PRINTER'S NO. 1903
No. 1523 Session of 2007
INTRODUCED BY GERBER, KENNEY, BELFANTI, CARROLL, DONATUCCI,
FAIRCHILD, FRANKEL, GALLOWAY, GEORGE, GINGRICH, JOSEPHS,
KILLION, KORTZ, LEACH, LENTZ, LONGIETTI, MANDERINO, MANN,
McCALL, MENSCH, MICOZZIE, R. MILLER, M. O'BRIEN, PALLONE,
PASHINSKI, REICHLEY, SANTONI, SAYLOR, SURRA, WALKO, J. WHITE,
YOUNGBLOOD, YUDICHAK, HARPER, MOYER AND FREEMAN,
JUNE 13, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JUNE 13, 2007
AN ACT
1 Providing for liability for false claims, for treble damages,
2 costs and civil penalties, for powers of the Attorney
3 General, for qui tam actions and for adoption of legislative
4 history of the Federal False Claims Act.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Chapter 3. False Claims
10 Section 301. Acts subjecting persons to liability for treble
11 damages, costs and civil penalties; exceptions.
12 Section 302. Attorney General investigations and prosecutions;
13 powers of prosecuting authority; civil actions by
14 individuals as qui tam plaintiff and as private
15 citizen; jurisdiction of courts.
16 Section 303. Limitation of actions; prior activities;
1 burden of proof.
2 Section 304. Remedies under other laws; severability of
3 provisions; liberality of legislative
4 construction; adoption of legislative history.
5 Section 305. Regulations.
6 Chapter 21. Miscellaneous Provisions
7 Section 2101. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 CHAPTER 1
11 PRELIMINARY PROVISIONS
12 Section 101. Short title.
13 This act shall be known and may be cited as the False Claims
14 Act.
15 Section 102. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Claim." Any request or demand for money, property or
20 services made to any employee, officer or agent of the
21 Commonwealth, or to any contractor, grantee or other recipient,
22 whether under contract or not, if any portion of the money,
23 property or services requested or demanded, issued from or was
24 provided by the Commonwealth, hereinafter "Commonwealth funds,"
25 or if the Commonwealth will reimburse such contractor, grantee
26 or other recipient for any portion of the money or property
27 which is requested or demanded.
28 "Employer." Any natural person, corporation, firm,
29 association, organization, partnership, business, trust or
30 Commonwealth-affiliated entity involved in a nongovernmental
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1 function, including State universities and State hospitals.
2 "Knowing" and "knowingly." Whenever a person, with respect
3 to information, does any of the following:
4 (1) Has actual knowledge of the information.
5 (2) Acts in deliberate ignorance of the truth or falsity
6 of the information.
7 (3) Acts in reckless disregard of the truth or falsity
8 of the information. Proof of specific intent to defraud is
9 not required.
10 "Person." Any natural person, corporation, firm,
11 association, organization, partnership, business or trust.
12 CHAPTER 3
13 FALSE CLAIMS
14 Section 301. Acts subjecting persons to liability for treble
15 damages, costs and civil penalties; exceptions.
16 (a) Liability.--Any person who commits any of the following
17 acts shall be liable to the Commonwealth for three times the
18 amount of damages which the Commonwealth sustains because of the
19 act of that person. A person who commits any of the following
20 acts shall also be liable to the Commonwealth for the costs of a
21 civil action brought to recover any of those penalties or
22 damages and shall be liable to the Commonwealth for a civil
23 penalty of not less than $5,000 and not more than $10,000 for
24 each violation:
25 (1) Knowingly presents or causes to be presented to any
26 employee, officer or agent of the Commonwealth or to any
27 contractor, grantee or other recipient of Commonwealth funds,
28 a false or fraudulent claim for payment or approval.
29 (2) Knowingly makes, uses or causes to be made or used,
30 a false record or statement to get a false or fraudulent
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1 claim paid or approved.
2 (3) Conspires to defraud the Commonwealth by getting a
3 false claim allowed or paid or conspires to defraud the
4 Commonwealth by knowingly making, using or causing to be made
5 or used, a false record or statement to conceal, avoid or
6 decrease an obligation to pay or transmit money or property
7 to the Commonwealth.
8 (4) Has possession, custody or control of public
9 property or money used or to be used by the Commonwealth and
10 knowingly delivers or causes to be delivered less property
11 that the amount for which the person receives a certificate
12 or receipt.
13 (5) Is authorized to make or deliver a document
14 certifying receipt of property used or to be used by the
15 Commonwealth and knowingly makes or delivers a receipt that
16 falsely represents the property used or to be used.
17 (6) Knowingly buys or receives as a pledge of an
18 obligation or debt, public property from any person who
19 lawfully may not sell or pledge the property.
20 (7) Knowingly makes, uses or causes to be made or used,
21 a false record or statement to conceal, avoid or decrease an
22 obligation to pay or transmit money or property to the
23 Commonwealth.
24 (8) Is a beneficiary of an inadvertent submission of a
25 false claim to any employee, officer or agent of the
26 Commonwealth or to any contractor, grantee or other recipient
27 of Commonwealth funds, subsequently discovers the falsity of
28 the claim and fails to disclose the false claim to the
29 Commonwealth within a reasonable time after discovery of the
30 false claim.
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1 (b) Damages limitation.--Notwithstanding subsection (a), the
2 court may assess not less than two times the amount of damages
3 which the Commonwealth sustains because of the act of the person
4 described in that subsection and no civil penalty if the court
5 finds all of the following:
6 (1) The person committing the violation furnished
7 officials of the Commonwealth who are responsible for
8 investigating false claims violations with all information
9 known to that person about the violation within 30 days after
10 the date on which the person first obtained the information.
11 (2) The person fully cooperated with any investigation
12 by the Commonwealth.
13 (3) At the time the person furnished the Commonwealth
14 with information about the violation, no criminal
15 prosecution, civil action or administrative action has
16 commenced with respect to the violation, and the person did
17 not have actual knowledge of the existence of an
18 investigation into the violation.
19 (c) Exclusion.--This section does not apply to claims,
20 records or statements made pursuant to the act of March 4, 1971
21 (P.L.6, No.2), known as the Tax Reform Code of 1971.
22 Section 302. Attorney General investigations and prosecutions;
23 powers of prosecuting authority; civil actions by
24 individuals as qui tam plaintiff and as private
25 citizen; jurisdiction of courts.
26 (a) Responsibilities of the Attorney General.--The Attorney
27 General diligently shall investigate a violation under section
28 301. If the Attorney General finds that a person has violated or
29 is violating section 301, the Attorney General may bring a civil
30 action under this section against that person.
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1 (b) Actions by private persons.--
2 (1) A person may bring a civil action for a violation of
3 this act for the person and for the Commonwealth in the name
4 of the Commonwealth. The person bringing the action shall be
5 referred to as the qui tam plaintiff. Once filed, the action
6 may be dismissed only with the written consent of the court,
7 taking into account the best interest of the parties involved
8 and the public purposes behind this chapter.
9 (2) A copy of the complaint and written disclosure of
10 substantially all material evidence and information the
11 person possesses shall be served on the Attorney General. The
12 complaint shall also be filed in camera and shall remain
13 under seal for at least 60 days and shall not be served on
14 the defendant until the court so orders. The Commonwealth may
15 elect to intervene and proceed with the action within 60 days
16 after it receives both the complaint and the material
17 evidence and the information.
18 (3) The Commonwealth may, for good cause shown, move the
19 court for extensions of the time during which the complaint
20 remains under seal under paragraph (2). Any such motions may
21 be supported by affidavits or other submissions in camera.
22 The defendant shall not be required to respond to any
23 complaint filed under this section until after the complaint
24 is unsealed and served upon the defendant pursuant to the
25 Pennsylvania Rules of Civil Procedure.
26 (4) Before the expiration of the 60-day period or any
27 extensions obtained under paragraph (3), the Commonwealth
28 shall:
29 (i) proceed with the action, in which case the
30 action shall be conducted by the Commonwealth; or
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1 (ii) notify the court that it declines to take over
2 the action, in which case the person bringing the action
3 shall have the right to conduct the action.
4 (5) When a person brings a valid action under this
5 subsection, no person other than the Commonwealth may
6 intervene or bring a related action based on the facts
7 underlying the pending action.
8 (c) Rights of the parties to qui tam actions.--
9 (1) If the Commonwealth proceeds with the action, it
10 shall have the primary responsibility for prosecuting the
11 action and shall not be bound by an act of the person
12 bringing the action. Such person shall have the right to
13 continue as a party to the action, subject to the limitations
14 set forth in paragraph (2).
15 (2) (i) The Commonwealth may seek to dismiss the action
16 for good cause notwithstanding the objections of the qui
17 tam plaintiff if the qui tam plaintiff has been notified
18 by the Commonwealth of the filing of the motion and the
19 court has provided the qui tam plaintiff with an
20 opportunity to oppose the motion and present evidence at
21 a hearing.
22 (ii) The Commonwealth may settle the action with the
23 defendant notwithstanding the objections of the qui tam
24 plaintiff if the court determines, after a hearing
25 providing the qui tam plaintiff an opportunity to present
26 evidence, that the proposed settlement is fair, adequate
27 and reasonable under all of the circumstances.
28 (iii) Upon a showing by the Commonwealth that
29 unrestricted participation during the course of the
30 litigation by the person initiating the action would
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1 interfere with or unduly delay the Commonwealth's
2 prosecution of the case or would be repetitious,
3 irrelevant or for purposes of harassment, the court may,
4 in its discretion, impose limitations on the person's
5 participation, such as:
6 (A) limiting the number of witnesses the person
7 may call;
8 (B) limiting the length of the testimony of such
9 witnesses;
10 (C) limiting the person's cross-examination of
11 witnesses; or
12 (D) otherwise limiting the participation by the
13 person in the litigation.
14 (iv) Upon a showing by the defendant that
15 unrestricted participation during the course of the
16 litigation by the person initiating the action would be
17 for purposes of harassment or would cause the defendant
18 undue burden or unnecessary expense, the court may limit
19 the participation by the person in the litigation.
20 (3) If the Commonwealth elects not to proceed with the
21 action, the person who initiated the action shall have the
22 right to conduct the action. If the Commonwealth so requests,
23 it shall be served with copies of all pleadings filed in the
24 action and shall be supplied with copies of all deposition
25 transcripts at the Commonwealth's expense. When a person
26 proceeds with the action, the court, without limiting the
27 status and rights of the person initiating the action, may
28 permit the Commonwealth to intervene at a later date upon a
29 showing of good cause.
30 (4) Whether or not the Commonwealth proceeds with the
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1 action, upon a showing by the Commonwealth that certain
2 actions of discovery by the person initiating the action
3 would interfere with the Commonwealth's investigation or
4 prosecution of a criminal or civil matter arising out of the
5 same facts, the court may stay such discovery for a period of
6 not more than 60 days. Such a showing shall be conducted in
7 camera. The court may extend the 60-day period upon a further
8 showing in camera that the Commonwealth has pursued the
9 criminal or civil investigation or proceedings with
10 reasonable diligence and any proposed discovery in the civil
11 action will interfere with the ongoing criminal or civil
12 investigations or proceedings.
13 (5) Notwithstanding subsection (b), the Commonwealth may
14 elect to pursue its claim through any alternate remedy
15 available to the Commonwealth, including any administrative
16 proceeding to determine a civil money penalty. If any such
17 alternate remedy is pursued in another proceeding, the person
18 initiating the action shall have the same rights in such
19 proceeding as the person would have had if the action had
20 continued under this section. Any finding of fact or
21 conclusion of law made in the other proceeding that has
22 become final shall be conclusive on all parties to an action
23 under this section. For purposes of the preceding sentence, a
24 finding or conclusion is final if it has been finally
25 determined on appeal to the appropriate court of the
26 Commonwealth, if all time for filing such an appeal with
27 respect to the finding or conclusion has expired or if the
28 finding or conclusion is not subject to judicial review.
29 (d) Award to qui tam plaintiff.--
30 (1) If the Commonwealth proceeds with an action brought
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1 by a person under subsection (b), such person shall, subject
2 to the second sentence of this paragraph, receive at least
3 15% but not more than 25% of the proceeds of the action or
4 settlement of the claim, which includes damages, civil
5 penalties, payments for costs of compliance and any other
6 economic benefit realized by the government as a result of
7 the action, depending upon the extent to which either or both
8 the person and his counsel substantially contributed to the
9 prosecution of the action. Where the action is one which the
10 court finds to be based primarily on disclosures of specific
11 information, other than information provided by the person
12 bringing the action, relating to allegations or transactions
13 specifically in a criminal, civil or administrative hearing
14 or in a legislative or administrative report, hearing, audit
15 or investigation or from the news media, the court may award
16 such sums as it considers appropriate but in no case more
17 than 10% of the proceeds, taking into account the
18 significance of the information and the role of the person
19 bringing the action in advancing the case to litigation. Any
20 payment to a person under the first or second sentence of
21 this paragraph shall be made from the proceeds. Any such
22 person shall also receive an amount for reasonable expenses
23 which the appropriate Commonwealth court judge finds to have
24 been necessarily incurred, plus reasonable attorney fees and
25 costs. All such expenses, fees and costs shall be awarded
26 against the defendant.
27 (2) If the Commonwealth does not proceed with an action
28 under this section, the person bringing the action or
29 settling the claim shall receive an amount which the court
30 decides is reasonable for collecting the civil penalty and
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1 damages. The amount shall not be less than 25% and not more
2 than 30% of the proceeds of the action or settlement and
3 shall be paid out of the proceeds, which includes damages,
4 civil penalties, payments for costs of compliance and any
5 other economic benefit realized by the government as a result
6 of the action. The person shall also receive an amount for
7 reasonable expenses which the appropriate Commonwealth court
8 judge finds to have been necessarily incurred, plus
9 reasonable attorney fees and costs. All such expenses, fees
10 and costs shall be awarded against the defendant.
11 (3) Whether or not the Commonwealth proceeds with the
12 action, if the court finds that the action was brought by a
13 person who planned and initiated the violation of section
14 301(a) upon which the action was brought, then the court may,
15 to the extent the court considers appropriate, reduce the
16 share of the proceeds of the action which the person would
17 otherwise receive under paragraph (1) or (2), taking into
18 account the role of that person in advancing the case to
19 litigation and any relevant circumstances pertaining to the
20 violation. If the person bringing the action is convicted of
21 criminal conduct arising from his or her role in the
22 violation of section 301(a), that person shall be dismissed
23 from the civil action and shall not receive any share of the
24 proceeds of the action. Such dismissal shall not prejudice
25 the right of the Commonwealth to continue the action.
26 (4) If the Commonwealth does not proceed with the action
27 and the person bringing the action conducts the action, the
28 court may award to the defendant its reasonable attorney fees
29 and expenses if the defendant prevails in the action and the
30 court finds that the claim of the person bringing the action
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1 was clearly frivolous, clearly vexatious or brought primarily
2 for purposes of harassment.
3 (e) Certain actions barred.--
4 (1) No court shall have jurisdiction over an action
5 brought under subsection (b) against a member of the
6 legislative branch, a member of the judiciary or a senior
7 executive branch official if the action is based on evidence
8 or information known to the Commonwealth when the action was
9 brought.
10 (2) In no event may a person bring an action under
11 subsection (b) which is based upon allegations or
12 transactions which are the subject of a civil suit or an
13 administrative civil money penalty proceeding in which the
14 Commonwealth is already a party.
15 (3) Upon motion of the Attorney General, the court may,
16 in consideration of all the equities, dismiss a relator of
17 the elements of the actionable false claims alleged in the
18 qui tam complaint which have been publicly disclosed,
19 specifically in the news media or in a publicly disseminated
20 governmental report, at the time the complaint is filed.
21 (f) Commonwealth not liable for certain expenses.--The
22 Commonwealth is not liable for expenses which a person incurs in
23 bringing an action under this section.
24 (g) Private action for retaliation action.--Any employee who
25 is discharged, demoted, suspended, threatened, harassed or in
26 any other manner discriminated against in the terms and
27 conditions of employment by his or her employer because of
28 lawful acts done by the employee on behalf of the employee or
29 others in furtherance of an action under this section, including
30 investigation for, initiation of, testimony for or assistance in
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1 an action filed or to be filed under this section, shall be
2 entitled to all relief necessary to make the employee whole.
3 Such relief shall include reinstatement with the same seniority
4 status such employee would have had but for the discrimination,
5 two times the amount of back pay, interest on the back pay and
6 compensation for any special damages sustained as a result of
7 the discrimination, including litigation costs and reasonable
8 attorney fees. An employee may bring an action in the
9 appropriate court of this Commonwealth for the relief provided
10 in this subsection.
11 (h) Civil investigative demand.--
12 (1) (i) The Attorney General shall have the authority
13 to issue civil investigative demands pursuant to
14 paragraph (2).
15 (ii) Nothing contained in this subsection shall be
16 construed to limit the regulatory or investigative
17 authority of any department or agency of the Commonwealth
18 whose functions might relate to persons, enterprises, or
19 matters falling within the scope of this chapter.
20 (2) (i) Whenever the Attorney General has reason to
21 believe that any person or enterprise may be in
22 possession, custody, or control of any documentary
23 material relevant to an investigation under this chapter,
24 the Attorney General may issue in writing, and cause to
25 be served upon such person or enterprise, a civil
26 investigative demand requiring the production of such
27 material for examination.
28 (ii) Each such demand shall:
29 (A) state the nature of the conduct constituting
30 the alleged violation which is under investigation,
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1 the provision of law applicable thereto and the
2 connection between the documentary material demanded
3 and the conduct under investigation;
4 (B) describe the class or classes of documentary
5 material to be produced thereunder with such
6 definiteness and certainty as to permit such material
7 to be fairly identified;
8 (C) state that the demand is returnable
9 forthwith or prescribe a return date which will
10 provide a reasonable period of time within which the
11 material so demanded may be assembled and made
12 available for inspection and copying or reproduction;
13 (D) identify an investigator to whom such
14 material shall be made available; and
15 (E) contain the following statement printed
16 conspicuously at the top of the demand: "You have the
17 right to seek the assistance of any attorney and he
18 may represent you in all phases of the investigation
19 of which this civil investigative demand is a part."
20 (iii) No such demand shall:
21 (A) contain any requirement which would be held
22 to be unreasonable if contained in a subpoena duces
23 tecum issued by any court in connection with a grand
24 jury investigation of such alleged violation; or
25 (B) require the production of any documentary
26 evidence which would be privileged from disclosure if
27 demanded by a subpoena duces tecum issued by any
28 court in connection with a grand jury investigation
29 of such alleged violation.
30 (iv) Service of any such demand or any petition
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1 filed under this paragraph shall be made in the manner
2 prescribed by the Pennsylvania Rules of Civil Procedure
3 for service of writs and complaints.
4 (v) A verified return by the individual serving any
5 such demand or petition setting forth the manner of such
6 service shall be prima facie proof of such service. In
7 the case of service by registered or certified mail, such
8 return shall be accompanied by the return post office
9 receipt of delivery of such demand.
10 (vi) (A) Any party upon whom any demand issued
11 under this subsection has been duly served shall make
12 such material available for inspection and copying or
13 reproduction to the investigator designated therein
14 at the principal place of business of such party, or
15 at such other place as such investigator and such
16 party thereafter may agree or as the court may direct
17 pursuant to this paragraph, on the return date
18 specified in such demand. Such party may upon
19 agreement of the investigator substitute copies of
20 all or any part of such material for the originals
21 thereof.
22 (B) The investigator to whom any documentary
23 material is so delivered shall take physical
24 possession thereof, and shall be responsible for the
25 use made thereof and for its return pursuant to this
26 paragraph. The investigator may cause the preparation
27 of such copies of such documentary material as may be
28 required for official use. While in the possession of
29 the investigator, no material so produced shall be
30 available for examination, without the consent of the
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1 party who produced such material, by any individual
2 other than the Attorney General or investigator.
3 Under such reasonable terms and conditions as the
4 Attorney General shall prescribe, documentary
5 material while in the possession of the investigator
6 shall be available for examination by the party who
7 produced such material or any duly authorized
8 representatives of such party.
9 (C) Upon completion of the investigation for
10 which any documentary material was produced under
11 this paragraph and any case or proceeding arising
12 from such investigation, the investigator shall
13 return to the party who produced such material all
14 such material other than copies thereof made pursuant
15 to this paragraph which have not passed into the
16 control of any court or grand jury through
17 introduction into the record of such case or
18 proceeding.
19 (D) When any documentary material has been
20 produced by any party under this paragraph for use in
21 any investigation, and no case or proceeding arising
22 therefrom has been instituted within a reasonable
23 time after completion of the examination and analysis
24 of all evidence assembled in the course of such
25 investigation, such party shall be entitled, upon
26 written demand made upon the Attorney General, to the
27 return of all documentary material, other than copies
28 thereof made pursuant to this paragraph, so produced
29 by such party.
30 (vii) Whenever any person or enterprise fails to
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1 comply with any civil investigative demand duly served
2 upon him under this paragraph or whenever satisfactory
3 copying or reproduction of any such material cannot be
4 done and such party refuses to surrender such material,
5 the Attorney General may file, in the court of common
6 pleas for any county in which such party resides or
7 transacts business, and serve upon such party a petition
8 for an order of such court for the enforcement of this
9 paragraph, except that if such person transacts business
10 in more than one county such petition shall be filed in
11 the county in which party maintains the party's principal
12 place of business.
13 (viii) Within 20 days after the service of any such
14 demand upon any person or enterprise, or at any time
15 before the return date specified in the demand, whichever
16 period is shorter, such party may file, in the court of
17 common pleas of the county within which such party
18 resides or transacts business, and serve upon the
19 Attorney General a petition for an order of such court
20 modifying or setting aside such demand. The time allowed
21 for compliance with the demand in whole or in part as
22 deemed proper and ordered by the court shall not run
23 during the pendency of such petition in the court. Such
24 petition shall specify each ground upon which the
25 petitioner relies in seeking such relief, and may be
26 based upon any failure of such demand to comply with the
27 provisions of this paragraph or upon any constitutional
28 or other legal right or privilege of such party.
29 (ix) At any time during which the Attorney General
30 is in custody or control of any documentary material
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1 delivered by any party in compliance with any such
2 demand, such party may file, in the court of common pleas
3 of the county within which such documentary material was
4 delivered, and serve upon the Attorney General a petition
5 for an order of such court requiring the performance of
6 any duty imposed by this paragraph.
7 (x) Whenever any petition is filed in any court of
8 common pleas under this paragraph, such court shall have
9 jurisdiction to hear and determine the matter so
10 presented, and, after a hearing at which all parties are
11 represented, to enter such order or orders as may be
12 required to carry into effect the provisions of this
13 paragraph.
14 (3) Whenever any individual refuses, on the basis of his
15 privilege against self-incrimination, to comply with a civil
16 investigative demand issued pursuant to paragraph (2), the
17 Attorney General may invoke the provisions of 42 Pa.C.S. §
18 5947 (relating to immunity of witnesses).
19 Section 303. Limitation of actions; prior activities; burden of
20 proof.
21 (a) Statute of limitations.--A civil action under section
22 302 may not be brought more than ten years after the date on
23 which the violation was committed.
24 (b) Burden of proof.--In any action brought under section
25 302, the Commonwealth or the qui tam plaintiff shall be required
26 to prove all essential elements of the cause of action,
27 including damages, by a preponderance of the evidence.
28 (c) Estoppel.--Notwithstanding any other provision of law, a
29 guilty verdict rendered in a criminal proceeding charging false
30 statements or fraud, whether upon a verdict after trial or upon
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1 a plea of guilty or nolo contendere, shall estop the defendant
2 from denying the essential elements of the offense in any action
3 which involves the same transaction as in the criminal
4 proceeding and which is brought under section 302(a) or (b).
5 Section 304. Remedies under other laws; severability of
6 provisions; liberality of legislative
7 construction; adoption of legislative history.
8 (a) Remedies under other laws.--The provisions of this act
9 are not exclusive and the remedies provided for in this act
10 shall be in addition to any other remedies provided for in any
11 other law or available under common law.
12 (b) Liberality of legislative construction and adoption of
13 legislative history.--This chapter shall be liberally construed
14 and applied to promote the public interest. This chapter also
15 adopts the congressional intent behind the Federal False Claims
16 Act, (Public Law 97-258, 31 U.S.C. §§ 3729-3733), including the
17 legislative history underlying the 1986 amendments to the
18 Federal False Claims Act.
19 Section 305. Regulations.
20 (a) General rule.--The Attorney General shall have the power
21 and authority to promulgate rules and regulations which may be
22 necessary to carry out the purposes set forth in this chapter.
23 (b) Guidelines.--In order to facilitate the speedy
24 implementation of this chapter, the Attorney General shall have
25 the power and authority to promulgate, adopt and use guidelines
26 which shall be published in the Pennsylvania Bulletin. The
27 guidelines shall not be subject to review under section 205 of
28 the act of July 31, 1968 (P.L.769, No.240), referred to as the
29 Commonwealth Documents Law; sections 204(b) and 301(10) of the
30 act of October 15, 1980 (P.L.950, No.164), known as the
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1 Commonwealth Attorneys Act; or the act of June 25, 1982
2 (P.L.633, No.181), known as the Regulatory Review Act. The
3 guidelines shall be effective for a period of not more than two
4 years from the effective date of this chapter. After the
5 expiration of the two-year period, the guidelines shall be
6 promulgated as regulations.
7 CHAPTER 21
8 MISCELLANEOUS PROVISIONS
9 Section 2101. Effective date.
10 This act shall take effect in 60 days.
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