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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLER, BOYD, FLECK, GINGRICH, GRELL, GROVE, ROSS, SCAVELLO AND SWANGER, JANUARY 24, 2011 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 24, 2011 |
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| AN ACT |
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1 | Amending the act of May 15, 1945 (P.L.547, No.217), entitled, as |
2 | amended, "An act relating to the conservation of soil, water |
3 | and related natural resources and land use practices |
4 | contributing to soil wastage and soil erosion; providing for |
5 | the organization of the various counties into conservation |
6 | districts; the appointment of their officers and employes; |
7 | and prescribing their powers and duties; creating the State |
8 | Conservation Commission in the Department of Environmental |
9 | Resources and fixing its powers and duties relative to the |
10 | administration of this act; providing financial and legal |
11 | assistance to such conservation districts and the commission; |
12 | and authorizing county governing bodies to make |
13 | appropriations thereto; providing for disposition and |
14 | operation of existing districts; and repealing existing |
15 | laws," imposing a surcharge on certain fines and penalties; |
16 | and making editorial changes. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 3 of the act of May 15, 1945 (P.L.547, |
20 | No.217), known as the Conservation District Law, reenacted and |
21 | amended December 19, 1984 (P.L.1125, No.221) and amended July 9, |
22 | 2008 (P.L.986, No.75), is amended to read: |
23 | Section 3. Definitions.--[Wherever used or referred to in |
24 | this act unless a different meaning clearly appears from the |
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1 | context: |
2 | (a) "Commonwealth" means the Commonwealth of Pennsylvania. |
3 | (b) "Agency of this Commonwealth" includes the government of |
4 | this Commonwealth and any subdivision, agency or |
5 | instrumentality, corporate or otherwise, of the government of |
6 | this Commonwealth. |
7 | (c) "District" or "conservation district" means any county |
8 | in the Commonwealth whose county governing body has, by |
9 | resolution, declared said county to be a conservation district. |
10 | (d) "County governing body" means the board of county |
11 | commissioners or that body that has responsibility or authority |
12 | relating to the conservation district. |
13 | (e) "Directors" or "Board of directors" means the governing |
14 | body of a conservation district appointed under the provision of |
15 | this act. |
16 | (f) "Commission" means the State Conservation Commission |
17 | created by this act. |
18 | (g) "United States" or "Agency of the United States" |
19 | includes the United States Department of Agriculture and any |
20 | other agency or instrumentality, corporate or otherwise, of the |
21 | government of the United States of America. |
22 | (h) "Government" or "governmental" includes the government |
23 | of this Commonwealth and the government of the United States. |
24 | (i) "Land occupier" or "occupier of land" includes any |
25 | person, firm or corporation who shall hold title to, or shall be |
26 | in possession of, any lands lying within a conservation |
27 | district, organized under the provisions of this act, whether as |
28 | owner, lessee, renter, tenant or otherwise. |
29 | (j) "Cooperating organization" is any organization approved |
30 | by the commission to assist in carrying out the provisions of |
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1 | this act. |
2 | (k) "Nominating organization" is any organization approved |
3 | under section 4 for the purpose of nominating district |
4 | directors. |
5 | (l) "County" includes cities of the first class. |
6 | (m) "Department" means the Department of Environmental |
7 | Protection.] The following words and phrases when used in this |
8 | act shall have the meanings given to them in this section unless |
9 | the context clearly indicates otherwise: |
10 | "Agency of the Commonwealth." The term includes the |
11 | government of the Commonwealth and any subdivision, agency or |
12 | instrumentality, corporate or otherwise, of the government of |
13 | this Commonwealth. |
14 | "Commission." The State Conservation Commission created by |
15 | this act. |
16 | "Commonwealth." The Commonwealth of Pennsylvania. |
17 | "Cooperating organization." An organization approved by the |
18 | State Conservation Commission to assist in carrying out the |
19 | provisions of this act. |
20 | "County." The term includes a city of the first class. |
21 | "County governing body." The board of county commissioners |
22 | or that body that has responsibility or authority relating to a |
23 | conservation district. |
24 | "Department." The Department of Environmental Protection of |
25 | the Commonwealth. |
26 | "Directors" or "board of directors." The governing body of a |
27 | conservation district appointed under the provisions of this |
28 | act. |
29 | "District" or "conservation district." A county in the |
30 | Commonwealth whose county governing body has, by resolution, |
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1 | declared the county to be a conservation district. |
2 | "Government" or "governmental." The government of the |
3 | Commonwealth and the government of the United States. |
4 | "Land occupier" or "occupier of land." The term includes any |
5 | person, firm or corporation who holds title to or is in |
6 | possession of any lands lying within a conservation district, |
7 | organized under the provisions of this act, whether as owner, |
8 | lessee, renter, tenant or otherwise. |
9 | "Nominating organization." An organization approved under |
10 | section 4 for the purpose of nominating district directors. |
11 | "Special fund." Any special fund or restricted revenue |
12 | account administered by the department, including, but not |
13 | limited to: |
14 | (1) The Clean Air Fund. |
15 | (2) The Clean Water Fund. |
16 | (3) The Safe Drinking Water Account. |
17 | (4) The Solid Waste Abatement Fund. |
18 | (5) The Waste Transportation Safety Account. |
19 | "United States" or "agency of the United States." The term |
20 | includes the United States Department of Agriculture and any |
21 | other agency or instrumentality, corporate or otherwise, of the |
22 | government of the United States. |
23 | Section 2. The act is amended by adding a section to read: |
24 | Section 14.1. Surcharge on Fines and Penalties.--(a) The |
25 | department shall impose and collect a surcharge on each fine and |
26 | penalty that is collected by it under this or any other act and |
27 | that is deposited into a special fund. The amount of the |
28 | surcharge shall be equal to ten percent of the amount of the |
29 | fine or penalty. The surcharge shall be deposited into the |
30 | special fund in which the fine or penalty is deposited. |
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1 | (b) The Secretary of the Budget shall annually transfer from |
2 | each special fund to the Conservation District Fund an amount |
3 | equal to the aggregate amount of surcharges collected under this |
4 | section and deposited into the special fund during the previous |
5 | year. |
6 | Section 3. This act shall take effect in 60 days. |
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