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A02953
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1792
Session of
2021
INTRODUCED BY BROOKS, SILVIS, R. MACKENZIE, HENNESSEY,
M. MACKENZIE, GROVE, MILLARD, PICKETT AND ZIMMERMAN,
AUGUST 16, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 16, 2021
AN ACT
Amending Titles 1 (General Provisions), 2 (Administrative Law
and Procedure), 3 (Agriculture), 7 (Banks and Banking), 12
(Commerce and Trade), 15 (Corporations and Unincorporated
Associations), 18 (Crimes and Offenses), 20 (Decedents,
Estates and Fiduciaries), 23 (Domestic Relations), 25
(Elections), 30 (Fish), 34 (Game), 35 (Health and Safety), 37
(Historical and Museums), 40 (Insurance), 42 (Judiciary and
Judicial Procedure), 51 (Military Affairs), 53
(Municipalities Generally), 54 (Names), 61 (Prisons and
Parole), 62 (Procurement), 64 (Public Authorities and Quasi-
Public Corporations), 66 (Public Utilities), 68 (Real and
Personal Property), 71 (State Government), 74
(Transportation) and 75 (Vehicles) of the Pennsylvania
Consolidated Statutes, making editorial changes relating to
obsolete references to certain Commonwealth agencies,
secretaries and acts relating thereto.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6133(b) and (d)(2) of Title 7 of the
Pennsylvania Consolidated Statutes are amended to read:
Section 1. Sections 501(a) and (c), 905 and 1105(a) of Title
1 of the Pennsylvania Consolidated Statutes are amended to read:
§ 501. Publication and distribution.
(a) General rule.--The Legislative Reference Bureau may
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compile, edit, publish, print, supplement and revise or contract
directly or through the Legislative Printing Clerk for the
compilation, editing, publishing, printing, supplementation or
revision of an official publication of the Pennsylvania
Consolidated Statutes and amendments thereto. It shall be the
duty of the Department of [Property and Supplies] General
Services, upon request of the bureau, to arrange for the prompt
distribution of the official publication and the supplements
thereto and revisions thereof in accordance with the provisions
of this chapter. This publication shall be in addition to the
publication of advance copies of statutes and the Laws of
Pennsylvania except that the bureau, when authorized by
concurrent resolution of the General Assembly, may reduce the
number of such statutes and laws published and printed and
provide for the manner of their distribution and a fee to be
charged for certain distributions.
* * *
(c) Payments and disposition of moneys.--Payments for
documents published by authority of this chapter shall be made
to the Department of [Property and Supplies] General Services
which shall pay the same into the State Treasury to the credit
of the General Fund. Such moneys are hereby appropriated from
the General Fund to the Legislative Reference Bureau to carry
out the provisions of this chapter.
§ 905. Section headings.
The Director of the Legislative Reference Bureau, with the
approval of the [Department of Justice] Attorney General, shall
prepare and promulgate an appropriate heading for any section of
the Constitution of Pennsylvania which was heretofore or may
hereafter be adopted without a section heading. Any section
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heading promulgated pursuant to this section shall be published
in the next available volume of the Laws of Pennsylvania.
§ 1105. Editing statutes for printing.
(a) Correction of errors.--Where any statute shall have been
finally enacted and it shall be ascertained that such statute is
technically defective in form, or contains misspelled words or
typographical errors, or the plural or singular number, or the
past, present or future tense appears where another should be
used, or where a word clearly intended to be inserted has been
omitted, or where a word clearly should have been omitted, or
where a word is correctly spelled but it clearly appears that
another word was intended, the Director of the Legislative
Reference Bureau, in editing such statute, shall have authority,
with the approval of the President pro tempore of the Senate,
the Speaker of the House of Representatives, and the [Department
of Justice] Attorney General, to correct the original copy of
such statute, as filed in the Department of State, if such
correction will not in any manner affect or change the meaning,
intent or substance of such statute.
* * *
Section 2. Section 508 of Title 2 is amended to read:
§ 508. Notice to [Department of Justice] Office of Attorney
General.
Before notice of any hearing leading to an adjudication is
given by a Commonwealth agency (except the Pennsylvania Public
Utility Commission), the agency shall submit the matter to its
representative in the [Department of Justice] Office of Attorney
General who shall pass upon the legality of the proposed action
or defense. Failure of the agency to submit the matter to the
[department] Office of Attorney General shall not invalidate any
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adjudication.
Section 2.1. Section 2703 of Title 3 is amended to read:
§ 2703. Unlawful acts.
A person commits a summary offense of the second degree and
shall be subject to the penalty imposed under 34 Pa.C.S. §
925(b)(5) (relating to jurisdiction and penalties) if the person
does any of the following:
(1) If the person is a taxidermist, mounts any specimen
which was not lawfully killed or raised under authority of a
propagating permit unless the owner of the specimen presents
the taxidermist with a permit obtained from the Pennsylvania
Game Commission or the Pennsylvania Fish and Boat Commission
and, in the case of migratory birds, the required Federal
permit.
(2) Mounts any specimen unless the owner of the specimen
presents the person with a copy of a permit issued by the
Pennsylvania Game Commission or the Pennsylvania Fish and
Boat Commission. A taxidermist may accept a specimen for
safekeeping and, after notifying the nearest Pennsylvania
Game Commission or Pennsylvania Fish and Boat Commission
officer, hold it until the owner obtains the necessary permit
or for a period not to exceed 60 days.
(3) Violates the provisions of this chapter.
Section 3. Section 6133(b) and (d)(2) of Title 7 are amended
to read:
§ 6133. Issuance of license.
* * *
(b) Appeal of denial.--If the department refuses to issue a
license, it shall notify the applicant in writing of the denial,
the reason for the denial and the applicant's right to appeal
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the denial to the Secretary of Banking and Securities. An appeal
from the department's refusal to approve an application for a
license must be filed by the applicant within 30 days of notice
of refusal.
* * *
(d) Denial of license due to conviction.--
* * *
(2) A license under this chapter shall be deemed to be a
covered license within the meaning of section 405 of the act
of May 15, 1933 (P.L.565, No.111), known as the Department of
Banking and Securities Code. The department shall notify a
licensee if a covered individual within the meaning of
section 405 of the Department of Banking and Securities Code
that is or will be employed or contracted by the licensee has
a criminal background that renders the employee unfit for
employment in the mortgage loan business.
* * *
Section 2 4. The definition of "medical facility" in section
2902 of Title 12 is amended to read:
§ 2902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Medical facility." An entity licensed as a hospital under
the act of June 13, 1967 (P.L.31, No.21), known as the [Public
Welfare] Human Services Code, or the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities Act.
* * *
Section 3 5. The definition of "hospital" in section 3402 of
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Title 12 is amended to read:
§ 3402. Definitions.
The following words and phrases when used in this chapter
shall have the meaning given to them in this section unless the
context clearly indicates otherwise:
* * *
"Hospital." A facility operated by an entity licensed as a
hospital under the act of June 13, 1967 (P.L.31, No.21), known
as the [Public Welfare] Human Services Code, or the act of July
19, 1979 (P.L.130, No.48), known as the Health Care Facilities
Act, which is used to provide inpatient care and services.
* * *
Section 4 6. Section Sections 202(c)(2)(iii) and 1511(f) of
Title 15 is are amended to read:
§ 202. Requirements for names generally.
* * *
(c) Required approvals or conditions.--
* * *
(2) The proper name of a covered association shall not
contain:
* * *
(iii) The words "engineer" or "engineering,"
"surveyor" or "surveying" or any other word implying that
any form of the practice of engineering or surveying as
defined in the act of May 23, 1945 (P.L.913, No.367),
known as the Engineer, Land Surveyor and Geologist
Registration Law, is provided unless at least one of the
individuals signing the initial public organic record of
the association or one of the governors of the existing
association has been properly registered with the State
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Registration Board for Professional Engineers, Land
Surveyors and Geologists in the practice of engineering
or surveying and there is submitted to the department a
certificate from the board to that effect.
* * *
§ 1511. Additional powers of certain public utility
corporations.
* * *
(f) Effect on other statutes.--Subsections (a) through (e)
shall not be construed to eliminate the exemption by statute of
certain agricultural or historical lands from liability to
condemnation or entry nor to affect or modify any of the
provisions of [the act of December 19, 1984 (P.L.1140, No.223),
known as the Oil and Gas Act,] 58 Pa.C.S. Ch. 32 (relating to
development) or of 66 Pa.C.S. § 1104 (relating to certain
appropriations by [the] right of eminent domain prohibited) or
2702 (relating to construction, relocation, suspension and
abolition of crossings), nor to permit the acquisition of water
rights, water or land underlying them by any public utility
corporation that has not received from the Department of
Environmental [Resources] Protection a limited power permit,
limited water supply permit, order of confirmation, permit for
acquisition of water rights or gubernatorial easement, right-of-
way, license or lease authorizing the acquisition or occupancy.
* * *
Section 5 7. Section 2713(c) of Title 18 is amended to read:
§ 2713. Neglect of care-dependent person.
* * *
(c) Report during investigation.--When in the course of
conducting any regulatory or investigative responsibility, the
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Department of Aging, the Department of Health or the Department
of [Public Welfare] Human Services has a reasonable cause to
believe that a care-dependent person or care-dependent persons
residing in a facility have suffered bodily injury or been
unlawfully restrained in violation of subsection (a)(1) or (2),
a report shall be made immediately to the local law enforcement
agency or to the Office of Attorney General.
* * *
Section 6 8. The definition of "center for children" in
section 3124.2(b) of Title 18, amended July 23, 2020 (P.L.641,
No.63), is amended to read:
§ 3124.2. Institutional sexual assault.
* * *
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
* * *
"Center for children." Includes a child day-care center,
group and family day-care home, boarding home for children, a
center providing early intervention and drug and alcohol
services for children or other facility which provides child-
care services which are subject to approval, licensure,
registration or certification by the Department of [Public
Welfare] Human Services or a county social services agency or
which are provided pursuant to a contract with the department or
a county social services agency. The term does not include a
youth development center, youth forestry camp, State or county
juvenile detention facility and other licensed residential
facility serving children and youth.
* * *
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Section 7 9. Sections 5749(c), 6501(f) and 7506(a) of Title
18 are amended to read:
§ 5749. Retention of certain records.
* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Commander." The:
(1) [commissioner] Commissioner of the Pennsylvania
State Police or a designee, if the recording at issue was
made by a member of the Pennsylvania State Police; or
(2) chief or a designee of the law enforcement agency
which made the recording at issue.
"Law enforcement officer." A member of the Pennsylvania
State Police or an individual employed as a police officer who
is required to be trained under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training).
§ 6501. Scattering rubbish.
* * *
(f) Exception.--Subsection (a)(3) does not apply to the
lawful depositing of waste at any site regulated by the
Department of Environmental [Resources] Protection.
* * *
§ 7506. Violation of rules regarding conduct on Commonwealth
property.
(a) Promulgation of rules and regulations.--The Department
of [Environmental] Conservation and Natural Resources,
Pennsylvania Game Commission and Pennsylvania Historical and
Museum Commission may promulgate rules and regulations governing
conduct, other than conduct regulated in section 7505 (relating
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to violation of governmental rules regarding traffic), on
Commonwealth property within the jurisdiction of that agency.
Such rules and regulations shall be reasonably related to the
preservation and protection of such property for its specified
or intended use, or to promote the welfare, safety or protection
of those persons using such property, shall be consistent with
existing law and shall be posted in a manner reasonable likely
to come to the attention of persons using such property.
* * *
Section 8 10. The definition of "criminal justice agency" in
section 9102 of Title 18 is amended to read:
§ 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Criminal justice agency." Any court, including the minor
judiciary, with criminal jurisdiction or any other governmental
agency, or subunit thereof, created by statute or by the State
or Federal constitutions, specifically authorized to perform as
its principal function the administration of criminal justice,
and which allocates a substantial portion of its annual budget
to such function. Criminal justice agencies include, but are not
limited to: organized State and municipal police departments,
local detention facilities, county, regional and State
correctional facilities, probation agencies, district or
prosecuting attorneys, parole boards, pardon boards, the
facilities and administrative offices of the Department of
[Public Welfare] Human Services that provide care, guidance and
control to adjudicated delinquents, and such agencies or
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subunits thereof, as are declared by the Attorney General to be
criminal justice agencies as determined by a review of
applicable statutes and the State and Federal Constitutions or
both.
* * *
Section 11. Section 9113(c) and (e) of Title 18 are amended
to read:
§ 9113. Disposition reporting by criminal justice agencies.
* * *
(c) Correctional institutions.--County, regional and State
correctional institutions shall collect and submit information
regarding the admission, release and length of sentence of
individuals sentenced to local and county institutions as
required by the [Bureau of Correction] Department of
Corrections.
* * *
(e) State agencies.--The Administrative Office of
Pennsylvania Courts, the [Bureau of Correction] Department of
Corrections, the Pennsylvania Board of Probation and Parole and
the Pennsylvania Board of Pardons shall collect and submit to
the central repository such information necessary to maintain
complete and accurate criminal history record information. Each
State agency listed in this subsection shall submit to the
central repository any reports of dispositions occurring within
their respective agencies and such information reported from
county and local criminal justice agencies.
Section 9 12. Sections 3101(c), 3319(b)(1), 3321(d),
5488(b), 5525, 7780.3(a) and 7799.3(c), (d)(1), (e)(1) and (2)
and (f) of Title 20 are amended to read:
§ 3101. Payments to family and funeral directors.
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* * *
(c) Patient's care account.--When the decedent was a
qualified recipient of medical assistance from the Department of
[Public Welfare] Human Services, the facility in which he was a
patient may make payment of funds, if any, remaining in the
patient's care account, for the decedent's burial expenses to a
licensed funeral director in an amount not exceeding $10,000
whether or not a personal representative has been appointed.
After the payment of decedent's burial expenses, the facility
may pay the balance of decedent's patient's care account, as
long as the payments, including the payment for burial expenses,
does not exceed $10,000, to the spouse, any child, the father or
mother or any sister or brother (preference being given in the
order named) of the deceased patient. Any facility making such a
payment shall be released to the same extent as if payment had
been made to a duly appointed personal representative of the
decedent and it shall not be required to see to the application
thereof. Any licensed funeral director or other person to whom
payment is made shall be answerable therefor to anyone
prejudiced by an improper distribution.
* * *
§ 3319. Power of attorney; delegation of power over
subscription rights and fractional shares; authorized
delegations.
* * *
(b) Delegation of power over subscription rights and
fractional shares.--Where there is more than one personal
representative, one or more may delegate to another the power to
decide whether rights to subscribe to stock should be sold or
should be exercised, and also the power to decide whether a
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fractional share of stock should be sold or should be rounded
out to a whole share through the purchase of an additional
fraction, and also the power to carry out any such decision. Any
delegation may extend to all subscription rights and fractional
shares from time to time received by the personal
representatives on account of stock held by them, or may be
limited to any extent specified in the delegation. No exercise
of any delegated power shall be valid, unless:
(1) the stock on which the subscription rights or
fractional shares are issued are listed or traded on the New
York Stock Exchange or any other exchange approved by the
Department of Banking and Securities; and
* * *
§ 3321. Nominee registration; corporate fiduciary as agent;
deposit of securities in a clearing corporation;
book-entry securities.
* * *
(d) Deposit of securities in a clearing corporation.--A
personal representative holding securities in its fiduciary
capacity, any bank and trust company, trust company or National
bank holding securities as an agent pursuant to subsection (c)
of this section, is authorized to deposit or arrange for the
deposit of such securities in a clearing corporation (as defined
in Division 8 of Title 13 (relating to investment securities)).
When such securities are so deposited, certificates representing
securities of the same class of the same issuer may be merged
and held in bulk in the name of the nominee of such clearing
corporation with any other such securities deposited in such
clearing corporation by any person regardless of the ownership
of such securities, and certificates of small denomination may
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be merged into one or more certificates of larger denomination.
The records of such fiduciary and the records of such bank and
trust company, trust company or National bank acting as an agent
under a power of attorney for a personal representative shall at
all times show the name of the party for whose account the
securities are so deposited. Title to such securities may be
transferred by bookkeeping entry on the books of such clearing
corporation without physical delivery of certificates
representing such securities. A bank and trust company, trust
company or National bank so depositing securities pursuant to
this section shall be subject to such rules and regulations as,
in the case of State chartered institutions, the Department of
Banking and Securities and, in the case of National banking
associations, the comptroller of the currency may from time to
time issue including, without limitation, standards for, or the
method of making a determination of, the financial
responsibility of any clearing corporation in which securities
are deposited. A bank and trust company, trust company or
National bank acting as custodian for a personal representative
shall, on demand by the personal representative, certify in
writing to the personal representative the securities so
deposited by such bank and trust company, trust company or
National bank in such clearing corporation for the account of
such personal representative. A personal representative shall,
on demand by any party to a judicial proceeding for the
settlement of such personal representative's account or on
demand by the attorney for such party, certify in writing to
such party the securities deposited by such personal
representative in such clearing corporation for its account as
such personal representative.
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* * *
§ 5488. Advisory committee.
* * *
(b) Membership.--The committee shall include representatives
from the Pennsylvania Medical Society, the Hospital and Health
System Association of Pennsylvania, the Joint State Government
Commission's Advisory Committee on Decedents' Estates Laws, the
Pennsylvania Bar Association, the Department of Aging, the
Department of [Public Welfare] Human Services and other
interested persons at the department's discretion.
* * *
§ 5525. Notice to Commonwealth and political subdivisions.
When the Commonwealth or a political subdivision thereof has
a claim for maintaining an incapacitated person in an
institution, the guardian, within three months of his
appointment, shall give notice thereof to the Department of
[Public Welfare] Human Services or the proper officer of such
political subdivision, as the case may be.
§ 7780.3. Duty to inform and report.
(a) Duty to respond to requests.--A trustee shall promptly
respond to a reasonable request by the settlor of a trust or by
a beneficiary of an irrevocable trust for information related to
the trust's administration. A trustee shall promptly respond to
the Department of [Public Welfare's] Human Service's Services'
reasonable request for information related to the trust's
administration when a settlor or beneficiary is a resident in a
State-owned facility or an applicant for or recipient of cash or
medical assistance from the Commonwealth and the department
certifies in writing that it has obtained a currently valid
consent for the disclosure of such information from the settlor
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or beneficiary of the trust. A trustee may rely upon the
department's certification without investigating its accuracy.
* * *
§ 7799.3. Pooled trusts for individuals with disabilities.
* * *
(c) Pooled trust fund.--Before the funding of a pooled
trust, all liens and claims in favor of the Department of
[Public Welfare] Human Services for repayment of cash and
medical assistance shall first be satisfied. All money received
for pooled trust funds shall be deposited with a court-approved
corporate fiduciary or with the State Treasury if no court-
approved corporate fiduciary is available to the trustee. The
funds shall be pooled for investment and management. A separate
account shall be maintained for each beneficiary, and quarterly
accounting statements shall be provided to each beneficiary by
the trustee. The court-approved corporate fiduciary or the State
Treasury shall provide quarterly accounting statements to the
trustee. The court-approved corporate fiduciary or the State
Treasury may charge a trust management fee to cover the costs of
managing the funds in the pooled trust.
(d) Reporting.--
(1) In addition to reports required to be filed under 15
Pa.C.S. Pt. III (relating to partnerships and limited
liability companies), the trustee shall file an annual report
with the Office of Attorney General and the Department of
[Public Welfare] Human Services, along with an itemized
statement which shows the funds collected for the year,
income earned, salaries paid, other expenses incurred and the
opening and final trust balances. A copy of this statement
shall be available to the beneficiary, settlor or designee of
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the settlor upon request.
* * *
(e) Coordination of services.--
(1) The Department of [Public Welfare] Human Services
shall review and approve the pooled trust of an applicant for
medical assistance.
(2) In the determination of eligibility for medical
assistance benefits, the interest of a disabled beneficiary
in a pooled trust that has been approved by the Department of
[Public Welfare] Human Services shall not be considered as a
resource for purposes of determining the beneficiary's
eligibility for medical assistance.
* * *
(f) Notice.--The Office of Attorney General and the
Department of [Public Welfare] Human Services shall make
available information on the treatment of pooled trusts for the
individuals with disabilities in the medical assistance program.
* * *
Section 10 13. The definition of "agency" in section 2102 of
Title 23 is amended to read:
§ 2102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Agency." Any incorporated or unincorporated organization,
society, institution or other entity, public or voluntary, which
may receive or provide for the care of children, supervised by
the Department of [Public Welfare] Human Services and providing
adoption services in accordance with standards established by
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the department.
* * *
Section 11 14. Sections 2503(e), 2504(d), 2505(e), 2511(c),
2551, 2552, 2732 and 2910 of Title 23 are amended to read:
§ 2503. Hearing.
* * *
(e) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights are terminated, the court
shall advise that parent, in writing, of his or her continuing
right to place and update personal and medical history
information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2504. Alternative procedure for relinquishment.
* * *
(d) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent, the court shall also advise, in
writing, the parent whose rights have been terminated of his or
her continuing right to place and update personal and medical
history information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2505. Counseling.
* * *
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(e) Counseling fund.--Except as hereinafter provided, each
report of intention to adopt filed pursuant to section 2531
(relating to report of intention to adopt) shall be accompanied
by a filing fee in the amount of $75 which shall be paid into a
segregated fund established by the county. The county may also
make supplemental appropriations to the fund. All costs of
counseling provided pursuant to subsection (c) or (d) to
individuals who are unable to pay for such counseling shall be
paid from the fund. No filing fee may be exacted under this
subsection with respect to the adoption of a special needs child
who would be eligible for adoption assistance pursuant to
regulations promulgated by the Department of [Public Welfare]
Human Services. In addition, the court may reduce or waive the
fee in cases of demonstrated financial hardship.
§ 2511. Grounds for involuntary termination.
* * *
(c) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights have been terminated, the
court shall advise the parent, in writing, of his or her
continuing right to place and update personal and medical
history information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of [Public Welfare] Human
Services pursuant to Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2551. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
"PACE." The Pennsylvania Adoption Cooperative Exchange.
§ 2552. Pennsylvania Adoption Cooperative Exchange.
There shall be a Pennsylvania Adoption Cooperative Exchange
in the Office of Children, Youth and Families of the Department
of [Public Welfare] Human Services.
§ 2732. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." A public or private entity, including a county
agency, that:
(1) is licensed, supervised or regulated by the
Department of [Public Welfare] Human Services; and
(2) provides adoption services.
"Agreement." A voluntary written agreement between an
adoptive parent and a birth relative that is approved by a court
and provides for continuing contact or communication between the
child and the birth relative or between the adoptive parent and
the birth relative as provided under this subchapter.
"Birth relative." A parent, grandparent, stepparent,
sibling, uncle or aunt of the child's birth family, whether the
relationship is by blood, marriage or adoption.
"Child." An individual who is under 18 years of age.
"County agency." A county children and youth social service
agency established under section 405 of the act of June 24, 1937
(P.L.2017, No.396), known as the County Institution District
Law, or its successor, and supervised by the Department of
[Public Welfare] Human Services under Article IX of the act of
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June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code.
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
§ 2910. Penalty for unauthorized disclosure.
Any officer or employee of the court, other than a judge
thereof, the Department of Health, the Department of [Public
Welfare] Human Services or any agency who willfully discloses
impounded or otherwise confidential information relating to an
adoption, other than as expressly authorized and provided in
this chapter, commits a misdemeanor of the third degree.
Section 12 15. The definition of "department" in section
2911 of Title 23 is amended to read:
§ 2911. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 13 16. The definitions of "department" and "State
disbursement unit" in section 4302 of Title 23 are amended to
read:
§ 4302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
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Services of the Commonwealth.
* * *
"State disbursement unit." The organizational unit
established within the Department of [Public Welfare] Human
Services responsible for collecting and disbursing support as
provided in section 4374 (relating to State disbursement unit).
* * *
Section 14 17. Section 4306(c) of Title 23 is amended to
read:
§ 4306. Duties of Title IV-D attorney.
* * *
(c) Joinder of Department of [Public Welfare] Human
Services.--Whenever the record in any support action or
proceeding indicates that the persons for whom support is sought
have received public assistance from the Department of [Public
Welfare] Human Services at any time since the initiation of the
matter, the department may become a party to the action or
proceeding by filing an entry of appearance. This entry of
appearance may be entered without leave of court at any time and
at any stage of the action or proceeding.
Section 15 18. The definition of "net proceeds" in section
4308.1(i) of Title 23 is amended to read:
§ 4308.1. Collection of overdue support from monetary awards.
* * *
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Net proceeds." Moneys in excess of $5,000 payable to a
prevailing party or beneficiary, or in the case of an award
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under the act of June 2, 1915 (P.L.736, No.338), known as the
Workers' Compensation Act, or the act of June 21, 1939 (P.L.566,
No.284), known as The Pennsylvania Occupational Disease Act, the
claimant after payment of attorney fees, witness fees, court
costs, reasonable litigation expenses, documented unpaid
expenses incurred for medical treatment causally related to the
claim, any workers' compensation or occupational disease
indemnity or medical payment and payments to the medical
assistance program under sections 1409 and 1412 of the act of
June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code.
* * *
Section 16 19. The definition of "health care coverage" in
section 4326(l) of Title 23 is amended to read:
§ 4326. Mandatory inclusion of child medical support.
* * *
(l) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Health care coverage." Coverage for medical, dental,
orthodontic, optical, psychological, psychiatric or other health
care services for a child. For the purposes of this section,
medical assistance under Subarticle (f) of Article IV of the act
of June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code, shall not be considered health care
coverage.
* * *
Section 17 20. Sections 4343(c)(6), 4355(d.6) and 4371 of
Title 23 are amended to read:
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§ 4343. Paternity.
* * *
(c) Genetic tests.--
* * *
(6) A determination of nonpaternity made by another
state with respect to a public assistance recipient shall not
be binding upon the Department of [Public Welfare] Human
Services unless the defendant shows that the department had
actual notice of the proceedings, including the date and time
of any trial, and a fair opportunity to participate in all
material proceedings through counsel of its own choice.
§ 4355. Denial or suspension of licenses.
* * *
(d.6) Immunity.--The court, the domestic relations section,
the Department of [Public Welfare] Human Services, the
Department of Transportation, the Pennsylvania Game Commission,
the Pennsylvania Fish and Boat Commission or any employee of any
of these entities or any person appointed by the Pennsylvania
Game Commission or the Pennsylvania Fish and Boat Commission to
issue licenses and permits pursuant to the applicable provisions
of 30 Pa.C.S. (relating to fish) and 34 Pa.C.S. (relating to
game) shall not be subject to civil or criminal liability for
carrying out their duties under this section.
* * *
§ 4371. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Assistance." Cash assistance, medical assistance or
designated services provided under Article IV of the act of June
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13, 1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code.
"Legally responsible relative." Effective January 1, 1997, a
spouse and a parent for an unemancipated minor child.
"Secretary." The Secretary of [Public Welfare] Human
Services of the Commonwealth.
Section 18 21. The definition of "assistance group" in
section 4374(g) of Title 23 is amended to read:
§ 4374. State disbursement unit.
* * *
(g) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Assistance group." The term shall have the meaning given in
section 402 of the act of June 13, 1967 (P.L.31, No.21), known
as the [Public Welfare] Human Services Code.
* * *
Section 19 22. The definition of "department" in section
4602 of Title 23 is amended to read:
§ 4602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
Section 20 23. Sections 4603(b)(2), 5103(a), (b), (c)(1),
(e) and (f), 5329.1(b)(1) and (2), 6106(d) and 6114(b)(2) of
Title 23 are amended to read:
§ 4603. Relatives' liability; procedure.
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* * *
(b) Amount.--
* * *
(2) For medical assistance for the aged other than
public nursing home care, as provided in section 401 of the
act of June 13, 1967 (P.L.31, No.21), known as the [Public
Welfare] Human Services Code, the following apply:
(i) Except as set forth in subparagraph (ii), the
amount of liability shall, during any 12-month period, be
the lesser of:
(A) six times the excess of the liable
individual's average monthly income over the amount
required for the reasonable support of the liable
individual and other persons dependent upon the
liable individual; or
(B) the cost of the medical assistance for the
aged.
(ii) The department may, by reasonable regulations,
adjust the liability under subparagraph (i), including
complete elimination of the liability, at a cost to the
Commonwealth not exceeding those funds certified by the
Secretary of the Budget as available for this purpose.
* * *
§ 5103. Acknowledgment and claim of paternity.
(a) Acknowledgment of paternity.--The father of a child born
to an unmarried woman may file with the Department of [Public
Welfare] Human Services, on forms prescribed by the department,
an acknowledgment of paternity of the child which shall include
the consent of the mother of the child, supported by her
witnessed statement subject to 18 Pa.C.S. § 4904 (relating to
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unsworn falsification to authorities). In such case, the father
shall have all the rights and duties as to the child which he
would have had if he had been married to the mother at the time
of the birth of the child, and the child shall have all the
rights and duties as to the father which the child would have
had if the father had been married to the mother at the time of
birth. The hospital or other person accepting an acknowledgment
of paternity shall provide written and oral notice, which may be
through the use of video or audio equipment, to the birth mother
and birth father of the alternatives to, the legal consequences
of and the rights and responsibilities that arise from, signing
the acknowledgment.
(b) Claim of paternity.--If the mother of the child fails or
refuses to join in the acknowledgment of paternity provided for
in subsection (a), the Department of [Public Welfare] Human
Services shall index it as a claim of paternity. The filing and
indexing of a claim of paternity shall not confer upon the
putative father any rights as to the child except that the
putative father shall be entitled to notice of any proceeding
brought to terminate any parental rights as to the child.
(c) Duty of hospital or birthing center.--Upon the birth of
a child to an unmarried woman, an agent of the hospital or
birthing center where the birth occurred shall:
(1) Provide the newborn's birth parents with an
opportunity to complete an acknowledgment of paternity. The
completed, signed and witnessed acknowledgment shall be sent
to the Department of [Public Welfare] Human Services. A copy
shall be given to each of the birth parents. This
acknowledgment shall contain:
(i) A signed, witnessed statement subject to 18
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Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) by the birth mother consenting to the
acknowledgment of paternity.
(ii) A signed, witnessed statement subject to 18
Pa.C.S. § 4904 by the birth father acknowledging his
paternity.
(iii) A written explanation of the parental duties
and parental rights which arise from signing such a
statement.
(iv) The Social Security numbers and addresses of
both birth parents.
* * *
(e) Transfer.--The Department of Health shall transfer to
the Department of [Public Welfare] Human Services all
acknowledgments or claims of paternity filed with the Department
of Health under prior statutes.
(f) Certifications.--The Department of [Public Welfare]
Human Services shall provide necessary certifications under Part
III (relating to adoption) as to whether any acknowledgment or
claim of paternity has been filed in regard to any child who is
a prospective adoptive child.
* * *
§ 5329.1. Consideration of child abuse and involvement with
protective services.
* * *
(b) Cooperation.--The following apply:
(1) The Department of [Public Welfare] Human Services
and the county children and youth social service agency shall
fully cooperate with the court and assist the court in
fulfilling its duties under this section.
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(2) The Department of [Public Welfare] Human Services
and the county children and youth social service agency shall
fully cooperate with the governing authority in order to
implement the provisions of this section.
* * *
§ 6106. Commencement of proceedings.
* * *
(d) Surcharge on order.--When a protection order is granted
under section 6107(a), other than pursuant to an agreement of
the parties, a surcharge of $100 shall be assessed against the
defendant. All moneys received from surcharges shall be
distributed in the following order of priority:
(1) $25 shall be forwarded to the Commonwealth and shall
be appropriated to the Pennsylvania State Police to establish
and maintain the Statewide registry of protection orders
provided for in section 6105.
(2) $50 shall be retained by the county and shall be
used to carry out the provisions of this chapter as follows:
(i) $25 shall be used by the sheriff.
(ii) $25 shall be used by the court.
(3) $25 shall be forwarded to the Department of [Public
Welfare] Human Services for use for victims of domestic
violence in accordance with the provisions of section 2333 of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
* * *
§ 6114. Contempt for violation of order or agreement.
* * *
(b) Trial and punishment.--
* * *
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(2) All money received under this section shall be
distributed in the following order of priority:
(i) $100 shall be forwarded to the Commonwealth and
shall be appropriated to the Pennsylvania State Police to
establish and maintain the Statewide registry of
protection orders provided for in section 6105 (relating
to responsibilities of law enforcement agencies).
(ii) $100 shall be retained by the county and shall
be used to carry out the provisions of this chapter as
follows:
(A) $50 shall be used by the sheriff.
(B) $50 shall be used by the court.
(iii) $100 shall be forwarded to the Department of
[Public Welfare] Human Services for use for victims of
domestic violence in accordance with the provisions of
section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(iv) Any additional money shall be forwarded to the
Commonwealth and shall be used by the Pennsylvania State
Police to establish and maintain the Statewide registry
of protection orders provided for in section 6105.
* * *
Section 21 24. The definition of "county agency" in section
6303(a) of Title 23 is amended to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"County agency." The county children and youth social
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service agency established pursuant to section 405 of the act of
June 24, 1937 (P.L.2017, No.396), known as the County
Institution District Law, or its successor, and supervised by
the department under Article IX of the act of June 13, 1967
(P.L.31, No.21), known as the [Public Welfare] Human Services
Code.
* * *
Section 22 25. Sections 6311(a)(16), 6341(b), 6344(a)(8) and
(d.3)(1), 6363, 6376(d), 6383(b)(4) and (c)(1) and 6385 of Title
23 are amended to read:
§ 6311. Persons required to report suspected child abuse.
(a) Mandated reporters.--The following adults shall make a
report of suspected child abuse, subject to subsection (b), if
the person has reasonable cause to suspect that a child is a
victim of child abuse:
* * *
(16) An adult family member who is a person responsible
for the child's welfare and provides services to a child in a
family living home, community home for individuals with an
intellectual disability or host home for children which are
subject to supervision or licensure by the department under
Articles IX and X of the act of June 13, 1967 (P.L.31,
No.21), known as the [Public Welfare] Human Services Code.
* * *
§ 6341. Amendment or expunction of information.
* * *
(b) Review of grant of request.--If the secretary grants the
request under subsection (a)(2), the Statewide database,
appropriate county agency, appropriate law enforcement officials
and all subjects shall be so advised of the decision. The county
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agency and any subject have 90 days in which to file an
administrative appeal with the secretary. If an administrative
appeal is received, the secretary or his designated agent shall
schedule a hearing pursuant to Article IV of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code, attending departmental regulations. If no
administrative appeal is received within the designated time
period, the Statewide database shall comply with the decision of
the secretary and advise the county agency to amend or expunge
the information in their records so that the records are
consistent at both the State and local levels.
* * *
§ 6344. Employees having contact with children; adoptive and
foster parents.
(a) Applicability.--Beginning December 31, 2014, this
section applies to the following individuals:
* * *
(8) An individual 18 years of age or older who resides
for at least 30 days in a calendar year in the following
homes which are subject to supervision or licensure by the
department under Articles IX and X of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code:
(i) A family living home.
(ii) A community home for individuals with an
intellectual disability.
(iii) A host home for children.
This paragraph does not include an individual with an
intellectual disability or chronic psychiatric disability
receiving services in a home.
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* * *
(d.3) Family living homes, community homes for individuals
with an intellectual disability and host homes.--
(1) The following shall apply to an individual over 18
years of age residing in a family living home, a community
home for individuals with an intellectual disability or a
host home for children, which are subject to supervision or
licensure by the department under Articles IX and X of the
[Public Welfare] Human Services Code:
(i) If an individual is arrested for or convicted of
an offense that would constitute grounds for denying
approval under this chapter, or is named as a perpetrator
in a founded or indicated report, the individual shall
provide the agency with written notice not later than 72
hours after the arrest, conviction or notification that
the individual was named as a perpetrator in the
Statewide database.
(ii) The adult family member who is providing
services to a child in the home shall be required to
report any other change in the household composition
within 30 days of the change for review by the agency. If
any individual over 18 years of age, who has resided
outside this Commonwealth at any time within the previous
five-year period, begins residing in the home, that
individual shall, within 30 days of beginning residence,
submit to the agency a certification obtained from the
Statewide database, or its equivalent in each state in
which the individual has resided within the previous
five-year period, as to whether the person is named as a
perpetrator. If the certification shows that the person
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is named as a perpetrator within the previous five-year
period, the agency shall forward the certification to the
department for review.
* * *
§ 6363. County plan for protective services.
The county agency shall include provisions for protective
services in its annual plan as required by the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code.
§ 6376. Appeals with respect to general protective services.
* * *
(d) Hearing.--If a hearing is requested, the secretary or
his designated agent shall schedule a hearing pursuant to
Article IV of the act of June 13, 1967 (P.L.31, No.21), known as
the [Public Welfare] Human Services Code, and applicable
department regulations. The burden of proof in the hearing shall
be on the county agency. The department shall assist the county
agency as necessary.
* * *
§ 6383. Education and training.
* * *
(b) Duties of Department of State.--
* * *
(4) A licensing board with jurisdiction over
professional licensees identified as mandated reporters under
this chapter may exempt an applicant or licensee from the
training or continuing education required by paragraph (3) if
all of the following apply:
(i) The applicant or licensee submits documentation
acceptable to the licensing board that the person has
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already completed child abuse recognition training.
(ii) The training was:
(A) required by section 1205.6 of the act of
March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, and the training program was
approved by the Department of Education in
consultation with the department; or
(B) required by the act of June 13, 1967
(P.L.31, No.21), known as the [Public Welfare] Human
Services Code, and the training program was approved
by the department.
(iii) The amount of training received equals or
exceeds the amount of training or continuing education
required by paragraph (3).
* * *
(c) Training of persons subject to department regulation.--
(1) The following persons shall be required to meet the
child abuse recognition and reporting training requirements
of this subsection:
(i) Operators of institutions, facilities or
agencies which care for children and are subject to
supervision by the department under Article IX of the
[Public Welfare] Human Services Code, and their employees
who have direct contact with children.
(ii) Foster parents.
(iii) Operators of facilities and agencies which
care for children and are subject to licensure by the
department under Article X of the [Public Welfare] Human
Services Code and their employees who have direct contact
with children.
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(iv) Caregivers in family child-care homes which are
subject to licensure by the department under Article X of
the [Public Welfare] Human Services Code and their
employees who have direct contact with children.
(v) The adult family member who is a person
responsible for the child's welfare and is providing
services to a child in a family living home, a community
home for individuals with an intellectual disability or a
host home which is subject to supervision or licensure by
the department under Articles IX and X of the [Public
Welfare] Human Services Code.
* * *
§ 6385. Reimbursement to county agencies.
The department shall certify in accordance with the needs-
based budgeting provisions of Article VII of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code, a level of funds sufficient to meet the cost of
services required by the provisions of this chapter which are
reasonable and allowable as defined in Article VII.
Section 23 26. The definition of "department" in section
6502 of Title 23 is amended to read:
§ 6502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 24 27. The definitions of "department" and "obligee"
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"department," "obligee" and "secretary" in section 8101(b) of
Title 23 are amended to read:
§ 8101. Short title of part and definitions.
* * *
(b) Definitions.--Subject to additional definitions
contained in subsequent provisions of this part which are
applicable to specific provisions of this part, the following
words and phrases when used in this part shall have the meanings
given to them in this section unless the context clearly
indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"Obligee." Any of the following:
(1) An individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered.
(2) A political subdivision to which the rights under a
duty of support or support order have been assigned or which
has independent claims based on financial assistance provided
to an individual obligee.
(3) An individual seeking a judgment determining
parentage of the individual's child.
(4) The Department of [Public Welfare] Human Services.
* * *
"Secretary." The Secretary of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 25 28. Section 1201 of Title 25 is amended to read:
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§ 1201. Departmental responsibilities.
The department shall do all of the following:
(1) Provide for applicants to submit their voter
registration application to a commission, the Department of
Transportation and other agencies designated in section 1325
(relating to government agencies).
(2) Prescribe a procedure for the return of completed
voter registration applications from the Department of
Transportation, the Department of [Public Welfare] Human
Services, armed forces recruitment centers, Offices of the
Clerk of Orphan's Court and all other offices under this part
to the secretary or the appropriate commission.
(3) Develop, establish, implement and administer a
Statewide Uniform Registry of Electors in accordance with
Subchapter B (relating to Statewide Uniform Registry of
Electors (SURE)).
(4) Promulgate regulations necessary to administer this
part.
Section 26 29. Section 306(a) of Title 30 is amended to
read:
§ 306. Boating Advisory Board.
(a) Composition.--There is hereby continued within the
commission a Boating Advisory Board. The board shall consist of
the Secretary of [Environmental [Resources] Protection
Conservation and Natural Resources, or his designee, the
executive director of the commission and the assistant executive
director of the commission in charge of watercraft safety, all
of whom shall be ex officio members, and five volunteer members
to be appointed by the Governor for terms of five years or, in
the case of a vacancy, for the remainder of the unexpired term.
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* * *
Section 27 30. Section 723(3) of Title 34 is amended to
read:
§ 723. Exchange or sale.
The commission may, by resolution adopted by a majority of
the members present and voting at a public meeting:
* * *
(3) Sell lands to the Department of [Environmental]
Conservation and Natural Resources for State forests or to
the Federal Government for National Forests or National
Wildlife Refuges when in the best interests of game or
wildlife.
Section 28 31. The definition of "custodial child care
facility" in section 7102 of Title 35 is amended to read:
§ 7102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Custodial child care facility." A child day care center as
defined under section 1001 of the act of June 13, 1967 (P.L.31,
No.21), known as the [Public Welfare] Human Services Code, or
nursery school licensed or regulated by the Commonwealth.
* * *
Section 29 32. Sections 7312(a), 7385(b) and 7701(b) of
Title 35 are amended to read:
§ 7312. Organization.
This agency shall consist of and be organized substantially
as follows:
(a) Council.--Primary responsibility for overall policy and
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direction of a Statewide civil defense and disaster program and
response capability of the type hereinafter prescribed shall be
vested in a body legally known as the Pennsylvania Emergency
Management Council, which shall be composed of: the Governor,
Lieutenant Governor, Adjutant General, Secretary of Health,
Attorney General, General Counsel, Secretary of Community
[Affairs] and Economic Development, Secretary of Environmental
Protection, Secretary of Transportation, Secretary of
Agriculture, Secretary of [Public Welfare] Human Services,
Commissioner of the Pennsylvania State Police, Chairman of the
Public Utility Commission, State Fire Commissioner, Speaker of
the House of Representatives, President pro tempore of the
Senate, Minority Leader of the Senate and Minority Leader of the
House of Representatives. The Speaker of the House of
Representatives, President pro tempore of the Senate, Minority
Leader of the Senate and Minority Leader of the House of
Representatives may authorize a member of their respective
Houses of the General Assembly to serve in their stead. The
Governor may authorize up to two representatives of business and
industry, up to two representatives of labor, up to two public
members at large and one representative respectively of the
Pennsylvania State Association of County Commissioners, the
Pennsylvania State Association of Township Commissioners, the
Pennsylvania State Association of Township Supervisors, the
Pennsylvania League of Cities and the Pennsylvania State
Association of Boroughs to be nonvoting members of the council.
The Governor may designate a member to serve as chairman. Five
members shall constitute a quorum.
* * *
§ 7385. Pennsylvania Fire and Emergency Medical Services Loan
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Program.
* * *
(b) Transfer.--There are transferred to the commissioner, to
be used, employed and expended in connection with the functions,
powers and duties enumerated in subsection (a), personnel,
contractual obligations, if any, mortgages, liens, encumbrances
and any other secured interests, records, files, property,
supplies and equipment now being used or held in connection with
such functions, powers and duties and the unexpended balance of
appropriations, allocations and other funds available or to be
made available for use in connection with such functions, powers
and duties as previously were vested in the former Department of
Community Affairs under Subchapter E and transferred to the
agency by Reorganization Plan No.7 of 1981 (P.L.615).
§ 7701. Duties concerning disaster prevention.
* * *
(b) Department of Environmental [Resources] Protection.--The
Department of Environmental [Resources] Protection, in
conjunction with the Pennsylvania Emergency Management Agency,
shall keep land uses and construction of structures and other
facilities under continuing study and identify areas which are
particularly susceptible to severe land shifting, subsidence,
flood or other catastrophic occurrence. The studies under this
subsection shall concentrate on means of reducing or avoiding
the dangers caused by this occurrence or the consequences
thereof.
* * *
Section 30 33. Section Sections 306(2) and 705(b)(1) of
Title 37 is are amended to read:
§ 306. Publications and reproductions.
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The commission shall have the power and duty to:
* * *
(2) Official repositories.--Establish one official
repository for its publications from among the qualified
historical or archaeological societies within each of the
geographic areas established and defined by the Department of
Community [Affairs] and Economic Development as "Standard
Regions." The Pennsylvania State Library and the Library of
Congress shall also be official repositories for commission
publications.
* * *
§ 705. United States Brig Niagara.
* * *
(b) Powers and duties of the commission.--The commission
shall have the power and duty to:
(1) Cooperate with the Department of Military and
Veterans Affairs, the United States Navy and other
appropriate organizations in commemorating significant events
of our naval and maritime heritage.
* * *
Section 31 34. Section 6121 of Title 40 is amended to read:
§ 6121. Eligible hospitals.
Any hospital plan corporation may enter into contracts for
the rendering of hospitalization to any of its subscribers only
with hospitals operated by the Commonwealth, or its agencies, or
by political subdivisions, or by corporations organized under
the laws of this Commonwealth for hospital purposes, or with
such other hospitals as are approved by the Department of
[Public Welfare] Human Services.
Section 32 35. Sections 761(a)(1), 2705(a), (c) and (f),
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3502(b), 3721(c)(2) and 4521.1(a)(1) of Title 42 are amended to
read:
§ 761. Original jurisdiction.
(a) General rule.--The Commonwealth Court shall have
original jurisdiction of all civil actions or proceedings:
(1) Against the Commonwealth government, including any
officer thereof, acting in his official capacity, except:
(i) actions or proceedings in the nature of
applications for a writ of habeas corpus or post-
conviction relief not ancillary to proceedings within the
appellate jurisdiction of the court;
(ii) eminent domain proceedings;
(iii) actions or proceedings conducted pursuant to
Chapter 85 (relating to matters affecting government
units);
(iv) actions or proceedings conducted pursuant to
the former act of May 20, 1937 (P.L.728, No.193),
referred to as the Board of Claims Act, or 62 Pa.C.S. Ch.
17 Subch. C (relating to Board of Claims); and
(v) actions or proceedings in the nature of trespass
as to which the Commonwealth government formerly enjoyed
sovereign or other immunity and actions or proceedings in
the nature of assumpsit relating to such actions or
proceedings in the nature of trespass.
* * *
§ 2705. Responsibility for reports to executive agencies.
(a) Community [Affairs] and Economic Development.--The
office of clerk of the court of common pleas shall certify to
the Department of Community [Affairs] and Economic Development a
copy of any order of court incorporating, merging, dissolving,
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annexing any territory from or to, confirming the adoption,
amendment or repeal of any home rule charter or optional plan of
government, or otherwise affecting the corporate status of any
municipality.
* * *
(c) [Department of Justice] Office of Attorney General.--The
prothonotary and the clerk of the courts shall make to the
[Department of Justice] Office of Attorney General such periodic
or special reports concerning criminal matters as the
[department] Office of Attorney General may specify by
regulation.
* * *
(f) Superseding administrative office procedures and
standards.--The manner of making any informational report
required by or pursuant to subsections (a) through (e) or by or
pursuant to any other similar statute by the office of the clerk
of the court of common pleas may be modified by procedures and
standards prescribed pursuant to section 4301 (relating to
establishment and maintenance of judicial records) with the
approval of the [Department of Justice] Attorney General.
§ 3502. Financial regulations.
* * *
(b) County staff.--The Department of Community [Affairs] and
Economic Development, with the approval of the governing
authority, may promulgate regulations relating to forms and
accounting methods to be utilized in connection with the
judicial and related accounts to be maintained pursuant to this
part, designating the county staff who shall establish and
maintain the judicial and related account of the political
subdivision, defining for accounting purposes terms not
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otherwise defined, used in this part in connection with judicial
and related accounts, specifying the time and manner of making
remittances and disbursements of moneys under this part by
county staff and fixing bonding requirements of county staff
handling moneys which are subject to this part. As used in this
subsection the term "county staff" includes personnel, except
judicial officers, of the City of Pittsburgh.
* * *
§ 3721. County judicial center or courthouse.
* * *
(c) Child-care facilities.--
* * *
(2) If a child-care facility is provided under paragraph
(1):
(i) The child-care facility shall be licensed and
operated pursuant to Articles IX and X of the act of June
13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code, and regulations of the Department of
[Public Welfare] Human Services.
(ii) In addition to any other court cost or filing
fee authorized to be collected by law, an additional fee
of $5 shall be charged and collected by the prothonotary,
clerk of orphans' court and register of wills of the
county or by any official designated to perform the
functions thereof for the initiation of any civil action
or legal proceeding.
(iii) In addition to any other court cost or filing
fee authorized to be collected by law, an additional fee
of $5 shall be charged and collected by the clerk of
courts of the county or by any official designated to
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perform the functions thereof for the initiation of any
criminal proceeding for which a fee, charge or cost
authorized on the effective date of this subsection and
for which a conviction is obtained or guilty plea is
entered.
* * *
§ 4521.1. Statewide jury information system.
(a) General rule.--Notwithstanding any prohibition found in
any other law, regulation or rule to the contrary, the following
departments shall submit to the Court Administrator of
Pennsylvania, in a format provided herein, a list of individuals
as designated for that department to be included in a Statewide
jury information system on or before October 31 of each year:
(1) The Department of [Public Welfare] Human Services -
every individual resident in this Commonwealth who receives
cash assistance or food stamps pursuant to a Federal or State
program through the department except as prohibited by
Federal law or regulation.
* * *
Section 33 36. The definition of "eligible legal services
provider" in section 4903 of Title 42 is amended to read:
§ 4903. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible legal services provider." A not-for-profit entity
incorporated in this Commonwealth, tax exempt under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
514, 26 U.S.C. § 501(c)(3)) or any successor provision, which
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operates within this Commonwealth for the primary purpose of
providing civil legal services without charge and which operates
to provide such civil legal services to eligible clients and
victims of abuse under contract or subcontract with the
Department of [Public Welfare] Human Services for the
expenditure of funds appropriated by the General Assembly for
the provision of legal services.
* * *
Section 34 37. The definitions of "health care provider" and
"hospital" in section 5101.1(c) of Title 42 are amended to read:
§ 5101.1. Venue in medical professional liability actions.
* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Health care provider." A primary health care center, a
personal care home licensed by the Department of [Public
Welfare] Human Services pursuant to the act of June 13, 1967
(P.L.31, No.21), known as the [Public Welfare] Human Services
Code, or a person, including a corporation, university or other
educational institution licensed or approved by the Commonwealth
to provide health care or professional medical services as a
physician, a certified nurse midwife, a podiatrist, hospital,
nursing home, birth center, and an officer, employee or agent of
any of them acting in the course and scope of employment.
"Hospital." An entity licensed as a hospital under the act
of June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services Code, or the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act.
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* * *
Section 35 38. Sections 5552(b)(4), 5950(d), 5974(b),
62A05(c.1)(3) and (d)(5) and 62A14(d)(5) of Title 42 are amended
to read:
§ 5552. Other offenses.
* * *
(b) Major offenses.--A prosecution for any of the following
offenses must be commenced within five years after it is
committed:
* * *
(4) Under the act of June 13, 1967 (P.L.31, No.21),
known as the [Public Welfare] Human Services Code.
* * *
§ 5950. Confidential communications involving law enforcement
officers.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Coparticipant." An individual who participates in a group
critical incident stress management team intervention.
"Critical incident." A situation responded to by a law
enforcement officer which presents or involves either the death
or serious bodily injury of an individual or the imminent
potential of such death or serious bodily injury, or any
situation faced by a law enforcement officer in the course of
duty which causes or may cause the law enforcement officer to
experience unusually strong negative emotional reactions.
"Critical Incident Stress Management Network." A network
that meets the requirements of membership with the Pennsylvania
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Voluntary Critical Incident Stress Management Network as
administered by the Department of Health and is registered with
the International Critical Incident Stress Foundation.
"Critical incident stress management services."
Consultation, risk assessment, education, intervention,
briefing, defusing, debriefing, onsite services, referral and
other crisis intervention services provided by a critical
incident stress management team to a law enforcement officer
prior to, during or after a critical incident.
"Critical incident stress management team member." An
individual who is specially trained to provide critical incident
stress management services as a member of a police agency or
organization critical incident stress management team that holds
membership in the Commonwealth's critical incident stress
management network.
"Government unit." The General Assembly and its officers and
agencies; the Governor and the departments, boards, commissions,
authorities and officers and agencies of the Commonwealth or
other instrumentalities thereof; any political subdivision,
municipality, school district or other local authority and the
departments, boards, commissions, authorities and officers and
agencies of such political subdivisions or other
instrumentalities thereof; and any court or other officer or
agency of the unified judicial system or instrumentality
thereof.
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) Any enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(3) A parole agent of the Department of Corrections.
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(4) A Capitol Police officer.
(5) A Department of Conservation and Natural Resources
ranger.
(6) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(7) Any member of a port authority or other authority
police department.
(8) Any police officer of a county, region, city,
borough, town or township.
(9) Any sheriff or deputy sheriff.
(10) A member of the Pennsylvania Fish and Boat
Commission.
(11) A Pennsylvania Wildlife Conservation Officer.
(12) A member of a campus police force with the power to
arrest under section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
As used in this paragraph, the term "campus police" has the
meaning given in section 302 of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act.
(13) A member of the Fort Indiantown Gap Police Force.
§ 5974. Summoning prisoner in this Commonwealth to testify in
another state.
* * *
(b) Hearing.--Upon presentation of the certificate to any
court having jurisdiction over the person confined and upon
notice to the [Bureau of Correction] Department of Corrections,
the court in this Commonwealth shall fix a time and place for a
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hearing and shall make an order, directed to the person having
custody of the prisoner, requiring that the prisoner be produced
before it at the hearing.
§ 62A05. Commencement of proceedings.
* * *
(c.1) Surcharge on order.--When an order is granted under
section 62A06 (relating to hearings), a surcharge of $100 shall
be assessed against the defendant. All moneys received from
surcharges shall be distributed in the following order of
priority:
* * *
(3) Twenty-five dollars shall be forwarded to the
Department of [Public Welfare] Human Services for use for
victims of sexual assault in accordance with the provisions
of section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
* * *
(d) Service.--
* * *
(5) In the case of a minor victim of sexual violence, a
copy of the petition and order shall be served upon the
county agency and the Department of [Public Welfare] Human
Services. For purposes of this subparagraph, the term "county
agency" shall be as defined in 23 Pa.C.S. § 6303 (relating to
definitions).
* * *
§ 62A14. Contempt for violation of order.
* * *
(d) Trial and punishment.--
* * *
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(5) All moneys received under this section shall be
distributed in the following order of priority:
(i) One hundred dollars shall be forwarded to the
Commonwealth and shall be used by the Pennsylvania State
Police to establish and maintain the Statewide registry
of protection orders provided for in section 62A04(c)
(relating to responsibilities of law enforcement
agencies).
(ii) One hundred dollars shall be retained by the
county and shall be used to carry out the provisions of
this chapter as follows:
(A) Fifty dollars shall be used by the sheriff.
(B) Fifty dollars shall be used by the court.
(iii) One hundred dollars shall be forwarded to the
Department of [Public Welfare] Human Services for use for
victims of sexual assault in accordance with the
provisions of section 2333 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(iv) Any additional money shall be distributed in
the manner under subparagraph (i).
* * *
Section 36 39. The definition of "shelter care" in section
6302 of Title 42 is amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Shelter care." Temporary care of a child in physically
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unrestricted facilities. A facility approved by the Department
of [Public Welfare] Human Services to provide shelter care may
be located in the same building as a facility approved to
provide secure detention services provided that children
receiving shelter care services are segregated from the children
receiving secure detention services as required by the
department.
Section 37 40. Sections 6303(a)(4), 6306, 6308(a)(6),
6327(a), (c.1)(1), (e) and (f), 6336.1(b)(3) introductory
paragraph, 6352(a)(3) and (4) and 6353(c) of Title 42 are
amended to read:
§ 6303. Scope of chapter.
(a) General rule.--This chapter shall apply exclusively to
the following:
* * *
(4) Proceedings under the Interstate Compact on
Juveniles, as set forth in section 731 of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code.
* * *
§ 6306. Costs and expenses of care of child.
The costs and expenses of the care of the child shall be paid
as provided by sections 704.1 and 704.2 of the act of June 13,
1967 (P.L.31, No.21), known as the ["Public Welfare Code."]
Human Services Code.
§ 6308. Law enforcement records.
(a) General rule.--Law enforcement records and files
concerning a child shall be kept separate from the records and
files of arrests of adults. Unless a charge of delinquency is
transferred for criminal prosecution under section 6355
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(relating to transfer to criminal proceedings), the interest of
national security requires, or the court otherwise orders in the
interest of the child, the records and files shall not be open
to public inspection or their contents disclosed to the public
except as provided in subsection (b); but inspection of the
records and files is permitted by:
* * *
(6) The Department of [Public Welfare] Human Services
for use in determining whether an individual named as the
perpetrator of an indicated report of child abuse should be
expunged from the Statewide database.
* * *
§ 6327. Place of detention.
(a) General rule.--A child alleged to be delinquent may be
detained only in:
(1) A licensed foster home or a home approved by the
court.
(2) A facility operated by a licensed child welfare
agency or one approved by the court.
(3) A detention home, camp, center or other facility for
delinquent children which is under the direction or
supervision of the court or other public authority or private
agency, and is approved by the Department of [Public Welfare]
Human Services.
(4) Any other suitable place or facility, designated or
operated by the court and approved by the Department of
[Public Welfare] Human Services.
Under no circumstances shall a child be detained in any facility
with adults, or where the child is apt to be abused by other
children.
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* * *
(c.1) Detention of child.--
(1) A child who is subject to criminal proceedings
having been charged with an act set forth under paragraph
(2)(i), (ii) or (iii) of the definition of "delinquent act"
in section 6302, who has not been released on bail and who
may seek or is seeking transfer to juvenile proceedings under
section 6322 (relating to transfer from criminal proceedings)
may be detained in a secure detention facility approved by
the Department of [Public Welfare] Human Services for the
detention of alleged and adjudicated delinquent children if
the attorney for the Commonwealth has consented to and the
court has ordered the detention.
* * *
(e) Detention of dependent child.--A child alleged to be
dependent may be detained or placed only in a Department of
[Public Welfare] Human Services approved shelter care facility
as stated in subsection (a)(1), (2) and (4), and shall not be
detained in a jail or other facility intended or used for the
detention of adults charged with criminal offenses, but may be
detained in the same shelter care facilities with alleged or
adjudicated delinquent children.
(f) Development of approved shelter care programs.--The
Department of [Public Welfare] Human Services shall develop or
assist in the development in each county of this Commonwealth
approved programs for the provision of shelter care for children
needing these services who have been taken into custody under
section 6324 (relating to taking into custody) and for children
referred to or under the jurisdiction of the court.
§ 6336.1. Notice and hearing.
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* * *
(b) Permanency hearings.--
* * *
(3) The Department of [Public Welfare] Human Services
shall develop a form for use by a foster parent or parents,
preadoptive parent or relative providing care for the child,
including, but not limited to, the following information:
* * *
§ 6352. Disposition of delinquent child.
(a) General rule.--If the child is found to be a delinquent
child the court may make any of the following orders of
disposition determined to be consistent with the protection of
the public interest and best suited to the child's treatment,
supervision, rehabilitation and welfare, which disposition
shall, as appropriate to the individual circumstances of the
child's case, provide balanced attention to the protection of
the community, the imposition of accountability for offenses
committed and the development of competencies to enable the
child to become a responsible and productive member of the
community:
* * *
(3) Committing the child to an institution, youth
development center, camp, or other facility for delinquent
children operated under the direction or supervision of the
court or other public authority and approved by the
Department of [Public Welfare] Human Services.
(4) If the child is 12 years of age or older, committing
the child to an institution operated by the Department of
[Public Welfare] Human Services.
* * *
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§ 6353. Limitation on and change in place of commitment.
* * *
(c) Notice of available facilities and services.--
Immediately after the Commonwealth adopts its budget, the
Department of [Public Welfare] Human Services shall notify the
courts and the General Assembly, for each Department of [Public
Welfare] Human Services region, of the available:
(1) Secure beds for the serious juvenile offenders.
(2) General residential beds for the adjudicated
delinquent child.
(3) The community-based programs for the adjudicated
delinquent child.
If the population at a particular institution or program exceeds
110% of capacity, the department shall notify the courts and the
General Assembly that intake to that institution or program is
temporarily closed and shall make available equivalent services
to children in equivalent facilities.
Section 38 41. The definition of "department" in section
6402 of Title 42 is amended to read:
§ 6402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
Section 39 42. Sections 6403(b)(3), 6404.2(c) and, 6406
heading, 9107, 9144.1 and 9727(b)(2) of Title 42 are amended to
read:
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§ 6403. Court-ordered involuntary treatment.
* * *
(b) Procedures for initiating court-ordered involuntary
commitment.--
* * *
(3) The court shall set a date for the hearing which
shall be held within 30 days of the filing of the petition
pursuant to paragraph (1) and direct the person to appear for
the hearing. A copy of the petition and notice of the hearing
date shall be served on the person, the attorney who
represented the person at the most recent dispositional
review hearing pursuant to section 6358(e) and the county
solicitor or a designee. A copy of the petition, the
assessment and notice of the hearing date shall also be
provided to the director of the facility operated by the
department pursuant to section 6406(a) (relating to duty of
Department of [Public Welfare] Human Services). The person
and the attorney who represented the person shall, along with
copies of the petition, also be provided with written notice
advising that the person has the right to counsel and that,
if he cannot afford one, counsel shall be appointed for the
person.
* * *
§ 6404.2. Duration of outpatient commitment and review.
* * *
(c) Status reports.--An involuntary outpatient treatment
provider shall submit a report on the person's status and
clinical progress, on a form prescribed by the department, to
the facility operated by the department pursuant to section
6406(a) (relating to duty of Department of [Public Welfare]
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Human Services), not less than every 30 days.
* * *
§ 6406. Duty of Department of [Public Welfare] Human Services.
* * *
§ 9107. Administrator and information agent.
The [Department of Justice] Attorney General shall serve as
central administrator of and information agent for the Agreement
on Detainers.
§ 9144.1. Payment of expenses, costs and fees.
All costs and expenses shall be paid out of the county
treasury in the county wherein the crime is alleged to have been
committed: Provided, however, That all costs and expenses
incurred by a county in extraditing a person who, upon release
from a Federal prison, is apprehended on a writ of detainer
issued by a state other than Pennsylvania, shall be reimbursed
by the [Department of Justice] Attorney General. Reimbursable
costs and expenses incurred in any extradition proceeding shall
include, but not be limited to, apprehending, securing,
transmitting and maintaining the prisoner, as well as food,
court fees and counsel fees. Any person released from a Federal
prison for whom extradition proceedings have been initiated and
who is apprehended on a writ of detainer issued by a state other
than Pennsylvania, shall be transferred to the [Bureau of
Correction] Department of Corrections as soon as possible until
such extradition occurs or until he is released by the court.
The [Commissioner of Correction] Secretary of Corrections shall
accept such transfer. The [Bureau of Correction] Department of
Corrections shall make every effort to be reimbursed for all
costs and expenses from the state which is seeking extradition.
§ 9727. Disposition of persons found guilty but mentally ill.
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* * *
(b) Treatment.--
* * *
(2) The cost for treatment of offenders found guilty but
mentally ill, committed to the custody of the [Bureau of
Correction] Department of Corrections and transferred to a
mental health facility, shall be borne by the Commonwealth.
* * *
Section 40 43. Section Chapter 7 heading and sections 1508,
1511(b) and 7502(a) of Title 51 is are amended to read:
CHAPTER 7
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
§ 1508. Payment of armory rentals by Commonwealth.
The annual rental of all armories and buildings not owned by
the Commonwealth and occupied by any organization, shall be paid
by the State Treasurer in the manner provided by law. All
payments for light, heat, water and janitor services in rented
armories and buildings shall be made by the Department of
Military and Veterans Affairs upon properly itemized vouchers,
except where such services are furnished by the landlord under
the rental contract.
§ 1511. State Treasury Armory Fund.
* * *
(b) Appropriation.--Moneys in the State Treasury Armory Fund
are hereby appropriated to the Department of Military and
Veterans Affairs in such amounts as may be determined annually
by the Governor to be used for the purposes specified in
subsections (c) and (d).
* * *
§ 7502. Retention of licenses and certifications of persons
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entering military service.
(a) General rule.--Any person licensed or certified by the
Department of State, Department of Labor and Industry,
Department of Education, Insurance Department, Department of
Banking and Securities or the Municipal Police Officers'
Education and Training Commission or pursuant to the act of
October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons
Training Act, to practice any profession or to work at any trade
or occupation, who heretofore has or shall thereafter enlist or
be inducted or drafted into the military or naval service of the
United States in time of war or preparation for national defense
during a national emergency, shall not thereby forfeit his or
her current license or registration and shall be exempt from any
continuing educational requirements or in-service training
requirements.
* * *
Section 44. The definition of "eligible disabled or deceased
veteran" in section 8701 of Title 51 is amended to read:
§ 8701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible disabled or deceased veteran." A person who served
in the military or naval forces of the United States, or a
women's organization officially connected therewith, who:
(1) was killed in action or died as a result of wounds
incurred during a period of war or armed conflict or as a
result of hostile fire or terrorist attack during peacetime
(as determined by the Department of Military and Veterans
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Affairs);
(2) died in service during a period of war or armed
conflict;
(3) was honorably discharged from the military or naval
forces of the United States and certified by the United
States Veterans' Administration as a 100% disabled veteran as
a result of service during a period of war or armed conflict
or as a result of hostile fire or terrorist attack (as
determined by the Department of Military and Veterans
Affairs) during peacetime; or
(4) was honorably discharged from the military or naval
forces of the United States and died as a result of a
service-connected disability (as certified by the United
States Veterans' Administration) incurred during a period of
war or armed conflict or as a result of peacetime hostile
fire or terrorist attack (as determined by the Department of
Military and Veterans Affairs).
* * *
Section 45. Sections 9102(a) and 9301(a) of Title 51 are
amended to read:
§ 9102. Affidavits and acknowledgments by designated officers.
(a) Designation of certain officers authorized.--Each local
organization of The American Red Cross, The American Legion,
Veterans of World War I of the U.S.A., Inc., Veterans of Foreign
Wars of the United States, Disabled American Veterans, United
Spanish War Veterans, Regular Veterans Association, Director of
Veterans Affairs, Jewish War Veterans of the United States, the
Military Order of the Purple Heart, the Italian American War
Veterans of the United States, Incorporated, and such other
similar organizations now or hereafter accredited or recognized
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