HOUSE AMENDED
PRIOR PRINTER'S NOS. 2007, 2067, 2325 PRINTER'S NO. 2432
No. 1433 Session of 2002
INTRODUCED BY WAUGH, GREENLEAF, A. WILLIAMS AND WOZNIAK,
MAY 14, 2002
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 26, 2002
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for THE <--
3 SHARE OF THE SURVIVING SPOUSE, FOR classification and order
4 or OF payment of claims against the estate of a decedent AND, <--
5 FOR GENERAL PROVISIONS RELATING TO POWERS OF ATTORNEY AND FOR <--
6 PRUDENT INVESTOR RULE.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 3392 of Title 20 of the Pennsylvania <--
10 Consolidated Statutes is amended to read:
11 SECTION 1. SECTIONS 2102 AND 3392 OF TITLE 20 OF THE <--
12 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
13 § 2102. SHARE OF SURVIVING SPOUSE.
14 THE INTESTATE SHARE OF A DECEDENT'S SURVIVING SPOUSE IS:
15 (1) IF THERE IS NO SURVIVING ISSUE OR PARENT OF THE
16 DECEDENT, THE ENTIRE INTESTATE ESTATE.
17 (2) IF THERE IS NO SURVIVING ISSUE OF THE DECEDENT BUT
18 HE IS SURVIVED BY A PARENT OR PARENTS, THE FIRST $30,000 PLUS
1 ONE-HALF OF THE BALANCE OF THE INTESTATE ESTATE.
2 NOTWITHSTANDING THE FOREGOING, IN THE CASE OF A DECEDENT WHO
3 DIED AS A RESULT OF THE TERRORIST ATTACKS OF SEPTEMBER 11,
4 2001, A SURVIVING SPOUSE SHALL BE ENTITLED TO 100% OF ANY
5 COMPENSATION AWARD PAID PURSUANT TO THE AIR TRANSPORTATION
6 SAFETY AND SYSTEM STABILIZATION ACT (PUBLIC LAW 107-42, 115
7 STAT. 230).
8 (3) IF THERE ARE SURVIVING ISSUE OF THE DECEDENT ALL OF
9 WHOM ARE ISSUE OF THE SURVIVING SPOUSE ALSO, THE FIRST
10 $30,000 PLUS ONE-HALF OF THE BALANCE OF THE INTESTATE ESTATE.
11 (4) IF THERE ARE SURVIVING ISSUE OF THE DECEDENT ONE OR
12 MORE OF WHOM ARE NOT ISSUE OF THE SURVIVING SPOUSE, ONE-HALF
13 OF THE INTESTATE ESTATE.
14 (5) IN CASE OF PARTIAL INTESTACY ANY PROPERTY RECEIVED
15 BY THE SURVIVING SPOUSE UNDER THE WILL SHALL SATISFY PRO
16 TANTO THE $30,000 ALLOWANCE UNDER PARAGRAPHS (2) AND (3).
17 § 3392. Classification and order of payment.
18 If the applicable assets of the estate are insufficient to
19 pay all proper charges and claims in full, the personal
20 representative, subject to any preference given by law to claims
21 due the United States, shall pay them in the following order,
22 without priority as between claims of the same class:
23 (1) The costs of administration.
24 (2) The family exemption.
25 (3) The costs of the decedent's funeral and burial, and
26 the costs of medicines furnished to him within six months of
27 his death, of medical or nursing services performed for him
28 within that time, of hospital services including maintenance
29 provided him within that time, and of services performed for
30 him by any of his employees within that time.
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1 (4) The cost of a gravemarker.
2 (5) Rents for the occupancy of the decedent's residence
3 for six months immediately prior to his death.
4 (5.1) Claims by the Commonwealth and the political
5 subdivisions of the Commonwealth.
6 (6) All other claims[, including claims by the
7 Commonwealth].
8 Section 2. This act shall apply to the estate of a decedent <--
9 who dies on or after the effective date of this act.
10 SECTION 2. SECTION 5601 OF TITLE 20 IS AMENDED BY ADDING A <--
11 SUBSECTION TO READ:
12 § 5601. GENERAL PROVISIONS.
13 * * *
14 (E.3) EXEMPTION FROM NOTICE REQUIREMENTS.--A DEALER AS
15 DEFINED BY THE ACT OF DECEMBER 22, 1983 (P.L.306, NO.84), KNOWN
16 AS THE BOARD OF VEHICLES ACT, SHALL BE EXEMPT FROM THE
17 REQUIREMENTS OF SUBSECTIONS (C), (D) AND (E) WHEN USING A POWER
18 OF ATTORNEY IN CONJUNCTION WITH A SALE, PURCHASE OR TRANSFER OF
19 A VEHICLE AS AUTHORIZED BY 75 PA.C.S. § 1119 (RELATING TO
20 APPLICATION FOR CERTIFICATE OF TITLE BY AGENT).
21 * * *
22 SECTION 3. TITLE 20 IS AMENDED BY ADDING A SECTION TO READ: <--
23 § 6110.1. ACTIONS AFFECTING STATE-RELATED INSTITUTIONS.
24 (A) BOARD OF DIRECTORS OF CERTAIN NONPROFIT CORPORATIONS.--
25 THE NUMBER OF MEMBERS OF THE BOARD OF DIRECTORS OF A NONPROFIT
26 CORPORATION TO WHICH A STATE-RELATED INSTITUTION IN THE
27 COMMONWEALTH SYSTEM OF HIGHER EDUCATION HAS A POWER OR RIGHT OF
28 NOMINATION SHALL NOT BE ENLARGED OR DECREASED WITHOUT THE PRIOR
29 WRITTEN APPROVAL OF THE STATE-RELATED INSTITUTION.
30 (B) APPLICABILITY.--
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1 (1) THIS SECTION SHALL APPLY ONLY TO A NONPROFIT
2 CORPORATION TO WHICH A STATE-RELATED INSTITUTION HAD THE
3 RIGHT OR POWER, PRIOR TO THE EFFECTIVE DATE OF THIS SECTION,
4 TO NOMINATE A MAJORITY OF THE NONPROFIT CORPORATION'S BOARD
5 OF DIRECTORS.
6 (2) THE PROVISIONS OF SECTION 6110 (RELATING TO
7 ADMINISTRATION OF CHARITABLE ESTATES) AND THE DOCTRINE OF
8 DEVIATION SHALL NOT BE APPLIED TO PERMIT A RESULT CONTRARY TO
9 THE PROVISIONS OF THIS SECTION.
10 SECTION 4. SECTION 7203(D) OF TITLE 20, ADDED NOVEMBER 6,
11 2002 (P.L.1101, NO.133), IS AMENDED BY ADDING A PARAGRAPH TO
12 READ:
13 § 7203. PRUDENT INVESTOR RULE.
14 * * *
15 (D) REQUIREMENTS FOR CHARITABLE TRUSTS HOLDING A CONTROLLING
16 INTEREST IN CERTAIN PUBLICLY TRADED BUSINESS CORPORATIONS.--
17 * * *
18 (6) FOR PURPOSES OF THIS SUBSECTION, THE TERM
19 "CONTROLLING INTEREST" MEANS THE OWNERSHIP OF OR VOTING POWER
20 OVER THE VOTING SHARES OF A PUBLICLY TRADED BUSINESS
21 CORPORATION HELD BY A CHARITABLE TRUST THAT ENABLES THE
22 FIDUCIARY OF THAT CHARITABLE TRUST TO CAST THE NUMBER OF
23 VOTES NECESSARY TO ELECT A MAJORITY OF THE BOARD OF DIRECTORS
24 OF THAT CORPORATION.
25 SECTION 5. THE ADDITION OF 20 PA.C.S. § 7203(D)(6) SHALL
26 APPLY RETROACTIVELY TO CIRCUMSTANCES RELATED TO AN INVESTMENT OR
27 MANAGEMENT DECISION EXECUTING A CHANGE IN CONTROL WHERE THE
28 REVIEW OR APPROVAL OF A COMMONWEALTH AGENCY OR A COURT IS
29 PENDING ON NOVEMBER 6, 2002.
30 SECTION 6. THE INTERIM REGULATIONS NECESSARY TO IMPLEMENT
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1 THE ADDITION OF 20 PA.C.S. CH. 54A, UNDER SECTION 6 OF THE ACT
2 OF JUNE 19, 2002 (P.L.409, NO.59), ENTITLED "AN ACT AMENDING
3 TITLE 20 (DECEDENTS, ESTATES AND FIDUCIARIES) OF THE
4 PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR
5 ADVANCE DIRECTIVES FOR HEALTH CARE, FOR DEFINITIONS AND FOR
6 EMERGENCY MEDICAL SERVICES; AND PROVIDING FOR OUT-OF-HOSPITAL
7 NONRESUSCITATION," SHALL NOT BE SUBJECT TO SECTION 201 OR 205 OF
8 THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
9 COMMONWEALTH DOCUMENTS LAW.
10 SECTION 3 7. THIS ACT SHALL APPLY AS FOLLOWS: <--
11 (1) THE AMENDMENT OF 20 PA.C.S. § 2102 SHALL BE
12 RETROACTIVE TO SEPTEMBER 11, 2001.
13 (2) THE AMENDMENT OF 20 PA.C.S. § 3392 SHALL APPLY TO
14 THE ESTATE OF A DECEDENT WHO DIES ON OR AFTER THE EFFECTIVE
15 DATE OF THIS ACT.
16 Section 3 4 8. This act shall take effect immediately. <--
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