PRIOR PRINTER'S NOS. 1492, 1885, 1887         PRINTER'S NO. 1913

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1090 Session of 2006


        INTRODUCED BY TARTAGLIONE, HUGHES, COSTA, FERLO, FONTANA, FUMO,
           KASUNIC, KITCHEN, LAVALLE, LOGAN, MELLOW, MUSTO, O'PAKE,
           STACK, STOUT, WASHINGTON, A. WILLIAMS, C. WILLIAMS, WOZNIAK,
           BOSCOLA, BROWNE, CONTI, PILEGGI, RAFFERTY AND TOMLINSON,
           JANUARY 31, 2006

        AS AMENDED ON THIRD CONSIDERATION, JUNE 22, 2006

                                     AN ACT

     1  Amending the act of January 17, 1968 (P.L.11, No.5), entitled
     2     "An act establishing a fixed minimum wage and overtime rates
     3     for employes, with certain exceptions; providing for minimum
     4     rates for learners and apprentices; creating a Minimum Wage
     5     Advisory Board and defining its powers and duties; conferring
     6     powers and imposing duties upon the Department of Labor and
     7     Industry; imposing duties on employers; and providing
     8     penalties," giving effect to Federal changes in wage rates;
     9     providing for preemption; and making editorial changes.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 3 of the act of January 17, 1968 (P.L.11,
    13  No.5), known as The Minimum Wage Act of 1968, amended December
    14  15, 1988 (P.L.1232, No.150), and December 21, 1998 (P.L.1290,
    15  No.168), is amended to read:
    16     Section 3.  Definitions.--As used in this act:
    17     (a)  "Secretary" means the Secretary of Labor and Industry.
    18     (b)  "Department" means the Department of Labor and Industry.
    19     (c)  "Board" means the Minimum Wage Advisory Board created by
    20  this act.

     1     (d)  "Wages" mean compensation due to any employe by reason
     2  of his or her employment, payable in legal tender of the United
     3  States or checks on banks convertible into cash on demand at
     4  full face value, subject to such deductions, charges or
     5  allowances as may be permitted by regulations of the secretary
     6  under section 9.
     7     "Wage" paid to any employe includes the reasonable cost, as
     8  determined by the secretary, to the employer for furnishing such
     9  employe with board, lodging, or other facilities, if such board,
    10  lodging, or other facilities are customarily furnished by such
    11  employer to his or her employes: Provided, That the cost of
    12  board, lodging, or other facilities shall not be included as a
    13  part of the wage paid to any employe to the extent it is
    14  excluded therefrom under the terms of a bona fide collective-
    15  bargaining agreement applicable to the particular employe:
    16  Provided, further, That the secretary is authorized to determine
    17  the fair value of such board, lodging, or other facilities for
    18  defined classes of employes and in defined areas, based on
    19  average cost to the employer or to groups of employers similarly
    20  situated, or average value to groups of employes, or other
    21  appropriate measures of fair value. Such evaluations, where
    22  applicable and pertinent, shall be used in lieu of actual
    23  measure of cost in determining the wage paid to any employe.
    24     In determining the hourly wage an employer is required to pay
    25  a tipped employe, the amount paid such employe by his or her
    26  employer shall be an amount equal to: (i) the cash wage paid the
    27  employe which for the purposes of the determination shall be not
    28  less than the cash wage required to be paid the employe on the
    29  date immediately prior to the effective date of this
    30  subparagraph; and (ii) an additional amount on account of the
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     1  tips received by the employe which is equal to the difference
     2  between the wage specified in subparagraph (i) and the wage in
     3  effect under section 4 of this act. The additional amount on
     4  account of tips may not exceed the value of tips actually
     5  received by the employe. The previous sentence shall not apply
     6  with respect to any tipped employe unless:
     7     (1)  Such employe has been informed by the employer of the
     8  provisions of this subsection;
     9     (2)  All tips received by such employe have been retained by
    10  the employe and shall not be surrendered to the employer to be
    11  used as wages to satisfy the requirement to pay the current
    12  hourly minimum rate in effect; where the gratuity is added to
    13  the charge made by the establishment, either by the management,
    14  or by the customer, the gratuity shall become the property of
    15  the employe; except that this subsection shall not be construed
    16  to prohibit the pooling of tips among employes who customarily
    17  and regularly receive tips.
    18     (e)  "Occupation" means any industry, trade, business,
    19  service, or employment or class or group thereof in which
    20  individuals are gainfully employed.
    21     (f)  "Employe" includes to suffer or to permit to work.
    22     (g)  "Employer" includes any individual, partnership,
    23  association, corporation, business trust, or any person or group
    24  of persons acting, directly or indirectly, in the interest of an
    25  employer in relation to any employe.
    26     (h)  "Employe" includes any individual employed by an
    27  employer.
    28     (i)  "Gratuities" means voluntary, monetary contributions
    29  received by an employe from a guest, patron or customer for
    30  services rendered.
    20060S1090B1913                  - 3 -     

     1     Section 2.  Section 4 of the act, amended December 10, 1974
     2  (P.L.916, No.303), July 1, 1978 (P.L.735, No.135), December 15,
     3  1988 (P.L.1232, No.150), and July 9, 1990 (P.L.348, No.79), is
     4  amended to read:
     5     Section 4.  Minimum Wages.--Except as may otherwise be
     6  provided under this act:
     7     (a)  Every employer shall pay to each of his or her employes
     8  wages for all hours worked at a rate of not less than:
     9     (1)  Two dollars sixty-five cents ($2.65) an hour upon the
    10  effective date of this amendment.
    11     (2)  Two dollars ninety cents ($2.90) an hour during the year
    12  beginning January 1, 1979.
    13     (3)  Three dollars ten cents ($3.10) an hour during the year
    14  beginning January 1, 1980.
    15     (4)  Three dollars thirty-five cents ($3.35) an hour after
    16  December 31, 1980.
    17     (5)  Three dollars seventy cents ($3.70) an hour beginning
    18  February 1, 1989[, and thereafter].
    19     (6)  Five dollars fifteen cents ($5.15) an hour beginning
    20  September 1, 1997.
    21     (7)  Six dollars thirty cents ($6.30) an hour beginning        <--
    22  January 1, 2007.
    23     (8)  Six dollars sixty-five cents ($6.65) an hour beginning
    24  January 1, 2008, and thereafter.
    25     (7)  SIX DOLLARS TWENTY-FIVE CENTS ($6.25) AN HOUR BEGINNING   <--
    26  JANUARY 1, 2007.
    27     (8)  SEVEN DOLLARS FIFTEEN CENTS ($7.15) AN HOUR BEGINNING
    28  JULY 1, 2007.
    29     (a.1)  If the minimum wage set forth in the Fair Labor
    30  Standards Act of 1938 (52 Stat. 1060, 29 U.S.C.  201 et seq.)
    20060S1090B1913                  - 4 -     

     1  is increased above [three dollars thirty-five cents ($3.35) an
     2  hour] the minimum wage required under this section, the minimum
     3  wage required under this section shall be increased by the same
     4  amounts and effective the same date as the increases under the
     5  Fair Labor Standards Act, and the provisions of subsection (a)
     6  are suspended to the extent they differ from those set forth
     7  under the Fair Labor Standards Act.
     8     (b)  The secretary, to the extent necessary to prevent
     9  curtailment of employment opportunities, shall by regulations
    10  provide for the employment of learners and students, under
    11  special certificates at wages lower than the minimum wage
    12  applicable under this section, and subject to such limitations
    13  as to number, proportion and length of service as the secretary
    14  shall prescribe: Provided, That the minimum wage prescribed
    15  under this subsection (b) shall not be less than eighty-five
    16  percent of the otherwise applicable wage rate in effect under
    17  section 4. A special certificate issued under this subsection
    18  shall provide that for six or less students for whom it is
    19  issued shall, except during vacation periods, be employed on a
    20  part-time basis and not in excess of twenty hours in any
    21  workweek at a sub-minimum rate.
    22     In the case of an employer who intends to employ seven or
    23  more students, at a sub-minimum rate, the secretary may issue a
    24  special certificate only if the employer certifies to the
    25  secretary that employment of such students will not create a
    26  substantial probability of reducing the full-time employment
    27  opportunities for other workers.
    28     (c)  Employes shall be paid for overtime not less than one
    29  and one-half times the employe's regular rate as prescribed in
    30  regulations promulgated by the secretary: Provided, That
    20060S1090B1913                  - 5 -     

     1  students employed in seasonal occupations as defined and
     2  delimited by regulations promulgated by the secretary may, by
     3  such regulations, be excluded from the overtime provisions of
     4  this act: And provided further, That the secretary shall
     5  promulgate regulations with respect to overtime subject to the
     6  limitations that no pay for overtime in addition to the regular
     7  rate shall be required except for hours in excess of forty hours
     8  in a workweek.
     9     (d)  An employe whose earning capacity is impaired by
    10  physical or mental deficiency or injury may be paid less than
    11  the applicable minimum wage if either a license specifying a
    12  wage rate commensurate with the employe's productive capacity
    13  has been obtained by the employer from the secretary or a
    14  Federal certificate is obtained under section 14(c) of the Fair
    15  Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C.  201 et
    16  seq.). A license obtained from the secretary shall be granted
    17  only upon joint application of employer and employe.
    18     (e)  Notwithstanding the provisions of subsection (a)(7) and   <--
    19  (8), the minimum wage set forth in subsection (a)(6) shall apply
    20  to minors subject to the act of May 13, 1915 (P.L.286, No.177),
    21  known as the "Child Labor Law," except those minors described in
    22  section 7.2 of the "Child Labor Law," who shall receive 85% of
    23  the minimum wage under subsection (a)(7) and (8).
    24     (E)  IN LIEU OF THE MINIMUM WAGE PRESCRIBED IN SUBSECTION (A)  <--
    25  AND NOTWITHSTANDING SUBSECTIONS (B) AND (D), AN EMPLOYER MAY,
    26  DURING THE FIRST SIXTY CALENDAR DAYS WHEN AN EMPLOYE UNDER THE
    27  AGE OF TWENTY YEARS IS INITIALLY EMPLOYED, PAY THE EMPLOYE
    28  TRAINING WAGES AT A RATE OF NOT LESS THAN THE MINIMUM WAGE SET
    29  FORTH IN SECTION 6(A) OF THE FAIR LABOR STANDARDS ACT (29 U.S.C.
    30   206(A)). A PERSON EMPLOYED AT THE TRAINING WAGE UNDER THIS
    20060S1090B1913                  - 6 -     

     1  SUBSECTION SHALL BE INFORMED OF THE AMOUNT OF THE TRAINING WAGE
     2  AND THE RIGHT TO RECEIVE THE FULL MINIMUM WAGE, OR A HIGHER
     3  WAGE, UPON COMPLETION OF THE TRAINING PERIOD. NO EMPLOYER MAY
     4  TAKE ANY ACTION TO DISPLACE EXISTING EMPLOYES, INCLUDING PARTIAL
     5  DISPLACEMENTS SUCH AS REDUCTION IN THE HOURS, WAGES OR
     6  EMPLOYMENT BENEFITS OF EXISTING EMPLOYES, FOR PURPOSES OF HIRING
     7  INDIVIDUALS AT THE TRAINING WAGE AUTHORIZED BY THIS SUBSECTION.
     8     Section 3.  Section 5 of the act, amended December 10, 1974
     9  (P.L.916, No.303), July 1, 1978 (P.L.735, No.135), December 15,
    10  1988 (P.L.1232, No.150), and July 9, 1990 (P.L.348, No.79), is
    11  amended to read:
    12     Section 5.  Exemptions.--(a)  Employment in the following
    13  classifications shall be exempt from both the minimum wage and
    14  overtime provisions of this act:
    15     (1)  Labor on a farm;
    16     (2)  Domestic services in or about the private home of the
    17  employer;
    18     (3)  Delivery of newspapers to the consumer;
    19     (4)  In connection with the publication of any weekly,
    20  semiweekly, or daily newspaper with a circulation of less than
    21  four thousand, the major part of which circulation is within the
    22  county where published or counties contiguous thereto;
    23     (5)  In a bona fide executive, administrative, or
    24  professional capacity (including any employe employed in the
    25  capacity of academic administrative personnel or teacher in
    26  elementary or secondary schools) or in the capacity of outside
    27  salesman (as such terms are defined and delimited from time to
    28  time by regulations of the secretary, except that an employe of
    29  a retail or service establishment shall not be excluded from the
    30  definition of employe employed in a bona fide executive or
    20060S1090B1913                  - 7 -     

     1  administrative capacity because of the number of hours in his or
     2  her workweek which he or she devotes to activities not directly
     3  or closely related to the performance of executive
     4  administrative activities, if less than forty percent of his or
     5  her hours worked in the workweek are devoted to such
     6  activities);
     7     (6)  In the activities of an educational, charitable,
     8  religious or nonprofit organization where the employer-employe
     9  relationship does not in fact exist or where the services are
    10  rendered to such organization gratuitously;
    11     (7)  In seasonal employment, if the employe is under eighteen
    12  years of age, or if a student under twenty-four years of age, by
    13  a nonprofit health or welfare agency engaged in activities
    14  dealing with handicapped or exceptional children or by a
    15  nonprofit day or resident seasonal recreational camp for campers
    16  under the age of eighteen years, which operates for a period of
    17  less than three months in any one year;
    18     (9)  In employment by an establishment which is a public
    19  amusement or recreational establishment, organized camp, or
    20  religious or nonprofit educational conference center, if (i) it
    21  does not operate for more than seven months in any calendar
    22  year, or (ii) during the preceding calendar year, its average
    23  receipts for any six months of such year were not more than
    24  thirty-three and one-third percent of its average receipts for
    25  the other six months of such year;
    26     (10)  Golf caddy;
    27     (11)  In employment as a switchboard operator employed by an
    28  independently owned public telephone company which has not more
    29  than seven hundred and fifty stations;
    30     (12)  Employes not subject to civil service laws who hold
    20060S1090B1913                  - 8 -     

     1  elective office or are on the personal staff of such an
     2  officeholder, are immediate advisers to him or her, or are
     3  appointed by him or her to serve on a policy-making level.
     4     (b)  Employment in the following classifications shall be
     5  exempt from the overtime provisions of this act:
     6     (1)  Seaman;
     7     (2)  Any salesman, partsman, or mechanic primarily engaged in
     8  selling and servicing automobiles, trailers, trucks, farm
     9  implements, or aircraft if employed by a nonmanufacturing
    10  establishment primarily engaged in the business of selling such
    11  vehicles to ultimate purchasers;
    12     (3)  Any driver employed by an employer engaged in the
    13  business of operating taxicabs;
    14     (4)  Any employe employed as an announcer, news editor, or
    15  chief engineer by a radio or television station, the major
    16  studio of which is located (i) in a city or town of one hundred
    17  thousand population or less, according to the latest available
    18  decennial census figures as compiled by the Bureau of the
    19  Census, except where such city or town is part of a standard
    20  metropolitan statistical area, as defined and designated by the
    21  Bureau of the Budget, which has a total population in excess of
    22  one hundred thousand, or (ii) in a city or town of twenty-five
    23  thousand population or less, which is part of such an area but
    24  is at least forty airline miles from the principal city in such
    25  area;
    26     (5)  Any employe engaged in the processing of maple sap into
    27  sugar (other than refined sugar) or syrup;
    28     (6)  Employment by an establishment which is a motion picture
    29  theatre;
    30     (7)  Any employe of a motor carrier with respect to whom the
    20060S1090B1913                  - 9 -     

     1  Federal Secretary of Transportation has power to establish
     2  qualifications and maximum hours of service under 49 U.S.C. 
     3  3102(b)(1) and (2) (relating to requirements for qualifications,
     4  hours of service, safety and equipment standards).
     5     (c)  An employer whose annual gross payroll is less than five  <--
     6  hundred thousand dollars ($500,000) shall pay 85% of the minimum
     7  wage under section 4(a)(7) and (8), unless otherwise exempt from
     8  the minimum wage provisions of section 4(a)(6), such employer
     9  shall pay the minimum wage set forth under section 4(a)(6).
    10     (C)  (1)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A)(7)  <--
    11  AND (8), AN EMPLOYER UNLESS OTHERWISE EXEMPT FROM THE MINIMUM
    12  WAGE PROVISIONS OF SECTION 4(A)(6) WHOSE EMPLOYE COMPLEMENT IS
    13  COMPOSED OF THE EQUIVALENT OF TEN FULL-TIME EMPLOYES TO BE
    14  CALCULATED ON A FORTY-HOUR WORKWEEK SHALL PAY:
    15     (I)  FIVE DOLLARS SIXTY-FIVE CENTS ($5.65) AN HOUR BEGINNING
    16  JANUARY 1, 2007.
    17     (II)  SIX DOLLARS SIXTY-FIVE CENTS ($6.65) AN HOUR BEGINNING
    18  JULY 1, 2007.
    19     (2)  SUCH EMPLOYER SHALL PAY THE FULL AMOUNT OF THE MINIMUM
    20  WAGE UNDER SECTION 4(A)(8) BEGINNING JULY 1, 2008.
    21     Section 4.  Sections 6, 7, 8 and 9 of the act are amended to
    22  read:
    23     Section 6.  Minimum Wage Advisory Board.--(a)  There is
    24  hereby created in the Department of Labor and Industry a Minimum
    25  Wage Advisory Board consisting of nine members to be appointed
    26  by the secretary to assist him or her in carrying out his or her
    27  duties under this act, and for the purpose of conducting public
    28  hearings at the request of the secretary in order to recommend
    29  rules and regulations for the occupations covered within this
    30  act.
    20060S1090B1913                 - 10 -     

     1     (b)  Of the nine members, three shall be representatives of
     2  an established recognized association of labor organizations,
     3  three shall be representatives of an established recognized
     4  association of employers and three shall be members from the
     5  general public. The Secretary of Labor and Industry or his or
     6  her designated representative shall be chairman of the board.
     7     (c)  Each member of the board shall receive compensation of
     8  thirty dollars ($30) per day plus necessary expenses, for each
     9  day actually spent in the performance of his or her duties. No
    10  employe of the Commonwealth shall receive any additional
    11  compensation or expenses on account of his or her services under
    12  this act.
    13     (d)  At least ten days' public notice shall be given in the
    14  manner prescribed by the board prior to any public hearing of
    15  the board. Five members of the board shall constitute a quorum.
    16     (e)  The board shall have the power and duty to:
    17     (1)  consult with the secretary concerning any matter arising
    18  under the administration of this act and advise and assist him
    19  or her in carrying out the duties prescribed for him or her by
    20  section 8 of this act;
    21     (2)  conduct public hearings at the request of the secretary
    22  in order to develop rules and regulations in accordance with
    23  section 9 of this act, in which hearings due process of law
    24  shall be observed and any person may appear and be heard or file
    25  statements in support of his or her position;
    26     (3)  the board shall submit its report including
    27  recommendations for the promulgation of rules and regulations to
    28  the secretary, who shall within thirty days thereafter accept
    29  such report or refer it to the board for further consideration
    30  and consultation. If the report is referred to the board for
    20060S1090B1913                 - 11 -     

     1  further consideration, the secretary shall, in consultation with
     2  the board, modify, amend, or otherwise act upon such report
     3  within sixty days thereafter. Rules and regulations developed
     4  and promulgated hereunder shall be published and any person
     5  aggrieved thereby, shall have a right of review as set forth in
     6  section 10 of this act.
     7     Section 7.  Investigations.--(a)  The secretary or his or her
     8  representative shall have authority to investigate and ascertain

     9  the wages of persons employed in any occupation in the
    10  Commonwealth; enter and inspect the place of business or
    11  employment of any employer of employes in any occupation in the
    12  Commonwealth at any reasonable time, for the purpose of
    13  examining and inspecting any records of any such employer that
    14  in any way relate to wages, hours, or other conditions of
    15  employment of any such employes; copy any or all of such records
    16  as [he] the secretary or [his] an authorized representative may
    17  deem necessary or appropriate; require from such employer full
    18  and accurate statements in writing, at such times as the
    19  secretary may deem necessary, of the wages paid to all employes
    20  in his or her employment; and interrogate such persons for the
    21  purpose of ascertaining whether the provisions of this act and
    22  the regulations issued thereunder have been and are being
    23  complied with.
    24     Section 8.  Duty of Employer.--Every employer of employes
    25  shall keep a true and accurate record of the hours worked by
    26  each employe and the wages paid to each, and shall furnish to
    27  the secretary or his or her duly authorized representative, upon
    28  demand, a sworn statement of the same. Such records shall be
    29  open to inspection by any duly authorized representative of the
    30  secretary at any reasonable time and shall be preserved for a
    20060S1090B1913                 - 12 -     

     1  period of three years. Every employer subject to this act shall
     2  keep a summary of this act and any regulations issued thereunder
     3  applicable to him or her, posted in a conspicuous place where
     4  employes normally pass and can read it. Employers shall, upon
     5  request, be furnished copies of such summaries without charge.
     6  Employers shall permit any duly authorized representative of the
     7  secretary to interrogate any employe in the place of employment
     8  and during work hours with respect to the wages paid to and the
     9  hours worked by such employe or other employes.
    10     Section 9.  Enforcement; Rules and Regulations.--The
    11  secretary shall enforce this act. [He] The secretary shall make
    12  and, from time to time, revise regulations, with the assistance
    13  of the board, when requested by [him] the secretary, which shall
    14  be deemed appropriate to carry out the purposes of this act and
    15  to safeguard the minimum wage rates thereby established. Such
    16  regulations may include, but are not limited to, regulations
    17  defining and governing bona fide executive, administrative, or
    18  professional employes and outside [salesmen] sales persons,
    19  learners and apprentices, their number, proportion, length of
    20  learning period, and other working conditions; handicapped
    21  workers; part-time pay; overtime standards; bonuses; allowances
    22  for board, lodging, apparel, or other facilities or services
    23  customarily furnished by employers to employes; allowances for
    24  gratuities; or allowances for such other special conditions or
    25  circumstances which may be incidental to a particular employer-
    26  employe relationship.
    27     Section 5.  Section 12 of the act, amended December 10, 1974
    28  (P.L.916, No.303), is amended to read:
    29     Section 12.  Penalties.--(a)  Any employer and his or her
    30  agent, or the officer or agent of any corporation, who
    20060S1090B1913                 - 13 -     

     1  discharges or in any other manner discriminates against any
     2  employe because such employe has testified or is about to
     3  testify before the secretary or his or her representative in any
     4  investigation or proceeding under or related to this act, or
     5  because such employer believes that said employe may so testify
     6  shall, upon conviction thereof in a summary proceeding, be
     7  sentenced to pay a fine of not less than five hundred dollars
     8  ($500) nor more than one thousand dollars ($1,000), and in
     9  default of the payment of such fine and costs, shall be
    10  sentenced to imprisonment for not less than ten days nor more
    11  than ninety days.
    12     (b)  Any employer or the officer or agent of any corporation
    13  who pays or agrees to pay any employe less than the rates
    14  applicable to such employe under this act shall, upon conviction
    15  thereof in a summary proceeding, be sentenced to pay a fine of
    16  not less than seventy-five dollars ($75) nor more than three
    17  hundred dollars ($300) or to undergo imprisonment of not less
    18  than ten nor more than sixty days, or both. Each week in which
    19  such employe is paid less than the rate applicable to him or her
    20  under this act and for each employe who is paid less than the
    21  prescribed rate, a separate offense shall be deemed to occur.
    22  Any agreement between the employer and the employe to work for
    23  less than the applicable wage rate shall be no defense to action
    24  by the Commonwealth under this section.
    25     (c)  Any employer or the officer or agent of any corporation
    26  who violates any other provision of this act or of any
    27  regulation issued thereunder shall, upon conviction thereof in a
    28  summary proceeding, be sentenced to pay a fine of not less than
    29  one hundred dollars ($100) nor more than five hundred dollars
    30  ($500), and each day of such failure to comply with this act or
    20060S1090B1913                 - 14 -     

     1  regulation, shall constitute a separate offense.
     2     Section 6.  The act is amended by adding a section to read:
     3     Section 14.1.  Preemption.--(a)  Except as set forth in
     4  subsection (b), this act shall preempt and supersede any local
     5  ordinance or rule concerning the subject matter of this act.
     6     (b)  This section does not prohibit local regulation pursuant
     7  to an ordinance which was adopted by a municipality prior to
     8  January 1, 2006, and which remained in effect on January 1,
     9  2006.
    10     Section 7.  This act shall take effect in 60 days.             <--
    11     SECTION 7.  ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR    <--
    12  AS THEY ARE INCONSISTENT WITH THE ADDITION OF SECTION 14.1 OF
    13  THE ACT.
    14     SECTION 8.  THIS ACT SHALL APPLY AS FOLLOWS:
    15         (1)  THE ADDITION OF SECTION 14.1 OF THE ACT SHALL NOT
    16     INVALIDATE ANY ORDINANCE, CHARTER PROVISION, RESOLUTION, RULE
    17     OR REGULATION IN EFFECT ON THE EFFECTIVE DATE OF THIS
    18     SECTION.
    19         (2)  THE FOLLOWING PROVISIONS SHALL APPLY TO CONTRACTS
    20     ENTERED INTO OR RENEWED ON OR AFTER THE EFFECTIVE DATE OF
    21     THIS SECTION:
    22             (I)  THE ADDITION OF SECTION 14.1 OF THE ACT.
    23             (II)  SECTION 7 OF THIS ACT.
    24     SECTION 9.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.




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