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Pennsylvania Code



Subchapter B. AMENDATORY BILLS


ADDING PROVISIONS

Sec.


19.101.    Article.
19.102.    Subdivision.
19.103.    Section between existing sections.
19.104.    Section at end of statute.
19.105.    Subsection.
19.106.    Clause in section.
19.107.    Clause in subsection.
19.108.    Undesignated paragraph in section.
19.109.    Undesignated paragraph in subsection.
19.110.    Definitions.

REPEALING PROVISIONS


19.121.    Statute without short title.
19.122.    Statute with official short title.
19.123.    Statute and supplement.
19.124.    Article.
19.125.    Subdivision.
19.126.    More than one section.
19.127.    Single section.
19.128.    Subsection using repealer clause.
19.129.    Subsection using brackets.
19.130.    Definition using repealer clause.
19.131.    Definition using brackets.

AMENDING PROVISIONS


19.141.    Constitutional title of statute.
19.142.    Section not previously amended.
19.143.    Section previously amended.
19.144.    More than one section.
19.145.    Section containing pre-1937 enacting clause.
19.146.    Subsection.
19.147.    Subsection carrying penalty clause.
19.148.    Clause in section.
19.149.    Clause in subsection.
19.150.    Clause in unnumbered paragraph.
19.151.    Unnumbered paragraph.
19.152.    Subparagraph in paragraph.
19.153.    Definitions.

MISCELLANEOUS


19.161.    Amend and add sections.
19.162.    Amend and add subsections.
19.163.    Amend and add clause.
19.164.    Reenact and amend statute.
19.165.    Reenact penalty section.
19.166.    Amend section 202 of Administrative Code.

ADDING PROVISIONS


§ 19.101. Article.

 Section 2. The act is amended by adding an article to read:

ARTICLE XXII-A
POWERS AND DUTIES OF THE
DEPARTMENT OF AGING


 Section 2201-A. Powers and Duties in General.—Subject to any inconsistent provisions in this act, the Department of Aging shall have the power and its duty shall be:

   (1) To serve as a clearinghouse for information related to problems of the aged and aging.

   (2) To assist the Governor in all matters pertaining to problems of the aged and aging.

   (3) To develop plans and conduct and arrange for research and demonstration programs in the field of aging.

   (4) To provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

   (5) To prepare, publish and disseminate educational materials dealing with the welfare of older persons.

   (6) To gather statistics in the field of aging which other governmental agencies are not collecting.

   (7) To stimulate more effective use of existing resources and available services for the aged and aging.

§ 19.102. Subdivision.

 Section 1. Article XXI of the act of July 28, 1953 (P. L. 723, No. 230), known as the Second Class County Code, is amended by adding a subdivision to read:

ARTICLE XXI
Special Powers and Duties of the County
***

(p.1) Legal Aid Services


 Section 2199.1A. Appropriations for Legal Aid Services.—The board of commissioners of a county of the second class A may appropriate moneys for payment to nonprofit legal aid associations or societies, or county bar associations, who provide legal aid services for indigent persons in civil matters.

§ 19.103. Section between existing sections.

 Section 2. The act is amended by adding a section to read:

 Section 13.1. Referendum.—The question whether the debt shall be increased shall be submitted to the electors at the next Statewide primary or municipal election to be held in this Commonwealth after the question has been published by the Secretary of the Commonwealth in at least two newspapers in every county.

§ 19.104. Section at end of statute.

 Section 1. The act of July 2, 1937 (P. L. 2772, No. 570), entitled ‘‘An act to require certain records of oil and gas wells drilled in the Commonwealth showing the location of the same and the geologic formations encountered therein, and to make copies of such records available upon payment of prescribed fees; and providing fees and penalties,’’ is amended by adding a section to read:

 Section 5. The Department of Environmental Resources shall transmit all fees heretofore and hereafter collected under this act to the State Treasurer, through the Department of Revenue, for deposit to the credit of the General Fund.

§ 19.105. Subsection.

 Section 1. Section 6 of the act of June 22, 1970 (P. L. 378, No. 122), known as the Nursing Home Administrators License Act, is amended by adding a subsection to read:

 Section 6. Qualifications for Admission to Examination.—***

 (f) A person who has operated a nursing home for a period of three years or more shall be admitted to the licensing examination without the necessity of submitting written evidence of high school graduation or its equivalent.

§ 19.106. Clause in section.

 Section 1. Section 702 of the act of May 1, 1933 (P. L. 103, No. 69), known as The Second Class Township Code, reenacted and amended July 10, 1947 (P. L. 1481, No. 567), is amended by adding a clause to read:

 Section 702. Supervisors to Exercise Powers.—The corporate powers of townships of the second class shall be exercised by the township supervisors. Where no specific authority is given for the expenditures incident to the exercise of any power hereinafter conferred, or where no specific fund is designated from which such expenditures shall be made, appropriations for such expenditures shall be made only from the general township fund. In addition to the duties imposed upon them by section 516 hereof, they shall have power—

 ***

 LXV. Appropriations for Mental Health Centers.—To appropriate money annually to any nonprofit association or corporation which operates or conducts a mental health center.

§ 19.107. Clause in subsection.

 Section 1. Section 202(a) of the act of May 21, 1943 (P. L. 571, No. 254), known as The Fourth to Eighth Class County Assessment Law, is amended by adding a clause to read:

 Section 202. Exemptions from Taxation.—(a) The following property shall be exempt from all county, borough, town, township, road, poor, county institution district and school (except in cities) tax, to wit:

 ***

 (13) Silos used predominantly for processing or storage of animal feed incidental to the operation of the farm on which the silo is located shall not be included in determining the value of real estate used predominantly as a farm.

 ***

§ 19.108. Undesignated paragraph in section.

 Section 1. Section 12.1 of the act of May 25, 1933 (P. L. 1050, No. 242), entitled ‘‘An act creating and establishing a fund for the care, maintenance, and relief of aged, retired and disabled employes of the bureau of fire in cities of the second class; creating a board for the management thereof; providing the mode and manner of payment to beneficiaries, and for the care and disposition of its funds; and providing for the transfer and payment of all moneys and securities in existing funds in similar boards superseded by the fund and board herein created,’’ is amended by adding a paragraph to read:

 Section 12.1. ***

 In addition to other benefits provided by this act, the city council may, by ordinance, pay beneficiaries of the fund who retired on or before December 31, 1968 an additional sum of forty dollars ($40) per month.

§ 19.109. Undesignated paragraph in subsection.

 Section 1. Section 834(a) of the act of April 29, 1959 (P. L.58, No.32), known as the Vehicle Code, is amended by adding a paragraph to read:

 Section 834. Official Inspections.—

 (a)  ***

 Motor vehicles designed and used as fire trucks shall be inspected once a year in accordance with regulations prescribed by the department.

 ***

§ 19.110. Definitions.

 Section 1. Section 2 of the act of April 8, 1937 (P. L. 262, No. 66), known as the Consumer Discount Company Act, is amended by adding a definition to read:

 Section 2. Definitions.—The following terms shall be construed in the act to have the following meanings, except in those instances where the context clearly indicates otherwise:

 ***

 ‘‘Capital or capitalization’’ means the legal or stated capital which, at any particular time, is fully paid in and the sum of the par value of all shares issued and outstanding or the amount of consideration received by the corporation for all shares issued and outstanding without par value but is limited to the amount which has been credited to capital stock accounts.

 (Note: Definitions not in alphabetical order but added at end.)

 Section 1. Section 102 of the act of April 12, 1951 (P. L. 90, No. 21), known as the Liquor Code, is amended by adding a definition to read:

 Section 102. Definitions.—The following words or phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:

 ***

 ‘‘Golf course’’ shall mean a course having a minimum of nine holes and a total length of at least twenty-five hundred yards.

 (Note: Definitions in alphabetical order and placed in proper sequence.)

 Section 1. Section 2 of the act of May 2, 1945 (P. L. 382, No. 164), known as the Municipality Authorities Act of 1945, is amended by adding a clause to read:

 Section 2. Definitions.—The following terms whenever used or referred to in this act shall have the following meanings, except in those instances where the context clearly indicates otherwise:

 ***

   (m) The term ‘‘eligible educational institution’’ shall mean an independent institution of higher education located in and chartered by, the Commonwealth, which is not a State-owned institution, which is operated not for profit, which is determined by the Authority not to be a theological seminary or school of theology or a sectarian and denominational institution and which is approved as eligible by the Authority pursuant to regulations approved by it.

 (Note: Definitions not in alphabetical order and added at end)

 Section 1. Section 102 of the act of November 30, 1965 (P. L. 847, No. 356), known as the Banking code of 1965, is amended by adding a clause to read: Section 102. Definitions

 Subject to additional definitions contained in subsequent chapters of this act which are applicable to specific chapters or sections thereof, the following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

 ***

 (bb. 1) ‘‘Subsidiary’’—a corporation controlled by an institution which owns at least a majority of its shares

 ***

 (Note: Definitions in alphabetical order and placed in proper sequence.)

REPEALING PROVISIONS


§ 19.121. Statute without short title.



AN ACT

  Repealing the act of March 22, 1860 (P. L. 233, No. 228), entitled ‘‘An act relative to the Courts in Fulton county.’’

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

 Section 1. The act of March 22, 1860 (P. L. 233, No. 228), entitled ‘‘An act relative to the Courts in Fulton county,’’ is repealed.

§ 19.122. Statute with official short title.

 Section 1. The act of June 21, 1937 (P. L. 1948, No. 378), known as the Nonprofit Hospital Plan Act, is repealed.

§ 19.123. Statute and supplement.


 Section 9. Repeals.

 The following acts and parts of acts are repealed:

 Act of March 23, 1868 (P. L. 424, No. 385), entitled ‘‘An act to secure farmers against losses caused by railroads in Erie county.’’

 Act of April 13, 1868 (P. L. 1022, No. 955), entitled ‘‘A supplement to an act, entitled "An act to secure farmers against losses caused by railroads in Erie county,’ approved on the twenty-third day of March, Anno Domini one thousand eight hundred and sixty-eight, exempting certain lands from its operations, and to provide for cases where farmers may be harmed by said railroad companies.’’

§ 19.124. Article.

 Section 1. Article III of the act of March 4, 1971 (P. L. 6, No. 2), known as the Tax Reform Code of 1971, is repealed.

§ 19.125. Subdivision.

 Section 1. Subdivision (g) of Article IV of the act of February 1, 1966 (1965 P. L. 1656, No. 581), known as The Borough Code, is repealed.

§ 19.126. More than one section.


AN ACT

  Repealing sections 831 and 832 of the act of February 1, 1966 (1965 P. L. 1656, No. 581), entitled ‘‘An act concerning boroughs, and revising, amending and consolidating the law relating to boroughs,’’ relating to election of auditors.

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

 Section 1. Sections 831 and 832 of the act of February 1, 1966 (1965 P. L. 1656, No. 581), known as The Borough Code, are repealed.

 (Note: In the alternative, the title could be worded similar to an amendatory act i.e. Amending the act of .)

§ 19.127. Single section.


AN ACT

  Repealing section 1303 of the act of March 10, 1949 (P. L. 30, No. 14), entitled ‘‘An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto,’’ relating to requirements for smallpox vaccinations.

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

 Section 1. Section 1303 of the act of March 10, 1949 (P. L. 30,No. 14), known as the Public School Code of 1949, is repealed.

§ 19.128. Subsection using repealer clause.


AN ACT

  Amending the act of February 1, 1966 (1965 P. L. 1656, No. 581), entitled ‘‘An act concerning boroughs, and revising, amending and consolidating the law relating to boroughs,’’ repealing provisions relating to election of auditors.

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

 Section 1. Section 831(b) of the act of February 1, 1966 (1965 P. L. 1656, No. 581), known as The Borough Code, is repealed.

§ 19.129. Subsection using brackets.

 Section 1. Section 831(b) of the act of February 1, 1966 (1965 P. L. 1656, No. 581), known as The Borough Code, is amended to read:

 Section 831. Election of Auditors.—* * *

 [(b) The auditors shall hold office for terms of six years.]

§ 19.130. Definition using repealer clause.


AN ACT

  Amending the act of April 29, 1959 (P. L. 58, No. 32), entitled ‘‘An act consolidating and revising the Vehicle Code, the Tractor Code, the Motor Vehicle Financial Responsibility Act and other acts relating to the ownership, possession and use of vehicles and tractors,’’ repealing the definition of ‘‘nonresident.’’

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

 Section 1. The definition of ‘‘nonresident’’ in section 102 of the act of April 29, 1959 (P. L. 58, No. 32), known as The Vehicle Code, is repealed.

§ 19.131. Definition using brackets.

 Section 1. The definition of ‘‘non-resident’’ in section 102 of the act of April 29, 1959 (P. L. 58, No. 32), known as The Vehicle Code, is amended to read:

 Section 102. Definitions.—As used in this act:

 ***

 [‘‘Nonresident’’ means any person not a resident of this Commonwealth.]

 ***

AMENDING PROVISIONS


§ 19.141. Constitutional title of statute.

 Section 1. The title of the act of March 11, 1971 (P. L. 104, No. 3), known as the Senior Citizens Property Tax Assistance Act, is amended to read:

AN ACT

  Providing property tax or rent assistance to certain senior citizens, widows, widowers and permanently disabled persons with limited incomes; establishing uniform standards and qualifications for eligibility to receive assistance; and imposing duties upon the Department of Revenue; [and making an appropriation].

§ 19.142. Section not previously amended.

 Section 1. Section 1231 of the act of August 9, 1955 (P. L. 323, No. 130), known as The County Code, is amended to read:

 Section 1231. Deputies.—The coroner may appoint one or more deputies to act in his place and stead, as he may deem proper and necessary. Such deputy or deputies shall have the same powers as the coroner. [In counties of the fifth, sixth, seventh, and eighth classes, such deputies shall receive the same fees as the coroner.]

§ 19.143. Section previously amended.

 Section 1. Section 612 of the act of May 1, 1933 (P. L. 103, No. 69), known as The Second Class Township Code, reenacted and amended July 10, 1947 (P. L. 1481, No. 567) and amended December 15, 1965 (P. L. 1094, No. 421), is amended to read:

 Section 612. Expenses and Mileage.—The expenses allowed the delegates attending the annual meeting [shall] may be [thirty-five] in an amount not exceeding fifty dollars per day for each delegate for not more than four days including the time employed in traveling thereto and therefrom, together with [ten] twelve cents per mile in going to and returning from such meeting and shall be paid by the respective county associations.

§ 19.144. More than one section.

 Section 1. Sections 201, 203 and 204 of the act of December 22, 1965 (P. L. 1124, No. 437), known as the Dog Law of 1965, are amended to read:

§ 19.145. Section containing pre-1937 enacting clause.

 Section 1. Section 1 of the act of June 28, 1923 (P. L. 884, No. 335), entitled ‘‘An act exempting in certain cases the net proceeds of life insurance policies or annuities from the claims of creditors,’’ is amended to read:

 Section 1. Be it enacted, &c., That the net amount payable under any policy of life insurance or under any annuity contract upon the life of any person, heretofore or hereafter made for the benefit of or assigned to the [wife] spouse or children or dependent relative of such person, shall be exempt from all claims of the creditors of such person arising out of or based upon any obligation created after the passage of this act, whether or not the right to change the named beneficiary is reserved by or permitted to such person.

 (Note: Do not bracket or amend the enacting clause.)

§ 19.146. Subsection.

 Section 1. Section 523(a) of the act of March 10, 1949 (P. L. 30, No. 14), known as the Public School Code of 1949, amended October 21, 1965 (P. L. 601, No. 312), is amended to read:

 Section 523. Educational Broadcasting.—

 (a)  The State Board of Education shall adopt and amend, when necessary, a State Plan for Educational Broadcasting. The State plan shall provide for the development of educational broadcasting facilities in the Commonwealth and shall define educational broadcasting service areas which shall be served by specified broadcasting centers. The Department of [Public Instruction] Education shall promulgate regulations to implement the State plan. Prior to adoption or amendment of the State plan, the board shall submit the plan to the Pennsylvania Public Television Network Commission and for its comments.

 ***

§ 19.147. Subsection carrying penalty clause.

 Section 1. Section 1024(b) of the act of April 29, 1959 (P. L. 58, No. 32), known as The Vehicle Code, is amended to read:

 Section 1024. Tampering with Vehicles.—

 ***

 (b)  No person shall hang on to, or ride on, the outside or the rear end of any vehicle, and no person on a bicycle, roller skates, sled, or any similar device, shall hold fast to or hitch on to any moving vehicle, and no operator of a vehicle shall knowingly permit any person to hang on to, or ride on, the outside or rear end of the vehicle, which he is operating, or allow any person on a bicycle, roller skates, sled, or any similar device to hold fast or hitch on to the vehicle which he is operating on any public highway, and no owner of a vehicle, if present, shall knowingly permit any person to operate any vehicle under his control in violation of this subsection. The provisions of this subsection relating to any person hanging on to or riding on the outside or the rear end of any vehicle shall not be applicable to firemen, garbage collectors or operators of fire trucks or garbage trucks acting pursuant to and during the course of their duties.

 ***

 Penalty.—Any person violating any of the provisions of subsection (a) or (c) of this section, shall, upon summary conviction before a magistrate, be sentenced to pay a fine of twenty-five dollars ($25.00) and costs of prosecution, and, in default of the payment thereof, shall undergo imprisonment for not more than ten (10) days.

 Any person violating any of the provisions of subsection (b) of this section, shall, upon summary conviction before a magistrate, be sentenced to pay a fine of five dollars ($5.00) and costs of prosecution, and, in default of the payment thereof, shall undergo imprisonment for not more than three (3) days.

§ 19.148. Clause in section.

 Section 3. Section 492(6) of the act is amended to read:

 Section 492. Unlawful Acts Relative to Malt or Brewed Beverages and Licensees.—

 It shall be unlawful—

 ***

 (6)  Sales of Malt or Brewed Beverages on Election Day by Hotels, Eating Places or Public Service Licensees. For any hotel or eating place holding a retail dispenser’s license, or any malt or brewed beverage public service licensee, or his servants, agents or employes, to sell, furnish or give any malt or brewed beverages to any person after two o’clock antemeridian, or until one hour after the time fixed by law for the closing of polling places on days on which a general, municipal, special or primary election is being held except as permitted by subsection (a) of section 406.

 ***

§ 19.149. Clause in subsection.

 Section 1. Section 2(g)(2) of the act of September 1, 1965 (P. L. 459, No. 235), entitled ‘‘An act requiring that certain buildings and facilities constructed with Commonwealth funds adhere to certain principles, standards and specifications to make the same accessible to and usable by the physically handicapped, and providing for enforcement,’’ is amended to read:

 Section 2. Grounds, Buildings and Facilities.—***

 (g)  Rest Rooms.—***

 (2)  Toilet rooms shall have at least one toilet stall that: (i) is 3 feet wide, (ii) is at least 4 feet 8 inches, preferably 5 feet deep, (iii) has a door (where doors are used) that is 32 inches wide and swings out, (iv) has handrails [on each side, 33 inches high and parallel to the floor, 1 1/2 inches in outside diameter, with 1 1/2 inches clearance between rail and wall, and fastened securely at ends and center,] or grab bars which are an integral part of the toilet seat, or are mounted on the wall, at such a height and in such a position as the Secretary of Labor and Industry shall, by regulation determine, (v) has a water closet with the seat 20 inches from the floor.

 ***

§ 19.150. Clause in unnumbered paragraph.

 Section 1. Clause (6) of the second paragraph of section 3 of the act of March 2, 1956 (1955 P. L. 1211, No. 376), known as the Practical Nurse Law, amended January 13, 1966 (1965 P. L. 1295, No. 516), is amended to read:

 Section 3. ***

 This act does not prohibit:

 ***

 (6)  Care of the sick with or without compensation or personal profit when done in connection with the practice of the religious tenets of any church by adherents thereof.

 ***

§ 19.151. Unnumbered paragraph.

 Section 1. The first paragraph of section 903 of the act of June 3, 1937 (P .L.1225, No. 316), known as The Game Law, amended May 24, 1956 (P. L. 1736, No. 579), is amended to read:

 Section 903. Purchase Price.—For land to be used as State Game Lands the commission may pay what it considers a fair and reasonable price not exceeding one hundred dollars per acre exclusive of Federal and other cost-sharing funds and consistent with the market value of land in the locality in which any such land may be located.

 ***

§ 19.152. Subparagraph in paragraph.

 Section 2. Section 4(1)(i)(A) of the act is amended to read:

 Section 4. Definitions.—The following words and phrases, as used in this act, shall have the following meanings, unless the context clearly requires otherwise.

 ***

 (1)  ***

 (i)  The word ‘‘employment’’ shall not include—

 ***

 (A)  Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of [twenty-one (21)] eighteen (18) in the employ of his father or mother.

 ***

§ 19.153. Definitions.

 Section 1. The definition of ‘‘abandoned motor vehicle’’ in section 102 of the act of April 29, 1959 (P. L. 58, No. 32), known as The Vehicle Code, amended January 15, 1970 (1969 P. L. 519, No. 195), is amended to read:

 Section 102. Definitions.—The following words and phrases when used in this act shall, for the purpose of this act, have the following meanings, respectively, except in those instances where the context clearly indicates a different meaning:

 ‘‘Abandoned Motor Vehicle.’’—(1) A motor vehicle that is inoperable and is left unattended on public property for more than [ninety-six (96)] forty-eight (48) hours or; (2) a motor vehicle that has remained illegally on public property for a period of more than [ninety-six (96)] forty-eight (48) hours; or (3) [an inoperable] a motor vehicle without registration plates left standing on or along the highway; or (4) a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than [ninety-six (96)] forty-eight (48) hours: Provided, That vehicles and equipment used or to be used in construction, or the operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this act.

 ***

MISCELLANEOUS


§ 19.161. Amend and add sections.

 Section 1. Section 2 of the act of May 15, 1969 (P. L. 40, No. 14), known as the Vietnam Conflict Veterans’ Compensation Bond Act, amended July 29, 1970 (P. L. 652, No. 221), is amended to read:

 Section 2. Authority to Borrow.—The Governor, the Auditor General and the State Treasurer are hereby authorized and directed to borrow, on the credit of the Commonwealth of Pennsylvania, such sum or sums of money not exceeding in the aggregate, at any one time, the sum of [fifty-five million dollars ($55,000,000)] sixty-five million dollars ($65,000,000) as may be found necessary to carry out the purposes of the act of July 18, 1968 (P. L. 405, No. 183), known as the ‘‘Vietnam Conflict Veterans’ Compensation Act.’’

 Section 2. The act is amended by adding a section to read:

 Section 13.1. Referendum.—The question whether the debt shall be increased shall be submitted to the electors at the next Statewide primary or municipal election to be held in this Commonwealth after the question has been published by the Secretary of the Commonwealth in at least two newspapers in every county where two are published.

§ 19.162. Amend and add subsections.

 Section 1. Section 4 of the act of December 2, 1968 (P. L. 1131, No. 352), known as the Magisterial Districts Act, is amended by adding a subsection to read:

 Section 4. Magisterial Districts; Classes.—***

 (c) There shall be no increase in the number of magisterial districts of the fourth class within a judicial district from and after the effective date of this act.

 Section 2. Section 5(a) of the act is amended to read:

 Section 5. Salaries.—(a) A district justice shall receive an annual salary paid by the Commonwealth and computed by adding to [three thousand dollars ($3,000)] six thousand dollars ($6,000) the product of the population of his magisterial district times forty cents (40¢), but in no event shall the salary exceed [fourteen thousand dollars ($14,000)] sixteen thousand five hundred dollars ($16,500) or be less than seven thousand five hundred dollars ($7,500).

 ***

§ 19.163. Amend and add clause.

 Section 1. Section 108(k) of the act of June 2, 1915 (P. L. 736, No. 338), known as The Pennsylvania Workmen’s Compensation Act, reenacted and amended June 21, 1939 (P. L. 520, No. 281) and amended October 17, 1972 (P. L. 930, No. 223), is amended and the section is amended by adding a clause to read:

 Section 108. The term ‘‘occupational disease,’’ as used in this act, shall mean only the following diseases.

 ***

 (k)  Silicosis in any occupation [other than in and around a coal mine,] involving direct contact with, handling of, or exposure to the dust of silicon dioxide.

 ***

 (q) Coal workers’ pneumoconiosis, anthraco-silicosis and silicosis (also known as miner’s asthma or black lung) in any occupation involving direct contact with, handling of or exposure to the dust of anthracite or bituminous coal.

§ 19.164. Reenact and amend statute.

 Section 1. The title of the act of September 29, 1961 (P. L. 1745, No. 708), known as The Auctioneers’ License Act, is reenacted and amended to read:

AN ACT

  To define, license and regulate resident and nonresident auctioneers and apprentice auctioneers in this Commonwealth, and revising, consolidating and making the law uniform relative thereto; conferring certain powers and duties on the Board of Auctioneer Examiners, the Commissioner of Professional and Occupational Affairs, the Secretary of the Commonwealth and on certain other departments and officers of the State; [and local governments;] providing for the keeping of records and the inspection thereof; repealing certain inconsistent laws, and providing penalties.

 Section 2. Section 1 of the act is reenacted to read:

 Section 1. Short Title.—This act shall be known and may be cited as ‘‘The Auctioneers’ License Act.’’

 Section 3. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of the act are reenacted and amended to read:

 Section 2. Definitions.—As used in this act:

 ***

§ 19.165. Reenact penalty section.

 Section 2. Section 11 of the act, reenacted July 9, 1969 (P. L. 133, No. 56), is reenacted to read:

 Section 11. Penalties.—Any person who shall wilfully resist, prevent, impede or interfere with the Commission, its members, agents or agencies in the performance of duties pursuant to this act, or shall wilfully violate an order of the Commission, shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or to undergo imprisonment not exceeding thirty (30) days, or both, in the discretion of the court, but procedure for the review of an order shall not be deemed to be such wilful conduct.

§ 19.166. Amend section 202 of Administrative Code.

 Section 1. As much as relates to the Department of Labor and Industry in section 202 of the act of April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929, amended July 28, 1953 (P. L. 656, No. 197), is amended to read:

 Section 202. Departmental Administrative Boards, Commissions, and Offices.—The following boards, commissions, and offices are hereby placed and made departmental administrative boards, commissions, or offices, as the case may be, in the respective administrative departments mentioned in the preceding section, as follows:

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 In the Department of Labor and Industry,

   Workmen’s Compensation Appeal Board,

   [Workmen’s Compensation Referees,]

   State Workmen’s Insurance Board,

   The Industrial Board,

   Unemployment Compensation Board of Review,

   Pennsylvania Labor Relations Board,

   Advisory Council on Affairs of the Handicapped;

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