PRIOR PRINTER'S NO. 663 PRINTER'S NO. 2160
No. 607 Session of 2001
INTRODUCED BY ROSS, MARSICO, ADOLPH, ALLEN, ARGALL, ARMSTRONG,
J. BAKER, M. BAKER, BARLEY, BARRAR, BASTIAN, BELFANTI,
BENNINGHOFF, BOYES, BUNT, BUXTON, CALTAGIRONE, CAPPABIANCA,
CAPPELLI, CIVERA, CLARK, CLYMER, L. I. COHEN, M. COHEN,
COLAFELLA, COLEMAN, CORNELL, CORRIGAN, COY, CREIGHTON, CURRY,
DAILEY, DALEY, DALLY, DeWEESE, EGOLF, J. EVANS, FAIRCHILD,
FEESE, FICHTER, FLEAGLE, FLICK, FORCIER, FRANKEL, GABIG,
GEIST, GEORGE, GODSHALL, GORDNER, GRUCELA, HARHAI, HARHART,
HENNESSEY, HERMAN, HERSHEY, HESS, HUTCHINSON, JADLOWIEC,
LAUGHLIN, LEDERER, LEH, LEWIS, LYNCH, MACKERETH, MAITLAND,
MAJOR, MANDERINO, McCALL, McGILL, McILHATTAN, McNAUGHTON,
R. MILLER, S. MILLER, NAILOR, NICKOL, ORIE, PETRARCA,
PHILLIPS, PICKETT, PIPPY, RAYMOND, READSHAW, RUBLEY, SAINATO,
SAMUELSON, SANTONI, SATHER, SAYLOR, SCHRODER, SCHULER,
SCRIMENTI, SEMMEL, SHANER, B. SMITH, S. H. SMITH, SOLOBAY,
STABACK, STEELMAN, STEIL, STERN, R. STEVENSON, TANGRETTI,
E. Z. TAYLOR, TIGUE, TRELLO, TULLI, VANCE, WALKO, WATSON,
C. WILLIAMS, WILT, WOGAN, YEWCIC, YOUNGBLOOD, ZIMMERMAN, ZUG
AND YUDICHAK, FEBRUARY 8, 2001
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 11, 2001
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
1 and commissions; and prescribing the manner in which the
2 number and compensation of the deputies and all other
3 assistants and employes of certain departments, boards and
4 commissions shall be determined," further providing for the
5 Pennsylvania State Police AND FOR FURNISHING LISTS OF <--
6 EMPLOYEES TO CERTAIN STATE OFFICERS; PROVIDING FOR THE
7 LICENSING AS INSURERS OF PUBLIC UTILITIES AND OFFICERS AND
8 EMPLOYEES OF PUBLIC UTILITIES AND FOR AMBULATORY SURGICAL
9 FACILITY EXTENDED STAY STANDARDS; FURTHER PROVIDING FOR
10 DEPUTY SECRETARIES OF THE DEPARTMENT OF TRANSPORTATION;
11 PROVIDING FOR PARTICIPATION BY QUALIFIED TAX-EXEMPT
12 ORGANIZATIONS IN CERTAIN PURCHASE CONTRACTS WITH THE
13 DEPARTMENT OF GENERAL SERVICES; AND MAKING A REPEAL.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 205(b) of the act of April 9, 1929
17 (P.L.177, No.175), known as The Administrative Code of 1929,
18 amended July 11, 1991 (P.L.73, No.12), is amended to read:
19 Section 205. Pennsylvania State Police.--* * *
20 (b) The State Police Force shall consist of such number of
21 officers and [men] PERSONS, and shall be organized in such <--
22 manner, as the Commissioner of Pennsylvania State Police, with
23 the approval of the Governor, shall from time to time
24 determine[: Provided, however, That the number of officers and
25 men shall not exceed in the aggregate at any time three thousand
26 nine hundred and forty persons. State policemen, both officers
27 and men, assigned to duty with the Pennsylvania Turnpike
28 Commission or assigned to duty as resident State troopers, shall
29 not be counted in determining the total number of officers and
30 men in the State Police Force].
31 * * *
32 Section 2. This act shall take effect in 60 days. <--
33 SECTION 2. SECTION 614(A) AND (C) OF THE ACT, AMENDED <--
34 NOVEMBER 26, 1997 (P.L.530, NO.57), ARE AMENDED TO READ:
35 SECTION 614. LIST OF EMPLOYES TO BE FURNISHED TO CERTAIN
36 STATE OFFICERS.--(A) ALL ADMINISTRATIVE DEPARTMENTS, BOARDS,
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1 AND COMMISSIONS AND THE ATTORNEY GENERAL SHALL ON JULY 15 OF
2 EACH YEAR, TRANSMIT TO THE AUDITOR GENERAL, THE STATE TREASURER
3 AND SECRETARY OF THE BUDGET A COMPLETE LIST, AND TO THE
4 LEGISLATIVE DATA PROCESSING CENTER A COMPUTER TAPE OF SUCH LIST,
5 AS OF JULY 1 PRECEDING, OF THE NAMES OF ALL PERSONS, EXCEPT DAY-
6 LABORERS, ENTITLED TO RECEIVE COMPENSATION FROM THE COMMONWEALTH
7 FOR SERVICES RENDERED IN OR TO THE DEPARTMENT, BOARD, OR
8 COMMISSION, AS THE CASE MAY BE. SUCH LIST SHALL SHOW THE
9 POSITION OCCUPIED BY EACH SUCH PERSON, THE DATE OF BIRTH AND
10 VOTING RESIDENCE OF SUCH PERSON, THE SALARY AT WHICH OR OTHER
11 BASIS UPON WHICH SUCH PERSON IS ENTITLED TO BE PAID, THE DATE
12 WHEN SUCH PERSON ENTERED THE SERVICE OF THE COMMONWEALTH,
13 WHETHER SUCH PERSON HAS BEEN CONTINUOUSLY EMPLOYED BY THE
14 COMMONWEALTH SINCE THAT DATE, AND ALL PERIODS OF SERVICE AND
15 POSITIONS HELD AS AN EMPLOYE OF THE COMMONWEALTH, OR SUCH PART
16 OF SUCH INFORMATION AS THE GOVERNOR MAY PRESCRIBE.
17 NOTWITHSTANDING THE PRECEDING REQUIREMENT, THE LISTS OF PERSONS
18 FURNISHED BY THE DEPARTMENT OF CORRECTIONS, THE BOARD OF
19 PROBATION AND PAROLE AND THE PARDONS BOARD SHALL ALSO LIST THE
20 COUNTY OF RESIDENCE OF EACH PERSON.
21 * * *
22 (C) THE INFORMATION RECEIVED BY THE AUDITOR GENERAL, THE
23 STATE TREASURER AND THE SECRETARY OF THE BUDGET, UNDER THIS
24 SECTION, SHALL BE PUBLIC INFORMATION[.], EXCEPT THAT THE
25 INFORMATION IDENTIFYING THE VOTING RESIDENCE OF THE PERSONS
26 FURNISHED BY THE DEPARTMENT OF CORRECTIONS, THE BOARD OF
27 PROBATION AND PAROLE AND THE PARDONS BOARD IS NOT PUBLIC
28 INFORMATION AND MAY NOT BE TREATED AS SUCH.
29 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
30 SECTION 1503. LICENSING OF PUBLIC UTILITIES; OFFICERS AND
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1 EMPLOYES.--(A) AS USED IN THIS SECTION:
2 "PUBLIC UTILITY" MEANS A PRIVATE EMPLOYER SUBJECT TO THE
3 JURISDICTION OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AND
4 ENGAGED IN THE BUSINESS OF RENDERING ELECTRIC, GAS, WATER AND
5 STEAM HEAT SERVICES TO THE PUBLIC IN THIS COMMONWEALTH:
6 PROVIDED, HOWEVER, THAT THE TERM "PUBLIC UTILITY" SHALL NOT
7 INCLUDE RURAL ELECTRIFICATION COOPERATIVES.
8 "PUBLIC UTILITY HOLDING COMPANY" MEANS AND INCLUDES A HOLDING
9 COMPANY AS DEFINED IN TITLE 15, UNITED STATES CODE, SECTION 79B
10 (A), INCLUDING ELECTRIC, GAS, WATER AND STEAM HEAT SERVICES.
11 (B) NO PUBLIC UTILITY OR ANY SUBSIDIARY OR AFFILIATE OF A
12 PUBLIC UTILITY MAY, DIRECTLY OR INDIRECTLY, BE LICENSED OR
13 ADMITTED AS AN INSURER OR BE LICENSED TO SELL INSURANCE IN THIS
14 STATE EITHER AS A BROKER OR AS AN AGENT. AN OFFICER OR EMPLOYE
15 OF A PUBLIC UTILITY OR ANY SUBSIDIARY OF A PUBLIC UTILITY MAY BE
16 LICENSED TO SELL INSURANCE EITHER AS A BROKER OR AN AGENT
17 PROVIDED THAT HE MAY NOT:
18 (1) ENGAGE IN THE SALE OR SOLICITATION OF INSURANCE ON THE
19 PREMISES OF THE PUBLIC UTILITY OR ITS SUBSIDIARIES OR
20 AFFILIATES.
21 (2) ENGAGE IN THE SALE OR SOLICITATION OF INSURANCE WHILE
22 CARRYING OUT ANY DUTIES AS AN EMPLOYE OF THE PUBLIC UTILITY OR
23 ITS SUBSIDIARIES OR AFFILIATES.
24 (3) UTILIZE INFORMATION CONTROLLED OR IN POSSESSION OF A
25 PUBLIC UTILITY OR ITS SUBSIDIARIES OR AFFILIATES TO COERCE,
26 INFLUENCE OR ENGAGE IN THE SALE OR SOLICITATION OF INSURANCE.
27 (C) THE INSURANCE COMMISSIONER IS AUTHORIZED TO PROMULGATE
28 REGULATIONS IN ORDER TO EFFECTUATE THE PURPOSES OF THIS SECTION,
29 WHICH ARE TO HELP MAINTAIN THE SEPARATION BETWEEN PUBLIC
30 UTILITIES AND THE INSURANCE BUSINESS AND TO MINIMIZE THE
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1 POSSIBILITIES OF UNFAIR COMPETITIVE PRACTICES BY PUBLIC
2 UTILITIES AGAINST INSURANCE COMPANIES, AGENTS AND BROKERS.
3 SECTION 4. SECTION 2001.3(A) OF THE ACT, AMENDED JUNE 22,
4 1982 (P.L.573, NO.166), IS AMENDED TO READ:
5 SECTION 2001.3. DEPUTY SECRETARIES.--(A) THE SECRETARY OF
6 TRANSPORTATION SHALL APPOINT, WITH THE APPROVAL OF THE GOVERNOR,
7 SIX DEPUTY SECRETARIES WHO SHALL HAVE THE TITLE OF DEPUTY
8 SECRETARY FOR ADMINISTRATION, DEPUTY SECRETARY FOR HIGHWAY
9 ADMINISTRATION, DEPUTY SECRETARY FOR [SAFETY ADMINISTRATION]
10 DRIVER AND VEHICLE SERVICES, DEPUTY SECRETARY FOR PLANNING,
11 DEPUTY SECRETARY FOR LOCAL AND AREA TRANSPORTATION AND DEPUTY
12 SECRETARY FOR AVIATION, RAIL FREIGHT, PORTS AND WATERWAYS.
13 * * *
14 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
15 SECTION 2126. AMBULATORY SURGICAL FACILITY EXTENDED STAY
16 STANDARDS.--(A) AS USED IN THIS SECTION, THE FOLLOWING WORDS
17 AND PHRASES SHALL HAVE THE MEANING GIVEN TO THEM IN THIS
18 SUBSECTION:
19 "AMBULATORY SURGICAL FACILITY" SHALL MEAN A FACILITY OR
20 PORTION THEREOF NOT LOCATED UPON THE PREMISES OF A HOSPITAL
21 WHICH PROVIDES SPECIALTY OR MULTISPECIALTY SURGICAL TREATMENT TO
22 PATIENTS WHO DO NOT REQUIRE HOSPITALIZATION, BUT WHO REQUIRE
23 CONSTANT MEDICAL SUPERVISION FOR A PERIOD LESS THAN TWENTY-FOUR
24 (24) HOURS FOLLOWING DISCHARGE FROM THE OPERATING ROOM. THE TERM
25 DOES NOT INCLUDE INDIVIDUAL OR GROUP PRACTICE OFFICES OF PRIVATE
26 PHYSICIANS OR DENTISTS, UNLESS SUCH OFFICES HAVE A DISTINCT PART
27 USED SOLELY FOR OUTPATIENT SURGICAL TREATMENT ON A REGULAR AND
28 ORGANIZED BASIS.
29 "EXTENDED STAY" SHALL MEAN A STAY IN AN EXTENDED STAY UNIT AT
30 THE AMBULATORY SURGICAL FACILITY AFTER DISCHARGE FROM THE POST-
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1 ANESTHESIA UNIT.
2 (B) EXCEPT AS PROVIDED IN SUBSECTION (A), ALL OTHER WORDS
3 AND PHRASES USED IN THIS SECTION SHALL HAVE THE MEANING GIVEN TO
4 THEM IN THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE
5 "HEALTH CARE FACILITIES ACT."
6 (C) WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
7 SECTION, THE DEPARTMENT OF HEALTH SHALL PUBLISH IN THE
8 PENNSYLVANIA BULLETIN PROPOSED REGULATIONS ESTABLISHING REVISED
9 STANDARDS FOR LICENSURE OF AMBULATORY SURGICAL FACILITIES
10 PROVIDING EXTENDED STAY SERVICES TO PATIENTS, OTHER THAN
11 PEDIATRIC PATIENTS, INCLUDING, BUT NOT LIMITED TO:
12 (1) SUFFICIENT BED ACCOMMODATIONS AND ACCESS TO A BATHROOM
13 WITH A SHOWER.
14 (2) FIRE AND SAFETY STANDARDS.
15 (3) PERSONNEL AND EQUIPMENT REQUIREMENTS.
16 (4) REQUIRING AN ANESTHETIST TO REMAIN PRESENT UNTIL A
17 PATIENT HAS BEEN DISCHARGED FROM THE POST-ANESTHESIA RECOVERY
18 UNIT.
19 (5) REQUIRING A PHYSICIAN TO BE ON CALL UNTIL THE PATIENT IS
20 DISCHARGED FROM THE EXTENDED STAY UNIT.
21 (6) REQUIRING THE PROVISION OF DIETARY SERVICES DIRECTLY OR
22 THROUGH A CONTRACTED VENDOR.
23 (7) REQUIRING THAT NOT MORE THAN FOUR (4) PATIENTS RECEIVE
24 EXTENDED STAY SERVICES AT ANY ONE TIME.
25 (D) IN NO EVENT SHALL THE TOTAL TIME IN A POST-ANESTHESIA
26 UNIT OR EXTENDED STAY UNIT EXCEED TWENTY-THREE (23) HOURS AND
27 FIFTY-NINE (59) MINUTES FOLLOWING DISCHARGE FROM THE OPERATING
28 ROOM.
29 (E) THE STANDARDS REQUIRED BY THIS SECTION SHALL BE
30 CONSISTENT WITH CURRENT STANDARDS FOR AMBULATORY SURGICAL
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1 FACILITIES, INCLUDING STANDARDS FOR CONSTRUCTION, AND NOT
2 INPATIENT FACILITIES, SUCH AS HOSPITALS, HOSPICES AND LONG-TERM
3 CARE NURSING FACILITIES AND SHALL APPROPRIATELY REFLECT THE
4 LESSER INTENSITY OF SERVICES AND THE BETTER HEALTH OF AMBULATORY
5 SURGICAL FACILITY PATIENTS AS COMPARED TO HOSPITAL PATIENTS.
6 (F) THE ADOPTION OF STANDARDS FOR EXTENDED STAY UNITS IN
7 AMBULATORY SURGICAL FACILITIES SHALL NOT BE CONSTRUED AS
8 AUTHORIZING AMBULATORY SURGICAL PROCEDURES TO GENERALLY EXCEED A
9 TOTAL OF FOUR (4) HOURS OF OPERATING TIME AND A TOTAL OF FOUR
10 (4) HOURS OF DIRECTLY SUPERVISED RECOVERY IN A POST-ANESTHESIA
11 UNIT.
12 SECTION 6. SECTION 2401.1 OF THE ACT IS AMENDED BY ADDING A
13 PARAGRAPH TO READ:
14 SECTION 2401.1. SPECIFIC POWERS OF THE DEPARTMENT OF GENERAL
15 SERVICES.--IN ADDITION TO ALL OTHER POWERS AND DUTIES SET FORTH
16 IN THIS ACT, THE DEPARTMENT OF GENERAL SERVICES SHALL HAVE THE
17 POWER, AND ITS DUTY SHALL BE:
18 * * *
19 (22) TO AUTHORIZE QUALIFIED TAX-EXEMPT ORGANIZATIONS TO
20 SUBMIT THEIR REQUESTS FOR THE PURCHASES OF MATERIALS, SUPPLIES
21 AND EQUIPMENT TO THE SUBDIVISION IN WHICH ITS PRINCIPAL OFFICE
22 IS LOCATED FOR INCLUSION IN PURCHASE CONTRACTS ENTERED INTO WITH
23 THE DEPARTMENT. ANY SUCH ORGANIZATION'S REQUESTS MAY BE INCLUDED
24 BY THE POLITICAL SUBDIVISION IN WHICH THE ORGANIZATION'S
25 PRINCIPAL OFFICE IS LOCATED IF ACCOMPANIED BY THE AGREEMENT OF
26 THE ORGANIZATION MAKING THE REQUEST THAT IT WILL BE BOUND BY THE
27 TERMS AND CONDITIONS PRESCRIBED BY THE POLITICAL SUBDIVISION AND
28 THAT IT WILL BE RESPONSIBLE FOR PAYMENT DIRECTLY TO THE VENDOR
29 UNDER EACH PURCHASE CONTRACT. IT SHALL BE THE DUTY OF THE
30 POLITICAL SUBDIVISION IN WHICH THE ORGANIZATION'S PRINCIPAL
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1 OFFICE IS LOCATED TO VERIFY TO ITS SATISFACTION THE ELIGIBILITY
2 OF A QUALIFIED TAX-EXEMPT ORGANIZATION TO PARTICIPATE IN THIS
3 PROGRAM. FOR THE PURPOSE OF THIS PARAGRAPH, THE TERM "QUALIFIED
4 TAX-EXEMPT ORGANIZATION" SHALL MEAN AN ORGANIZATION WHICH IS
5 EXEMPT FROM FEDERAL TAXATION UNDER SECTION 501(C)(3) OF THE
6 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 1
7 ET SEQ.) AND WHICH DERIVES AT LEAST SIXTY-FIVE PER CENTUM (65%)
8 OF ITS INCOME FROM FEDERAL, STATE AND LOCAL GOVERNMENTAL
9 SOURCES.
10 SECTION 7. (A) SECTION 641 OF THE ACT OF MAY 17, 1921
11 (P.L.789, NO.285), KNOWN AS THE INSURANCE DEPARTMENT ACT OF
12 1921, IS REPEALED.
13 (B) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
14 THEY ARE INCONSISTENT WITH THE AMENDMENT OF SECTION 2401.1 OF
15 THE ACT.
16 SECTION 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
17 (1) THE AMENDMENT OF SECTIONS 614 AND 2001.3 OF THE ACT
18 SHALL TAKE EFFECT IMMEDIATELY.
19 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
20 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
21 DAYS.
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