OFFENSE AS
ENUMERATED IN 18 PA.C.S. CH. 49 SUBCH. A OR ITS EQUIVALENT IF
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COMMITTED IN ANOTHER JURISDICTION; AND
4. THE NOTARIZED SIGNATURE OF THE APPLICANT IMMEDIATELY
FOLLOWING AN ACKNOWLEDGMENT THAT A FALSE OR PERJURED STATEMENT
SUBJECTS THE APPLICANT TO CRIMINAL LIABILITY.
* * *
(D) A CERTIFICATE OF REGISTRATION WITH A UNIQUE REGISTRATION
NUMBER MAY BE ISSUED TO AN APPLICANT IF THE FOLLOWING CONDITIONS
ARE MET:
1. DURING THE TEN-YEAR (10) PERIOD IMMEDIATELY PRECEDING THE
SUBMISSION OF THE APPLICATION, THE APPLICANT HAS NOT VIOLATED A
PROVISION OF THIS ARTICLE OR [HAS] BEEN CONVICTED OF A FELONY OR
AN OFFENSE OF:
(I) THEFT OR OTHER RELATED OFFENSES AGAINST PROPERTY AS
ENUMERATED UNDER 18 PA.C.S. CH. 39 OR ITS EQUIVALENT IF
COMMITTED IN ANOTHER JURISDICTION;
(II) FORGERY OR OTHER FRAUDULENT PRACTICES AS ENUMERATED IN
18 PA.C.S. CH. 41 OR ITS EQUIVALENT IF COMMITTED IN ANOTHER
JURISDICTION; OR
(III) PERJURY, FALSE SWEARING, FRAUD OR OTHER OFFENSE AS
ENUMERATED IN 18 PA.C.S. CH. 49 SUBCH. A OR ITS EQUIVALENT IF
COMMITTED IN ANOTHER JURISDICTION; AND
2. THE APPLICANT HAS EXECUTED A SWORN STATEMENT THAT IS A
COMMITMENT TO CONDUCT HIS ACTIONS AS A FINDER OF ABANDONED AND
UNCLAIMED PROPERTY IN COMPLIANCE WITH THIS ARTICLE AND THE
REGULATIONS PROMULGATED UNDER THIS ARTICLE.
* * *
SECTION 7. SECTION 1301.12 OF THE ACT, AMENDED JUNE 29, 2002
(P.L.614, NO.91), NOVEMBER 9, 2006 (P.L.1335, NO.138) AND
OCTOBER 9, 2009 (P.L.537, NO.50) IS AMENDED TO READ:
SECTION 1301.12. NOTICE AND PUBLICATION OF LISTS OF PROPERTY
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SUBJECT TO CUSTODY AND CONTROL OF THE COMMONWEALTH UNDER THIS
ARTICLE.--(A) WITHIN TWELVE (12) MONTHS FROM THE FILING OF THE
REPORT REQUIRED BY SECTION 1301.11, THE STATE TREASURER SHALL
CAUSE NOTICE TO BE PUBLISHED AT LEAST ONCE IN A LEGAL NEWSPAPER
AS WELL AS AN ENGLISH LANGUAGE NEWSPAPER OF GENERAL CIRCULATION
IN THE COUNTY IN WHICH THE OWNER OF THE PROPERTY HAD A LAST
KNOWN ADDRESS APPEARING FROM THE VERIFIED REPORT FILED BY THE
HOLDER OR, IF THERE IS NO NAME OR ADDRESS OR THE OWNER IS NOT A
PENNSYLVANIA RESIDENT, THEN AT LEAST ONE TIME IN THE
PENNSYLVANIA BULLETIN. NOTICE SHALL ALSO BE POSTED ON THE
INTERNET WEBSITE OF THE TREASURY DEPARTMENT.
(B) THE PUBLISHED NOTICE SHALL BE ENTITLED "NOTICE OF NAMES
OF PERSONS APPEARING TO BE OWNERS OF ABANDONED AND UNCLAIMED
PROPERTY," AND SHALL CONTAIN:
1. THE NAMES [AND LAST KNOWN ADDRESSES, IF ANY,] OF PERSONS
LISTED IN THE REPORT AND ENTITLED TO NOTICE WITHIN THE COUNTY AS
HEREINBEFORE SPECIFIED AND THE NAME AND ADDRESS OF THE HOLDER;
2. A STATEMENT THAT INFORMATION CONCERNING THE AMOUNT OR
DESCRIPTION OF THE PROPERTY AND THE NAME AND ADDRESS OF THE
HOLDER MAY BE OBTAINED BY ANY PERSONS POSSESSING AN INTEREST IN
THE PROPERTY BY ADDRESSING AN INQUIRY TO THE HOLDER;
3. A STATEMENT THAT A PROOF OF CLAIM SHOULD BE PRESENTED BY
THE OWNER TO THE HOLDER WITHIN THREE (3) MONTHS FROM THE DATE OF
THE PUBLISHED NOTICE, AND THAT THEREAFTER CLAIMS SHOULD BE FILED
WITH THE STATE TREASURER.
(C) THE STATE TREASURER IS NOT REQUIRED TO INCLUDE IN SUCH
NOTICE PUBLISHED IN AN ENGLISH LANGUAGE NEWSPAPER OF GENERAL
CIRCULATION ANY ITEM OF LESS THAN TWO HUNDRED FIFTY DOLLARS
($250) OR TO INCLUDE IN SUCH NOTICE PUBLISHED IN A LEGAL
NEWSPAPER ANY ITEM OF LESS THAN TWO HUNDRED FIFTY DOLLARS
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($250), UNLESS THE STATE TREASURER, IN EITHER INSTANCE, DEEMS
SUCH PUBLICATION TO BE IN THE PUBLIC INTEREST.
(D) WITHIN NINE (9) MONTHS FROM THE RECEIPT OF THE REPORT
REQUIRED BY SECTION 1301.11, THE STATE TREASURER SHALL MAIL A
NOTICE TO EACH PERSON HAVING AN ADDRESS LISTED WHO APPEARS TO BE
ENTITLED TO PROPERTY OF THE VALUE OF TWO HUNDRED FIFTY DOLLARS
($250) OR MORE SUBJECT TO CUSTODY AND CONTROL OF THE
COMMONWEALTH UNDER THIS ARTICLE. THE MAILED NOTICE SHALL
CONTAIN:
1. A STATEMENT THAT, ACCORDING TO A REPORT FILED WITH THE
STATE TREASURER, PROPERTY IS BEING HELD TO WHICH THE ADDRESSEE
APPEARS ENTITLED;
2. THE NAME AND ADDRESS OF THE HOLDER OF THE PROPERTY AND
ANY NECESSARY INFORMATION REGARDING CHANGES OF NAME AND ADDRESS
OF THE HOLDER;
3. A STATEMENT THAT, IF SATISFACTORY PROOF OF CLAIM IS NOT
PRESENTED BY THE OWNER TO THE HOLDER BY THE DATE SPECIFIED IN
THE PUBLISHED NOTICE, CLAIMS SHOULD THEREAFTER BE FILED WITH THE
STATE TREASURER.
(E) THIS SECTION IS NOT APPLICABLE TO SUMS PAYABLE ON
TRAVELERS CHECKS AND MONEY ORDERS OR TO PROPERTY REPORTED TO BE
WITHOUT A RIGHTFUL OR LAWFUL OWNER.
(F) COMPLIANCE WITH THE PUBLICATION REQUIREMENTS OF THIS
SECTION SHALL BE BASED ON THE BEST AVAILABLE COMMERCIAL RATES
AND SUBJECT TO AVAILABLE APPROPRIATIONS.
SECTION 8. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XVI-B.1
CAPITAL FACILITIES
SECTION 1601-B.1. APPLICATIONS.
NOTWITHSTANDING SECTION 318 OF THE ACT OF FEBRUARY 9, 1999
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