Pennsylvania Act 1990-67 — ADMINISTRATIVE CODE OF 1929 - OMNIBUS AMENDMENTS

Act text

Session of 1990

No. 1990-67

AN ACT

HB 406

Amending the act of April 9, 1929 (P.L.177, No.175), entitled "An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined," authorizing the Comptroller of the House of Representatives to make certain lapses; further providing for fees collected by administrative agencies; prohibiting the incarceration of civilian prisoners at military installations; requiring the Department of Transportation to do certain work on manhole covers, drains and other devices at the time a road is repaired or resurfaced at the cost of the utility, municipality or authority owner; authorizing the waiver of the realty transfer tax in certain cases by the Department of Revenue; further providing for the powers of the Department of General Services and the Department of Revenue; transferring the Pennsylvania Conservation Corps from the Department of Environmental Resources to the Department of Labor and Industry and continuing its existence; and making repeals.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 621 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, is amended by adding a subsection to read:

Section 621. Lapsing of Funds.--* * *

(n) During the first ten (10) days of the fiscal period beginning July 1, 1990, the Comptroller of the House of Representatives shall forward lapse documents to the State Treasurer for at least twenty-seven million dollars ($27,000,000) of prior year continuing appropriations of the House of Representatives. This subsection shall expire September 30, 1990.

Section 2. Section 602-A of the act is amended by adding clauses to read:

Section 602-A. Department of Agriculture.--The Department of Agriculture is authorized to charge fees for the following purposes and in the following amounts:

---

Section 3. Sections 603-A and 606-A of the act, added July 1, 1981 (P.L.143, No.48), are amended to read:

Section 603-A. Department of Banking.--The Department of Banking is authorized to charge fees for the following purposes and in the following amounts:

Section 606-A. Department of Education.--The Department of Education is authorized to charge fees for the following purposes and in the following amounts:

Section 4. Section 607-A(1) and (2) of the act, added July 1, 1981 (P.L.143, No.48), are amended and the section is amended by adding clauses to read:

Section 607-A. Department of Environmental Resources.--The Department of Environmental Resources is authorized to charge fees for the following purposes and in the following amounts:

Section 5. Section 609-A of the act is amended by adding a clause to read:

Section 609-A. Department of Health.--The Department of Health is authorized to charge fees for the following purposes and in the following amounts:

---

Section 6. Sections 612-A and 614-A of the act, added July 1, 1981 (P.L.143, No.48), are amended to read:

Section 612-A. Insurance Department.--The Insurance Department is authorized to charge fees for the following purposes and in the following amounts:

Section 614-A. Liquor Control Board.--The Pennsylvania Liquor Control Board is authorized to charge fees for the following purposes and in the following amounts:

Section 7. Section 615-A of the act is amended by adding clauses to read:

Section 615-A. Pennsylvania Securities Commission.--The Pennsylvania Securities Commission is authorized to charge fees for the following purposes and in the following amounts:

---

Section 8. Section 616-A of the act, added July 1, 1981 (P.L.143, No.48), is amended to read:

Section 616-A. Pennsylvania State Police.--The Pennsylvania State Police are authorized to charge fees for the following purposes and in the following amounts:

Section 9. The act is amended by adding sections to read:

S ection 618-A. Department of State.--The Department of State is authorized to charge fees for the following purposes and in the following amounts:

Section 619-A. Department of Transportation.--The Department of Transportation is authorized to charge fees for the following purposes and in the following amounts:

Section 1417. Incarceration of Civilian Prisoners Prohibited.--Civilian prisoners, either pending trial or appeal or after sentencing, shall not be incarcerated at any military reservation, base or facility within Pennsylvania, whether owned by the Federal or State Government, on a temporary or permanent basis.

Section 10. Section 2005 of the act is amended by adding a clause to read:

Section 2005. General Road Improvement.--The Department of Transportation shall have the power, and its duty shall be:

---

(g) To take responsibility for bringing all manhole covers, drains and other surface devices up to the grade level or other appropriate level at the time any State highway is reconstructed, repaired or resurfaced.

(1) The department shall give advance notice of the project to the utility owner and offer the owner the opportunity to undertake the improvements required under this clause. Such advance notice shall be commensurate with the nature and scope of the improvements to be performed by the utility owner within such time as may be determined by the department.

(2) If the owner does not make the improvements within such time as may be determined by the department, the department may perform or cause to be performed the work as required under such terms as may be acceptable to the department. In construing the provisions of this section, time shall be deemed to be of the essence. Costs incurred may be charged to the owner if the owner is not entitled to reimbursement under section 412 or 412.1 of the act of June 1, 1945 (P.L.1242, No.428), known as the "State Highway Law."

(3) If the owner is a municipality, the department may deduct the costs from any liquid fuel tax payments which shall become due the municipality, but only after notice to the municipality of the amount of the costs and a request for the payment of same.

(4) If the owner is a municipal authority, the department shall have the authority not to issue the municipal authority any highway occupancy permit if the costs incurred by the department for performing the work remain unpaid.

(5)(i) Nothing in this subsection shall be construed to impair, suspend, contract, enlarge, extend or affect in any manner the powers and duties of the Pennsylvania Public Utility Commission as provided in 66 Pa.C.S. §§ 2702 (relating to construction, relocation, suspension and abolition of crossings), 2703 (relating to ejectment in crossing cases) and 2704 (relating to compensation for damages occasioned by construction, relocation or abolition of crossings).

(ii) For purposes of this clause, the term "utility owner" or "owner" shall not include any utility regulated by the Pennsylvania Public Utility Commission.

Section 11. The act is amended by adding sections to read:

Section 2216. Pennsylvania Conservation Corps.--The Pennsylvania Conservation Corps shall be a part of the Department of Labor and Industry. The department shall have the power, and its duty shall be, to administer the act of July 2, 1984 (P.L.561, No.112) , known as the "Pennsylvania Conservation Corps Act." The Pennsylvania Conservation Corps and the program under the "Pennsylvania Conservation Corps Act" shall expire June 30, 1994.

Section 2401.1a. Restrictions on Powers of the Department of General Services.--The provisions of section 2401.1(19) shall not apply to additional capital projects in the category of public improvement projects to be acquired or constructed by the Department of General Services for the program development and design of prototypical one thousand-cell facilities to be used in construction of a facility in Clearfield County and other State prison projects itemized in the act of July 1, 1990 (P.L.315, No.71) , known as the "Prison Facilities Improvement Act."

Section 2504. Space on Form for Contributions.--(a) The Department of Revenue shall provide a space on the face of the individual income tax return form whereby an individual may voluntarily designate a contribution of any amount desired to the United States Olympic Committee, Pennsylvania Division.

(b) The amount so designated by an individual on the income tax return form shall be deducted from the tax refund to which such individual is entitled and shall not constitute a charge against the income tax revenues due the Commonwealth.

(c) The Department of Revenue shall determine annually the total amount designated pursuant to this section, less reasonable administrative costs, and shall report such amount to the State Treasurer, who shall transfer such amount from the General Fund to the United States Olympic Committee, Pennsylvania Division.

Section 2505. Waiver of Realty Transfer Tax.--The Department of Revenue may, in the case of a transfer of real property from the Commonwealth to a nonprofit organization where that organization will utilize the property for a drug or alcohol abuse rehabilitation program, waive the collective of the realty transfer tax imposed under Article XI-C of the act of March 4, 1971 (P.L.6, No.2) , known as the "Tax Reform Code of 1971."

Section 12. There are transferred from the Department of Environmental Resources to the Department of Labor and Industry all of the following:

(1) The property, supplies, equipment and records being used in the administration of the act of July 2, 1984 (P.L.561, No.112), known as the Pennsylvania Conservation Corps Act.

(2) The personnel employed in the administration of the Pennsylvania Conservation Corps Act.

(3) The unexpended balances of appropriations, allocations and other funds available under the Pennsylvania Conservation Corps Act.

(4) The rights and obligations of contracts entered into under the Pennsylvania Conservation Corps Act.

Section 13. The regulations of the Department of Environmental Resources promulgated under the act of July 2, 1984 (P.L.561, No.112), known as the Pennsylvania Conservation Corps Act, shall remain valid until amended or deleted by the Department of Labor and Industry.

Section 14. Section 13 of the act of July 2, 1984 (P.L.561, No.112), known as the Pennsylvania Conservation Corps Act, is repealed.

Section 15. The following acts or parts of acts are repealed insofar as they relate to fee payments:

Section 3 of the act of May 22, 1933 (P.L.912, No.168), referred to as the Bakery Law.

Section 6 of the act of April 6, 1937 (P.L.200, No.51), known as the Pawnbrokers License Act.

Section 2 of the act of May 20, 1949 (P.L.1511, No.455), referred to as the Cold Storage Warehouse Food Law.

Section 10 of the act of January 18, 1952 (1951 P.L.2128, No.605), referred to as the Private Driver Education or Training School Act.

Section 5 of the act of August 21, 1953 (P.L.1323, No.373), known as The Notary Public Law.

Section 3 of the act of July 5, 1957 (P.L.485, No.276), entitled "An act for the protection of the public health and welfare, and the prevention of fraud and deception in the manufacture or sale of packaged non-alcoholic drinks; prohibiting the sale, offering or exposing for sale, exchange or giving away thereof unless registered; providing for licensing of places of manufacture; regulating the manufacture, compounding, labeling, sanitation and ingredients of non-alcoholic drinks, and the display of presses of fruit; prohibiting misbranding and adulteration of registered and non-registered non-alcoholic drinks; authorizing promulgation of rules, regulations and standards, and providing for penalties and for injunctions in certain cases, and the disposition of fees and fines."

Section 7 of the act of September 1, 1965 (P.L.420, No.215), known as The Frozen Dessert Law.

Section 6 and as much of section 6(a) as reads "but such revenues shall not exceed one hundred sixty thousand dollars ($160,000) for any one year" of the act of September 1, 1965 (P.L.436, No.221), known as the Pennsylvania Commercial Feed Law of 1966.

Section 6 of the act of September 2, 1965 (P.L.490, No.249), referred to as the Money Transmission Business Licensing Law.

The act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.

The act of July 12, 1972 (P.L.769, No.182), entitled "An act relating to certain documents, prescribing the fees for the Department of State and certain public officers, permitting the filing of certain documents appropriating the exclusive right to a corporate name, repealing the excise tax on the capital stock of domestic corporations and repealing inconsistent acts."

Section 602(b) and (d) of the act of December 5, 1972 (P.L.1280, No.284), known as the Pennsylvania Securities Act of 1972.

Section 807 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

Section 5 of the act of December 12, 1980 (P.L.1179, No.219), known as the Secondary Mortgage Loan Act.

Section 402(d)(1) of the act of July 10, 1984 (P.L.688, No.147), known as the Radiation Protection Act.

Section 5 of the act of December 22, 1989 (P.L.687, No.90), known as the Mortgage Bankers and Brokers Act.

Section 16. The following acts and parts of acts are repealed insofar as they are inconsistent with this act:

Section 12 of the act of June 23, 1982 (P.L.597, No.170), known as the Wild Resource Conservation Act.

Sections 2 and 3 of the act of July 2, 1984 (P.L.561, No.112), known as the Pennsylvania Conservation Corps Act.

Section 17. If this act is enacted after July 1, 1990, sections 2 (section 602-A), 3 (sections 603-A and 606-A), 4 (section 607-A(1) and (2)), 5 (section 609-A), 6 (sections 612-A and 614-A), 7 (section 615-A), 8 (section 616-A) and 9 (section 618-A) shall apply retroactively to July 1, 1990.

Section 18. The provisions of section 2504 shall apply to taxable years beginning January 1, 1990, and January 1, 1991, and shall expire thereafter unless reenacted.

Section 19. This act shall take effect immediately.

APPROVED--The 1st day of July, A. D. 1990.

ROBERT P. CASEY