reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 95 - Long-term Care Patient Access to Pharmaceuticals › Section 9508 - Civil liability and unprofessional conduct

§ 9508. Civil liability and unprofessional conduct.
(a) Repackaging and relabeling.--
A person authorized under section 9505(a) (relating to third-party drugs in long-term care facilities, assisted living residences and personal care homes) to dispense a drug shall be immune from civil liability arising out of dispensation of the drug if the person properly repackages and relabels a drug based on the information received from the original drug source facility.
(b) Administration of drug.--
A long-term care facility, assisted living residence or personal care home or an employee or agent of a long-term care facility, assisted living residence or personal care home that properly administers a drug from a person authorized under section 9505(a) to dispense the drug shall be immune from civil liability arising out of administration of the drug.
(c) Unprofessional conduct.--
A pharmacist authorized under section 9505(a) to dispense a drug who properly relabels and repackages the drug shall not be deemed to have engaged in unprofessional conduct under section 5(9) of the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act.
(Oct. 14, 2014, P.L.2511, No.147, eff. 60 days)
Cross References.
Section 9508 is referred to in section 9505 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Extra - Chapter Notes

Enactment.
Chapter 96 was added October 24, 2012, P.L.1468, No.185, effective in 60 days unless
            otherwise noted.
Cross References.
Chapter 96 is referred to in section 303 of Title 74 (Transportation).
Enactment.
Subchapter C was added November 3, 2016, P.L.1053, No.135, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9601 - Definitions

§ 9601. Definitions.
Subject to section 9602 (relating to regulations), 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:
"Commonwealth agency."
As defined in 62 Pa.C.S. § 103 (relating to definitions).
"Executive agency."
As defined in 62 Pa.C.S. § 103 (relating to definitions).
"Purchasing agency."
As defined in 62 Pa.C.S. § 103 (relating to definitions).
"Service-disabled."
Being in possession of:
(1) a disability rating letter issued by the United States Department of Veterans Affairs; or
(2) a disability determination from the United States Department of Defense.
"Service-disabled veteran-owned small business."
A small business owned and controlled by:
(1) a service-disabled veteran or veterans; or
(2) if approved by the Department of General Services, a surviving spouse or permanent caregiver of a service-disabled veteran.
"Small business."
As defined in 62 Pa.C.S. § 2102 (relating to definitions).
"State-affiliated entity."
As defined in 62 Pa.C.S. § 103 (relating to definitions).
"Veteran."
An individual who served in the United States Armed Forces, including a reserve component or the National Guard, and who was discharged or released from service under conditions other than dishonorable.
"Veteran-owned small business."
A small business owned and controlled by a veteran or veterans.
(Nov. 3, 2016, P.L.1053, No.135, eff. 60 days)
2016 Amendment.
See section 7 of Act 135 in the appendix to this title for special provisions relating to status of certain businesses.
Cross References.
Section 9601 is referred to in section 9602 of this title; section 2201 of Title 62 (Procurement); section 3101 of Title 72 (Taxation and Fiscal Affairs); section 303 of Title 74 (Transportation).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9602 - Regulations

§ 9602. Regulations.
(a) Promulgation.--
The Department of General Services shall establish policy in accordance with this subchapter for executive agencies and independent agencies and may, in consultation with the department, promulgate regulations establishing detailed definitions of the words and phrases defined in section 9601 (relating to definitions) using, in addition to the criteria set forth in section 9601, other criteria as it deems appropriate, including the number of employees and the dollar volume of business.
(b) Implementation.--
State-affiliated entities shall implement the policy for their procurement programs.
(c) Antifraud provisions.--
The Department of General Services shall establish policy and promulgate regulations establishing antifraud provisions to deter and penalize businesses that are not owned by those who are service-disabled or by veterans but who falsely claim that they are in order to receive any action authorized by this subchapter.
(d) Notice.--
Notice of the antifraud provisions and an e-mail address and telephone number to report violations of the antifraud provisions to the Department of General Services shall be included, if feasible, in any application to be certified or to be included in any source list authorized by this subchapter. The Department of General Services shall include in its annual reports to the General Assembly information about the number of businesses penalized for violating antifraud provisions.
(Nov. 3, 2016, P.L.1053, No.135, eff. 60 days)
2016 Amendment.
See section 7 of Act 135 in the appendix to this title for special provisions relating to status of certain businesses.
Cross References.
Section 9602 is referred to in section 9601 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9603 - Participation goal

§ 9603. Participation goal.
A Statewide annual goal of not less than 3% participation by veteran-owned small businesses, including service-disabled veteran-owned small businesses, is established. The participation goal shall apply to the total value of all contracts available to small businesses in each fiscal year.
Cross References.
Section 9603 is referred to in section 303 of Title 74 (Transportation).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9604 - Duties of Department of General Services

§ 9604. Duties of Department of General Services.
The Department of General Services, with the assistance of the department, shall have the following duties:
(1) If feasible, provide appropriate staff, who shall be responsible to the Department of General Services and who shall serve within designated Commonwealth agencies to assist veteran-owned small businesses and service-disabled veteran-owned small businesses in this Commonwealth in learning how to do business with Commonwealth agencies.
(2) Give special publicity to procurement procedures and issue special publications designed to assist veteran-owned small businesses and service-disabled veteran-owned small businesses in learning how to do business with Commonwealth agencies.
(3) Compile, maintain and make available source lists of veteran-owned small businesses and service-disabled veteran-owned small businesses for the purpose of encouraging procurement from veteran-owned small businesses.
(4) Include veteran-owned small businesses and service-disabled veteran-owned small businesses on solicitation mailing lists.
(5) Assure that veteran-owned small businesses and service-disabled veteran-owned small businesses are solicited on procurements for which the businesses may be suited.
(6) Develop special training programs to assist veteran-owned small businesses and service-disabled veteran-owned small businesses in learning how to do business with Commonwealth agencies.
(7) Assure that participation by veteran-owned small businesses and service-disabled veteran-owned small businesses is, if appropriate, factored into the evaluation of proposals for supplies, services or construction when a purchasing agency uses the competitive sealed proposals method under 62 Pa.C.S. § 513 (relating to competitive sealed proposals).
(8) Verify the current certification of businesses claiming to be certified as veteran-owned small businesses and service-disabled veteran-owned small businesses.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9605 - Bonding and progress payments

§ 9605. Bonding and progress payments.
(a) Bonding.--
Notwithstanding 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement Code):
(1) Except as provided in paragraph (2), a purchasing agency may reduce the level or change the types of bonding normally required or accept alternative forms of security to the extent reasonably necessary to encourage procurement from veteran-owned small businesses and service-disabled veteran-owned small businesses.
(2) For contracts under $25,000, veteran-owned small businesses and service-disabled veteran-owned small businesses shall be exempt from any bonding requirements.
(b) Progress payments.--
A purchasing agency may make special provisions for progress payments as it deems reasonably necessary to encourage procurement from veteran-owned small businesses and service-disabled veteran-owned small businesses.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9607 - Reports

§ 9607. Reports.
(a) Report to Department of General Services.--
By August 15, 2013, and each August 15 thereafter, each executive agency and independent agency shall submit an annual report for the period of July 1 to June 30 to the Department of General Services on actual utilization of veteran-owned small businesses and service-disabled veteran-owned small businesses as contractors, subcontractors, suppliers and professional service providers.
(b) Report to standing committees.--
(1) The Department of General Services and each State-affiliated entity shall annually, before October 1, report in writing to the Veterans Affairs and Emergency Preparedness Committee of the Senate and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives the actual utilization, Statewide and by each purchasing agency, of veteran-owned small businesses and service-disabled veteran-owned small businesses during the preceding fiscal year.
(2) The report shall include a list of all veteran-owned small businesses and service-disabled veteran-owned small businesses that participated as contractors, subcontractors, suppliers and professional service providers during the preceding fiscal year.
(3) Initial reports under this subsection shall be submitted to the standing committees by October 1, 2013.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9608 - Compliance with Federal requirements

§ 9608. Compliance with Federal requirements.
If a procurement involves the expenditure of Federal assistance or contract funds, the purchasing agency shall comply with Federal law and authorized regulations that are mandatorily applicable and that are not presently reflected in 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement Code).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9610 - Definitions

§ 9610. Definitions.
As used in this subchapter, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Business fee."
A fee required to be paid to the Commonwealth or a political subdivision for starting or opening a business within this Commonwealth. The term does not include a fee for maintaining licensure or other requirement for continuing to operate a business.
"Reservist."
A member of a United States Armed Forces reserve component or National Guard.
"Reservist-owned small business."
A business owned and controlled by a member of a United States Armed Forces reserve component or National Guard.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 96 - Veteran-owned Small Businesses › Section 9611 - Exemption

§ 9611. Exemption.
(a) Payment.--
A veteran-owned or reservist-owned small business shall be exempt from the payment of a business fee.
(b) Proof.--
A veteran or reservist must provide the department or licensing authority of a political subdivision with proof of the veteran's or reservist's status using any of the following with any business application:
(1) A copy of a Federal DD-214 form.
(2) A copy of a Federal NGB-22 form.
(3) A valid Federal Veterans' Administration card.
(4) A valid Department of Defense-issued military identification card.
(c) Status.--
The Department of State or licensing authority of a political subdivision, in consultation with other Commonwealth agencies, may determine an applicant's status as a veteran or reservist in accordance with this section.
(d) Offenses.--
(1) A person who fraudulently obtains a business fee exemption commits a misdemeanor of the third degree.
(2) A person assigning, transferring or attempting to assign or transfer a business fee exemption or using or attempting to use a business fee exemption contrary to this section commits a misdemeanor of the third degree.
(e) Reporting.--
The Department of State shall annually determine the total number of business fee exemptions applied for and issued and the total dollar amount of the exemptions under this section and submit a report to the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives. The report may be submitted electronically.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 97 - Heroic Service Website › Section 9701 - Responsibilities

§ 9701. Responsibilities.
The department shall have the following responsibilities:
(1) In consultation and cooperation with the United States Department of Defense, the department shall provide public access to a searchable database of individuals who have been awarded the Medal of Honor, the Distinguished Service Cross, the Navy Cross, the Air Force Cross and the Silver Star, which are granted for heroic service in the armed forces of the United States. The searchable database shall include the following:
(i) The recipient's full name.
(ii) The recipient's dates of service.
(iii) The name of the award or decoration.
(iv) The date of award or decoration.
(2) Within one year of the effective date of this paragraph, the department shall issue a report detailing the feasibility of expanding the database established under paragraph (1) to all military awards and decorations. The report shall include an estimate of the costs to the department associated with the establishment, administration and maintenance of the expanded database under this paragraph. The report shall be published on the department's publicly accessible Internet website and shall be delivered to the Veterans Affairs and Emergency Preparedness Committee of the Senate and to the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.
(3) Information pursuant to this chapter shall be available on the department's publicly accessible Internet website within three months of the effective date of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9801 - Definitions

§ 9801. 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:
"Institution of higher education."
Any of the following:
(1) A community college operating under Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.
(2) A university within the State System of Higher Education under Article XX-A of the Public School Code of 1949.
(3) A State-related institution as defined in section 1502-A of the Public School Code of 1949.
(4) Thaddeus Stevens College of Technology.
(5) Any accredited private or independent college or university.
"Program."
The Keystone State Challenge Academy.
"School entity."
A school district, charter school, cyber charter school, regional charter school, intermediate unit or area vocational-technical school.
References in Text.
Section 27 of Act 16 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school," and a reference in statute or regulation to "vocational curriculums" shall be deemed a reference to "career and technical curriculums."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9802 - Program established

§ 9802. Program established.
To the extent funds are appropriated for the purposes provided under this chapter, the department shall establish a youth challenge program as provided for under 32 U.S.C. § 509 (relating to National Guard Youth Challenge Program of opportunities for civilian youth). The program shall be known as the Keystone State Challenge Academy.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9803 - Description of program

§ 9803. Description of program.
(a) General rule.--
The department shall develop program guidelines in consultation with the Department of Education. Consistent with 32 U.S.C. § 509(a) (relating to National Guard Youth Challenge Program of opportunities for civilian youth), the program shall seek to improve the life skills and employment potential of participants by providing military-based training and supervised work experience, together with the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life coping skills and job skills and improving physical fitness and health and hygiene. The department shall post the program guidelines on the home page of the department's publicly accessible Internet website and shall provide the guidelines to the Department of Education.
(b) Duties of Department of Education.--
The Department of Education shall post the program guidelines on the home page of the publicly accessible Internet website of the Department of Education and shall annually distribute the guidelines and relevant program information to all school entities.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9805 - Participants

§ 9805. Participants.
Requirements for participation in the program shall be as prescribed by the United States Secretary of Defense under 32 U.S.C. § 509(e) (relating to National Guard Youth Challenge Program of opportunities for civilian youth).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9806 - Administration

§ 9806. Administration.
Subject to 32 U.S.C. § 509 (relating to National Guard Youth Challenge Program of opportunities for civilian youth) and its implementing regulations and applicable agreements, the program shall be staffed by the administrative, professional, technical and clerical employees necessary for the operation of the program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9807 - Funding

§ 9807. Funding.
The department shall apply for funding, as provided for under 32 U.S.C. § 509(d) (relating to National Guard Youth Challenge Program of opportunities for civilian youth). Under 32 U.S.C. § 509(j), the department may supplement such funding with other resources, including gifts, made available to the department and may also accept, use and dispose of gifts or donations of money, other property or services for the program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9808 - Transferability of course credit

§ 9808. Transferability of course credit.
All academic course credits earned by a program participant shall be recognized by any school entity in which the participant enrolls following completion of the program. The department, in consultation with the Department of Education, shall ensure that the program complies with all statutory and regulatory provisions as necessary to facilitate the transferability of course credit earned in the program to a school entity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9809 - Advisory council

§ 9809. Advisory council.
(a) Establishment.--
There is established an advisory council for the program. The advisory council shall consist of the following members and the Adjutant General, who shall serve as a nonvoting, ex officio member. Members of the advisory council shall be appointed as follows:
(1) Three members appointed by the Governor as follows:
(i) The Deputy Adjutant General - Army, or a designee.
(ii) The Deputy Adjutant General - Air, or a designee.
(iii) The Secretary of Education or a designee.
(2) Three members of the Senate appointed by the President pro tempore of the Senate, in consultation with the Majority Leader and Minority Leader of the Senate, with two appointees from the majority party and one appointee from the minority party.
(3) Three members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the Majority Leader and Minority Leader of the House of Representatives, with two appointees from the majority party and one appointee from the minority party.
(b) Terms.--
Each member of the advisory council shall serve for the duration of the term of the appointing authority, provided that each member may be removed for cause by the member's appointing authority.
(c) Chairperson.--
The advisory council shall annually elect a chairperson.
(d) Quorum.--
Five members of the advisory council shall constitute a quorum for the purpose of conducting the business of the advisory council. The advisory council shall meet at least quarterly and at other times at the call of the chairperson.
(e) Compensation.--
Members of the advisory council shall receive no compensation for their services but shall receive reimbursement for their necessary and proper expenses for attendance at meetings.
(f) Program operation.--
The advisory council shall advise the Adjutant General and the department concerning the operation of the program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9810 - Report

§ 9810. Report.
The department shall submit annually to the chairperson and minority chairperson of the Education Committee of the Senate, the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate, the chairperson and minority chairperson of the Education Committee of the House of Representatives and the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives a written report concerning the program. The report shall include, but not be limited to, all of the following:
(1) The number of individuals who applied to the program in the previous fiscal year.
(2) The number of individuals who participated in the program in the previous fiscal year.
(3) The number and percentage of program participants in the previous fiscal year who achieved each of the following:
(i) Earned a high school diploma or its equivalent.
(ii) Enrolled in a course of study at an institution of higher education.
(iii) Accepted a position of full-time, paid employment.
(iv) Accepted a position of part-time, paid employment.
(v) Entered the armed forces of the United States, including a reserve component or the National Guard.
(4) The demographic makeup of the applicants to, and participants in, the program, including, but not limited to, the following:
(i) Race.
(ii) Age.
(iii) Gender.
(5) Any information the department provides to the Secretary of Defense under 32 U.S.C. § 509(k) (relating to National Guard Youth Challenge Program of opportunities for civilian youth).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 98 - National Guard Youth Challenge Program › Section 9811 - Audit required

§ 9811. Audit required.
The department shall undergo an annual audit of the program. The audit shall be conducted by a qualified independent certified public accountant under generally accepted audit standards of the Governmental Accounting Standards Board. The audit shall be submitted to the following:
(1) The chairperson and minority chairperson of the Education Committee of the Senate.
(2) The chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate.
(3) The chairperson and minority chairperson of the Education Committee of the House of Representatives.
(4) The chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Extra - Title Notes

Special Provisions in Appendix.
See section 5 of Act 22 of 2001 in the appendix to this title for special provisions
            relating to continuation of Parking Authority Law.
Special Provisions in Appendix.
See sections 2 and 4 of Act 22 of 2001 in the appendix to this title for special provisions
            relating to applicability to authorities incorporated under former laws and continuation
            of Municipality Authorities Act of 1945.
Special Provisions in Appendix.
See section 7 of Act 64 of 2013 in the appendix to this title for special provisions
            relating to appropriation from Philadelphia Taxicab and Limousine Regulatory Fund.
Special Provisions in Appendix.
See section 3 of Act 49 of 2005 in the appendix to this title for special provisions
            relating to continuation of prior law.
Special Provisions in Appendix.
See section 4 of Act 49 of 2005 in the appendix to this title for special provisions
            relating to fees in first class cities.
Special Provisions in Appendix.
See sections 4 and 7 of Act 93 of 2010 in the appendix to this title for special provisions
            relating to consolidated county assessment in cities of the third class and continuation
            of prior law.
Enactment.
Unless otherwise noted, the provisions of Title 53 were added October 13, 1994, P.L.596,
            No.90, effective in 90 days.
Enactment.
Unless otherwise noted, Part I was added December 19, 1996, P.L.1158, No.177, effective
            in 60 days.
Enactment.
Part II was added December 19, 1996, P.L.1158, No.177, effective in 60 days.
Enactment.
Part III was added December 19, 1996, P.L.1158, No.177, effective in 60 days.
Enactment.
Part V was added December 19, 1996, P.L.1158, No.177, effective in 60 days, unless
            otherwise noted.
Enactment.
Part VII was added December 19, 1996, P.L.1158, No.177, effective in 60 days.
Enactment.
Subpart C was added May 5, 1998, P.L.301, No.50, effective January 1, 1999, unless
            otherwise noted.
Enactment.
Subpart D was added October 27, 2010, P.L.895, No.93, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 3 - Preemptions › Section 301 - Tobacco product

§ 301. Tobacco product.
(a) General rule.--
Except as set forth in subsection (b), the provisions of 18 Pa.C.S. § 6305 (relating to sale of tobacco products) shall preempt and supersede any local ordinance or rule concerning the subject matter of 18 Pa.C.S. § 6305 and of section 206-A of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.
(b) Exception.--
This section does not prohibit:
(1) Local regulation authorized by the act of April 27, 1927 (P.L.465, No.299), referred to as the Fire and Panic Act.
(2) Local regulation enacted prior to January 1, 2002.
(Nov. 27, 2019, P.L.669, No.93, eff. 60 days; Nov. 27, 2019, P.L.759, No.111, eff. July 1, 2020)
2019 Amendments.
Acts 93 and 111 amended section 301. Act 111 overlooked the amendment by Act 93, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 301.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 3 - Preemptions › Section 302 - Restriction on municipal regulation of amateur radio service communications

§ 302. Restriction on municipal regulation of amateur radio service communications.
(a) General rule.--
A municipality that adopts an ordinance, regulation or plan or takes any other action involving the placement, screening or height of antennas or antenna support structures shall reasonably accommodate amateur radio service communications and shall impose only the minimum regulations necessary to accomplish the legitimate purpose of the municipality.
(b) Reasonable accommodations.--
A municipality may impose necessary regulations to ensure the safety of amateur radio antenna structures, but must reasonably accommodate amateur service communications. No ordinance, regulation, plan or any other action shall restrict amateur radio antenna height to less than 65 feet above ground level.
(c) Construction.--
The provisions of this section shall not be construed to prohibit a municipality from taking action to protect or preserve a historic, a historical or an architectural district that is established by the municipality or pursuant to Federal or State law.
(d) Definition.--
As used in this section, the term "legitimate purposes" shall include a clearly defined health, safety or aesthetic objective of a municipality.
(Oct. 8, 2008, P.L.1079, No.88, eff. 60 days)
2008 Amendment.
Act 88 added section 302.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 3 - Preemptions › Section 303 - Appeal of decision by school reform commission

§ 303. Appeal of decision by school reform commission.
Notwithstanding the provisions of section 696(i) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or any other provision of law to the contrary, the following shall apply:
(1) A charter school applicant may appeal a decision of a school reform commission to deny an application to establish a charter school in a school district of the first class to the State Charter School Appeal Board established under section 1721-A of the Public School Code of 1949.
(2) Section 1717-A(a), (c), (d), (e), (f), (g), (h) and (i) of the Public School Code of 1949 shall apply to an application to establish a charter school in a school district of the first class.
(3) A school reform commission shall be considered a board of school directors or a local board of school directors as such terms are used in section 1717-A of the Public School Code of 1949.
(Sept. 24, 2014, P.L.2452, No.131, eff. 45 days)
2014 Amendment.
Act 131 added section 303.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 3 - Preemptions › Section 305 - Local regulation of unmanned aircraft prohibited

§ 305. Local regulation of unmanned aircraft prohibited.
(a) Preemption.--
The provisions of 18 Pa.C.S. § 3505 (relating to unlawful use of unmanned aircraft) shall preempt and supersede any ordinance, resolution, rule or other enactment of a municipality regulating the ownership or operation of unmanned aircraft. As of the effective date of this section, a municipality shall not regulate the ownership or operation of unmanned aircraft unless expressly authorized by statute.
(b) Municipal use.--
Nothing under 18 Pa.C.S. § 3505 shall prohibit a municipality from using unmanned aircraft within the boundaries of the municipality for municipal purposes and regulating that use.
(c) Definition.--
As used in this section, the term "municipality" shall include a county, city, borough, incorporated town or township or home rule, optional plan or optional charter municipality, any other general purpose unit of government established by the General Assembly, a municipal authority and any entity formed pursuant to Ch. 23 Subch. A (relating to intergovernmental cooperation).
(Oct. 12, 2018, P.L.516, No.78, eff. 90 days)
2018 Amendment.
Act 78 added section 305.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 3 - Preemptions › Section 306 - Businesses operated by minors

§ 306. Businesses operated by minors.
(a) Restrictions on business licenses and permits.--
Notwithstanding any other provision of law:
(1) a municipality or an agency of a municipality may not require a business license for a business that is:
(i) operated on an occasional basis by a minor; and
(ii) located a sufficient distance, as determined by the municipality, from a commercial entity required to obtain a business license from the municipality or an agency of the municipality to prevent the minor's business from becoming a direct economic competitor of the commercial entity.
(2) A municipality may not prohibit a business operated by a minor from operating in a primarily residential zone or unzoned area in the municipality.
(b) Construction.--
Nothing in this section may be construed to prohibit a municipality from enacting and enforcing local laws relating to the manner in which a business may be operated by a minor, with the exception of a requirement that the minor obtain a permit or business license prior to operating the business.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Business."
(1) An enterprise that is:
(i) Exclusively owned by one or more minors receiving not more than $5,000 in net proceeds per year from the enterprise unless the enterprise is created for a charitable purpose.
(ii) Carried on for the purpose of gain or economic profit.
(2) The term does not include:
(i) An act of an employee rendering services to an employer.
(ii) An enterprise organized as a form of for-profit corporation, limited liability partnership or company under the provisions of 15 Pa.C.S. (relating to corporations and unincorporated associations).
"Business license."
A license or permit required by a municipality to temporarily or permanently offer sale of goods or provision of services or otherwise operate an enterprise in the municipality. This term does not include a building permit.
"Minor."
A person under 18 years of age.
"Municipality."
A county, city, borough, incorporated town, township or home rule municipality.
"Occasional basis."
A business that does not operate more than 84 days in a calendar year.
(June 30, 2021, P.L.184, No.34, eff. 60 days)
2021 Amendment.
Act 34 added section 306.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 5 - Prohibition Options › Section 501 - Definitions

§ 501. 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:
"Applicant."
As defined under 4 Pa.C.S. § 3102 (relating to definitions).
"Board."
The Pennsylvania Gaming Control Board.
"County."
A county of the third class which has a population, based on the most recent Federal decennial census, of at least 500,000.
"Establishment license."
As defined under 4 Pa.C.S. § 3102.
"Establishment licensee."
As defined under 4 Pa.C.S. § 3102.
"Municipality."
A municipality within a county.
"Truck stop establishment."
As defined under 4 Pa.C.S. § 3102.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 5 - Prohibition Options › Section 502 - Municipal option for gaming

§ 502. Municipal option for gaming.
(a) Prohibition.--
Notwithstanding 4 Pa.C.S. § 3514 (relating to establishment licenses), the following shall apply:
(1) A municipality may, by delivering a resolution of the municipality's governing body to the board no later than 60 days after the effective date of this subsection, prohibit the location of an establishment licensee within the municipality as follows:
(i) Prior to the board approving an application and issuing an establishment license within the municipality.
(ii) After an establishment license has been issued within the municipality.
(2) An establishment licensee may not be located in a municipality which has exercised its option under this subsection.
(3) A prohibition under this subsection shall not be affected by a reclassification of counties as a result of a Federal decennial census or pursuant to an act of the General Assembly or by a change in the population of a county.
(b) Rescission of prohibition.--
(1) A municipality that prohibits the location of an establishment licensee under subsection (a) may rescind that prohibition at any time by delivering a new resolution of the municipality's governing body to the board.
(2) A municipality that rescinds its prior prohibition according to this subsection may not subsequently prohibit the location of an establishment licensee in the municipality.
(3) A municipality's ability to rescind under this subsection shall not be affected by a reclassification of counties as a result of a Federal decennial census or pursuant to an act of the General Assembly or by a change in the population of a county.
(c) Refund of fees.--
If a truck stop establishment has been approved for an establishment license or submits an application and the fees for an establishment license as required under 4 Pa.C.S. § 4101 (relating to fees) and the municipality within which the truck stop establishment is located elects to prohibit establishment licensees under subsection (a), the board shall refund the fees to the applicant.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Extra - Chapter Notes

Enactment.
Chapter 7 was added October 13, 1994, P.L.596, No.90, effective in 90 days.
Enactment.
Subchapter B was added July 7, 2022, P.L.455, No.41, effective in 60 days.
Cross References.
Subchapter C is referred to in section 712 of this title; sections 241, 805 of Title
            8 (Boroughs and Incorporated Towns); section 10201 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 712 - Definitions

§ 712. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Abutting municipal corporations."
Municipal corporations that share contiguous territory.
"Boundary ascertainment."
Establishment of a municipal boundary between abutting municipal corporations by judicial decree.
"Boundary change"
or
"change of boundary."
Any change in the municipal boundary between abutting municipalities, other than as a result of a merger or consolidation under Subchapter C (relating to consolidation and merger), including any transfer of territory, boundary clarification or boundary ascertainment.
"Boundary clarification."
Establishment of a municipal boundary by agreement under this subchapter between municipal corporations in a territorial area with a previously unclear boundary.
"Contiguous territory."
Territory of which a portion abuts the boundary of another municipal corporation, including territory separated from the exact boundary of another municipal corporation by a street, road, railroad or highway or by a river or other natural or artificial stream of water.
"Governing body."
The council in a city, borough or incorporated town, the board of commissioners in a county or township of the first class, the board of supervisors in a township of the second class or the legislative policymaking body in a home rule municipality.
"Impacted property."
A parcel of real property that is divided by a municipal boundary prior to, or will be divided incident to, a proposed boundary change.
"Impacted territory."
Territory which is subject to a boundary change.
"Municipal corporation."
A city, borough, incorporated town, township or home rule municipality that is not a county.
"Municipality."
A county, city, borough, incorporated town or township.
"Unclear boundary."
Contiguous territory between two municipal corporations in which the exact boundary between the municipal corporations is in dispute or cannot be readily discerned as a result of conflicting or missing records.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 713 - Interpretation

§ 713. Interpretation.
(a) Certain actions unaffected.--
Nothing in this title shall preclude, restrict or limit successive changes in boundaries and territorial limits of any municipality.
(b) County boundaries unaffected.--
When a boundary change is made under the provisions of this title which results in a municipal corporation which lies partly in one county and partly in one or more other counties, the territory within the municipal corporation shall, for county purposes, be and remain a part of the county in which the respective territory is physically located.
(c) School districts unaffected.--
Nothing in this title, and no action taken under this title, shall affect or apply to any school district or any school district boundary, but nothing shall preclude further action from being taken under the provisions of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or other applicable provisions of law to change the boundary or location of a school district.
(d) Initiative and referendum.--
Nothing in this title shall preclude a change of boundary by initiative and referendum as provided in sections 8 and 14 of Article IX of the Constitution of Pennsylvania.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 714 - Stream boundaries

§ 714. Stream boundaries.
(a) General rule.--
If a municipal corporation is bounded by the nearest margin of a navigable stream and the opposite municipal corporation is also bounded by the nearest margin of the same stream, the middle of the stream shall be the boundary between the municipal corporations.
(b) Prior actions unaffected.--
Nothing in this section shall be construed to affect any boundary established prior to the effective date of this section between municipal corporations or repeal any local or special law contrary to this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 716 - Petition and establishment of disputed boundaries by judicial ascertainment

§ 716. Petition and establishment of disputed boundaries by judicial ascertainment.
(a) Judicial ascertainment.--
A court of common pleas may, upon presentation of a petition, ascertain and establish disputed boundaries of two or more municipal corporations.
(b) Bond required.--
If a petition is presented, the court under subsection (a) may require the petitioners to file a bond in a sufficient amount to secure the payment of all costs of the proceeding.
(c) Petition requirement.--
A petition under this section shall be submitted in writing by:
(1) One or more owners of an impacted property.
(2) Ten or more residents of any municipal corporation impacted by the disputed boundary.
Cross References.
Section 716 is referred to in section 717 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 717 - Judicial ascertainment procedure

§ 717. Judicial ascertainment procedure.
(a) Appointment.--
Upon application by petition under section 716 (relating to petition and establishment of disputed boundaries by judicial ascertainment), the court shall appoint three impartial individuals as commissioners, one of whom must be a surveyor or registered engineer.
(b) Hearing.--
After providing notice to interested parties and upon publication of the petition, as directed by the court, the commissioners shall hold a hearing and view the disputed lines and boundaries.
(c) Stay of proceedings.--
In the event that the governing body of a municipal corporation notifies the court that the impacted municipal corporations intend to resolve the disputed boundary by agreement under this act, the court shall stay any proceedings under this section for 90 days. A stay may be extended at the discretion of the court if it appears that the impacted parties are pursuing an agreement in good faith.
(d) Report.--
A majority of the commissioners shall issue the report and recommendations to the court, accompanied by a plot or draft of the lines and boundaries proposed to be ascertained and established if the lines and boundaries cannot be fully designated by natural lines or boundaries.
(e) Exceptions.--
Exceptions to the report under subsection (d) may be filed within 30 days after the filing of the report by an interested person or political subdivision. The court shall set and provide notice of a hearing on the exceptions. After a hearing under this subsection, the court may sustain or dismiss the exceptions. If the court has sustained the exceptions, the court may refer the report back to the same or new commissioners with the authority to make another report.
(f) Decree.--
If no exceptions are filed within 30 days after the filing of the report, or the exceptions have been dismissed, the court shall confirm the report. If a report is confirmed, the court shall:
(1) Enter a decree ascertaining and establishing the lines and boundaries as shown in the report.
(2) Direct publication of the decree under paragraph (1).
(3) Order that the boundary line be marked by appropriate monuments.
(g) Compensation, expenses and costs.--
The compensation and expenses of commissioners appointed under subsection (a) shall be in a reasonable amount as approved by the court. The court shall, by order, provide how costs and expenses of the proceedings shall be paid and may assess the costs individually or in apportioned amounts against the following:
(1) The petitioners.
(2) Any interested municipal corporation.