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SENATE AMENDED
A02155
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
336
Session of
2021
INTRODUCED BY R. MACKENZIE, GROVE, JAMES, MENTZER, MILLARD,
MOUL, PICKETT, ROTHMAN, RYAN AND ZIMMERMAN, JANUARY 29, 2021
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 25, 2021
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in administrative organization, further
providing for executive officers, administrative departments
and independent administrative boards and commissions, for
departmental administrative boards, commissions and offices,
for department heads and for gubernatorial appointments; in
organization of departmental administrative boards and
commissions and of advisory boards and commissions, further
providing for board to license private bankers; in
Commonwealth agency fees, further providing for Department of
Banking and for Pennsylvania Securities Commission; in powers
and duties of the Department of Banking and its departmental
administrative board and commission, further providing for
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powers and duties in general, for banking supervisory powers
and for banking laws; repealing provisions relating to powers
and duties of the Pennsylvania Securities Commission; and
making editorial changes.
AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED
"AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE
EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE
EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE
DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,
INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR
TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR
AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE
DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND
DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE
OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,
BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
AND COMMISSIONS; PROVIDING FOR JUDICIAL ADMINISTRATION; AND
PRESCRIBING THE MANNER IN WHICH THE NUMBER AND COMPENSATION
OF THE DEPUTIES AND ALL OTHER ASSISTANTS AND EMPLOYES OF
CERTAIN DEPARTMENTS, BOARDS AND COMMISSIONS SHALL BE
DETERMINED," IN ADMINISTRATIVE ORGANIZATION, FURTHER
PROVIDING FOR EXECUTIVE OFFICERS, ADMINISTRATIVE DEPARTMENTS
AND INDEPENDENT ADMINISTRATIVE BOARDS AND COMMISSIONS, FOR
DEPARTMENTAL ADMINISTRATIVE BOARDS, COMMISSIONS AND OFFICES,
FOR DEPARTMENT HEADS AND FOR GUBERNATORIAL APPOINTMENTS; IN
ORGANIZATION OF INDEPENDENT ADMINISTRATIVE BOARDS AND
COMMISSIONS, FURTHER PROVIDING FOR PENNSYLVANIA COMMISSION ON
CRIME AND DELINQUENCY; IN ORGANIZATION OF DEPARTMENTAL
ADMINISTRATIVE BOARDS AND COMMISSIONS AND OF ADVISORY BOARDS
AND COMMISSIONS, REPEALING PROVISIONS RELATING TO BOARD OF
LICENSE PRIVATE BANKERS; PROVIDING FOR THE PENNSYLVANIA
EMERGENCY MANAGEMENT AGENCY AND FOR FLOOD PLAIN MANAGEMENT BY
THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY; IN COMMONWEALTH
AGENCY FEES, FURTHER PROVIDING FOR DEPARTMENT OF BANKING AND
FOR PENNSYLVANIA SECURITIES COMMISSION; IN INDEPENDENT FISCAL
OFFICE, FURTHER PROVIDING FOR DEFINITIONS, FOR REVENUE
ESTIMATES AND FOR ADDITIONAL DUTIES; IN POWERS AND DUTIES OF
THE GOVERNOR AND OTHER CONSTITUTIONAL OFFICERS OF THE
EXECUTIVE BOARD AND OF THE PENNSYLVANIA STATE POLICE, FURTHER
PROVIDING FOR AUDITOR GENERAL; IN POWERS AND DUTIES OF THE
DEPARTMENT OF STATE AND ITS DEPARTMENTAL ADMINISTRATIVE
BOARD, FURTHER PROVIDING FOR POWERS AND DUTIES IN GENERAL AND
PROVIDING FOR EQUITY REPORTING; IN POWERS AND DUTIES OF THE
DEPARTMENT OF JUSTICE AND ITS DEPARTMENTAL ADMINISTRATIVE
BOARDS, PROVIDING FOR DUTY OF ATTORNEY GENERAL TO DEFEND
ACTIONS; IN POWERS AND DUTIES OF THE DEPARTMENT OF BANKING,
FURTHER PROVIDING FOR POWERS AND DUTIES IN GENERAL FOR
BANKING SUPERVISORY POWERS AND FOR BANKING LAWS; IN POWERS
AND DUTIES OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES, ITS
OFFICERS AND DEPARTMENTAL AND ADVISORY BOARDS AND
COMMISSIONS, PROVIDING FOR GENERAL PERMIT FOR TRANSFER,
STORAGE OR PROCESSING OF OIL AND GAS LIQUID WASTE; IN POWERS
AND DUTIES OF DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES, PROVIDING FOR PROJECT 70; IN POWERS AND DUTIES OF
THE DEPARTMENT OF LABOR AND INDUSTRY, ITS DEPARTMENTAL
ADMINISTRATIVE AND ADVISORY BOARDS AND DEPARTMENTAL
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ADMINISTRATIVE OFFICERS, PROVIDING FOR ABROGATION OF
DEPARTMENT REGULATIONS; IN POWERS AND DUTIES OF THE
DEPARTMENT OF PUBLIC WELFARE AND ITS DEPARTMENTAL AND
ADVISORY BOARDS AND COMMISSIONS, PROVIDING FOR WAIVER
GUIDANCE; IN POWERS AND DUTIES OF THE DEPARTMENT OF DRUG AND
ALCOHOL PROGRAMS, PROVIDING FOR SERVICE ALIGNMENT; IN POWERS
AND DUTIES OF THE DEPARTMENT OF GENERAL SERVICES AND ITS
DEPARTMENTAL ADMINISTRATIVE AND ADVISORY BOARDS AND
COMMISSIONS, FURTHER PROVIDING FOR DEPARTMENT OF
ENVIRONMENTAL RESOURCES POWERS NOT AFFECTED; IN POWERS AND
DUTIES OF DEPARTMENT OF REVENUE, REPEALING PROVISIONS
RELATING TO VEHICLE AND TRACTOR CODES; IN POWERS AND DUTIES
OF THE DEPARTMENT OF COMMUNITY AFFAIRS, ITS DEPARTMENTAL
BOARDS, BUREAUS AND AGENCIES, FURTHER PROVIDING FOR POWERS
AND DUTIES IN GENERAL; PROVIDING FOR UNITED STATES
SEMIQUINCENTENNIAL; MAKING RELATED REPEALS; AND MAKING
EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 201(a), 202, 206, 207.1(d)(1) and (2),
428, 603-A, 615-A, Article XVI heading and sections 1601, 1602
introductory paragraph and 1603 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, are
amended to read:
Section 201. Executive Officers, Administrative Departments
and Independent Administrative Boards and Commissions.--(a) The
executive and administrative work of this Commonwealth shall be
performed by the Executive Department, consisting of the
Governor, Lieutenant Governor, Secretary of the Commonwealth,
Attorney General, Auditor General, State Treasurer, and
Secretary of Education; by the Executive Board, and the
Pennsylvania State Police; by the following administrative
departments: Department of State, Office of Attorney General,
Department of Corrections, Department of the Auditor General,
Treasury Department, Department of Education, Department of
Military Affairs, Insurance Department, Department of Banking
and Securities, Department of Agriculture, Department of
Transportation, Department of Health, Department of Drug and
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Alcohol Programs, Department of Labor and Industry, Department
of Aging, Department of Public Welfare, Department of General
Services, Department of Revenue, Department of Community and
Economic Development, Department of Environmental Protection and
Department of Conservation and Natural Resources; and by the
following independent administrative boards and commissions:
Pennsylvania Game Commission, Pennsylvania Fish and Boat
Commission, State Civil Service Commission[,] and Pennsylvania
Public Utility Commission [and the Pennsylvania Securities
Commission].
* * *
Section 202. Departmental Administrative Boards,
Commissions, and Offices.--The following boards, commissions,
and offices are hereby placed and made departmental
administrative boards, commissions, or offices, as the case may
be, in the respective administrative departments mentioned in
the preceding section, as follows:
In the Department of State,
Commissioner of Professional and Occupational Affairs,
State Real Estate Commission,
State Board of Medical Education and Licensure,
State Board of Physical Therapy Examiners,
State Board of Pharmacy,
State Dental Council and Examining Board,
State Board of Optometrical Examiners,
State Board of Osteopathic Medical Examiners,
State Board of Nurse Examiners,
State Board of Barber Examiners,
State Board of Cosmetology,
State Board of Veterinary Medical Examiners,
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State Board of Chiropractic Examiners,
State Board of Podiatry Examiners,
State Board of Examiners of Public Accountants,
State Board of Examiners of Architects,
State Registration Board for Professional Engineers,
State Board of Funeral Directors,
State Board of Examiners of Nursing Home Administrators,
State Board of Auctioneer Examiners,
State Board of Psychologist Examiners,
State Board of Landscape Architects.
In the Department of Justice,
In the Treasury Department,
Board of Finance and Revenue;
In the Department of Community Affairs,
Board of Property;
In the Department of Education,
Board of Trustees of Thaddeus Stevens College of
Technology,
Board of Trustees of Scranton State School for the Deaf,
Public Service Institute Board,
State Board of Private Academic Schools,
State Board of Private Licensed Schools,
State Board of Education.
In the Department of Military and Veterans Affairs,
Armory Board of the State of Pennsylvania,
Board of Trustees of Scotland School for Veterans'
Children.
In the Department of Banking and Securities,
[Board to License Private Bankers;]
In the Department of Agriculture,
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State Farm Products Show Commission;
In the Department of Health,
In the Department of Labor and Industry,
Workmen's Compensation Appeal Board,
State Workmen's Insurance Board,
The Industrial Board,
Unemployment Compensation Board of Review,
Pennsylvania Labor Relations Board,
Advisory Council on Affairs of the Handicapped;
In the Department of Public Welfare,
Board of Trustees of The Western Youth Development
Centers,
Board of Trustees of The Central Youth Development
Centers,
Board of Trustees of The Eastern Youth Development
Centers,
Board of Trustees of Allentown State Hospital,
Board of Trustees of Clarks Summit State Hospital,
Board of Trustees of Danville State Hospital,
Board of Trustees of Embreeville Center,
Board of Trustees of Farview State Hospital,
Board of Trustees of Harrisburg State Hospital,
Board of Trustees of Mayview State Hospital,
Board of Trustees of Norristown State Hospital,
Board of Trustees of Philadelphia State Hospital,
Board of Trustees of Somerset State Hospital,
Board of Trustees of Warren State Hospital,
Board of Trustees of Wernersville State Hospital,
Board of Trustees of Woodville State Hospital,
Board of Trustees of Torrance State Hospital,
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Board of Trustees of Haverford State Hospital,
Board of Trustees of Ashland State General Hospital,
Board of Trustees of Coaldale State General Hospital,
Board of Trustees of Nanticoke State General Hospital,
Board of Trustees of Philipsburg State General Hospital,
Board of Trustees of Scranton State General Hospital,
Board of Trustees of Shamokin State General Hospital,
Board of Trustees of Ebensburg Center,
Board of Trustees of Eastern State School and Hospital,
Board of Trustees of Laurelton Center,
Board of Trustees of Pennhurst Center,
Board of Trustees of Polk Center,
Board of Trustees of Selinsgrove Center,
Board of Trustees of Hamburg Center,
Board of Trustees of Western Center,
Board of Trustees of White Haven Center,
Board of Trustees of Woodhaven Center,
Board of Trustees of South Mountain Restoration Center.
In the Department of General Services,
Board of Commissioners of Public Grounds and Buildings,
State Art Commission;
In the Department of Revenue,
State Athletic Commission;
In the Department of Commerce,
Navigation Commission for the Delaware River and its
navigable tributaries;
In the Department of Highways,
State Highway Commission.
In the Department of Transportation,
Hazardous Substances Transportation Board,
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In the Department of Environmental Resources,
Environmental Quality Board,
Environmental Hearing Board,
State Board for Certification of Sewage Treatment and
Waterworks Operators,
State Soil and Water Conservation Commission,
Anthracite Mine Inspectors,
Bituminous Mine Inspectors.
In the Department of Drug and Alcohol Programs,
Bureau of Prevention and Intervention,
Bureau of Treatment,
Bureau of Administration.
All of the foregoing departmental administrative boards and
commissions shall be organized or reorganized as provided in
this act.
Section 206. Department Heads.--Each administrative
department shall have as its head an officer who shall, either
personally, by deputy, or by the duly authorized agent or
employe of the department, and subject at all times to the
provisions of this act, exercise the powers and perform the
duties by law vested in and imposed upon the department.
The following officers shall be the heads of the
administrative departments following their respective titles:
Secretary of the Commonwealth, of the Department of State;
Auditor General, of the Department of the Auditor General;
State Treasurer, of the Treasury Department;
Attorney General, of the Office of Attorney General;
Secretary of Education, of the Department of Education;
Adjutant General, of the Department of Military Affairs;
Insurance Commissioner, of the Insurance Department;
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Secretary of Banking and Securities, of the Department of
Banking and Securities;
Secretary of Agriculture, of the Department of Agriculture;
Secretary of Transportation, of the Department of
Transportation;
Secretary of Health, of the Department of Health;
Secretary of Drug and Alcohol Programs, of the
Department of Drug and Alcohol Programs;
Secretary of Labor and Industry, of the Department of Labor
and Industry;
Secretary of Aging, of the Department of Aging;
Secretary of Public Welfare, of the Department of Public
Welfare;
Secretary of Revenue, of the Department of Revenue;
Secretary of Community and Economic Development, of the
Department of Community and Economic Development;
Secretary of Environmental Protection, of the Department of
Environmental Protection;
Secretary of Conservation and Natural Resources, of the
Department of Conservation and Natural Resources;
Secretary of General Services, of the Department of General
Services;
Secretary of Corrections, of the Department of Corrections.
Section 207.1. Gubernatorial Appointments.--* * *
(d) The Governor shall nominate in accordance with the
provisions of the Constitution of the Commonwealth of
Pennsylvania and, by and with the advice and consent of a
majority of the members elected to the Senate appoint persons to
fill the following positions:
(1) The Secretary of Education, the Secretary of the
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Commonwealth, the Adjutant General, the Insurance Commissioner,
the Secretary of Banking and Securities, the Secretary of
Agriculture, the Secretary of Transportation, the Secretary of
Health, the Secretary of Drug and Alcohol Programs, the
Commissioner of the State Police, the Secretary of Corrections,
the Secretary of Labor and Industry, the Secretary of Aging, the
Secretary of Public Welfare, the Secretary of General Services,
the Secretary of Revenue, the Secretary of Community and
Economic Development, the Secretary of Environmental Protection
and the Secretary of Conservation and Natural Resources.
(2) Those members which he is authorized to appoint to the
Board of Pardons, the Board of Probation and Parole, the State
Civil Service Commission, the State Horse Racing Commission, the
State Harness Racing Commission, the Board of Claims, [the
Pennsylvania Securities Commission,] the Pennsylvania Industrial
Development Authority, the State Board of Education, the Board
of Governors of the State System of Higher Education, the Board
of Trustees of Pennsylvania State University, the Board of
Trustees of the University of Pittsburgh, the Board of Trustees
of Temple University, the Board of Trustees of Lincoln
University, the Environmental Hearing Board, the Pennsylvania
Fish and Boat Commission, the Pennsylvania Game Commission, the
Pennsylvania Labor Relations Board, the Pennsylvania Public
Utility Commission, the Industrial Board, the Milk Marketing
Board, the Unemployment Compensation Board of Review, the
Workers' Compensation Appeals Board, the State Art Commission,
the State Transportation Commission and the Pennsylvania Human
Relations Commission.
* * *
[Section 428. Board to License Private Bankers.--The Board
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to License Private Bankers shall consist of the Secretary of
Banking, who shall be chairman thereof, the Secretary of the
Commonwealth, and the State Treasurer.]
Section 603-A. Department of Banking and Securities.--The
Department of Banking and Securities is authorized to charge
fees for the following purposes and in the following amounts:
(1) Consumer discount companies:
(i) Initial license ....................... $500.00
(ii) Additional licenses for each business
location ............................... 500.00
(iii) Annual license renewal .............. 350.00
(2) Motor vehicle sales finance:
(i) Initial license for sales finance
company ................................ 500.00
Annual license renewal ................. 350.00
(ii) License for installment seller ....... 250.00
Annual license renewal ................. 250.00
(iii) Initial license collector-
repossessor ............................ 350.00
Annual license renewal ................. 250.00
(3) Pawnbroker:
(i) Initial license for pawnbroker ........ 500.00
Annual license renewal ................. 250.00
[(4) Money transmitter:
(i) Initial license for money
transmitter ............................ 2,000.00
Annual license renewal ................. 2,000.00
(5) Secondary mortgage loan company:
(i) Initial license for principal place of
business and each branch office ........ 500.00
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Annual license renewal ................. 350.00
(6) Secondary mortgage loan broker:
(i) Initial license for principal place of
business ............................... 500.00
Annual license renewal ................. 200.00
(ii) Each branch office ................... 50.00
Annual branch renewal .................. 25.00
(7) First Mortgage Banker:
(i) Initial license for principal place of
business and each branch office ........ 500.00
Annual license renewal ................. 350.00
(8) First mortgage broker:
(i) Initial license fee for principal place
of business ............................ 500.00
Annual license renewal ................. 200.00
(ii) Each branch office ................... 50.00
Annual branch renewal .................. 25.00]
(9) Takeover Disclosure Law:
(i) For an offer valued at less than
$5,000,000 ............................. 1,500.00
(ii) For an offer valued at $5,000,000 or
more, but less than $10,000,000 ........ 2,000.00
(iii) For an offer valued at $10,000,000 or
more, but less than $25,000,000 ........ 3,000.00
(iv) For an offer valued at $25,000,000 or
more ................................... 5,000.00
(v) The fee for filing a notice under
section 8(a) of the act of March 3, 1976
(P.L.42, No.19), known as the "Takeover
Disclosure Law" ....................... 100.00
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(vi) Any target company making any filing
pursuant to section 6 of the "Takeover
Disclosure Law," payable at the time of
the initial filing .................... 500.00
(vii) A registrant, applicant for
registration, issuer or other person
upon whom the department has conducted
an examination, audit, investigation or
prosecution and who has been found
guilty of a violation of the provisions
of this act shall pay for all the costs
incurred in the conduct of such
examination, audit, investigation or
prosecution. These costs shall include,
but are not limited to, the salaries and
other compensation paid to clerical,
administrative, investigative and legal
personnel, plus the actual amount of
expenses reasonably incurred by such
personnel or the department in the
conduct of such examination, audit,
investigation or prosecution
(viii) The fee for requesting an order
issued by the department under section
8(b) of the "Takeover Disclosure Law" . . 100.00
[Section 615-A. Pennsylvania Securities Commission.--The
Pennsylvania Securities Commission is authorized to charge fees
for the following purposes and in the following amounts:
(i) For an offer valued at less than
$5,000,000 ............................. 1,500.00
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(ii) For an offer valued at $5,000,000 or
more, but less than $10,000,000 ........ 2,000.00
(iii) For an offer valued at $10,000,000 or
more, but less than $25,000,000 ........ 3,000.00
(iv) For an offer valued at $25,000,000 or
more ................................... 5,000.00
(v) The fee for filing a notice under
section 8(a) of the act of March 3, 1976
(P.L.42, No.19), known as the "Takeover
Disclosure Law" ........................ 100.00
(vi) Any target company making any filing
pursuant to section 6, of the "Takeover
Disclosure Law," payable at the time of
the initial filing ..................... 500.00
(vii) A registrant, applicant for
registration, issuer or other person
upon whom the commission has conducted
an examination, audit, investigation or
prosecution and who has been found
guilty of a violation of the provisions
of this act shall pay for all the costs
incurred in the conduct of such
examination, audit, investigation or
prosecution. These costs shall include,
but are not limited to, the salaries and
other compensation paid to clerical,
administrative, investigative and legal
personnel, plus the actual amount of
expenses reasonably incurred by such
personnel or the commission in the
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conduct of such examination, audit,
investigation or prosecution
(viii) The fee for requesting an order
issued by the commission under section
8(b) of the "Takeover Disclosure Law" . . 100.00]
ARTICLE XVI
POWERS AND DUTIES OF THE DEPARTMENT
OF BANKING AND SECURITIES AND ITS DEPARTMENTAL
ADMINISTRATIVE BOARD AND COMMISSION
Section 1601. Powers and Duties in General.--The Department
of Banking and Securities shall, subject to any inconsistent
provisions in this act contained, continue to exercise the
powers and perform the duties by law vested in and imposed upon
the said department, the Banking Department, the Commissioner of
Banking, and the Secretary of Banking and the Pennsylvania
Securities Commission.
Section 1602. Banking Supervisory Powers.--The Department of
Banking and Securities shall have supervision over:
* * *
Section 1603. Banking Laws.--The Department of Banking and
Securities shall enforce and administer the laws of this
Commonwealth in relation to all corporations and persons under
its jurisdiction, and shall see that the greatest possible
safety is afforded to depositors therein or therewith, and to
other interested persons.
Section 2. Article XXVIII-B of the act is repealed:
[ARTICLE XXVIII-B
POWERS AND DUTIES OF THE PENNSYLVANIA
SECURITIES COMMISSION
Section 2801-B. Pennsylvania Securities Commission.--The
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Pennsylvania Securities Commission shall continue to exercise
the powers and perform the duties vested in and imposed upon
such commission by law.]
Section 3. This act shall take effect in 60 days.
SECTION 1. SECTIONS 201(A), 202, 206, 207.1(D)(1) AND (2)
AND 310 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS
THE ADMINISTRATIVE CODE OF 1929, ARE AMENDED TO READ:
SECTION 201. EXECUTIVE OFFICERS, ADMINISTRATIVE DEPARTMENTS
AND INDEPENDENT ADMINISTRATIVE BOARDS AND COMMISSIONS.--(A) THE
EXECUTIVE AND ADMINISTRATIVE WORK OF THIS COMMONWEALTH SHALL BE
PERFORMED BY THE EXECUTIVE DEPARTMENT, CONSISTING OF THE
GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF THE COMMONWEALTH,
ATTORNEY GENERAL, AUDITOR GENERAL, STATE TREASURER, AND
SECRETARY OF EDUCATION; BY THE EXECUTIVE BOARD, AND THE
PENNSYLVANIA STATE POLICE; BY THE FOLLOWING ADMINISTRATIVE
DEPARTMENTS: DEPARTMENT OF STATE, OFFICE OF ATTORNEY GENERAL,
DEPARTMENT OF CORRECTIONS, DEPARTMENT OF THE AUDITOR GENERAL,
TREASURY DEPARTMENT, DEPARTMENT OF EDUCATION, DEPARTMENT OF
MILITARY AFFAIRS, INSURANCE DEPARTMENT, DEPARTMENT OF BANKING
AND SECURITIES, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF
TRANSPORTATION, DEPARTMENT OF HEALTH, DEPARTMENT OF DRUG AND
ALCOHOL PROGRAMS, DEPARTMENT OF LABOR AND INDUSTRY, DEPARTMENT
OF AGING, DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES,
DEPARTMENT OF GENERAL SERVICES, DEPARTMENT OF REVENUE,
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND DEPARTMENT OF CONSERVATION AND
NATURAL RESOURCES; AND BY THE FOLLOWING INDEPENDENT
ADMINISTRATIVE BOARDS AND COMMISSIONS: PENNSYLVANIA GAME
COMMISSION, PENNSYLVANIA FISH AND BOAT COMMISSION, STATE CIVIL
SERVICE COMMISSION[,] AND PENNSYLVANIA PUBLIC UTILITY COMMISSION
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[AND THE PENNSYLVANIA SECURITIES COMMISSION].
* * *
SECTION 202. DEPARTMENTAL ADMINISTRATIVE BOARDS,
COMMISSIONS, AND OFFICES.--THE FOLLOWING BOARDS, COMMISSIONS,
AND OFFICES ARE HEREBY PLACED AND MADE DEPARTMENTAL
ADMINISTRATIVE BOARDS, COMMISSIONS, OR OFFICES, AS THE CASE MAY
BE, IN THE RESPECTIVE ADMINISTRATIVE DEPARTMENTS MENTIONED IN
THE PRECEDING SECTION, AS FOLLOWS:
IN THE DEPARTMENT OF STATE,
COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS,
STATE REAL ESTATE COMMISSION,
STATE BOARD OF MEDICAL EDUCATION AND LICENSURE,
STATE BOARD OF PHYSICAL THERAPY EXAMINERS,
STATE BOARD OF PHARMACY,
STATE DENTAL COUNCIL AND EXAMINING BOARD,
STATE BOARD OF OPTOMETRICAL EXAMINERS,
STATE BOARD OF OSTEOPATHIC MEDICAL EXAMINERS,
STATE BOARD OF NURSE EXAMINERS,
STATE BOARD OF BARBER EXAMINERS,
STATE BOARD OF COSMETOLOGY,
STATE BOARD OF VETERINARY MEDICAL EXAMINERS,
STATE BOARD OF CHIROPRACTIC EXAMINERS,
STATE BOARD OF PODIATRY EXAMINERS,
STATE BOARD OF EXAMINERS OF PUBLIC ACCOUNTANTS,
STATE BOARD OF EXAMINERS OF ARCHITECTS,
STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS,
STATE BOARD OF FUNERAL DIRECTORS,
STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS,
STATE BOARD OF AUCTIONEER EXAMINERS,
STATE BOARD OF PSYCHOLOGIST EXAMINERS,
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STATE BOARD OF LANDSCAPE ARCHITECTS.
IN THE DEPARTMENT OF JUSTICE,
IN THE TREASURY DEPARTMENT,
BOARD OF FINANCE AND REVENUE;
IN THE DEPARTMENT OF COMMUNITY AFFAIRS,
BOARD OF PROPERTY;
IN THE DEPARTMENT OF EDUCATION,
BOARD OF TRUSTEES OF THADDEUS STEVENS COLLEGE OF
TECHNOLOGY,
BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR THE DEAF,
PUBLIC SERVICE INSTITUTE BOARD,
STATE BOARD OF PRIVATE ACADEMIC SCHOOLS,
STATE BOARD OF PRIVATE LICENSED SCHOOLS,
STATE BOARD OF EDUCATION.
IN THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS,
ARMORY BOARD OF THE STATE OF PENNSYLVANIA,
BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR VETERANS'
CHILDREN.
IN THE DEPARTMENT OF BANKING AND SECURITIES,
[BOARD TO LICENSE PRIVATE BANKERS;]
IN THE DEPARTMENT OF AGRICULTURE,
STATE FARM PRODUCTS SHOW COMMISSION;
IN THE DEPARTMENT OF HEALTH,
IN THE DEPARTMENT OF LABOR AND INDUSTRY,
WORKMEN'S COMPENSATION APPEAL BOARD,
STATE WORKMEN'S INSURANCE BOARD,
THE INDUSTRIAL BOARD,
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW,
PENNSYLVANIA LABOR RELATIONS BOARD,
ADVISORY COUNCIL ON AFFAIRS OF THE HANDICAPPED;
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IN THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES,
BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT
CENTERS,
BOARD OF TRUSTEES OF THE CENTRAL YOUTH DEVELOPMENT
CENTERS,
BOARD OF TRUSTEES OF THE EASTERN YOUTH DEVELOPMENT
CENTERS,
BOARD OF TRUSTEES OF ALLENTOWN STATE HOSPITAL,
BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL,
BOARD OF TRUSTEES OF DANVILLE STATE HOSPITAL,
BOARD OF TRUSTEES OF EMBREEVILLE CENTER,
BOARD OF TRUSTEES OF FARVIEW STATE HOSPITAL,
BOARD OF TRUSTEES OF HARRISBURG STATE HOSPITAL,
BOARD OF TRUSTEES OF MAYVIEW STATE HOSPITAL,
BOARD OF TRUSTEES OF NORRISTOWN STATE HOSPITAL,
BOARD OF TRUSTEES OF PHILADELPHIA STATE HOSPITAL,
BOARD OF TRUSTEES OF SOMERSET STATE HOSPITAL,
BOARD OF TRUSTEES OF WARREN STATE HOSPITAL,
BOARD OF TRUSTEES OF WERNERSVILLE STATE HOSPITAL,
BOARD OF TRUSTEES OF WOODVILLE STATE HOSPITAL,
BOARD OF TRUSTEES OF TORRANCE STATE HOSPITAL,
BOARD OF TRUSTEES OF HAVERFORD STATE HOSPITAL,
BOARD OF TRUSTEES OF ASHLAND STATE GENERAL HOSPITAL,
BOARD OF TRUSTEES OF COALDALE STATE GENERAL HOSPITAL,
BOARD OF TRUSTEES OF NANTICOKE STATE GENERAL HOSPITAL,
BOARD OF TRUSTEES OF PHILIPSBURG STATE GENERAL HOSPITAL,
BOARD OF TRUSTEES OF SCRANTON STATE GENERAL HOSPITAL,
BOARD OF TRUSTEES OF SHAMOKIN STATE GENERAL HOSPITAL,
BOARD OF TRUSTEES OF EBENSBURG CENTER,
BOARD OF TRUSTEES OF EASTERN STATE SCHOOL AND HOSPITAL,
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BOARD OF TRUSTEES OF LAURELTON CENTER,
BOARD OF TRUSTEES OF PENNHURST CENTER,
BOARD OF TRUSTEES OF POLK CENTER,
BOARD OF TRUSTEES OF SELINSGROVE CENTER,
BOARD OF TRUSTEES OF HAMBURG CENTER,
BOARD OF TRUSTEES OF WESTERN CENTER,
BOARD OF TRUSTEES OF WHITE HAVEN CENTER,
BOARD OF TRUSTEES OF WOODHAVEN CENTER,
BOARD OF TRUSTEES OF SOUTH MOUNTAIN RESTORATION CENTER.
IN THE DEPARTMENT OF GENERAL SERVICES,
BOARD OF COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS,
STATE ART COMMISSION;
IN THE DEPARTMENT OF REVENUE,
STATE ATHLETIC COMMISSION;
IN THE DEPARTMENT OF COMMERCE,
NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS
NAVIGABLE TRIBUTARIES;
IN THE DEPARTMENT OF HIGHWAYS,
STATE HIGHWAY COMMISSION.
IN THE DEPARTMENT OF TRANSPORTATION,
HAZARDOUS SUBSTANCES TRANSPORTATION BOARD,
IN THE DEPARTMENT OF ENVIRONMENTAL RESOURCES,
ENVIRONMENTAL QUALITY BOARD,
ENVIRONMENTAL HEARING BOARD,
STATE BOARD FOR CERTIFICATION OF SEWAGE TREATMENT AND
WATERWORKS OPERATORS,
STATE SOIL AND WATER CONSERVATION COMMISSION,
ANTHRACITE MINE INSPECTORS,
BITUMINOUS MINE INSPECTORS.
IN THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS,
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BUREAU OF PREVENTION AND INTERVENTION,
BUREAU OF TREATMENT,
BUREAU OF ADMINISTRATION.
ALL OF THE FOREGOING DEPARTMENTAL ADMINISTRATIVE BOARDS AND
COMMISSIONS SHALL BE ORGANIZED OR REORGANIZED AS PROVIDED IN
THIS ACT.
SECTION 206. DEPARTMENT HEADS.--EACH ADMINISTRATIVE
DEPARTMENT SHALL HAVE AS ITS HEAD AN OFFICER WHO SHALL, EITHER
PERSONALLY, BY DEPUTY, OR BY THE DULY AUTHORIZED AGENT OR
EMPLOYE OF THE DEPARTMENT, AND SUBJECT AT ALL TIMES TO THE
PROVISIONS OF THIS ACT, EXERCISE THE POWERS AND PERFORM THE
DUTIES BY LAW VESTED IN AND IMPOSED UPON THE DEPARTMENT.
THE FOLLOWING OFFICERS SHALL BE THE HEADS OF THE
ADMINISTRATIVE DEPARTMENTS FOLLOWING THEIR RESPECTIVE TITLES:
SECRETARY OF THE COMMONWEALTH, OF THE DEPARTMENT OF STATE;
AUDITOR GENERAL, OF THE DEPARTMENT OF THE AUDITOR GENERAL;
STATE TREASURER, OF THE TREASURY DEPARTMENT;
ATTORNEY GENERAL, OF THE OFFICE OF ATTORNEY GENERAL;
SECRETARY OF EDUCATION, OF THE DEPARTMENT OF EDUCATION;
ADJUTANT GENERAL, OF THE DEPARTMENT OF MILITARY AFFAIRS;
INSURANCE COMMISSIONER, OF THE INSURANCE DEPARTMENT;
SECRETARY OF BANKING AND SECURITIES, OF THE DEPARTMENT OF
BANKING AND SECURITIES;
SECRETARY OF AGRICULTURE, OF THE DEPARTMENT OF AGRICULTURE;
SECRETARY OF TRANSPORTATION, OF THE DEPARTMENT OF
TRANSPORTATION;
SECRETARY OF HEALTH, OF THE DEPARTMENT OF HEALTH;
SECRETARY OF DRUG AND ALCOHOL PROGRAMS, OF THE
DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS;
SECRETARY OF LABOR AND INDUSTRY, OF THE DEPARTMENT OF LABOR
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AND INDUSTRY;
SECRETARY OF AGING, OF THE DEPARTMENT OF AGING;
SECRETARY OF [PUBLIC WELFARE] HUMAN SERVICES, OF THE
DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES;
SECRETARY OF REVENUE, OF THE DEPARTMENT OF REVENUE;
SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT, OF THE
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT;
SECRETARY OF ENVIRONMENTAL PROTECTION, OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION;
SECRETARY OF CONSERVATION AND NATURAL RESOURCES, OF THE
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES;
SECRETARY OF GENERAL SERVICES, OF THE DEPARTMENT OF GENERAL
SERVICES;
SECRETARY OF CORRECTIONS, OF THE DEPARTMENT OF CORRECTIONS.
SECTION 207.1. GUBERNATORIAL APPOINTMENTS.--* * *
(D) THE GOVERNOR SHALL NOMINATE IN ACCORDANCE WITH THE
PROVISIONS OF THE CONSTITUTION OF THE COMMONWEALTH OF
PENNSYLVANIA AND, BY AND WITH THE ADVICE AND CONSENT OF A
MAJORITY OF THE MEMBERS ELECTED TO THE SENATE APPOINT PERSONS TO
FILL THE FOLLOWING POSITIONS:
(1) THE SECRETARY OF EDUCATION, THE SECRETARY OF THE
COMMONWEALTH, THE ADJUTANT GENERAL, THE INSURANCE COMMISSIONER,
THE SECRETARY OF BANKING AND SECURITIES, THE SECRETARY OF
AGRICULTURE, THE SECRETARY OF TRANSPORTATION, THE SECRETARY OF
HEALTH, THE SECRETARY OF DRUG AND ALCOHOL PROGRAMS, THE
COMMISSIONER OF THE STATE POLICE, THE SECRETARY OF CORRECTIONS,
THE SECRETARY OF LABOR AND INDUSTRY, THE SECRETARY OF AGING, THE
SECRETARY OF [PUBLIC WELFARE] HUMAN SERVICES, THE SECRETARY OF
GENERAL SERVICES, THE SECRETARY OF REVENUE, THE SECRETARY OF
COMMUNITY AND ECONOMIC DEVELOPMENT, THE SECRETARY OF
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ENVIRONMENTAL PROTECTION AND THE SECRETARY OF CONSERVATION AND
NATURAL RESOURCES.
(2) THOSE MEMBERS WHICH HE IS AUTHORIZED TO APPOINT TO THE
BOARD OF PARDONS, THE BOARD OF PROBATION AND PAROLE, THE STATE
CIVIL SERVICE COMMISSION, THE STATE HORSE RACING COMMISSION, THE
STATE HARNESS RACING COMMISSION, THE BOARD OF CLAIMS, [THE
PENNSYLVANIA SECURITIES COMMISSION,] THE PENNSYLVANIA INDUSTRIAL
DEVELOPMENT AUTHORITY, THE STATE BOARD OF EDUCATION, THE BOARD
OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION, THE BOARD
OF TRUSTEES OF PENNSYLVANIA STATE UNIVERSITY, THE BOARD OF
TRUSTEES OF THE UNIVERSITY OF PITTSBURGH, THE BOARD OF TRUSTEES
OF TEMPLE UNIVERSITY, THE BOARD OF TRUSTEES OF LINCOLN
UNIVERSITY, THE ENVIRONMENTAL HEARING BOARD, THE PENNSYLVANIA
FISH AND BOAT COMMISSION, THE PENNSYLVANIA GAME COMMISSION, THE
PENNSYLVANIA LABOR RELATIONS BOARD, THE PENNSYLVANIA PUBLIC
UTILITY COMMISSION, THE INDUSTRIAL BOARD, THE MILK MARKETING
BOARD, THE UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, THE
WORKERS' COMPENSATION APPEALS BOARD, THE STATE ART COMMISSION,
THE STATE TRANSPORTATION COMMISSION AND THE PENNSYLVANIA HUMAN
RELATIONS COMMISSION.
* * *
SECTION 310. PENNSYLVANIA COMMISSION ON CRIME AND
DELINQUENCY.--(A) THE FOLLOWING SHALL APPLY:
(1) NOTWITHSTANDING SECTION 2(B)(1) OF THE ACT OF NOVEMBER
22, 1978 (P.L.1166, NO.274), REFERRED TO AS THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE
PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST
OF THE ATTORNEY GENERAL OR A DESIGNEE.
(2) NOTWITHSTANDING SECTION 2(B)(6) OF THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE
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PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST
OF THE CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE
AND THE CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES OR THE CHAIRPERSONS' DESIGNATED LEGISLATIVE
STAFF.
(3) NOTWITHSTANDING SECTION 2(B)(8) OF THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE
PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST
OF FOUR MEMBERS OF THE GENERAL ASSEMBLY OR THE MEMBERS'
DESIGNATED LEGISLATIVE STAFF, OF WHOM ONE SHALL BE DESIGNATED
BY, AND SERVE AT THE PLEASURE OF, THE PRESIDENT PRO TEMPORE OF
THE SENATE, ONE BY THE MINORITY LEADER OF THE SENATE, ONE BY THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE BY THE MINORITY
LEADER OF THE HOUSE OF REPRESENTATIVES.
(B) THE FOLLOWING SHALL APPLY:
(1) THE JUDICIAL COMPUTER SYSTEM FINANCIAL AUDIT COMMITTEE
IS ESTABLISHED WITHIN THE COMMISSION. THE COMMITTEE SHALL
CONSIST OF VOTING AND NONVOTING ADVISORY MEMBERS. THE CHAIR OF
THE COMMITTEE SHALL BE SELECTED BY A MAJORITY VOTE OF THE VOTING
MEMBERS:
(2) THE VOTING MEMBERS ARE AS FOLLOWS:
(I) THE PRESIDENT PRO TEMPORE OF THE SENATE OR A DESIGNEE.
(II) THE MAJORITY LEADER OF THE SENATE OR A DESIGNEE.
(III) THE MINORITY LEADER OF THE SENATE OR A DESIGNEE.
(IV) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR A
DESIGNEE.
(V) THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR A
DESIGNEE.
(VI) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR
A DESIGNEE.
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(VII) A COMMISSIONED JUDGE OR JUSTICE OF THE COMMONWEALTH,
APPOINTED BY THE CHIEF JUSTICE OF PENNSYLVANIA.
(3) THE NONVOTING ADVISORY MEMBERS ARE AS FOLLOWS:
(I) THE COURT ADMINISTRATOR OF PENNSYLVANIA.
(II) THE EXECUTIVE DIRECTOR OF THE COMMISSION.
(III) THE SECRETARY OF CORRECTIONS OR A DESIGNEE.
(IV) THE PENNSYLVANIA STATE POLICE COMMISSIONER OR A
DESIGNEE.
(V) THE PRESIDENT OF THE COUNTY COMMISSIONERS ASSOCIATION OF
PENNSYLVANIA OR A DESIGNEE.
(VI) THE PRESIDENT OF THE PENNSYLVANIA STATE ASSOCIATION OF
THE PROTHONOTARIES AND CLERKS OF COURTS OR A DESIGNEE.
(C) THE COMMITTEE SHALL:
(1) REQUEST INFORMATION FROM THE ADMINISTRATIVE OFFICE OF
PENNSYLVANIA COURTS NECESSARY TO FULFILL THE DUTIES UNDER THIS
SUBSECTION.
(2) REVIEW THE POLICY GOALS, PURPOSE AND PROGRAMS OF THE
SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE PROVISION OF
STATEWIDE CASE MANAGEMENT SYSTEMS FOR MAGISTERIAL, COMMON PLEAS
AND APPELLATE COURTS AND OTHER CRITICAL FUNCTIONS, THE SYSTEM'S
IMPACT ON THE IMPLEMENTATION OF STATUTORY ENACTMENTS AND THE
COLLECTION OF FINES, FEES AND COSTS PAYABLE TO THE COMMONWEALTH,
COUNTIES AND MUNICIPAL CORPORATIONS.
(3) ASSESS THE ANNUAL FINANCIAL NEEDS AND REVENUE STREAMS
THAT SUPPORT THE CONTINUOUS AND UNINTERRUPTED OPERATION OF THE
SYSTEM, INCLUDING DISASTER RECOVERY.
(4) EVALUATE THE ANNUAL REVENUES AND EXPENDITURES WITHIN THE
SYSTEM AND THE AMOUNT OF ANY ANNUAL SURPLUSES.
(5) SUBMIT LEGISLATIVE RECOMMENDATIONS RELATED TO THE
REALLOCATION OF UNDEDICATED SURPLUSES.
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(6) BY JANUARY 31, 2022, SUBMIT A REPORT OF ITS FINDINGS TO
THE CHAIR AND MINORITY CHAIR OF THE APPROPRIATIONS COMMITTEE OF
THE SENATE, THE CHAIR AND MINORITY CHAIR OF THE APPROPRIATIONS
C OMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE CHAIR AND
MINORITY CHAIR OF THE JUDICIARY COMMITTEE OF THE SENATE AND THE
CHAIR AND MINORITY CHAIR OF THE JUDICIARY COMMITTEE OF THE HOUSE
OF REPRESENTATIVES.
(D) STAFF SUPPORT SHALL BE MADE AVAILABLE TO THE COMMITTEE
BY THE EXECUTIVE DIRECTOR OF THE COMMISSION IN ORDER TO
ADEQUATELY PERFORM THE DUTIES PROVIDED FOR UNDER SUBSECTION (C).
(E) THE COMMITTEE SHALL EXPIRE ON JUNE 30, 2023, UNLESS
OTHERWISE EXTENDED BY AN ACT OF THE GENERAL ASSEMBLY.
(F) AS USED HEREIN:
THE TERM "COMMISSION" SHALL MEAN THE PENNSYLVANIA COMMISSION
ON CRIME AND DELINQUENCY.
THE TERM "COMMITTEE" SHALL MEAN THE JUDICIAL COMPUTER SYSTEM
FINANCIAL AUDIT COMMITTEE ESTABLISHED UNDER SUBSECTION (B)(1).
THE TERM "SYSTEM" SHALL MEAN THE JUDICIAL COMPUTER SYSTEM
ESTABLISHED UNDER 42 PA.C.S. CH. 37 SUBCH. C (RELATING TO
JUDICIAL COMPUTER SYSTEM).
SECTION 2. SECTION 428 OF THE ACT IS REPEALED:
[SECTION 428. BOARD TO LICENSE PRIVATE BANKERS.--THE BOARD
TO LICENSE PRIVATE BANKERS SHALL CONSIST OF THE SECRETARY OF
BANKING, WHO SHALL BE CHAIRMAN THEREOF, THE SECRETARY OF THE
COMMONWEALTH, AND THE STATE TREASURER.]
SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE V-B
PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY
SECTION 501-B. FLOOD PLAIN MANAGEMENT.
(A) ASSUMPTION OF POWERS AND DUTIES.--NOTWITHSTANDING THE
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ACT OF OCTOBER 4, 1978 (P.L.851, NO.166), KNOWN AS THE FLOOD
PLAIN MANAGEMENT ACT, THE POWERS AND DUTIES OF THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT UNDER THE FLOOD PLAIN MANAGEMENT ACT SHALL BE
ASSUMED BY THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
(B) EXCLUSIVE STATE JURISDICTION OVER CERTAIN OBSTRUCTIONS
IN FLOOD PLAINS.--NOTWITHSTANDING SECTION 302(B) OF THE FLOOD
PLAIN MANAGEMENT ACT, NO PERSON SHALL CONSTRUCT, MODIFY, REMOVE,
ABANDON OR DESTROY A STRUCTURE OR ENGAGE IN AN ACTIVITY
SPECIFIED IN SECTION 302(A) OF THE FLOOD PLAIN MANAGEMENT ACT IN
THE 100-YEAR FLOOD PLAIN UNLESS THE PERSON HAS FIRST APPLIED FOR
AND OBTAINED A PERMIT FROM THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION. THE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAY
IMPOSE PERMIT TERMS AND CONDITIONS AS IT DEEMS NECESSARY TO
CARRY OUT THE PURPOSES OF THE FLOOD PLAIN MANAGEMENT ACT. THE
PERMIT SHALL BECOME EFFECTIVE 60 DAYS FOLLOWING THE RECEIPT OF
THE APPLICATION BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
UNLESS THE APPLICATION IS DISAPPROVED BY THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION. IF THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION DISAPPROVES THE APPLICATION, IT SHALL NOTIFY THE
APPLICANT OF THE REASONS FOR DISAPPROVAL.
SECTION 4. SECTIONS 603-A AND 615-A OF THE ACT ARE AMENDED
TO READ:
SECTION 603-A. DEPARTMENT OF BANKING AND SECURITIES.--THE
DEPARTMENT OF BANKING AND SECURITIES IS AUTHORIZED TO CHARGE
FEES FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
(1) CONSUMER DISCOUNT COMPANIES:
(I) INITIAL LICENSE....................... $500.00
(II) ADDITIONAL LICENSES FOR EACH BUSINESS
LOCATION............................... 500.00
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(III) ANNUAL LICENSE RENEWAL.............. 350.00
(2) MOTOR VEHICLE SALES FINANCE:
(I) INITIAL LICENSE FOR SALES FINANCE
COMPANY................................ 500.00
ANNUAL LICENSE RENEWAL................. 350.00
(II) LICENSE FOR INSTALLMENT SELLER....... 250.00
ANNUAL LICENSE RENEWAL................. 250.00
(III) INITIAL LICENSE COLLECTOR-
REPOSSESSOR............................ 350.00
ANNUAL LICENSE RENEWAL................. 250.00
(3) PAWNBROKER:
(I) INITIAL LICENSE FOR PAWNBROKER........ 500.00
ANNUAL LICENSE RENEWAL................. 250.00
[(4) MONEY TRANSMITTER:
(I) INITIAL LICENSE FOR MONEY
TRANSMITTER............................ 2,000.00
ANNUAL LICENSE RENEWAL................. 2,000.00
(5) SECONDARY MORTGAGE LOAN COMPANY:
(I) INITIAL LICENSE FOR PRINCIPAL PLACE OF
BUSINESS AND EACH BRANCH OFFICE........ 500.00
ANNUAL LICENSE RENEWAL................. 350.00
(6) SECONDARY MORTGAGE LOAN BROKER:
(I) INITIAL LICENSE FOR PRINCIPAL PLACE OF
BUSINESS............................... 500.00
ANNUAL LICENSE RENEWAL................. 200.00
(II) EACH BRANCH OFFICE................... 50.00
ANNUAL BRANCH RENEWAL.................. 25.00
(7) FIRST MORTGAGE BANKER:
(I) INITIAL LICENSE FOR PRINCIPAL PLACE OF
BUSINESS AND EACH BRANCH OFFICE........ 500.00
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ANNUAL LICENSE RENEWAL................. 350.00
(8) FIRST MORTGAGE BROKER:
(I) INITIAL LICENSE FEE FOR PRINCIPAL PLACE
OF BUSINESS............................ 500.00
ANNUAL LICENSE RENEWAL................. 200.00
(II) EACH BRANCH OFFICE................... 50.00
ANNUAL BRANCH RENEWAL.................. 25.00]
(9) TAKEOVER DISCLOSURE LAW:
(I) FOR AN OFFER VALUED AT LESS THAN
$5,000,000 ............................. 1,500.00
(II) FOR AN OFFER VALUED AT $5,000,000 OR
MORE, BUT LESS THAN $10,000,000 ........ 2,000.00
(III) FOR AN OFFER VALUED AT $10,000,000 OR
MORE, BUT LESS THAN $25,000,000 ........ 3,000.00
(IV) FOR AN OFFER VALUED AT $25,000,000 OR
MORE ................................... 5,000.00
(V) THE FEE FOR FILING A NOTICE UNDER
SECTION 8(A) OF THE ACT OF MARCH 3, 1976
(P.L.42, NO.19), KNOWN AS THE "TAKEOVER
DISCLOSURE LAW" ....................... 100.00
(VI) ANY TARGET COMPANY MAKING ANY FILING
PURSUANT TO SECTION 6 OF THE "TAKEOVER
DISCLOSURE LAW," PAYABLE AT THE TIME OF
THE INITIAL FILING .................... 500.00
(VII) A REGISTRANT, APPLICANT FOR
REGISTRATION, ISSUER OR OTHER PERSON
UPON WHOM THE DEPARTMENT HAS CONDUCTED
AN EXAMINATION, AUDIT, INVESTIGATION OR
PROSECUTION AND WHO HAS BEEN FOUND
GUILTY OF A VIOLATION OF THE PROVISIONS
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OF THIS ACT SHALL PAY FOR ALL THE COSTS
INCURRED IN THE CONDUCT OF SUCH
EXAMINATION, AUDIT, INVESTIGATION OR
PROSECUTION. THESE COSTS SHALL INCLUDE,
BUT ARE NOT LIMITED TO, THE SALARIES AND
OTHER COMPENSATION PAID TO CLERICAL,
ADMINISTRATIVE, INVESTIGATIVE AND LEGAL
PERSONNEL, PLUS THE ACTUAL AMOUNT OF
EXPENSES REASONABLY INCURRED BY SUCH
PERSONNEL OR THE DEPARTMENT IN THE
CONDUCT OF SUCH EXAMINATION, AUDIT,
INVESTIGATION OR PROSECUTION
(VIII) THE FEE FOR REQUESTING AN ORDER
ISSUED BY THE DEPARTMENT UNDER SECTION
8(B) OF THE "TAKEOVER DISCLOSURE LAW" . . 100.00
[SECTION 615-A. PENNSYLVANIA SECURITIES COMMISSION.--THE
PENNSYLVANIA SECURITIES COMMISSION IS AUTHORIZED TO CHARGE FEES
FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
(I) FOR AN OFFER VALUED AT LESS THAN
$5,000,000............................. 1,500.00
(II) FOR AN OFFER VALUED AT $5,000,000 OR
MORE, BUT LESS THAN $10,000,000........ 2,000.00
(III) FOR AN OFFER VALUED AT $10,000,000 OR
MORE, BUT LESS THAN $25,000,000........ 3,000.00
(IV) FOR AN OFFER VALUED AT $25,000,000 OR
MORE................................... 5,000.00
(V) THE FEE FOR FILING A NOTICE UNDER
SECTION 8(A) OF THE ACT OF MARCH 3, 1976
(P.L.42, NO.19), KNOWN AS THE "TAKEOVER
DISCLOSURE LAW"........................ 100.00
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(VI) ANY TARGET COMPANY MAKING ANY FILING
PURSUANT TO SECTION 6, OF THE "TAKEOVER
DISCLOSURE LAW," PAYABLE AT THE TIME OF
THE INITIAL FILING..................... 500.00
(VII) A REGISTRANT, APPLICANT FOR
REGISTRATION, ISSUER OR OTHER PERSON
UPON WHOM THE COMMISSION HAS CONDUCTED
AN EXAMINATION, AUDIT, INVESTIGATION OR
PROSECUTION AND WHO HAS BEEN FOUND
GUILTY OF A VIOLATION OF THE PROVISIONS
OF THIS ACT SHALL PAY FOR ALL THE COSTS
INCURRED IN THE CONDUCT OF SUCH
EXAMINATION, AUDIT, INVESTIGATION OR
PROSECUTION. THESE COSTS SHALL INCLUDE,
BUT ARE NOT LIMITED TO, THE SALARIES AND
OTHER COMPENSATION PAID TO CLERICAL,
ADMINISTRATIVE, INVESTIGATIVE AND LEGAL
PERSONNEL, PLUS THE ACTUAL AMOUNT OF
EXPENSES REASONABLY INCURRED BY SUCH
PERSONNEL OR THE COMMISSION IN THE
CONDUCT OF SUCH EXAMINATION, AUDIT,
INVESTIGATION OR PROSECUTION
(VIII) THE FEE FOR REQUESTING AN ORDER
ISSUED BY THE COMMISSION UNDER SECTION
8(B) OF THE "TAKEOVER DISCLOSURE LAW". . 100.00]
SECTION 5. SECTION 602-B OF THE ACT IS AMENDED BY ADDING A
DEFINITION TO READ:
SECTION 602-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
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CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"REQUESTING OFFICER." THE FOLLOWING OFFICERS OF THE GENERAL
ASSEMBLY:
(1) THE PRESIDENT PRO TEMPORE OF THE SENATE OR THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(2) THE MAJORITY LEADER OR THE MINORITY LEADER OF THE
SENATE.
(3) THE MAJORITY LEADER OR THE MINORITY LEADER OF THE
HOUSE OF REPRESENTATIVES.
(4) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE.
(5) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(6) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE
STANDING COMMITTEE OF THE SENATE TO WHICH THE BILL IS
REFERRED.
(7) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE
STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO WHICH
THE BILL IS REFERRED.
* * *
SECTION 6. SECTION 605-B(E) OF THE ACT IS AMENDED TO READ:
SECTION 605-B. REVENUE ESTIMATES.
* * *
(E) PROPOSED CHANGE IN LAW.--
(1) THE OFFICE SHALL PREPARE A REVENUE ESTIMATE OF ANY
CHANGE IN LAW AFFECTING REVENUES AND RECEIPTS, INCLUDING
INCREASES IN REGULATORY FEES, PROPOSED OR CONSIDERED AS PART
OF THE ANNUAL STATE BUDGET. IF THE PROPOSED CHANGE IN LAW
WILL HAVE A FISCAL IMPACT IN EXCESS OF $10,000,000 IN ANY
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FISCAL YEAR, THE ESTIMATE SHALL BE PREPARED ON THE BASIS OF
ASSUMPTIONS THAT ESTIMATE THE PROBABLE BEHAVIORAL RESPONSES
OF TAXPAYERS, BUSINESSES AND OTHER PERSONS TO THE PROPOSED
CHANGES AND SHALL INCLUDE A STATEMENT IDENTIFYING THOSE
ASSUMPTIONS. THE INFORMATION MAY BE USED TO REVISE THE
REVENUE ESTIMATE UNDER SUBSECTION (A.1).
(2) THE OFFICE SHALL PREPARE, IF REQUESTED BY A
REQUESTING OFFICER, A REVENUE ESTIMATE OF ANY CHANGE IN LAW
AFFECTING REVENUES AND RECEIPTS, INCLUDING INCREASES IN
REGULATORY FEES, THAT MAY BE EXPECTED TO CARRY A FISCAL
IMPACT IN EXCESS OF $50,000,000 IN ANY FISCAL YEAR, PROPOSED
OR CONSIDERED AS PART OF A BILL OR AMENDMENT IN EITHER HOUSE
OF THE GENERAL ASSEMBLY. IF THE PROPOSED CHANGE IN LAW WILL
HAVE A FISCAL IMPACT IN EXCESS OF $50,000,000 IN ANY FISCAL
YEAR, THE ESTIMATE SHALL BE PREPARED ON THE BASIS OF
ASSUMPTIONS THAT CONSIDER THE PROBABLE BEHAVIORAL RESPONSES
OF TAXPAYERS, BUSINESSES AND OTHER PERSONS AND ANY POTENTIAL
DYNAMIC OR MACROECONOMIC IMPACTS IN RESPONSE TO THE PROPOSED
CHANGES AND SHALL INCLUDE A STATEMENT IDENTIFYING THOSE
ASSUMPTIONS. THE INFORMATION MAY BE USED TO REVISE THE
REVENUE ESTIMATE UNDER SUBSECTION (A.1).
* * *
SECTION 7. SECTION 615-B(A), (B), (D)(3), (F), (G) AND (K)
(2) OF THE ACT, AMENDED JUNE 30, 2020 (P.L.511, NO.37), ARE
AMENDED TO READ:
SECTION 615-B. ADDITIONAL DUTIES.
(A) ACTUARIAL NOTES.--THE OFFICE SHALL PREPARE ACTUARIAL
NOTES BY SELECTING AN ENROLLED PENSION ACTUARY TO PREPARE
ACTUARIAL NOTES FOR BILLS OR AMENDMENTS WHICH COULD HAVE A
MATERIAL ACTUARIAL IMPACT ON A PUBLIC EMPLOYEE RETIREMENT PLAN.
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ACTUARIAL NOTES SHALL INCLUDE A RELIABLE ESTIMATE OF THE
FINANCIAL AND ACTUARIAL EFFECT OF THE PROPOSED CHANGE IN ANY
PENSION OR RETIREMENT SYSTEM. THE FINANCIAL ANALYSIS CONTAINED
IN ACTUARIAL NOTES FOR LEGISLATION THAT PROPOSES SUBSTANTIAL
BENEFIT DESIGN CHANGES UNDER 24 PA.C.S. PT. IV (RELATING TO
RETIREMENT FOR SCHOOL EMPLOYEES) AND 71 PA.C.S. PT. XXV
(RELATING TO RETIREMENT FOR STATE EMPLOYEES AND OFFICERS) SHALL
INCLUDE, BUT NOT BE LIMITED TO, A RISK TRANSFER ANALYSIS AND, IF
REQUESTED BY [AN] A REQUESTING OFFICER [LISTED IN THIS
SUBSECTION], AN ANALYSIS OF THE POTENTIAL IMPACT ON THE ASSET
ALLOCATION AND RELATED COSTS FOR THE SYSTEMS. THE ACTUARIAL NOTE
SHALL BE FACTUAL, AND SHALL, IF POSSIBLE, PROVIDE A RELIABLE
ESTIMATE OF BOTH THE IMMEDIATE COST AND EFFECT OF THE BILL AND,
IF DETERMINABLE OR REASONABLY FORSEEABLE, THE LONG-RANGE
ACTUARIAL COST AND EFFECT OF THE BILL. THE STATE EMPLOYEES'
RETIREMENT SYSTEM OR THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT
SYSTEM SHALL PROVIDE THE OFFICE WITH ALL INFORMATION NECESSARY
TO COMPLETE AN ACTUARIAL NOTE WITHIN 14 DAYS OF THE REQUEST FOR
INFORMATION BY THE OFFICE. THE OFFICE SHALL TRANSMIT ACTUARIAL
NOTES IN ELECTRONIC FORM TO THE GOVERNOR AND ALL MEMBERS OF THE
GENERAL ASSEMBLY WITHIN THE TIME PERIODS SPECIFIED UNDER THIS
SECTION UPON THE REQUEST OF A REQUESTING OFFICER. [ANY OF THE
FOLLOWING:
(1) THE PRESIDENT PRO TEMPORE OF THE SENATE OR THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(2) THE MAJORITY LEADER OR THE MINORITY LEADER OF THE
SENATE.
(3) THE MAJORITY LEADER OR THE MINORITY LEADER OF THE
HOUSE OF REPRESENTATIVES.
(4) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE
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APPROPRIATIONS COMMITTEE OF THE SENATE.
(5) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(6) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE
STANDING COMMITTEE OF THE SENATE TO WHICH THE BILL IS
REFERRED.
(7) THE CHAIRPERSON OR MINORITY CHAIRPERSON OF THE
STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO WHICH
THE BILL IS REFERRED.]
(B) ANALYSIS.--AT THE REQUEST OF [AN] A REQUESTING OFFICER
[LISTED IN SUBSECTION (A)], THE OFFICE SHALL ANALYZE THE
PROVISIONS OF A BILL RELATING TO PUBLIC EMPLOYEE RETIREMENT OR
PENSION POLICY AND ISSUE A REPORT ON THE BILL IN A TIMELY
FASHION. THE REPORT SHALL PROVIDE A SYNOPSIS OF THE BILL AND
FINANCIAL COST AND SHALL IDENTIFY PROPOSED CHANGES TO CURRENT
LAW AND CURRENT POLICY. THE REPORT, AFTER CONSULTATION WITH THE
REQUESTING OFFICER, MAY INCLUDE AN ASSESSMENT OF THE ACTUARIAL
IMPACT AND SHALL BE SUBMITTED IN ELECTRONIC FORM TO THE GOVERNOR
AND ALL MEMBERS OF THE GENERAL ASSEMBLY.
* * *
(D) WEBSITE.--THE OFFICE SHALL MAINTAIN THE FOLLOWING ON ITS
INTERNET WEBSITE IN A PUBLICLY ACCESSIBLE AND SEARCHABLE AREA:
* * *
(3) ANY OTHER INFORMATION THAT IS REQUESTED TO BE POSTED
BY [AN] A REQUESTING OFFICER [LISTED IN SUBSECTION (A)].
* * *
(F) FORMULATION.--THE OFFICE SHALL STUDY GENERALLY THE
SUBJECT OF RETIREMENT, INCOME AFTER RETIREMENT, DISABILITY AND
DEATH BENEFITS AND THE RETIREMENT NEEDS OF PUBLIC EMPLOYEES. THE
OFFICE SHALL FORMULATE PRINCIPLES AND OBJECTIVES AND RECOMMEND
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ANY NEW LEGISLATION IT DEEMS ADVISABLE AS REQUESTED BY [AN] A
REQUESTING OFFICER [LISTED IN SUBSECTION (A)].
(G) STUDY.--THE OFFICE SHALL STUDY THE RELATIONSHIP OF
RETIREMENT AND PENSION POLICY TO OTHER ASPECTS OF PUBLIC
PERSONNEL POLICY AND TO THE EFFECTIVE OPERATION OF GOVERNMENT
GENERALLY, AS REQUESTED BY [AN] A REQUESTING OFFICER [LISTED IN
SUBSECTION (A)].
* * *
(K) EFFECT OF FAILURE OF OFFICE TO ATTACH NOTE.--
* * *
(2) IF THE OFFICE FAILS TO ATTACH AN ACTUARIAL NOTE
WITHIN 20 LEGISLATIVE DAYS AFTER AN AMENDMENT TO A BILL
PROPOSING A CHANGE RELATIVE TO A PUBLIC EMPLOYEE PENSION OR
RETIREMENT HAS BEEN SUBMITTED TO THE OFFICE BY [AN] A
REQUESTING OFFICER [LISTED IN SUBSECTION (A)], THE AMENDMENT
MAY BE CONSIDERED IN THE SAME MANNER AS IF THE ACTUARIAL NOTE
HAD BEEN ATTACHED TO THE AMENDMENT.
* * *
SECTION 7.1. SECTION 706 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 706. AUDITOR GENERAL.--* * *
(E) THE FOLLOWING SHALL APPLY:
(1) IF THERE IS A PROPOSED INCREASE IN EITHER WATER OR WASTE
WATER RATES, THE AUDITOR GENERAL, THROUGH AGENTS AS THE AUDITOR
GENERAL MAY SELECT, MAY PERFORM AN AUDIT OF A MUNICIPAL
AUTHORITY:
(I) LOCATED IN A COUNTY OF THE THIRD CLASS WITH A POPULATION
OF MORE THAN 355,000 BUT LESS THAN 370,000 AS DETERMINED BY THE
2010 CENSUS;
(II) INCORPORATED UNDER 53 PA.C.S. CH. 56 (RELATED TO
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