reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2102 - Promoter's bonding requirements

§ 2102. Promoter's bonding requirements.
(a) General rule.
--Before the scheduled date of any professional wrestling contest or exhibition, the promoter shall provide the commission and shall maintain in effect a surety bond in an amount of not less than $10,000, as the department shall determine.
(b) Conditions of bond.
--The surety bond shall be conditioned upon the faithful performance by the promoter of his obligations under this subpart and any contract with an entity in charge of an arena or other facility at which the exhibition is held. All bonds shall be on a form supplied by the department and shall be accompanied by a filing fee fixed by the commission.
(c) Recovery on bond.
--Recovery may be had on the bond in the same manner as penalties are recoverable at law.
Cross References.
Section 2102 is referred to in sections 2101, 2107 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2103 - Gross receipts taxes

§ 2103. Gross receipts taxes.
(a) Imposition of tax.
--In addition to any Federal tax or tax imposed by any political subdivision of this Commonwealth to be paid on gross receipts, every promoter shall pay a State tax of 5% of the face value of all tickets sold to any wrestling contest or exhibition.
(b) Payment of tax.
--The tax payment shall be made to the commission within ten days after the contest or exhibition. The payment shall be accompanied by a form prescribed by the commission setting forth the taxable receipts received from the contest or exhibition, together with such other information as the department may require. Payment shall be accompanied by a verified statement by the ticket printer showing the number of tickets printed for use at the contest or exhibition. Any payment not received by the commission within the ten-day period shall be subject to a late fee fixed by the commission by regulation, which shall be not more than $100.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2104 - Physician to be in attendance

§ 2104. Physician to be in attendance.
Before any professional wrestling contest or exhibition shall take place, the promoter and the operator of the arena or facility shall employ a physician to be present at every wrestling contest or exhibition. The physician shall observe the physical condition of the participants throughout the contest or exhibition and shall be authorized to terminate the contest or exhibition when, in his judgment, severe injury would result if the contest or exhibition were to continue. The physician's fee shall be paid by the promoter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2105 - Ambulance available

§ 2105. Ambulance available.
Before any professional wrestling contest or exhibition shall take place, the promoter and the operator of the arena or facility shall have an ambulance or paramedical unit present at the arena in case a serious injury were to occur. If the ambulance or paramedical unit is located within five miles of the arena and that unit has been notified to be on call by the promoter, the unit need not be present at the arena.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2106 - Crowd control

§ 2106. Crowd control.
Before any professional wrestling contest or exhibition shall take place, the promoter and the operator of the arena or facility shall ensure that adequate security personnel are in attendance to control fans in attendance. The size of the security force is at the discretion of the promoter and the owner or operator of the arena or facility, as they shall agree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2107 - Prohibited acts

§ 2107. Prohibited acts.
(a) Arena owners or operators.
--An owner or operator of an arena or other facility at which a professional wrestling contest or exhibition takes place shall not destroy any ticket or ticket stub, whether sold or unsold, within three months after the date of any exhibition.
(b) Wrestlers.
--A wrestler shall not deliberately cut or otherwise mutilate himself while participating in a wrestling contest or exhibition.
(c) Promoter.
--A promoter shall not do any of the following:
(1) Conduct any professional wrestling contest or exhibition without satisfying the bond requirements specified in section 2102 (relating to promoter's bonding requirements).
(2) Employ as a participant in a wrestling contest or exhibition any individual who is under 18 years of age.
Cross References.
Section 2107 is referred to in section 2109 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2108 - Enforcement

§ 2108. Enforcement.
(a) General rule.
--The executive director may assign a representative of the commission to any professional wrestling contest or exhibition to ensure compliance with this subpart. This representative shall be admitted by the promoter without fee. In place of a commission representative, the executive director may, upon notifying the police chief of any municipal police department, request that a designee of the local police department monitor the compliance of this subpart at the exhibition.
(b) Enforcement fee.
--The promoter shall pay a fee of $100 for each wrestling event to the enforcement entity attending the event under subsection (a) to cover the costs of enforcement of this subpart.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2109 - Penalties

§ 2109. Penalties.
Except for a violation of section 2101 (relating to promoter's license) or 2107 (relating to prohibited acts), a knowing or reckless violation of any provision of this subpart shall be a summary offense. A knowing or reckless violation of section 2101 or 2107 shall be a misdemeanor of the third degree. In addition to any other procedure for instituting proceedings, the executive director may, upon receiving a report of an unlawful incident or a violation of this subpart, authorize the filing of a complaint or citation pursuant to the Pennsylvania Rules of Criminal Procedure.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 21 - Regulation of Professional Wrestling Contests and Exhibitions › Section 2110 - Disposition of commission receipts

§ 2110. Disposition of commission receipts.
Fees, taxes, fines, forfeitures and other money collected under the provisions of this subpart and the rules and regulations promulgated under this part, including all fees charged under this part and fines imposed and collected for violations of this part, shall be collected by the commission, transmitted to the Department of Revenue and paid into the Athletic Commission Augmentation Account established in section 1512 (relating to Athletic Commission Augmentation Account).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 31 - Preliminary Provisions (Repealed) › Section 3101 - § 3106 - (Repealed)

2022 Repeal.
Subpart A (Chapter 31) was added December 9, 2002, P.L.1423, No.180, effective in 60 days, and repealed November 3, 2022, P.L.1996, No.139, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 33 - Registration (Repealed) › Section 3301 - § 3320 - (Repealed)

2022 Repeal.
Subpart B (Chapter 33) was added December 9, 2002, P.L.1423, No.180, and repealed November 3, 2022, P.L.1996, No.139, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3503 - Commission; authority; procedure

§ 3503. Commission; authority; procedure.
(a) Regulations.--
The commission may promulgate regulations to implement this chapter.
(b) Agent for service of process.--
By acting as an athlete agent in this Commonwealth, a nonresident individual appoints the secretary as the individual's agent for service of process in a civil action in this Commonwealth related to the individual acting as an athlete agent in this Commonwealth.
(c) Subpoenas.--
The commission may issue a subpoena for material which is relevant to the administration of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3504 - Athlete agent; registration required; void contract

§ 3504. Athlete agent; registration required; void contract.
(a) Prohibition.--
Except as specified in subsection (b), an individual may not act as an athlete agent in this Commonwealth without holding a certificate of registration under this chapter.
(b) Acting as athlete agent.--
Before being issued a certificate of registration under this chapter, an individual may act as an athlete agent in this Commonwealth for all purposes except signing an agency contract, if:
(1) a student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
(2) not later than seven days after an initial act which requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this Commonwealth.
(c) Contract void.--
An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return consideration received under the contract.
Cross References.
Section 3504 is referred to in section 3514 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3507 - Suspension, revocation or refusal to renew registration

§ 3507. Suspension, revocation or refusal to renew registration.
(a) Authority.--
The commission may limit, suspend, revoke or refuse to renew a registration of an individual registered under section 3506(a) (relating to certificate of registration; issuance or denial; renewal) for conduct which would have justified refusal to issue a certificate of registration under section 3506(b).
(b) Suspension or revocation.--
The commission may suspend or revoke the registration of an individual registered under section 3505(c) (relating to registration as athlete agent; application; requirements; reciprocal registration) or renewed under section 3506(e) for a reason for which the commission could have refused to grant or renew registration or for conduct which would justify refusal to issue a certificate of registration under section 3506(b).
(c) Notice and hearing.--
The commission may deny, suspend, revoke, restrict or otherwise limit registration or refuse to renew a registration only after proper notice and an opportunity for a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3509 - Registration and renewal fees

§ 3509. Registration and renewal fees.
(a) Registration fee.--
An application for registration or renewal of registration shall be accompanied by a fee in the following amounts:
(1) For an initial application for registration or an application for renewal of registration for an individual or sole proprietor, $200.
(2) For an application for registration or an application for renewal of registration based upon a certificate of registration or licensure issued by another state for an individual or a sole proprietor, $150.
(b) Fee increase.--
The commission may increase the fees in subsection (a), by regulation, if the revenues raised by fees, fines and civil penalties imposed under this chapter are not sufficient to cover the costs of the commission to implement the provisions of this chapter. Any increase in fee may not exceed the amounts necessary to fund the commission to carry out the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3512 - Student athlete's right to cancel

§ 3512. Student athlete's right to cancel.
(a) Right.--
A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.
(b) Waiver prohibited.--
A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract.
(c) Return of consideration.--
If a student athlete, parent or guardian cancels an agency contract, the student athlete, parent or guardian is not required to pay consideration under the contract or return consideration received from the athlete agent to influence the student athlete to enter into the contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3513 - Required records

§ 3513. Required records.
(a) Records.--
An athlete agent shall create and retain for five years records of the following:
(1) the name and address of each individual represented by the athlete agent;
(2) each agency contract entered into by the athlete agent; and
(3) the direct costs incurred by the athlete agent in the recruitment or solicitation of each student athlete to enter into an agency contract.
(b) Inspection.--
Records under subsection (a) shall be open to inspection by the commission.
Cross References.
Section 3513 is referred to in section 3514 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3514 - Prohibited conduct

§ 3514. Prohibited conduct.
An athlete agent may not intentionally do any of the following:
(1) Give a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student athlete, parent or guardian to enter into an agency contract.
(2) Furnish anything of value to a student athlete or another individual if the thing of value may result in loss of the student athlete's eligibility to participate in the athlete's sport, unless:
(i) the athlete agent notifies the athletic director of the educational institution at which the student athlete is enrolled or at which the athlete agent has reasonable grounds to believe the athlete intends to enroll, not later than 72 hours after giving the thing of value; and
(ii) the student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in loss of the athlete's eligibility to participate in the student athlete's sport.
(3) Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to recruit or solicit the student athlete, parent or guardian to enter an agency contract unless registered under this chapter.
(4) Fail to create, retain or permit inspection of the records required by section 3513 (relating to required records).
(5) Fail to register when required under section 3504 (relating to athlete agent; registration required; void contract).
(6) Provide materially false or misleading information in an application for registration or renewal of registration.
(7) Predate or postdate an agency contract.
(8) Fail to notify a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, before the student athlete, parent or guardian signs an agency contract for a particular sport that the signing may result in loss of the student athlete's eligibility to participate in the student athlete's sport.
(9) Encourage another individual to do any of the prohibited activities under paragraph (1), (2), (3), (4), (5), (6), (7) or (8) on behalf of the athlete agent.
(10) Encourage another individual to assist any other individual in doing any of the prohibited activities under paragraph (1), (2), (3), (4), (5), (6), (7) or (8) on behalf of the athlete agent.
Cross References.
Section 3514 is referred to in sections 3506, 3515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3516 - Civil remedy

§ 3516. Civil remedy.
(a) Cause of action.--
(1) An educational institution or a student athlete may bring an action for damages against an athlete agent if the educational institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of this chapter.
(2) An educational institution is adversely affected by an act or omission of an athlete agent only if, because of the act or omission, the educational institution:
(i) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association which promotes or regulates interscholastic or intercollegiate sports; or
(ii) suffers financial damage.
(3) A student athlete is adversely affected by an act or omission of an athlete agent only if all of the following apply:
(i) At the time of the the act or omission, the student athlete was enrolled in an educational institution.
(ii) Because of the act or omission, the student athlete:
(A) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association which promotes or regulates interscholastic or intercollegiate sports; or
(B) suffers financial damage.
(b) Recovery.--
A plaintiff that prevails in an action under this section may recover actual damages and court costs. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund consideration paid to the athlete agent by or on behalf of the student athlete.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3517 - Civil penalty

§ 3517. Civil penalty.
(a) Administrative penalty.--
The commission may assess an administrative penalty against an athlete agent not to exceed $50,000 for a violation of this chapter.
(b) Administrative agency law.--
A penalty under this section is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3518 - Uniformity of application and construction

§ 3518. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3519 - Relation to Electronic Signatures in Global and National Commerce Act

§ 3519. Relation to Electronic Signatures in Global and National Commerce Act.
To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may supersede provisions of that act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 37 - Intercollegiate Athletics › Section 3702 - Definitions

§ 3702. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Athlete agent."
As defined in section 3502 (relating to definitions).
"College student athlete."
An individual enrolled at an institution of higher education who participates in intercollegiate athletics for the institution of higher education. The term does not include an individual whose participation is or was in a college intramural sport, club sport or in a professional sport outside of intercollegiate athletics.
"Institution of higher education."
Any of the following:
(1) A university within the State System of Higher Education.
(2) The Pennsylvania State University, the University of Pittsburgh, Temple University, Lincoln University or any other institution designated as State-related by the Commonwealth.
(3) The Thaddeus Stevens College of Technology.
(4) A community college as defined in Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.
(5) A college established under Article XIX-G of the Public School Code of 1949.
(6) An institution of higher education located in and incorporated or chartered by the Commonwealth and entitled to confer degrees as specified in 24 Pa.C.S. § 6505 (relating to power to confer degrees) and as provided for by the standards and qualifications prescribed by the State Board of Education under 24 Pa.C.S. Ch. 65 (relating to private colleges, universities and seminaries).
(7) A private school licensed under the act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act.
(8) A foreign corporation approved to operate an educational enterprise under 22 Pa. Code Ch. 36 (relating to foreign corporation standards).
"NCAA."
The National Collegiate Athletic Association.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 37 - Intercollegiate Athletics › Section 3703 - Compensation regarding college student athlete's name, image or likeness rights

§ 3703. Compensation regarding college student athlete's name, image or likeness rights.
(a) Compensation allowed.--
A college student athlete may earn compensation for the use of the college student athlete's name, image or likeness under this chapter. The compensation shall be commensurate with the market value of the college student athlete's name, image or likeness. The compensation may not be provided in exchange, in whole or in part, for a current or prospective college student athlete to attend, participate or perform at a particular institution of higher education.
(b) Prohibition regarding institutions of higher education.--
An institution of higher education may not uphold a rule, requirement, standard or other limitation that prevents a college student athlete of the institution of higher education from earning compensation through the use of the college student athlete's name, image or likeness rights.
(c) Prohibitions regarding intercollegiate athletic entities.--
An athletic association, conference or other group or organization with authority over intercollegiate athletics, including the NCAA, may not:
(1) Prevent a college student athlete from earning compensation through the use or license of the college student athlete's name, image or likeness rights.
(2) Prevent an institution of higher education from fully participating in intercollegiate athletics as a result of a college student athlete's use of the college student athlete's name, image or likeness rights to seek compensation.
(d) Royalty payment.--
A person that produces a college team jersey, a college team video game or college team trading cards for the purpose of making a profit shall make a royalty payment to each college student athlete whose name, image, likeness or other individually identifiable feature is used.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 37 - Intercollegiate Athletics › Section 3704 - Professional representation

§ 3704. Professional representation.
(a) Prohibitions.--
(1) An institution of higher education, athletic association, conference or other group or organization with authority over intercollegiate athletics, including the NCAA, may not interfere with or prevent a college student athlete from fully participating in intercollegiate athletics for obtaining professional representation in relation to contracts or legal matters, including representation provided by athlete agents or legal representation provided by attorneys, in relation to a college student athlete's use of the college student athlete's name, image or likeness rights.
(2) An athletic association, conference or other group or organization with authority over intercollegiate athletics, including the NCAA, may not prevent an institution of higher education from fully participating in intercollegiate athletics without penalty to the institution or individual student as a result of a college student athlete obtaining professional representation in relation to contracts or legal matters, including representation provided by athlete agents or legal representation provided by attorneys, in relation to a college student athlete's use of the college student athlete's name, image or likeness rights.
(b) Qualifications.--
Professional representation obtained by a college student athlete shall be from a person:
(1) acting as an athlete agent in accordance with Chapter 35 (relating to athlete agents); or
(2) admitted to practice law by a court of record of this Commonwealth.
(c) Contents.--
A contract by which a college student athlete authorizes an athlete agent, acting in accordance with Chapter 35, to negotiate or solicit compensation for the use of the college student athlete's name, image or likeness shall include a statement that the contract does not obligate the college student athlete to use the athlete agent for any service beyond professional representation in relation to the use of the name, image or likeness.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 37 - Intercollegiate Athletics › Section 3705 - Scholarships

§ 3705. Scholarships.
(a) Eligibility.--
Earning compensation from the use of a college student athlete's name, image or likeness rights may not affect the college student athlete's scholarship eligibility, duration or renewal.
(b) Compensation.--
(1) For purposes of this chapter, an athletics grant-in-aid or stipend scholarship from an institution of higher education in which a college student athlete is enrolled may not be considered to limit a college student athlete's right to use the college student athlete's name, image or likeness rights, except as expressly provided in this section.
(2) An athletics grant-in-aid or stipend scholarship may not be revoked or reduced as a result of a college student athlete earning compensation under this chapter, except if otherwise mandated by Federal or State student aid guidelines.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 37 - Intercollegiate Athletics › Section 3707 - Violations and claims

§ 3707. Violations and claims.
(a) Protections and right to adjudicate.--
A college student athlete, institution of higher education or conference shall not be deprived of a protection provided under State law with respect to a controversy that arises in this Commonwealth and shall have the right to adjudication in this Commonwealth of a claim that arises in this Commonwealth.
(b) Private civil action.--
A college student athlete shall have the right to pursue a private civil action against a person that violates this chapter. The court shall award costs and reasonable attorney fees to a prevailing plaintiff in an action brought against a person violating this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 37 - Intercollegiate Athletics › Section 3709 - Severability

§ 3709. Severability.
The provisions of this chapter are severable. If any provision of this chapter or the application of any provision of this chapter is held to be invalid, that invalidity shall not affect any other provision or application of any other provision that can be given effect without the invalid provision or application.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Extra - Title Notes

Special Provisions in Appendix.
See section 13 of Act 31 of 2009 in the appendix to this title for special provisions
            relating to applicability.
Enactment.
Unless otherwise noted, the provisions of Title 7 were added July 8, 2008, P.L.796,
            No.56, effective in 120 days.
Enactment.
Part I (Reserved) was added July 8, 2008, P.L.796, No.56, effective in 120 days.
Enactment.
Part II was added July 8, 2008, P.L.796, No.56, effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Extra - Appendix To Title

APPENDIX TO TITLE 7
BANKS AND BANKING
Supplementary Provisions of Amendatory Statutes
2009, AUGUST 5, P.L.117, NO.31
§ 13. Applicability.
The following shall apply:
(1) Individuals not licensed as mortgage originators under 7 Pa.C.S. Ch. 61 who are required to be licensed as mortgage originators by virtue of this act may continue to engage in the mortgage loan business in their current capacity if they file an application for a mortgage originator license with the department within 60 days of the effective date of this section.
(2) Licenses issued under 7 Pa.C.S. Ch. 61 prior to the effective date of this section that were conditioned upon completion of the education and testing requirements of 7 Pa.C.S. Ch. 61 existing prior to the effective date of this section shall be conditioned upon the completion of the education and testing requirements of this act by December 31, 2009.
Explanatory Note.
Act 31 amended or added sections 6101, 6102, 6111, 6112, 6121, 6122, 6125, 6131, 6131.1, 6132, 6133, 6135, 6138, 6139 and 6154 of Title 7.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Extra - Chapter Notes

Enactment.
Chapter 61 was added July 8, 2008, P.L.796, No.56, effective in 120 days.
Cross References.
Chapter 61 is referred to in section 4302 of Title 12 (Commerce and Trade); section
            6103 of Title 53 (Municipalities Generally).
Cross References.
Subchapter C is referred to in section 6112 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6101 - Scope and short title

§ 6101. Scope and short title.
(a) Scope.--
This chapter relates to mortgage loan industry licensing and consumer protection. This chapter does not apply to a banking institution or federally chartered or State-chartered credit union, if the primary regulator of the banking institution or federally or State-chartered credit union supervises the banking institution or federally or State-chartered credit union.
(b) Short title.--
This chapter shall be known and may be cited as the Mortgage Licensing Act.
(Aug. 5, 2009, P.L.117, No.31, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6111 - License requirements

§ 6111. License requirements.
(a) General rule.--
Except as provided under subsections (b) and (c) and section 6112 (relating to exceptions to license requirements), on and after the effective date of this section, no person shall engage in the mortgage loan business in this Commonwealth without being licensed as a mortgage broker, mortgage lender, mortgage servicer or mortgage originator as provided under this chapter. A mortgage originator may not engage in the mortgage loan business unless the mortgage originator is sponsored in the Nationwide Mortgage Licensing System and Registry by a licensed mortgage broker, mortgage lender, mortgage servicer or mortgage loan correspondent, person excepted from this chapter or person excepted from licensure under section 6112 and is under the direct supervision and control of the sponsoring licensee or excepted person.
(b) Licensed activity exceptions.--
(1) A mortgage lender may:
(i) Act as a mortgage broker without a separate mortgage broker license.
(ii) Act as a mortgage servicer without a separate mortgage servicer license for mortgage loans the mortgage lender has originated, negotiated and owns.
(2) (Deleted by amendment).
(3) A person licensed as a mortgage broker may only perform the services of a mortgage broker.
(4) A person only licensed as a mortgage servicer may only perform the services of a mortgage servicer.
(c) Loans for business or commercial purposes.--
This chapter shall not apply to mortgage loans made for business or commercial purposes.
(Aug. 5, 2009, P.L.117, No.31, eff. imd.; July 2, 2013, P.L.210, No.38, eff. 60 days; Dec. 22, 2017, P.L.1260, No.81; Feb. 3, 2022, P.L.24, No.8, eff. 60 days)
2022 Amendment.
Act 8 amended subsecs. (a) and (b)(1)(i) and deleted subsec. (b)(2).
2017 Amendment.
Act 81 amended subsecs. (a) and (b). Section 9(2) of Act 81 provided that the amendment of section 6111 shall take effect upon the effective date of regulations promulgated under section 6141 of this title.
Cross References.
Section 6111 is referred to in section 7331 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6124 - Prohibited clauses in mortgage loan documents

§ 6124. Prohibited clauses in mortgage loan documents.
No writing of any kind executed in connection with a mortgage loan shall contain:
(1) An agreement whereby the consumer waives any rights accruing to the consumer under the provisions of this chapter.
(2) An irrevocable wage assignment of, or order for the payment of, any salary, wages, commissions or any other compensation for services, or any part thereof, earned or to be earned.
(3) An agreement to pay any amount other than the unpaid balance of the mortgage loan agreement or promissory note or any other charge authorized by this chapter.
Cross References. Section 6124 is referred to in section 6112 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6125 - Mortgage lending authority

§ 6125. Mortgage lending authority.
(a) First mortgage loans.--
Mortgage lenders engaged in the first mortgage loan business may make first mortgage loans pursuant to:
(1) the act of January 30, 1974 (P.L.13, No.6), referred to as the Loan Interest and Protection Law; or
(2) if the licensee is qualified, applicable Federal law, including the Alternative Mortgage Transaction Parity Act of 1982 (96 Stat. 1545, 12 U.S.C. § 3801 et seq.) and section 501 of the Depository Institution Deregulation and Monetary Control Act of 1980 (94 Stat. 161, 12 U.S.C. § 1735f-7a).
(b) Secondary mortgage loans.--
Mortgage lenders engaged in the secondary mortgage loan business may:
(1) if the licensee is qualified, make secondary mortgage loans on terms as are permissible under applicable Federal law, including the Alternative Mortgage Transaction Parity Act of 1982; or
(2) (i) make secondary mortgage loans repayable in installments and charge, contract for and receive thereon interest at a rate not exceeding 1.85% per month. No interest shall be paid, deducted or received in advance, except that interest from the date of disbursement of funds to the consumer to the first day of the following month shall be permitted in the event the first installment payment is more than 30 days after the date of disbursement. Interest shall not be compounded and shall be computed only on unpaid principal balances. However, the inclusion of earned interest in a new note shall not be considered compounding. For the purpose of computing interest, a month shall be any period of 30 consecutive days;
(ii) charge and collect an origination fee not exceeding 3% of the original principal amount of the secondary mortgage loan. The fee shall be fully earned at the time the secondary mortgage loan is made and may be added to the principal amount of the secondary mortgage loan. No origination fee may be collected on subsequent advances made pursuant to an open-end loan if the full fee of 3% of the credit limit was collected at the time the open-end loan was made; and
(iii) charge and collect a delinquency charge of $20 or 10% of each payment, whichever is greater, for a payment which is more than 15 days late.
(Aug. 5, 2009, P.L.117, No.31, eff. imd.)
2009 Amendment.
Act 31 amended subsec. (b)(2)(ii).
Cross References. Section 6125 is referred to in section 6112 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6134 - License duration

§ 6134. License duration.
A license issued by the department shall be subject to all of the following limitations:
(1) Be renewed on the licensee's renewal date each year upon completion of the requirements of section 6131(h)
(relating to application for license). No refund of any portion of the license fee shall be made if the license is voluntarily surrendered to the department or suspended or revoked by the department prior to its expiration date.
(2) Be invalid if the licensee's authority to conduct business is voided under any law of this Commonwealth or any other state, unless the licensee demonstrates to the satisfaction of the department that the applicable court or governmental entity was clearly erroneous in voiding the licensee's authority to conduct business.
(3) Not be assignable or transferable by operation of law or otherwise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6136 - Licensee limitations

§ 6136. Licensee limitations.
(a) Name and changes to name.--
A licensee cannot transact any business under this chapter under any other name or names except those names designated in its license. A mortgage originator may not use any other name other than the mortgage originator's personal legal name. A licensee that changes its name or place or places of business shall notify the department or the Nationwide Mortgage Licensing System and Registry, as determined by the department, within ten days of the change.
(b) Other businesses.--
A licensee cannot conduct a business other than the mortgage loan business licensed by the department under this chapter without at least 30 days' prior written notification to the department.
(July 2, 2013, P.L.210, No.38, eff. 60 days)
2013 Amendment. Act 38 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6137 - Surrender of license

§ 6137. Surrender of license.
Upon satisfying the department that all creditors of a licensee have been paid or that other arrangements satisfactory to the creditors and the department have been made, a licensee may voluntarily surrender its license to the department by providing the department or the Nationwide Mortgage Licensing System and Registry, as determined by the department, written notice that the license is being voluntarily surrendered, but an action by a licensee shall not affect the licensee's civil or criminal liability for acts committed.
(July 2, 2013, P.L.210, No.38, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6140 - Penalties

§ 6140. Penalties.
(a) Persons operating without licenses.--
A person subject to the provisions of this chapter and not licensed by the department who violates any provision of this chapter or who commits any action which would subject a license to suspension, revocation or nonrenewal under section 6139 (relating to suspension, revocation or refusal) may be fined by the department up to $10,000 for each offense.
(b) Violation by licensee.--
A person licensed under this chapter or director, officer, owner, partner, employee, mortgage originator or agent of a licensee who violates a provision of this chapter or who commits any action which would subject the licensee to suspension, revocation or nonrenewal under section 6139 may be fined by the department up to $10,000 for each offense.
(July 2, 2013, P.L.210, No.38, eff. 60 days)
2013 Amendment.
Act 38 amended subsec. (b).
Cross References.
Section 6140 is referred to in section 6112 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6141 - Mortgage servicers

§ 6141. Mortgage servicers.
(a) Regulatory coordination.--
In order to implement this chapter as applicable to mortgage servicers, the following apply:
(1) Subject to paragraph (2), the department shall promulgate regulations which effectively incorporate the Consumer Financial Protection Bureau's mortgage servicer regulations at 12 CFR Pt. 1024, Subpt. C (relating to mortgage servicing), other than 12 CFR 1024.30 (relating to scope). The regulations promulgated under this paragraph shall not apply to a reverse mortgage or timeshare or a person excepted from licensure under section 6112 (relating to exceptions to license requirements).
(2) When the Federal regulations under paragraph (1) are altered, the department shall promulgate regulations making the appropriate incorporation.
(3) Regulations under this subsection shall not be subject to any of the following:
(i) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(ii) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
(iii) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(b) Failure of regulatory coordination.--
If an alteration of Federal regulations under subsection (a)(2) results in a complete lack of Federal regulations in the area, all of the following apply:
(1) The version of the Pennsylvania regulations in effect at the time of the alteration shall remain in effect for two years.
(2) During the time period under paragraph (1), the department shall promulgate replacement regulations.
(Dec. 22, 2017, P.L.1260, No.81, eff. imd.; Feb. 3, 2022, P.L.24, No.8, eff. 60 days)
2022 Amendment.
Act 8 amended subsec. (a)(1).
2017 Amendment.
Act 81 added section 6141.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6151 - Applicability

§ 6151. Applicability.
The provisions of this chapter shall apply to:
(1) Any mortgage loan which is:
(i) negotiated, offered or otherwise transacted within this Commonwealth, in whole or in part, whether by the ultimate lender or any other person;
(ii) made or executed within this Commonwealth; or
(iii) notwithstanding the place of execution, secured by a dwelling or residential real estate located in this Commonwealth.
(2) Any person who engages in the mortgage loan business in this Commonwealth.
(July 2, 2013, P.L.210, No.38, eff. 60 days)
Cross References.
Section 6151 is referred to in section 6112 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6152 - Relationship to other laws

§ 6152. Relationship to other laws.
The following apply:
(1) A political subdivision may not enact or enforce any ordinance, resolution or regulation pertaining to the financial or lending activities of a person that:
(i) is subject to the jurisdiction of the department, including activities subject to this chapter;
(ii) is subject to the jurisdiction or regulatory supervision of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Federal Trade Commission or the United States Department of Housing and Urban Development; or
(iii) originates, purchases, sells, assigns, securitizes or services any property interest or obligation created by a financial transaction or loan made, executed or originated by a person referred to in subparagraph (i) or (ii) or assists or facilitates such a transaction or loan.
(2) This section applies to any ordinance, resolution or regulation pertaining to financial or lending activity, including any ordinance, resolution or regulation:
(i) disqualifying a person from doing business with a political subdivision based upon financial or lending activity; or
(ii) imposing reporting requirements or any other obligations upon a person regarding financial or lending activity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 7 - BANKS AND BANKING › Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection › Section 6154 - Procedure for determination of noncompliance with Federal law (Repealed)

§ 6154. Procedure for determination of noncompliance with Federal law (Repealed).
2013 Repeal.
Section 6154 was repealed July 2, 2013, P.L.210, No.38, effective in 60 days.