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GENERAL
ACTS ENACTED FOR 2010 |
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ACT |
DATE |
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SUBJECT |
EFFECTIVE
DATE |
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Jan. 7 |
Amends
Title 4 (Amusements) further providing for legislative intent, for
definitions, for the Pennsylvania Gaming Control Board established, for
applicability of other statutes, for powers of the board and for code of
conduct; providing for expenses of regulatory agencies; further providing for
licensed gaming entity application appeals from board, for license or permit
application hearing process and public hearings, for board minutes and
records, for regulatory authority of board, for collection of fees and fines,
for slot machine license fee, for number of slot machines and for reports of
board; providing for report by slot machine licensee; further providing for
diversity goals of board and for license or permit prohibition; providing for
specific authority to suspend slot machine license and for Auditor General's
reports; further providing for Category 3 slot machine license, for an
additional Category 3 license in 2017, for applications for license or
permit, for slot machine license application character requirements, for slot
machine license application financial fitness requirements, for supplier
licenses and for manufacturer licenses; providing for gaming service provider
and for alternative supplier licensing standards; further providing for
occupation permit application, for additional licenses and permits and
approval of agreements, for license renewals, for change in ownership or
control of slot machine licensee and for nonportability of slot machine
license; providing for appointment of trustee and for additional table game
assessment; authorizing table games; further providing for slot machine
license deposits; providing for limitation on recovery of costs; further
providing for gross terminal revenue deductions, for itemized budget
reporting, for establishment of State Gaming Fund and net slot machine
revenue distribution, for distributions from Pennsylvania Race Horse
Development Fund, for Pennsylvania Gaming Economic Development and Tourism
Fund, for transfers from State Gaming Fund, for local shares, for
responsibility and authority of Department of Revenue, for wagering on credit
and for no eminent domain authority; providing for deteriorated designations;
further providing for compulsive and problem gambling program, for labor
hiring preferences, for declaration of exemption from Federal laws
prohibiting slot machines and for financial and employment interests;
providing for additional restrictions; further providing for political
influence, for regulation requiring exclusion of certain persons; providing
for prosecutorial and adjudicative functions; further providing for
investigations and enforcement, for conduct of public officials and employees
and for prohibited acts and penalties; providing for additional authority and
for report of suspicious transactions; further providing for interception of
oral communications; providing for electronic funds transfer terminals;
regulating junkets; and providing for gaming schools. |
Portions
take effect July 1, 2011; July 20, 2017; some immediately |
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Feb. 1 |
Act
designating the bridge carrying U.S. Route 522 over the Aughwick Creek in
Shirley Township, Huntingdon County, as the Queen Aliquippa Bridge. |
Effective
in 60 days |
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Feb. 1 |
Act
designating the bridge in the Borough of White Oak, Allegheny County,
carrying State Route 2033 over Jack's Run Stream as the Milton L. Lebowitz
Memorial Bridge. |
Effective
in 60 days |
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Feb. 1 |
Amends
the Coal Refuse Disposal Control Act further providing for findings and declaration
of policy, and for definitions relating to coal bed methane; adding that a
preferred site is one that is adjacent to or an expansion of an existing coal
refuse disposal site; and establishing the coal bed methane review board to
resolve disputes between property owners over the location of coal bed
methane wells and access roads. |
Effective
Immediately, with exceptions |
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Feb. 1 |
Act
designating a bridge on that portion of Route 219 over the Little Toby Creek,
Brockway Borough, Jefferson County, as the Christopher E. Loudon Memorial Bridge. |
Effective
Immediately |
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Feb. 17 |
Act
designating the bridge on U.S. Route 6 over Potato Creek at Smethport, McKean
County, as the POW/MIA Memorial Bridge; designating State Route 120 in the
Borough of Emporium as General Joseph T. McNarney Memorial Boulevard;
designating the bridge on U.S. Route 6 over Allegheny River at Liberty
Township, McKean County, as the Lt. Colonel Richard J. Berrettini Memorial
Bridge; designating the Main Street Bridge carrying U.S. Route 6 at Segment
260, offset 0711, over the Allegheny River in Coudersport Borough, Potter
County, as the Potter County World War II Veterans Memorial Bridge; and
designating the Gay Street Bridge on State Route 113, which crosses French
Creek in the Borough of Phoenixville, Chester County, as the Veterans
Memorial Gay Street Bridge. |
Effective
in 60 days |
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Feb. 17 |
Amends
the Crane Operator Licensure Act further providing that an individual shall
be eligible to licensure without certification until December 9, 2011. |
Effective
Immediately |
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Feb. 17 |
Amends
the Controlled Substance, Drug, Device and Cosmetic Act by adding that
knowingly possessing or causing a chemical reaction of ephedrine,
pseudoephedrine, phenylpropanolamine or a product containing these
ingredients, or any of their salts, optical isomers or salts of optical
isomers with the intent to manufacture methamphetamine is prohibited. The
bill adds that proof that a person had in his possession more than 40 grams
or 15 packages of any drug containing ephedrine, pseudoephedrine,
phenylpropanolamine, or any of their salts, optical isomers or salts of
optical isomers as an active ingredient would provide a rebuttable
presumption that the person acted with intent to manufacture methamphetamine.
A person commits a felony of the third degree if he intentionally, knowingly
or recklessly deposits, stores or disposes on any property a precursor
substance, chemical waste or debris, used in or resulting from the
manufacture of methamphetamine or the preparation of a precursor substance
for the manufacture of methamphetamine. This bill shall not apply to a
licensed pharmaceutical manufacturer, wholesaler, or the sales representative
of a licensed manufacturer or wholesaler, or to a licensed pharmacist or
licensed health care professional, or to any other person engaged by a
licensed manufacturer, wholesaler, pharmacist or health care provider, who
lawfully markets, transports, delivers or dispenses a product containing
these ingredients. |
Effective
in 60 days |
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March 16 |
Amends
Title 51 (Military Affairs) extending the Military Family Relief Program
until June 30, 2016. Expands the program to allow service members to be
eligible for grants up to one year after completion of active duty when the
financial need is a result of military service. Further provides that
soldiers discharged for medical reasons shall be eligible for two years with
a requirement of showing a need related to military service. Also amends the
residency requirement providing an eligible service member must be a
Pennsylvania resident at time of application for assistance but not at the
time service member entered the military. |
Effective
in 60 days |
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March 16 |
Act
designating State Route 35 from Selinsgrove to the Snyder County line near
Richfield as the Pfc. Justin W. Dreese Memorial Highway. |
Effective
in 60 days |
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March 16 |
Amends
Title 18 (Crimes and Offenses) adding that the offense of robbery includes
taking or removing the money of a financial institution without the
permission of the financial institution by making a demand of an employee of
the financial institution orally or in writing with the intent to deprive the
financial institution thereof. |
Effective
in 60 days |
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March 22 |
Amends
Title 18 (Crimes and Offenses) by defining "licensing board" and
"professional or occupational license"; and adding a section
defining the offense of impersonating the holder of a professional or
occupational license. The bill defines the offense as falsely pretending to
hold the office of notary public within this Commonwealth or to hold a
professional or occupational license issued by a licensing board and
performing any action in furtherance of this false pretense. The bill
provides for grading of the offense. |
Effective
in 60 days |
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March 22 |
Act
prohibiting limitations on the wearing of official military uniforms on
school property and imposing a penalty. |
Effective
immediately |
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March 22 |
Amends
the Insurance Company Law establishing a chapter entitled Suitability of Annuity
Transactions, which provides that in making a recommendation to a consumer
for the purchase of an annuity or the exchange of an annuity that results in
another insurance transaction or series of insurance transactions, an
insurance producer, or insurer where no insurance producer is involved, shall
have reasonable grounds for believing that the recommendation is suitable for
the consumer on the basis of the facts disclosed by the consumer as to the
consumer's investments and other insurance products and as to the consumer's
financial situation and needs. The bill lays out rules and procedures to this
end. The bill also provides requirements for the submission of annual and
other reports to the Insurance Commissioner by various parties, and delineates
documents, materials and information that shall be confidential by law and
not subject to subpoena, discovery, the Right-To-Know Law, or admissible as
evidence in any private civil action. Additionally provided is health care
parity and non-discrimination and for the stability of annuity contracts. |
Effective
immediately, with exceptions |
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March 22 |
Amends
the Oil and Gas Act further providing for well reporting requirements by
requiring every operator of a well which produces gas from the Marcellus
Shale formation to file with the department a semi-annual report specifying
the amount of production on the most well-specific basis available. The
commonwealth shall have the right to utilize such information in enforcement
proceedings, in making designations or determinations under the
Administrative Code, or in aggregate form for statistical purposes. The
department shall make the reports available on its website. Any costs
incurred by the department to comply with these requirements shall be paid
out of the fees collected under section 201(d). |
Effective
in 60 days |
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March 29 |
Act
designating the Arch Street Bridge on State Route 2064, Lycoming County, as
the Duboistown Bridge. |
Effective
in 60 days |
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March 29 |
Amends
the Model Act for the Regulation of Credit Life Insurance and Credit Accident
and Health Insurance further providing for premiums and refunds by requiring
notices to be provided for each individual policy or group certificate paid
by single premium, including renewals and refinancing, containing certain
information related to debtor entitlement. |
Effective
in 120 days |
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April 29 |
Amends
Title 18 (Crimes and Offenses) defining the offense of illegal dumping of
methamphetamine waste as a felony of the third degree when a person
intentionally, knowingly, or recklessly deposits on any property a precursor
or reagent substance, chemical waste or debris, that has been or is intended
to be used in the manufacture of methamphetamine or the preparation of a
precursor substance for the manufacture of methamphetamine. The bill provides
for exceptions. Also adds a section providing for the offense of operation of
a methamphetamine laboratory. A definition of "manufacture" is also
provided. |
Effective
in 60 days |
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April 29 |
Amends
The Dental Law further defining "expanded function dental
assistant"; further providing for the State Board of Dentistry by
increasing the composition by two; and providing for scope of practice of
expanded function dental assistant. |
Effective
in 60 days |
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April 29 |
Act
authorizing the Department of General Services, with the approval of the
Department of Military and Veterans' Affairs and the Governor, to grant and
convey, at a price to be determined through a competitive bid process,
certain lands, buildings and improvements situate in the City of Oil City,
Venango County; and authorizing the Department of General Services, with the
approval of the Department of Military and Veterans Affairs and the Governor,
to grant and convey, at a price to be determined through a competitive
bidding process, certain lands, buildings and improvements situate in the
First Ward of the City of Meadville, Crawford County. |
Effective
Immediately |
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April 29 |
Amends
the Controlled Substance, Drug, Device and Cosmetic Act providing for
environmental costs by adding that a person who is convicted of an offense
involving the operation of a methamphetamine laboratory for the use of a
reagent or precursor substance to manufacture methamphetamine shall be
ordered to reimburse the appropriate law enforcement agency, emergency
medical services organization, fire company or other organization for the
costs of cleaning up the environmental hazards associated with the operation
of the laboratory. |
Effective
Immediately |
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April 29 |
Act
designating the bridges on Route 28 in the Boroughs of Etna and Sharpsburg,
Allegheny County, as the Chief Warrant Officer Michael J. Novosel Memorial
Bridges; and making a related repeal. |
Effective
in 60 days |
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May 12 |
Amends
the Act entitled "An act regulating the sale and resale for profit and
the carrying on of the business of selling or reselling tickets or other
devices for admission to places of amusement; providing for the licensing of
persons reselling such tickets for profit; providing for the suspension and
revocation of such licenses; imposing duties on licensees and owners or
operators of places of amusement; imposing powers and duties on the
Department of Revenue, county treasurers, district attorneys, and the
receiver of taxes, and city solicitors in cities of the first class; making
disposition of moneys collected and providing penalties" redefining
"ticket purchasing software," defining "ticket seller"
and prohibiting use of ticket purchasing software and to acquire tickets from
a ticket seller, if the tickets would not have been acquired by the person
but for the use of the ticket purchasing software. The bill provides for
penalties. |
Effective
Immediately |
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May 12 |
Amends
the Municipal Waste Planning, Recycling and Waste Reduction Act, extending
the sunset date for fees to January 1, 2020. Also $1,250,000 shall be transferred
annually from the Recycling Fund for tire pile remediation. |
Effective
Immediately |
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May 12 |
Amends
the Engineer, Land Surveyor and Geologist Registration Law deleting language
providing for mandatory continuing education and adding new language for continuing
professional competency requirements for the practice of professional
engineering, professional land surveying and professional geology, and for
licensure of professional geologists. Each licensee shall be required to
obtain twenty-four PDH units during the biennial renewal period. |
Effective
in 60 days |
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May 12 |
Act
designating the bridge in the Borough of Hatboro (now designated as Bridge
Management I.D. No. 46/0263/0050/0057) over Pennypack Creek as the PFC Joseph
J. Lannon, Jr., USMC Memorial Bridge. |
Effective
in 60 days |
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May 12 |
Amends
the Second Class County Code by changing the date that second class and class
A counties must submit to the court of Common Pleas an annual report of all
receipts and expenditures of the preceding year and a full statement of the
financial condition of the county from the month of May to the month of July.
The bill also extends the date, from the first Monday in May to the first
Monday in July, by which counties of the second class and second class A must
submit their annual financial report to the Department of Community and
Economic Development (DCED). |
Effective
Immediately |
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May 12 |
Amends
Title 51 (Military Affairs) by adding that the composition of the State
Veterans' Commission includes the head of the Military Officers Association
of America and does not include veterans of World War I. |
Effective
Immediately |
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June 1 |
Amends
the Pharmacy Act further providing for definition of "practice of
pharmacy" and "management of drug therapy" and identifies
further conditions under which a pharmacist's license may be refused, revoked
or suspended by the board; and provides for drug therapy protocols. The bill
outlines provisions for collaborative drug therapy management and states a
pharmacist shall enter into a written collaborative agreement with a licensed
physician authorizing the management of drug therapy for a disease, or for a
condition or symptom of a disease, before practicing the management of drug
therapy in a setting other than an institutional setting. A pharmacist who is
a party to a collaborative agreement authorizing the management of drug
therapy must provide to the board satisfactory evidence of training in the
management of drug therapy for a disease, or for a condition or symptom of a
disease, which is the subject of the collaborative agreement and must utilize
an area for in person or electronic consultations relating to the management
of drug therapy that ensures the confidentiality of the patient information
being discussed. A pharmacist who is a party to a collaborative agreement
authorizing the management of drug therapy shall obtain and maintain a level
of professional liability insurance coverage in the minimum amount $1,000,000
per occurrence or claims made. Nothing in this act shall be construed to provide
prescriptive authority to a pharmacist. |
Effective
in 60 with exceptions |
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June 3 |
Amends
Title 42 (Judiciary and Judicial Procedure), in organization and jurisdiction
of courts of common pleas, authorizing the court of common pleas of a
judicial district and the Municipal Court of Philadelphia to establish (with
available funds) one or more problem solving courts which have specialized
jurisdiction, including, but not limited to, drug courts, mental health
courts and driving under the influence courts, whereby defendants are
admitted to a court-supervised individualized treatment program. |
Effective
in 60 days |
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June 3 |
Amends
the Public Eating and Drinking Place Law by providing definitions and adding
language providing the act shall not apply to food or drink prepared in a
private home and used or offered for human consumption by any of the
following organizations: a 501 (c) (3) tax exempt organization; a volunteer
fire company or an ambulance, religious, charitable, fraternal, veterans,
civic, sportsmen, agricultural fair or agricultural association or any
separately chartered auxiliary of any of these associations, on a not-for-profit
basis; or an organization that is established to promote and encourage
participation and support for extracurricular recreations activities for
youth of primary and secondary public, private and parochial school systems
on a non-for-profit basis. |
Effective
in 60 days |
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June 16 |
The
Circulating Nurse Act requires a circulating nurse in all operating rooms
during any surgical procedure and requires a registered nurse to be the
circulating nurse in the operating room. The act provides definitions of,
health care facility, operating room of the facility, and registered nurse. |
Effective
in 60 days |
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June 16 |
Amends
Title 18 (Crimes and Offenses) by defining and prohibiting organized retail
theft as well as providing for grading of the offense. |
Effective
in 60 days |
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June 16 |
An
Act authorizing the Department of General Services to grant and convey to
Washington County Authority three tracts of land situate in Cecil Township,
Washington County, under terms and conditions to be established in an
Agreement of Sale with the Department. |
Effective
Immediately |
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June 25 |
Amends
the Liquor Code expanding the definition of "public venue" to
include a visitor center, regardless of floor area or seating capacity that
was established under the authority of the Gateway Visitor Center
Authorization Act of 1999. Also amends the definition of "eligible
entity" to include a club recognized by Rotary International whose
purpose is to provide service to others, to promote high ethical standards
and to advance world understanding, goodwill, and peace through its
fellowship of business, professional, and community leaders; 501 (c) (3)
nonprofit organizations located in second class A or third class counties
whose purpose is the education and promotion of American history; and a
brewery that has been issued a license to manufacture malt or brewed
beverages and has been in existence for at least 100 years. Also amends the
definition of "Performing Arts Facilities." Adds language
pertaining to spirits marketing. The bill provides for sacramental wine
licenses. Additionally, the bill requires an application for a special
occasion permit to include a resolution by the eligible entity setting forth
its current officers and approving the application. Upon approval of the
application, the permit shall be sent to the eligible entity only. Prior to
use of the special occasion permit, the eligible entity shall submit to the board
written proof of notification of the police. Area plans shall be subject to
approval by the department based on the area agency's demonstration of
compliance with the Older Americans Act and other applicable law, provision
of services in a manner that advances the goal of consistency among the
planning and service areas of the Commonwealth and other relevant factors to
be determined by the secretary. The bill also provides for limited number of
retail licenses to be issued in each county by deleting language stating
areas designated as bedrooms may not be used as licensed serving areas. The
bill stipulates the department shall not expend moneys available through the
State Lottery Fund for the administration and provision of programs being
transferred by this act from the Department of Public Welfare to provide
services for people with disabilities who are under 60 years of age. Nothing
in the bill shall prohibit a privately owned, private golf club that performs
catering to hold an interest in a limited winery license. Also amends section
438 pertaining to numbers and kinds of licenses allowed same licensee and
section 505.2 pertaining to limited wineries. |
Effective
Immediately |
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June 25 |
An
Act authorizing Horsham Township, Montgomery County, to convey and transfer a
fee interest in certain Project 70 land free of restrictions imposed by the
Project 70 Land Acquisition and Borrowing Act, in return for the imposition
of Project 70 restrictions on other land to be acquired by the township. |
Effective
Immediately |
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June 29 |
Amends
the Pennsylvania Conservation Corps Act extending the expiration date for the
Pennsylvania Conservation Corp until June 30, 2020. |
Effective
Immediately |
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July 2 |
Act
authorizing and directing the Department of General Services, with the
approval of the Governor, to grant and convey to the Philadelphia Authority
for Industrial Development interests in certain lands situate in the 39th
Ward of the City of Philadelphia; and authorizing and directing the
Department of General Services, with the approval of the Governor, to grant
and convey to the Philadelphia Regional Port Authority certain lands situate
in the 39th Ward of the City of Philadelphia. |
Effective
Immediately |
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July 2 |
Amends
Title 62 (Procurement), in guaranteed energy savings contracts, amending the
definition of "energy conservation measure" to include technology
upgrades designed to reduce water and wastewater consumption or operating
costs, and inserting water and wastewater-related provisions into language
relating to contract procedures and provisions. Also provides that the
contractual period for guaranteed energy savings contracts shall not exceed
20 years. |
Effective
in 60 days |
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July 2 |
Act
designating a portion of State Route 11 from the bridge carrying State Route
11 over the Susquehanna River in Point Township, Northumberland County, known
as the Barry King Memorial Bridge, to the Montour County line as the Sgt.
Brett D. Swank Memorial Highway. |
Effective
in 60 days |
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July 2 |
Amends
the Workforce Development Act further providing for membership of the PA
Workforce Investment Board and establishing the PA Center for Health Careers
for the purpose of providing a focused direction and purpose for the
development of strategies to address the Commonwealth's short-term and
long-term health care work force challenges to ensure the quality and supply
of such work force. The bill also provides for the composition and duties of
a related Leadership Council and is to sunset June 30, 2015. |
Effective
Immediately |
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July 2 |
Act
authorizing the Department of General Services, with the approval of the
Department of Military and Veterans Affairs and the Governor, to grant and
convey, at a price to be determined through a competitive bid process,
certain lands, buildings and improvements situate in the Second Ward of the
City of Corry, Erie County. |
Effective
Immediately |
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July 2 |
Act
authorizing the Department of General Services, with the approval of the
Department of Public Welfare and the Governor, to grant and convey to West
Bradford Township, certain lands situate in West Bradford Township, Chester
County; and authorizing the Department of General Services, with the approval
of the Governor and the Department of Military and Veterans Affairs, to grant
and convey to Waynesburg University certain lands situate in the Borough of
Waynesburg, Greene County. |
Effective
Immediately |
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July 2 |
The
Protecting Pennsylvania's Investments Act provides for divestiture by the
State Treasurer, the State Employees' Retirement System and the Public School
Employees' Retirement System of investments in companies doing business in
Iran and Sudan. The Commonwealth shall reimburse each public fund for net
losses, costs and expenses incurred as a result of compliance with the act. |
Effective
Immediately |
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July 2 |
Amends
Title 61 (Penal and Correctional Institutions) to state it shall be the duty
and responsibility of the correctional institution to provide adequate
personnel to monitor a pregnant prisoner or detainee during transport to and
from the hospital and during her stay at the hospital. The bill provides for
restraint of pregnant prisoners and detainees by limiting the use of
restraints unless the pregnant prisoner or detainee presents a substantial
flight risk. The Secretary of Corrections and the official responsible for
oversight of each municipal and county correctional institution where a
pregnant prisoner or detainee had been subject to application of restraints
shall annually submit to the Office of the Governor a written report
containing detailed information regarding the use of restraints on any
pregnant prisoner or detainee in the official's custody during the preceding
fiscal year. The bill also requires a report to be submitted by a facility
whether or not it is licensed, operated, or supervised by DPW and places the
onus on the DPW to submit certain reports. |
Effective
in 60 days |
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July 6 |
Amends
the Fiscal Code to provide budget implementation language for the 2010-2011
General Appropriations Act. Further provides for certain funds and accounts
for fiscal year 2010-2011 and provides for transfers from various special
funds to the General Fund. Further provides for: investment of moneys by the
Treasury Department and that requisitions to payments by the Treasury
Department may be transmitted in paper or electronic form in accordance with
generally commercially accepted methods; for the transfer of $180 million
from the Oil and Gas Lease Fund to the General Fund; for issuance of
refunding bonds by transit agencies; an increase of the cap on the
Educational Improvement Tax Credit; for permit extensions; for heritage
areas; for victims of crime; changes in the dates of the semiannual reports
on grants awarded by PEMA; for the Judicial System Augmentation Account; for
the Access to Justice Account; for immediate assessment of slot machine
licensees for the repayment of loans to the Gaming Control Board from the
Property Tax Relief Reserve Fund; for certain funds and accounts in the
Executive Offices and the Departments of Agriculture, Education,
Environmental Protection, Health, Labor & Industry, Public Welfare, and
Revenue along with the Pennsylvania State Police, the State System of Higher
Education, State-related institutions, PHEAA, the Health Care Cost
Containment Council, and the General Assembly. Also provides for transfers
and deposits from the State Lottery Fund, the Motor License Fund, the Tobacco
Settlement Fund, the Community Health Reinvestment Restricted Account, the
Budget Stabilization Fund, the Emergency Medical Services Operating Fund, the
Highway Beautification Fund, the Keystone Recreation, Park and Conservation
Fund, the Local Government Capital Project Fund, the Low Level Waste Fund,
the PA Economic Revitalization Fund and the Small Business First Fund. Sets
the employer contributions rates for fiscal year 2010-2011 for the Public
School Employees Retirement System and the State Employees Retirement System.
In addition, indicates the intention of the General Assembly to enact
legislation that raises revenue from the extraction of Marcellus Shale
natural gas by October 1, 2010 and, to enact legislation establishing the
Independent Fiscal Office no later than October 1, 2010. |
Effective
Immediately |
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July 7 |
The
Capital Budget Act and Project Itemization Act of 2010 provides for the
capital budget for fiscal year 2010-2011, and details the total
authorizations for various state spending for the fiscal year 2010-2011. |
Effective
Immediately |
||
|
July 7 |
Amends
Capital Facilities Debt Enabling Act further providing for appropriation for
and limitation on redevelopment assistance capital projects by stating that
the maximum amount of redevelopment assistance capital projects undertaken by
the commonwealth for which obligations are outstanding shall not exceed, in
aggregate, $4,050,000,000. |
Effective
Immediately |
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|
July 9 |
Amends
the Public Welfare Code, in general powers of the Department of Public
Welfare, further providing for determining whether applicants are veterans by
requiring the form to be made available online; in public assistance, further
providing for Medical Assistance payments for institutional care by outlining
how payments under the MA fee-for-service program shall be determined and
exceptions to that process; and adding a article providing for statewide
quality care assessment in order to generate additional revenues for the
purpose of assuring that MA recipients have access to hospital services. For
fiscal year 2010-2011, each covered hospital shall be assessed an amount
equal to 2.69% of the net inpatient revenue of the covered hospital; and for
FYs 2011-12 and 2012-13, an amount equal to 2.84% of the net inpatient
revenue of the covered hospital. The assessment would be deposited into the
Quality Care Assessment Account and be used to make MA payments to hospitals
and make enhanced capitation payments to MA managed care organizations for
supplemental payments for inpatient hospital services. The bill outlines
limitations on use. The department shall report to the Senate and House
Health Committees regarding the assessment, which shall expire June 30, 2013. |
Effective
Immediately |
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July 9 |
Amends
The Administrative Code establishing the Department of Drug and Alcohol
Programs, which shall consist of three bureaus: Bureau of Prevention and
Intervention, Bureau of Treatment, and Bureau of Administration. The
Secretary of Drug and Alcohol Programs shall be appointed by the governor.
The bill repeals related provisions of the Pennsylvania Drug and Alcohol
Abuse and Control Act; provides for duties of the new department; and makes
editorial changes. The Department of Drug and Alcohol Programs shall have the
power, and its duty shall be: (1) To develop and adopt a State plan for the
control, prevention, intervention, treatment, rehabilitation, research,
education and training aspects of drug and alcohol abuse and dependence
problems; (2) In developing the State plan initially, and prior to its
amendment annually, to hold a public hearing at least 30 days prior to the
adoption of the initial State plan and subsequent amendments and to afford
all interested persons an opportunity to present their views either orally or
in writing; (3) In accordance with the State plan, to allocate the
responsibility for all services, programs and other efforts provided for
among the appropriate departments, agencies and other State personnel; (4) To
gather and publish statistics pertaining to drug and alcohol abuse and
dependence and promulgate regulations, specifying uniform statistics to be
obtained, records to be maintained and reports to be submitted by public and
private departments, agencies, organizations, practitioners and other persons
with respect to drug and alcohol abuse and dependence, and related problems.
Such statistics and reports shall not reveal the identity of any patient or
drug or alcohol-dependent person or other confidential information; (5) To
establish an information center, which will attempt to gather and contain all
available published and unpublished data and information on the problems of
drug and alcohol abuse and dependence; (6) To require all appropriate State
and local departments, agencies, institutions and others engaged in
implementing the State plan to submit as often as necessary, but no less
often than annually, reports detailing the activities and effects of the
implementation and recommending appropriate amendments to the State plan; (7)
To submit an annual report to the General Assembly; (8) To make provision for
facilities in each city or region or catchment area which shall provide
information about the total Commonwealth drug and alcohol abuse and drug and
alcohol dependency programs and services; and (9) To promulgate the rules and
regulations necessary to carry out the provisions of this article. Also adds
language providing for four non-legislative appointments to the PHEAA board
to replace legislative members who choose not to be reappointed. Provides the
non-legislative members shall have relevant experience in banking, finance,
higher education, higher education finance, information technology or
investment. Also changes the term of service for board members from six years
to four years and provides the chair and vice chair are to be legislative
appointed. |
Effective
Immediately |
||
|
July 9 |
Amends
The Insurance Company Law extending mini-COBRA benefits for eligible
individuals to capture the recently-extended federal premium subsidy from
nine months to fifteen months and addressing compliance with other rules,
derivative transactions, and general three percent diversification. Also
provides for appealing an insurer's determination that the benefit trigger is
not met on long term care insurance claims and for prompt payment of clean
claims. |
Effective
Immediately, with exceptions |
||
|
July 9 |
Act
designating the interchange at Exit 32-B of Interstate 70 in Washington County
as the Nathan Burnfield Memorial Interchange; and designating the Gay Street
Bridge on State Route 113, which crosses French Creek in the Borough of
Phoenixville, Chester County, as the Veterans Memorial Gay Street Bridge. |
Effective
in 60 days |
||
|
July 9 |
Amends
Title 42 (Judiciary & Judicial Procedure) providing for confidential
communications to a critical incident stress management team member by law
enforcement officers, public safety responders and corrections officers. The
bill adds a section providing a critical incident stress management team
member who, while in the course of his duty, has acquired information from
any law enforcement officer, public safety responder or corrections officer
secretly and in confidence, may not be compelled or allowed without the
consent of the law enforcement officer to disclose that information in a
legal proceeding, trial or investigation before any government unit. The bill
provides for definitions and exceptions. |
Effective
in 60 days |
||
|
July 9 |
Amends
Title 34 (Game) increasing or adding penalties for violations of certain
unlawful acts. |
Effective
in 60 days |
||
|
July 9 |
Act
authorizing the Department of General Services, with the approval of the
Governor, to grant and convey to The Pennsylvania State University, certain
lands situate in Benner Township, Centre County; authorizing the Department
of General Services, with the approval of the Governor, to grant and convey
to Benner Township, certain lands situate in Benner Township, Centre County;
authorizing the Department of General Services, with the approval of the
Governor, to grant and convey to the Pennsylvania Fish and Boat Commission,
certain lands situate in Benner Township, Centre County; and authorizing the
Department of General Services, with the approval of the Governor, to grant
and convey to the Pennsylvania Game Commission, certain lands situate in
Benner Township, Centre County. |
Effective
Immediately |
||
|
July 9 |
Amends
the Pennsylvania Municipal Retirement Law to require the board to adopt
procedures by which an eligible retired public safety officer can pay for
qualified accident, health, or long-term care insurance. The board shall also
promulgate regulations to regulate the Deferred Retirement Option Plan (DROP)
and create a subsidiary DROP assistance account for each DROP participant.
The board shall also promulgate regulations to comply with state and Federal
law. Requirements and some procedures for handling the DROP accounts are
provided. The appropriate use of a "domestic relations order" in
the receipt of benefits is also provided. Beneficiary payment restrictions
and procedures are also detailed. Restrictions on the solicitation of public
contributions are included. |
Effective
Immediately |
||
|
July 9 |
Amends
the act of December 15, 1982 (P.L.1266, No.287), entitled, as amended,
"An act conferring limited residency status on military personnel, their
dependents and civilian personnel assigned to an active duty station in
Pennsylvania," expanding applicability of the act to include all active
duty personnel and dependents, stipulating a community college, State-related
or State-owned institution of higher learning may charge resident tuition
rates to any active military personnel, and their dependents who are taking
college courses or receiving other education services through the Internet or
by other electronic means. |
Effective
Immediately |
||
|
July 9 |
Act
authorizing the Department of Transportation in accordance with
appropriations and grants of funds from Federal, State, regional local or
private agencies to sell at public sale land acquired by the department if
the secretary determines the land is not needed for present or future
purposes. Contingencies for when the land is not transferred to a public
entity are given. Also repeals section 2003 (e) (7) of The Administrative
Code of 1929. |
Effective
in 60 days |
||
|
July 9 |
Amends
Title 61 (Penal and Correctional Institutions) to provide guidelines for the
return to and redispensing by the vendor pharmacy for drugs dispensed to a
correctional facility. The bill provides for credit for redispensing. |
Effective
Immediately |
||
|
Sept. 24 |
The
Interstate Wildlife Violator Compact Act authorizes PA to join the compact;
establishes the Board of Compact Administrators to serve as a governing body
for the compact; providing Procedures for Issuing State; providing procedures
for Home State; providing Reciprocal Recognition of Suspension; providing
guidelines for entry into and withdrawal from the compact; providing duties
for the Pennsylvania Fish and Boat Commission. |
Effective
Immediately |
||
|
Oct. 7 |
Amends
the Second Class City Law deleting certain penalties for false
personification. |
Effective
in 60 days |
||
|
Oct. 7 |
Amends
the First Class City Government Law deleting certain penalties for false
personification. |
Effective
in 60 days |
||
|
Oct. 7 |
Repeals
the act entitled "An act to prevent the wearing of the badge of the
Bureau of Police, in cities of the first class, by unauthorized persons, and
providing a penalty therefor." |
Effective
in 60 days |
||
|
Oct. 7 |
Amends
Title 34 (Game) further providing for powers and duties of enforcement
officers relating to searches and for resisting or interfering with an
officer. Also allows courts to continue to decide the definition of curtilage
as it pertains to cabins. |
Effective
in 60 days |
||
|
Oct. 7 |
Amends
Title 61 (Prisons and Parole) to add a new chapter providing for community
corrections facilities. Definitions are provided and a private entity wishing
to run a community corrections facility must hold a
public hearing in the municipality where the facility is to be located.
Notice is also required. |
Effective
in 60 days |
||
|
Oct. 7 |
Amends
the Continuing-Care Provider Registration and Disclosure Act further
providing for examinations, stating every provider subject to examination in
accordance with the act must keep all books, records, accounts, papers,
documents and any or all computer or other recordings relating to its
property, assets, business and affairs in such manner and for such time
periods as the department may require in order that its authorized
representatives may readily verify the financial condition of the company or
person and ascertain whether the company or person has complied with state
law. The department or any of its examiners may conduct an examination of the
books and records of each provider offering continuing care in PA as often as
the commissioner deems appropriate, but shall conduct an examination at least
once in the first five-year period and once in the second five-year period
following a provider's receipt of a certificate of authority. The bill
provides for scheduling criteria and procedures. |
Effective
in 60 days |
||
|
Oct. 7 |
Amends
the act entitled, as amended, "An act creating a county records
committee; imposing powers and duties upon it; authorizing the Pennsylvania
Historical and Museum Commission to assist and cooperate with it; defining
county records; and authorizing the disposition of certain county records by
county officers in counties of the second to eighth class," increasing
the membership of the committee from fifteen to sixteen, and requiring the
additional member be a clerk of orphans' court. |
Effective
in 60 days |
||
|
Oct. 7 |
Amends
The Insurance Company Law by adding that the marketing, sale, offering for
sale, issuance, making, proposing to make and administration of a service
contract shall not be construed to be the business of insurance and shall be
exempt from regulation as insurance. "Service contract" is defined. |
Effective
in 60 days |
||
|
Oct. 7 |
Amends
Title 18 (Crimes and Offenses) further providing for sexual abuse of children
by stating that the district attorney has the authority to investigate and
institute charges for sexual abuse in the county and the attorney general
shall have the separate authority to investigate and institute charges of
sexual abuse when the offense or series offenses has occurred in more than
one county or a county of the Commonwealth and another state. Also whoever
being of the age of 18 years and upwards, by any course of conduct in
violation of Chapter 31 (relating to sexual offenses) corrupts or tends to
corrupt the morals of any minor less than 18 years of age, or participates in
the aiding or abetting of this crime is punishable as a felony of the third
degree. |
Effective
in 60 days |
||
|
Oct. 7 |
The
Adult Protective Services Act provides for protection of abused, neglected,
exploited or abandoned adults; establishes a uniform statewide reporting and
investigative system for suspected abuse, neglect, exploitation or
abandonment of adults; provides for protective services; and prescribes
penalties. The Department of Public Welfare shall annually present a report
on the program and services performed to the Aging and Youth Committee of the
Senate and the Aging and Older Adult Services Committee of the House of
Representatives. |
Effective
in 6 months |
||
|
Oct. 7 |
Amends
the act entitles "A further supplement to an act, entitled' An act to
establish a board of wardens for the Port of Philadelphia, and for the
regulation of pilots and pilotage, and for other purposes,' approved March
29, 1803, and for regulating the rates of pilotage and number of
pilots," to give a maximum charge per unit during the period 2010-2013. |
Effective
in 60 days |
||
|
Oct. 13 |
The
Construction Workplace Misclassification Act states, for the purposes of
Workers' Compensation, Unemployment Compensation and improper classification
of employees, an individual who performs services in the construction
industry is an independent contractor only if: (1) the individual has a
written contract to perform such services; (2) the individual is free from
control or direction over performance of such services both under the
contract of service and in fact; and (3) as to such services, the individual
is customarily engaged in an independently established trade, occupation,
profession or business. The bill provides for determination of violation and
penalties. Additionally, the Secretary of the Department of Labor &
Industry may petition a court to issue a stop-work order. Penalties collected
shall be paid into various Workers' Compensation and Unemployment
Compensation Funds. The department shall report annually to the General
Assembly. The department shall not be required to enforce this act until
adequate funding is appropriated. |
Effective
in 120 days |
||
|
Oct. 19 |
The
Sudden Infant Death Syndrome Education and Prevention Program Act provides
for the establishment of the Sudden Infant Death Syndrome Education and
Prevention Program to promote awareness and education relating to SIDS and
SUDI with the focus on the risk factors of SIDS and SUDI and safe sleeping
practices for newborns and infants. The bill provides for public awareness
efforts, educational and instructional materials, signing of acknowledgement
statement and distribution of material. The bill outlines the scope of the
act and empowers the Department of Health to promulgate regulations. |
Effective
in 60 days |
||
|
Oct. 19 |
Amends
Title 18 (Crimes and Offenses) further providing for trademark counterfeiting
by making a series of technical and substantive changes to the following
provisions: presumption, penalties, forfeiture and restitution. The bill also
adds or makes changes to the following definitions: bodily injury, serious
bodily injury, counterfeit mark, intellectual property, item
and retail value. |
Effective
in 60 days |
||
|
Oct. 19 |
Amends
The First Class Township Code further providing for general provisions
relating to examinations by stipulating various requirements of exam
applicants. The bill also provides for the rejection of applicant and
hearing, for eligibility and manner of filling appointments, for probation
period and for physical and psychological examinations by physician, other
qualified medical professional, psychiatrist or psychologist, and for
promotions. |
Effective
Immediately |
||
|
Oct. 19 |
Amends
the act entitled "An act providing for the appointment, promotion,
reduction, removal and reinstatement of paid officers, firemen and employes
of fire departments and of fire alarm operators and fire box inspectors in
the bureaus of electricity in cities of the third class; defining the powers
and duties of civil service commissions for such purposes; and fixing
penalties" adding language providing an applicant selected from the
eligibility list shall receive a conditional offer of employment which shall
be conditioned upon the appointee undergoing a physical and psychological
medical examination by physician, other qualified medical professional,
psychiatrist or psychologist, and a determination that the appointee is
capable of performing all the essential functions of the position. The bill
provides age restrictions for applicants, includes other eligibility
requirements and provides for promotions. |
Effective
Immediately |
||
|
Oct. 19 |
Amends
The Third Class City Code adding language pertaining to civil service
providing the board shall require an applicant selected from the eligibility
list to receive a conditional offer of employment which shall be conditioned
upon the appointee undergoing a physical and psychological medical
examination by physician, other qualified medical professional, psychiatrist
or psychologist, and a determination that the appointee is capable of
performing all the essential functions of the position. The bill provides for
the grading of discharged servicemen, and for promotions. |
Effective
Immediately |
||
|
Oct. 19 |
Amends
the act entitled "An act providing for and regulating the appointment, promotion
and reduction in rank, suspension and removal of paid members of the police
force in boroughs, incorporated towns and townships of the first class
maintaining a police force of not less than three members; creating a civil
service commission in each borough, incorporated town and township of the
first class; defining the duties of such civil service commission; imposing
certain duties and expense on boroughs, incorporated towns and townships of
the first class; imposing penalties, and repealing inconsistent laws"
adding language providing an applicant selected from the eligibility list
shall receive a conditional offer of employment which shall be conditioned
upon the appointee undergoing a physical and psychological medical
examination and a determination that the appointee is capable of performing
all the essential functions of the position. Also provides for examinations,
duties of examiners, hearings and probationary periods. |
Effective
Immediately |
||
|
Oct. 19 |
An
Act designating the interchange at Exit 48 of Interstate 79 in Washington County
as the Purple Heart Interchange; designating a bridge located on that portion
of S.R. 3001 over the Chest Creek, Mahaffey, Clearfield County, as the
Sergeant Major Morton Shea Landy Memorial Bridge; designating the
Donora-Webster Bridge in Donora, Washington County, as the Lieutenant
Governor Ernest P. Kline Memorial Bridge; designating the bridge on that
portion of S.R. 130 over the Norfolk Southern rail lines, Trafford Borough,
Allegheny and Westmoreland Counties, as the Trafford Veterans Memorial Bridge;
and designating the interchange of Business Route 60 with Thorn Run Road in
Moon Township, Allegheny County, as the Robert E. Harper Interchange. |
Effective
in 60 days |
||
|
Oct. 19 |
Amends
the Mobile Home Park Rights Act to make legislative findings and change the
word "mobile" to "manufactured" and the word
"park" to "community." Some definitions are also altered.
Definitions of "manufactured home community owner" and
"manufactured home space rental agreement" are provided and
incorporated. Terms of the rental agreement are also detailed in the bill.
Mobile home community leases and lessees, as well as damages, are also
provided for. Written notification of the community's rules and regulations
must be provided to a lessee. |
Effective
in 150 days |
||
|
Oct. 19 |
The
Sgt. Michael C. Weingard Law amends Title 75 (Vehicles) to change the
definitions of "emergency medical services personnel,"
"emergency services responder," and "serious bodily
injury" as well as provides for the offense of aggravated assault and
increased penalties if the victim is an emergency services responder.
Permissible arguments as to the amount of damages are provided as well as additional
penalties including license suspension and jail time. Also provided are
exemptions from vehicle registration, limits on carrying certain fuels,
restrictions on school transportation, and special permits for transport. |
Effective
in 60 with exceptions |
||
|
82 |
Oct. 19 |
Act
providing for the capital budget for the fiscal year 2010-2011; itemizing
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, State forestry bridge projects,
General Fund current revenue projects, State ATV/ Snowmobile Fund projects,
State transportation enhancement funds projects and State Stores Fund current
revenue 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, or the Department of
Transportation, together with their estimated financial costs; authorizing
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 or the Department of Transportation;
stating the estimated useful life of the projects; providing an exemption;
providing for limitation on certain capital projects; making appropriations;
and making a repeal. |
Effective
Immediately |
|
|
Oct. 19 |
Amends
Title 74 (Transportation) declaring indemnity agreements void in motor
carrier transportation contracts. An exception is granted for railroad
activities. "Indemnity provision" is defined as a provision which:
(1) is contained in, is collateral to or affects a motor carrier
transportation contract; and (2) indemnifies or attempts to indemnify the
promisee against liability for loss or damage resulting from intentional,
reckless or negligent acts or omissions. This shall apply to contracts
entered into on or after the effective date of this section. |
Effective
in 60 days |
||
|
Oct. 22 |
Amends
the Public Welfare providing for reasonable limits (changed from lifetime
limit) on allowable income deductions for medical expenses when determining
payment toward the cost of long-term care services; further defining
"general acute care hospital," defining "high volume Medicaid
hospital"; and further providing for authorization by adding that
beginning July 1, 2009, and subject to advance written approval by the
secretary, a municipality may impose a monetary assessment on the net
operating revenues reduced by all revenues received from Medicare of each
high volume Medicaid hospital located in the municipality, ending June 30,
2013; and further providing for administration, no hold harmless, and tax
exemption. Also adds an article relating to Pennsylvania Trauma Systems
Stabilization allowing the department to approve level three trauma centers
in accordance with established standards and additional requirements given in
the legislation. Application for approval process and procedure is given,
along with funding for the trauma centers. Notification of trauma center
closing and reporting is further detailed. |
Effective
Immediately |
||
|
Oct. 27 |
Amends
Titles 15 (Corporations and Unincorporated Associations) and Title 20
(Decedents, Estates and Fiduciaries), in intestate succession, further
providing for forfeiture when a spouse dies in the midst of divorce
proceedings; in wills, further providing for modification of wills in a
pending divorce; in grant of letters, further providing for advertisement of
grant of letters; in administration and personal representatives, further
providing for duty of personal representative; in apportionment of death
taxes, further providing for enforcement of contribution or exoneration of
Federal estate tax; in powers of attorney, further providing for
implementation of power of attorney relating to beneficiaries on a life
insurance policy; in estates, further providing for applicability of rule
against perpetuities and for modification of conveyance by divorce and for
effect of divorce on designation of beneficiaries; in trusts, further
providing for notice of representation, for creditor's claim against settlor, for actions contesting validity of revocable
trusts, for claims and distribution after settlor's
death, for trustee's duty to inform and report, for illustrative powers of
trustee and for limitation of action against trustee; in principal and
income, further providing for power to convert to unitrust
and for retirement benefits, individual retirement accounts, deferred
compensation, annuities and similar payments; providing for formula clauses
for Federal tax purposes; in dispositions independent of letters, family
exemption, probate of wills and grant of letters, further providing for
payments to family and funeral directors and making conforming amendments to
Title 15. Also provided for is the designation of a spouse as a taker under
the will after a divorce and the ability to and procedure for removing a
fiduciary. |
Effective
Immediately, with exceptions |
||
|
Oct. 27 |
The
Consumer Protection Against Computer Spyware Act provides for the protection of
consumers from having spyware deceptively installed on their computers and
for criminal and civil enforcement. Provisions detailed in the bill include
definitions, computer spyware prohibitions, control or modification,
misrepresentation and deception, nonapplicability, criminal enforcement,
penalties, civil relief and construction. |
Effective
in 60 days |
||
|
Oct. 27 |
Amends
The Borough Code further providing for regulation of contracts made by a
borough owning or operating electrical generation or distribution facilities
by adding that certain bidding requirement would be waived for those
contracts made relating to the purchase of electricity and associated energy
and related services with any of the following: a political subdivision;
another state; the commonwealth or commonwealth agency; the federal
government; a private corporation; an electric cooperative; a non-profit
membership corporation; or an electric cooperative of another state. The bill
also provides for additional contracting authority for electric power and
energy by adding that a borough that is a member of a non-profit membership
corporation may contract with the non-profit membership corporation for the
development of electric power and associated energy or the purchase, sale,
exchange, interchange, wheeling, pooling or transmission of electric power
and associated energy or the right to the capacity from sources and projects
for a period not to exceed fifty years. The bill provides for content of the
contract. No borough may be obligated under a take-or-pay or take-and-pay
arrangement entered into with a non-profit membership corporation in which
the borough maintains membership unless that obligation is expressly
authorized by the borough council. All obligations under a contract shall be
paid from revenues derived from the operation of the borough's electric
system, and payments shall be an operating expense of the borough's electric
system. |
Effective Immediately |
||
|
Oct. 27 |
Amends
the Pennsylvania Farmland and Forest Land Assessment Act Adding that
"agricultural reserve", "agricultural use" and
"forest reserve" include any land devoted to the development and
operation of an alternative energy system, if a majority of the energy
annually generated is utilized on the tract. Provides when the owner of land
with a preferential assessment my lease the land for pipe storage. The bill
provides for special circumstances relating to split-off, separation or
transfer; leasing for wireless service; utilization of land or conveyance of
rights for exploration or extraction of gas, oil or coal bed methane;
utilization of land for commercial alternative energy generation; death of
landowner; temporary leases. |
Effective
in 60 days |
||
|
Oct. 27 |
Amends
Title 51 (Military Affairs) providing the Adjutant General may issue
commissions to Commonwealth employees of the Department of Military &
Veterans Affairs to act as installation police officers at Fort Indiantown
Gap and other Commonwealth military installations and facilities designated
by the Adjutant General. Further provides for the powers and duties of the
installation police. Also provides a person who violates a rule or regulation
designated by the Adjutant General as being for the protection of persons or
property at Fort Indiantown Gap commits a summary offense. |
Effective
in 60 days |
||
|
Oct. 27 |
Amends
Titles 42 (Judiciary and Judicial Procedure) and 53 (Municipalities
Generally) to create Housing Courts in the court of common pleas to help
bring properties up to code. Jurisdiction of the courts and educational
programs for the judges is provided. Also adds a chapter entitled the
Neighborhood Blight Reclamation and Revitalization Act providing for
neighborhood blight reclamation and revitalization. The bill provides for
actions against an owner of a property with serious code violations by
stating a municipality may institute certain enumerated actions against the
owner of any building, housing or land in serious violation of an ordinance
regarding a code or which causes the property to be in serious code
violation. A lien may be placed against the assets of an owner of unremediated property with serious code violations after
a judgment, decree or order is entered by a court of competent jurisdiction
against the owner of the property. The bill provides for duties of
out-of-State owners of real estate and association or trust owners.
Additionally, the legislation outlines when a municipality may deny issuing a
building permit, zoning permit, or other such permit. The administrative
office of Pennsylvania courts may develop and implement annual and ongoing
education and training programs for judges, including magisterial district
judges, regarding the laws of PA relating to blighted and abandoned property
and the economic impact that blighted and abandoned properties have upon
municipalities. Municipal permit denial and relief for inherited property is
provided generally. |
Effective
in 180 days |
||
|
Oct. 27 |
Amends
The Borough Code adding language pertaining to civil service for police and
firemen providing an applicant selected from the eligibility list shall receive
an offer of employment which shall be conditioned upon the appointee
undergoing a physical and psychological medical examination and a
determination that the appointee is capable of performing all the essential
functions of the position. Redress actions for refusal to certify an
applicant after examination is provided. Also provides for general provisions
relating to examinations, rejection of applicant, hearings, manner of filling
appointments, and probationary periods. Promotions are also provided for. |
Effective
Immediately |
||
|
Oct. 27 |
Amends
the act entitled "An act providing and regulating the appointment,
promotion and reduction in rank, suspension of operators of fire apparatus in
1st class townships" adding language providing an applicant selected
from the eligibility list shall receive an offer of employment which shall be
conditioned upon the appointee undergoing a physical and psychological
medical examination and a determination that the appointee is capable of
performing all the essential functions of the position. Redress for those not
given offers after examination is provided in the form of a public hearing.
Also provides for general provisions relating to examinations, hearings and
probationary periods. Promotions are provided for. |
Effective
Immediately |
||
|
Oct. 27 |
Amends
Title 53 (Municipalities Generally) consolidating and amending the Third Class
County Assessment Board Law, The Fourth to Eighth Class and Selective County
Assessment Law and provisions of The County Code relating to auxiliary board
of assessment appeals and assessment of signs and sign structures; and making
related repeals. Also provides for agreements for fire protection services in
cities of the second class (Pittsburgh). A chapter is added to regulate
municipal pensions for cities of the second class. |
Effective
Immediately |
||
|
Oct. 27 |
Act
designating Traffic Route 283 (State Route 300), from the PA Turnpike
Interchange in Lower Swatara Township, Dauphin County, to State Route 30 in
Manheim Township, Lancaster County, as the 283rd Field Artillery Battalion
Highway. |
Effective
in 60 days |
||
|
Oct. 27 |
Amends
Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole)
further providing for adoption of guidelines for sentencing; providing for
adoption of risk assessment instrument; in general administration, providing
for powers and duties of department; in county jail oversight board in
counties of the second class and second class A, further providing for scope
of subchapter, for definitions and for county jail oversight board; in inmate
labor, adding provisions relating to State correctional institutions and the
Prison Labor Commission; in inmate prerelease plans, providing for inmates
serving short minimum sentences; in motivational boot camp, providing for
evaluation; in State intermediate punishment, further providing for
evaluation and for reports; in probation and parole, providing for release to
group-based home providers; further providing for parole power; in interstate
compacts, further providing for powers of Attorney General; providing for
Interstate Compact for the Supervision of Adult Offenders fee; providing for
confidentiality of victim information; further providing for board actions,
for general powers of the board, for parole power, for violation of terms of
parole, for victim statements, testimony and participation in hearing and for
supervisory relationship to offenders; transferring sums to the Pennsylvania
Commission on Sentencing; providing for adult supervision fee; and making
editorial changes and a related repeal. Bill also details additional
requirements for state correctional institutions. When inmates may be hired
and how their supplies are to be paid for is provided. Also, in counties of
the sixth, seventh, or eighth classes, when a group home offers housing to a
person convicted of murder or a similar offense, the group home must notify
the governing body of the municipality and a hearing shall be held to
determine whether the person should live in the municipality. Parole power is
given in order to allow inmates to finish prescribed treatment on an
out-patient basis while on parole, instead of incarcerated. Additional
requirements are placed upon serving the rest of a paroled sentence when a
person has been convicted on another offense and factors to consider when
determining whether to supervise and inmate are provided. Powers are removed
from the Attorney General regarding suitability of inmates and given solely
to the Secretary of the Department of Corrections. |
Effective
Immediately |
||
|
Oct. 27 |
Amends
Title 42 (Judiciary and Judicial Procedure) extending the sunset of 1725.1
(Costs) to 2025. The bill also further provides for sentencing generally and
for collection of restitution, reparation, fees, costs, fines and penalties
by requiring the court to order the defendant to pay costs. In the event the
court fails to issue an order for costs pursuant to section 9728, costs shall
be imposed upon the defendant under this section. No court order shall be
necessary for the defendant to incur liability for costs. The court's power
under Pa. Rule of Evidence 706(c) is not limited by this bill. Bill also
provides for the detention of a child subject to criminal proceeding who has
not posted bail. Such a child shall be placed in a secured detention facility
approved by the Department of Public Welfare for the detention of an alleged
and adjudicated delinquent child. The child can still post bail if detained
and provisions detailing when the child shall be transferred to county jail
are provided. |
Effective
Immediately, with exceptions |
||
|
Oct. 27 |
Amends
the Insurance Company Law by creating civil immunity for certain people in
the insurance industry for the acts of libel, slander, bad faith in the
absence actual malice. The bill provides for related repeals and definitions. |
Effective
in 60 days |
||
|
Oct. 27 |
Act
designating the replacement bridge for the bridge carrying State Route 2018 over
the Monongahela River from the Borough of North Charleroi, Washington County,
to the City of Monessen, Westmoreland County, as the Governor John K. Tener Memorial Bridge |
Effective
Immediately |
||
|
Oct. 27 |
Act
designating Interstate 84, within this Commonwealth, as the Fallen Trooper
Memorial Highway; and designating a bridge in Clarks Summit, Lackawanna
County, as the John E. Fitzgerald Memorial Bridge. |
Effective
in 60 days |
||
|
Oct. 27 |
Amends
the Board of Vehicles Act defining "site-control agreement" or
"exclusive use agreement." Adds language to the list of unlawful coercive
acts providing it shall be a violation for any manufacturer, factory branch,
distributor, field representative, officer, agent or any representative
whatsoever of such manufacturer, factory branch or distributor to require,
attempt to require, coerce or attempt to coerce any new vehicle dealer to
sell, offer to sell or sell exclusively an extended service contract,
extended maintenance plan or similar product such as gap products, offered,
endorsed or sponsored by the manufacturer or distributor by any of the means
outlined in the legislation. Also adds it shall be a violation to directly or
indirectly condition certain enumerated actions on a dealer, prospective
dealer or owner of an interest in a dealership franchise or facility to enter
into a site control agreement or exclusive use agreement. |
Effective
in 60 days |
||
|
Oct. 27 |
Amends
Title 23 (Domestic Relations), in adoption, to add a subchapter D dealing
with a voluntary agreement for continuing contact to allow the birth parents
and other birth relatives to contract for continuing contact that is in the
best interests of the child. Parties to the agreement are limited and if the
child is over 12 years old, the agreement may not be entered into without the
child's approval. Filing procedures are detailed as well as provisions
detailing non-compliance with the agreement. Enforcement remedies are
provided and the agreement may be discontinued under certain circumstances. A
subchapter B is also added detailing records and access to information. The
subchapter details information regarding a child that must be made available
upon request. The persons to whom the information may be made available and
the types of information are limited. Subchapter C is also added to form an
information registry to retain information on adopted children. The registry
must be publicized and those people who may request information from the
registry are limited to certain family members and interested parties. The
subchapter also limits the type of information that is to be released.
Additions are further made to subchapter D detailing what specific information
may be released for each category of request. |
Effective
in 180 days |
||
|
Oct. 27 |
Amends
Title 53 (Municipalities Generally) further providing for the consolidations
and mergers of two or more municipalities; establishing the Commonwealth
Municipalities Consolidation and Merger Program within the Department of
Community and Economic Development to provide financial assistance for
mergers and consolidations; providing that at the same time that voters
approve or disapprove the consolidation or merger of two or more
municipalities, voters may approve or disapprove a new home rule charter or
an optional plan; and stating municipalities in the program would receive
priority for economic and community development assistance under existing
Commonwealth programs for five years. Home rule chartered municipalities may
not follow the same merger procedure as all others unless a study by a
government entity studying an optional plan has been completed. |
Effective
in 60 days |
||
|
Nov. 18 |
Act
designating the State Street (SR4028) Bridge over the Schuylkill River in
Hamburg Borough and Tilden Township, Berks County, as the Senator Jim Rhoades
Memorial Bridge. |
Effective
in 60 days |
||
|
104 |
Nov. 22 |
Amends
the Public School Code, in school districts, further providing for reports to
Department of Education and providing for value-added assessment system and
for drop-out data collection; in intermediate units, further providing for
financial reports; providing for payment of fees associated with
certification by the National Board for Professional Teaching Standards; in
certification of teachers, further providing for disqualifications relating
to teacher's certificate; in pupils and attendance, further providing for
residence and right to free school privileges and providing for emergency
permits at approved private schools and chartered schools for the deaf and
blind; in provisions relating to safe schools, further providing for
definitions and for the Office for Safe Schools; providing for regulations;
and further providing for reporting by school entities; in school health
services, further providing for possession and use of asthma inhalers and
epinephrine auto-injectors, for medical examinations of teachers and other
persons and for duties of Department of Education; in terms and courses of
study, providing for economic education and personal financial literacy
programs, for state standards for business, computer and information
technology courses and for dating violence education; establishing the
Science Technology Partnership Program; in high schools, further providing
for academic degrees; in charter schools, further providing for facilities;
providing for the Older Pennsylvanian Higher Education Program, for course
materials at institutions of higher education and for sexual violence
education at institutions of higher education; in reimbursements by
Commonwealth and between school districts, further providing for effect of
failure to file reports; and making editorial changes and related repeals. |
Effective
Immediately, with exceptions |
|
|
Nov. 23 |
Amends
the Housing Finance Agency Law establishing the Pennsylvania Housing
Affordability and Rehabilitation Enhancement Program to provide funding for:
(1) projects to provide safe and sanitary dwellings for sale or rent to
low-income and moderate-income individuals or families; (2) projects to
increase the availability or quality of housing for elderly persons; (3)
projects to increase the availability or quality of accessible housing for
persons with disabilities; (4) projects to prevent or reduce homelessness;
(5) projects to encourage the development and rehabilitation of distressed
neighborhoods; (6) projects to provide mortgage or rental assistance,
including housing counseling, foreclosure prevention and refinancing
products; or (7) projects to provide loans, low-interest loans or grants to
low-income and moderate-income individuals or families who are
owner-occupants for repairs and improvement to sustain or increase the
conditions of the home. Money for projects may be used for predevelopment
activities, acquisition and disposition of real or personal property, site
preparation, or construction, reconstruction, alteration and repair of
existing structures, improvements and infrastructure. The agency would
annually report to the Governor, Auditor General and Chairmen of the House
Commerce and Senate Urban Affairs and Housing Committees. The program is
contingent upon the availability of program funds. |
Effective
in 90 days |
||
|
Nov. 23 |
Amends
Title 3 (Agriculture) codifying the Public Eating and Drinking Place Law and
the Food Act; providing for the protection of public health and for
regulations; requiring licensing; further providing for organic foods, for
maple products, for food employee certification and for farmers' market;
providing for penalties; and making related repeals. All retail food
facilities are required to be licensed except those specifically exempt.
Exempt facilities include food banks, soup kitchens, school cafeterias, and
certain facilities owned by charitable nonprofits. The bill provides for
registration of business and products, cleanliness standards, certification
programs and certification of employees, inspections and reports. A chapter
on food safety is added. Bill also repeals chapters 59 and 63 of Title 3. |
Effective
in 60 days |
||
|
Nov. 23 |
Amends
The Controlled Substance, Drug, Device and Cosmetic Act prohibiting the sale
at retail of any product containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical
isomers or salts of optical isomers as the sole active ingredient unless the
product is offered for sale behind a counter where the public is not
permitted or the product is offered for sale within a locked cabinet that is
located in an area of the facility to which customers do not have direct
access. |
Effective
in 60 days |
||
|
108 |
Nov. 23 |
The
Covered Device Recycling Act prohibits a manufacturer or retailer from
selling or offering to sell a new covered device unless the brand is included
on the list of registered manufacturers and their brands maintained by the
Department of Environmental Protection. "Covered device" is defined
as a covered computer device and covered television device marketed and
intended for use by a consumer. No later than six months after the effective
date, the department shall maintain a list of each registered manufacturer,
the brands of all covered devices reported in each manufacturer's registration
and the brands of covered devices for which no manufacturer has registered
and post the list of the department's website. The legislation requires a
manufacturer of new covered devices to pay a registration fee of $5,000 and
provides for powers and duties of the Department of Environmental Protection.
The Environmental Quality Board is authorized to adjust fees through
regulation. Any manufacturer that fails to label its new covered devices with
a brand may be assessed a penalty of up to $10,000 for the first violation
and up to $25,000 for the second and each subsequent violation in addition to
paying for any fees, payments and penalties. The bill further establishes the
Electronic Materials Recycling Account in the General Fund. All proceeds
resulting from the manufacturer's registration fees, renewal fees, penalties
and judicial actions shall be deposited into the account. The department may
expend the moneys from the account only to carry out the duties imposed on
the department under this act. |
Effective
in 60 days |
|
|
Nov. 23 |
Amends
the Pennsylvania Farmland and Forest Land Assessment Act further providing
for definitions. Further provides the wind power generation system shall
include the foundation of the wind turbine and the area of the surface
covered by appurtenant structures. Also the utilization of a portion of the
land for a wind power generation system shall not invalidate the preferential
assessment if it continues to meet the requirements of section three. The
bill also provides for removal of land from preferential assessment.
Penalties for ineligible use are provided. |
Effective
Immediately |
||
|
Nov. 23 |
Amends
Health Care Facilities Act providing for photo identification tag regulations
by stipulating the department shall promulgate regulations to require each
employee to wear a photo identification tag at all times when the employee is
working. The bill provides for the design of the tag and required information
to be on the tag. Interim regulations are provided for as well as exceptions. |
Effective
in 60 days |
||
|
111 |
Nov. 23 |
Amends
PA Municipalities Planning Code further defining "traditional
neighborhood development"; further providing for grant of power to
municipalities by stipulating that a zoning ordinance may authorize and
provide standards, conditions and regulations for traditional neighborhood
development, for standards and conditions for traditional neighborhood
development designations and for manuals of written and graphic design
guidelines; and providing for subdivision and land development ordinance provisions
applicable to traditional neighborhood development. |
Effective
in 60 days |
|
|
112 |
Nov. 23 |
Amends
Titles 23 (Domestic Relations) and 42 (Judiciary) making comprehensive
revisions of Pennsylvania's child custody laws. Provides a comprehensive list
of factors that the court must consider in awarding custody including; a
determinate of which party is more likely to encourage and permit frequent
and continued contact between the child and the other party; the parental
duties performed by each party on behalf of the child; the need for stability
and continuity in the child's education, family life and community life; the
availability of extended family; and the child's sibling relationships.
Provides for duties of guardians and for the relocation of hearings. The
court is mandated to state on the record its reasons for the custody
decision. Also includes a framework for a judge to use when making decisions
in child relocation cases. |
Effective
in 60 days |
|
|
Nov. 23 |
The
Pennsylvania Agricultural Surplus System Act authorizes the Department of
Agriculture to establish the Pennsylvania Agricultural Surplus System (PASS)
as a system for the Commonwealth's food industry to donate, sell or otherwise
provide food products to the charitable food organizations in existence
within this Commonwealth. Preemption is also provided for. |
Effective
in 60 days |
||
|
Nov. 23 |
Amends
Title 42 (Judiciary and Judicial Procedure) increasing the jurisdictional limits
for the Philadelphia Municipal Court and magisterial district judges to
$12,000. Also, the fifteenth judicial district is allowed to have a court
consisting of 13 judges. This expansion is set to retire on January 6, 2014. |
Effective
in 60 days |
||
|
Nov. 23 |
Amends
Title 42 (Judiciary and Judicial Procedure) further providing for disposition
of dependent children. Provides that prior to entering any order of
disposition that would remove a dependent child from his home, the court
shall enter certain findings on the record or in the court order. Further
provides for visitation for child and sibling and for matters to be
determined at permanency hearing. |
Effective
in 60 days |
||
|
Nov. 23 |
Amends
Title 3 (Agriculture), in domestic animals, by requiring a $150 fee to be
paid for a new license or license renewal. The fees collected shall be placed
in the Cervidae Livestock Operation Account. The bill places limits on the
use of the funds in the account. |
Effective
in 60 days |
||
|
117 |
Nov. 23 |
Act authorizing
the Department of Conservation and Natural Resources, with the approval of
the Governor, to grant and convey to the Canaan Bible Chapel certain lands
situate in South Canaan Township, Wayne County, in exchange for certain
property in South Canaan Township, Wayne County, to be conveyed by the Canaan
Bible Chapel to the Commonwealth of Pennsylvania; authorizing the Department
of General Services, with the approval of the Department of Education and the
Governor, to grant and convey to Marywood University approximately ten acres
including nine buildings and all improvements thereon, known as the Scranton
State School for the Deaf, situate at 1800 N. Washington Avenue in the City
of Scranton and Borough of Dunmore, Lackawanna County; authorizing the Department
of General Services, with the approval of the Governor, to grant and convey
certain lands situate in the 38th Ward of the City of Philadelphia,
Philadelphia County; authorizing the Department of General Services, with the
approval of the Governor and the Department of Public Welfare, to grant and
convey to Frenchcreek Township, Venango County,
approximately 1.15-acres and improvements thereon, together with a 50'
right-of-way, at Polk Center, situate in Polk Borough, Venango County;
authorizing the Pennsylvania Game Commission to transfer, sell and convey
certain Project 70 lands free of restrictions imposed by the Project 70 Land
Acquisition and Borrowing Act; authorizing the release of Project 70
restrictions imposed on certain lands owned by the City of York, York County,
under certain conditions; imposing Project 70 restrictions on certain lands
being conveyed to the City of York; authorizing the Department of General
Services, with the approval of the Governor, to grant and convey to Aloe Brothers
LLC, certain lands situate in South Fayette Township, Allegheny County;
authorizing the Department of General Services, with the approval of the
Governor, to grant and convey to Indiana University of Pennsylvania certain
lands situate in White Township, Indiana County; authorizing the Department
of General Services, with the approval of the Department of Corrections and
the Governor, to dedicate, grant and convey to the Frackville Area Municipal
Authority, a waste water system and appurtenances, together with easements
for public sewer purposes, situate in Ryan Township, Schuylkill County; and
authorizing the sale and transfer of title for Project 70 lands owned by Erie
County to Harborcreek Township, Erie County. |
Effective
Immediately |
|
|
118 |
Nov. 23 |
Amends
Titles 4 (Amusements), 18 (Crimes and Offenses) and 35 (Health and Safety)
consolidating the Public Safety Emergency Telephone Act; further providing
for definitions, for the Wireless E-911 Emergency Services Fund and for
funding for support; providing for a legislative study and for termination;
consolidating statutory provisions relating to firefighters, the State Fire
Commissioner and grants to fire companies and other services; making
editorial changes; and making related repeals. |
Effective
in 60 days |
|
|
Nov. 23 |
The
Children in Foster Care Act specifies the basic rights afforded to foster
children including, but not limited to, treatment with fairness, dignity and
respect; freedom from discrimination; freedom from harassment, corporal
punishment, unreasonable restraint and physical, sexual, emotional and other
abuse; living in a safe, healthy home; proper nourishment and clothing;
access to medical, dental, vision, mental health, behavioral health and drug
and alcohol abuse and addiction services; and permission to visit and have
contact with family members. Also provides for a grievance policy and
procedure; for notice requirements for children in foster care; and provides
for a definition of "corporal punishment". |
Effective
in 120 days |
||
|
120 |
Nov. 23 |
Amends
Titles 24 (Education) and 71 (State Government), in Title 24, further providing
for definitions, for mandatory and optional membership, for contributions by
the Commonwealth, for payments by employers, for actuarial cost method, for
additional supplemental annuities, for further additional supplemental
annuities, for supplemental annuities commencing 1994, for supplemental
annuities commencing 1998, for supplemental annuities commencing 2002, for
supplemental annuities commencing 2003, for administrative duties of board,
for payments to school entities by Commonwealth, for eligibility points for
retention and reinstatement of service credits and for creditable nonschool
service; providing for election to become a Class T-F member; further
providing for classes of service, for eligibility for annuities, for
eligibility for vesting, for regular member contributions, for member
contributions for creditable school service, for contributions for purchase
of credit for creditable nonschool service, for maximum single life annuity,
for disability annuities, for member's options, for duties of board regarding
applications and elections of members and for rights and duties of school
employees and members; providing for Independent Fiscal Office study; in
Title 71, establishing an independent fiscal office and making a related
repeal; further providing for definitions, for credited State service, for
retention and reinstatement of service credits, for creditable nonstate
service and for classes of service; providing for election to become a Class
A-4 member; further providing for eligibility for annuities and for
eligibility for vesting; providing for shared risk member contributions for
Class A-3 and Class A-4 service, further providing for waiver of regular
member contributions and Social Security integration member contributions,
for member contributions for purchase of credit for previous State service or
to become a full coverage member, for contributions for the purchase of
credit for creditable nonstate service, for contributions by the Commonwealth
and other employers, for actuarial cost method, for maximum single life
annuity, for disability annuities and for member's options; providing for
payment of accumulated deductions resulting from Class A-3 service; further
providing for additional supplemental annuities, for further additional
supplemental annuities, for supplemental annuities commencing 1994, for
supplemental annuities commencing 1998, for supplemental annuities commencing
2002, for supplemental annuities commencing 2003, for special supplemental
postretirement adjustment of 2002, for administrative duties of the board,
for duties of board to advise and report to heads of departments and members,
for duties of board regarding applications and elections of members, for
installment payments of accumulated deductions, for rights and duties of
State employees and members, for members' savings account, for State
accumulation account, for State Police Benefit Account, for Enforcement
Officers' Benefit Account, for supplemental annuity account and for
construction of part; and providing for Independent Fiscal Office study, for
retirement eligibility of Pennsylvania State Police officers or members, for
a prohibition on the issuance of pension obligation bonds, for holding
certain public officials harmless, for construction of calculation or
actuarial method, for applicability and for certain operational provisions. |
Effective
Immediately, with exceptions |
|
|
Nov. 23 |
The
Anatomic Pathology Service Disclosure Act outlines disclosure requirements
for anatomic pathology services and provides for penalties. A definition for
"physician" is provided and "physician" replaces
"health care provider" throughout the bill. |
Effective
in 60 days |
||
|
Nov. 23 |
Amends
Title 7 (Banks and Banking) to provide definitions and adds that in order to
qualify for a license exception, the entity must ensure that all mortgage
brokers and originators are licensed. A seller or holder of an installment
sales contract for a manufactured home must be licensed by a mortgage
originator, register with the department, and comply with other requirements
in order to be excepted from the licensing requirements. |
Effective
Immediately |
||
|
123 |
Nov. 23 |
Amends
Public School Code to require the denial of a teaching certificate to anyone who
cannot pass a physical or mental examination conducted by a physician,
physician's assistant, or certified nurse practitioner. Also, a teaching
certificate may not be issued to anyone who engages in the illegal use of
drugs or alcoholic beverages. Also contains provisions relating to high
school closures in school districts of the third class and the transfer of
the students in the closed high school. |
Effective
Immediately |
|
|
124 |
Nov. 23 |
Amends
the Sign Language Interpreter & Transliterator State Registration Act
adding language providing an individual may apply to the Office for the Deaf
and Hearing Impaired for a provisional registration to be a sign language
interpreter or transliterator. The legislation
outlines the qualifications for provisional registration, renewal, fees and
surrender of provisional registration. |
Effective
Immediately |
|
|
Nov. 23 |
Amends
Titles 3 (Agriculture) & 18 (Crimes & Offenses) providing for
definitions of "agricultural biosecurity area" and for "posted
notice"; and further providing for keeping and handling domestic
animals, ecoterrorism and trespassing by incorporating language related to
agricultural biosecurity areas. Grading of the offense is also provided. |
Effective
Immediately |
||
|
Nov. 23 |
Amends
the Pennsylvania Amber Alert System Law to require the Pennsylvania State
Police to establish and maintain the Missing Endangered Person Advisory
System to assist in the recovery of missing persons who are at special risk
of harm or injury, through prompt notification to the general public,
appropriate law enforcement authorities and other agencies. The legislation
outlines how the system would be used and provides for prohibited uses of
both systems. |
Effective
in 60 days |