Pennsylvania Act 2006-45 — PENNSYLVANIA ELECTION CODE - OMNIBUS AMENDMENTS

Act text

Session of 2006

No. 2006-45

SB 999

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled "An act concerning elections, including general, municipal, special and primary elections, the nomination of candidates, primary and election expenses and election contests; creating and defining membership of county boards of elections; imposing duties upon the Secretary of the Commonwealth, courts, county boards of elections, county commissioners; imposing penalties for violation of the act, and codifying, revising and consolidating the laws relating thereto; and repealing certain acts and parts of acts relating to elections," further providing for Voting Standards Development Board, for compensation of district election officers, for polling places selected by county boards and for public buildings to be used where possible and portable polling places and for prohibiting polling places in buildings or rooms where malt or brewed beverages or liquor dispensed; providing for polling places in other buildings; further providing for nominations by political bodies and for affidavits of candidates; further providing for opening of polls, posting cards of instruction and notices of penalties and voters' rights and examination of voting machines, for voting procedures, for date of application for absentee ballots, for canvassing of official absentee ballots and for violation of provisions relating to absentee voting; and making a repeal of the act of October 8, 2004 (P.L.830, No.98).

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 204(h) of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, added December 9, 2002 (P.L.1246, No.150), is amended to read:

Section 204. Voting Standards Development Board.--* * *

(h) (1) The board shall have the power and duty to develop uniform and nondiscriminatory standards that define what constitutes a valid vote cast through a paper ballot and what constitutes a valid vote through each type of electronic voting system used in the Commonwealth. On or before July 1, 2003, the board shall adopt standards for paper ballots and each type of electronic voting system. The department shall cause these standards to be published as a notice in the Pennsylvania Bulletin.

(2) The standards adopted by the board and published by the Department of State in the Pennsylvania Bulletin Volume 33 Number 31 on August 2, 2003, shall, for the general election in 2004 and any primary, municipal, special and general election in 2006 and 2007, have the force and effect of law.

Section 2. Section 302(b) of the act, amended October 8, 2004 (P.L.807, No.97), is amended to read:

Section 302. Powers and Duties of County Boards.--The county boards of elections, within their respective counties, shall exercise, in the manner provided by this act, all powers granted to them by this act, and shall perform all the duties imposed upon them by this act, which shall include the following:

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(b) To select and equip polling places that meet the requirements of this act .

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Section 3. Section 412.2 of the act, added December 9, 2002 (P.L.1246, No.150), is amended to read:

Section 412.2. Compensation of District Election Officers.--(a) In all counties regardless of class, the compensation of judges of election, inspectors of election, clerks and machine operators shall be fixed by the county board of elections for each election in accordance with the following:

(b) If a county board of elections authorizes that the duties of a clerk of elections or machine operator may be performed by two individuals who each perform such duties for one-half of an election day, such individuals shall each be compensated at one-half of the rate authorized for a single individual who performs the duties for the entire election day.

(c) The county board of elections may, in its discretion, establish different per diem rates within the minima and maxima provided for in subsection (a) based on the number of votes cast for the following groups:

(1) 150 votes or fewer.

(2) 151 to 300 votes.

(3) 301 to 500 votes.

(4) 501 to 750 votes.

(5) 751 votes and over.

(d) For transmitting returns of elections and the ballot box or boxes, all judges of election shall be entitled to receive the additional sum of twenty dollars ($20).

(e) The county board of elections may, in its discretion, require the minority inspector of election to accompany the judge of election in transmitting the returns of elections, in which case the minority inspector of election shall be entitled to receive the additional sum of twenty dollars ($20).

(f) The person furnishing transportation to the judge of election and the minority inspector in transmitting returns and ballot boxes shall be entitled to a minimum of thirty-five cents (35¢) per circular mile from the polling place to the county court house. The name of such person shall appear on the voucher of the judge of election, and only one person shall receive mileage compensation.

(g) A constable or deputy constable performing duties under section 1207 of this act shall receive compensation at the same rate payable to an inspector.

(h) When a primary and special election or a special election and a general or municipal election take place on the same date, they shall be construed as one election for the purpose of receiving compensation.

(i) Compensation and other payments received by election officials pursuant to this section shall not be deemed income classified and categorized under section 303 of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."

Section 4. Section 526 of the act is amended to read:

Section 526. Polling Places to Be Selected by County Board.--

(a) The county board of elections shall select and fix the polling place within each new election district and may, at any time, for any reason that may seem proper to it, either on its own motion or on petition of ten qualified registered electors of an election district, change the polling place within any election district. Except in case of an emergency or unavoidable event occurring within [ten] twenty days of a primary or election, which renders any polling place unavailable for use at such primary or election, the county board shall not change any polling place until at least five days after notice of the proposed change shall have been posted on the existing polling place and in the immediate vicinity thereof, and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of said polling place, or their agent.

(b) Except in case of emergency or unavoidable event, occurring within [ten] twenty days of a primary or election, which renders any polling place unavailable for use, if a petition be presented to the county board on or before the day set for hearing of the petition for change of polling place, signed by a majority of the registered electors of the district, objecting to the proposed change, said change shall not be ordered.

(c) The county board of elections shall publicly announce, not less than twenty days prior to the primary election, special election, municipal election or general election, by posting at its office in a conspicuous place, a list of the places at which the election is to be held in the various election districts of the county. The list shall be available for public inspection at the office of the county board of elections.

Section 5. Section 527(a) of the act, amended July 1, 1987 (P.L.178, No.20), is amended to read:

Section 527. Public Buildings to Be Used Where Possible; Portable Polling Places.--(a) In selecting polling places, the county board of elections shall, wherever possible and practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. Any board of public education or school directors, or county or the municipal authorities shall, upon request of the county board, make arrangements for the use of school property, or of county or municipal property for polling places. In selecting polling places, the county board of elections shall make every effort to select polling places that provide all electors with an environment that is free from intimidation and violence.

In the event no available public building as contemplated under this section is situated within the boundaries of any election district, the county board of elections may, not less than [ten] twenty days prior to any election, designate as the polling place for such election district any such public building situated in another election district within the same or immediately adjacent ward, or, if there are no wards, then within the same borough or township as the case may be, provided such other building is located in an election district which is immediately adjacent to the boundary of the election district for which it is to be the polling place and is directly accessible therefrom by public street or thoroughfare. Two or more polling places may be located in the same public building under this section. A polling place may be selected and designated hereunder less than [ten] twenty days prior to any election, with the approval of a court of competent jurisdiction.

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Section 6. Section 529 of the act is amended to read:

Section 529. Polling Places in Buildings or Rooms Where Malt or Brewed Beverages or Liquors [Sold] Dispensed Prohibited.--[No] (a) Except as provided in subsection (c), no election shall be held in any room [or building, any part of which is used for the sale or serving of] where malt or brewed beverages or liquors[.] are dispensed. No malt or brewed beverages or liquors may be served in a building where a polling place is located during the hours that the polling place is open.

(b) The polling place must be accessible from an outside entrance that does not require passageway through the room where malt or brewed beverages or liquors are dispensed.

(c) In the case of an establishment licensed as a club under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, which is located in a building with only one room, an election may be held in the room if no malt or brewed beverages or liquors are served during the hours that the polling place is open.

Section 7. The act is amended by adding a section to read:

Section 529.1. Polling Places in Other Buildings.--No election shall be held in any of the following:

(1) A private residence not situated within the boundaries of the election district.

(2) A private residence of an elected or appointed party official.

(3) A private residence that is not otherwise prohibited under paragraphs (1), (2), (6) and (7), unless the county board of elections certifies in writing and at a public hearing that:

(i) the polling place located within the private residence is accessible to persons with disabilities; and

(ii) the private residence is a location free of intimidation and harassment.

(4) An abandoned building.

(5) A vacant lot.

(6) An office, building or private residence of a candidate for political office.

(7) An office, building or private residence of an elected official.

(8) A building utilized by a ward or political party as headquarters.

Section 8. Sections 630.1, 910, 951(e) and 981.1 of the act, amended February 13, 1998 (P.L.72, No.18), are amended to read:

Section 630.1. Affidavits of Candidates.--Each candidate for any State, county, city, borough, incorporated town, township, school district or poor district office, or for the office of United States Senator or Representative in Congress, selected as provided in section 630 of this act, shall file with the nomination certificate an affidavit stating--(a) his residence, with street and number, if any, and his post-office address; (b) his election district, giving city, borough, town or township; (c) the name of the office for which he consents to be a candidate; (d) that he is eligible for such office; (e) that he will not knowingly violate any provision of this act, or of any law regulating and limiting election expenses and prohibiting corrupt practices in connection therewith; (f) unless he is a candidate for judge of a court of common pleas, the Philadelphia Municipal Court or the Traffic Court of Philadelphia, or for the office of school board in a district where that office is elective or for the office of justice of the peace, that he is not a candidate for the same office of any party or political body other than the one designated in such certificate; [and] (g) that he is aware of the provisions of section 1626 of this act requiring election and post-election reporting of campaign contributions and expenditures[.] ; and (h) that he is not a candidate for an office which he already holds, the term of which is not set to expire in the same year as the office subject to the affidavit.

Section 910. Affidavits of Candidates.--Each candidate for any State, county, city, borough, incorporated town, township, ward, school district, poor district, election district, party office, party delegate or alternate, or for the office of United States Senator or Representative in Congress, shall file with his nomination petition his affidavit stating--(a) his residence, with street and number, if any, and his post-office address; (b) his election district, giving city, borough, town or township; (c) the name of the office for which he consents to be a candidate; (d) that he is eligible for such office; (e) that he will not knowingly violate any provision of this act, or of any law regulating and limiting nomination and election expenses and prohibiting corrupt practices in connection therewith; (f) unless he is a candidate for judge of a court of common pleas, the Philadelphia Municipal Court or the Traffic Court of Philadelphia, or for the office of school director in a district where that office is elective or for the office of justice of the peace that he is not a candidate for nomination for the same office of any party other than the one designated in such petition; (g) if he is a candidate for a delegate, or alternate delegate, member of State committee, National committee or party officer, that he is a registered and enrolled member of the designated party; (h) if he is a candidate for delegate or alternate delegate the presidential candidate to whom he is committed or the term "uncommitted"; [and] (i) that he is aware of the provisions of section 1626 of this act requiring pre-election and post-election reporting of campaign contributions and expenditures[.] ; and (j) that he is not a candidate for an office which he already holds, the term of which is not set to expire in the same year as the office subject to the affidavit. In cases of petitions for delegate and alternate delegate to National conventions, the candidate's affidavit shall state that his signature to the delegate's statement, as hereinafter set forth, if such statement is signed by said candidate, was affixed to the sheet or sheets of said petition prior to the circulation of same. In the case of a candidate for nomination as President of the United States, it shall not be necessary for such candidate to file the affidavit required in this section to be filed by candidates, but the post-office address of such candidate shall be stated in such nomination petition.

Section 951. Nominations by Political Bodies.--* * *

(e) There shall be appended to each nomination paper offered for filing an affidavit of each candidate nominated therein, stating--(1) the election district in which he resides; (2) the name of the office for which he consents to be a candidate; (3) that he is eligible for such office; (4) that he will not knowingly violate any provision of this act, or of any law regulating and limiting election expenses, and prohibiting corrupt practices in connection therewith; (5) that his name has not been presented as a candidate by nomination petitions for any public office to be voted for at the ensuing primary election, nor has he been nominated by any other nomination papers filed for any such office; (6) that in the case where he is a candidate for election at a general or municipal election, he was not a registered and enrolled member of a party thirty (30) days before the primary held prior to the general or municipal election in that same year; (7) that, in the case where he is a candidate for election at a special election, he is not a registered and enrolled member of a party[.] ; and (8) that he is not a candidate for an office which he already holds, the term of which is not set to expire in the same year as the office subject to the affidavit.

Section 981.1. Affidavits of Candidates.--Each candidate for any State, county, city, borough, incorporated town, township, ward, school district, poor district or election district office, or for the office of United States Senator or Representative in Congress, selected as provided in sections 979 and 980 of this act, shall file with the substituted nomination certificate an affidavit stating--(a) his residence, with street and number, if any, and his post-office address; (b) his election district, giving city, borough, town or township; (c) the name of the office for which he consents to be a candidate; (d) that he is eligible for such office; (e) that he will not knowingly violate any provision of this act, or of any law regulating and limiting election expenses and prohibiting corrupt practices in connection therewith; (f) unless he is a candidate for judge of a court of common pleas, the Philadelphia Municipal Court or the Traffic Court of Philadelphia, or for the office of school board in a district where that office is elective or for the office of justice of the peace, that he is not a candidate for the same office of any party or political body other than the one designated in such certificate; [and] (g) that he is aware of the provisions of section 1626 of this act requiring election and post-election reporting of campaign contributions and expenditures[.] ; and (h) that he is not a candidate for an office which he already holds, the term of which is not set to expire in the same year as the office subject to the affidavit.

Section 9. Section 1209 heading and (a) of the act, amended May 16, 1945 (P.L.596, No.250), are amended and the section is amended by adding a subsection to read:

Section 1209. Opening of Polls; Posting Cards of Instruction and Notices of Penalties and Voters' Rights ; Examination of Voting Machines.--(a) In districts in which ballots are used, the election officers shall, after taking the oath, open the ballot boxes which have been furnished to them, and burn and totally destroy all the ballots and other papers which they may find therein, before the opening of the polls.

Whenever during any emergency, it becomes necessary to save waste paper on account of a shortage thereof, the Governor of the Commonwealth may, by proclamation, suspend the foregoing provisions relating to the destruction of ballots and papers, and in that case, the election board shall set the ballots and other papers aside and they shall be collected and disposed of by such means and in such manner as may be determined by the county election board. When the polling place is opened, the ballot box shall be securely locked, and shall not be opened until the close of the polls, as provided in section 1221. At the opening of the polls the seals of the packages furnished by the county board shall be publicly broken, and the said packages shall be opened by the judge of election. The cards of instruction and notices of penalties shall be immediately posted in each voting compartment, and not less than three such cards and notices of penalties and voters' rights , and not less than five specimen ballots (at primaries five of each party), shall be immediately posted in or about the voting room outside the enclosed space, and such cards of instruction, notices of penalties and specimen ballots shall be given to any elector at his request, so long as there are any on hand.

(a.1) The notice pertaining to voters' rights shall contain the following in boldface type:

An elector shall have the right to cast his or her vote:

without the use or threat of force, violence or restraint;

without the infliction or threat of infliction of injury;

without any intimidation or coercion upon or against his or her person; or

without any other action intended to deny any individual's right to vote.

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Section 10. Section 1210(a.3) of the act, amended October 8, 2004 (P.L.807, No.97), is amended to read:

Section 1210. Manner of Applying to Vote; Persons Entitled to Vote; Voter's Certificates; Entries to Be Made in District Register; Numbered Lists of Voters; Challenges.--* * *

(a.3) All electors, including any elector that shows identification pursuant to subsection (a), shall subsequently sign a voter's certificate in blue, black or blue-black ink with a fountain pen or ball point pen , and, unless he is a State or Federal employe who has registered under any registration act without declaring his residence by street and number, he shall insert his address therein, and hand the same to the election officer in charge of the district register. Such election officer shall thereupon announce the elector's name so that it may be heard by all members of the election board and by all watchers present in the polling place and shall compare the elector's signature on his voter's certificate with his signature in the district register. If, upon such comparison, the signature upon the voter's certificate appears to be genuine, the elector who has signed the certificate shall, if otherwise qualified, be permitted to vote: Provided, That if the signature on the voter's certificate, as compared with the signature as recorded in the district register, shall not be deemed authentic by any of the election officers, such elector shall not be denied the right to vote for that reason, but shall be considered challenged as to identity and required to make the affidavit and produce the evidence as provided in subsection (d) of this section. When an elector has been found entitled to vote, the election officer who examined his voter's certificate and compared his signature shall sign his name or initials on the voter's certificate, shall, if the elector's signature is not readily legible, print such elector's name over his signature, and the number of the stub of the ballot issued to him or his number in the order of admission to the voting machines, and at primaries a letter or abbreviation designating the party in whose primary he votes shall also be entered by one of the election officers or clerks. As each voter is found to be qualified and votes, the election officer in charge of the district register shall write or stamp the date of the election or primary, the number of the stub of the ballot issued to him or his number in the order of admission to the voting machines, and at primaries a letter or abbreviation designating the party in whose primary he votes, and shall sign his name or initials in the proper space on the registration card of such voter contained in the district register.

As each voter votes, his name in the order of voting shall be recorded in two (2) numbered lists of voters provided for that purpose, with the addition of a note of each voter's party enrollment after his name at primaries.

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Section 11. Section 1302.1 of the act, amended February 13, 1998 (P.L.72, No.18), is amended to read:

Section 1302.1. Date of Application for Absentee Ballot.-- (a) Applications for absentee ballots unless otherwise specified shall be received in the office of the county board of elections not earlier than fifty (50) days before the primary or election and not later than five o'clock P.M. of the first Tuesday prior to the day of any primary or election: Provided, however, That in the event any elector otherwise qualified who is so physically disabled or ill on or before the first Tuesday prior to any primary or election that he is unable to file his application or who becomes physically disabled or ill after the first Tuesday prior to any primary or election and is unable to appear at his polling place or any elector otherwise qualified who because of the conduct of his business, duties or occupation will necessarily be absent from the municipality of his residence on the day of the primary or election, which fact was not and could not reasonably be known to said elector on or before the first Tuesday prior to any primary or election, shall be entitled to an absentee ballot at any time prior to five o'clock P.M. on the first Friday preceding any primary or election upon execution of an Emergency Application in such form prescribed by the Secretary of the Commonwealth.

(b) In the case of an elector whose application for an absentee ballot is received by the office of the county board of elections earlier than fifty (50) days before the primary or election, the application shall be held and processed upon commencement of the fifty-day period.

(c) In the case of an elector who is physically disabled or ill on or before the first Tuesday prior to a primary or election or becomes physically disabled or ill after the first Tuesday prior to a primary or election, such Emergency Application shall contain a supporting affidavit from his attending physician stating that due to physical disability or illness said elector was unable to apply for an absentee ballot on or before the first Tuesday prior to the primary or election or became physically disabled or ill after that period.

(d) In the case of an elector who is necessarily absent because of the conduct of his business, duties or occupation under the unforeseen circumstances specified in this subsection, such Emergency Application shall contain a supporting affidavit from such elector stating that because of the conduct of his business, duties or occupation said elector will necessarily be absent from the municipality of his residence on the day of the primary or election which fact was not and could not reasonably be known to said elector on or before the first Tuesday prior to the primary or election.

Section 12. Section 1308(a) of the act, amended December 11, 1968 (P.L.1183, No.375), is amended and the section is amended by adding a subsection to read:

Section 1308. Canvassing of Official Absentee Ballots.--

(a) The county boards of election, upon receipt of official absentee ballots in such envelopes, shall safely keep the same in sealed or locked containers until they distribute same to the appropriate local election districts in a manner prescribed by the Secretary of the Commonwealth.

The county board of elections shall then distribute the absentee ballots, unopened, to the absentee voter's respective election district concurrently with the distribution of the other election supplies. Absentee ballots shall be canvassed immediately and continuously without interruption until completed after the close of the polls on the day of the election in each election district. The results of the canvass of the absentee ballots shall then be included in and returned to the county board with the returns of that district. [No] Except as provided in subsection (g), no absentee ballot shall be counted which is received in the office of the county board of election later than five o'clock P. M. on the Friday immediately preceding the primary or November election.

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(g) (1) An absentee ballot cast by any absentee elector as defined in section 1301(a), (b), (c), (d), (e), (f), (g) and (h) which is received in the office of the county board of elections after five o'clock P. M. on the Friday immediately preceding the election and no later than five o'clock P. M. on the seventh day following an election shall be canvassed in accordance with this subsection if the absentee ballot is postmarked no later than the day immediately preceding the election.

(2) The county board of elections shall meet on the eighth day following the election to canvass the absentee ballots received under this subsection. One authorized representative of each candidate in an election and one representative from each political party shall be permitted to remain in the room in which the absentee ballots are canvassed. Representatives shall be permitted to challenge any absentee elector in accordance with the provisions of paragraph (3).

(3) When the county board meets to canvass absentee ballots under paragraph (2), the board shall examine the declaration on the envelope of each ballot not set aside under subsection (d) and shall compare the information thereon with that contained in the "Registered Absentee Voters File," the absentee voters' list and/or the "Military Veterans and Emergency Civilians Absentee Voters File," whichever is applicable. If the county board is satisfied that the declaration is sufficient and the information contained in the "Registered Absentee Voters File," the absentee voters' list and/or the "Military Veterans and Emergency Civilians Absentee Voters File" verifies his right to vote, the county board shall announce the name of the elector and shall give any candidate representative or party representative present an opportunity to challenge any absentee elector upon the ground or grounds: (i) that the absentee elector is not a qualified elector; or (ii) that the absentee elector was within the municipality of his residence on the day of the primary or election during the period the polls were open, except where he was in the military service or except in the case where his ballot was obtained for the reason that he was unable to appear personally at the polling place because of illness or physical disability; or (iii) that the absentee elector was able to appear personally at the polling place on the day of the primary or election during the period the polls were open in the case his ballot was obtained for the reason that he was unable to appear personally at the polling place because of illness or physical disability. Upon challenge of any absentee elector, as set forth herein, the board shall mark "challenged" on the envelope together with the reasons therefor, and the same shall be set aside unopened pending final determination of the challenge according to the procedure described in paragraph (5).

(4) All absentee ballots not challenged for any of the reasons provided in paragraph (3) shall be counted and included with the returns of the applicable election district as follows. The county board shall open the envelope of every unchallenged absentee elector in such manner as not to destroy the declaration executed thereon. If any of the envelopes on which are printed, stamped or endorsed the words "Official Absentee Ballot" contain any extraneous marks or identifying symbols, the envelopes and the ballots contained therein shall be set aside and declared void. The county board shall then break the seals of such envelopes, remove the ballots and record the votes.

(5) With respect to the challenged ballots, they shall be placed unopened in a secure, safe and sealed container in the custody of the county board until it shall fix a time and place for a formal hearing of all such challenges, and notice shall be given where possible to all absentee electors thus challenged and to every individual who made a challenge. The time for the hearing shall not be later than five (5) days after the date of the challenge. On the day fixed for said hearing, the county board shall proceed without delay to hear said challenges, and, in hearing the testimony, the county board shall not be bound by the Pennsylvania Rules of Evidence. The testimony presented shall be stenographically recorded and made part of the record of the hearing.

(6) The decision of the county board in upholding or dismissing any challenge may be reviewed by the court of common pleas of the county upon a petition filed by any person aggrieved by the decision of the county board. The appeal shall be taken, within two (2) days after the decision was made, whether the decision was reduced to writing or not, to the court of common pleas setting forth the objections to the county board's decision and praying for an order reversing the decision.

(7) Pending the final determination of all appeals, the county board shall suspend any action in canvassing and computing all challenged ballots received under this subsection irrespective of whether or not appeal was taken from the county board's decision. Upon completion of the computation of the returns of the county, the votes cast upon the challenged official absentee ballots that have been finally determined to be valid shall be added to the other votes cast within the county.

Section 13. Section 1331 of the act, added December 11, 1968 (P.L.1183, No.375), is amended to read:

Section 1331. Violation of Provisions Relating to Absentee Voting.--[Any] (a) Except as provided in subsection (b), any person who shall violate any of the provisions of this act relating to absentee voting shall, unless otherwise provided, be subject to the penalties provided for in section 1850 of this act.

(b) Any person who knowingly assists another person who is not a qualified absentee elector in filling out an absentee ballot application or absentee ballot commits a misdemeanor of the third degree.

Section 14. The amendment of section 412.2 of the act shall apply to the district election officers of a county when any increase in compensation payable to an elected election officer is permitted in accordance with section 27 of Article III of the Constitution of Pennsylvania.

Section 15. Repeals are as follows:

(1) The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the amendment of section 204(h) of the act.

(2) The act of October 8, 2004 (P.L.830, No.98), entitled "An act providing for effect of standards adopted by the Voting Standards Development Board in the 2004 general election," is repealed.

Section 16. This act shall take effect as follows:

(1) The amendment of section 204(h) of the act shall take effect immediately.

(2) The amendment of section 412.2 of the act shall take effect January 1, 2007.

(3) Section 15 and this section shall take effect immediately.

(4) The remainder of this act shall take effect July 1, 2006.

APPROVED--The 12th day of May, A. D. 2006.

EDWARD G. RENDELL