AppendixAPPENDIX TO TITLE 35 HEALTH AND SAFETY

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Supplementary Provisions of Amendatory Statutes

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1978, NOVEMBER 26, P.L.1332, NO.323

§ 2.  Transfers.

All personnel, allocations, appropriations, equipment, files, records, contracts, agreements, obligations, and other material which are used, employed or expended in connection with the powers, duties or functions of the State Council of Civil Defense are hereby transferred to the Pennsylvania Emergency Management Agency with the same force and effect as if the appropriations had been made to and the items had been the property of the Pennsylvania Emergency Management Agency in the first instance and as if the contracts, agreements and obligations had been incurred or entered into by the Pennsylvania Emergency Management Agency.

Explanatory Note.  Act 323 added Part V of Title 35.

1988, JULY 13, P.L.501, NO.87

§ 9.  Continuation of State director.

The State director in office on the effective date of this act shall continue to perform the powers and duties of that office, and no Senate confirmation shall be required.

Explanatory Note.  Act 87 added or amended sections 7301, 7312, 7313, 7315, 7316, 7317, 7318, 7319, 7501, 7503, 7701 and 7706 of Title 35.

§ 11.  Reestablishment of Pennsylvania Emergency Management Agency.

This act, with respect to the Pennsylvania Emergency Management Agency, constitutes the legislation required to reestablish an agency pursuant to the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act, for a period of five years.

2009, AUGUST 18, P.L.308, NO.37

§ 5.  Continuation of prior law.

The addition of 35 Pa.C.S. Ch. 81 is a continuation of the former act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act. Except as otherwise provided in 35 Pa.C.S. Ch. 81, all activities initiated under the Emergency Medical Services Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 81. Resolutions, orders, regulations, rules and decisions which were made under the Emergency Medical Services Act and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 81. Contracts, obligations and agreements entered into under the Emergency Medical Services Act are not affected nor impaired by the repeal of the Emergency Medical Services Act.

Explanatory Note.  Act 37 added Chapter 81 of Title 35 and amended or added section 102, Subchapter C of Chapter 31 and section 3807 of Title 75.

§ 7.  Promulgation of regulations.

The Department of Health, in consultation with the board, shall promulgate all regulations needed to implement this act within two years after the effective date of this section. This act shall be liberally construed for that purpose, and the absence of express authority to adopt regulations in any provision of this act shall not be construed to preclude the authority to adopt regulations to carry out that provision. Upon promulgation of all regulations under this section, the Secretary of Health shall transmit notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

§ 8.  References in text.

Any reference in a statute or regulation to an ambulance service shall be interpreted as referencing an emergency medical services agency and any reference to the former act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act, shall be construed as a reference to 35 Pa.C.S. Ch. 81.

2010, NOVEMBER 23, P.L.1181, NO.118

§ 7.  Continuation of prior law.

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(b)  Continuation of prior law.--The addition of 35 Pa.C.S. Ch. 53 is a continuation of the act of July 9, 1990 (P.L.340, No.78), known as the Public Safety Emergency Telephone Act. The following apply:

(1)  Except as otherwise provided in 35 Pa.C.S. Ch. 53, all activities initiated under the Public Safety Emergency Telephone Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 53. Orders, regulations, rules and decisions which were made under the Public Safety Emergency Telephone Act and which are in effect on the effective date of subsection (a)(10.1)  shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 53.

(2)  Except as set forth in paragraph (3), any difference in language between 35 Pa.C.S. Ch. 53 and the Public Safety Emergency Telephone Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Public Safety Emergency Telephone Act.

(3)  Paragraph (2) does not apply to any of the following:

(i)  The omission of the following definitions in 35 Pa.C.S. § 5302:

(A)  "Active prepaid wireless account."

(A.1)  "Prepaid wireless telephone service."

(B)  "Sufficient positive balance."

(ii)  The addition of any of the following provisions in Title 35:

(A)  The addition of the following definitions in section 5302:

(I)  "Consumer."

(II)  "Prepaid wireless device."

(III)  "Prepaid wireless E-911 surcharge."

(IV)  "Prepaid wireless provider."

(V)  "Prepaid wireless telecommunications service."

(V.1)  "Retail transaction."

(V.2)  "Seller."

(VI)  "Wireless E-911 surcharge."

(B)  The following provisions of section 5311.4:

(I)  Subsection (a) introductory paragraph.

(II)  Subsection (b) introductory paragraph and (4).

(III)  Subsection (b.1).

(IV)  Subsection (h).

(C)  Section 5311.10.

(D)  Section 5312.1.

(E)  Section 5398.

(b.1)  Continuation of prior law.--Continuation is as follows:

(1)  The addition of 35 Pa.C.S. § 7403 is a continuation of Act 1925-267. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. § 7403, all activities initiated under Act 1925-267 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7403. Orders, regulations, rules and decisions which were made under Act 1925-267 and which are in effect on the effective date of subsection (a)(1) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7403.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7403 and Act  1925-267 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act  1925-267.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7403:

(A)  (Reserved).

(B)  (Reserved).

(2)  The addition of 35 Pa.C.S. Ch. 74 Subch. D is a continuation of Act 1941-74. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch. 74 Subch. D, all activities initiated under Act 1941-74 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 74 Subch. D. Orders, regulations, rules and decisions which were made under Act 1941-74 and which are in effect on the effective date of subsection (a)(2) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 74 Subch. D.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 74 Subch. D and Act 1941-74 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act 1941-74.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 74 Subch. D:

(A)  (Reserved).

(B)  (Reserved).

(3)  The addition of 35 Pa.C.S. Ch. 73 Subch. D is a continuation of Act 1949-547. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch. 73 Subch. D, all activities initiated under Act 1949-547 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 73 Subch. D. Orders, regulations, rules and decisions which were made under Act 1949-547 and which are in effect on the effective date of subsection (a)(3) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 73 Subch. D.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 73 Subch. D and Act 1949-547 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act 1949-547.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 73 Subch. D:

(A)  (Reserved).

(B)  (Reserved).

(4)  (Reserved).

(5)  The addition of 35 Pa.C.S. Ch. 74 Subch. B is a continuation of the Volunteer Firefighters' Relief Association Act. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch. 74 Subch. B, all activities initiated under the Volunteer Firefighters' Relief Association Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 74 Subch. B. Orders, regulations, rules and decisions which were made under the Volunteer Firefighters' Relief Association Act and which are in effect on the effective date of subsection (b)(5) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 74 Subch. B.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 74 Subch. B and the Volunteer Firefighters' Relief Association Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Volunteer Firefighters' Relief Association Act.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 74 Subch. B:

(A)  (Reserved).

(B)  (Reserved).

(6)  The addition of 35 Pa.C.S. § 7708 is a continuation of Act 1974-264. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. § 7708, all activities initiated under Act 1974-264 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7708. Orders, regulations, rules and decisions which were made under Act 1974-264 and which are in effect on the effective date of subsection (a)(6) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7708.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7708 and Act 1974-264 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act 1974-264.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7708:

(A)  (Reserved).

(B)  (Reserved).

(7)  The addition of 35 Pa.C.S. § 7709 is a continuation of Act 1976-114. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. § 7709, all activities initiated under Act 1976-114 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7709. Orders, regulations, rules and decisions which were made under Act 1976-114 and which are in effect on the effective date of subsection (a)(7) act shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7709.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7709 and Act 1976-114 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act 1976-114.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7709:

(A)  (Reserved).

(B)  (Reserved).

(8)  The addition of 35 Pa.C.S. Ch. 73 Subch. E is a continuation of the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch. 73 Subch. E, all activities initiated under the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 73 Subch. E. Orders, regulations, rules and decisions which were made under the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act and which are in effect on the effective date of subsection (a)(8) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 73 Subch. E.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 73 Subch. E and the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 73 Subch. E:

(A)  (Reserved).

(B)  (Reserved).

(9)  The addition of 35 Pa.C.S. Ch. 74 Subch. C is a continuation of Act 1977-83. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch. 74 Subch. C, all activities initiated under Act 1977-83 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 74 Subch. C. Orders, regulations, rules and decisions which were made under Act 1977-83 and which are in effect on the effective date of subsection (a)(9) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 74 Subch. C.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 74 Subch. C and Act 1977-83 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act 1977-83.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 74 Subch. C:

(A)  (Reserved).

(B)  (Reserved).

(10)  The addition of 35 Pa.C.S. § 7710 is a continuation of Act 1982-162. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. § 7710, all activities initiated under Act 1982-162 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7710. Orders, regulations, rules and decisions which were made under Act 1982-162 and which are in effect on the effective date of subsection (a)(10) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7710.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7710 and Act 1982-162 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act 1982-162.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7710:

(A)  (Reserved).

(B)  (Reserved).

(11)  The addition of 35 Pa.C.S. § 7711 is a continuation of Act 1990-168. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. § 7711, all activities initiated under act 1990-168 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7711. Orders, regulations, rules and decisions which were made under Act 1990-168 and which are in effect on the effective date of subsection (a)(11) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7711.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7711 and Act 1990-168 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act 1990-168.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7711:

(A)  (Reserved).

(B)  (Reserved).

(12)  The addition of 35 Pa.C.S. § 7712 is a continuation of Act 1992-127. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. § 7712, all activities initiated under Act 1992-127 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7712. Orders, regulations, rules and decisions which were made under Act 1992-127 and which are in effect on the effective date of subsection (a)(12) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7712.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7712 and Act 1992-127 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Act 1992-127.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7712:

(A)  (Reserved).

(B)  (Reserved).

(13)  The addition of 35 Pa.C.S. Ch. 73 Subch. F is a continuation of the State Fire Commissioner Act. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch. 73 Subch. F, all activities initiated under the State Fire Commissioner Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 73 Subch. F. Orders, regulations, rules and decisions which were made under the State Fire Commissioner Act and which are in effect on the effective date of subsection (a)(13) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 73 Subch. F.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 73 Subch. F and the State Fire Commissioner Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the State Fire Commissioner Act.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 73 Subch. F:

(A)  (Reserved).

(B)  (Reserved).

(14)  The addition of 35 Pa.C.S. Ch. 78 is a continuation of the Volunteer Fire Company and Volunteer Ambulance Service Grant Act. The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch. 78, all activities initiated under the Volunteer Fire Company and Volunteer Ambulance Service Grant Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 78. Orders, regulations, rules and decisions which were made under the Volunteer Fire Company and Volunteer Ambulance Service Grant Act  and which are in effect on the effective date of subsection (a)(14) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 78.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 78 and the Volunteer Fire Company and Volunteer Ambulance Service Grant Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.

(iii)  Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 78:

(A)  (Reserved).

(B)  (Reserved).

(15)  The addition of 35 Pa.C.S. § 7713 is a continuation of 18 Pa.C.S. § 3301(h.1). The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. § 7713, all activities initiated under 18 Pa.C.S. § 3301(h.1) shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7713. Orders, regulations, rules and decisions which were made under 18 Pa.C.S. § 3301(h.1) and which are in effect on the effective date of subsection (a)(15) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.C. § 7713.

(ii)  Any difference in language between 35 Pa.C.S. § 7713 and 18 Pa.C.S. § 3301(h.1) is intended only to effectuate the transfer of material within the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of 18 Pa.C.S. § 3301(h.1).

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Explanatory Note.  Act 118 added Part III, Subchapters D, E and F of Chapter 73, Chapter 74, sections 7708, 7709, 7710, 7711, 7712 and 7713 and Chapter 78 of Title 35 and amended section 1408 of Title 4 and section 3301 of Title 18.

2013, DECEMBER 23, P.L.1256, NO.129

§ 6.  References to Pennsylvania Emergency Management Agency.

The Legislative Reference Bureau shall replace references to the Pennsylvania Emergency Management Agency with references to the Office of the State Fire Commissioner in 4 Pa. Code Ch. 113 (relating to volunteer fire company, ambulance service and rescue squad assistance).

Explanatory Note.  Act 129 amended sections 7363, 7364, 7365, 7366 and 7376 of Title 35.