PRIOR PRINTER'S NOS. 1283, 1479 PRINTER'S NO. 1753
No. 1092 Session of 2003
INTRODUCED BY GEIST, McCALL, BAKER, BALDWIN, BEBKO-JONES,
BELFANTI, BROWNE, BUNT, CAPPELLI, CRAHALLA, DALEY, DeLUCA,
DERMODY, DeWEESE, EACHUS, GOODMAN, GORDNER, GRUCELA, HARHAI,
HARPER, HERMAN, JAMES, KOTIK, LaGROTTA, LAUGHLIN, LEACH,
MARKOSEK, PHILLIPS, ROBERTS, SANTONI, SAYLOR, SCHRODER,
SHANER, STERN, E. Z. TAYLOR, TIGUE, WALKO, WASHINGTON,
WATSON, WILT, WOJNAROSKI, YOUNGBLOOD, MAHER, STAIRS, THOMAS
AND CORRIGAN, APRIL 8, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 7, 2003
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,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," ESTABLISHING THE OFFICE OF <--
21 CONSUMER ADVOCATE FOR INSURANCE AS AN INDEPENDENT OFFICE
22 WITHIN THE OFFICE OF ATTORNEY GENERAL AND PRESCRIBING ITS
23 POWERS AND DUTIES; AND providing for deputy secretaries in
24 the Department of Transportation.
25 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 2001.3(a), (c), (d) and (g) of the act of <--
3 April 9, 1929 (P.L.177, No.175), known as The Administrative
4 Code of 1929, amended June 22, 1982 (P.L.573, No.166), are
5 amended and the section is amended by adding a subsection to
6 read:
7 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
8 AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING AN
9 ARTICLE TO READ:
10 ARTICLE IX-C
11 OFFICE OF CONSUMER ADVOCATE FOR INSURANCE
12 SECTION 901-C. DEFINITIONS.--AS USED IN THIS ARTICLE:
13 "CONSUMER" MEANS ANY PERSON WHO IS A NAMED INSURED, INSURED
14 OR BENEFICIARY OF A POLICY OF INSURANCE OR ANY OTHER PERSON WHO
15 MAY BE AFFECTED IN ANY WAY BY THE INSURANCE DEPARTMENT'S
16 EXERCISE OF OR THE FAILURE TO EXERCISE ITS AUTHORITY.
17 "DEPARTMENT" MEANS THE INSURANCE DEPARTMENT OF THE
18 COMMONWEALTH AND INCLUDES THE INSURANCE COMMISSIONER.
19 "FUND" MEANS THE CONSUMER ADVOCATE FOR INSURANCE FUND
20 ESTABLISHED PURSUANT TO SECTION 906-C.
21 "INSURER" MEANS ANY "COMPANY," "ASSOCIATION" OR "EXCHANGE" AS
22 SUCH TERMS ARE DEFINED IN SECTION 101 OF THE ACT OF MAY 17, 1921
23 (P.L.789, NO.285), KNOWN AS "THE INSURANCE DEPARTMENT ACT OF
24 1921" OR ANY ENTITY SUBJECT TO 40 PA.C.S. CH. 61 (RELATING TO
25 HOSPITAL PLAN CORPORATIONS) OR 63 (RELATING TO PROFESSIONAL
26 HEALTH SERVICES PLAN CORPORATIONS) OR ARTICLE XXIV OF "THE
27 INSURANCE DEPARTMENT ACT OF 1921" OR THE ACT OF DECEMBER 29,
28 1972 (P.L.1701, NO.364), KNOWN AS THE "HEALTH MAINTENANCE
29 ORGANIZATION ACT."
30 SECTION 902-C. OFFICE OF CONSUMER ADVOCATE FOR INSURANCE.--
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1 (A) THERE IS HEREBY ESTABLISHED AS AN INDEPENDENT OFFICE WITHIN
2 THE OFFICE OF ATTORNEY GENERAL AN OFFICE OF CONSUMER ADVOCATE
3 FOR INSURANCE APPOINTED BY THE ATTORNEY GENERAL TO REPRESENT THE
4 INTEREST OF CONSUMERS BEFORE THE DEPARTMENT.
5 (B) THE OFFICE OF CONSUMER ADVOCATE FOR INSURANCE SHALL BE
6 HEADED BY THE CONSUMER ADVOCATE FOR INSURANCE APPOINTED BY THE
7 ATTORNEY GENERAL WHO BY REASON OF TRAINING, EXPERIENCE AND
8 ATTAINMENT IS QUALIFIED TO REPRESENT THE INTEREST OF CONSUMERS.
9 COMPENSATION SHALL BE SET BY THE EXECUTIVE BOARD.
10 (C) NO INDIVIDUAL WHO SERVES AS A CONSUMER ADVOCATE FOR
11 INSURANCE SHALL, WHILE SERVING IN THE POSITION, ENGAGE IN ANY
12 BUSINESS, VOCATION OR OTHER EMPLOYMENT, OR HAVE OTHER INTERESTS,
13 INCONSISTENT WITH THE OFFICIAL RESPONSIBILITIES, NOR SHALL THE
14 INDIVIDUAL SEEK OR ACCEPT EMPLOYMENT NOR RENDER BENEFICIAL
15 SERVICES FOR COMPENSATION WITH ANY INSURER SUBJECT TO THE
16 AUTHORITY OF THE OFFICE DURING THE TENURE OF THE APPOINTMENT AND
17 FOR A PERIOD OF TWO YEARS IMMEDIATELY AFTER THE APPOINTMENT IS
18 SERVED OR TERMINATED.
19 (D) ANY INDIVIDUAL WHO IS APPOINTED TO THE POSITION OF
20 CONSUMER ADVOCATE FOR INSURANCE SHALL NOT SEEK ELECTION NOR
21 ACCEPT APPOINTMENT TO ANY POLITICAL OFFICE DURING THE TENURE AS
22 CONSUMER ADVOCATE FOR INSURANCE AND FOR A PERIOD OF TWO YEARS
23 AFTER THE APPOINTMENT IS SERVED OR TERMINATED.
24 SECTION 903-C. ASSISTANT CONSUMER ADVOCATES FOR INSURANCE;
25 EMPLOYES.--THE CONSUMER ADVOCATE FOR INSURANCE SHALL APPOINT
26 ATTORNEYS AS ASSISTANT CONSUMER ADVOCATES FOR INSURANCE AND
27 ADDITIONAL CLERICAL, TECHNICAL AND PROFESSIONAL STAFF AS MAY BE
28 APPROPRIATE, AND MAY CONTRACT FOR ADDITIONAL SERVICES AS SHALL
29 BE NECESSARY FOR THE PERFORMANCE OF THE DUTIES IMPOSED BY THIS
30 ARTICLE. THE COMPENSATION OF ASSISTANT CONSUMER ADVOCATES FOR
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1 INSURANCE AND CLERICAL, TECHNICAL AND PROFESSIONAL STAFF SHALL
2 BE SET BY THE EXECUTIVE BOARD. NO ASSISTANT CONSUMER ADVOCATE
3 FOR INSURANCE OR OTHER STAFF EMPLOYE SHALL, WHILE SERVING IN THE
4 POSITION, ENGAGE IN ANY BUSINESS, VOCATION OR OTHER EMPLOYMENT,
5 OR HAVE OTHER INTERESTS, INCONSISTENT WITH OFFICIAL
6 RESPONSIBILITIES.
7 SECTION 904-C. POWERS AND DUTIES OF THE CONSUMER ADVOCATE
8 FOR INSURANCE.--(A) IN ADDITION TO ANY OTHER AUTHORITY
9 CONFERRED BY THIS ARTICLE, THE CONSUMER ADVOCATE FOR INSURANCE
10 IS AUTHORIZED TO AND SHALL, IN CARRYING OUT THE RESPONSIBILITIES
11 UNDER THIS ARTICLE, REPRESENT THE INTEREST OF CONSUMERS AS A
12 PARTY, OR OTHERWISE PARTICIPATE FOR THE PURPOSE OF REPRESENTING
13 AN INTEREST OF CONSUMERS, BEFORE THE DEPARTMENT IN ANY MATTER
14 PROPERLY BEFORE THE DEPARTMENT, AND BEFORE ANY COURT OR AGENCY,
15 INITIATING PROCEEDINGS IF, IN THE JUDGMENT OF THE CONSUMER
16 ADVOCATE FOR INSURANCE, THE REPRESENTATION MAY BE NECESSARY, IN
17 CONNECTION WITH ANY MATTER INVOLVING REGULATION BY THE
18 DEPARTMENT OR THE CORRESPONDING REGULATORY AGENCY OF THE FEDERAL
19 GOVERNMENT, WHETHER ON APPEAL OR OTHERWISE INITIATED.
20 (B) THE CONSUMER ADVOCATE FOR INSURANCE MAY EXERCISE
21 DISCRETION IN DETERMINING THE INTERESTS OF CONSUMERS WHICH WILL
22 BE ADVOCATED IN ANY PARTICULAR PROCEEDING AND IN DETERMINING
23 WHETHER TO PARTICIPATE IN OR INITIATE ANY PARTICULAR PROCEEDING
24 AND, IN SO DETERMINING, SHALL CONSIDER THE PUBLIC INTEREST, THE
25 RESOURCES AVAILABLE AND THE SUBSTANTIALITY OF THE EFFECT OF THE
26 PROCEEDING ON THE INTEREST OF CONSUMERS. THE CONSUMER ADVOCATE
27 FOR INSURANCE MAY REFRAIN FROM INTERVENING WHEN, IN THE JUDGMENT
28 OF THE CONSUMER ADVOCATE FOR INSURANCE, INTERVENTION IS NOT
29 NECESSARY TO REPRESENT ADEQUATELY THE INTEREST OF CONSUMERS.
30 (C) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED BY THIS
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1 ARTICLE, THE CONSUMER ADVOCATE FOR INSURANCE IS AUTHORIZED TO
2 REPRESENT AN INTEREST OF CONSUMERS WHICH IS PRESENTED FOR
3 CONSIDERATION, UPON PETITION IN WRITING, BY A SUBSTANTIAL NUMBER
4 OF PERSONS WHO ARE CONSUMERS OF AN INSURER SUBJECT TO REGULATION
5 BY THE DEPARTMENT. THE CONSUMER ADVOCATE FOR INSURANCE SHALL
6 NOTIFY THE PRINCIPAL SPONSORS OF THE PETITION WITHIN A
7 REASONABLE TIME AFTER RECEIPT OF THE PETITION OF THE ACTION
8 TAKEN OR INTENDED TO BE TAKEN WITH RESPECT TO THE INTEREST OF
9 CONSUMERS PRESENTED IN THAT PETITION. IF THE CONSUMER ADVOCATE
10 FOR INSURANCE DECLINES OR IS UNABLE TO REPRESENT THE INTEREST,
11 WRITTEN NOTIFICATION AND THE REASONS FOR THE ACTION SHALL BE
12 GIVEN TO THE SPONSORS.
13 (D) ANY ACTION BROUGHT BY THE CONSUMER ADVOCATE FOR
14 INSURANCE BEFORE A COURT OR AN AGENCY OF THIS COMMONWEALTH SHALL
15 BE BROUGHT IN THE NAME OF THE CONSUMER ADVOCATE FOR INSURANCE:
16 PROVIDED, THAT THE CONSUMER ADVOCATE FOR INSURANCE MAY NAME A
17 CONSUMER OR GROUP OF CONSUMERS IN WHOSE NAME THE ACTION MAY BE
18 BROUGHT OR MAY JOIN WITH A CONSUMER OR GROUP OF CONSUMERS IN
19 BRINGING THE ACTION.
20 (E) AT A TIME AS THE CONSUMER ADVOCATE FOR INSURANCE
21 DETERMINES, IN ACCORDANCE WITH APPLICABLE TIME LIMITATIONS, TO
22 INITIATE, INTERVENE OR OTHERWISE PARTICIPATE IN ANY DEPARTMENT,
23 AGENCY OR COURT PROCEEDING, THE CONSUMER ADVOCATE FOR INSURANCE
24 SHALL ISSUE PUBLICLY A WRITTEN STATEMENT, A COPY OF WHICH SHALL
25 BE FILED IN THE PROCEEDING IN ADDITION TO ANY REQUIRED ENTRY OF
26 APPEARANCE, STATING CONCISELY THE SPECIFIC INTEREST OF CONSUMERS
27 TO BE PROTECTED.
28 (F) THE CONSUMER ADVOCATE FOR INSURANCE SHALL BE SERVED WITH
29 COPIES OF ALL FILINGS, CORRESPONDENCE OR OTHER DOCUMENTS FILED
30 BY INSURERS WITH THE DEPARTMENT UNLESS THE CONSUMER ADVOCATE FOR
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1 INSURANCE INFORMS THE INSURER THAT SPECIFIC TYPES OF CLASSES OF
2 DOCUMENTS NEED NOT BE SO SERVED. THE DEPARTMENT SHALL NOT ACCEPT
3 A DOCUMENT AS TIMELY FILED IF THE DOCUMENT IS ALSO REQUIRED TO
4 BE SERVED ON THE CONSUMER ADVOCATE FOR INSURANCE AND THE INSURER
5 HAS NOT INDICATED THAT SERVICE HAS OR IS BEING MADE ON THE
6 CONSUMER ADVOCATE FOR INSURANCE. INSURERS SHALL PROVIDE ANY
7 OTHER NONPRIVILEGED INFORMATION OR DATA REQUESTED BY THE
8 CONSUMER ADVOCATE FOR INSURANCE TO THE EXTENT THAT THE REQUEST
9 IS REASONABLY RELATED TO THE PERFORMANCE OF HIS DUTIES UNDER
10 THIS ARTICLE.
11 SECTION 905-C. DUTIES OF THE DEPARTMENT.--IN DEALING WITH
12 ANY PROPOSED ACTION WHICH MAY SUBSTANTIALLY AFFECT THE INTEREST
13 OF CONSUMERS, INCLUDING, BUT NOT LIMITED TO, A PROPOSED CHANGE
14 OF RATES AND THE ADOPTION OF RULES, REGULATIONS, GUIDELINES,
15 ORDERS, STANDARDS OR FINAL POLICY DECISIONS, THE DEPARTMENT
16 SHALL:
17 (1) NOTIFY THE CONSUMER ADVOCATE FOR INSURANCE AND PROVIDE,
18 FREE OF CHARGE, COPIES OF ALL RELATED DOCUMENTS WHEN NOTICE OF
19 THE PROPOSED ACTION IS GIVEN TO THE PUBLIC OR AT A TIME FIXED BY
20 AGREEMENT BETWEEN THE CONSUMER ADVOCATE FOR INSURANCE AND THE
21 DEPARTMENT IN A MANNER TO ASSURE THE CONSUMER ADVOCATE FOR
22 INSURANCE REASONABLE NOTICE AND ADEQUATE TIME TO DETERMINE
23 WHETHER TO INTERVENE IN THE MATTER.
24 (2) CONSISTENT WITH ITS OTHER STATUTORY RESPONSIBILITIES,
25 TAKE ACTION WITH DUE CONSIDERATION TO THE INTEREST OF CONSUMERS.
26 SECTION 906-C. CONSUMER ADVOCATE FOR INSURANCE FUND.--(A)
27 THERE IS HEREBY ESTABLISHED A SEPARATE ACCOUNT IN THE STATE
28 TREASURY TO BE KNOWN AS THE CONSUMER ADVOCATE FOR INSURANCE
29 FUND. THIS FUND SHALL BE ADMINISTERED BY THE STATE TREASURER.
30 (B) ALL MONEYS DEPOSITED INTO THE FUND SHALL BE HELD IN
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1 TRUST AND SHALL NOT BE CONSIDERED GENERAL REVENUE OF THE
2 COMMONWEALTH BUT SHALL BE USED ONLY TO EFFECTUATE THE PURPOSES
3 OF THIS ARTICLE. THE FUND SHALL BE SUBJECT TO AUDIT BY THE
4 AUDITOR GENERAL.
5 (C) PRIOR TO THE FIRST DAY OF APRIL FOLLOWING THE EFFECTIVE
6 DATE OF THIS ARTICLE AND PRIOR TO THE FIRST DAY OF APRIL OF EACH
7 YEAR THEREAFTER SO LONG AS THIS ARTICLE SHALL REMAIN IN EFFECT,
8 EACH INSURER WHO WRITES COVERAGES FOR FIRE AND CASUALTY,
9 ACCIDENT AND HEALTH, CREDIT ACCIDENT AND HEALTH UNDER
10 LIFE/ANNUITY/ACCIDENT, HEALTH AND LIFE INCLUDING ANNUITIES IN
11 THIS COMMONWEALTH, AS A CONDITION OF ITS AUTHORIZATION TO
12 TRANSACT BUSINESS IN THIS COMMONWEALTH, SHALL PAY INTO THE FUND
13 IN TRUST AN AMOUNT EQUAL TO THE PRODUCT OBTAINED BY MULTIPLYING
14 FIVE MILLION DOLLARS ($5,000,000) BY A FRACTION, THE NUMERATOR
15 OF WHICH IS THE DIRECT PREMIUM COLLECTED FOR ALL COVERAGES BY
16 THAT INSURER IN THIS COMMONWEALTH DURING THE PRECEDING CALENDAR
17 YEAR AND THE DENOMINATOR OF WHICH IS THE DIRECT PREMIUM WRITTEN
18 ON SUCH COVERAGES IN THIS COMMONWEALTH BY ALL INSURERS IN THE
19 SAME PERIOD. ANY INSURER WHO FAILS TO PAY THE REQUIRED
20 ASSESSMENT UNDER THIS SECTION SHALL BE PROHIBITED FROM WRITING
21 ANY INSURANCE WITHIN THIS COMMONWEALTH.
22 (D) IN SUCCEEDING YEARS THE GENERAL ASSEMBLY MAY VARY THE
23 BASE AMOUNT OF FIVE MILLION DOLLARS ($5,000,000) BASED UPON THE
24 ACTUAL FUNDING EXPERIENCE AND REQUIREMENTS OF THE OFFICE OF
25 CONSUMER ADVOCATE FOR INSURANCE.
26 (E) ASSESSMENTS MADE UNDER THIS SECTION SHALL NOT BE
27 CONSIDERED BURDENS AND PROHIBITIONS UNDER SECTION 212 OF THE ACT
28 OF MAY 17, 1921 (P.L.789, NO.285), KNOWN AS "THE INSURANCE
29 DEPARTMENT ACT OF 1921."
30 (F) IN THE EVENT THAT THE TRUST FUND IS DISSOLVED OR THE
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1 OFFICE OF CONSUMER ADVOCATE FOR INSURANCE IS TERMINATED BY
2 OPERATION OF LAW, ANY BALANCE REMAINING IN THE FUND, AFTER
3 DEDUCTING ADMINISTRATIVE COSTS FOR LIQUIDATION, SHALL BE
4 RETURNED TO INSURERS IN PROPORTION TO THEIR FINANCIAL
5 CONTRIBUTIONS TO THE FUND IN THE PRECEDING CALENDAR YEAR.
6 SECTION 907-C. REPORTS.--THE CONSUMER ADVOCATE FOR INSURANCE
7 SHALL ANNUALLY TRANSMIT TO THE GOVERNOR AND TO THE GENERAL
8 ASSEMBLY, AND SHALL MAKE AVAILABLE TO THE PUBLIC, AN ANNUAL
9 REPORT ON THE CONDUCT OF THE OFFICE OF CONSUMER ADVOCATE FOR
10 INSURANCE. THE CONSUMER ADVOCATE FOR INSURANCE SHALL MAKE
11 RECOMMENDATIONS AS MAY, FROM TIME TO TIME, BE NECESSARY OR
12 DESIRABLE TO PROTECT THE INTEREST OF CONSUMERS.
13 SECTION 908-C. SAVINGS PROVISION; CONSTRUCTION.--(A)
14 NOTHING CONTAINED IN THIS ARTICLE SHALL IN ANY WAY LIMIT THE
15 RIGHT OF ANY CONSUMER TO BRING A PROCEEDING BEFORE EITHER THE
16 DEPARTMENT OR A COURT.
17 (B) NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO
18 IMPAIR THE STATUTORY AUTHORITY OR RESPONSIBILITY OF THE
19 DEPARTMENT TO REGULATE INSURERS IN THE PUBLIC INTEREST.
20 SECTION 2. SECTION 2001.3(A), (C), (D) AND (G) OF THE ACT,
21 AMENDED JUNE 22, 1982 (P.L.573, NO.166), ARE AMENDED AND THE
22 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
23 Section 2001.3. Deputy Secretaries.--(a) The Secretary of
24 Transportation shall appoint, with the approval of the Governor,
25 [six] seven deputy secretaries who shall have the title of
26 Deputy Secretary for Administration, Deputy Secretary for
27 Highway Administration, Deputy Secretary for [Safety
28 Administration] Driver and Vehicle Services, Deputy Secretary
29 for Planning, Deputy Secretary for Local and Area Transportation
30 [and], Deputy Secretary for Aviation, Rail Freight, Ports and
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1 Waterways and Deputy Secretary for Transportation Security.
2 * * *
3 (c) The Deputy Secretary for Highway Administration, with
4 the approval of the Secretary of Transportation shall have the
5 powers and perform the functions and duties provided in sections
6 2002 through 2009 of this act regarding the design,
7 construction, maintenance and land acquisition of State
8 designated highways and shall assure that the design,
9 maintenance, operation and replacement of highways will be such
10 as to protect health and minimize danger to life or property[.]
11 and shall conduct a continuing study of means to prevent
12 accidents and injuries on the highways.
13 (d) The Deputy Secretary for [Safety Administration] Driver
14 and Vehicle Services, with the approval of the Secretary of
15 Transportation [shall conduct a continuing study of means to
16 prevent accidents and injuries on the highways], shall have the
17 powers and perform the duties and functions [heretofore imposed
18 upon and] performed by the Bureau of Motor Vehicles [in the
19 Department of Revenue] and the Bureau of [Traffic Safety in the
20 Department of Revenue and shall exercise such powers and duties
21 with regard to safety in other modes of transportation as may be
22 prescribed by law] Driver Licensing.
23 * * *
24 (g) The Deputy Secretary for Aviation, Rail Freight, Ports
25 and Waterways with the approval of the Secretary of
26 Transportation shall have the powers and perform the functions
27 and duties as provided by law relating to the department's
28 responsibilities for aviation, airports [and], air safety, rail
29 freight, rail safety and ports and waterways within the
30 Commonwealth.
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1 (h) The Deputy Secretary for Transportation Security, with
2 the approval of the Secretary of Transportation, shall have the
3 power and the duty to establish, implement and administer
4 department internal security, including, but not limited to,
5 computer networks, internal and external security at department
6 facilities and coordination of security matters with all
7 transportation entities located within this Commonwealth,
8 including, but not limited to, airports, trucking terminals,
9 buses, toll roads and bridges, transit agencies, railroads,
10 ships and barge companies and shall exercise such powers and
11 duties with regard to safety in other modes of transportation as
12 may be prescribed by law.
13 Section 2. This act shall take effect immediately. <--
14 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
15 (1) THE ADDITION OF SECTION 906-C OF THE ACT SHALL TAKE
16 EFFECT IN 90 DAYS.
17 (2) THE AMENDMENT OR ADDITION OF SECTION 2001.3(A), (C),
18 (D), (G) AND (H) OF THE ACT SHALL TAKE EFFECT IMMEDIATELY.
19 (3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
20 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JULY 1,
21 2004, OR IMMEDIATELY, WHICHEVER IS LATER.
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