|
|
|
|
GENERAL ACTS ENACTED FOR 2008 |
|
|
ACT |
DATE |
|
SUBJECT |
EFFECTIVE DATE |
|
Jan. 22 |
Act
designating the |
Effective in 60 days |
||
|
|
Feb. 4 |
Amends
Title 30 (Fish) further providing, in fishing licenses, for nonresident and
tourist licenses, for one-day resident fishing licenses, for issuing agents
and for license, permit and issuing agent fees. The bill extends the period
during which a One-Day Tourist Fishing License and One-Day Resident Fishing
License can be issued to March 15 to April 30 (from April 1 to April 30). The
timing for issuing agents to remit funds for licenses and permits is changed
from monthly to a time frame established by the Commission and agents would
be required to secure proof of residency from someone applying for a license.
The method of the maintenance of these records would be prescribed by the
Commission. Equipment for the issuance of fishing licenses and permits would
have to be available at reasonable hours for inspection by any waterways
conservation officer or other officer designated by the Commission. Penalties
for violations are further provided for in the bill. The cost of a
replacement license is increased from $4.25 to $5 and the transaction costs
associated with the Pennsylvania Automated Licensing Service (PALS) would be
actual cost, not to exceed $1. |
Effective Immediately |
|
|
Feb. 14 |
The
Right-To-Know Law reverses the presumption of access to records and puts the
burden of proof on a government agency denying access to a record. It
provides a list of 29 exceptions for executive agencies and local agencies,
which include criminal investigations, Social Security numbers, personal
financial information, and individual medical records. Legislative agencies,
including the Senate and the House, are required to provide access to 19
categories of records. Judicial agencies are required to provide financial
records. The bill also states that the state-related universities are
required to provide information from IRS Form 990, along with a list of the
highest 25 salaries for university employees. It also creates an online,
searchable database of state contracts. The legislation creates an
independent Office of Open Records, housed in DCED, with an executive
director appointed by the governor to a six-year term. The Office would
establish standard fees for photocopying records, and create a uniform form
that can be used to request records. The bill makes changes to the process of
obtaining public records in |
Effective on January 1, 2009 |
||
|
Feb. 22 |
Act
authorizing the Department of General Services, with the concurrence of the
Department of Environmental Protection, to lease to VTE Philadelphia, LP, or
its nominee, land within the bed of the Delaware River in the City of
Philadelphia; and affirming the authority of the General Assembly to enact
certain conveyances. |
Effective Immediately |
||
|
Feb. 22 |
Act
authorizing the Department of General Services, with the concurrence of the
Department of Environmental Protection, to lease to NCCB Associates, LP, or
its nominee, land within the bed of the Delaware River in the City of
Philadelphia; and affirming the authority of the General Assembly to enact
certain conveyances. |
Effective Immediately |
||
|
March 17 |
Designates
the bridge carrying State Route 30 over |
Effective in 60 days |
||
|
March 17 |
Amends
The Second Class Township Code by adding that a township is responsible for
ensuring that fire and emergency medical services are provided within the
township, including the appropriate financial and administrative assistance
for these services. The bill states that a township would consult with fire
and emergency medical services providers to discuss the emergency services
needs of the township. Also, the township would require any emergency
services organizations receiving township funds to provide to the township an
annual itemized listing of all expenditures of the funds before the township
may consider budgeting additional funding to the organization. |
Effective in 60 days |
||
|
March 17 |
Amends
The Borough Code by adding that a township is responsible for ensuring that
fire and emergency medical services are provided within the township,
including the appropriate financial and administrative assistance for these
services. The bill states that a township would consult with fire and
emergency medical services providers to discuss the emergency services needs
of the township. Also, the township would require any emergency services
organizations receiving township funds to provide to the township an annual
itemized listing of all expenditures of the funds before the township may
consider budgeting additional funding to the organization. |
Effective in 60 days |
||
|
March 17 |
Amends
The First Class Township Code by adding that a township is responsible for
ensuring that fire and emergency medical services are provided within the
township, including the appropriate financial and administrative assistance
for these services. The bill states that a township would consult with fire
and emergency medical services providers to discuss the emergency services
needs of the township. Also, the township would require any emergency
services organizations receiving township funds to provide to the township an
annual itemized listing of all expenditures of the funds before the township
may consider budgeting additional funding to the organization. |
Effective in 60 days |
||
|
March 17 |
Act
authorizing the Department of Conservation and Natural Resources (DCNR), the
Department of Transportation (PennDOT), the Department of Environmental
Protection (DEP) and Philadelphia Regional Port Authority, on behalf of the
Commonwealth, to agree to hold and save the US Army Corps of Engineers free
from all damages arising from the construction, operation, and maintenance of
the Delaware River Main Channel Deepening Project and other projects,
involving cooperative agreements between the Commonwealth and the Corps of
Engineers except for any damages due to the fault or negligence of the Corps
of Engineers. |
Effective Immediately |
||
|
March 17 |
Act
authorizing and directing the Department of General Services, with the
approval of the Governor, to grant and convey to CDM Ebensburg, LLC, certain
lands situate in |
Effective Immediately |
||
|
April 3 |
The
Umbilical Cord Blood Banking Education and Donation Act would educate
pregnant women regarding the potential benefits of umbilical cord blood banking
and provide opportunities for the donation and storage of umbilical cord
blood when desired by a pregnant woman. Healthcare providers directly related
to a woman's pregnancy would, by the end of the second trimester (28th week),
advise her of options to donate umbilical cord blood following the delivery
of a newborn child. Healthcare providers would not have to do so if this if
it is against their religious beliefs. Printable information for healthcare
providers would have to be available on the Department of Health's website. |
Effective in 60 days |
||
|
April 16 |
Amends
Title 13 (Commercial Code) extensively revising preliminary provisions and
provisions relating to warehouse receipts, bills of lading and documents of
title; further providing, in secured transactions, for definitions, for
perfection and priority in deposit accounts and for perfection upon
attachment; and making editorial changes. |
Effective in 60 days |
||
|
May 13 |
The
Cancer Drug Repository Program Act requires the State Board of Pharmacy to
create a Cancer Drug Repository Program so that unused cancer drugs may be
re-dispensed to cancer patients by approved pharmacies for the purpose of
dispensing these to indigents. The bill further provides for conditions under
which an approved participating pharmacy that is part of a closed drug
delivery system may return to an approved participating pharmacy an unused
cancer drug. Cancer drugs donated under the program could not be resold but a
participating entity may charge a handling fee for distributing or dispensing
these cancer drugs. The bill states a participating entity would record and
log the exact quantity, name and strength of drug prior to returning the
drugs to an approved participating pharmacy. The approved participating
pharmacy that receives the drug would record receipt and verify the quantity
of drugs. Immunity is provided for and would be solely applicable to the
donation, acceptance, distribution, dispensing or manufacture of the actual
medications donated to the program and would not explicitly be a general
waiver of liability. The need for regulations is further specified. |
Effective in 60 days |
||
|
May 13 |
Amends
the Phosphate Detergent Act further providing for exclusions and exceptions
by permitting a cleaning agent that contains up to 8.7% phosphorus by weight
to be used in commercial or institutions dishwashing machines (changed from
commercial or household machines). |
Effective July 1, 2010 |
||
|
May 13 |
Amends
Title 23 (Domestic Relations) further providing for child medical support by
adding that a court order for child support must include a requirement for
medical support. The bill provides for definitions. Additionally, the bill
states the Commonwealth would impose a fee of $25 in each case in which an
individual has never received assistance under Title IV-A of the Social
Security Act and for whom the Commonwealth has collected at least $500 of
support in a Federal fiscal year. The Commonwealth would pay the $25 fee for
those cases in which the annual collection is between $500 and $1,999.99. The
$25 fee would be collected from the custodial parent in cases where annual
collections equal $2,000 or more. The bill also provides for review of orders
of support and states incarceration would constitute a material and
substantial change in circumstance that may warrant modification or
termination of a support order. Lastly, the bill provides for pass-through of
support and assignment of support in the case of a family receiving cash
assistance from the Commonwealth and in the case of a family that never
received cash assistance from the Commonwealth. The amendment of 23 PA.C.S.
4326, 4351, 4352 and 4374(C)(3) would apply retroactively to March 31, 2008. |
Effective immediately with exceptions |
||
|
May 16 |
Act
designating the bridge carrying |
Effective in 60 days |
||
|
May 16 |
Act
designating State Bridge No. 36-4009-0030-0000, the newly replaced bridge on
Dillerville Road in the City of Lancaster, Lancaster County, as the Edward
Anthony Davis Memorial Bridge. |
Effective in 60 days |
||
|
June 11 |
Amends
the Medical Practice Act providing for perfusionist licensing, qualifications,
supervision and scope of practice, definitions, regulations and exemptions.
The legislation states it would be unlawful for any person to hold himself
out to the public as a perfusionist or to practice or offer to practice
perfusion unless the person holds a valid, current license issued by the
State Board of Medicine or the State Board of Osteopathic Medicine. A
perfusionist may perform perfusion on an individual being treated by a
physician licensed under this act or the Osteopathic Medical Practice Act
under medical supervision and approval consistent with standing orders or
protocols of a hospital. An applicant would be licensed to practice perfusion
if the applicant meets certain qualifications. Within two years, an applicant
who was not a graduate of an accredited program prior to 1981, but met the
then-current eligibility requirements for certification as a certified
clinical perfusionist and subsequently was certified, would be licensed as a
perfusionist if the applicant otherwise complies with the provisions of this
act. Also provides for a temporary emergency exemption of an individual who
holds a current license as a perfusionist in another state, territory or the |
Effective in 60 days |
||
|
June 11 |
Amends
the Osteopathic Medical Practice Act providing for perfusionist licensing,
qualifications, supervision and scope of practice, definitions, regulations
and exemptions. The legislation states it would be unlawful for any person to
hold himself out to the public as a perfusionist or to practice or offer to
practice perfusion unless the person holds a valid, current license issued by
the board or the State Board of Osteopathic Medicine. A perfusionist may
perform perfusion on an individual being treated by a licensed osteopathic
physician or a licensed physician under medical supervision and approval
consistent with standing orders or protocols of a hospital. An applicant
would be licensed to practice perfusion under this act if the applicant meets
certain qualifications. Within two years, an applicant who was not a graduate
of an accredited program prior to 1981, but met the then-current eligibility
requirements for certification as a certified clinical perfusionist and
subsequently was certified, would be licensed as a perfusionist if the
applicant otherwise complies with the provisions of this act. Also provides
for a temporary emergency exemption of an individual who holds a current
license as a perfusionist in another state, territory or the |
Effective in 60 days |
||
|
June 11 |
Amends
"An act relating to counties of the first class; defining deceased
service persons; providing for contributions by the county to the funeral
expenses for such persons and their widows; providing for the erection and
care of markers, headstones, and flags, and for the compilation of war
records" by stating the county commissioners of any such county would
procure appropriate markers for the graves of deceased service persons and
the graves of all other deceased persons who served in the Army, Navy, Air
Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any
officially connected organization. The markers would be of cast bronze,
aluminum or a suitable substitute material. The bill states it would also be
the duty of the county commissioners to provide flags on each Memorial Day to
decorate the graves of all deceased service persons and the graves of all
other deceased persons who served in the Army, Navy, Air Force, Marine Corps,
Coast Guard, Merchant Marine during World War II or any officially connected
organization. |
Effective in 60 days |
||
|
June 11 |
Amends
the |
Effective in 60 days |
||
|
June 11 |
Amends
the Second Class County Code by stating the county commissioners would
procure appropriate markers for the graves of deceased service persons and
the graves of all other deceased persons who served in the Army, Navy, Air
Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any
officially connected organization. The markers would be of cast bronze,
aluminum or a suitable substitute material. The bill states it would also be
the duty of the county commissioners to provide flags on each Memorial Day to
decorate the graves of all deceased service persons and the graves of all
other deceased persons who served in the Army, Navy, Air Force, Marine Corps,
Coast Guard, Merchant Marine during World War II or any officially connected
organization. |
Effective in 60 days |
||
|
June 11 |
Amends
the PA Appalachian Trail Act further providing for actions by municipalities
through which the |
Effective in 60 days |
||
|
June 11 |
Act
authorizing and directing the Department of General Services, with the
approval of the Governor, to grant and convey certain lands situate in the
City of |
Effective immediately |
||
|
June 11 |
Amends
Title 30 (Fish) providing for license vouchers by stating that the commission
would make available through its issuing agents vouchers that may be purchased
on behalf of a third party. The voucher would be designed on a form designed
by the commission and made available to all issuing agents. The voucher may
only be redeemed for the class of license or permit indicated on the voucher
and for which the applicable fee has been paid by the voucher purchaser.
Vouchers would be redeemable prior to their expiration date. The bill also
provides for fees for vouchers, places of redemption and restrictions. |
Effective immediately |
||
|
June 13 |
The
Clean Indoor Air Act establishes the Smoke Free Pennsylvania Act; prohibits
smoking in enclosed and substantially enclosed areas; imposes duties on the
Department of Health; imposes penalties; and makes a related repeal. The bill
prohibits smoking in a public place, except for: a private residence or
vehicle unless used for child or adult care services; designated quarters in
a lodging establishment or truck stop; a tobacco shop; a workplace of the
manufacturer, importer or wholesaler of tobacco related products; certain
residential facilities; a private club except where open to the public or
used for a non-club sponsored event; a place where a fundraiser is conducted
by a nonprofit and charitable organization one time per year if certain
conditions apply; an exhibition hall, conference room, catering hall or
similar facility used exclusively for an event to which the public is invited
for the primary purpose of promoting or sampling tobacco products, subject to
certain conditions; a cigar bar; a drinking establishment; 25% of the gaming
floor at a licensed facility; or a designated outdoor smoking area within the
confines of a sports or recreational facility, theater or performance
establishment. The bill provides for qualification for the exemptions. The Department
of Health would annually report to the Senate Public Health and Welfare
Committee and House Health and Human Services Committee. The act would
supersede any municipal ordinance concerning smoking in a public place,
except in a city of the first class ( |
Effective in 90 days |
||
|
June 18 |
Act
designating Long |
Effective in 60 days |
||
|
June 27 |
Act
designating a bridge on PA Route 120 crossing the railroad tracks at the east
end of Renovo Borough in |
Effective in 60 days |
||
|
June 27 |
Act
authorizing the Department of General Services, with the approval of the Governor,
to grant and convey to the Pennsylvania State Employees Credit Union, certain
lands situate in |
Effective Immediately |
||
|
June 27 |
Amends
the Third Class City Code by adding that a city is responsible for ensuring
that fire and emergency medical services are provided within the city,
including the appropriate financial and administrative assistance for these
services. The bill states that a city would consult with fire and emergency
medical services providers to discuss the emergency services needs of the
city. Also, the city would require any emergency services organizations
receiving city funds to provide to the city an annual itemized listing of all
expenditures of the funds before the city may consider budgeting additional
funding to the organization. |
Effective in 60 days |
||
|
July 2 |
Amends
The Local Tax Enabling Act, in local tax, further providing for definitions,
for delegation of tax powers and restrictions, for recapture of tax, for
payroll tax, for nonresident sports facility usage fees, for vacation of tax
ordinances and resolutions, for advertising tax ordinances, for second class
city tax rates, for taxpayer appeals, for filing ordinances, for limitation
on tax rates, for withholding of local services taxes, for administrative
personnel and joint agreements, for audits of earned income and other taxes,
for payment of tax to other taxing authorities as credits or deductions, for
personal property, for assessment limitations and for tax limitations;
providing for legal representation, for restricted use, for consolidated
collection of local income taxes, for collection of delinquent taxes and for
miscellaneous provisions; further providing for penalties and for repeals;
and making editorial changes. |
Effective immediately with exceptions |
||
|
July 3 |
Amends
Title 23 (Domestic Relations) revising the Child Protective Services Law
providing for reviews to be conducted at the Commonwealth and county level
when a child dies for nearly dies as a result of child abuse. Provides for
definitions, for immunity from liability, for release of information in
confidential reports, for studies of data in records, for investigating
performance of county agencies, for citizen review panels, for child abuse
services and for reporting. The bill also provides for a report by the
Department of Public Welfare to the governor and the General Assembly on
child abuse and criminal history information requirements. |
Effective in 180 days |
||
|
July 4 |
Amends
The Second Class Township Code by stating that the board of supervisors may
by ordinance require that a property owner connect with and use a water system
of the township or municipality authority or a joint water board if the
property owner's principal building is located within 150 feet of a water
system or any part or extension of the system or if the property owner's
principal building has no supply of water which is safe for human
consumption. A property owner who is subject to mandatory connection would
not be required to connect to the water system pursuant to that subsection if
all of the following conditions exist: (1) the water system or part or
extension of the system that is within 150 of the principal building was in
existence on the effective date of this subsection, (2) the principal
building has its own supply of water which is safe for human consumption and
(3) prior to the effective date of this subsection, the property owner was
not required to connect to the existing system. If any property owner
required to connect with and use the system fails to do so within 90 days
after notice to do so has been served by the board of supervisors, the board
of supervisors or their agents may enter the property and construct the
connection. |
Effective in 60 days |
||
|
July 4 |
Amends
Title 42 (Judiciary) by repealing provisions relating to certain appeals from
the PA Labor Relations Board, and further providing for the dissemination of
names for the statewide jury list. The language repealed states: "Except
where an employee of the Commonwealth is involved, determinations of the
Pennsylvania Labor Relations Board under the Public Employe Relations Act.
Except as otherwise prescribed by general rules, venue shall be in any county
where the unfair labor practice in question was alleged to have been engaged
in, or wherein the appellant or employer in a representation case resides or
transacts business." The bill also allows a court administrator, upon
request from the clerk of court for a United States District Court, to make
available the list of names for the counties comprising the district within
the jurisdiction of the requesting court from the statewide jury information
system. |
Effective July 1, 2008 |
||
|
July 4 |
Amends
the Newborn Child Testing Act further providing for newborn child screening
and testing requiring the department to establishing a program providing for
the screening tests of newborn children for phenylketonuria (PKU), maple
syrup urine disease (MSUD), sickle-cell disease (hemoglobinopathies),
Galactosemia, congenital adrenal hyperplasia (CAH), and primary congenital
hypothyroidism. The bill also adds a list of 28 diseases that must be
follow-up on after abnormal, inconclusive or unacceptable screening test
results. All laboratories performing the screening tests for newborn children
would be required to report the results to the department for follow-up
activities. The bill provides for duties of the department. |
Effective July 1, 2009 |
||
|
July 4 |
Amends
The Insurance Department Act further defining "company action level
event" to include the filing of an RBC report by an insurer that
indicates that, if it is a property or casualty insurer, that insurer has
total adjusted capital that is greater than or equal to its company action
level RBC but less than the product of its authorized control level RBC and
3.0 and a trend test result that triggers regulatory attention. |
Effective in 60 days |
||
|
July 4 |
Amends
the Physical Therapy Practice Act further providing for definitions, for
State Board of Physical Therapy and its powers and duties, for training and license
required and exceptions, for application for license, for qualifications for
license and examinations, for renewal of license and for reporting of
multiple licensure; providing for continuing education; further providing for
practice of physical therapy, for physical therapy assistant, education and
examination, scope of duties and registration and for supportive personnel;
repealing provisions relating to Athletic Trainer Advisory Committee and
certification of athletic trainers and certification renewal, revocation and
suspension; and further providing for refusal or suspension or revocation of
license, for automatic suspension, for temporary suspension, for subpoenas,
reports and surrender of license, for penalties and injunctive relief and for
impaired professional. |
Effective in 90 days |
||
|
July 4 |
Amends
the PA Municipalities Planning Code further providing for jurisdiction of the
zoning hearing board and the court of common pleas in challenges to the
validity of an ordinance for procedural defects in the process of enactment
by removing the exclusive jurisdiction of the zoning hearing board to hear
and render final adjudications in such challenges. The bill states challenges
to the validity of a land use ordinance raising procedural questions or
alleged defects in the process of enactment or adoption must be raised by
appeal taken directly to the court of common pleas of the judicial district
in which the municipality adopting the ordinance is located. The bill would
also allow optional public notice of municipal action in order to provide an
opportunity to challenge the validity of an ordinance or decision on the
basis that a defect in procedure resulted in a deprivation of constitutional
rights. The bill adds that zoning ordinances may contain provisions for
conditional uses to be allowed or denied by the governing body after
recommendations by the planning agency and hearing. |
Effective Immediately |
||
|
July 4 |
Amends
Title 42 (Judiciary) further providing for appeals raising questions relating
to an alleged defect in the process of, or procedure for, enactment or adoption
of an ordinance, resolution, map or similar action of a political
subdivision. Any appeal would be to the court of common pleas. Further
provides for exemption from limitation, presumptions and burden of proof. |
Effective Immediately |
||
|
July 4 |
The
Capital Budget Project Itemization Act of 2007-2008 provides for the capital
budget for the fiscal year 2007-2008; 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, Motor License Fund projects, State forestry bridge projects,
Pennsylvania Fish and Boat Commission projects, Manufacturing Fund projects,
State ATV/Snowmobile Fund projects, State Transportation Enhancement Funds
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, the Pennsylvania Fish
and Boat 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, the
Department of Community and Economic Development, the Department of
Conservation and Natural Resources, the Department of Environmental
Protection, the Pennsylvania Fish and Boat Commission or the Department of
Transportation; states the estimated useful life of the projects; provides an
exemption; provides for limitation on certain capital projects, for special
provisions for certain redevelopment assistance capital projects and for
preemption of local ordinances for Department of Corrections projects; makes
appropriations; and makes a repeal. |
Effective Immediately |
||
|
July 4 |
The
Cigarette Fire Safety and Firefighter Protection Act provides for testing
standards for cigarette fire safety, for certification of compliance by
manufacturers, for package markings and for enforcement and penalties;
establishes special funds to support activities related to this act and fire
safety and prevention programs; and provides for sale of existing inventory
by requiring compliance by July 1, 2009, for manufacturers' sale to other
states or foreign countries and for regulations and preemptions. The
standards would be reviewed every three years. |
Effective January 1, 2009 |
||
|
July 4 |
The
Great Lakes-St. Lawrence River Basin Water Resources Compact authorizes Pennsylvania
to join the Great Lakes-St. Lawrence River Basin Water Resources Compact;
provides for the form of the compact; imposes additional powers and duties on
the Governor, the Secretary of the Commonwealth, the Department of
Environmental Protection, the Environmental Quality Board and the Compact;
provides for amendment of standard of review and decision; provides for
baseline for determining new or increased withdrawals, consumptive uses or
diversions; and imposes penalties. |
Effective Immediately |
||
|
July 4 |
Amends
the Public Welfare Code, in public assistance, further providing for medical
assistance payments for institutional care; providing for payments for
hospital readmissions and for maximum payment to practitioners for inpatient
hospitalization; further providing for pharmaceutical and therapeutics
committee; providing for Drug Utilization Review Board; further providing for
Medicaid managed care organization assessments; in assessments for
intermediate care facilities for mentally retarded persons, further providing
for time periods; providing for hospital assessments; in departmental powers
and duties as to licensing, providing for personal care home information; in
fraud and abuse control, further providing for third-party liability;
providing for Federal law recovery of medical assistance reimbursement; and
further providing for data matching. The bill adds a subclause that states
various medical assistance payments are to be made on behalf of eligible
persons whose institutional care is prescribed by physicians, and providing
that subject to federal approval, the department will apply various
mechanisms, including a revenue adjustment neutrality factor to county and
nonpublic nursing facility payment rates. The bill adds sections providing
for payments for readmission to a hospital paid through diagnosis-related
groups, the establishment of a drug utilization board, imposition of
assessments and Medicaid managed care organization assessments, appeals,
hearings and penalties. |
Effective in 60 days |
||
|
July 4 |
Amends
the Medical Practice Act providing for definitions of "board regulated practitioner"
and "respiratory therapist," outlining licensure requirements for
therapists and providing for temporary permits for individuals who have
graduated or expect to graduate within 30 days from an accredited respiratory
care training program recognized by the board. The bill also extends the
authority of physician assistants, provided that the physician assistant is
acting within the supervision and direction of the supervising physician. The
bill adds that as part of biennial renewal a physician assistant must
complete continuing medical education as specified by the national commission
on certification of physician assistants. A physician assistant would be
required to carry professional liability insurance coverage. |
Effective in 60 days |
||
|
July 4 |
Amends
Osteopathic Medical Practice Act by replacing the term "respiratory care
practitioner" with "respiratory therapist" throughout the act.
The bill provides for respiratory therapists and their licensure, stating
that an individual would be eligible to apply for licensure as a respiratory
therapist if he: (1) submits evidence satisfactory to the board that the
applicant has met certain criteria; (2) has paid the licensure fee as
established by the board by regulation; and (3) has proved to the
satisfaction of the board that the individual is of good moral character and
is not unfit or unable to practice as a respiratory therapist by reason of
physical or mental impairment. It would be unlawful for any individual to
hold himself out to the public as a respiratory therapist or to practice or
offer to practice respiratory care unless the individual holds a valid,
current license issued by the board or the State Board of Medicine. Lastly,
the bill states that for two years following the effective date of this
subsection, an individual would be eligible to apply for licensure without
examination if the individual meets the qualifications for licensure and
holds valid certification as a respiratory care practitioner as issued by the
board or the State Board of Medicine. The bill also extends the authority of
physician assistants, provided that the physician assistant is acting within
the supervision and direction of the supervising physician. The bill adds
that as part of biennial renewal a physician assistant must complete
continuing medical education as specified by the national commission on
certification of physician assistants. A physician assistant would be
required to carry professional liability insurance coverage. |
Effective in 60 days |
||
|
July 4 |
Act
authorizing the Department of General Services, with the approval of the Department
of Transportation and the Governor, to grant and convey to Pike County or its
assigns, certain lands, situate in the Borough of Milford, Pike County, in
exchange for a certain tract of land; authorizing the Department of General
Services, with the approval of the Governor, to grant and convey to Heritage
Building Group, Inc., and the Municipal Authority of the Township of South
Heidelberg, and/or their assigns, six permanent sanitary sewer easements and
two temporary construction easements, situate in South Heidelberg Township
and Lower Heidelberg Township, Berks County; authorizing the Department of
General Services, with the approval of the Governor and the Department of
Military and Veterans' Affairs, to grant and convey, at a price to be determined
through a competitive bid process, certain lands, buildings and improvements
situate in the Borough of Pottstown, Montgomery County; authorizing the
Department of General Services, with the approval of the Governor, to grant
and convey, at a price to be determined through a competitive bid process,
certain lands, buildings and improvements situate in the Township of West
Norriton, Montgomery County; authorizing the Department of General Services,
with the approval of the Governor, to dedicate, grant and convey to the
Strasburg, Lancaster County, Borough Authority, a water main and
appurtenances to be constructed by the Department of General Services,
together with easements for public water purposes, situate in Strasburg
Township, Lancaster County, and to grant such further easements and licenses
as may be necessary to provide the Railroad Museum of Pennsylvania with
access to public sewer service; authorizing the Department of General
Services, with the approval of the Governor and the Department of Transportation,
to grant and convey to Parkwood Real Estate Trust LLC, approximately 1.645
acres including a building and all improvements thereon, situate at Parkwood
Drive in the City of Allentown and Salisbury Township, Lehigh County; and
authorizing the Department of General Services, with the approval of the
Governor, to grant and convey to the County of Lackawanna Transit System
Authority (COLTS), certain lands situate in the City of Scranton, Lackawanna
County, in exchange for a certain tract of land from COLTS situate in the
City of Scranton, Lackawanna County. |
Effective Immediately |
||
|
July 4 |
Amends
the Capital Facilities Debt Enabling Act by increasing the maximum amount of
state redevelopment assistance for capital projects to $3.45 billion provided
that no more than $200,000,000 in debt would be issued in any of the first
four fiscal years beginning with the fiscal year commencing July 1, 2008. |
Effective Immediately |
||
|
July 4 |
Amends
Title 68 (Real & Personal Property) in management of condominiums
providing as to unpaid common expense assessments made under section 3314(b)
(relating to assessments for common expenses) that come due during the six
months immediately preceding the date of a judicial sale of a unit in an
action to enforce collection of a lien against a unit by a judicial sale,
only to the extent that the six months' unpaid assessments are paid out of
the proceeds of the sale. The bill also allows condo associations to adopt
the Uniform Condominium Act as its governing law if 67% of the association's
members agree (changed from 100%). |
Effective Immediately |
||
|
July 4 |
The
Tourism Promotion Act states that upon receipt of certified copies of
ordinances or resolutions designating a tourism promotion agency to act
within counties, a county of the second class or city of the first class,
DCED would recognize such tourism promotion agency as the sole such agency
within those areas. The bill provides for applications for and approval of
grants to tourism promotion agencies and eligibility requirements for tourism
promotion agencies. The bill also states that the department may make grants
to regional marketing partnerships that satisfy the eligibility criteria set
forth in program guidelines. Also, it would not be necessary for a tourism
promotion agency that exists on the effective date of this section to be
redesignated by ordinance or resolution in order to be recognized by the
department. Lastly, the bill repeals the Tourist Promotion Law. The bill
states no regional marketing partnership would be awarded more than 35% of
the appropriation allocated to the regional marketing partnership grant
program in fiscal year 2008-2009. In fiscal year 2009-2010 and each fiscal
year thereafter, no regional marketing partnership would be awarded more than
30% of the appropriation allocated to the regional marketing partnership
grant program. |
Effective Immediately |
||
|
July 4 |
The
Mortgage Property Insurance Coverage Act would prohibit lenders from charging
borrowers property insurance coverage which exceeds the value of the
structures on the land used to secure the loan. The bill also prohibits
requirements of insuring the value of the land on loans secured by real
property. |
Effective Immediately |
||
|
July 4 |
The
Voice-Over- |
Effective Immediately |
||
|
July 4 |
Amends
the Fiscal Code further providing for State Treasury investments; providing
for audit of deposited securities; further providing, in unclaimed property,
for judicial action; further for funding of special funds; establishing the
Hazardous Sites Cleanup Fund; further providing for general budget
implementation; providing for 2008-2009 budget implementation and for
2008-2009 restrictions on appropriations for funds and accounts; and making a
related repeal. |
Effective Immediately |
||
|
July 7 |
The
Capital Budget Act of 2008-2009 appropriates $1.225 billion for the capital
budget for the fiscal year 2008-2009. |
Effective Immediately |
||
|
July 7 |
The
Bituminous Coal Mine Safety Act provides for bituminous coal mines, creates a
new Board of Coal Mine Safety to keep |
Effective in 180 days |
||
|
July 8 |
Amends
Titles 7 (Banks and Banking) and 18 (Crimes and Offenses) regulating the
mortgage loan industry in terms of practice, licensure and penalties; and
providing for unlicensed mortgage loan activity. The bill adds a chapter on
mortgage loan industry licensing and consumer protection, which includes
license requirements and exceptions, mortgage loan business restrictions,
limitations and requirements and administrative and licensure provisions. |
Effective in 120 days |
||
|
July 8 |
Amends
the Loan Interest and Protection Law by adding that "residential
mortgage" means an obligation to pay a sum of money in an original bona fide
principal amount of the base figure or less, as evidenced by a security
document and secured by a lien upon real property located within the
Commonwealth containing two or fewer residential units or which two or fewer
residential units are to be constructed and shall include such an obligation
on a residential condominium unit. Defines "base figure" as
$217,873 as adjusted annually for inflation by the Department of Banking
through notice published in the Pennsylvania Bulletin. The bill also provides
the maximum lawful rate of interest would not apply to: an obligation to pay
a sum of money in an original bona fide principal amount of more than
$50,000; an unsecured, non-collateralized loan in excess of $35,000; or
business loans of any principal amount. The bill also provides for penalties
and authorizes the Department of Banking to examine documents and records to
determine if violations occurred. |
Effective in 60 days |
||
|
July 8 |
Amends
the Department of Banking Code further providing for general scope of
supervision and exercise of discretion by adding that the department may require
licensees to use and to pay processing fees for using a national electronic
licensing system in order to apply for or renew licenses; prohibiting
disclosure of certain information by adding that certain information relating
to a licensee may be disclosed to a person, corporation or government;
further providing for criminal history record information; and providing for
conduct of administrative proceedings relating to institutions and credit
unions. |
Effective immediately with exceptions |
||
|
July 8 |
Amends
the Real Estate Appraisers Certification Act further providing it would be
unlawful for anyone to do any of the following: (1) to hold himself out as a
state-certified real estate appraiser or to perform appraisals unless that
person holds a valid certificate from the board to perform real estate
appraisals; (2) to perform real estate appraisals in nonfederally related
transactions unless that person holds a valid certificate or license from the
board to perform real estate appraisals; or (3) to hold himself out as a real
estate appraiser or appraiser trainee without a valid certificate or license
from the board. Increases the size of the board from seven members to eleven
members and changes the composition of the board. The bill also creates an
appraiser trainee license, and provides for certification renewal. The bill
also adds that the board may levy a civil penalty of up to $10,000 on any
certificate holder or licensee who violates any provision of this act or any
noncertificate holder who holds himself out as a real estate appraiser
without being certified. |
Effective in 60 days |
||
|
July 8 |
Amends
the Housing Finance Agency Law further providing for notice and institution
of foreclosure proceedings, for content of notice requirements, for
assistance payments and for repayment; and requiring the agency to monitor
foreclosure activity and trends in PA and provide recommendations for
addressing any problems identified in this monitoring effort. The bill also
adds that the Housing Finance Agency would maintain an up-to-date list of
approved consumer credit counseling agencies for each county and publish the
list on the its website. |
Effective in 60 days |
||
|
July 9 |
Amends
the Public School Code, in preliminary provisions, further providing for
background checks of prospective employees and conviction of employees of
certain offenses and prohibiting certain regulations for the 2008-2009 school
year; in school finances, further providing for annual budget, additional or
increased appropriations and transfer of funds; in pupils and attendance,
providing for classroom placement of twins and higher order multiples and
parental discretion; in safe schools, further providing for Office for Safe
Schools, providing for policy relating to bullying, and further providing for
transfer of records; in educational support services and educational
assistance programs, further providing for Educational Assistance Program and
for definitions; in high schools, establishing the Virtual High School Study
Commission; in charter schools, further providing for requirements, for term
and form of charter, for facilities, for enrollment, for transportation and
for causes for nonrenewal or termination; in education empowerment, further
providing for board of school directors, for education empowerment districts
and for mandate waiver program; in community colleges, further providing for
financial program and reimbursement of payments; in disruptive student
programs, further providing for definitions and for applications; in System
of Higher Education, further providing for annual report; in educational
improvement tax credit, further providing for definitions, for tax credits
and for limitations and providing for State-related university reporting; in
school districts of the first class, further providing for board of public
education and additional duties; in funding for public libraries, providing
for State aid for fiscal year 2008-2009; in reimbursements by Commonwealth
and between school districts, further providing for definitions and for
funding for partnership schools, providing for basic education funding for
student achievement and for accountability to Commonwealth taxpayers further providing
for payments to intermediate units, for special education payments to school
districts, for Commonwealth reimbursements for charter and cyber charter
schools and for Pennsylvania accountability grants. |
Effective immediately |
||
|
July 9 |
Amends
the Insurance Company Law, in preliminary provisions, further providing for effect
of act on existing laws; in life insurance, further providing for additional
investment authority for subsidiaries; in casualty insurance, providing for
autism spectrum disorders coverage and for colorectal cancer screenings
coverage; in insurance holding companies, further providing for definitions,
for acquisition of control of or merger with domestic insurer, for
acquisitions involving insurers not otherwise covered and for standards and
management of an insurer within a holding company system; providing for
committee review; establishing the Insurance Restructuring Restricted Receipt
Account; providing for community health reinvestment; and making a related
repeal. |
Effective immediately with exceptions |
||
|
July 9 |
The
H2O PA Act provides for the allocation of previously un-allocated money in
the Pennsylvania Gaming Economic Development and Tourism Fund to the
Commonwealth Financing Authority for distribution towards water or sewer,
storm water, flood control and high hazard unsafe dam projects. For a
ten-year period no grants would be distributed for any project located in a
city or county of the first or second class ( |
Effective in 60 days |
||
|
July 9 |
The
Water and Sewer Systems Assistance Act would authorize the incurring of
indebtedness up to $400,000,000, with the approval of the electors, for the
acquisition, repair, construction, reconstruction, rehabilitation, extension,
expansion and improvement of water supply and sewage treatment systems.
Proceeds of borrowing would be used for grants and loans by the Pennsylvania
Infrastructure Investment Authority for projects. Proceeds from the bond may
be used for grants or loans to assist a public utility to acquire a small
sewer utility or small water utility if certain conditions are met. The bill
stipulates not more than $200,000,000 in grants would be awarded. The bill
also provides for the powers and duties of the Pennsylvania Infrastructure
Investment Authority. |
Effective immediately |
||
|
July 9 |
Amends
Title 34 (Game) defining "mounted specimen" as any game or
wildlife, or any portion or part thereof, prepared, preserved, arranged, set
up or posed in a life-like position or some other form of display, and
defining "safety zone" as the area within 50 yards around and that
area which is below the highest point of any occupied dwelling house,
residence or other building or camp occupied by human beings or any barn,
stable or other building used in connection therewith and the area within 150
yards around and that area which is below the highest point of any attached
or detached playground of any school, nursery school or day-care center, when
applied to properly licensed persons hunting with bow and arrow or crossbow,
and also to persons licensed for falconry. The bill also provides for buying
and selling game by stating that the section would not be construed to
prevent: (1) the purchase or sale of game raised under the authority of a
propagating permit in PA, (2) the capture and sale of game or wildlife after
securing a permit from the director and payment of any fees, (3) the sale of
the tanned, cured or mounted heads or skins, or parts thereof, of any game or
wildlife not killed in a wild in PA, (4) the sale or purchase of any inedible
part from game or wildlife lawfully killed, if the parts are disposed of by
the original owner within 90 days after the close of the season, and (5) the
sale of mounted specimens by any licensed auctioneer. |
Effective Immediately |
||
|
July 9 |
Amends
the Tax Reform Code further providing for an alternative special tax
provision for a poverty study, for contributions to breast and cervical
cancer research, and for a volunteer responder retention and recruitment tax
credit. The bill provides for applicability and duties of the department, and
rules governing the distribution of tax credits. |
Effective Immediately |
||
|
July 9 |
Amends
Title 34 (Game) providing for vouchers by stating that the commission may
make available vouchers that may be purchased on behalf of a third party. A person
purchasing a voucher would pay the costs for the type of license or permit
being purchased and the issuing agent fee. The voucher could only be redeemed
for the type of license or permit indicated on the voucher and for which the
applicable fees have been paid by the voucher purchaser. At the time of
redemption, the bearer of a voucher would establish that the bearer meets the
eligibility requirements for the type of license or permit indicated on the
voucher, and the issuing agent would secure positive proof of identification,
residency and age from the bearer. |
Effective in 60 days |
||
|
July 9 |
Amends
the Social Workers, Marriage and Family Therapists and Professional
Counselors Act providing for endorsement of out-of-State licenses by adding
that the board may issue a clinical social worker license, marriage and
family therapist license, or professional counselor license without
examination to an applicant holding such a license in another state who
submits proof satisfactory to the board that the applicant has meet certain
enumerated standards. The bill states that an applicant must complete at
least three years or 3,000 hours (decreased from 3,600) of supervised
clinical experience. The bill also provides title protection for the title
"social worker". |
Effective in 60 days |
||
|
July 9 |
Amends
the State Lottery Law by maintaining PACE and PACENET eligibility for senior
citizens whose income limit is exceeded due to a Social Security
cost-of-living adjustment as of December 31, 2007, and at the end of 2008 and
establishes an expiration date for these provisions on December 31, 2010. |
Effective Immediately |
||
|
July 9 |
The
Pennsylvania Climate Change Act states that the Department of Environmental
Protection would prepare and publish a report on the potential impact of
climate change in PA. The department may also evaluate the recommendations of
climate change action plans prepared by counties and municipalities within
PA. The report would identify the following: (1) Scientific predictions
regarding changes in temperature and precipitation patterns and amounts in PA
that could result from climate change, (2) The potential impact of climate
change on human health, the economy and the management of economic risk,
forests, wildlife, fisheries, recreation, agriculture and tourism in PA and
any significant uncertainties about the impact of climate change, and (3)
Economic opportunities for PA created by the potential need for alternative
sources of energy, climate-related technologies, services and strategies;
carbon sequestration technologies; capture and utilization of fugitive
greenhouse gas. The department would annually compile an inventory of
greenhouse gases emitted in PA by all sources. The bill would also create the
Climate Change Advisory Committee to advise the department regarding the
implementation of the provisions of this act. Within 15 months from the
effective date of this act and every three years thereafter, the department
would submit a climate change action plan to the Governor. Also, the DEP
Secretary would monitor the enactment of laws by the U.S. Congress to
determine whether any law has been enacted that establishes a program of
greenhouse gas inventory, registry or reporting requirements that are as or
more comprehensive than those in this act. |
Effective Immediately |
||
|
July 9 |
Amends
the Environmental Education Act to provide for the establishment of the |
Effective Immediately |
||
|
July 9 |
Amends
the Public Safety Emergency Telephone Act providing for interconnected Voice
over |
Effective in 120 days |
||
|
July 9 |
Amends
the CPA Law further providing for definitions, for State Board of
Accountancy, for general powers of the board, for examination and issuance of
certificate, for education requirements, for experience requirements;
providing for requirements for issuance of certificate; further providing for
certificates issued by domestic reciprocity and for certificates issued by
foreign reciprocity; providing for practice in this Commonwealth by
individuals under substantial equivalency, for practice outside this Commonwealth
under substantial equivalency; further providing for licenses to practice,
for licensing of firms, for peer review, for grounds for discipline, for
reinstatement, for ownership of working papers, for unlawful acts and for
acts not unlawful. |
Effective in 60 days |
||
|
July 9 |
Act
designating a portion of State Route 26 in Centre County as the Marine
Sergeant David "DJ" Emery, Jr. Highway; designating the bridge on
State Route 322 joining Clearfield and Centre Counties as the Veterans'
Memorial Bridge; designating a portion of State Route 850 in Marysville
Borough, Perry County, as the Army Private David E. Dietrich Memorial
Highway; and designating a portion of U.S. Route 322 in Centre County as the
Thomas D. Larson Memorial Highway. |
Effective in 60 days |
||
|
July 9 |
Amends
the Conservation District Law further providing for declaration of policy by designating
conservation districts as the primary local government unit responsible for
the conservation of natural resources and to authorize conservation districts
to work in close cooperation with landowners, agencies and government units;
for the State Conservation Commission by placing it under the concurrent
jurisdiction of the Departments of Environmental Protection and Agriculture
and outlining the duties of the departments and commission; the legislation
further provides for the membership of the commission, for creation of
conservation districts, for designation of district directors, for
appointment, qualifications, compensation and tenure of directors, for
organization of directors, for powers of districts and directors, for
Commonwealth agencies to cooperate and for discontinuation of districts by
stating districts would continue for four years (increased from two) upon
discontinuance of the district; and makes a repeal. |
Effective in 60 days |
||
|
July 9 |
Amends
Title 53 (Municipalities Generally) in general provisions providing for form of
oaths of office by adding that whenever an elected or appointed official of a
municipality is required to take, subscribe or file an oath or affirmation of
office, the oath or affirmation would be as follows: "I do solemnly
swear (or affirm) that I will support, obey and defend the Constitution of
the United States and the Constitution of this Commonwealth and that I will
discharge the duties of my office with fidelity." The bill also provides
for hotel room rental by authorizing county commissioners of |
Effective in 60 days |
||
|
July 9 |
Amends
the State Board of Vehicle Manufacturers, Dealers and Salespersons Act,
providing for licensing costs to be charged by a dealer for fees associated
with titling and registering a vehicle. The fees may include messenger fees;
notary fees; electronic transaction fees; fees for preparing and completing
documents related to taxes paid by a vehicle purchaser; and for any fees
associated with preparing any other information on the vehicle's title and
registration. The provisions apply whether the buyer intends to title and
register the vehicle in |
Effective Immediately |
||
|
July 10 |
The
Biofuel Development and In-State Production Incentive Act provides that all
diesel fuel offered for sale to ultimate consumers in PA must contain at
least 2% biodiesel by volume one year after the in-state production volume of
40,000,000 gallons of biodiesel has been reached and sustained for three months,
as determined by the department. Further, after in-state production volume of
100,000,000 gallons of biodiesel has been reached and sustained, the minimum
percentage rises to 5%. At 200,000,000 gallons, the percentage would be 10%,
and at 400,000,000 gallons it would be 20%. The bill provides for
applicability of standards, coal-to-liquids substitution, renewable diesel
substitution, cellulosic ethanol content in gasoline, compliance and reports. |
Effective in 90 days |
||
|
July 10 |
Amends
the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and
Keystone Opportunity Improvement Zone Act defining "unoccupied
parcel"; providing for extensions for unoccupied parcels, for fifteen
additional keystone opportunity expansion zones, for substitution of parcels
outside a subzone and for payments; prohibiting illegal alien labor in zones;
and further providing for sales and use tax by exempting sales of services or
tangible personal property to a construction contractor with a construction
contract with a qualified business, landowner or lessee; providing for
corporate net income tax and for local earned income net profits taxes, local
sales and use tax and business privilege taxes. The department may approve an
application to extend the exemptions, deductions, abatements and credits for
a parcel in a keystone opportunity zone, keystone opportunity expansion zone
or keystone opportunity improvement zone that is an unoccupied parcel, for a
period of seven years from the expiration date of the zone or for a period of
ten years from the date of occupancy, provided that the parcel is occupied on
or before December 31, 2015. A political subdivision or its designee may
apply for an expansion to add up to 15 acres of deteriorated property to an
existing keystone opportunity expansion zone, keystone opportunity improvement
zone or a subzone of a keystone opportunity zone for parcels that are
contiguous to the existing zone or subzone. |
Effective in 60 days |
||
|
July 11 |
Amends
the Community and Economic Improvement Act authorizing a |
Effective immediately |
||
|
Sept. 25 |
Amends
Titles 42 (Judiciary and Judicial Procedure) and 44 (Law and Justice)
imposing a central or regional booking fee on criminal convictions to fund
the start-up, operation or maintenance of a central or regional booking
center; providing for a countywide booking center plan; providing for
definitions of "board" and "department"; further
providing for composition of the Pennsylvania Commission on Sentencing, for powers
and duties and for adoption of guidelines for sentencing; providing for
adoption of guidelines for resentencing, adoption of guidelines for parole
and adoption of recommitment ranges following revocation of parole by the
Pennsylvania Board of Probation and Parole; further providing for publication
of guidelines, for sentencing generally, for sentence of total confinement,
for sentencing proceeding and place of confinement and for information
required upon commitment and subsequent disposition and for referral to State
intermediate punishment program; providing for work release or other court
order and for recidivism risk reduction incentive; and making a related
repeal. |
Effective 60 days with exceptions |
||
|
Sept. 25 |
Amends
the Prisoner Transfer Law for adult prisoners further providing for transfer
of inmates by adding that the Department of Corrections would temporarily
transfer an inmate confined in the State correctional system to a State
correctional institution determined by the Department to be of an appropriate
security level that is nearest to the location of the judicial proceeding.
The Department of Corrections may require a county to pay the reasonable cost
of transportation between State correctional facilities if a court of that
county has requested a temporary transfer. The county reimbursements for
transportation costs would be automatically reappropriated to the Department
of Corrections. This section would not be construed to authorize a court to
designate a particular place of confinement or the length of confinement in
the temporary correctional institution. |
Effective in 120 days |
||
|
Sept. 25 |
Amends
the PA Board of Probation and Parole Law further providing for intent, for
business of the Pennsylvania Board of Probation and Parole, for powers and
duties of the board by adding that the board would have the duty to provide
information as requested by the PA Commission on Sentencing, for duties of
the chairman of the board by adding that the chairman would be responsible
for the management and administration of the board, for supervision of parole
and probation, for power to parole by adding that the powers would not extend
to those persons committed to county confinement within the jurisdiction of
the court, adding that a court may parole a person committee to county
confinement within the jurisdiction of the court, for commission of crime
during parole and for victim of the offense. The bill states that in each
case where the board deviates from the established guidelines, the board must
provide a written statement of the reason for the deviation to the PA
Commission on Sentencing. The bill provides for administrative parole and for
recommitment, and for pre-parole statements. |
Effective in 60 days |
||
|
Sept. 25 |
Amends
the act entitled "An act authorizing courts of record to remove convicts
and persons confined in jails, workhouses, reformatories, reform or
industrial schools, penitentiaries, prisons, houses of correction or any
other penal institutions, who are seriously ill, to other institutions; and
providing penalties for breach of prison," further providing for removal
of certain convicts who are seriously ill. The bill states a prisoner who is
committed to the custody of the Department of Corrections, the department,
the prisoner or a person to whom the court grants standing to act on behalf
of the prisoner may petition the sentencing court to temporarily defer service
of the sentence of confinement and temporarily remove the prisoner for
placement in a hospital, long-term nursing care facility or hospice care
location. The bill outlines the procedure for such a petition. The bill
requires electronic monitoring by department for all early release prisoners.
The bill also provides for prisoners not committed to the department but
otherwise confined and for notice to the facility in which a prisoner would
be placed. |
Effective in 60 days |
||
|
Sept. 25 |
Amends
Title 51 (Military Affairs) by stating the department would have the power to
arrange for burial details for veteran soldiers who are to be interred at the
|
Effective Immediately |
||
|
Sept. 25 |
Act
authorizing the Department of Transportation, with the approval of the
Governor, to grant and convey to the Philadelphia Redevelopment Authority a
tract of land situate in the City of |
Effective Immediately |
||
|
Oct. 8 |
The
Public Health Child Death Review Act states the Department of Health would
establish the Public Health Child Death Review Program to facilitate State
and local multiagency, multidisciplinary teams to examine the circumstances
surrounding deaths in PA for the purpose of promoting safety and reducing
child fatalities. The Department of Health, in cooperation with the State
Public Health Child Death Review Team would assist in the establishment of
local public health child death review teams, coordinate the collection of
child death data, and review reports and statutes, among other duties. The
bill provides for the establishment and composition of the state and local
teams. Local Public Health Child Death Review Teams would review all deaths
of children, collect data, and submit annual reports to the state team. The
bill provides for access to records and confidentiality. |
Effective in 90 days |
||
|
Oct. 8 |
Amends
Title 53 (Municipalities Generally) restricting municipalities from
regulating amateur radio service communications by adding that no
municipality may adopt an ordinance, regulation or plan or take any other
action that precludes amateur radio service communications or that in any
other manner does not comply with the limited preemption of the federal
communications commission amateur radio preemption order. Any ordinance or
regulation adopted by a municipality involving the placement, screening or
height of an amateur radio antenna based on health, safety or aesthetic
considerations must reasonably accommodate amateur radio service
communications and represent the minimum practicable regulation to accomplish
the municipality's legitimate purpose which would include a clearly defined
health, safety or aesthetic objective of the municipality. |
Effective in 60 days |
||
|
Oct. 8 |
Amends
the Auctioneer and Auction Licensing Act further providing for auctioneer and
apprentice auctioneer licenses. The legislation provides for the registration
of trading assistants, which is defined as individuals who, for a commission
or fee, conduct or intend to conduct a business within PA of accepting
personal property to sell on behalf of another through an online internet
bidding platform. The terms "auction" or "sale at
auction" would exclude any sale conducted through an online bidding
platform. It would be unlawful for any individual to act as a trading assistant
for a sale conducted by competitive bidding without either first registering
with or obtaining licensure from the board. Registration is required on a
biennial basis and would require payment of a $100 fee. Every auctioneer or
trading assistant would be required to provide a written receipt for all
transactions and receipts must be retained for at least two years. The
legislation makes various editorial updates to the act to reflect the trading
assistants and provides for penalties. |
Effective in 60 days |
||
|
Oct. 8 |
Amends
the Board of Vehicles Act creating a definition for "recreational vehicle
shows, off-premise sales, exhibitions and rallies". Adds a new
subsection subjecting an out-of-State dealer to discipline for violating |
Effective in 60 days |
||
|
Oct. 8 |
The
Acupuncturist Licensure Act amends the Acupuncture Registration Act by providing
the right to practice acupuncture by requiring the registration of
acupuncturists. The bill includes disciplinary and corrective measures for
unlawful practice of acupuncture. |
Effective in 60 days |
||
|
Oct. 8 |
Amends
the Municipal Police Pension Law further providing for applicability of
certain benefit provisions for certain beneficiaries by adding that the
surviving spouse of a member of the police force or a former member of the
police force who, prior to April 18, 2002, retired on pension and dies
subsequent to retirement or who, after April 16, 2002, retires on pension and
dies subsequent to retirement, would be entitled to receive a pension of no
less than 50% of the pension the member was receiving at the time of death.
The bill also provides for legislative intent and makes related repeals. This
legislation would be retroactive to April 17, 2002. |
Effective Immediately |
||
|
Oct. 8 |
Amends
Title 35 (Health and Safety) creating an intrastate mutual aid system to
provide for mutual assistance among the participating political subdivisions in
the prevention of, response to and recovery from threats to public health and
safety that are beyond the capability of an affected community to respond.
All political subdivisions within PA would be a part of the system unless the
political subdivision elects not to participate by enacting a resolution
declaring their desire not to participate and by submitting a copy of the
resolution to PEMA and to its county emergency management agency. The bill
further provides for mutual cooperation among the participating subdivisions
in conducting exercises, test or other training activities. It also
establishes the Intrastate Mutual Aid Committee providing for its duties and
membership, would based on recommendations made by the organizations
represented. |
Effective Immediately |
||
|
Oct. 8 |
Act
authorizing the Pennsylvania Fish and Boat Commission to grant and convey to
Solebury Township, certain lands situate in Solebury Township, Bucks County;
and authorizing the Department of General Services, with the approval of the
Governor, to convey a certain easement in the City of Philadelphia. |
Effective Immediately |
||
|
Oct. 8 |
Act
repealing the act entitled "An act to incorporate and endow an academy
or public school in the town of |
Effective in 60 days |
||
|
Oct. 8 |
The
Highway-Railroad and Highway Bridge Capital Budget Supplemental Act for
2008-2009 itemizes additional local and State bridge projects. |
Effective Immediately |
||
|
Oct. 9 |
The
Mercury-Free Thermostat Act prohibits the sale, installation and disposal of
mercury thermostats. Manufacturers of mercury thermostats sold in PA would be
required to establish and maintain a department-approved collection and
recycling program for out-of-service mercury thermostats from wholesalers,
contractors and retailers, service technicians and homeowners. The bill
provides for wholesaler and retailer participation and requires the
Department of Environmental Protection to provide education and outreach.
Each manufacturer with an approved collection and recycling program would
annually report to the department. The bill provides for penalties. |
Effective in 60 days |
||
|
Oct. 9 |
Amends
Titles 23 (Domestic Relations) and 42 (Judiciary) further defining
"hearing officer"; replacing the title "bail
commissioner" with "arraignment court magistrate"; increasing
the number of judges in the courts of common pleas for the 3rd, 9th, 12th,
19th, 32nd, 38th, 39th, 45th, 51st, and 56th districts, for the course of
instruction and examination for certain minor judiciary and for subpoena; and,
in registration of sexual offenders, further providing for registration. The
bill provides for the minor judiciary education board by adding that the
members would be appointed by the Supreme Court and reducing the terms of
office to three years. The bill further provides for subpoena by stating that
a copy of the subpoena requiring attendance and testimony of a witness who is
under 18 years of age would be issued to the parent, guardian or other
custodian of the witness in addition to the issuance of the subpoena for the
witness. |
Effective immediately with exceptions |
||
|
Oct. 9 |
Amends
the Main Street Act further providing for the Main Street Program by stating
that the program would include downtown reinvestment grants for
infrastructure and structural improvements within the established commercial
downtown, including streets, streetlights, trees, housing, commercial and
residential facades and sidewalks or other pedestrian-oriented features, and
plans for marketing and promoting residential opportunities within the Main
Street area. |
Effective in 60 days |
||
|
Oct. 9 |
The
Crane Operator Licensure Act would establish the State Board of Crane
Operators within the Department of State. Composition of the Board, its
operation and powers and duties are further provided for in the legislation.
An individual may not operate a crane unless licensed by the board. For
purposes of acquiring the experience necessary to obtain certification, a
trainee who has passed a written examination of the national commission for
the certification of crane operators or of a national association deemed
equivalent by the board may operate a crane when under the immediate
supervision of a crane operator. A license would only be valid in conjunction
with certification and only in the specialty for which the crane operator is
certified. The bill provides for a license without certification in certain
circumstances. A license would be issued on a biennial basis. The bill
provides for fines and penalties for violations and for revocation and
suspensions of licenses. $85,000 would be appropriated to the department for
the administration of this act. Within 18 months of the effective date of the
bill, the board would have to promulgate regulations to carry out the act. |
Effective immediately with exceptions |
||
|
Oct. 9 |
Amends
Title 34 (Game) establishing procedures for the auction of a license to hunt
one elk. The contracted organization would retain no more than 20% of the proceeds
from the auction and report annually to the commission on the use of the
proceeds from the auction. The remaining proceeds from the auction would be
used by the commission for the elk program in addition to any other funds
available to the commission for that purpose. These provisions would expire
July 1, 2013. |
Effective in 60 days |
||
|
Oct. 9 |
The
Prohibition of Excessive Overtime in Health Care Act states that a health
care facility may not require an employee to work in excess of an agreed to,
predetermined and regularly scheduled daily work shift. This would not be
construed to prevent an employee from voluntarily accepting work in excess of
these limitations. The bill states a health care facility or employer may not
use on-call time as a substitute for mandatory overtime or a means of
circumventing the intent of this act. The refusal of an employee to accept
work in excess of the limitations set in this bill would not be grounds for
discrimination, dismissal, discharge or any other employment decision adverse
to the employee. The bill provides for and defines "unforeseeable
emergent circumstances." |
Effective immediately with exceptions |
||
|
Oct. 9 |
Amends
the Real Estate Appraisers Certification further providing for real estate
appraiser certification required by adding that it is unlawful to hold oneself
out as a state-certified real estate appraiser without an appropriate current
and valid certification. The bill also provides for applications,
certifications and exams, and for the renewal of certification and licensure. |
Effective in 60 days |
||
|
Oct. 9 |
Amends
Title 23 (Domestic Relations) providing for grading of the offense of willful
failure to pay support order. The offense would be graded as a misdemeanor of
the third degree if the individual convicted of the offense established
residence outside this commonwealth with the intention of not complying with
the support order and the offense is a second or subsequent offense or the
individual owes an amount equal to or greater than 12 months of the monthly
support obligation. An individual convicted of an offense under this section
who is apprehended outside of PA would, in addition to any other sentence
imposed, be sentenced to pay the costs and expenses of rendition. |
Effective in 60 days |
||
|
Oct. 9 |
Amends
Title 53 (Municipalities Generally) further providing for powers and duties of
the Municipal Police Officers' Education and Training Commission by removing
the authority to determine that a police officer has engaged in prohibited
political or campaign activity. The bill also provides for police training by
adding that if a police officer is unable to attend in-service training due
to service in the military or National Guard or as a result of injury
sustained in service as a police officer, the officer's employer would
request a waiver. A police officer whose employer fails to request a waiver
would not be decertified unless, upon return to service, the officer fails to
participate in such in-service training as the commission deems appropriate. |
Effective in 60 days |
||
|
Oct. 9 |
Amends
the PA Construction Code Act defining "council," establishing the
Uniform Construction Code Review and Advisory Council; and further providing
for revised or successor codes, and for training of inspectors. The Council
would be charged with gathering information from municipal officers, building
code officials, construction code officials, licensed design professionals,
builders and property owners concerning issues with the Uniform Construction
Code and evaluating this information in order to give recommendations to the
Governor, Labor and Industry Committees in the Senate and House, the
Secretary of Labor and Industry, President Pro Tempore of the Senate, Speaker
of the House and the Code Development Councils of the |
Effective immediately |
||
|
Oct. 9 |
Amends
the Motor Vehicles Chop Shop and Illegally Obtained and Altered Property Act
by changing the definition of "chop shop" to include motor vehicles
that are "illegally obtained by theft, fraud or conspiracy to
defraud" instead of merely by illegal activity. |
Effective in 60 days |
||
|
Oct. 9 |
Amends
Title 40 (Insurance) by defining "clinical social work services,"
and amending the definitions of "health service doctor" and
"professional health services," and including clinical social work,
occupational therapy, licensed clinical social workers, licensed marriage and
family therapists, licensed occupational therapists, and licensed
professional counselors under the scope of service. |
Effective in 120 days |
||
|
Oct. 9 |
Amends
Title 42 (Judiciary), in juvenile matters, adding definitions; further
providing for notice and hearing, for other basic rights and for
adjudications of juveniles. The bill outlines provisions for permanency
hearings, stating that prior to a hearing a child's foster parent or there
person providing care may submit a report in regard to the child's
adjustment, progress and condition. The county agency would notify the foster
parent of the right to submit a report. The report would be reviewed by the
court and is subject to review by other persons and agencies. No retaliatory
action may be taken against a foster parent for any information provided in
good faith in the report. Additionally, the bill states no statements or
confessions made obtained from a child in the course of a screening or
assessment may be used as evidence against the child on the issue of whether
the child committed a delinquent act. |
Effective in 60 days |
||
|
Oct. 9 |
The
Uniform Municipal Deed Registration Act states that any requirement that a
deed or conveyance be registered with a municipality must be satisfied by
certain registration requirements. A municipality would not require that
registration of a deed be made prior to the recordation of the original deed
with the recorder of deeds. The bill also provides for registration by an
owner or agent. Also, the municipality and the recorder of deeds may enter
into an agreement whereby the recorder of deeds would compile and
electronically transmit to the municipality or otherwise provide the
municipality with electronic access to information regarding conveyances of
real property. Lastly, the bill states that for the purpose of maintaining
its registry, a municipality may charge a reasonable fee, not to exceed $10
per deed. |
Effective in 60 days |
||
|
Oct. 9 |
Amends
Title 18 (Crimes and Offenses) further providing for theft of leased property
by adding that a "written demand to return the property is
delivered" when it is sent simultaneously by first class mail, evidenced
by a certificate of mailing, and registered or certified mail to the address
provided by the lessee. The bill also provides for disclosure of contents and
for expiration of chapter in wiretapping and electronic surveillance. The
bill provides for exceptions related to the disclosure of contents and
records, for reimbursement, and jurisdiction. |
Effective Immediately with exceptions |
||
|
Oct. 9 |
Act
designating a section of US Route 15 in Tioga Township, Tioga County, as the
Senator Roger A. Madigan Highway; designating the bridge on State Route 655 on
Main Street, Belleville, Union Township, Mifflin County, as the Curt Zook
Memorial Bridge; designating the Newtown 413 Bypass as the Officer Gregg
Memorial Bypass; and designating the Walnut Street Bridge in the City of
Johnstown, Cambria County, as the Martin Luther King, Jr., Memorial Bridge. |
Effective in 60 days |
||
|
Oct. 9 |
The
Scrap Material Theft Prevention Act requires scrap processors and recycling
facility operators to collect certain identifying information relating to the
purchase of scrap material; requires commercial accounts; and restricts scrap
processors and recycling facility operators from purchasing certain materials
from individuals. Scrap processors would be required to develop methods for
tracking transactions and hold any materials that may be stolen, as directed
by law enforcement. A scrap processor and recycling facility operator may
purchase the following scrap material only if the purchase occurs with a
commercial enterprise: (1) new production scrap or new materials that are a
part of a manufacturing process that are being sold by an individual, not a company;
(2) full sized, new materials, such as those used in construction, or
equipment and tools used by contractors; (3) commercial metal property; (4)
metallic wire that has been burned in whole or in part to remove insulation,
unless the aggregate value is less than $100; (5) beer kegs; or (6) detached
catalytic converters. The bill provides for law enforcement and penalties. |
Effective in 60 days |
||
|
Oct. 9 |
The
Long-Term Care Patient Access to Pharmaceuticals Act authorizes a pharmacist
employed by or contracted with a long-term care facility to dispense a drug acquired
from a drug source facility outside the long-term care facility to a patient
of a long-term care facility. Only individuals eligible for benefits provided
by the Veterans' Administration would be eligible for the program. The
pharmacist would repackage, relabel and dispense the drug in a unit dose if
all of the following conditions are met: (1) the drug is obtained from a drug
source facility; (2) there is a prescription for the drug; (3) the prescriber
has signed a form authorizing the long-term care facility to administer a
drug from a drug source facility outside the long-term care facility; (4) the
patient has signed a form authorizing the long- term care facility to
administer a drug from a drug source facility outside the long-term care facility
and provided payment information for payment of the related fees to the
pharmacy; (5) the nursing facility attending physician has issued an order
continuing the patient's medical regime; (6) the repackaging is in compliance
with the Food and Drug Administration, the United States Pharmacopeia and the
long-term care facility's policies and procedures; and (7) the Veterans'
Administration provides the drug directly to the long-term care pharmacy in
the patient's name and with certain information in preparation for the
repackaging and relabeling. A person authorized to dispense a drug may charge
a reasonable fee to repackage and relabel the drug. Fees charged may not
exceed the maximum dispensing fee authorized by the Department of Public
Welfare under the Medical Assistance Program. For each drug dispensed, the
pharmacist and long-term care facility must maintain certain records for at
least two years. The bill provides for civil liability and unprofessional
conduct. |
90 days after appearance in PA Bulletin |
||
|
Oct. 9 |
Amends
the Elm Street Program Act by stating that basic grants may be provided for
up to five additional years beyond the current five years if approved by the
department. The bill also adds that the department would adopt guidelines to
authorize municipalities to reestablish an |
Effective in 60 days |
||
|
Oct. 9 |
Amends
Title 18 (Crimes and Offenses) further providing for desecration, theft or
sale of venerated objects. The legislation adds that a person commits a
misdemeanor of the second degree if he intentionally receives, retains or
disposes of a veteran's marker or item decorating a veteran's grave knowing
that the item has been stolen, or believing that it has probably been stolen,
unless it has been received, retained or disposed of with the intent to
return it to the owner |
Effective in 60 days |
||
|
Oct. 9 |
The
Debt Management Services Act provides for the licensure of persons providing
debt management services with the Department of Banking, with exceptions. The
bill provides for application information, for penal bonds, for duration of
licenses, for conditional licenses, for continuing education and other
requirements. The bill delineates valid reasons for refusal, and rules
governing debt management services. |
Effective in 120 days |
||
|
Oct. 9 |
The
Massage Therapy Law establishes a State Board of Massage Therapy, consisting
of eleven members tasked to regulate massage therapy in the state, examine licenses
of massage therapists, and conduct complaint hearings among other
responsibilities. The bill stipulates qualifications for licensure, provides
for renewal, lays out fees, and provides for professional examinations. Funds
necessary for the payment of costs associated with processing licenses and
renewing licenses, for the operation of the board and for other costs
associated with this act would be transferred from the Professional Licensure
Augmentation Account to the department. Also provides licensure would not
constitute eligibility for insurance reimbursement. |
Effective immediately with exceptions |
||
|
Oct. 9 |
Amends
the Dog Law further providing for definitions, for issuance of dog licenses,
for applications for dog licenses, for license certificates, for kennels, for
requirements for kennels, for out-of-State dealer license, for bills of sale,
for revocation, suspension or refusal of kennel licenses, for transportation
of dogs, for health certificates for importation, for inspections of premises
and dogs and for additional duties of department; providing for refusal of
entry and for the Canine Health Board; further providing for seizure and
detention of dogs, for confinement of dogs, for dog bites, for registration,
for certain requirements, for control of dangerous dogs, for public safety,
for selling, bartering or trading dogs, for damages caused by coyotes, for
burdens of proof, for enforcement, for rules and regulations and for
violations; provides for an appeal process; providing for exemption; further
defining "releasing agency"; and making editorial changes. |
Effective immediately with exceptions |
||
|
Oct. 9 |
Amends
the Health Care Facilities Act further providing a timeline for the
promulgation of proposed and final regulations for the licensure and
operation of small residential hospices with 22 or fewer beds. |
Effective immediately |
||
|
Oct. 9 |
Amends
the Underground Utility Line Protection Law providing for duties of facility
owners by adding that a facility owner may identify the location of a known
facility connected to its facilities, but not owned or operated by the
facility owner, as a helpful guide to the excavator or owner. |
Effective immediately |
||
|
Oct. 9 |
Act
designating the bridges on State Route 830 over Interstate 80 in |
Effective in 60 days |
||
|
Oct. 9 |
Amends
the Pennsylvania Occupational Disease Act by adding that every person qualified
for additional compensation would be paid further compensation of $50 per
month during the period of disability. |
Effective July 1, 2009 |
||
|
Oct. 9 |
The
Diesel-Powered Motor Vehicle Idling Act provides for idling restrictions on
diesel-powered motor vehicles and imposes a penalty. The bill states no
driver or owner of a diesel-powered motor vehicle with a gross weight of
10,001 pounds or more engaged in commerce may cause and no owner or operator
of the location where the vehicle loads, unloads or parks may allow the
engine of the vehicle to idle for more than five minutes in any continuous
60-minute period. The bill provides for exceptions. The idling restriction
would not apply to a diesel-powered motor vehicle that exhibits a label
issued by the California Air Resources Board showing that the vehicle's engine
meets the optional NOx idling emission standard. Revenue collected from fines
for violations of this act would be placed in the Clean Air Fund, except when
prosecution of an offense is the result of local police action half of the
funds would be paid to the municipal corporation under which the local police
are organized. |
Effective in 120 days |
||
|
Oct. 9 |
Amends
Title 64 (Public Authorities and Quasi-Public Corporations) further providing
for the definitions of "commercial lending activities" and
"commercial lending institutions" and for the First Industries
Program. Provides $500,000 of private funds must be invested in a qualifying
project. The bill states that the guarantee may not exceed 90% of the
outstanding principal amount of the loan to assist with the financing of a
project related to agriculture and the amount of a guarantee would be set at
the discretion of the board based upon its determination of the potential
financial risk to the commonwealth. The guarantee would be subject to a
one-time fee of 2% of the amount of the loan multiplied by the percentage of
the guarantee. A Farm Credit Institution under the Farm Credit Act would only
be permitted to participate in the First Industries Program and may not
participate in any other program established under this title. The Farm
Credit Institution would sunset June 30, 2011. The Department of Community
and Economic Development would annually report to the legislature. |
Effective in 60 days |
||
|
Oct. 9 |
Amends
The Second Class Township Code further providing for public roads by adding
that in any proceeding relating to certain roads declared public roads, any
relevant oral or documentary evidence of public travel or maintenance and
repairs by the township would be considered, including maps or surveys,
evidence concerning the distribution of government funds to the township
pursuant to the Liquid Fuels Tax Municipal Allocation Law, approved documents
containing a designation, evidence that the road is an extension from a
public road, or court orders. The frequency of use of a road may be
considered relevant in any proceeding, but, in the absence of additional
findings on the purpose of such use, would not alone be sufficient to
establish that the road has been used for public travel. The condition or
sufficiency of the road surface for public travel may be considered relevant
in any proceeding, but, absent additional findings of actual public
maintenance and repair, would not alone be sufficient to establish maintenance
and repair by the township. |
Effective immediately |
||
|
Oct. 9 |
Amends
Titles 23 (Domestic Relations) and 51 (Military Affairs) providing for
protection of deployed members of the Pennsylvania National Guard and reserve
components in child custody arrangements by adding that if a petition for
change of custody of an eligible servicemen is filed while the service member
is deployed, no court may enter an order modifying or amending any previous
judgment or order, or issue a new order, that changes the custody arrangement
for that child, except that a court may enter a temporary custody order if it
is in the best interest of the child. Upon return of the service member, the
custody order that was in before deployment would be reinstated. The bill
provides for exclusions when in the child's best interest. |
Effective in 60 days |
||
|
Oct. 9 |
The
Highway Capital Budget Project Itemization Act of 2008-2009 provides for the
highway capital budget project itemization for the fiscal year 2008-2009.
Total authorization for capital projects is $4,716,904,000. |
Effective immediately |
||
|
Oct. 15 |
Amends
Title 66 (Public Utilities) defining "bilateral contract" and
"default service provider"; requiring the PUC to adopt a program
for energy efficiency and conservation; further providing for duties of
electric distribution companies; and providing for procurement. The Public
Utility Commission would be required to adopt a program to require elective
distribution companies to adopt and implement cost-effective energy
efficiency and conservation plans to reduce energy demand and consumption.
Electric distribution companies would have to develop and implement energy
efficiency and conservation plan, which would be approved by the PUC.
Additionally, the bill outlines requirements for electric distribution
companies to reduce consumption by at least 2.5% by May 31, 2013. The
reductions would be measured against the company's expected load as
forecasted by the PUC. Companies would be required to reduce peak demand by
4% by May 31, 2013. Each electric distribution company would annually report
to the PUC relating to the results of the energy efficiency and conservation
plan. In no case would decreased revenues of an electric distribution company
due to reduced energy consumption or changes in energy demand be considered a
recoverable cost. The bill also outlines the obligation of default service
providers to provide service following the expiration of generation rate
caps. Electric power would be procured via auctions, requests for proposal
and bilateral agreements and include a mix of spot market purchases,
short-term contracts and long-term contracts. The default service provider
would file a plan for competitive procurement with the PUC, which must be
approved by the PUC. The bill stipulates lengths for long-term purchase
contracts, and maximum limits for civil penalties. Additionally, electric
distribution companies would be required to file a smart meter technology
procurement and installation plan and furnish smart meter technology upon
request of a customer that agrees to pay the cost, in the construction of a
new residence or building, or in accordance with a schedule of replacement.
Lastly, a default service provider is required to submit to the PUC proposed
time-of-use rates and real-time price plans. |
Effective in 30 days |
||
|
Oct. 15 |
Amends
the Local Tax Enabling Act further providing for delegation of taxing powers
and restrictions by clarifying that leases and lease transactions are not subject
to taxation. Further provides for the levying of the mercantile or business
privilege tax. Transfers the Optional Occupation Tax Elimination Act and
further provides for definitions, earned income tax rate limits, for
resolutions and for binding referendums. Also provides for the applicability
of income tax on personal income. In addition, the bill repeals the Optional
Occupation Tax Elimination Act and provisions of the Taxpayer Relief Act. |
Effective
immediately |
||
|
Oct. 17 |
Amends
Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure)
further providing for sentence for murder and murder of an unborn child, for
the homicide of a law enforcement officer, for assault on a law enforcement
officer, for false reports to law enforcement authorities by adding that if
the false report relates to a firearm the offense would be graded one step
greater; providing for persons not to possess, use, manufacture, control,
sell or transfer fire arms by adding to the list of enumerated offenses;
providing for emergency prohibitions by limiting seizure to instances that
would be authorized absent the emergency; providing for licenses by adding
that persons on active duty would have 90 days after the end of deployment to
renew a license; providing for temporary emergency licenses; providing for possession
with altered manufacturer's number by increasing the grading of the offense;
providing for sale or transfer by requiring the purchaser to be asked a
question regarding if the purchaser is the actual buyer; providing for
registration; further providing for limitation of actions; and abrogating a
regulation. The bill stipulates a conviction of first degree murder of a law
enforcement officer carries a sentence of death or life in prison, while a
conviction of second degree murder of a law enforcement officer carries a
sentence of life in prison. Further, the mandatory minimum sentence for
murder of a law enforcement officer where serious bodily injury results is
set at 40 years. The bill includes other sentences for offenses committed
against law enforcement officers. The bill also provides for firearm license
applications, for challenges, and for the establishment of the Straw Purchase
Prevention Education Program. The program's objective, and the powers and
duties of the Attorney General are outlined, and a fund established for
carrying out the directives of the bill. |
Effective
immediately with exceptions |
||
|
Oct. 17 |
The
Home Improvement Consumer Protection Act states that no person would hold
himself out as a contractor nor would a person perform any home improvement
without first registering with the Bureau of Consumer Protection in the
Office of Attorney General. The bill states that the bureau would maintain a
toll-free telephone number from which a caller can obtain information as to
whether a contractor is registered with the bureau. The bill outlines the
procedures for registration as a contractor, and requires that each
application for a certificate for a home improvement contractor or renewal of
that certificate would be accompanied by a $50 fee, and would be renewed on a
biennial basis. After completion of the application and payment of the fee,
the bureau would issue the home improvement contractor a registration
certificate identifying the name of the individual contractor, name and
address of the business and a registration number. The legislation also
outlines the requirements in home improvement contracts. The bill provides
for the offense of home improvement fraud and provides for penalties.
Registration under this act would preclude any requirement of payment of a
fee or registration of any home improvement contractor by any political
subdivision. Provides an exemption for contractors who have earned less than
$5,000 the previous taxable year. Also provides for private residences that
are owned and used for personal recreational purposes; provides that the
bureau cannot disclose a contractor's driver's license number, Social
Security number or other confidential information; as a part of the
application process, businesses would be required to provide their FEIN number,
Social Security number, and all prior names and addresses of home improvement
businesses; clarifies that contractors must disclose to the bureau if they
have been barred from participating in any federal, state or local program if
the funding was public funding and also includes non-profits; requires the
home improvement registration number be on all advertisements; requires the
toll-free Consumer Bureau hotline to be on the contract along with
information on the owner's right of rescission; requires AOPC to report any
suspension or revocation of certificate ordered by the court; includes that a
business cannot change its name, address, liability insurance or other
identifying information in a fraudulent manner without notifying the owner in
writing within ten days; and provides that local regulations adopted
regarding liability insurance are not preempted by these registration
requirements. Political subdivisions would be permitted to require building
permits and local enforcement of the building code for that political
subdivision, for which a reasonable fee may be charged. |
Effective
July 1, 2009 |
||
|
Nov. 26 |
Amends
Title 75 (Vehicles), in general provisions, further providing for
definitions; in registration of vehicles, further providing for issuance and
reissuance of registration plates and for lost, stolen, damaged or illegible
registration plate; in licensing of drivers, further providing for issuance
and content of driver's license; in commercial drivers, further providing for
definitions for requirement for commercial driver's license, for commercial
driver's license qualification standards and for disqualification; in fees,
further providing for exemptions from other fees; in rules of the road in
general, further providing for speed timing devices; in inspection of
vehicles, further providing for inspection by police or Commonwealth
personnel; in size, weight and load, further providing for securing loads in
vehicles, for height of vehicles and for permit for movement during course of
manufacture; in powers of department and local authorities, further providing
for promulgation of rules and regulations by department; and in snowmobiles
and all-terrain vehicles, further providing for definitions. |
Effective
in 60 days |
||
|
Nov. 26 |
Amends
Title 18 (Crimes and Offenses) further providing for expungement by adding
that criminal history may be expunged when the individual who is the subject
of the information, petitions the court for the expungement of a summary
offense and has been free of arrest or prosecution for five years following
the conviction for that offense. Expungement would only be permitted for a
conviction of a summary offense and would not be permitted for an offense
under section 3127 (relating to indecent exposure). |
Effective
in 60 days |
||
|
Nov. 26 |
The
Abandoned and Blighted Property Conservatorship Act extensively outlines provisions
for court-appointed conservators to bring residential, commercial and
industrial buildings into municipal code compliance when owners fail to
comply. The bill defines the term "actively marketed," and
"substantial rehabilitation" and expands the list of parties in
interest to include nonprofit corporation. The bill requires, if the property
is located in a city of the first class ( |
Effective
in 90 days |
||
|
Nov. 26 |
Act
designating the scenic view adjacent to State Route 40 in Wharton Township,
Fayette County, as the "Blue Star Point Lookout"; designating the portion
of US Route 20, known as West 26th Street, in Millcreek Township, Erie
County, from Peninsula Drive to Powell Avenue as the John W. Groters Memorial
Highway; designating a portion of Cottman Avenue (Route 73), Burholme
Section, City of Philadelphia, as the Police Sergeant Stephen Liczbinski
Memorial Highway; designating the bridge on State Route 259 dividing Bolivar
Borough and Fairfield Township, Westmoreland County, as the Glenn McMaster
Memorial Bridge. |
Effective
in 60 days |