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GENERAL ACTS ENACTED FOR 2006 |
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ACT |
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DATE |
BILL |
SUBJECT |
EFFECTIVE
DATE |
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Jan. 6 |
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Amends the Liquor Code further defining "eligible
entity"; providing for extension of existing license to cover additional
area; and further providing for breweries, for surrender of certain licenses
for benefit of licensee, for unlawful acts relative to malt or brewed
beverages and licensees, for hours of operation relative to manufacturers,
importing distributors and distributors and for unlawful acts relative to
liquor, malt and brewed beverages and licensees. "Eligible entity"
is further defined to include fraternal benefit societies that are licensed
to do business in any borough; a nonprofit organization whose purpose is to
raise funds for the research and treatment of cystic fibrosis; a nonprofit
economic development agency in a second class city (Pittsburgh) with the
primary function to serve as an economic generator for the greater
southwestern PA region by attracting and supporting film, television and
related media industry projects and coordinating government and business
offices in support of a production; or a junior league in a third class
county that is a nonprofit organization that is comprised of women whose
purpose is exclusively educational and charitable in promoting the
volunteerism of women and developing and participating in community projects
and that has been in existence for over seventy years. The legislation
provides for the application for an extension or transfer of an existing license
and states the board would have discretion to refuse the application. The
bill also states no license may be revoked under the provisions of the
section regarding surrender of restaurant, eating place retail dispenser,
hotel, importing distributor and distributor license for benefit of licensee
prior to February 7, 2007. Additionally, the bill states importing
distributors and distributors may sell malt or brewed beverages between 8:00
a.m. (current law is 2:00 a.m.) of any Monday and 11:00 p.m. (current law is
12:00 a.m.) of the following Saturday to holders of a liquor or malt and
brewed beverage license or permit issued by the board. In relation to the
employment of minors, a hotel, restaurant or club liquor licensee or any
retail dispenser may allow students receiving instruction in a performing art
to perform an exhibition in observance of ethnic heritage if the students are
not compensated and are under proper supervision. Also provides that it is
unlawful for any licensee or agents of the licensee to possess, furnish,
sell, offer to sell, or purchase or receive, or aid and abet in the sale or
purchase of any controlled substance or drug paraphernalia as defined in The
Controlled Substance, Drug, Device and Cosmetic Act on the premises unless the
actions of the licensee are authorized by law. In a case involving the agent,
the licensee would only be cited for a violation if the licensee knew or
should have known of the activity and failed to take substantial affirmative
steps to prevent the activity on its premises. |
Effective
Immediately |
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Jan. 6 |
Amends Title 42 (Judiciary) establishing a civil action to
recover damages caused by terrorism for an injury to an individual or damage
to or loss of property caused by an act of terrorism with certain exceptions.
The bill defines relevant words and phrases. |
Effective
Immediately |
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Jan. 6 |
Amends Title 68 (Real and Personal Property) by adding
that an individual, in lieu of escrowing deposits, may obtain and maintain a
corporate surety bond or obtain and maintain an irrevocable letter of credit
issued by a financial institution. These would be maintained until all
deposits received by the declarant have been
deposited in escrow or properly credited or refunded to a purchaser. The bill
also further provides for the form and amount of bond or letter of credit and
allows the Attorney General to annually adjust the amount of the required
bond. |
Effective
in 60 days |
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Feb. 2 |
Amends Act entitled "An Act authorizing PA and local
government units to preserve, acquire or hold land for open space uses,"
by adding to the list of properties that are exempted from millage the following types of property: property in
which the open space property interests have been acquired by a local
government unit; property that is subject to an easement; and property from
which transferable development rights have been transferred and retired by a
local government unit. These exemptions become authorized when the governing
body of each taxing district approves the exemption either by ordinance in
the case of a county or municipal corporation, or by resolution in the case
of a school district. |
Effective
in 60 days |
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Feb. 2 |
Amends the Public School Code by adding that the
Department must annually provide a minimum of 40 hours of continuing
professional education courses, programs, activities or learning experiences
at no charge to all professional educators (current law applies only to
professional educators employed by a school entity). Additionally, the
legislation states the certificate of a professional educator who is an
annuitant would be considered active for so long as the professional educator
is an annuitant. For a professional educator annuitant who terminates the
annuity or returns to school service the requirements of subsection (a) would
not apply for the first 180 days for which the professional educator
annuitant returns to school service. |
Effective in 60 days |
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Feb. 10 |
Amends Title 15 (Corporations and Unincorporated
Associations) further providing for removal of directors, for control persons
and for qualifications of directors. The legislation adds that the entire
board of directors, or any class of the board, or any individual director of
a corporation having a board classified as permitted by section 1724(b)
(relating to classified board of directors) may not be removed without cause
unless otherwise provided in the articles by a specific and unambiguous
statement that directors may be removed from office without assigning any
cause. Additionally, no person or group would be deemed to be a controlling
person or group at any particular time if voting power over shares acquired
directly from the corporation in a transaction exempt from the registration
requirements of the Securities Act of 1933 is required to be counted at such
time in order to meet the 20% minimum. Lastly, the legislation adds that a
nonprofit corporation organized primarily for recreational or youth development
and delinquency prevention purposes for the benefit of individuals 18 years
of age or younger may amend its articles of incorporation to establish an
advisory committee to its board, composed of members who may include
individuals who are 16 or 17 years of age. If such an advisory committee is
established, the total number of advisory committee members may not exceed
the total number of directors required for a quorum for the transaction of
business. |
Effective in 60 days With
exceptions |
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Feb. 14 |
Amends the act entitled "An act relating to the
recycling and reuse of waste tires; providing for the proper disposal of
waste tires and the cleanup of stockpiled tires; authorizing investment tax
credits for utilizing waste tires; providing remediation grants for the
cleanup of tire piles and for pollution prevention programs for small
business and households; establishing the Small Business and Household
Pollution Prevention Program and management standards for small business
hazardous waste; providing for a household hazardous waste program and for
grant programs; making appropriations; and making repeals," further
providing for the definition of "waste tire;" defining
"recycled tire product" and "waste tire recycling
facility;" and further providing for the disposal of whole waste tires,
for Environmental Quality Board regulations, for waste tire registry and for
remediation liens. The legislation requires an individual to obtain a
processing permit from the Department of Environmental Protection before
constructing, altering, operating or utilizing a waste tire recycling
facility. Additionally, the Environmental Quality Board would have the power
and duty to adopt regulations, including regulations that: (1) encourage the
processing of waste tires and beneficial use of waste tires and recycled tire
products when the Department determines that the processing and use does not
harm or present a threat of harm to the health, safety or welfare of the
people or environment of this Commonwealth, (2) allow the Department to
determine that waste tires, after processing or when beneficially used, no
longer constitute a waste and (3) encourage the beneficial use of recycled
tire products. Waste tire haulers would be required to hold valid
authorization. The legislation also extensively provides for remediation
liens. |
Effective in 60 days |
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Feb. 14 |
Act redesignating a bridge on
that portion of SR (truck route) 271 over the Conemaugh
River and the Northfolk Southern mainline, |
Effective
Immediately |
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Feb. 14 |
Act designating State Route 104 as the |
Effective
in 60 days |
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Feb. 14 |
Act designating the intersection of State Route 18 and
State Route 58 in |
Effective
in 60 days |
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Feb. 14 |
Amends Title 30 (Fish) providing for reduced licenses for
former prisoners of war by adding that former prisoners of war would be
issued resident and lifetime fishing licenses for $1 upon request. In home
rule counties, reduced fee resident fishing licenses would be issued to
former prisoners of war. |
Effective in 30 days |
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Feb. 21 |
Amends the Real Estate Tax Sale Law further providing that
all property would be subject to claims for taxes, except such property which
is exempt by law from taxation or which is not made subject to taxation by
law. The bill also provides that a local taxing authority or a school
district may accept the donation of a property that is subject to a claim for
taxes. A local taxing district would provide all other local taxing districts
or their designees of a donation proposed by the owner of the property. A
donation would not be accepted less than 30 days after notice to all other
local taxing districts which have a claim for taxes on the subject taxes. A donation
would divest all liens against the property possessed by the local taxing
district accepting the donation, and all other local tax liens recorded prior
to the date of donation. The legislation further provides that a local taxing
district which receives a notice of proposed donation may request to
participate in negotiations with regard to the donation and extinguishment of
all or part of its liens and with regard to proposals to return the property
to the tax rolls or to productive public use. A local taxing district which
does not respond in writing within 30 days of receipt of notice would waive
its right to participate in the negotiations and its lien would be
extinguished. A donation would be deed recorded, and registered where
required, with the county recorder of deeds. The deed would be accompanied by
recorded satisfactions of any and all claims for taxes which are extinguished
by virtue of the donation, in all instances, the satisfaction from the local
taxing district which is accepting ownership of the property pursuant to the
donation would provide for full extinguishment of all claims possessed by it.
Satisfaction of liens would provide that all claims of all local taxing
districts in which the property is located are discharged and extinguished
unless terms are otherwise agreed upon between the owner and the local taxing
districts participating in the donation negotiations. Also property that has
been donated would be exempt from claims for taxes from any local taxing
district in which it is located during the time that it remains in the
ownership of the county, city, borough, incorporated town, school district,
township, home rule municipality, optional plan municipality, redevelopment
authority or optional charter municipality to which it was donated and an
owner who donated the property would not be personally liable for the amount
of claims for taxes exempted or extinguished as a result of the donation. The
bill further provides that a local taxing district possessing a claim under
this act may designate another taxing district, or the redevelopment
authority in the county in which the property is locate, to act as its agent
with regard to a donation and also provides a single local taxing district or
the redevelopment authority may be selected as the agent for all local taxing
districts holding a tax claim or lien against the property under this act. In
addition, the Tax Claim Bureau would maintain as a public record a list of
all properties against which taxes were levied, the whole or any part of
which were due and payable in a prior year and which remain unpaid. The
legislation outlines which information would be included in such a list and
allows the Bureau to report any nonpayment of taxes, including liens, to one
or more consumer reporting agencies as defined by the federal Fair Credit
Reporting Act. |
Effective in 60 days |
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Feb. 21 |
Amends the Volunteer Fire Company and Volunteer Ambulance
Service Grant Act to extend the provisions of the act to June 30, 2007 and
appropriates $25 million from the General Fund to the Pennsylvania Emergency
Management Agency for the award of grants. The legislation provides grants to
eligible fire companies. |
Effective
Immediately |
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Feb. 21 |
Act designating a bridge on State Route 150 crossing the Beech
Creek in |
Effective
in 60 days |
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Feb. 21 |
Amends the Liquor Code further providing that hotels
licensed prior to 1949 would no longer be required to have bedrooms for
public accommodation. The bill states that rooms used for bedrooms prior to
this bill may not be used for licensed public serving areas but could be used
for licensed storage areas. |
Effective
in 60 days |
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Feb. 21 |
Act designating the bridge carrying State Route 66 over
Garrett's Run and the J. |
Effective
in 60 days |
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Feb. 21 |
Amends Title 20 (Decedents, Estates and Fiduciaries)
further providing for classification and order of payment of claims against
the estate of a decedent by adding to the third priority the costs of
services provided under the medical assistance program furnished with in six
months of his/her death, and placing as sixth priority claims by the
Commonwealth and the political subdivisions of the Commonwealth. |
Effective
Immediately |
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Feb. 21 |
Amends the Municipal Claim and Tax Lien Law providing for
donation of property in lieu of taxes by adding that a county, city, borough,
incorporated town, township, home rule municipality, optional plan
municipality, optional charter municipality school district or redevelopment
authority may accept the donation of a property that is subject to a claim
for taxes. The municipality would be required to notify other local
municipalities of a donation proposed by the owner of the property. A
donation would operate to divest all liens against the property possessed by
the municipality accepting the donation, as negotiated by the municipality,
and all other tax liens recorded prior to the date of donation, except as
otherwise provided and except mortgages recorded prior to the tax liens. The
bill adds that every negotiation would consider the structure and condition
of the property, the market value of the property in its current condition,
the best use of the property given the neighborhood and local ordinances and
the costs to cure any defects, including defects in title. The bill also
provides that nothing would prevent a school district or municipal authority
from taking title to a donated property if it is determined that the best
manner to return the property to productive use is to allow a school district
or municipal authority to use the property for purposes directly related to
the mission of the district or authority. Additionally, prothonotaries,
or the equivalent thereof, would be required to maintain as a public record a
list of all properties against which taxes were levied, the whole or any part
of which were due and payable in a prior year and which remain unpaid. The
legislation also adds that claims for taxes, water rents, or rates, lighting
rates, power rates and sewer rates may be in the form of lists showing the
names of the taxables, including the name and last
known address, with its zip code, of the owner of each property against which
a claim is being filed. |
Effective
in 60 days |
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Feb. 21 |
The Truth in Music Advertising Act states it would be unlawful
for any person to advertise or conduct a live musical performance or
production in PA through the use of a false, deceptive or misleading
affiliation, connection or association between a performing group and a
recording group. The bill states whenever the Attorney General or a district
attorney has reason to believe that any person is advertising or conducting
or is about to advertise or conduct a live musical performance or production
in violation of this act, the Attorney General or district attorney may bring
an action against the person to restrain by temporary or permanent injunction
that practice. A person who violates this act is liable to the Commonwealth
for a civil penalty at least $5,000 but not more than $15,000 per violation. |
Effective
in 60 days |
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March 15 |
Amends the Enforcement Officer Disability Benefits Law
extending benefits to corrections employees rather than officers. |
Effective
in 60 days |
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March 15 |
Act authorizing and directing the Department of General
Services, with the approval of the Governor, to grant and convey to Centre
County Industrial Development Corporation, certain lands situate in |
Effective
Immediately |
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April 12 |
The Merchant Marine World War II Veterans Bonus Act
provides a $500 tax-free bonus to Pennsylvanian United States Merchant Marine
veterans who served during World War II. Those who qualify for the bonus must
submit an application to the Adjutant General before December 31, 2006. Any
party which tries to charge for assisting a veteran in filling out an
application commits a misdemeanor and is subject to a fine of up to $2,500,
imprisonment for a year, or both, for each violation. The money for these
payments would come from the United States Merchant Marine World War II
Veterans' Bonus Fund. Any moneys appropriated to the fund remaining
unexpended or unencumbered would go back to the General Fund. The bill would
expire June 30, 2007. |
Effective
Immediately |
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April 12 |
The Ounce of Prevention Program Act would establish the
Ounce of Prevention Program to provide grants to certain entities that
provide home visitation and other services to low-income, at-risk expectant
first-time mothers and their newborn children and families. The bill provides
for the provisions of home visits and the referral of families and newborn
children to health care and other service providers. The bill requires that
grants be awarded to applicants that provide matching funds in the amount of
25% of the total program cost. The grants would be awarded for a period of
two years. The legislation provides for coordination of services by stating
that in order to be eligible for a grant an applicant must integrate and
coordinate services provided with related programs and services in the
community, including programs that also provide home visitation. Lastly,
funding for the program would be limited to funds specifically appropriated
to carry out the purposes of this act. |
Effective
in 60 days |
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April 12 |
Amends Title 51 (Military Affairs) further providing for
certain duty for emergencies by adding that the Governor may place the PA
National Guard, or any part thereof, on State active duty, or, when
appropriate, federally funded duty, when the Governor of another state has
declared an emergency and has requested the assistance of the PA National
Guard under the provisions of Chapter 45 (relating to interstate compact) or
35 Pa.C.S. Ch. 76 (relating to emergency management
assistance compact). |
Effective
Immediately |
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April 12 |
Act authorizing and directing the Department of General
Services, with the approval of the Department of Military and Veterans' Affairs
and the Governor, to grant and convey, at a price determined through
competitive bidding, certain lands situated in Columbia Borough, |
Effective
Immediately |
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April 13 |
Amends the Liquor Code by adding that if a licensee has been
cited and found to have violated section 493(1) as it relates to sales to
minors or sales to a visibly intoxicated person, the administrative law judge
must (changed from may) require the licensee to comply with the requirements
set forth in section 471.1 pertaining to responsible alcohol management. For
a second or subsequent offense, the administrative law judge may require the
licensee to comply with the requirements set forth in section 471.1
pertaining to responsible alcohol management for up to one year. The bill
adds that a restaurant liquor license located on premises owned by a city of
the first class (Philadelphia), listed on the National Register of Historic
Places and which contains a structure that is at least 100 years old would
not be subject to the board's regulations regarding amplified music. Lastly,
"eligible entity" is redefined to include a nonprofit organization
who purpose is to provide equine assisted activities for children and adults
with special needs, a county tourist promotion agency located in a city of
the third class in a county of the fourth class, and a nonprofit organization
located in a city of the third class in a county of the third class and whose
purpose is to support business and industry. |
Effective
in 60 days |
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April 14 |
Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary)
adding the offense of eco-terrorism and agricultural crop destruction. A
person commits the offense of eco-terrorism if he/she commits a specified
offense against property with the intent to intimidate or prevent an
individual from lawfully participating in an activity involving animals or
natural resources, or using an animal or natural resource facility. Any
person convicted of eco-terrorism would be sentenced to pay the owner of any
damaged property restitution, attorney fees and court costs in addition to
any other penalty imposed. An individual aggrieved by the offense of eco-
terrorism may obtain relief in civil action. The bill states that a person
commits a felony of the second degree if he intentionally and knowingly
damages any field crop, vegetable or fruit plant or tree that is grown,
stored or raised for scientific or commercial purposes or for any testing or
research purpose in conjunction with a public or private research facility or
a university or any federal, state or local government agency. It also
provides for restitution. |
Effective
in 60 days |
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April 14 |
The Water Services Act requires State and local approval
for terminations or transfers by municipal authorities; authorizes and
requires cities, boroughs, townships, municipal authorities and public
utility companies engaged in the supplying of water, to shut off the supply
of water for nonpayment of sewer, sewerage, or sewage treatment rentals,
rates, or charges imposed by municipal authorities organized by counties of
the second class, by cities of the second class, by cities of the second class
A, by cities of the third class, by boroughs or by townships of the first or
second class; authorizes and requires them to supply to such authorities
lists of metered water readings and flat-rate water bills and other data;
authorizes them to act as billing and collecting agents for such authorities;
confers certain powers upon the Pennsylvania Public Utility Commission in
connection therewith; requires certain procedures to be followed in
residential buildings; and makes a related repeal. |
Effective
Immediately |
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April 24 |
The Persian Gulf Conflict Veterans' Benefit Act would
provide compensation to persons in active service in connection with Persian
Gulf Conflict or their beneficiaries in the following manner: (1)
compensation for service in the Persian Gulf would be payable on the basis of
$75 for the first month of eligibility with a minimum of one day of active
service; thereafter, it would be computed on the basis of $75 for each month,
(2) compensation on behalf of a veteran who died in active service or as a
result of service-connected wounds, diseases or injuries sustained during
active service would be $5,000, (3) compensation of a veteran who was
declared a prisoner of war, would receive $5,000 upon return, and (4) the
total amount of compensation for active service would not be less than $75
and not more than $525. The bill creates the Persian Gulf Conflict Veterans'
Compensation Bond Fund as the source for all payments to veterans. The bill
provides for a referendum question about incurring of indebtedness up to $20,000,000
as necessary to carry out the purposes of this act. This act would expire ten
years from the effective date. The bill also repeals the Persian Gulf
Conflict Veterans' Compensation and Bond Act. |
Effective
Immediately |
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May 1 |
Amends the Medical Care Availability and Reduction of
Error (Mcare) Act extending patient safety
standards to certain abortion facilities. The definition of "medical
facility" is amended to include abortion facilities. Additionally, the
legislation requires abortion facilities to submit patient safety plans within
60 days following the application of the legislation if the facility performs
more than 100 abortions in a calendar year. The bill also states that
beginning July 1, 2002, each licensed medical facility would pay the
department a surcharge on its licensing fee and each abortion facility not
subject to state licensure would pay an assessment as necessary to provide
sufficient revenues to operate the Patient Safety Authority. When determining
the assessment for an abortion facility, the department would apply the same
methodology utilized for an ambulatory surgical facility. |
Effective
in 60 days |
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May 1 |
Amends the Public School Code providing for participation
by students with disabilities in high school graduation ceremonies by stating
that a board of school directors of a school district, an area
vocational-technical school or a charter school must allow a student with a
disability, whose individualized education program prescribes continued
special education programs beyond the fourth year of high school, to
participate in commencement ceremonies with the student's graduating class
and receive a certificate of attendance, provided that the student has
attended four years of high school regardless of whether the student has
completed the individualized education program. Nothing in this section would
be construed to preclude a student with a disability from receiving a high
school diploma when the student satisfactorily completes an individualized
education program. |
Effective
Immediately |
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May 1 |
The Telephone Subscriber Directory Express Consent Act
states that a commercial mobile service provider or any direct or indirect
affiliate or agent of a provider or any other person doing business in PA may
not publish in a directory or provide for publication in a directory the name
and telephone number of a mobile service customer in PA without the express
consent of the customer. A subscriber who provides express prior consent may
revoke that consent at any time. A commercial mobile service provider would
comply with the subscriber's request to opt out within a reasonable period of
time, not to exceed 60 days. Also, a violation of this act would be deemed to
be in violation of the Unfair Trade Practices and Consumer Protection Law,
and the Office of Attorney General may bring a civil action against an
entity. Lastly, no telephone corporation would be subject to criminal or
civil liability for the release of customer information as authorized. |
Effective in 60 days |
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May 1 |
Amends the PA Cancer Control, Prevention and
Research Act extending the sunset date of the act from June 30, 2006 to June
30, 2016. |
Effective in 60 days |
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May 5 |
Amends Titles 26 (Eminent Domain), 42 (Judiciary and
Judicial Procedure) and 51 (Military Affairs) creating the Eminent Domain
Code and adding provisions relating to eminent domain. The bill creates the
Eminent Domain Code, which provides a complete and exclusive procedure and
law to govern all condemnations of property for public purposes and the
assessment of damages. The bill includes limitations on the use of eminent
domain including prohibiting the use of eminent domain for private business.
The bill also provides for blight, extraterritorial takings, eminent domain
of agricultural property, procedure to condemn, procedure for determining
damages, just compensation and measure of damages, and special damages for
displacement. |
Effective
in 120 days |
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May 5 |
Amends Title 26 (Eminent Domain)
adding a chapter entitled the Property Rights Protection Act. The legislation
prohibits the exercise by any condemnor of the
power of eminent domain to take private property in order to use it for
private enterprise. The prohibition would not apply if: (1) the condemnee consents to the use of the property for private
commercial enterprise or the condemnee does not
file or does not prevail on preliminary objection filed to a declaration of
taking for the acquisition of condemnee's property;
(2) the property taken is transferred or leased to a common carrier or a
private entity that occupies an incidental area within a public project; (3)
there is, on or associated with the property taken, a threat to public health
or safety; (4) the property taken is abandoned; or (5) the property taken meets
the requirements of section 205 (relating to eminent domain in redevelopment
areas). For purposes of acquiring a single unit of property by eminent
domain, a condemnor may declare an area, either
within or outside of a redevelopment area, to be blighted only if the
property is any of the following: (1) a premises which is regarded as a
public nuisance at common law or has been declared a public nuisance; (2) a
premises which is considered an attractive nuisance to children; (3) a
dwelling which is unfit for human habitation; (4) a structure which is a fire
hazard or is otherwise dangerous to the safety of persons or property; (5) a
structure from which the utilities, plumbing, heating, sewerage or other
facilities have been disconnected, destroyed, removed or rendered ineffective
so that the property is unfit for its intended use; (6) any vacant or
unimproved lot or parcel of ground in a predominantly built-up neighborhood
which, by reason of neglect or lack of maintenance, has become a place for
accumulation of trash and debris or a haven for vermin; (7) an unoccupied
property which has been tax delinquent for a period of two years; (8) a
property which is vacant but not tax delinquent and which has not been
rehabilitated within one year of the receipt of notice to rehabilitate from
the appropriate enforcement agency; (9) an abandoned property; (10) defective
or unusual conditions of title or no known owners rendering title
unmarketable; or (11) environmentally hazardous conditions, solid waste
pollution or contamination in a building or on the land which poses a direct
and immediate threat to the health, safety and welfare of the community. For
purposes of acquiring multiple units of property by eminent domain, a condemnor is authorized or permitted to declare an area,
either within or outside of a redevelopment area, to be blighted only if a
majority of the units of property meet certain requirements and represent a
majority of the geographical area or if properties representing a majority of
the geographical area meet certain conditions. A condemnor
may use eminent domain to acquire any unit of property within a blighted area
so declared pursuant to this section. Lastly, the bill provides that no
political subdivision would exercise eminent domain authority against land
that is situated in another political subdivision without the approval by
resolution of the governing body of the political subdivision in which the
land is situated, with exceptions. |
Effective in 120 days |
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May 11 |
Amends Titles 18 (Crimes and
Offenses) and 75 (Vehicles) providing for the Substance Abuse Education and
Demand Reduction Fund. The bill states that 45% of grant money deposited into
the Substance Abuse Education and Demand Reduction Fund each fiscal year
would be made available to nonprofit organizations to provide research-based
approaches to prevention, intervention, training, treatment, and education
services to reduce substance abuse or to provide resources to assist families
in assessing the services. Also, up to 20% of grant money may be used to: (1)
assist in the start-up of victim impact panel programs, (2) study the impact
outcome and benefits of victim impact panels, and (3) provide assistance for
the ongoing operation of victim impact panels. The commission would develop
guidelines and procedures necessary to implement the grant program. The
legislation makes a technical change to Section 3802 (g)(1) pertaining to
exception to two-hour rule providing where the Commonwealth shows good cause
explaining why the chemical test sample could not be obtained within two
hours. The bill also states that courts can order a person who violates
section 3802 to attend a victim impact panel program. Lastly, the bill
further provides for the standards and operation of victim impact panels. |
Effective Immediately |
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May 11 |
Amends Title 75 (Vehicles) by
adding that a driver of a vehicle may not overtake and pass to the left of a
streetcar proceeding in the same direction if passing requires driving in a
lane normally used by traffic moving in the opposite direction, whether the
streetcar is actually in motion or temporarily halted to receive or discharge
passengers. Also, the driver of a vehicle may not overtake and pass a
streetcar which has stopped to receive or discharge passengers on the side on
which passengers board until the doors of the streetcar are closed and
passengers who are discharged have reached the side of the highway. The bill
also states that for the purposes of restoring a suspended license, being
current on a payment plan of all court-imposed fines and costs would be
considered as a part of a successfully completed program. The bill also adds
that when snow or ice is dislodged or falls from a moving vehicle and strikes
another vehicle or pedestrian causing death or serious bodily injury as
defined in Section 3742 (relating to accidents involving death or personal
injury), the operator of the vehicle from which the snow or ice is dislodged
or falls would be subject to a fine of between $200 and $1,000. Lastly, the
bill states that approved service providers of department-certified
manufacturers of ignition interlock systems would be able to provide mobile
installation of ignition interlock systems within PA. Regular maintenance of
ignition interlocks after mobile installation would be performed according to
the specifications established by the department. |
Effective in 60 days |
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May 11 |
Amends Title 75 (Vehicles) by
adding that the operator of a motorcycle manufactured during or after 1986
(current law is 1973) must display the lighted head lamps and other lamps and
illuminating devices required under Chapter 43 (relating to lighting equipment)
at all times when operating on a highway. The bill adds penalties for
violations. |
Effective immediately, with exceptions |
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May 11 |
Amends the Downtown Location Law
by redefining "downtown area" as a geographically identifiable and
contiguous business district within a town, city, village within a township, home
rule municipality or borough, with a recognized sense of place and a distinct
and identifiable pedestrian orientation based upon a rectilinear street grid
pattern of development, with one or more central streets and intersecting
cross streets. The business district would have historically served as the
center of economic, social and civic activity within the community since at
least 1939, or, in the case of a municipality with multiple business
districts, each business district would have served as the center of
economic, social and civic activity within a neighborhood. The legislation
also adds definitions for "pedestrian orientation,"
"rectilinear street grid pattern" and "sense of place." |
Effective in 60 days |
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May 11 |
Amends Title 75 (Vehicles) further
providing for costs of chemical testing to determine amount of alcohol or
controlled substance by adding that the cost of chemical testing, including
the drawing of blood and urine, would be paid as follows: (1) by the
individual tested, if the individual was convicted of or placed into any preadjudication program or adjudicated delinquent for a
violation of section 3802 or (2) by the requesting authority, if the
individual was found not guilty under section 3802 or had the charges
dismissed or withdrawn. Additionally, the bill adds that credit toward
serving the period of suspension or revocation imposed for sections 3742
(relating to accidents involving death or personal injury) would not commence
until the date of the person's release from prison. |
Effective in 60 days |
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May 11 |
Amends Title 42 (Judiciary) to raise
the dollar amount under compulsory arbitration to $50,000 from $35,000. |
Effective in 60 days |
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May 11 |
Amends Title 12 (Commerce and
Trade) further providing, in the Infrastructure and Facilities Improvement
Program, for grant approvals, by adding that that if a grant will be awarded
for more than four years, the contract would establish the procedure for the
award of the grant after year four. If the department, the Secretary of the
Budget and the Department of Revenue determine that the tax revenues during
the fifth year and each succeeding year are anticipated to be equal to or
exceed the amount of the grant awarded during the previous year, the
department would award the grant in the amount of the original grant. If it
is determined that the tax revenues during the fifth year and each year
thereafter will not equal or exceed the amount of the grant for the previous
year, the department would award a grant that is no less than the anticipated
tax revenue and no more than the amount of the original grant. Also, the bill
adds a requirement that the project user pay all taxes and fees that are then
due in a timely manner. A local government unit or an issuing authority may
enter into an agreement or adopt an ordinance or resolution to permit the
local government unit or issuing authority to pay, waive, abate, settle,
compromise or reimburse any local tax, fee or other imposition applicable to
a project user imposed by any local government unit or issuing authority. The
bill also provides for film production grants, and states that at any time
prior to 60 days after the completion of production of a film, a person may
submit an application for a film production grant to the department. The
department would review the application to determine if the applicant has met
all of the criteria. The bill states that: (1) a grant awarded to an
applicant for a film may not exceed 20% of the qualified film production
expenses incurred for the film, (2) the aggregate amount of grants awarded in
any fiscal year would not exceed $10,000,000, and (3) a grant awarded under
this chapter would in no way constitute an entitlement derived from the
Commonwealth. |
Effective immediately, with exceptions |
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May 11 |
The Prohibition of Illegal Alien
Labor on Assisted Projects Act states that no person would knowingly employ
or permit the labor services of an illegal alien on any project. A person
would be deemed to have knowingly employed or knowingly permitted the
prohibited services if he has knowledge of or reason to know that such
services have been provided on the project. The bill also provides for
reimbursement of State aid by stating that the executive agency would require
full repayment of the grant and repayment of a loan plus penalty interest if
there is a violation of this Act. The bill provides for a defense against
violations of this Act if the contractor certifies compliance with Section
274A of the Immigration Reform and Control Act with respect to the hiring,
recruiting or referral for employment of an alien in the |
Effective in 60 days |
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May 11 |
Amends Title 51 (Military Affairs)
by adding that a Pennsylvania National Guard member who is discharged for
medical disability would remain eligible to receive a public service
educational grant if the member meets all of the following eligibility
criteria: (1) the medical disability was incurred in the line of duty and was
not the result of misconduct; (2) the medical condition giving rise to the
discharge did not exist prior to the member entering service in the PA
National Guard; (3) the medical disability was incurred while performing authorized
military duty other than basic training, advanced individual training or
other equivalent initial training; (4) the former member received an
honorable discharge for medical reasons; (5) the former member had accepted
an obligation to serve in the PA National Guard for a minimum period of
service established by the Adjutant General and was qualified to have
fulfilled such service obligation but for the medical disability that
resulted in discharge; (6) the former member commences the member's full-time
or part-time course of study within two years of medical discharge and
completes the full-time or part-time course of study within six years of
medical discharge; and (7) the former member meets all eligibility criteria
specified except membership in the Pennsylvania National Guard. Additionally,
the legislation states for members discharged because of a disability
incurred in the line of duty who are eligible under section 3202(c) (relating
to eligibility), the deadline for making grant payments would be six years
after the member's medical discharge unless extended under section
3202(c)(6). |
Effective immediately |
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May 11 |
Amends the Pennsylvania Election
Code making numerous changes. The bill states that the standards adopted by
the Voting Standards Development Board would, for the general election in
2004 and any primary, municipal, special and general election in 2006 and
2007, have the force and effect of law. The bill also increases the minimum
compensation of judges of election, inspectors of election and clerks and machine
operators. The bill lists buildings that may not be used as polling places.
The bill requires counties to post cards of instruction and notices of
penalties and voters' rights. The bill provides for the canvassing of
official absentee ballots. Lastly, an elector would have the right to cast
his or her vote: (1) without the use or threat of force, violence or
restraint; (2) without the infliction or threat of infliction of injury; (3)
without any intimidation or coercion upon or against his or her person; or
(4) without any other action intended to deny any individual's right to vote. |
Effective immediately, with exceptions |
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May 15 |
Amends the Agricultural Area
Security Law further providing for statement of legislative findings, for
definitions, for purchase of agricultural conservation easements and for
legislative report. The State Agricultural Land Preservation Board is given
the authority to jointly purchase agricultural conservation easements with a
county and a local government unit, or jointly with a county and an eligible
nonprofit entity, or jointly with a county, a local government unit and an
eligible nonprofit entity. Eligible entities are also authorized to
participate with an eligible county, the Commonwealth and a local government
unit eligible to participate in the preservation of farmland through the
purchase of agricultural conservation easements. "Eligible nonprofit
entity" is defined as an entity (1) that is tax exempt under section
501(c)(3) of the |
Effective immediately |
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June 15 |
Act
designating the bridge carrying |
Effective in 60 days |
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June 23 |
Amends Title 20 (Decedents,
Estates and Fiduciaries) further providing for electronic access to driver
records to confirm organ donor status by adding that the organ procurement
organizations designated as part of the nationwide organ procurement network
may be given 24-hour-a-day electronic access to information necessary to
confirm an individual's organ donor status through the Department of
Transportation's driver licensing database. The bill states that the organ
procurement organization would not use such information for any purpose other
than to confirm an individual's organ donor status at or near or after an
individual's death. |
Effective Immediately |
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June 23 |
Amends the Second Class Township Code
further providing for personal property by stating that an advertisement for
electronic auction sales would include the |
Effective in 60 days |
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June 29 |
Amends Title 75 (Vehicles) by
adding that auxiliary lighting may be added to a motorcycle to protect the
driver, including blue dot illumination, standard bulb running lights and
light-emitting diode (LED) pods and strips. |
Effective in 60 days |
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June 29 |
Amends Title 3 (Agriculture)
further providing for the regulation of Cervidae
livestock operations. "Cervidae livestock
operation" is redefined as a normal agricultural operation which
contains behind fences privately owned members of the Cervidae
livestock family involved in the production, growing, breeding, using,
harvesting, transporting, exporting, importing or marketing of Cervidae species or products. The term would not include
an animal slaughter facility or a menagerie. The bill states that the
department would inspect the premises of and investigate each applicant. An
inspection may be made by the department or an agent of the department,
including a licensed doctor of veterinary medicine accredited by the
department. The bill adds that a cervidae livestock
operation which is in operation on the effective date of this subsection but
which was not subject to licensure would be granted a provisional license. A
license is valid for two years, at which time it must be renewed. The bill
provides for the keeping and handling of cervids by
stating the department will make regulations ensuring that the fenced
enclosure surrounds the outside perimeter of the operation and is designed to
protect the public and confine the privately owned cervids.
Regulations may require a fence height of not greater than ten feet. The
legislation states that live cervidae may be
brought onto the premises through interstate or intrastate commerce and may
be removed from the premises or relocated to another premises in a manner
consistent with this chapter and regulations promulgated by the department.
Lastly, dead cervids and cervid
products may be removed from the premises or relocated to another premises in
a manner consistent with this chapter and regulations promulgated by the
department. |
Effective in 60 days |
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June 29 |
Amends the Mechanics' Lien Law by
defining "residential building" as property on which there is a
residential building, or which is zoned or otherwise approved for residential
development, planned development or agricultural use, or for which a
residential subdivision plan or planned residential development plan has
received preliminary, tentative or final approval pursuant to the
Pennsylvania Municipalities Planning Code. Additionally, the bill states a
contractor or subcontractor may waive his right to file a claim against
property for the erection, construction, alteration or repair of a
residential building, in which the total contract price between the owner and
the contractor is less than $1,000,000, by a written instrument signed by
him. The bill states that no claim by a subcontractor would be valid unless,
at least 30 days before the same is filed, he would have given to the owner a
formal written notice of his intention to file a claim. Lastly, any lien
obtained under this act by a contractor or subcontractor would be subordinate
to (1) a purchase money mortgage, as defined in 42 Pa.C.S.
Sec. 8141(1) (relating to time from which liens have priority) or (2) an
open-end mortgage, as defined in 42 Pa.C.S. Sec.
8143(f) (relating to open-end mortgages), the proceeds of which are used to
pay all or part of the cost of completing erection, construction, alteration
or repair of the mortgaged premises secured by the open-end mortgage. The
bill also provides for a waiver of lien by claimant on residential buildings. |
Effective on January 1, 2007 |
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June 29 |
Act designating a bridge in Coudersport Borough, |
Effective in 60 days |
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June 29 |
Act designating a portion of State
Route 422 in |
Effective in 60 days |
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June 29 |
Amends Title 74 (Transportation)
further providing for the Aviation Advisory Committee by stating that any
member of the committee may be reappointed for an additional term or terms. The
bill removes the requirement that a member can only be reappointed for two
full successive terms. |
Effective in 60 days |
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June 29 |
Act redesignating
the bridge carrying section A80 of the East Side |
Effective in 30 days |
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June 29 |
The Highway Capital Budget Project
Itemization Act for the fiscal year 2005-2006 provides for an itemization of
public highway projects. The total authorization for the capital projects
itemized in this bill to be constructed by the Department of Transportation
and to be financed from current revenues of the Motor License Fund would be
$1,713,261,000. |
Effective Immediately |
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June 29 |
Amends the Professional Nursing
Law providing for continuing nursing education by adding that beginning with
the license period designated by regulation, licensees would be required to
attend and complete 30 hours of mandatory continuing education during each
two-year license period. The Board may waive all or a portion of the
continuing education requirement for biennial renewal for a licensee who
shows to the satisfaction of the Board that the licensee was unable to
complete the requirements due to serious illness, military service or other
demonstrated hardship. The legislation establishes application procedures for
a waiver. Lastly, the bill states school nurses who are required to obtain
continuing professional education would be permitted to submit evidence of
the completion of education courses approved for their certification by the
school district. |
Effective in 60 days |
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June 29 |
Amends Title 42 (Judiciary)
further providing for mileage reimbursement fees and other fees for
constables for both criminal and civil cases where the constable is either
transporting a defendant or serving papers or notice in a landlord-tenant matter. |
Effective in 60 days |
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June 29 |
Act relating to confidentiality of
Social Security numbers by prohibiting a person, entity, state agency, or
political subdivision from publicly posting a Social Security number,
printing the number on any cards required for individual access to products or
services, requiring an individual to transmit his or her Social Security
number over an insecure connection on the |
Effective in 180 days |
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June 29 |
Amends Title 75 (Vehicles) further
providing for commercial driver's license requirements by adding that a driver
with a Class C license operating a school bus, school vehicle or other
commercial vehicle at the direction of authorized emergency management
personnel in a time of declared Federal, State or local emergency would not
be required to obtain a commercial driver's license in order to drive that
commercial motor vehicle. The bill also states that no one under eight years
of age would operate an ATV on state-owned land and no one under ten years of
age would operate a snowmobile upon state-owned land. Lastly, no one between
the ages of 8 to 15 would operate an ATV and no one between the ages of 10 to
15 would operate a snowmobile in PA unless certain conditions are met. |
Effective Immediately |
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June 29 |
Act authorizing and directing the
Department of General Services, with the approval of the Governor, to grant and
convey to Capital Self Storage Associates, LLC, certain lands situate in the
City of |
Effective Immediately |
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June 30 |
Amends Titles 18 (Crimes and
Offenses) and 42 (Judiciary and Judicial Procedure) providing for the offense
of commemorative service demonstration activities by stating that a person
commits a misdemeanor of the third degree if the person engages in
demonstration activities within 500 feet of any cemetery, mortuary, church or
other location being utilized for the purposes of a commemorative service
within one hour prior to, during and one hour following the commemorative
service. The bill also allows an individual aggrieved by the offense to bring
a civil action in any court of competent jurisdiction to obtain appropriate
relief. |
Effective in 180 days |
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June 30 |
Amends Title 13 (Commercial Code)
further providing, in secured transactions, for effectiveness of actions
prior to amendment by adding that the following rules apply to a filed
financing statement that is effective under this subsection: (1) subsection (c)(2)
does not apply; and (2) the filing of a continuation statement with respect
to the financing statement is timely if that filing occurs before the
financing statement ceases to be effective and not before the earlier of
December 30, 2005, or six months before the effectiveness of the financing
statement would lapse. Additionally, the bill adds that the filing of an
initial financing statement in the office specified in section 9501 of
revised division 9 (relating to filing office) continues the effectiveness of
a financing statement filed before revised division 9 takes effect if the
initial financing statement is filed after December 29, 2005; and before July
1, 2006. |
Effective Immediately |
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July 2 |
The Organ and Bone Marrow Donor
Act provides for an organ and bone marrow donor tax credit for businesses
that provide paid leaves of absence to employees for organ or bone marrow
donation. The amount of credit would equal the cost of compensation paid
during the leave, the cost of temporary replacement help, any miscellaneous
expenses authorized. The credit would expire after 2010. |
Effective immediately |
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July 5 |
Amends The Fiscal Code further
providing for the Local Government Capital Project Loan Fund by stating that
the amount of a loan made to a municipality for purchasing equipment would
not exceed $50,000 (current law is $25,000) for any single piece of
equipment. The bill states that the amount of a loan to a municipality made
for purchasing, constructing, renovating or rehabilitating facilities would
not exceed $100,000 (current law is $50,000) for any single facility. The
bill also provides for budget implementation, for restrictions on
appropriations for funds and accounts and for family planning funding
limitations. |
Effective Immediately |
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July 7 |
Amends the Tax Reform Code. This
bill was the budget vehicle for agreed-to changes in the tax code, providing
for sales and use tax, for exclusions; further providing, in personal income
tax, for definitions, for classes of income, for election by small
corporation, for manner of making election, for revocation of election, for
termination by corporation ceasing to be a small corporation, for revocation
or termination year and for election after revocation or termination; further
providing, in capital stock franchise tax, for the definitions of
"average net income," "capital stock value" and
"corporation" and for imposition; further providing, in realty
transfer tax, for stamps, commissions, payments and transfers; further
providing, in inheritance tax, for valuation of certain farmland; and making
related repeals and repealing a provision relating to taxation of restricted
professional companies. |
Effective
immediately with exceptions |
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July 7 |
Amends the Workers' Compensation
Act further providing for the payment of compensation to widows, widowers and
children by specifying the amount of payment to children and/or widows under
different circumstances. |
Effective Immediately |
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July 7 |
Amends the Health Care Facilities
Act providing for the licensure of home care agencies and home care
registries, establishing certain consumer rights and protections, and
providing for inspections and plans of correction. A $100 fee would be
charged for a home care agency license application. The bill also requires
that no individual, as a result of the individual's affiliation with a home
care agency or home care registry, may assume power of attorney or
guardianship over a consumer utilizing the services of that home care agency
or home care registry. The bill further provides the Department of Health
would develop and promulgate regulations in consultation with the Department
of Public Welfare and other advisory groups that represent persons in the
home health care industry, persons with physical disabilities and the aging
community. |
Effective
immediately with exceptions |
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July 7 |
Amends Title 75 (Vehicles) by
deleting provisions providing for legislative review of State highway
transfers. The bill adds that annual maintenance payments would be at the
rate of $4,000 per mile (increased from $2,500) for each highway or portion
of highway transferred under Chapter 92, section 222 of the State Highway
Law. |
Effective
in 60 days |
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July 7 |
Amends Titles 18 (Crime) and 42
(Judiciary) providing for the offense of terrorism, which occurs if a person
commits an offense with the intent to: (1) intimidate or coerce a civilian
population, (2) influence the policy of a unit of government by intimidation
or coercion or (3) affect the conduct of government. The bill provides that
certain property may be deemed contraband and forfeited. The district
attorney and the Attorney General may utilize forfeited property or proceeds
thereof for the purpose of enforcing the provisions of this act. It would be
the responsibility of every county in PA to provide, through the controller,
board of auditors or other appropriate auditor and the district attorney, an
annual audit of all forfeited property and proceeds obtained. The audit would
not be made public but would be submitted to the Office of Attorney General.
The Attorney General would annually submit a report to the Appropriations
Committee and Judiciary Committee of the Senate and the House of Representatives
specifying the forfeited property or proceeds obtained. |
Effective
in 60 days |
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July 7 |
Amends Title 18 (Crimes and
Offenses) making it a summary offense to intentionally cut, injure, damage,
destroy, deface or remove any survey monument or marker other than a natural
marker and a misdemeanor of the second degree to willfully or maliciously
cut, injure, etc. a survey monument or marker in order to call into question
a boundary line. Violators would be liable for the cost of the reestablishment
of permanent survey monuments or markers by a professional land surveyor and
all reasonable attorney fees. The bill states it is an affirmative defense to
any prosecution for an offense under this section that the survey monument or
marker was improperly placed by a professional land surveyor. |
Effective
in 60 days |
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July 7 |
Amends the Public School Code by
stating that the board of trustees at each institution would have the power
and duty to authorize campus police who have completed firearms training to
carry firearms in the course of duty if the campus police are authorized to
carry firearms. The authority to carry firearms would remain in effect unless
the council by resolution dissolves that authority. |
Effective
in 60 days |
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July 7 |
Amends the Administrative Code by
creating the Cervical Cancer Education and Prevention Act, which provides for
education and prevention of cervical cancer through the establishment of the
Cervical Cancer Task Force in the Department of Health, which would develop a
plan to raise public awareness and educate women on prevention, identify new
technologies, and make recommendations, among other duties. The task force
would issue a report to the General Assembly. The bill also changes the
amount of the fees the Insurance Department would charge insurance companies,
associations or exchanges for the valuation of life insurance policies based
on a per thousand dollar value of the insurance from $0.015 to $0.01. |
Effective
immediately with exceptions |
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July 7 |
Amends Title 30 (Fish) by
establishing an offense of a third degree misdemeanor for anyone who
transports, possesses, sells, offers for sale, or releases non-native
injurious fish in PA. The commission would promulgate regulations pertaining
to non-native injurious fish. |
Effective
in 60 days |
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July 7 |
The At-Risk Elderly Wireless
Emergency Telephone Program would authorize the Department of Aging to
administer the program and develop a request for proposal (RFP) to provide
each Area Agency on Aging the opportunity to enter into a public-private
partnership with wireless telecommunications carriers to provide at-risk
elderly persons with immediate access to 911 emergency services, as well as
the appropriate protective services unit. The bill states that each AAA that
participates in the program would establish specific guidelines regarding the
administrative and operating procedures of the program, including the
acceptance of eligible participants and carrying out the RFP process. Also,
participation by an AAA in the program would be at the option of the AAA. |
Effective immediately |
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July 7 |
Amends Title 34 (Game) by
requiring taxidermists to register with the department on a form prescribed
by the department. The bill provides for unlawful acts and duties of the
department. The bill also requires that a person registered under this
chapter would report an unmarked convention on international trade in
endangered species or threatened or endangered special specimen to the proper
authority within 72 hours of receiving notice of the specimen. |
Effective
in 90 days |
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July 7 |
Amends the Unfair Insurance
Practices Act by adding that "abuse" also means attempting to cause
or intentionally, knowingly or recklessly causing damage to property so as to
intimidate or attempt to control the behavior of another person.
Additionally, "unfair methods of competition" and "unfair or
deceptive acts or practices" in the business of insurance is amended to
include refusing to pay an insured for losses arising out of abuse to that
insured under a property and casualty insurance policy or contract to the
extent of the insured's legal interest in the covered property if the loss is
caused by the intentional act of another insured, or using other exclusions
or limitations which the commissioner has determined unreasonably restrict
the ability of victims of abuse to be indemnified for such losses. When an
insured submits a claim for such losses, the insurer would provide to the
insured a notice stating: (1) that the insurer cannot refuse to pay a claim
without conducting a reasonable investigation; (2) that such investigation
may include or result in contact with other insureds;
(3) that at the request of the insured, the insurer will not disclose the
location of the insured to the other insureds or
third parties as part of the investigation; (4) that the insurer will notify
the insured at least 14 days prior to instituting any legal action against
the insured alleged to have caused the loss; (5) that, after an insurer has
paid a loss as a result of the claim, the insurer may nonrenew
coverage or impose a surcharge as to the insured alleged to have caused the
loss as long as the nonrenewal or surcharge
imposition is not doe prior to the late of six months following payment of
the claim or the policy's renewal date; and (6) the national domestic
violence hotline number. |
Effective
in 60 days |
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July 7 |
Amends Titles 30 (Fish) and 75
(Vehicles) providing for boat and marine forfeiture; for the powers and duties
of the Pennsylvania Fish and Boat Commission with regard to boat sale; for
boat, marine equipment and watercraft trailer forfeiture; and for the powers
and duties of the Department of Transportation with regard to watercraft
trailers. |
Effective
in 120 days |
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July 7 |
Amends the Local Tax Collection Law,
further providing for basic and continuing education programs for tax
collectors; providing for records in possession of tax collector; further
providing for expenses paid by taxing districts and for discounts, penalties
and notice; providing for compensation for interim tax bills; and further
providing for penalty. Tax collectors would be required to obtain six hours
(decreased from ten) of continued education during each year of his/her term
of office. Additionally, a tax collector would maintain and have legal
custody of tax collection records that are not in the custody of a taxing
district. Any notices required by this Act would be paid by the taxing
district. The legislation details the procedures for notification of
delinquent payment. Lastly, the legislation states a person who formerly held
the office of tax collector who unlawfully and intentionally impairs the
availability of tax collection records commits a misdemeanor of the second
degree. |
Effective
in 60 days |
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July 7 |
Amends Title 42 (Judiciary) increasing
existing fees and charges and adding new ones for court services in counties
of the first class ( |
Effective in 7 days |
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July 7 |
Amends Title 75 (Vehicles) creating
a special registration plate for recipients of the Korean Defense Services
Medal. |
Effective
in 60 days |
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July 7 |
The Capital Budget Project
Itemization Act of 2005-2006 provides for the capital budget for the fiscal
year 2005-2006; itemizes public improvement projects, furniture and equipment
projects, transportation assistance projects, redevelopment assistance
capital projects, flood control projects, Keystone Recreation, Park and
Conservation Fund projects, Environmental Stewardship Fund projects and Motor
License Fund projects, state forestry bridge projects , PA Fish and Boat
Commission projects, manufacturing fund projects and federally funded
projects to be constructed or acquired or assisted by the Department of
General Services, the Department of Community and Economic Development, the
Department of Conservation and Natural Resources, the Department of
Environmental Protection , PA Fish and Boat Commission, the PA Game
Commission and the Department of Transportation, together with their
estimated financial costs; authorizes the incurring of debt without the
approval of the electors for the purpose of financing the projects to be
constructed, acquired or assisted by the Department of General Services;
states the estimated useful life of the projects; provides an exemption; and
makes appropriations. Also, the bill provides for limitation on certain
capital projects and for special provisions for certain redevelopment
assistance capital projects. |
Effective
immediately |
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|
July 7 |
Amends the Liquor Code further
providing for definitions, for sale of malt or brewed beverages by liquor
licensees, for restrictions on purchases and sales of malt and brewed
beverages by retail dispensers, for permit renewals and for possession or
transportation of liquor or alcohol. The bill also states that wine may be
produced by any person without a license if the wine is not produced for sale
and total production does not exceed two hundred gallons per calendar year.
The bill makes it unlawful to sell or purchase of alcohol vaporizing devices,
and for any licensee to possess or permit an alcohol vaporizing device on the
licensed premises. Amends the Liquor Code further providing for definitions,
for sale of malt or brewed beverages by liquor licensees, for restrictions on
purchases and sales of malt and brewed beverages by retail dispensers, for
permit renewals and for possession or transportation of liquor or alcohol.
The bill also states that wine may be produced by any person without a
license if the wine is not produced for sale and total production does not exceed
two hundred gallons per calendar year. The bill makes it unlawful to sell or
purchase of alcohol vaporizing devices, and for any licensee to possess or
permit an alcohol vaporizing device on the licensed premises. |
Effective
immediately with exceptions |
|||
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|
July 7 |
Amends the Liquor Code requiring the
Bureau of Alcohol Education to prepare a report on alcohol drinking and high
risk college alcohol drinking in PA. The first report to the General Assembly
would be presented prior to February 1, 2007. The bill requires that reports
be presented every two years thereafter, and a copy of the report would be
sent to the chairmen of the Senate Law and Justice and House Liquor Control
Committees. Further provides the Liquor Control Board may issue a special
occasion permit to an eligible entity located in a dry municipality if the
board is provided with a copy of the resolution adopted by the municipality's
governing body confirming support for the issuance of the permit. This
provision would expire on January 1, 2007. Also provides failure by the
governing body of a municipality to render a decision within 45 days of the
applicant's request for approval shall be deemed an approval of the
application in terms as presented unless the governing body has notified the
applicant in writing of their election of time not to exceed 60 days. Failure
by the body to render a decision during the extension shall be deemed
approval of the application. |
Effective immediately |
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|
July 7 |
Amends the act entitled "An
act requiring the recording of certain written agreements pertaining to real
property, and prescribing the effect thereof as to subsequent purchasers,
mortgagees, and judgment creditors of the parties thereto," providing
for the requirements for valid recording of documents. The bill states that
in order for a document presented for record to the office of a recorder of deeds
of a county to be constructive notice the document would be recorded would
meet certain requirements. Nothing contained in this act would impose
liability on any recording officer or any political subdivision for any
mistake, error or inaccuracy in any index. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends Title 51 (Military Affairs)
by clarifying that part-time student assistance grants awarded to part-time
students who do not possess a baccalaureate degree, would be
determined by the agency without regard to financial need and would not
exceed for each academic year or period the lesser of: the tuition for the
part-time course of study in which the member is enrolled (increased from
one-half the tuition); or two-thirds of the tuition charged to a resident of
the Commonwealth at a member institution of the State System of Higher
Education for the same academic year (increased from one-third). The bill
adds that grants awarded to part-time students who possess a baccalaureate
degree would be determined by the agency without regard to financial need and
would not exceed for each academic year or period the lesser of one-half of
the tuition for the part-time course of study in which the member is
enrolled; or one-third of the tuition charged to a resident of this
Commonwealth at a member institution of the State System of Higher Education
for the same academic year or period. |
Effective
in 60 days |
|||
|
88 |
|
July 7 |
Amends Title 62 (Procurement) by adding
a chapter providing for electronic bidding by local government units. The
bill states that a local government unit may permit the electronic submission
of bids and may receive bids electronically if the local government unit has
the electronic capability to maintain the confidentiality of the bid until
the bid opening time. The bill defines "local government unit" as
"a county, city, borough, incorporated town, township, school district,
vocational school district, county institution district, home rule
municipality, local authority or any joint or cooperative body of local
government units or any instrumentality, authority or corporation which has
the authority to enter into contracts". |
Effective
in 60 days |
||
|
|
July 7 |
Amends the act entitled "An act
amending the act of June 24, 1976 (P.L. 424, No.101), entitled, as amended,
'An act providing for the payment of death benefits to the surviving spouse
or children or parents of firefighters, ambulance service or rescue squad
members, law enforcement officers or National Guard members killed in the
performance of their duties,' further providing for death benefit eligibility
and for definitions," by providing for retroactivity to include any
certificate of death of an eligible firefighter, ambulance service or rescue
squad member, law enforcement officer or National Guard member who died as a
result of the performance of his duties filed on or after December 15, 2003,
or where the claim for benefits as the result of a death on or after November
15, 2003, had not been finally adjudicated on December 15, 2003. |
Effective immediately |
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|
July 7 |
Act designating the bridge on |
Effective
in 60 days |
|||
|
|
July 7 |
Act designating the bridge to
carry State Route 68 over the Allegheny River from East Brady Borough, |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the Sign Language
Interpreter and Transliterator State Registration
Act by removing the Educational Interpreter Performance Assessment
Examination option from the exemption list of the Sign Language Interpreter
and Transliterator State Registration Act and
replacing it with language exempting a person from state registration
requirements for sign language interpreting or transliterating services if
the person is an individual employed in a public or private elementary or
secondary school or institution chartered by the Commonwealth so long as they
comply with regulations promulgated by the State Board of Education
establishing criteria for persons providing sign language interpreting and
transliterating services to students. |
Effective immediately |
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|
|
July 7 |
The American, Commonwealth and
Military Flag Act states that an association may not prohibit the outdoor
display of one American flag, Commonwealth flag or military flag, by a unit
owner on that unit owner's property or property within the exclusive control
of a unit owner or that portion of an exterior wall directly attached to the
unit if the American flag is displayed in a manner consistent with current
law. An association may adopt rules and regulations regarding the placement
and manner of display of the American flag, Commonwealth flag or military
flag. An association may adopt rules and regulations regarding the location,
size and use of a flagpole but cannot prohibit the use of wall brackets to
display the American flag, Commonwealth flag and military flag. The size of
the American flag, Commonwealth flag and military flag to be flown may not be
larger than five feet by three feet. In addition, any rules and regulations
adopted by the association regarding the display of a military flag must permit
the flying of such flags, in a respectful way, on President's Day, Iwo Jima
Flag Raising Day, Vietnam Veterans Day, V-E Day, Armed Forces Day, Memorial
Day, Flag Day, Independence Day, Korean War Veterans Armistice Day, V-J Day,
Patriot's Day, POW/MIA Recognition Day, Veterans Day, Pearl Harbor Day and
the birthday of each branch of the United States Armed Forces. Also provides
a cemetery entity may not prohibit the outdoor display of one American flag,
Commonwealth flag and military flag. |
Effective in 30 days |
|||
|
|
July 7 |
Amends the Public School Code further
mandating that the State Report Card - designed to inform the public of each
district's annual yearly progress (AYP) - contain the following information:
1) The number of schools and school districts that have achieved adequate
yearly progress and the number of schools and school districts that have not;
2) The number of schools and school districts that have achieved each
academic performance target and the number of schools and school districts
that have not; 3) The number of schools and school districts in which more
than five percent of the students to whom the Pennsylvania System of School
Assessment (PSSA) test was administered were enrolled in the school district
for less than two school years as of the day on which the PSSA test was
administered and the number of those schools and school districts so
identified that have achieved each academic performance target and the number
of schools and school districts that have not; 4) The number of schools and
school districts in which more than five percent of the students to whom the
PSSA test was administered were classified as limited English proficient as
of the day on which the PSSA test was administered and the number of schools
and school districts so identified that have achieved each academic performance
target and the number of schools and school districts that have not; and 5)
The number of schools and school districts in which more than sixteen percent
of the students to whom the PSSA test was administered were classified as
students with a disability as of the day on which the PSSA test was
administered and the number of those schools and school districts so
identified that have achieved each academic performance target and the number
of schools and school districts that have not. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the Enforcement Officer
Disability Benefits Law (also known as the Heart and Lung Act) extending the
payment of the salary, medical and hospital expenses to sheriffs and deputy
sheriffs under certain circumstances. |
Effective January 1, 2007 |
|||
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|
July 7 |
Amends Title 23 (Domestic
Relations) further providing for foreign decree of adoption. The bill states
that when a minor is adopted by a PA resident and a final decree of adoption
is made or entered in conformity with the laws of a foreign country, the
adopting parent would file an authenticated copy of the foreign decree of
adoption, a copy of the child's visa and either the child's birth certificate
or some form of birth identification with the clerk of the court in the
county of residence of the parent. The court would develop a foreign adoption
registration form and instructions for its use. The bill outlines the
contents of the form. At the time of filing, a copy of the foreign decree of
adoption, the child's visa and either the child's birth certificate or some
form of birth identification would be attached to the foreign registration
form and submitted to the clerk of court. In cases where the court determines
the foreign adoption was full and final, the court would direct the clerk to
enter upon the docket an entry showing the foreign court identification of the
proceedings in that court and the date of the decree. The clerk would issue
to the parent a certificate of adoption as defined in section 2907 (relating
to certificate of adoption). Lastly, the clerk would also send documentation
to the Department of Health. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends The Library Code further
providing for waiver of standards by adding that if the Commonwealth's
appropriation for libraries in FY 2005-06 is less than that provided in FY
2002-03, the state librarian may waive standards relating to hours of operation,
continuing professional development, collections expenditures and any other
standards related to library operations. Further provides in fiscal year
2007-2008 and each year thereafter, a library would comply with these
standards. Also provides for the 2006-2007 public library subsidy allocation,
minimum state-aid guarantee and for state-aid. |
Effective immediately |
|||
|
|
July 7 |
Amends Title 20 (Decedents,
Estates and Fiduciaries) by adding the Pennsylvania Uniform Trust Act, which
includes information regarding judicial proceedings; legal representation;
the creation, validity, modification and termination of trust creditor's
claims; spendthrift and discretionary trusts; revocable trusts; duties and
powers of trustees; and the rights of persons dealing with trustees. The bill
also provides for abolishing the rule against perpetuities. The bill also
includes conforming amendments. The Pooled Trust Act of 2002 would be
repealed. |
Effective immediately with exceptions |
|||
|
|
July 7 |
Amends the Cosmetology Law further
providing for definitions; for practice of cosmetology without license;
amending eligibility requirements; for limited licenses; amending the
requirements for a school of cosmetology; for practice in cosmetology shops
only; prohibiting the rental of booth space by an owner of a cosmetology
salon or the owner of a salon limited to esthetics, nail technology or
natural hair braiding; for temporary licenses; for fees; for duration and
renewal of licenses; for penalties and for regulations. Also substitutes the
term "salon" for the term "shop" throughout the act. The
legislation requires licensure to teach or practice esthetics, nail
technology or natural hair braiding and outlines the rules and procedures to
become licensed. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the Interstate Compact for
the Supervision of Adult Offenders Act by imposing an application fee and providing
for the collection and the use of the application fee. The State Council for
Interstate Adult Offender Supervision would establish the amount of the
application fee up to $150 to be assessed for each application for transfer
to another state. Any person on probation or parole who applies for a
transfer of supervision to another state through the compact would be
required to pay the application fee. Money received from the collection of
the application fee would be paid into the state treasury and would be
credited to the general government operations of the board for expenses
incurred in the administration of the compact. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the Second Class Township
Code by directing the boards of township supervisors to 1) execute
legislative, executive, and administrative powers to ensure fiscal management
and the well-being of the township's citizens; 2) maintain township-owned
equipment and facilities; 3) employ people for the conduct of the business of
the township; 4) authorize attendance at conferences, institutes, schools,
and conventions; 5) annually furnish to the board of auditors information on
the construction or maintenance of roads and other township matters; 6)
provide for the annual tax duplicate to be presented to the tax collector;
and 7) perform duties and exercise powers as may be imposed by law or
regulation. In addition, the bill provides for lost wages and or
reimbursement for supervisors whose presence is required in a court of law
concerning a township-related matter. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the Forest Reserves
Municipal Financial Relief Law increasing the amount of the annual charge to
40 cents per acre plus 80 cents per acre as a supplement for the county in
which the lands are located; 40 cents per acre plus 80 cents per acre
supplement for the benefit of the schools in respective school districts in
which such lands are located and 40 cents per acre plus 80 cents per acre
supplement to the township where such lands are located. The bill further
provides the 80 cents per acre would be paid by the State Treasurer from the
State Gaming Fund. |
Effective immediately |
|||
|
|
July 7 |
The Highway-Railroad and Highway
Bridge Capital Budget Supplemental Act for 2005-2006 itemizes additional
local and State bridge projects. The total authorization for the costs of the
projects itemized pursuant to this act and to be financed from current revenue
or by the incurring of debt would be $2,103,688,000. |
Effective immediately |
|||
|
|
July 7 |
Amends the Insurance Company Law
providing for fire insurance contracts and standard policy provisions to
exclude damage caused by terrorism. This bill states that insurers issuing or
renewing the standard fire insurance for commercial business are authorized
to include a written statement that the policy does not cover loss or damage
caused by terrorism, whether directly or indirectly resulting from an insured
peril under the policy. "Terrorism" is defined as: (1) a certified
act of terrorism as defined in the Terrorism Risk Insurance Act of 2002, (2)
a violent act or an act that is dangerous to human life, property or
infrastructure that is committed by an individual or individuals acting on
behalf of a foreign person or foreign interest and that appears to be part of
an effort to coerce a civilian population or to influence the policy or
affect the conduct of any government by coercion; or (3) terrorism as defined
in a form filed with and approved by the Insurance Commissioner. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends Title 51 (Military Affairs)
providing association group life insurance for the Pennsylvania National
Guard and for a tuition waiver for children and spouses of deceased soldiers.
The bill provides details on how the Adjutant General may approve issuance of
group life insurance to nonprofit membership associations for members of the
Pennsylvania National Guard. Also, the children or spouse of members of the
PA National Guard who were killed or die as a result of injuries received
performing duty in an official duty status authorized under federal or state
law would be entitled to a waiver of all tuition costs and fees remaining
after receipt of other scholarships and education benefits and Federal and
State grants at all PA State-owned colleges or universities, approved trade
schools, state-related institutions of higher learning or community colleges
in PA for a period not exceeding eight semesters or four years. A spouse
would be eligible for a waiver for a period not to exceed ten years from the
date the member is killed or dies as a result of injuries while in active
duty or until the spouse remarries. All involved parties must be PA
residents. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the Second Class Township Code
further providing for county associations by increasing the amount of expense
reimbursement for each supervisor, auditor, assessor, tax collector, manager,
solicitor, engineer, treasurer and secretary from $35 to $50 for attendance
at conventions. The bill also adds that the board of supervisors may make
appropriations to the county in which the township is situated for land
acquisition related to community and economic development projects located
within the township. |
Effective
in 60 days |
|||
|
|
July 7 |
Act designating a portion of State
Route 279 in |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the PA Construction Code
Act by adding that the act would not apply to the installation of aluminum or
vinyl siding on an existing residential or commercial building. The bill also
provides for the training of inspectors and states that an applicant who is a
member of a religious sect may be exempt from a lumber or wood provision, not
related to pressure treatment, of the Uniform Construction Code if that sect
has established tenets that conflict with the provisions. Lastly, the bill
states coal-fired boilers installed in residential buildings must be
designed, constructed, and tested in accordance with the requirements of
Chapter 20, Section M2001.1.1 of the |
Effective
in 60 days |
|||
|
|
July 7 |
Amends Title 23 (Domestic
Relations) providing for the collection of overdue support from monetary
awards. The bill states that overdue support would be a lien by operation of
law against the net proceeds of any monetary award, owed to an obligor, and
distribution of any such award would be stayed in an amount equal to the
child support lien provided for under this section pending payment of the
lien. The bill also provides for electronic payments from the state
disbursement unit. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the Conservation District
Law further providing for Commonwealth appropriations by creating the
Conservation District Fund, into which state funds appropriated to any agency
of the Commonwealth for assistance to local conservation districts would be
placed. Monies in the Fund would be appropriated to the State Conservation
Commission for allocation to the conservation districts for activities necessary
to meet the requirements of this act. The legislation also provides for
supplements to the fund from sources such as federal grants or contributions
and for duties of the Commission. |
Effective
in 60 days |
|||
|
|
July 7 |
Amends the State Lottery Law further
providing for definitions, for physician, certified registered nurse
practitioner and pharmacy participation, for reduced assistance, for program
generally, for restricted formulary, for reimbursement, for income
verification, for contracts and for the pharmaceutical assistance contract
for the elderly needs enhancement tier, for pharmacy best practices and cost
controls review; further providing for penalties; establishing the
coordination of Federal and State benefits; providing for continued eligibility
under certain circumstances; and making editorial changes. The Pharmaceutical
Assistance Contract for the Elderly Needs Enhancement Tier (PACENET) would be
modified by deleting provisions relating to the required deductible and
adding language stating that when a PACENET claimant does not enroll in
Medicare Part D, they have to pay a monthly premium equivalent to the
regional benchmark premium. The bill further deletes Section 520.1
"Pharmacy best practices and cost controls review" and adds a subchapter
on "Coordination of Federal and State Benefits." Under this
subchapter, benefits available to someone enrolled in the program under
Subchapter B (under Chapter 5) would be a supplement to the benefits
available under Medicare Part D. The bill also says a claimant may use any
and all pharmacy services offered by a PDP or Medicare advantage prescription
drug plan to receive drugs and would be permitted to continue to use those
services throughout the noncoverage phase, adding
that nothing in this section would require a claimant to use mail-order
services. The Department would also be required to establish standards and
minimum requirements for the coordination of benefits between state program
and Medicare Part D. Details are provided. Additionally, if the federal
government creates a pharmacy program similar to PACE or PACENET, the
Department may require individuals to utilize that program first. |
Effective immediately with exceptions |
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|
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July 9 |
Amends the Minimum Wage Act by
raising the minimum wage in PA to $6.25 per hour beginning January 1, 2007 and
to $7.15 per hour beginning July 1, 2007. The minimum wage for workers
employed by entities with 10 or less employees would be $5.65 per hour
beginning in January 1, 2007, $6.65 per hour beginning July 1, 2007, and the
full amount beginning July 1, 2008. If the minimum wage set forth in the
federal Fair Labor Standards Act is increased above the minimum wage required
in the state Act, the wage would be increased by the same amounts and
effective the same date as the increases under the federal Act. Employers are
permitted to pay workers under the age of 20 a training wage (of not less
than the federal minimum wage) for 60 days. The bill would supersede any
local ordinances. |
Effective immediately |
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|
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July 10 |
Amends Title 75 (Vehicles)
requiring the Department of Transportation to administer an electronic
titling program that permits the recording of vehicle title information for
new, transferred and corrected certificates of title through electronic media
in a cost-effective manner in the lieu of submission and maintenance of paper
documents; adding that fleeing or attempting to elude police officer is
graded as a misdemeanor of the second degree, punishable by a fine of $500 in
addition to all other fines, court expenses, jail sentences or penalties. A
driver commits a felony of the third degree if he simultaneously flees or
attempts to elude a police officer while driving under influence of alcohol
or controlled substance or if he crosses a State line. Also, the bill adds
that it is a separate offense for each child left unattended in a motor
vehicle. The bill amends the exemptions from additional requirements for
highway occupancy permits for agricultural purposes. The legislation provides
for suspension of registration upon sixth unpaid parking violation in |
Effective immediately with exceptions |
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|
|
July 11 |
Amends the Public School Code
making omnibus changes, including providing for background checks of
prospective employees; providing for competitive food or beverage contracts
and for certain budget timelines; further providing for annual budget and for
financial reports; providing for the Distinguished Educators Program; further
providing for continuing professional development, for program of continuing
professional education, for safe schools advocate, for certain health
services and for advisory health councils; providing for local wellness
policies, for an interagency coordinating council for child health and
nutrition, for duties of the Department of Education and for physical
education; providing for physiology and hygiene; further providing for the
Educational Assistance Program, for definitions, for responsibilities of
Department of Education, for responsibilities of school entities, for
transportation, for definitions, for education empowerment list, for board of
school directors, for education empowerment districts, for school improvement
grants, for limitation and for alternative education grants; providing for
alternative education demonstration grants; further providing for State
funding; providing for articulation agreements; further providing for
definitions and for limitations; providing for transfer of credits between
institutions of higher education and for transportation of certain students;
further providing for definitions and for small district assistance;
providing for basic education funding for 2005-2006 school year and for
funding for partnership schools; further providing for payments on account of
limited English proficiency programs, for payments to intermediate units and
for special education payments to school districts; providing for special
education community support services; further providing for payments, for
approved reimbursable rental for leases and for Pennsylvania Accountability
Grants; and providing for Statewide costing-out study. |
Effective immediately |
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|
|
July 11 |
The Dormant Oil and Gas Act states
that any person who owns an interest in oil and gas underlying a tract of
land may petition the court of common pleas of the county in which the tract
or any portion of the tract is located to declare a trust in favor of all
unknown owners of an interest in the oil and gas underlying the tract whose
identity, present residence or present address is unknown and cannot be
determined by diligent efforts. The petitioner's interest may be in fee, by
lease, a royalty or by ownership of correlative rights in an oil and gas
reservoir. The bill states that before the court would declare a trust in
favor of an unknown owner or owners, the petitioner must meet certain
requirements. Also, any person who fails to pay any bonuses, rental payments,
royalties or other income due owners of interests in oil and gas within six
months of the date of which those funds become due would be liable for all
attorney fees and court costs of collection, with interest to the date of
payment. |
Effective immediately |
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|
|
July 12 |
Amends the Tax Reform Code further
providing, in sales and use tax, for definitions and for alternate
imposition; further providing, in corporate net income tax, for definitions.
The bill states that a small business would receive a research and
development tax credit for the taxable year for 20% of the excess of the
taxpayer's total |
Effective immediately |
|||
|
|
Oct. 4 |
Amends Title 75 (Vehicles)
providing for Gold Star Family Registration plate for family members of a
person killed while serving on active duty in the military. The department
may charge a $20 fee in addition to the annual registration fee. The bill
requires that an applicant for a gold star family plate would certify on a
form approved by the department that the applicant is a family member of a
person who was killed while serving on active duty in the military. Also, the
special registration plate may be used only on a passenger car or truck with
a registered gross weight of not more than 10,000 pounds. |
Effective in 60 days |
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|
|
Oct. 4 |
Authorizing and directing the
Department of General Services, with the approval of the Governor and the
Pennsylvania Historical and Museum Commission, to accept by donation a tract
of land and any improvements on the tract, situate in Penn Township,
Westmoreland County; authorizing the Department of Transportation, with the
approval of the Governor, to grant and convey to AMFIRE Mining Company, LLC,
the right to remove coal underlying certain highway right-of- way situate in
Cresson Township, Cambria County; and authorizing the Department of General
Services, with the approval of the Governor, to grant and convey to the
Allentown commercial industrial authority, or their assigns, certain lands
situate in the city of Allentown and the city of Bethlehem, Lehigh county,
Pennsylvania. |
Effective immediately |
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|
|
Oct. 18 |
Amends the Tax Reform Code further
providing, in sales and use tax, for assessment, for reassessment, for review
by Board of Finance and Revenue, for appeal to Commonwealth Court, for refund
of sales tax attributed to bad debt, for refund or credit for overpayment,
for restriction on refunds, for refunds, for refund petition, for review by
board of finance and review, for appeal to Commonwealth Court and for
extended time for filing special petition for refund; further providing, in
personal income tax, for assessment, for jeopardy assessments, for procedure
for reassessment, for review by Board of Finance and Revenue, for appeal to
Commonwealth Court, for restrictions on refunds and for limitations on refund
or credit; further providing, in corporate net income tax, for definitions,
for reports and payment of tax; for changes made by federal government, for
settlement and resettlement and for enforcement relating to corporate net
income tax; providing, in corporate net income tax, for assessments, for
jeopardy assessments, for limitations on assessments, for extension of
limitation period, for audit by Auditor General and for collection; further
providing, in gross receipts tax, for imposition; further providing, in
realty transfer tax, for determination and notice, for lien and for refunds;
further providing, in mutual thrift institutions tax, for imposition and
report; providing, in malt beverage tax, for assessment by department;
providing for procedure and administration; further providing, in general
provisions, for estimated tax, for underpayment, for refund petitions and for
timely filing; and providing, in general provisions, for assessments to be
made by department. |
Effective immediately |
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|
|
Oct. 27 |
Amends Title 71 (State Government)
further providing for the administrative duties of the State Employees'
Retirement Board by adding that the board would keep a record of all its
proceedings which would be open to inspection by the public. The bill states
that any record, material or data received, prepared, used or retained by the
board or its employees, investment professionals or agents relating to an investment
would not constitute a public record subject to public inspection under the
Right-to-Know Law, if the inspection would: (1) involve the release of
sensitive investment or financial information relating to the alternative
investment or alternative investment vehicle, (2) cause substantial
competitive harm to the person from whom sensitive investment or financial
information relating to the investment was received, or (3) have a
substantial detrimental impact on the value of an investment to be acquired,
held or disposed of by the fund. |
Effective immediately |
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|
|
Oct. 27 |
Amends the Solicitation of Funds
for Charitable Purposes Act further providing for audit of certain financial
reports. The bill states that the financial report of every charitable
organization which receives annual contributions of $300,000 or more would be
audited by a public accountant. Every charitable organization that receives
annual contributions of at least $100,000, but less than $300,000, would be
required to have a review or audit of their financial statements performed by
a public accountant. A compilation, audit or review is optional for any
charitable organization which receives annual contributions of less than
$50,000. |
Effective in 60 days |
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Oct. 27 |
Amends Titles 74 (Transportation)
and 75 (Vehicles) further providing for period of revocation or suspension of
operating privilege; and abrogating a regulation. The bill states that the
department may not utilize the services of employees of the department as
hearing officers with respect to certain activities and proceedings of the
department. The bill also states that a person whose operating privilege has
been suspended or revoked may request a hearing at any time during the
suspension or revocation if the person believes that credit toward the
person's suspension or revocation has not been given by the department. The
department must issue its final ruling within 60 days following the hearing. |
Effective in 60 days |
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Oct. 27 |
Amends The Clean Streams Law further
providing for penalties for violations of the law by adding that any person
or municipality who intentionally or knowingly violates the act, any rule or
regulation of the department, any order of the department, or any condition
of any permit issued pursuant to the act is guilty of a third degree felony
and would be subject to a fine of at least $5,000 and up to $50,000 for each
separate offense or to imprisonment for up to seven years, or both. Also, the
actions for criminal penalties under this act may be commenced at any time
within a period of five years from the date the offense is discovered. The
bill states that with respect to offenses of this section, it is the
legislative purpose to impose liability on corporations as set forth in 18
PA.C.S. Sec. 307 (relating to liability of organizations and certain related
persons). |
Effective in 60 days |
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Oct. 27 |
The Farmers' Market Development
Act establishes the Farmers' Market Development Grant Program to award grants
for the purpose of developing or expanding farmers' markets. Eligible
applicants would be located within PA and may include farmers, nonprofit organizations,
businesses or associations that manage or operate farmers' markets, or local
government units. Grants may be used for any of the following: (1) the cost
of developing a business plan for a new farmers' market; (2) predevelopment
costs associated with opening a new farmers' market, including site
selection, demographic research, farmer recruitment and sales potential
analysis; (3) promotion of an existing farmers' market through marketing
materials, media outreach and advertising; (4) staffing costs to manage and
operate a farmers' market; (5) the purchase of tables, stands and other
display materials for use in a farmers' market; (6) the provision of
nutrition education materials or educational materials about Pennsylvania
farm products to program participants; or (7) the conduct of outreach to
program participants to increase participation in existing food assistance
programs. The maximum amount of a grant per a farmers' market location would
be $10,000 and each applicant would provide at least 10% of the grant amount
in matching funds or in-kind goods or services. The 10% requirement may be
waived by the Secretary for a project to serve an underserved area if he
determines that the waiver will further the purposes of the act. The
legislation outlines the application procedure. |
Effective July 1, 2007 |
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Oct. 27 |
Amends the Real Estate Licensing
and Registration Act defining "commercial property" to mean any
property, or portion thereof, which is used, occupied or is intended,
arranged or designed to be used or occupied for the purpose of operating a business,
an office, a manufacturing facility or any pubic accommodation. It also means
any vacant lot offered for sale or lease, or held, for the purpose of
constructing or locating thereon a building, structure or facility which is
intended, arranged or designed to be used or occupied for the purpose of
operating a business, an office, a manufacturing facility of any public
accommodation. It does not include vacant land suitable only for construction
or location of less than five residential dwellings. The bill also states
that disclosures required to be given at initial interviews would not be
required for commercial property sale or lease transactions unless the
prospective buyer/tenant or seller/landlord is an individual. |
Effective in 90 days |
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Oct. 27 |
Amends Title 23 (Domestic Relations)
providing an exception to the oral examination for members of the active
military, reserves or Pennsylvania National Guard who are currently deployed
in an active military operation or national emergency; and further providing
for, in child protective services, investigation of reports and for county
agency requirements for general protective services. Requires that whenever a
county agency transfers to another county agency a file relating to a child
who receives or is in need of protective services, the file must include any
photographic identification and an annually updated photograph of the child.
Additionally, the legislation adds exceptions to oral examinations for
members of the active military by stating that if an applicant is unable to appear
in person because of active military service, the applicant would be
permitted to forward an affidavit verifying all of the information required
to the issuing authority. |
Effective in 60 days |
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Oct. 27 |
Act designating a bridge in
Chester County as the Ben Weaver Bridge; designating State Route 132 in Bucks
County as the Armed Forces and Veterans Memorial Highway; designating a
bridge on State Route 150 crossing the Beech Creek in Clinton and Centre
Counties the Beech Creek Veterans Memorial Bridge; designating State Route
291 through the city of Chester as the Rosa Parks Memorial Highway; and
designating a road in Philadelphia County as Senator Hank Salvatore Drive. |
Effective immediately with exceptions |
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Oct. 27 |
Amends the Medical Care
Availability and Reduction of Error (Mcare) Act by
extending the abatement program under the Health Care Provider Retention
Program through 2007 (it currently ends in 2006); further providing for the
definition of "emergency physician; and further providing that emergency
physicians not employed full time by a trauma center or working under an
exclusive contract would retain eligibility for an abatement. |
Effective immediately with exceptions |
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Oct. 27 |
Amends the Vital Statistics Law
further providing for registration districts and for local registrars' duties
for death and fetal death registration. The bill states that local registrars
would perform the duties imposed upon them by this act, under and subject to
the supervision of the department. Also, local registrars would transmit
certificates and transcripts to such places and at such times as would be
prescribed by the department and would transmit, for a person who was at
least 18 years of age at the time of death, a copy of the death certificate
to the county board of elections of the county in which the person resided at
the time of death. The bill also states that no person would dispose of a
dead body or fetal remains until a local registrar issues a permit for
disposal. The local registrar would be authorized to issue the permit and may
issue blank presigned permits to the funeral
director only. Lastly, under the bill, the funeral director or the person in
charge of interment or removal would file a certificate of death or fetal
death with the local registrar within 96 hours after the death or fetal death
or within 96 hours after the finding of a dead body or fetal remains. |
Effective in 60 days |
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Oct. 27 |
Amends the Second Class City
Policemen Relief Law further providing for benefits for pensioners, surviving
spouses, children and parents of police officers by replacing the term
"widow" with "surviving spouse" throughout the bill. The
bill states that the board would continue indefinitely payments to a
dependent incompetent child, allocate the pension to dependent children or
parents, and indefinitely continue payments to a dependent incompetent child.
(Currently they may continue payments.) |
Effective in 60 days |
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Oct. 27 |
Amends the |
Effective immediately |
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Oct. 28 |
The Residential Visitability Design Tax Credit Act would provide for a
tax credit to encourage property owners to include visitability
design features on their properties. The bill states that the governing body
of a local taxing authority which levies a tax on residential property is
authorized to and may, by ordinance or resolution, provide a residential visitability design tax credit against a real property
tax levied on such property. The credit may be offered to residential owners
if the uniform design standards are provided within the eligible residential
units. The tax credit would be limited to any new or renovated dwelling that
contains visitability design features which will
enhance the usability of the dwelling for persons with significant mobility
impairment. The amount of the tax credit would be determined by the governing
body and would not exceed $2,500, or the total amount of the increased amount
of property taxes owed during the first five years from the time the tax
credit is approved, whichever is less. The bill adds that architectural
design of a visitable home must comply with certain
requirements. "Visitability design" is
defined as the presence of architectural design features which enhance access
and usability for visitors and residents who have significant mobility
impairment and which minimize the cost of full accessibility modifications,
if necessary, at a later time. |
Effective immediately |
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Oct. 31 |
The Price Gouging Act states that
during and within 30 days of the termination of a state of disaster emergency
declared by the governor, it would be a violation of this act for any party
within the chain of distribution of consumer goods or services to sell or
offer to sell the goods or services for an amount considered an
unconscionably excessive price. The bill provides for evidence of
unconscionably excessive price. The Bureau of Consumer Protection in the
Office of Attorney General would investigate any complaints received
concerning violations of this act. |
Effective in 60 days |
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Nov. 1 |
Amends Title 65 (Public Officers) further
providing for ethical standards definitions and for lobby regulation and
disclosure. A lobbyist or a principal to would be required to register with
the Department of State within ten days of receiving compensation as a
lobbyist, lobbying firm or principal on a biennial basis beginning January 1,
2007. Contents of the registration statements for each lobbyist, lobbying
firm and principal are specified. Additionally, lobbyists would be required
to file quarterly expense reports with the Department listing the names of
all lobbyists and their registration numbers, issues being lobbied, and
expense reports. Expense reports would contain the name, position and
occurrence of a state official or employee who receives from a principal or
lobbyist anything of value. A required expense report would be filed when
total expenses for lobbying are greater than $2,500 for a registered
principal in a reporting period. In a reporting period in which total
expenses are $2, 500 or less, a statement to this effect must be filed.
Certain persons and activities are further exempted. Lobbyists would be
prohibited from serving as an officer for a candidate's political committee
or political action committee or charge a fee if any part will be converted
into a contribution to a candidate for public office or a political
committee. A registrant may not lobby on behalf of a principal on any subject
matter in which the principal's interests are directly adverse to the
interests of another principal currently represented by the lobbyist or
previously represented by the lobbyist during the current session of the
general assembly. Certain exceptions are provided for in the bill. A
principal or lobbyist required to report would include in the report a
statement affirming that to the best of the principal's or lobbyist's
knowledge he/she has complied with this requirement. A lobbyist could not
travel on any state-owned plane or aircraft. The bill also provides for
unlawful acts that a lobbyist or principal may not engage in. The Department
would prepare and publish an annual report on lobbying activities in the
state. Penalties for violations of these provisions are specified as are
audits, enforcement provisions and affirmative defenses. There would be a
biennial registration fee of $100, which would be deposited in the Lobbying
Disclosure Fund in the State Treasury and used to carry out this legislation.
A special committee is created to promulgate regulations as necessary. The
legislation extensively outlines the specific requirements of lobbyists and
principals and the penalties for violating the legislation. The Department
would be responsible for implementing a fully accessible system for
computerized filing. Promulgation of regulations by a specified Committee is
also provided for in the bill. |
Effective immediately with exceptions |
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Nov. 1 |
Amends Titles 4 (Amusements) and
18 (Crimes and Offenses) further providing for definitions and for the
Pennsylvania Gaming Control Board; providing for applicability of other
statutes; further providing for powers and duties of board; providing for
code of conduct; further providing for temporary regulations, for licensed
entity application appeals from board, for license or permit application
hearing process, for board minutes and records, for collection of fees and
fines, for regulatory authority of board, for slot machine license fee, for
number of slot machines, for reports of board, for license or permit
prohibition, for Category 2 slot machine licenses, for Category 3 slot
machine licenses, for order of initial license issuance, for slot machine
license application and for slot machine license application business entity
requirements; providing for licensing of principals and for licensing of key
employees; further providing for slot machine license application financial
fitness requirements and for supplier and manufacturer licenses; providing
for manufacturer licenses; further providing for occupation permit
application, for central control computer system, for license or permit
issuance, for nontransferability of licenses and
for gross terminal revenue deductions; providing for itemized budget
reporting; further providing for establishment of State Gaming Fund and net
slot machine revenue distribution, for distributions from Pennsylvania Race
Horse Development Fund, for the Compulsive and Problem Gambling Program;
providing for public official financial interest, for political influence and
for enforcement; providing for procedures and for conduct of public officials
and employees; further providing for prohibited acts and penalties; providing
for detention and for interception of oral communications; further providing
for duty to provide and for submission of fingerprints and photographs;
providing for repayments to State Gaming Fund; and further providing for
corrupt organizations. |
Effective immediately |
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Nov. 2 |
Amends the Insurance Company Law further
providing, in health care insurance individual accessibility, for expiration;
providing, in quality health care accountability, for managed care plans
participating in the medical assistance program; further providing, in
children's health care, for legislative findings and intent, for definitions,
for free and subsidized health care, for outreach and for payor
of last resort and insurance coverage; and providing, in children's health
care, for federal waivers and for expiration. The bill states that the
Legislative Budget and Finance Committee would conduct a review and issue a
report on the delivery and quality of healthcare services in the state by
fee-for-service and managed care plans participating in the medical
assistance program. The "Healthy Beginnings Program" would be
created to provide medical assistance coverage to children as required by
Title XIX of the Social Security Act for (1) children birth age to one with a
family income no greater than 185% of federal poverty (2) children one through
five with family incomes no greater than 133% of federal poverty and children
6 through 18 with family incomes no greater than 100% of federal poverty. The
Department would have to take steps to ensure federal money under Title XXI
of Social Security for services delivered are received. The fund would be
used for healthcare coverage for children with no more than 10% of the
contract going toward administration expenses, subject to exception.
Additional spending requirements are established. Requirements for eligible
children are specified along with the costs their families may or may not
have to pay based upon their income levels. The ability of the Department to
provide co -payments is authorized and the issuance of an annual report
outlining primary health services funded, outreach and enrollment efforts,
and the number of enrolled children by county and by per centum of the
federal poverty level is required. The Children's Health Advisory Counsel is
established within the Department as an advisory council. Their makeup and
responsibilities are further provided for in the bill. Contract selection is
provided for as well as the minimum makeup of a benefits package for eligible
children. |
Effective in 30 days or January 1, 2007 |
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Nov. 9 |
Amends the PA Election Code by adding that an
elector would be entitled to an absentee ballot after 5:00 on the Friday
before any election in the event the elector could not reasonably foresee
certain circumstances that would prevent him from voting in person. The
legislation outlines procedures for receiving an absentee ballot in such
circumstances. Additionally, the bill states no contribution from a
partnership, limited partnership or limited liability company may be made
from funds of any partner, limited partner or member that is a corporation. A
limited liability company that makes a contribution would affirm to the
recipient candidate or committee that the limited liability company is
treated as a partnership for federal tax purposes and that the contribution
from the limited liability company does not contain corporate funds. |
Effective
immediately |
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Nov. 9 |
Amends the Fiscal Code extending
the authority of the Treasury Department to invest certain moneys (known as
"prudent person authority") through 2008 (it currently expires at
the end of 2006). Additionally, the bill adds definitions for "general
use prepaid cards", "gift card", "gift certificate",
and "qualified gift certificate" and further provides for unclaimed
property and for property held by courts and public officers and agencies.
Lastly, the legislation clarifies provisions relating to notice and publication
of lists by adding that publication of lists of property subject to custody
and control of PA must be published in at least once in a legal newspaper and
on the Treasury Department's website. |
Effective
in 60 days with exceptions |
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Nov. 9 |
Amends Titles 18 (Crimes and Offenses) and 42
(Judiciary and Judicial Procedure) further providing for the offense of
corrupt organizations; providing for the offense of trafficking in persons;
further providing for order authorizing interception of wire, electronic or
oral communications; and providing for sentencing for trafficking of persons
and for criminal forfeiture. The legislation adds to the definition of
"racketeering activity" any act indictable under Chapter 30
(relating to trafficking of persons) and adds Chapter 30 to Title 18. The
Chapter states that a person commits an offense if he/she knowingly traffics
or attempts to traffic another person, knowing that the other person will be
subjected to forced labor or services. Such an offense would be a felony of
the second degree unless the other person suffers bodily injury or the other
person is an individual under 18 years of age, in which case it would be
graded as a felony of the first degree. The legislation authorizes
interception of wire, electronic or oral communications for offenses under
section 3002 (relating to trafficking of persons) and provides for
sentencing. |
Effective
in 60 days |
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Nov. 9 |
Amends the Municipal Waste Planning, Recycling and
Waste Reduction Act extending the recycling fee until January 1, 2012.
Additionally, the legislation states that performance grants for municipal
recycling programs will not be awarded unless it is demonstrated to the
department's satisfaction that: (1) the application is complete and accurate;
(2) the materials were actually marketed; (3) the materials have not been
produced by a leaf or other organics composting facility; and (4) mandated
curbside municipalities receiving more than $10,000 in funding have met
certain performance requirements. If a municipality does not satisfy the
performance requirements, the grant funds awarded to the municipality would
be expended by the municipality to satisfy the requirements. If the
requirements are satisfied by the municipality, the grant funds may be
expended by the municipality on any expense as determined by the municipality. |
Effective
in 60 days |
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Nov. 9 |
Title 34 (Game) would be amended to allow the
director of the Pennsylvania Game Commission to print publications and forms
that contain advertisements. |
Effective
in 60 days |
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Nov. 9 |
Amends the County code to extend to the date, from
April 1 to July 1, by which a county must submit its annual financial report to
the Department of Community and Economic Development (DCED). The bill also
adds that no sign or sign structure primarily used to support or display a
sign would be assessed as real property by a county for purposes of the
taxation of real property by the county or a political subdivision located
within the county. |
Effective
immediately |
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Nov. 9 |
Amends Title 42 (Judiciary and Judicial Procedure)
pertaining to restitution, reparation, fees, costs, fines and penalties to
include transportation costs and other costs associated with the prosecution.
The bill also provides for the information made available on the |
Effective
immediately |
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Nov. 9 |
Amends the Clinical Laboratory Act providing for glomerular filtration testing by adding that the director
of a licensed clinical laboratory must provide that when the laboratory tests
a specimen to determine the serum creatinine level
for a patient age 18 or older, the laboratory would also calculate the
patient's estimated glomerular filtration rate at
no extra charge. A laboratory would only be required to calculate and report
a patient's estimated glomerular filtration rate if
information necessary for the calculation to be considered medically appropriate
and valid for the patient has been made available to the laboratory by the
health care professional. Clinical laboratories that do not have information
systems capable of providing estimated glomerular
filtration rates on an automated basis would have two years to comply with
this section. |
Effective
in 120 days |
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Nov. 9 |
Amends the Housing Authorities Law
defining "mixed-use projects" as any project that includes a
commercial, industrial, market-rate residential or retail component, and
either (1) a low-income housing component; or (2) is within a two mile radius
of a low-income housing project owned, leased, either in the capacity of lessor or lessee, held or financed by an Authority. The
bill states an Authority has the authority to make, execute and enter into
employment agreements, which are necessary or convenient to the exercise of
the powers of the Authority, with any individual who is or will be hired to
work in any position that is not represented by a bargaining representative
under the Public Employe Relations Act, or part of
a bargaining unit that has been created by an order of the Pennsylvania Labor
Relations Board pursuant to the Public Employe
Relations Act. An Authority would also have the power to do all acts that are
necessary, convenient or useful to the development or operation of one or
more mixed-use projects, including, with the approval of the municipality in
which the Authority lies, the power to plan, design, locate, acquire through
purchase, the exercise of powers under the Eminent Domain Code, or otherwise,
hold, construct, finance, improve, maintain, operate, own, lease, either in
the capacity of lessor or lessee, land, buildings,
other structures and personal property necessary, convenient or useful to the
development or operation of a mixed-use project. An Authority would have the
power to finance mixed-use projects by borrowing money, making and issuing bonds,
governmental and private activity, or other obligations, and making loans
which may be evidenced by and secured as may be provided in loan agreements,
mortgages, security agreements or any other contracts, instruments or
agreements, which may contain such provisions as the Authority would deem
necessary, convenient or useful for the security or protection of the
Authority or its bondholders, except that, in no instance may money
designated for use on the housing component of a mixed-use project be utilized
in a manner inconsistent with its purpose. |
Effective
in 60 days |
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Nov. 9 |
Amends Title 23 (Domestic Relations)
by adding that parental rights may be involuntarily terminated if a parent is
convicted of certain offenses, such as assault or homicide. The bill also
provides for the release of information in confidential reports, for citizen
review panels and their duties, for reports, and for mandatory reporting of
substance abuse births. The bill requires the Department to prepare and
transmit to the Governor and the General Assembly a quarterly report that
includes a summary of its findings. |
Effective
in 180 days |
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Nov. 9 |
Amends Workers' Compensation Act further providing for
schedule of compensation by adding that a person would receive a minimum of
$100 per week, for definitions relating to procedure and for enforcement of
standards and processing of claims; providing for the Workers' Compensation
Appeal Board; further providing for assignment of claims to referees, and for
counsel fees; providing for an Uninsured Employers Guaranty Fund; and making
a related repeal. The legislation extensively outlines the duties of workers'
compensation judges and establishes the Workers' Compensation Appeal Board,
providing for its composition and authority. Lastly, the legislation
establishes the Uninsured Employers Guaranty Fund, the sources of which would
be assessments, reimbursements or restitution, and interest. The fund would
be used for the exclusive purpose of paying to any claimant or his dependents
workers' compensation benefits due and payable under this act and the
Occupational Disease Act and any costs specifically associated therewith
where the employer liable for the payments failed to insure or self-insure
its workers' compensation liability at the time the injuries took place. $1
million is transferred into the fund from the Administration Fund. |
Effective
in 60 days |
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Nov. 9 |
Amends Title 24 (Education) defining
"alternative investment" as an investment in a private equity fund,
private debt fund, venture fund, real estate fund, hedge fund or absolute
return fund and defining "alternative investment vehicle" as a
limited partnership, limited liability company or any other legal vehicle for
authorized investments under Section 8521(I) (relating to management of fund
and accounts) through which the system makes an alternative investment. The
bill further provides that any record, material or data received by the
Public School Employees Retirement Board or its employees, investment
professionals or agents relating to an investment would not constitute a
public record subject to public inspection under the Right to Know Law, if,
in the reasonable judgment of the Board, the inspection would: in the case of
an alternative investment or alternative investment vehicle, involve the
release of sensitive investment or financial information relating to the
investment or vehicle which the fund was able to obtain only upon agreeing to
maintain its confidentiality; cause substantial competitive harm to the
person from whom sensitive investment or financial information relating to
the investment was received; or have a substantial detrimental impact on the
value of an investment to acquired, held or disposed by the fund, or would
cause a breach of the standard of care or fiduciary duty. The legislation
also provides for when the sensitive investment or financial information
would constitute a public record subject to public inspection under the Right
to Know Law. |
Effective
immediately |
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Nov. 9 |
Amends Title 30 (Fish) by stating that an
individual may not operate a watercraft after imbibing a sufficient amount of
alcohol such that the individual is rendered incapable of safely operating
the watercraft. The bill provides for penalties. The bill also states that a
waterways conservation officer may require that a person, prior to arrest,
submit to a preliminary breath test on a device approved by the Department of
Health to determine his blood alcohol level. Lastly, the bill provides for
the offense of aggravated assault by watercraft while operating under
influence. |
Effective
in 60 days |
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|
|
Nov. 9 |
Amends Title 51 (Military Affairs) further
providing for certain leaves of absence when officers and employees would be
ordered involuntarily, or under a Contingency Operations Temporary Tour of
Active Duty (COTTAD) agreement or voluntarily to serve in a combat zone or in
response to a domestic emergency, to active duty, other than active duty for
training, for a period of 30 or more consecutive days and assigned to duties
away from home station. When the duty is ordered, the employee would be
entitled to up to 15 days of additional military leave of absence in any one
year without loss of pay, time and efficiency rating. The bill would be
retroactive to January 1, 2005 for officers and employees who do not qualify
under Act 62 of 2005. |
Effective
in 60 days |
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Nov. 20 |
Amends the Tax Reform Code establishing a program
providing for strategic development areas, which would target areas of
economic distress though coordinated efforts by private and public entitles
to restore prosperity and promote long-term economic viability of the area.
The legislation also defines "health savings account", in personal
income tax, as having the same meaning as given in section 223(D) of the |
Effective immediately |
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Nov. 22 |
Act providing for the capital budget for the fiscal
year 2006-2007, which provides $1,015,000,000 for capital projects; itemizing
public improvement, transportation assistance and redevelopment assistance
projects to be constructed or acquired or assisted by the Department of
General Services, the Department of Community and Economic Development and
the Department of Transportation, together with their estimated financial
costs; authorizing the incurrence of debt without approval of the electors
for the purpose of financing the projects; and stating the estimated useful
life of the projects. |
Effective immediately |
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|
|
Nov. 29 |
Amends Title 62 (Procurement) by adding a section
requiring the department to enter into contract with local public emergency
procurement units for the purchase of supplies. The House and Senate
Veterans' Affairs and Emergency Preparedness Committees would compile a
suggested list of items used by local public emergency procurement units in
the performance of their duties that would be for cooperative purchase. |
Effective
in 60 days |
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|
|
Nov. 29 |
Amends the act entitled, "An act authorizing the
Commonwealth of Pennsylvania and the local government units thereof to
preserve, acquire or hold land for open space uses," by adding that
revenue from the levy of an earned income tax may also be used for expenses
related to land acquisitions. If a governing board of a local government unit
deems it to be for the public benefit of the local government unit, it may
appropriate money to a land trust or a local land trust for the acquisition
or conservation and preservation of interests in real property for the
purpose of achieving open space benefits or it may create a local land trust.
Further provides neither a land trust nor a local land trust would acquire an
interest in real property by eminent domain. "Land trust" is
defined as a nonprofit organization that is tax exempt, is registered with
the PA Commission on Charitable Organizations, and has among its primary
purposes the acquisition or conservation and preservation of interests in
real property for the purpose of achieving open space benefits and
"local land trust" is defined as a land trust incorporated by a
local government unit. |
Effective
in 60 days |
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|
|
Nov. 29 |
Amends the Liquor Code redefining "eligible
entity" to include a county tourist promotion agency located in a
township of the second class in a county of the fifth class; adding a
definition for "mixed-use town center development project"; further
providing for sales by liquor licensees, for sale of malt or brewed beverages
by liquor licensees, for malt and brewed beverages retail licenses, and for
retail dispensers' restrictions on purchase and sales; also providing for
limiting the number of retail licenses to be issued in each county and for
surrender of restaurant, eating place retail dispenser, hotel, importing
distributor and distributor license for benefit of licensee; providing for
expiration of point system and further providing for unlawful acts relative
to liquor, malt and brewed beverages and licensees. Also adds language
providing a holder of a restaurant license that is also approved to hold a
slot machine license or a conditional slot machine license may give liquor
and malt or brewed beverages free of charge to any person actively playing a
slot machine. |
Effective immediately |
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|
|
Nov. 29 |
The Public Utility Confidential Security |
Effective in 180 days |
|||
|
|
Nov. 29 |
Amends the PA Construction Code Act further
defining "agricultural building" to include structures in which
mushrooms are grown, further providing for administration and enforcement regarding
appeals fees, for applications and inspections, for changes in Uniform
Construction Code, for appeals regarding timeline for approval, for education
and training programs and for exemptions. |
Effective January 1, 2007 |
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Nov. 29 |
Amends The County Code further providing for
assistant county solicitors by adding that a county would not need approval
of the court of common pleas to appoint special counsel to perform duties in
connection with the legal affairs of the county. |
Effective
in 60 days |
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Nov. 29 |
Amends Title 75 (Vehicles) providing for special
registration plates by stating that if the vehicle is licensed to a business
that is not a member of the special group, the department would issue the
plate as long as the business owner or officer making application is a member
of that group. The bill also requires the Department of Transportation to
issue an identification card to any person 10 years of age or older (current
law does not specify an age). The bill also requires lighted lamps when a
vehicle operator cannot discern a person or vehicle upon the highway from a
distance of 1,000 feet due to insufficient light or unfavorable atmospheric
conditions, including rain, snow, sleet, hail, fog, smoke or smog, or any
time when the vehicle's windshield wipers are in continuous or intermittent
use due to precipitation or atmospheric moisture, including rain, snow, sleet
or mist. Under the bill, members of rescue organizations would have the
authority to use flashing or revolving blue lights. The bill states that an
annual permit may be issued authorizing movement on specified highways of a
hot box. "Hot box" is defined as an enclosure consisting of welded
steel plate chained to a semitrailer with a
removable lid lined with refraction for purposes of insulation and retention
of heat. Other types of vehicle permits are also specified. Lastly, an annual
permit may be issued authorizing the movement on highways of domestic animal
feed and whole or unprocessed grain, in bulk, which exceeds the maximum
vehicle gross weight specified in Subchapter C (relating to maximum weights
of vehicles). |
Effective immediately with exceptions |
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Nov. 29 |
The Social Security Number Privacy Act states
individuals applying for or renewing a professional license or certification,
occupational license or certification or recreational license required by a
Commonwealth agency or municipality must be permitted to provide an
alternative to disclosing their Social Security number (SSN) if SSNs are collected by the agency or municipality solely
for the purpose of complying with 23 Pa.C.S. Sec.
4304.1(a)(2) (relating to cooperation of government and nongovernment
agencies). No health insurer may place an insured's SSN on a health insurance
identification card. The bill requires DPW to apply for an exemption under
the federal Social Security Act. |
Effective immediately with exceptions |
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Nov. 29 |
Amends Title 51 (Military Affairs) further
providing for retention of licenses of persons entering military service by
allowing any person entering military service licensed by the Department of
Labor and Industry, Department of Education, Insurance Department or
Department of Banking, (previous language related only to a broker's license
issued by the Department of Insurance), to be exempt while serving from
continuing education requirements. The bill would allow the PA Supreme Court
to extend the provisions to those licensed to practice law in PA. The bill
also provides when determining the uniform and equitable standards for the
need for exemption from the payment of real estate taxes, the State Veterans'
Commission, beginning January 1, 2009, and every two years thereafter, would
adjust the annual income level qualifying for the rebuttable
presumption of need by an amount equal to the change in the consumer price
index in the preceding two years. |
Effective immediately with exceptions |
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Nov. 29 |
Amends Title 34 (Game) by allowing law enforcement
officers or any person who possesses a license to carry a firearm to be in
possession of a firearm during any activity regulated under Title 34. The
bill states that this does not allow hunting with this firearm unless
provided for by law. |
Effective in 60 days |
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Nov. 29 |
The Credit Reporting Agency Law states a consumer may
formally request that a consumer reporting agency place a security freeze on
his consumer report. The consumer reporting agency would have to comply
within five business days and may impose a reasonable charge on a consumer
for initially placing a security freeze, not to exceed $10. The charge to
temporarily lift the security freeze may not exceed $10 per request. The
security freeze would remain in place for seven years or until the consumer
reporting agency receives a request from the consumer to remove the security
freeze. Consumers 65 years or older or who are victims of identity theft are
exempted from the fee. Certain consumer reporting agencies would be exempted
from the provisions of the bill. |
Effective January 1, 2007 |
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Nov. 29 |
The Floral Transaction and Consumer Protection Act
prohibits the misrepresentation of the geographic location of a floral
business. The legislative intent of the bill states that such action misleads
consumers and causes financial harm to local florists who lose business and
to the state which loses sales tax revenue. The legislation provides for
penalties. The legislation would not apply to (1) an owner or personnel of
any medium in which an advertisement appears or through which an
advertisement is disseminated; or (2) a publisher or distributor of a local
telephone directory in which an advertisement or local telephone number
appears or through which the advertisement or number is disseminated. |
Effective immediately |
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Nov. 29 |
The Sexual Assault Testing and Evidence Collection Act
establishes a Statewide sexual assault evidence collection program to promote
the health and safety of victims of sexual assault and to facilitate the
prosecution of persons accused of sexual assault. This program would be
administered by the Department of Health, which would: (1) consult with PCAR
and the State Police to develop minimum standard requirements for all rape
kits used in hospitals and health care facilities in PA; (2) test and approve
commercially available rape kits for use in PA; (3) review the minimum
standard requirements for rape kits and prior-approved rape kits every three
years to assure that rape kits meet state-of-the-art minimum standards; and
(4) consult with PCAR, the State Police, the |
Effective in 60 days |
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Nov. 29 |
Amends the Second Class Township Code removing
references to elected assessors. The bill also provides for the appointment
and election of officers of new townships by stating that at the municipal
election, a tax collector would be elected for a regular four-year term if
the election occurs in the year when such officer is elected for a regular
term, and, if not, he would be elected for a term of two years and his
successor would be elected for a four-year term. |
Effective in 60 days |
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Nov. 29 |
Amends the Fourth to Eighth Class County Assessment
Law by providing for the elimination of the office of elected assessor in
townships of the second class. The bill redefines "assessor" as the
assessor elected in each borough, town and township of the first class and
elected in each ward of each city, borough or town, including the assistant
assessor, if any, in first class townships. The bill also repeals certain
sections of the Second Class Township Code. The bill provides for the
valuation of real property used for wind energy generation, stating that no
wind turbine generated generators or related wind energy appliances and
equipment, including towers and tower foundations, would be considered or
included as part of the real property in determining the fair market value
and assessment of real property used for the purpose of wind energy
generation. The valuation of real property used for wind energy generation
for assessment purposes would be developed by the county assessor utilizing
the income capitalization approach to value. |
Effective in 60 days |
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Nov. 29 |
Amends Title 18 (Crimes and Offenses) by adding that
a person convicted of arson or any similar offense under federal or state law
would be prohibited from serving as a firefighter in PA and would be
prohibited from being certified as a firefighter under the State Fire
Commissioner Act. The bill provides for proof of nonconviction.
Also provides that a person convicted of unsworn
falsification to authorities would pay a fine of at least $1,000. The bill
also adds offenses to the RICO statute. |
Effective in 60 days |
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Nov. 29 |
Amends Titles 18 (Crimes and Offenses) and 20
(Decedents, Estates and Fiduciaries) providing for the offenses of neglect of
care-dependent person and for living wills and health care powers of
attorney; further providing for implementation of out-of-hospital nonresuscitation; making conforming amendments; and
repealing provisions of Title 20, chapters 54 and 54a. |
Effective in 60 days |
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Nov. 29 |
Amends the Engineer, Land Surveyor and Geologist
Registration Law regarding administrative rules and regulations by
establishing requirements for continuing education to be fulfilled by
individuals licensed and registered under the act. The bill states that the
rules and regulations would include any fees necessary for the board to carry
out its responsibilities regarding establishing continuing education
requirements. |
Effective in 60 days |
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Nov. 29 |
Amends Title 20 (Decedents, Estates and Fiduciaries)
further providing for the grant of letters of administration and for the
administration of estates. The bill states that a redevelopment authority
granted letters of administration would have the power to take, clear,
combine, or transfer title to real property of the estate as necessary to
return such property to productive use, and upon payment of fair market value
of the property in its current state, to the estate. The bill deletes Section
3159 relating to Letters of administration D.B.N. or D.B.N.C.T.A. |
Effective in 60 days |
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Nov. 29 |
Amends Titles 2 (Administrative Law and Procedure) and
42 (Judiciary and Judicial Procedure) by inserting language providing for the
use of interpreters during court proceedings and administrative law
proceedings. |
Effective in 60 days |
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Nov. 29 |
Amends the Electronic Transactions Act by stating
that in terms of an electronic postmark, except for executive agencies, each governmental
agency in the Commonwealth would determine to what extent they will utilize
the USPS EPM or any similar service to send and accept electronic records and
electronic signatures to and from other persons. Further provides executive
agencies would comply with standards published by the Office of
Administration concerning the use of USPS EPM or any similar service. This
does not authorize the use of an electronic postmark or the USPS EPM for the
service of original process of a summons, complaint or other papers for the
purpose of obtaining jurisdiction over a defendant in a lawsuit. |
Effective in 120 days |
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Nov. 29 |
Amends the County Pension Law by providing for
transfers between certain classes. The bill states transfers between classes
apply to members of the retirement system who were employed by the county for
any time period after December 31, 1971, and before January 1, 1997, and who
transferred from a one-eightieth class to a one-sixtieth class on January 1,
1997. The bill states that the board may authorize the one-sixtieth class to
be applied retroactively to the employee's credit service or any portion thereof.
Also, whenever the board has authorized the members of the retirement system
to make a transfer, the county annuity would be calculated in accordance with
section 14(c) with the one-sixtieth class. Lastly, the board may adopt rules
pursuant to this subsection until June 30, 2007. |
Effective in 60 days |
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Nov. 29 |
Amends Title 23 (Domestic Relations) providing for court-appointed
child custody health care or behavioral health practitioners by stating that
no party to a child custody matter in which the court has appointed a
licensed health care or behavioral health practitioner to assist the court by
conducting an examination or evaluation of the parties involved or making a
recommendation concerning a child custody agreement or order may be permitted
to file a complaint against the practitioner with the practitioner's State
licensing board prior to the final agreement or order being issued and for 60
days thereafter. |
Effective in 60 days |
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Nov. 29 |
Amends the Plain Language Consumer Contract Act
further providing for contractual requirements by adding that contracts under
seal must include a statement substantially similar to the following: THIS IS
A CONTRACT UNDER SEAL AND MAY BE ENFORCED UNDER 42 PA.C.S. Sec. 5529(B).
Failure to include the statement would create an irrebuttable
presumption that the parties did not intend to create an instrument in
writing under seal. |
Effective in 180 days |
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Nov. 29 |
Amends the Children's Trust Fund Act further
providing for the Children's Trust Fund Board by adding that the Board may
accept, either directly or indirectly through a nonprofit corporation,
Federal funds, gifts and donations from individuals, private organizations or
foundations. The Board may also provide for the formation of a nonprofit
corporation, the purposes of which would be to solicit funds, make application
for, receive and manage Federal and private funds and to otherwise serve as
the financial intermediary between the board and the Federal Government and
contracted entities. Also, the Secretary of Public Welfare would serve as
executive director to the board and would carry out the duties and
responsibilities assigned by the board through staff employed by the
Department. Lastly, the Department would employ sufficient staff to carry out
the activities of the board. |
Effective in 60 days |
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Nov. 29 |
Amends Titles 18 (Crimes and Offenses) and 42
(Judiciary and Judicial Procedure) providing for conduct relating to sex
offenders and for loss of property rights by certain offenders and for
conduct relating to sex offenders; further providing for failure to comply
with sexual offender registration requirements; for the offense of unlawful
contact with a minor and for sentences for offenses against infant persons;
providing for sentences for sex offenders and for sentence for failure to
comply with registration of sexual offenders; further providing for
registration and for registration procedures and applicability; providing for
global positioning system technology; and further providing for the duties of
the Pennsylvania Board of Probation and Parole. |
Effective January 1, 2007 |
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Nov. 29 |
Amends Title 42 (Judiciary and Judicial Procedure)
further providing for endangering the welfare of children; further providing,
in child protective services, for definitions, reporting, immunity, penalties
and information on prospective child-care personnel; further providing for
information on family day-care home residents and for information on persons
having child contact; further providing for investigation of reports;
limitation of actions, sentencing and assessments; and further providing for
sex offender information made available on the |
Effective immediately with exceptions |
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Nov. 29 |
Amends the Rail Freight Preservation and
Improvement Act further providing for program authority by adding that the
program may also provide grants to railroad users, defined as any person,
firm or corporation which is a direct user or promoter of the development of
any rail freight transportation system, facility or service in this
Commonwealth. Additionally, the department is authorized to make grants for
capital projects up to $250,000 without authorization or itemization in an
approved capital budget. |
Effective in 60 days |
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Nov. 29 |
Amends the Underground Utility Line Protection Law
further providing for the title of the act, for definitions, for duties of
facility owners and for the duties of the One Call System; providing for
liability, fees and governance of the One Call System; further providing for
applicability; providing for the duties of project owners and for rights of
the Auditor General; further providing for the governing board of the One
Call System, for fines and penalties and for applicability to certain
pipeline systems and facilities; providing for a voluntary payment dispute resolution
process, for best efforts, for removal or tampering with a marking, for
determination of position and type of lines and for impairment of rights and
immunities; further providing for expiration; repealing provisions of the
Propane and Liquefied Petroleum Gas Act, concerning the prohibition of
certain liquefied petroleum gas facilities or distributors from being subject
to the Underground Utility Line Protection Law; and making an editorial
change. |
Effective in 120 days |
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Nov. 29 |
Amends the Tax Reform Code providing an exemption
from the state personal income tax for income from the United States
government or the Commonwealth of Pennsylvania for active state duty for
emergency within or outside the Commonwealth, including duty ordered pursuant
to Title 35, Chapter 76 (relating to emergency management assistance compact)
of the Pennsylvania Consolidated Statutes. |
Effective immediately |
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Nov. 29 |
Amends the act entitled, "An act designating
the bridge carrying State Route 1025 over Interstate 79 in North Strabane Township, Washington County, as the
Canon-McMillan Alumni Bridge," further providing for the Canon-McMillan
Alumni Bridge designation; designating State Route 830 extending from
Interstate 80 to the DuBois- Jefferson County Airport in Washington Township,
Jefferson County, as the |
Effective immediately |
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Nov. 29 |
The Healthy Farms and Healthy Schools Act authorizes
the Secretary of Agriculture to establish a program to award grants for the
purpose of developing the Healthy Farms and Healthy Schools Program in
kindergarten classes in PA. Any school district, charter school or private
school with a kindergarten program may submit an application to the
department for funding. The program would contain the following elements: (1)
a list of PA farmers who have agreed to supply food products from PA farms;
(2) nutrition and agriculture education; (3) training of teachers and other
educational staff on nutrition and agriculture education; (4) the inclusion
of parents, caregivers and community groups in educational activities; and
(5) field trips to PA farms or other direct agricultural educational
experiences which teach children about sources of food and PA agriculture.
Grant amounts would be limited to 75% of the amount necessary to develop the
program, not to exceed $15,000 annually, per school. |
Effective July 1, 2007 |
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Nov. 29 |
Amends the Unfair Trade Practices and Consumer
Protection Act by stating that the provisions of the act would not apply to
an employee of an |
Effective in 60 days |
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Nov. 29 |
Amends the Acupuncture Registration Act further
providing for medical diagnosis by stating that an acupuncturist may treat a
person's condition without the condition being diagnosed by a licensed
physician, dentist or podiatrist for 60 calendar days from the date of the
first treatment. Also, an acupuncturist can treat a person's condition beyond
60 calendar days from the date of the first treatment if the person obtained
a diagnosis of the treated condition from a licensed physician, dentist or
podiatrist. |
Effective in 60 days |
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Nov. 29 |
Amends The Fiscal Code further providing for
property subject to custody control of the Commonwealth by stating that any
property presumed to be abandoned and unclaimed that is held by a rural
electric cooperative may be retained and used by the cooperative if the
property is used within its service territory for energy assistance,
educational or civic purposes under a program adopted by the board of
directors of the cooperative. The rural electric cooperative would comply
with the reporting requirements of this act with respect to such property. |
Effective in 60 days |
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Nov. 29 |
Amends Title 71 (State Government) by adding that creditable
leaves of absence would include paid leave for the purposes of serving as an
elected full-time officer for a Statewide employee organization which is a
collective bargaining representative under the Policemen and Firemen
Collective Bargaining Act, or the Public Employe
Relations Act. The bill also maintains the existing three consecutive terms
in the same office limitation and removes the proposed union rate of
compensation provision. The bill sets a limit of up to 14 full-time business
agents appointed by an employee organization that represents correction
officers employed by state correctional institutions. Lastly, the bill states
that for business agents, these provisions would only apply to leaves of
absence approved after December 31, 2006. |
Effective immediately with exceptions |
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Nov. 29 |
Amends the Tax Reform Code by exempting from the sales
and use tax the purchase of the sale at retail or use of copies of an
official document sold by a government agency or court. |
Effective immediately |
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