reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 509 - Transfer of Commonwealth land involving historic resources

§ 509. Transfer of Commonwealth land involving historic
resources.
Commonwealth agencies shall give the commission timely notice of proposed transfers of real property owned or controlled by the Commonwealth. Upon recommendation of the commission, Commonwealth agencies may condition the transfer and may execute covenants, deed restrictions or other contractual arrangements which will most likely result in the preservation of any historic resources located on or under the property to be transferred.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 510 - Approval of construction affecting historic resources

§ 510. Approval of construction affecting historic resources.
The commission shall be consulted on the design and proposed location of any project, building or other undertaking financed in whole or in part by Commonwealth funds which may affect the preservation and development of a district, site or building listed on or eligible for the Pennsylvania Register of Historic Places.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 511 - Criminal penalties

§ 511. Criminal penalties.
A person who conducts a field investigation on any land or submerged land owned or controlled by the Commonwealth, without first obtaining a permit from the commission, or a person who appropriates, defaces, destroys or otherwise alters any archaeological site or specimen located upon lands owned or controlled by the Commonwealth, except in the course of activities pursued under the authority of a permit granted by the commission, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $2,500 or to imprisonment for not more than one year, or both. In addition, such person shall forfeit to the Commonwealth all archaeological specimens collected or excavated together with any photographs and records relating to such specimens.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 512 - Enforcement of historic preservation laws and policies

§ 512. Enforcement of historic preservation laws and policies.
The Attorney General, the commission, any political subdivision, person or other legal entity may maintain an action in an administrative tribunal or court for the protection or preservation of any historic resource in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 7 - Historic Properties › Section 701 - Title to historic property

§ 701. Title to historic property.
(a) General rule.--
Unless otherwise provided by statute with respect to particular historic property, the title to historic property shall be taken in the name of this Commonwealth and shall, before its acquisition, be certified by counsel for the commission.
(b) Leases.--
(1) For purposes of historic preservation, or for educational, recreational, residential or agricultural purposes, or for parking areas or concessions for the convenience and comfort of the public, the commission may lease historic property for a period not to exceed twenty-five years to any person or organization of the Commonwealth. The commission shall lease the property in the following manner:
(i) Those sites and museums which have nonprofit allied groups whose purpose is related to the educational mission of a particular property shall receive special contract preference. In those instances where the above criteria is met, the commission shall be permitted to enter into a lease without competitive bidding.
(ii) When the criteria enumerated in subparagraph (i) are not met, sites and museums are to be leased in accordance with competitive bidding procedures, i.e. open to all profit and nonprofit organizations. All requests for bid proposals, as well as the leases, shall contain restrictions protecting the historical integrity of the site, insuring that appropriate historical preservation standards are maintained and require appropriate insurance coverage by the lessee.
(2) If a substantial capital investment is involved, the commission may, with the approval of the Governor, enter into such leases for that period required under sections 48(g)(2)(B)(vi) and 168(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §§ 48, 168) relating to investment tax credit for historic preservation.
(3) The commission shall monitor those leased properties to insure they are being managed in accordance with State law.
(4) The commission may lease historic property to a political subdivision willing to assume total fiscal and management responsibility for a period of time up to 99 years, provided that such leases contain restrictions protecting the historical integrity of the site, insuring that appropriate historical preservation standards are maintained and require appropriate insurance coverage by the lessee.
(Nov. 3, 2022, P.L.1665, No.102, eff. 60 days)
2022 Amendment.
Act 102 amended subsec. (b)(1) intro. par.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 7 - Historic Properties › Section 702 - Powers over certain historic property

§ 702. Powers over certain historic property.
In addition to all other powers vested in the commission by this title or other statute, the commission shall exercise all powers conferred on it by law with respect to the historic properties known as:
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(3) Brandywine Battlefield.
(4) Brightbill Property.
(5) Bushy Run Battlefield.
(6) Captain Phillips' Rangers Memorial.
(7) (Deleted by amendment).
(8) Conrad Weiser Homestead.
(9) Cornwall Iron Furnace.
(10) Curtin Village.
(11) Daniel Boone Homestead.
(12) (Deleted by amendment).
(13) Drake Well Museum.
(14) Eckley Miners' Village.
(15) Ephrata Cloister.
(16) (Deleted by amendment).
(17) (Deleted by amendment).
(18) Fort Loudon.
(19) Fort Pitt Museum.
(20) French Azilum.
(21) (Deleted by amendment).
(22) Graeme Park.
(23) Harmony Society Graveyard.
(24) Historic Peace Church.
(25) Hope Lodge.
(26) (Deleted by amendment).
(27) (Deleted by amendment).
(28) Joseph Priestley House.
(29) (Deleted by amendment).
(30) Landis Valley Museum.
(31) Mather Mill.
(32) (Deleted by amendment).
(33) (Deleted by amendment).
(34) Morton Homestead.
(35) Museum of Anthracite Mining.
(36) (Deleted by amendment).
(37) (Deleted by amendment).
(38) Old Chester Court House.
(39) (Deleted by amendment).
(40) Old Economy Village.
(41) (Deleted by amendment).
(42) (Deleted by amendment).
(43) Pennsbury Manor.
(44) Pennsylvania Anthracite Heritage Museum.
(45) Pennsylvania Lumber Museum.
(46) Pennsylvania Military Museum.
(47) Pithole City.
(48) (Deleted by amendment).
(49) Railroad Museum of Pennsylvania.
(50) (Deleted by amendment).
(51) Searights Tollhouse.
(52) (Deleted by amendment).
(53) Somerset Historical Center.
(54) The Highlands.
(55) The Pennsylvania State Archives.
(56) The Scranton Iron Furnace.
(57) The State Museum of Pennsylvania.
(58) Thomas Hughes House.
(59) (Deleted by amendment).
(60) United States Brig Niagara.
(61) (Deleted by amendment).
(62) (Deleted by amendment).
(Dec. 9, 2002, P.L.1395, No.173, eff. imd.; Nov. 3, 2022, P.L.1665, No.102, eff. 60 days; Nov. 3, 2022, P.L.1763, No.116, eff. imd.)
2022 Amendments.
Act 102 deleted pars. (7), (12), (16), (17), (21), (26), (29), (32), (36), (37), (39), (41), (48), (50), (52), (59) and (61) and Act 116 deleted par. (62). Section 3 of Act 116 provided that the amendment of par. (62) shall be retroactive to June 28, 2019.
Cross References.
Section 702 is referred to in section 303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 7 - Historic Properties › Section 703 - Brandywine Battlefield (Repealed)

§ 703. Brandywine Battlefield (Repealed).
1998 Repeal Note.
Section 703 was repealed December 21, 1998, P.L.1270, No.163, effective in 90 days. Section 2 of Act 163 provided that the Brandywine Battlefield Park Commission is abolished, and section 3 of Act 163 provided that all of the powers, duties, functions, funds, assets, books, records and any other documents and real and personal property of the Brandywine Battlefield Park Commission are transferred to the Pennsylvania Historical and Museum Commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 7 - Historic Properties › Section 704 - Washington Crossing (Repealed)

§ 704. Washington Crossing (Repealed).
1998 Repeal Note.
Section 704 was repealed December 21, 1998, P.L.1270, No.163, effective in 90 days. Section 2 of Act 163 provided that the Washington Crossing Park Commission is abolished, and section 3 of Act 163 provided that all of the powers, duties, functions, funds, assets, books, records and any other documents and real and personal property of the Washington Crossing Park Commission are transferred to the Pennsylvania Historical and Museum Commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 7 - Historic Properties › Section 704.1 - Washington Crossing Historic Park

§ 704.1. Washington Crossing Historic Park.
(a) Transfers.--
All of the powers, duties, functions, funds, assets, books, records and any other documents and real and personal property of the commission dedicated or associated with the operation and management of Washington Crossing are transferred to the Department of Conservation and Natural Resources.
(b) Operations.--
The Department of Conservation and Natural Resources shall operate Washington Crossing Historic Park. The Department of Conservation and Natural Resources shall manage the visitor center and adjoining buildings of Washington Crossing Historic Park.
(Nov. 3, 2022, P.L.1763, No.116, eff. imd.)
2022 Amendment.
Act 116 added section 704.1. Section 3 of Act 116 provided that the addition of subsec. (b) shall be retroactive to June 28, 2019.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 7 - Historic Properties › Section 705 - United States Brig Niagara

§ 705. United States Brig Niagara.
(a) Official flagship of Pennsylvania.
--The restored United States Brig Niagara shall be the official flagship of Pennsylvania. It shall be known as the "Flagship of Pennsylvania" and its home port shall be Erie, Pennsylvania.
(b) Powers and duties of the commission.
--The commission shall have the power and duty to:
(1) Cooperate with the Department of Military Affairs, the United States Navy and other appropriate organizations in commemorating significant events of our naval and maritime heritage.
(2) Sail the United States Brig Niagara, within the means at its command, to various ports of call and commemorative events as the official sailing ambassador for Pennsylvania.
(3) Charge whatever fees are necessary to maintain the vessel and to encourage private financial support as appropriate in order to support the United States Brig Niagara and its sailing program.
(c) Cooperation by public officials with the commission.
-- Commonwealth agencies and political subdivisions shall cooperate fully with the commission in support of its naval and maritime history program and, to that end, shall:
(1) Include the commission in any planning efforts for the commemoration of significant events of our naval and maritime history.
(2) Develop plans with the commission which will utilize the United States Brig Niagara as the official flagship of Pennsylvania.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 9 - Concurrent Jurisdiction › Section 901 - Cession of concurrent jurisdiction

§ 901. Cession of concurrent jurisdiction.
The Commonwealth of Pennsylvania hereby cedes to the United States concurrent jurisdiction over lands, waters and buildings within the boundaries of units of the National Park System administered by the United States Department of the Interior National Park Service, including those owned, leased or administratively controlled by the National Park Service, as well as all lands and buildings hereafter acquired, leased or administratively controlled by the National Park Service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 9 - Concurrent Jurisdiction › Section 902 - Sites affected

§ 902. Sites affected.
The existing National Park Service lands, waters and buildings affected by the provisions of this chapter are as follows:
(1) Allegheny Portage National Historic Site.
(2) Delaware Water Gap National Recreation Area.
(3) Edgar Allen Poe National Historic Site.
(4) Eisenhower National Historic Site.
(5) Fort Necessity National Battlefield.
(6) Friendship Hill National Historic Site.
(7) Gettysburg National Military Park.
(8) Gloria Dei (Old Swede's) Church National Historic Site.
(9) Hopewell Furnace National Historic Site.
(10) Independence National Historical Park.
(11) Johnstown Flood National Memorial.
(12) Thaddeus Koscuiszko National Memorial.
(13) Valley Forge National Historical Park.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 9 - Concurrent Jurisdiction › Section 903 - Transfer of personal property

§ 903. Transfer of personal property.
In any case where the Commonwealth has heretofore transferred land to the United States for use as a national park, the transfer shall also include the transfer to the United States of such personal property as may be included in a written agreement between the Pennsylvania Historical and Museum Commission and the National Park Service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 9 - Concurrent Jurisdiction › Section 904 - Acceptance by United States

§ 904. Acceptance by United States.
Cession of jurisdiction shall become effective when it is accepted on behalf of the United States. Acceptance shall be indicated, in writing upon the instrument of cession, by an authorized official of the United States and filed with the Secretary of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 9 - Concurrent Jurisdiction › Section 905 - Acceptance by Governor

§ 905. Acceptance by Governor.
(a) Relinquishment by United States.
--Whenever the United States tenders to the Commonwealth of Pennsylvania a relinquishment of all or part of the legislative jurisdiction theretofore acquired by it over lands within this Commonwealth, the Governor is authorized to accept, on behalf of the Commonwealth, the legislative jurisdiction so relinquished.
(b) Publication.
--The Governor shall indicate his acceptance of relinquished legislative jurisdiction by a writing addressed to the head of the appropriate department or agency of the United States. This acceptance shall be effective upon the publication of the writing in the Pennsylvania Bulletin.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 9 - Concurrent Jurisdiction › Section 906 - Police service agreements

§ 906. Police service agreements.
A municipality or the Pennsylvania State Police may enter into cooperative police service agreements with the National Park Service for the purpose of providing employees of the National Park Service who hold a valid law enforcement commission, issued by that agency, the authority to enforce Title 75 (relating to vehicles) on roads, other than Federal roads, which lie within units of the National Park System which are within the jurisdiction of the municipality's police department or the Pennsylvania State Police.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 38 - HOLIDAYS AND OBSERVANCES › Chronological History

Provision Affected
How Affected
By Law, Decision or Rule
Title 38
Title
Added
Nov. 25, 1970, P.L.707, No.230
Title hdg.
Amended
Dec. 10, 1974, P.L.816, No.271
§ 101 Pt. I (Reserved)
Added
Nov. 17, 2021, P.L.435, No.87
§ 1101 Ch. 11 (Reserved) and Pt. II
Added
Nov. 17, 2021, P.L.435, No.87
§ 1301 and Ch. 13
Added
Nov. 17, 2021, P.L.435, No.87
§ 1302
Added
Nov. 17, 2021, P.L.435, No.87
§ 1303
Added
Nov. 17, 2021, P.L.435, No.87
§ 1304
Added
Nov. 3, 2022, P.L.1944, No.129
§ 1305
Added
Nov. 3, 2022, P.L.1994, No.138
§ 1501 (Reserved) and Ch. 15
Added
Nov. 17, 2021, P.L.435, No.87
§ 1502
Added
Nov. 17, 2021, P.L.435, No.87
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 38 - HOLIDAYS AND OBSERVANCES › Chapter 13 - Veteran Recognition › Section 1302 - Persian Gulf War Veterans Day

§ 1302. Persian Gulf War Veterans Day.
(a) Legislative findings and declarations.--
The General Assembly finds and declares as follows:
(1) On August 2, 1990, Saddam Hussein ordered Iraqi troops to invade and occupy the sovereign nation of Kuwait.
(2) The United States led an international coalition demanding Saddam Hussein to withdraw Iraqi forces from Kuwait by January 15, 1991.
(3) After Iraq failed to meet the deadline passed by the United Nations Security Council, President George H. W. Bush on January 16, 1991, ordered United States Armed Forces to begin Operation Desert Storm.
(4) On January 17, 1991, 750,000 coalition forces from 36 nations, including 540,000 United States Armed Forces, began the battle to liberate Kuwait from occupation.
(5) After an intensive air campaign, coalition forces liberated Kuwait City on February 28, 1991.
(6) On March 6, 1991, after negotiating a cease-fire, President Bush announced the end of combat operations.
(7) By the end of the conflict, 200 United States Armed Forces members were killed, including 29 from this Commonwealth.
(8) The bravery of United States Armed Forces and their allies should be recognized for the liberation of Kuwait and restoration of Kuwait's sovereignty as an independent nation.
(b) Designation.--
March 6 of each year is designated as Persian Gulf War Veterans Day.
(c) Proclamation.--
The Governor shall issue annually a proclamation encouraging all public schools and educational institutions to observe Persian Gulf War Veterans Day and to conduct exercises recognizing the contributions of all those involved in the Persian Gulf War and remembering the sacrifices they made for their country. The proclamation may not mandate a public school or educational institution to participate in the observance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 38 - HOLIDAYS AND OBSERVANCES › Chapter 13 - Veteran Recognition › Section 1304 - Women Veterans Day

§ 1304. Women Veterans Day.
(a) Legislative findings and declarations.--
The General Assembly finds and declares as follows:
(1) While women have served in the American military since before we became a nation, they were not officially recognized as military members or veterans until 1948.
(2) Women were originally relegated to serving in the civilian fields of nursing, laundering, mending clothing and cooking.
(3) Despite this segregation, many women served in war zones alongside their male compatriots, including some women who dressed as men during the Civil War to fight on the front lines.
(4) The first woman to enlist in the United States Armed Forces was Loretta Walsh, who enlisted in the Navy in 1917.
(5) During World War I, approximately 35,000 women in the United States officially served as nurses and support staff.
(6) During World War II, approximately 400,000 women in the United States served in support positions, including 140,000 women who served in the Women's Army Corps performing critical jobs, such as military intelligence, cryptography and parachute rigging.
(7) Nearly 500 women were killed by enemy fire during World War II.
(8) The first Women Veterans Day was held on June 12, 2018, marking the 70th anniversary of the groundbreaking Women's Armed Services Integration Act (Public Law 80-625, 62 Stat. 356), signed into law by President Harry S. Truman on June 12, 1948.
(9) That Federal law enabled women to serve as permanent, regular members of the United States Army, Marine Corps, Navy and the recently formed Air Force.
(10) Throughout the years, the role of women continues to grow in all branches and phases of operations of the United States Armed Forces.
(11) Currently, women serve freely alongside men in any branch or role they desire and comprise a substantial portion of new recruits, active duty members and reserve components of the United States Armed Forces.
(12) Women Veterans Day is not considered a separate day for only women veterans, but a tribute to a groundbreaking day when women were acknowledged as essential to the war effort and could serve as permanent, regular members of the United States Armed Forces.
(b) Designation.--
June 12 of each year is designated as Women Veterans Day in this Commonwealth.
(c) Proclamation.--
The Governor shall issue annually a proclamation encouraging residents of this Commonwealth to observe Women Veterans Day and recognize the contributions of all women veterans and the sacrifices they made.
(Nov. 3, 2022, P.L.1944, No.129, eff. imd.)
2022 Amendment.
Act 129 added section 1304.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 38 - HOLIDAYS AND OBSERVANCES › Chapter 13 - Veteran Recognition › Section 1305 - Tuskegee Airmen Commemoration Day

§ 1305. Tuskegee Airmen Commemoration Day.
(a) Legislative findings and declarations.--
The General Assembly finds and declares as follows:
(1) During World War I, African Americans were prohibited from serving as military pilots in the United States Armed Forces due to their race.
(2) In response to advocacy by civil rights leaders and the National Association for the Advancement of Colored People, the Congress of the United States approved funding designated for the training of African-American military pilots in 1939.
(3) On March 22, 1941, the United States Army Air Corps 99th Pursuit Squadron was activated to become the first African-American fighter squadron.
(4) The members of the 99th Pursuit Squadron were the first to be known as Tuskegee Airmen because they had received their initial flight training at Moton Field, a segregated air base in Tuskegee, Alabama.
(5) Other Tuskegee Airmen would later form the famous 332nd Fighter Group, also known as the "Red Tails" due to the distinctive red marking on the tail of their aircraft.
(6) Between 1941 and 1946, nearly 1,000 African-American military pilots were trained in Tuskegee, Alabama.
(7) During World War II, the Tuskegee Airmen flew more than 15,000 sorties and lost only 66 men in the line of duty, one of the lowest loss records of any escort fighter group.
(8) The courage, dedication and service of the men and women of the Tuskegee Airmen continues to inspire both military personnel and civilians of all backgrounds throughout this country.
(b) Designation.--
March 29 of each year is designated as Tuskegee Airmen Commemoration Day.
(c) Proclamation.--
The Governor shall issue annually a proclamation encouraging all public schools and educational institutions to observe Tuskegee Airmen Commemoration Day and to conduct exercises recognizing the contributions of the Tuskegee Airmen and remembering the sacrifices they made for their country. The proclamation may not mandate a public school or educational institution to participate in the observance.
(Nov. 3, 2022, P.L.1994, No.138, eff. 60 days)
2022 Amendment.
Act 138 added section 1305.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Extra - Title Notes

Enactment.
Unless otherwise noted, the provisions of Title 40 were added November 15, 1972, P.L.1063,
            No.271, effective in 90 days.
Enactment.
Part I was added November 15, 1972, P.L.1063, No.271, effective in 90 days.
Enactment.
Part II (Reserved) was added November 15, 1972, P.L.1063, No.271, effective in 90
               days.
Enactment.
Part III was added November 15, 1972, P.L.1063, No.271, effective in 90 days.
Enactment.
Part IV was added June 30, 2016, P.L.399, No.59, effective immediately.
Enactment.
Part V was added July 2, 2019, P.L.294, No.42, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Extra - Appendix To Title

APPENDIX TO TITLE 40
INSURANCE
Supplementary Provisions of Amendatory Statutes
1975, AUGUST 2, P.L.293, NO.94
§ 2. Applicability.
The procedures established by this act shall apply to:
(1) any termination of contracts between hospital plan corporations and hospitals hereafter occurring; and
(2) any contracts between hospital plan corporations and hospitals under which subscribers received prepaid benefits on or after June 30, 1974 if such hospital plan corporations and hospitals were governed by contracts subject to 40 Pa.C.S. Chap. 61 (relating to hospital plan corporations) or corresponding provisions of law on June 30, 1964 and substantially continuously thereafter to and including June 30, 1974. Such contracts, if terminated, shall be reinstated as of their original termination and may be terminated hereafter only pursuant to the provisions of this act.
Explanatory Note.
Act 94 added section 6124(c) of Title 40.
§ 3. Effective date and retroactivity.
This act shall take effect immediately and shall be retroactive to the extent provided in section 2 of this act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 1 - General Provisions › Section 101 - Definitions

§ 101. Definitions.
Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific parts, articles, chapters or other provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Beneficial society."
A corporation subject to regulation under the act of June 4, 1937 (P.L.1643, No.342).
"Certificate of authority."
An instrument in writing issued by the department authorizing an insurer or proposed insurer to engage in the business of insurance, or some specified line, branch or part thereof, in this Commonwealth.
"Corporation not-for-profit."
A corporation not-for-profit as defined in Title 15 (relating to corporations and unincorporated associations).
"Department."
The Insurance Department of the Commonwealth.
"Foreign."
Not incorporated or organized under the laws of this Commonwealth.
"Uncertificated."
Not holding an unsuspended or unrevoked certificate of authority authorizing the relevant line, branch or part of the business of insurance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 33 - Compliance with Federal Health Care Legislation › Section 3301 - Definitions

§ 3301. 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:
"Abortion."
The term shall have the same meaning given to it in 18 Pa.C.S. § 3203 (relating to definitions).
"Complication."
The term shall have the same meaning given to it in 18 Pa.C.S. § 3203 (relating to definitions).
"Health insurance exchange."
The term shall mean an insurance system established to comply with section 1311(b) or 1321(c) of the Patient Protection and Affordable Care Act (Public Law 111-148, 42 U.S.C. § 18031(b) or 18041(c)).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 33 - Compliance with Federal Health Care Legislation › Section 3302 - Opt-out for abortion

§ 3302. Opt-out for abortion.
(a) Prohibition.--
The Commonwealth of Pennsylvania hereby elects pursuant to the authority granted the states under section 1303(a) of the Patient Protection and Affordable Care Act (Public Law 111-148, 42 U.S.C. § 18023(a)) to prohibit certain abortion coverage in qualified health plans offered through the health insurance exchange under subsection (b).
(b) Included coverage prohibition.--
No qualified health plan offered in this Commonwealth through the health insurance exchange shall include coverage for the performance of any abortion unless the reason the abortion is performed is one for which the expenditure of public funds would be permitted under 18 Pa.C.S. § 3215(c) (relating to publicly owned facilities; public officials and public funds).
(c) Excluded coverage prohibited.--
No qualified health plan offered in this Commonwealth through a health insurance exchange shall exclude coverage for:
(1) Treatment of any postabortion complication.
(2) Treatment of any miscarriage or any complication related to a miscarriage.
(d) Option.--
Nothing in this section shall prohibit an individual from purchasing optional supplemental abortion coverage provided the individual pays a separate premium for the coverage and obtains the coverage outside of the health insurance exchange.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3501 - Definitions

§ 3501. 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:
"Attorney."
The person that manages and acts as the attorney-in-fact for the reciprocal insurer.
"Commissioner."
The Insurance Commissioner of the Commonwealth.
"Department."
The Insurance Department of the Commonwealth.
"Eligible subscriber."
A subscriber of a reciprocal insurer whose policy is in force on at least one of the following dates:
(1) the date the reciprocal insurer or its attorney adopts a plan of conversion; or
(2) if a different date, on the record date for establishing subscribers eligible to vote on the plan of conversion.
"Participating policy." A policy that grants a holder the right to receive dividends if, as and when declared by the reciprocal insurer.
"Person." An individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, a similar entity or a combination of the foregoing acting in concert.
"Plan of conversion" or "plan." A plan adopted under this chapter to convert the reciprocal insurer into a stock company by the subscribers' advisory committee or an equivalent governing body of the reciprocal insurer or, in the absence of a governing body, by the board of directors or governing body of the attorney for the reciprocal insurer.
"Policy." An insurance policy issued by the reciprocal insurer.
"Reciprocal insurer." A Pennsylvania-domiciled reciprocal and inter-insurance exchange, as established in Article X of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, that is authorized to write medical professional liability insurance and at least 50% of its direct written premium in the calendar year preceding adoption of the plan of conversion consisted of medical professional liability insurance.
"Stock company." An insurance company that:
(1) meets the requirements for admission to do business as a domestic Pennsylvania insurer;
(2) is formed at the direction of the reciprocal insurer or attorney; and
(3) shall be the successor of the reciprocal insurer by the merger of the reciprocal insurer with and into the stock company or by another means approved by the commissioner.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3504 - Optional provisions of plan of conversion

§ 3504. Optional provisions of plan of conversion.
(a) Subscription rights.--
The plan may provide that the directors and officers of the attorney and the reciprocal insurer shall receive, without payment, nontransferable subscription rights to purchase capital stock of the stock company or the stock of another corporation that is participating in the conversion plan, as provided in section 3503(a)(3)(ii) (relating to contents of plan of conversion). The subscription rights shall be allocated among the directors and officers by a fair and equitable formula and shall be subordinate to the subscription rights of eligible subscribers. This chapter may not require the subordination of subscription rights received by directors and officers in their capacity as eligible subscribers.
(b) Maximum share purchase by directors and officers.--
The aggregate total number of shares that may be purchased by directors and officers of the attorney and the reciprocal insurer in their capacity under subsection (a) and in their capacity as eligible subscribers under section 3503(a)(3) may not exceed 35% of the total number of shares to be issued if total assets of the reciprocal insurer are less than $50,000,000 or 25% of the total number of shares to be issued if total assets of the reciprocal insurer are more than $500,000,000. For reciprocal companies with total assets of or between $50,000,000 and $500,000,000, the percentage of the total number of shares that may be purchased shall be interpolated.
(c) Liquidation account.--
The plan may provide for the creation of a liquidation account for the benefit of subscribers in the event of voluntary liquidation subsequent to conversion in an amount equal to the surplus of the reciprocal insurer, exclusive of the principal amount of a surplus note, on the last day of the quarter immediately preceding the date of adoption of the plan.
Cross References.
Section 3504 is referred to in sections 3502, 3503 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3505 - Alternative plan of conversion

§ 3505. Alternative plan of conversion.
A plan of conversion may be adopted that does not rely in whole or in part upon issuing nontransferable subscription rights to subscribers to purchase stock of the stock company if the commissioner finds that the plan does not prejudice the interests of the subscribers, is fair and equitable and is not inconsistent with the purpose and intent of this chapter. An alternative plan may:
(1) Include the acquisition or merger of the stock company or a corporation participating in the conversion plan under section 3503(a)(3)(ii) (relating to contents of plan of conversion) by or into a domestic or foreign stock company.
(2) Provide for issuing stock, cash or other consideration to subscribers instead of subscription rights.
(3) Set forth another plan containing any other provisions approved by the commissioner.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3506 - Effective date of plan

§ 3506. Effective date of plan.
A plan is effective when the following have been completed:
(1) The commissioner has approved the plan.
(2) The eligible subscribers have approved the plan.
(3) If the stock company becomes successor to the reciprocal insurer by merger, the eligible subscribers have approved the merger of the reciprocal insurer with and into the stock company and the articles of merger have been filed with the Secretary of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3507 - Rights of subscribers whose policies are issued after adoption of plan and before effective date

§ 3507. Rights of subscribers whose policies are issued after adoption of plan and before effective date.
(a) Notice.--
A subscriber shall be sent a written notice regarding the plan upon issuance of a policy if the subscriber's policy is issued after the later of:
(1) the date the proposed plan has been adopted; or
(2) if different, the record date for establishing subscribers eligible to vote on the plan.
The notice shall be sent before the effective date of the plan.
(b) Cancellation and refund.--
A subscriber entitled to receive the notice provided for in subsection (a) shall be advised of the subscriber's right of cancellation and to a pro rata refund of unearned premiums.
(c) Limitation on subscribers.--
A subscriber who has made or filed a claim under the subscriber's insurance policy may not receive a refund under subsection (b). A person who has exercised the rights provided under subsection (b) may not make or file a claim under the subscriber's insurance policy.
Cross References.
Section 3507 is referred to in section 3502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3508 - Corporate existence

§ 3508. Corporate existence.
On the effective date of the conversion, the corporate existence of the reciprocal insurer continues in the stock company. On the effective date of the conversion, the assets, rights, franchises and interests of the reciprocal insurer in and to every species of real, personal and mixed property and the accompanying things in action are vested in the stock company without a deed or other instrument of transfer and the stock company assumes the obligations and liabilities of the reciprocal insurer.
Cross References.
Section 3508 is referred to in section 3502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3509 - Conflict of interest

§ 3509. Conflict of interest.
(a) Compensation.--
A director, officer, agent or employee of the attorney or reciprocal insurer may not receive a fee, commission or other valuable consideration, other than his usual regular salary or compensation, for aiding, promoting or assisting in a conversion under this chapter except as provided for in the plan approved by the commissioner. This subsection does not prohibit the payment of reasonable fees and compensation to counsel, accountants and actuaries for services performed in the independent practice of their professions, even if the counsel, accountant or actuary is also a director or officer of the attorney or the reciprocal insurer.
(b) Stock benefit plan.--
For a period of two years after the effective date of the conversion, a stock company may not implement a non-tax-qualified stock benefit plan unless the plan is approved by a majority of votes eligible to be cast at a meeting of shareholders held not less than six months after the effective date of the conversion.
(c) Costs and expenses.--
The costs and expenses connected with a plan of conversion shall be paid for or reimbursed by the reciprocal insurer or the stock company. If the plan provides for participation by another corporation or stock company in the plan under section 3503(a)(3)(ii) (relating to contents of plan of conversion), the corporation or stock company may pay for or reimburse all or a portion of the costs and expenses connected with the plan.
Cross References.
Section 3509 is referred to in section 3503 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3510 - Failure to give notice

§ 3510. Failure to give notice.
If the reciprocal insurer complies substantially and in good faith with the notice requirements of this chapter, the reciprocal insurer's failure to send a subscriber the required notice does not impair the validity of an action taken under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3511 - Limitation on actions

§ 3511. Limitation on actions.
An action challenging the validity of or arising out of acts taken or proposed to be taken under this chapter shall be commenced no later than 30 days after the later of the approval of the plan by the commissioner or the deemed approval of the plan by a vote of the eligible subscribers.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3512 - Reciprocal insurer insolvent or in hazardous financial condition

§ 3512. Reciprocal insurer insolvent or in hazardous financial condition.
(a) Waiver of requirements.--
If a reciprocal insurer seeking to convert is insolvent or is in hazardous financial condition according to information supplied in its most recent annual or quarterly statement filed with the department or as determined by a financial examination performed by the department under Article IX of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, the requirements of this chapter, including notice to and policyholder approval of the plan of conversion, may be waived at the discretion of the commissioner if requested by the attorney or the reciprocal insurer. If a waiver under this section is ordered by the commissioner, the reciprocal insurer shall specify the following in its plan of conversion:
(1) The method and basis for the issuance of the stock company's shares of its capital stock to an independent party in connection with an investment by the independent party in an amount sufficient to restore the stock company, as successor to the reciprocal insurer, to a sound financial condition.
(2) That the conversion shall be accomplished without granting subscription rights or other consideration to the past, present or future subscribers.
(b) Authority of commissioner.--
This section shall not alter or limit the authority of the commissioner under the provisions of law, including, but not limited to, Article V of The Insurance Department Act of 1921.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3514 - Laws applicable to stock company

§ 3514. Laws applicable to stock company.
(a) Control of stock company.--
A reciprocal insurer may not convert under this chapter if, as a direct result of the conversion, a person or the person's affiliates acquire control of the stock company, unless that person and the person's affiliates comply with the provisions of section 1402 of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921. For purposes of this subsection, the term "control" shall have the meaning provided in section 1401 of The Insurance Company Law of 1921.
(b) Stock insurance company rules.--
Except as otherwise specified in this chapter, a stock company resulting from the conversion of a reciprocal insurer under this chapter shall have and may exercise the rights and privileges and shall be subject to the requirements and regulations imposed upon stock insurance companies formed under this act and other laws of this Commonwealth relating to the regulation and supervision of insurance companies, but it may not exercise rights or privileges that other stock insurance companies may not exercise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3515 - Licensing of stock company and commencement of business as an insurance company

§ 3515. Licensing of stock company and commencement of business as an insurance company.
The commissioner may waive the minimum surplus requirement of a stock company in connection with the initial licensing of a stock company that will be the successor to a reciprocal insurer. The stock company may not engage in the business of insurance as a stock company until the completion of the merger with the reciprocal insurer and compliance with the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3516 - Amendment of policies

§ 3516. Amendment of policies.
By endorsement or rider approved by the commissioner and sent to the policyholder, a reciprocal insurer may simultaneously with or after the adoption of a plan of conversion amend an outstanding insurance policy for the purpose of extinguishing a right of the holder of the policy to share in the surplus of the reciprocal insurer. This amendment shall be void if the plan of conversion is not submitted to the commissioner or, if submitted, is disapproved by the commissioner or, if approved by the commissioner, is not approved by the eligible subscribers on or before the first anniversary of its approval by the commissioner.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion › Section 3517 - Prohibition on acquisition of control

§ 3517. Prohibition on acquisitions of control.
Except as otherwise specifically provided in section 3503 (relating to contents of plan of conversion), from the date a plan of conversion is adopted until the effective date of the plan of conversion, a person may not directly or indirectly offer to acquire, make an announcement to acquire or acquire in any manner, including making a filing with the department for acquisition under a statute or regulation of this Commonwealth, the beneficial ownership of 10% or more of a class of a voting security of the attorney or the stock company that will be the successor of the reciprocal insurer or of a person that controls the voting securities of the attorney or the stock company that will be the successor of the reciprocal insurer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 37 - Unclaimed Life Insurance Benefits › Section 3704 - Applicability

§ 3704. Applicability.
This chapter shall not apply to all of the following:
(1) An annuity contract that does not require the insurer to pay benefits to the beneficiary of the policy.
(2) A policy that provides a death benefit under the Employee Retirement Income Security Act of 1974 (Public Law 93-406, 88 Stat. 829).
(3) A Federal employee benefit program.
(4) A policy to fund funeral or burial services.
(5) A policy of credit life insurance or health and accident insurance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 40 - INSURANCE › Chapter 37 - Unclaimed Life Insurance Benefits › Section 3705 - Enforcement

§ 3705. Enforcement.
(a) Actions.--
Upon a determination by hearing that an insurer has violated this chapter, the commissioner may pursue one or more of the following courses of action:
(1) issue an order requiring the insurer to cease and desist from engaging in the violation or suspend, revoke or refuse to issue the certificate of qualification or license of the offending insurer.
(2) impose a civil penalty of not more than $5,000 for each violation.
(b) Additional remedies or penalties.--
The enforcement remedies imposed under this section shall be in addition to any other remedies or penalties imposed by statute.
(c) Administrative procedure.--
An action or adjudication of the commissioner under this section shall be preceded by a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and shall be subject to review and appeal in accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).