SENATE AMENDED PRIOR PRINTER'S NOS. 884, 2457, 2568, PRINTER'S NO. 2800 2610, 2616, 2670
No. 784 Session of 1985
INTRODUCED BY BARBER, MANDERINO, PIEVSKY, LAUGHLIN, TRELLO, OLIVER, COLE, HUTCHINSON, GEORGE, HARPER, SALOOM, WIGGINS, PETRARCA, FRYER, RYBAK, MORRIS, FREEMAN, MRKONIC, PRATT, RICHARDSON, F. E. TAYLOR, MANMILLER, MICOZZIE, CIVERA, RAYMOND, DURHAM, LUCYK, ARTY, FREIND, KOSINSKI, BELARDI, CAWLEY, TIGUE, KUKOVICH, GRUITZA, DORR, HAYES, RYAN, WILSON AND E. Z. TAYLOR, MARCH 26, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JANUARY 28, 1986
AN ACT 1 Amending the act of June 25, 1982 (P.L.633, No.181), entitled <-- 2 "An act providing for independent oversight and review of 3 regulations, creating an Independent Regulatory Review 4 Commission, providing for its powers and duties, making 5 repeals and making an appropriation," further providing for 6 agency submissions of rulemaking and for time periods for 7 review of rulemaking; and making editorial changes. 8 AMENDING REENACTING AND AMENDING THE ACT OF JUNE 25, 1982 <-- 9 (P.L.633, NO.181), ENTITLED "AN ACT PROVIDING FOR INDEPENDENT 10 OVERSIGHT AND REVIEW OF REGULATIONS, CREATING AN INDEPENDENT 11 REGULATORY REVIEW COMMISSION, PROVIDING FOR ITS POWERS AND 12 DUTIES, MAKING REPEALS AND MAKING AN APPROPRIATION," 13 EXTENDING THE EXPIRATION DATE OF THE ACT CONTINUING THE <-- 14 EXISTENCE OF THE COMMISSION. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Section 2 of the act of June 25, 1982 (P.L.633, <-- 18 No.181), known as the Regulatory Review Act, is amended to read: 19 Section 2. Legislative intent. 20 The General Assembly has enacted a large number of statutes
1 conferring on boards, commissions, departments and other 2 agencies of the executive branch of government the authority to 3 adopt rules and regulations to supplement and implement those 4 statutes. The General Assembly has found that this delegation of 5 its authority has resulted in regulations being promulgated 6 without effective review concerning cost benefits, duplication, 7 inflationary impact and conformity to legislative intent. The 8 General Assembly finds that it must provide a procedure for 9 oversight and review of regulations adopted pursuant to this 10 delegation of legislative power to curtail excessive regulation 11 and to establish a system of accountability so that the 12 bureaucracy must justify its use of the regulatory authority 13 before imposing hidden costs upon the economy of Pennsylvania. 14 It is the intent of this act to establish a method for 15 continuing and effective review, accountability and oversight. 16 It is the further intent of this act to provide for primary 17 review by a commission with sufficient authority, expertise, 18 independence and time to perform that responsibility. It is the 19 further intent of this act to provide ultimate review by the 20 General Assembly of those regulations which may be contrary to 21 the public interest or to legislative intent. To facilitate 22 conformity to legislative intent the commission should attempt 23 to enhance communication between the commission and the standing 24 committees of the General Assembly. This act is intended to 25 provide a method of oversight and review of regulations issued 26 by executive agencies to assist the Governor and the General 27 Assembly in their supervisory and oversight functions and it is 28 not intended to create any right or benefit, substantive or 29 procedural, enforceable at law by a party against the 30 Commonwealth, its agencies, officers or any person. 19850H0784B2800 - 2 -
1 Section 2. Sections 4, 5, 6, 7, 9 and 15 of the act, amended 2 December 9, 1982 (P.L.1023, No.238), are amended to read: 3 Section 4. Creation of commission; membership, compensation; 4 vacancies; removal. 5 (a) The Independent Regulatory Review Commission shall 6 consist of five members to be known as commissioners. One member 7 of the commission shall be appointed by the Governor to serve at 8 his pleasure, one by the President pro tempore of the Senate, 9 one by the Speaker of the House of Representatives, one by the 10 Minority Leader of the Senate and one by the Minority Leader of 11 the House of Representatives. No member of the General Assembly 12 or any other officer or employee of State Government shall serve 13 as a member of the commission. 14 (b) Of the original members, the two members appointed by 15 the Speaker of the House and the Minority Leader of the House of 16 Representatives respectively shall serve for an initial term of 17 two years and the two members appointed by the President pro 18 tempore of the Senate and the Minority Leader of the Senate 19 respectively shall serve for an initial term of three years. 20 Thereafter each appointment provided for by this act shall be 21 for a term of three years and such appointments shall be made in 22 the same manner as the original appointments. 23 (c) All vacancies shall be filled, for the remainder of the 24 unexpired term, in the same manner as original appointments. Any 25 commissioner, upon the expiration of his term, shall continue to 26 hold office until his successor shall be appointed. 27 (d) The commissioners shall receive $125 per day as 28 compensation for their services. The commissioners shall also be 29 entitled to reimbursement for travel and other necessary 30 expenses incurred as a result of their duties as members of the 19850H0784B2800 - 3 -
1 commission. The expenses incurred by the commissioners, or by 2 any employees of the commission, shall be allowed and paid on 3 the presentation of itemized vouchers therefor, which vouchers 4 shall be subject to the approval of the commission. 5 (e) Except as authorized pursuant to this section and except 6 for the Governor's appointee who shall serve at his pleasure, no 7 commissioner may be removed from office during his term. The 8 Governor may, with the approval of two-thirds of the members of 9 the Senate, upon a clear and convincing evidence of misfeasance 10 or malfeasance in office or neglect of duty, remove a 11 commissioner prior to the expiration of the term. The Governor 12 shall provide the commissioner so removed with a detailed 13 written statement of the reasons for his removal. 14 (f) Any member of the commission formally charged before a 15 court of record with the commission of a felony shall 16 immediately be suspended as a member of the commission until the 17 charge is dismissed or a verdict of acquittal is announced. If 18 any commission member shall be convicted of a felony, then that 19 commissioner's membership shall become vacant automatically upon 20 announcement of the verdict by a trial court or upon acceptance 21 of a plea of guilty or nolo contendere. No commission member 22 shall participate in deliberations regarding any regulation in 23 which he, or any member of his family, has a financial interest. 24 (g) Within 60 days following the appointment of a quorum of 25 the commission, the Governor shall convene an organization 26 meeting of the commission and the Governor or his designee shall 27 preside at such meeting until a chairman shall be elected. 28 (h) A chairman shall be elected by the commission who shall 29 serve for a term of two years and until his successors shall be 30 elected. The chairman shall preside at meetings of the 19850H0784B2800 - 4 -
1 commission and shall execute documents relating to the formal 2 actions of the commission. 3 (i) The commission shall meet at least twice a month at such 4 times and places as shall be set by the chairman. A commissioner 5 who fails to attend three consecutive meetings without cause 6 shall be removed as a commissioner by the authority appointing 7 the commissioner. 8 (j) Each member of the commission shall be equally 9 independent of each other. The commission may not establish any 10 rules governing conduct of a commissioner which unduly impairs, 11 inhibits or prevents the execution of the business of the 12 commission. Dissenting opinions should be noted along with the 13 final disposition of the matter. 14 Section 5. Proposed regulation; criteria for review, existing 15 regulations. 16 (a) For proposed regulations, submitted after the effective 17 date of this section, at the same time that proposed regulations 18 [and any changes thereto] are submitted to the Legislative 19 Reference Bureau for publication of notice of proposed 20 rulemaking in the Pennsylvania Bulletin as required by the act 21 of July 31, 1968 (P.L.769, No.240), referred to as the 22 Commonwealth Documents Law, the agency proposing the regulation 23 shall forward a copy of such proposal to the commission and the 24 designated standing committee of each House of the General 25 Assembly and additional information including but not limited to 26 the following: 27 (1) The name of the agency proposing the regulation and 28 a statement of the statutory or other authority under which 29 the regulation or change is proposed and if such regulation 30 or change is proposed to implement the requirements of 19850H0784B2800 - 5 -
1 Federal statute or Federal regulation, such Federal statute 2 or regulation shall be cited with specificity. 3 (2) A brief explanation of the proposed regulation or 4 change. 5 (3) A statement of the need for the regulation or 6 change. 7 (4) Estimates of the direct cost to the Commonwealth and 8 direct and indirect cost to its political subdivisions and 9 indirect cost to the private sector. Insofar as the proposal 10 relates to direct cost to the Commonwealth, the agency may 11 submit in lieu of its own statement the fiscal note prepared 12 by the Office of the Budget pursuant to section 612 of the 13 act of April 9, 1929 (P.L.177, No.175), known as "The 14 Administrative Code of 1929." 15 (5) A statement of legal, accounting or consultant 16 procedures which may be required for implementation of the 17 regulation by those affected by it. 18 (6) A statement of any additional reporting, 19 recordkeeping or other paperwork required by the proposed 20 regulations including copies of any forms or reports which 21 will be required in the implementation of the proposed 22 regulation. 23 (7) An outline of conformance and relevant dates 24 including dates by which comments must be received, copies of 25 comments received as a result of the proposed regulation 26 being published in the Pennsylvania Bulletin, dates of 27 proposed public hearings, the effective date of final 28 regulations, date by which compliance with the proposed 29 regulations will be required, including the date by which any 30 required permits, licenses or other approvals must be 19850H0784B2800 - 6 -
1 obtained. 2 (8) The name of the author or authors of the regulation 3 with their office address and phone numbers included. 4 (9) An identification of the types of persons, 5 businesses and organizations which would be affected by the 6 regulation. 7 (10) Identification of any other regulations which would 8 be affected by the regulation. 9 The requirements of this section shall not diminish the Notice 10 of Proposed Rule Making requirements of the Commonwealth 11 Documents Law but the information required by this section may 12 be included in the Notice of Proposed Rule Making requirement 13 for publication in the Pennsylvania Bulletin in lieu of the 14 information required by paragraphs (2) and (3) of section 201 of 15 the Commonwealth Documents Law. The commission may waive an 16 information requirement of this section for a proposed 17 regulation when any specific requirement is deemed by the 18 commission to be unnecessary or inappropriate. 19 (b) In addition to the requirements of subsection (a), for 20 regulations which impose fiscal impacts on the public sector, 21 private sector, or both of over $1,000,000, in any year, or 22 which impose other major impacts as determined by the 23 commission, the agency proposing the regulation shall forward at 24 the request of the commission a written regulatory analysis. 25 Such regulatory analysis shall state: 26 (1) the financial, economic and social impacts of the 27 regulation on individuals, business and labor communities or 28 other public and private organizations. When practicable, an 29 evaluation of the benefits expected as a result of the 30 regulation should be included; 19850H0784B2800 - 7 -
1 (2) that alternative approaches have been considered and 2 the least burdensome acceptable alternative has been 3 selected; 4 (3) that, in arriving at the acceptable alternative, 5 consideration was given to minimizing new reporting, 6 accounting and legal requirements; 7 (4) that a plan for the evaluation of the effectiveness 8 of the regulation after its issuance has been developed; and 9 (5) the manner in which, when it is lawful, desirable 10 and feasible, special provisions have been developed to meet 11 the particular needs of affected groups and persons 12 including, but not limited to: minorities, elderly, small 13 businesses and farmers. 14 (c) The standing committee shall, within 20 calendar days 15 from the [day it receives] date the proposed regulation is 16 published in the Pennsylvania Bulletin, approve or [recommend 17 disapproval to the commission.] disapprove the proposed 18 regulation. The standing committee shall notify the commission 19 of approval or disapproval. Failure of both standing committees 20 to [recommend disapproval of any such] disapprove a regulation 21 within the 20 calendar days shall constitute approval thereof. 22 Along with a notification of approval or disapproval the 23 committee shall convey a report which includes: 24 (1) A copy of the proposed regulation. 25 (2) A summary of the objections of the committee, if 26 any, stating the reasons why the committee has found the 27 proposed regulation unacceptable, and a copy of any staff 28 reports deemed pertinent by the committee. 29 In the event the standing committees are prevented from 30 completing their 20-day review because of expiration of the 19850H0784B2800 - 8 -
1 legislative session in even-numbered years, consideration of the 2 proposed regulation shall be automatically suspended until the 3 [first day] fourth Monday in January of the next succeeding 4 session of the General Assembly. On that date, the agency shall 5 resubmit the proposed regulation to the designated standing 6 committee of each chamber, or its successor committee, and to 7 the commission. The standing committees, or their successor 8 committees, shall have 20 calendar days and the commission shall 9 have 30 calendar days from [receipt of] the date the proposed 10 regulation is published in the Pennsylvania Bulletin to review 11 such regulation. In computing the 20-day committee review period 12 and the 30-day commission review period, the number of days in 13 which the proposed regulation had been under review by the 14 standing committees and by the commission as of the expiration 15 of the prior session shall be subtracted from the 20-day 16 committee and the 30-day commission review periods, 17 respectively. Failure of the agency to resubmit the proposed 18 regulation on the [first day] fourth Monday in January of the 19 next succeeding session shall constitute withdrawal thereof. No 20 proposed regulation shall be submitted to the commission or the 21 standing committees for review during the period from the end of 22 the legislative session of even-numbered years to the first day 23 of the next succeeding legislative session, but emergency 24 regulations may be adopted pursuant to the provisions of section 25 6(b). 26 (d) In order to ascertain whether a proposed regulation is 27 in the public interest, the commission shall consider the 28 following criteria in the review of any proposed regulation: 29 (1) Conformity to the statutory authority of the agency. 30 (2) Consistency with the legislative intent of the act 19850H0784B2800 - 9 -
1 which the regulation is designed to implement. 2 (3) Possible adverse effects on prices of goods and 3 services, productivity or competition. 4 (4) Whether the regulation represents a policy decision 5 of such substantial nature that it requires a legislative 6 review. 7 (5) Direct costs to the Commonwealth, direct and 8 indirect cost to political subdivisions and indirect cost to 9 the private sector. 10 (6) Reasonableness of requirements, implementation 11 procedures and timetable for the public and private sectors. 12 (7) The nature of any reports, forms or other paperwork 13 and the estimated cost of their preparation by individuals, 14 businesses and organizations in the private and public sector 15 where such reports would be required. 16 (8) Possible conflict with or duplication of statutes or 17 other existing regulations. 18 (9) The nature and estimated cost of any legal, 19 consulting or accounting services which the private or public 20 sector would incur. 21 (10) The impact on the public interest of exempting or 22 setting lesser standards of compliance for individuals or 23 small businesses when it is lawful, desirable and feasible to 24 do so. 25 (11) Clarity and lack of ambiguity. 26 (12) Need for the rule or regulation. 27 (13) Approval or disapproval by the designated standing 28 committee of the House of Representatives or the Senate. 29 (e) Regulations for which notice of proposed [making] 30 rulemaking is omitted pursuant to section 204 of the 19850H0784B2800 - 10 -
1 Commonwealth Documents Law and regulations which the agency 2 intends to submit for final publication with modifications from 3 the initial text as published under section 201 of the 4 Commonwealth Documents Law shall be submitted to the commission 5 and the designated standing committees for review in the same 6 fashion as proposed regulations at the same time that the 7 regulations are submitted to the Attorney General for review as 8 provided in the Commonwealth Attorneys Act. For regulations 9 which are adopted containing modifications to the proposed text 10 as published, the time period set forth in subsection (c) shall 11 begin to run from the date the standing committee receives the 12 modification. No final order adopting such regulation shall be 13 published until completion of review pursuant to this act. 14 (f) The agency which proposes the regulation shall forward 15 to the commission within two days of receipt, a copy of any 16 comments received by the agency which refers to the proposed 17 regulation. 18 (g) The commission, either on its motion or on the request 19 of any individual, agency, corporation, member of the General 20 Assembly or any other entity which may be affected by a 21 regulation, may also review any existing regulation or 22 administrative procedure. Whenever a committee of the Senate or 23 the House of Representatives shall request a review of a 24 regulation, the commission shall make such review and shall 25 assign it high priority. The commission may submit 26 recommendations to any agency recommending changes in existing 27 regulations where it finds the existing regulations or 28 administrative procedure to be contrary to the public interest 29 under the criteria established in this section. The commission 30 may also make recommendations to the General Assembly and the 19850H0784B2800 - 11 -
1 Governor for statutory changes whenever it finds that any 2 existing regulation or procedure may be contrary to the public 3 interest. 4 Section 6. Procedures for commission consideration and agency 5 review. 6 (a) Whenever the commission shall find that a proposed 7 regulation submitted to the Legislative Reference Bureau for 8 publication of notice of proposed rulemaking in the Pennsylvania 9 Bulletin or that a regulation for which notice of proposed 10 rulemaking is omitted pursuant to section 204 of the act of July 11 31, 1968 (P.L.769, No.240), referred to as the Commonwealth 12 Documents Law, or a regulation which the agency intends to 13 submit for final publication with modifications from the initial 14 text as published under section 201 of the Commonwealth 15 Documents Law submitted to the Attorney General for review prior 16 to publication [without notice pursuant to section 204 of the 17 Commonwealth Documents Law,] may be contrary to the public 18 interest under the criteria set forth in section 5, the 19 commission shall notify the agency promulgating such regulation 20 of its finding. Such notification shall set forth the 21 commission's objections in reasonable detail. The agency shall 22 review the commission's finding and not later than two weeks 23 following the notification unless the commission grants extended 24 time to comment shall respond to the commission as to whether or 25 not the proposed regulation will be withdrawn [or], revised or 26 returned in its original form with added justification or 27 documentation by the agency. If the commission does not notify 28 the agency of any objection within 30 days of publication, in 29 the case of proposed rulemaking, or within 30 days of receipt 30 [under section 5], in the case of omission of proposed 19850H0784B2800 - 12 -
1 rulemaking or in the case of modifications to the proposed text 2 as published, the agency may proceed to promulgate the 3 regulation as provided in the [act of July 31, 1968 (P.L.769, 4 No.240), referred to as the] Commonwealth Documents Law. 5 (b) The commission may, when notifying an agency of its 6 objections pursuant to subsection (a) or at any time following 7 such notification but prior to publication of a final order 8 adopting a regulation, issue an order barring the publication of 9 a final order adopting a regulation pending subsequent review of 10 the regulation in the manner provided in section 7. The 11 commission may not however issue an order against a proposed 12 regulation to the extent that the Attorney General certifies 13 that proposed regulation is required pursuant to the decree of 14 any court or to implement the provisions of a statute of the 15 United States or regulations issued thereunder by a Federal 16 agency nor shall the commission issue an order against a 17 proposed regulation when such regulation is transmitted with the 18 certification of the Governor that it is required to meet an 19 emergency which shall include but not be limited to conditions 20 which may cause a significant budget deficit or create need for 21 supplemental or deficiency appropriations. In such case, the 22 regulation can take effect for up to 120 days but after that 23 time may be suspended by the commission unless it has been 24 approved by the General Assembly under the procedures contained 25 in section 7(b). 26 (c) Whenever a designated standing committee of the House of 27 Representatives or the Senate has notified the commission of its 28 disapproval and the commission approves the proposed regulation, 29 the commission shall notify the said designated standing 30 committee of such approval. 19850H0784B2800 - 13 -
1 Section 7. Procedures and subsequent review. 2 (a) If the commission determines after reviewing an agency's 3 response that the agency still intends to implement such 4 regulation, the commission shall, [within seven days of] at its 5 next public meeting following receipt of an agency's response to 6 its objections or, if its next public meeting is less than seven 7 days from the date of receipt, at its second public meeting 8 following receipt of an agency's response to its objections, 9 either approve the regulations or, if the commission believes 10 that said regulation would be contrary to the public interest as 11 determined under section 5, notify the Governor, who shall 12 within 45 days review the proposed regulation and the commission 13 findings. Failure of the commission to notify the Governor of 14 its continued objections to a proposed regulation [within seven 15 days] by its next public meeting following receipt of an 16 agency's response or, if its next public meeting is less than 17 seven days from the date of receipt, at its second public 18 meeting following receipt of an agency's response shall 19 constitute approval thereof. Within seven days of an agency's 20 response, the commission may continue an order barring 21 publication of a final order adopting a regulation, issue such 22 an order if none was previously issued, or withdraw its order. 23 (b) If the Governor and the agency determine that it is 24 desirable to implement the proposed regulation without 25 revisions, the Governor shall submit a report to the General 26 Assembly containing the findings of the commission, the response 27 of the initiating agency and his own recommendations regarding 28 the regulation. At the time of the submission of the report by 29 the Governor, the commission shall, within 14 days of submission 30 of the report, either approve the regulation or transmit the 19850H0784B2800 - 14 -
1 proposed regulation to the General Assembly for consideration in 2 accord with the procedures set forth in the act of April 7, 1955 3 (P.L.23, No.8), known as the "Reorganization Act of 1955." 4 Failure of the commission to transmit a regulation to the 5 General Assembly for consideration within 14 days of submission 6 of the Governor's report shall constitute approval of the 7 proposed regulation. However, if the commission is prevented 8 from transmitting the regulation to the General Assembly within 9 14 days because of recess or adjournment, it may transmit the 10 regulation on the first subsequent session day. Failure to 11 submit a proposed regulation on the first subsequent session day 12 shall constitute approval thereof. Pending the review of a 13 regulation by the General Assembly, the commission may continue 14 an order barring publication of a final order adopting a 15 regulation, issue such an order if none was previously issued, 16 or withdraw its order. If the General Assembly disapproves a 17 regulation, the disapproval shall constitute a permanent order 18 barring publication, or shall rescind a regulation for which a 19 final order was published pending review of the regulation by 20 the commission or the General Assembly. The General Assembly may 21 at its discretion, however, disapprove a regulation to indicate 22 the intent of the General Assembly, but permit publication of a 23 final order adopting a regulation. 24 (c) Whenever a designated standing committee has received 25 the notice required under section 6(c), the designated standing 26 committee may within ten days report to the House of 27 Representatives or Senate a concurrent resolution and notify the 28 affected agency which shall be the official notice to the 29 agency. A final order adopting the regulation shall not be 30 published for 30 calendar days or ten legislative days, 19850H0784B2800 - 15 -
1 whichever is longer, from date of reporting the concurrent 2 resolution. If both the House of Representatives and the Senate 3 agree to the concurrent resolution within the allotted time 4 period, the adoption of the concurrent resolution shall 5 constitute a permanent order barring publication, or shall act 6 as an order rescinding a regulation for which a final order was 7 published pending review of the regulation. Failure of the House 8 of Representatives and the Senate to act on the concurrent 9 resolution within the allotted time period shall constitute 10 approval of the regulation. In addition, notice as to any final 11 disposition of any concurrent resolution considered in 12 accordance with this act shall be published in the Pennsylvania 13 Bulletin. The General Assembly may, at its discretion, adopt a 14 concurrent resolution disapproving the regulation to indicate 15 the intent of the General Assembly, but permit publication of a 16 final order adopting a regulation. 17 Section 9. Commission staff. 18 The commission shall appoint and fix the compensation of an 19 executive director, who shall devote his full time to the 20 general supervision of all the affairs of the commission. In 21 addition, the commission shall appoint a chief counsel who shall 22 not be subject to the supervision of the Attorney General or the 23 General Counsel [and it]. Both the executive director and chief 24 counsel shall report directly to the commission. The commission 25 shall appoint a permanent liaison person to provide direct 26 communication between the commission and the General Assembly. 27 The commission may appoint and fix the compensation of such 28 other employees as the commission may from time to time find 29 necessary for the proper performance of the functions of the 30 commission. In determining the necessity for such additional 19850H0784B2800 - 16 -
1 staff, the commission shall consider the fact that the General 2 Assembly is required under this act to participate in the review 3 process and its staff will be providing assistance to the 4 commission through the legislative review provisions of this 5 act. 6 Section 15. Effective date. 7 Except for the provisions of sections 3, 4, 9, 11 and 13, 8 which shall take effect in 30 days, this act shall take effect 9 on March 1, 1983. This act shall expire on December 31, [1985] 10 1990 unless it is sooner reenacted by the General Assembly. 11 Section 3. This act applies to proposed and final rulemaking 12 submitted to the Legislative Reference Bureau after the fourth 13 Wednesday following the effective date of this act. 14 Section 4. This act shall take effect immediately. 15 SECTION 1. SECTION 15 OF THE ACT OF JUNE 25, 1982 (P.L.633, <-- 16 NO.181), KNOWN AS THE REGULATORY REVIEW ACT, AMENDED DECEMBER 9, 17 1982 (P.L.1023, NO.238), IS AMENDED TO READ: 18 SECTION 15. EFFECTIVE DATE. 19 EXCEPT FOR THE PROVISIONS OF SECTIONS 3, 4, 9, 11 AND 13, 20 WHICH SHALL TAKE EFFECT IN 30 DAYS, THIS ACT SHALL TAKE EFFECT 21 ON MARCH 1, 1983. THIS ACT SHALL EXPIRE ON [DECEMBER 31, 1985] 22 JULY 31, 1987, DECEMBER 31, 1986, UNLESS IT IS SOONER REENACTED <-- 23 BY THE GENERAL ASSEMBLY. 24 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. 25 SECTION 1. THE TITLE AND ACT OF JUNE 25, 1982 (P.L.633, <-- 26 NO.181), KNOWN AS THE REGULATORY REVIEW ACT, AMENDED DECEMBER 9, 27 1982 (P.L.1023, NO.238), ARE REENACTED AND AMENDED TO READ: 28 AN ACT 29 PROVIDING FOR INDEPENDENT OVERSIGHT AND REVIEW OF REGULATIONS, 30 CREATING AN INDEPENDENT REGULATORY REVIEW COMMISSION, 19850H0784B2800 - 17 -
1 PROVIDING FOR ITS POWERS AND DUTIES[,] AND MAKING REPEALS
2 [AND MAKING AN APPROPRIATION].
3 SECTION 1. SHORT TITLE.
4 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "REGULATORY
5 REVIEW ACT."
6 SECTION 2. LEGISLATIVE INTENT.
7 THE GENERAL ASSEMBLY HAS ENACTED A LARGE NUMBER OF STATUTES
8 CONFERRING ON BOARDS, COMMISSIONS, DEPARTMENTS AND OTHER
9 AGENCIES OF THE EXECUTIVE BRANCH OF GOVERNMENT THE AUTHORITY TO
10 ADOPT RULES AND REGULATIONS TO SUPPLEMENT AND IMPLEMENT THOSE
11 STATUTES. THE GENERAL ASSEMBLY HAS FOUND THAT THIS DELEGATION OF
12 ITS AUTHORITY HAS RESULTED IN REGULATIONS BEING PROMULGATED
13 WITHOUT EFFECTIVE REVIEW CONCERNING COST BENEFITS, DUPLICATION,
14 INFLATIONARY IMPACT AND CONFORMITY TO LEGISLATIVE INTENT. THE
15 GENERAL ASSEMBLY FINDS THAT IT MUST PROVIDE A PROCEDURE FOR
16 OVERSIGHT AND REVIEW OF REGULATIONS ADOPTED PURSUANT TO THIS
17 DELEGATION OF LEGISLATIVE POWER TO CURTAIL EXCESSIVE REGULATION
18 AND TO ESTABLISH A SYSTEM OF ACCOUNTABILITY SO THAT THE
19 BUREAUCRACY MUST JUSTIFY ITS USE OF THE REGULATORY AUTHORITY
20 BEFORE IMPOSING HIDDEN COSTS UPON THE ECONOMY OF PENNSYLVANIA.
21 IT IS THE INTENT OF THIS ACT TO ESTABLISH A METHOD FOR
22 CONTINUING AND EFFECTIVE REVIEW, ACCOUNTABILITY AND OVERSIGHT.
23 IT IS THE FURTHER INTENT OF THIS ACT TO PROVIDE FOR PRIMARY
24 REVIEW BY A COMMISSION WITH SUFFICIENT AUTHORITY, EXPERTISE,
25 INDEPENDENCE AND TIME TO PERFORM THAT RESPONSIBILITY. IT IS THE
26 FURTHER INTENT OF THIS ACT TO PROVIDE ULTIMATE REVIEW BY THE
27 GENERAL ASSEMBLY OF THOSE REGULATIONS WHICH MAY BE CONTRARY TO
28 THE PUBLIC INTEREST. THIS ACT IS INTENDED TO PROVIDE A METHOD OF
29 OVERSIGHT AND REVIEW OF REGULATIONS ISSUED BY EXECUTIVE AGENCIES
30 TO ASSIST THE GOVERNOR AND THE GENERAL ASSEMBLY IN THEIR
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1 SUPERVISORY AND OVERSIGHT FUNCTIONS AND IT IS NOT INTENDED TO 2 CREATE ANY RIGHT OR BENEFIT, SUBSTANTIVE OR PROCEDURAL, 3 ENFORCEABLE AT LAW BY A PARTY AGAINST THE COMMONWEALTH, ITS 4 AGENCIES, OFFICERS OR ANY PERSON. 5 SECTION 3. DEFINITIONS. 6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 7 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE 8 MEANINGS GIVEN TO THEM IN THIS SECTION: 9 "AGENCY." ANY DEPARTMENT, DEPARTMENTAL ADMINISTRATIVE BOARD 10 OR COMMISSION, INDEPENDENT BOARD OR COMMISSION, AGENCY OR OTHER 11 AUTHORITY OF THIS COMMONWEALTH NOW EXISTING OR HEREAFTER 12 CREATED, BUT SHALL NOT INCLUDE THE SENATE OR THE HOUSE OF 13 REPRESENTATIVES, THE PENNSYLVANIA FISH COMMISSION, THE 14 PENNSYLVANIA GAME COMMISSION, THE INDEPENDENT REGULATORY REVIEW 15 COMMISSION, OR ANY COURT, POLITICAL SUBDIVISION, MUNICIPAL OR 16 LOCAL AUTHORITY. 17 "COMMISSION." THE INDEPENDENT REGULATORY REVIEW COMMISSION. 18 "DESIGNATED STANDING COMMITTEE." A STANDING COMMITTEE OF THE 19 HOUSE OF REPRESENTATIVES OR THE SENATE DESIGNATED BY THE SPEAKER 20 OF THE HOUSE OF REPRESENTATIVES FOR THE HOUSE AND THE PRESIDENT 21 PRO TEMPORE OF THE SENATE FOR THE SENATE WHICH DESIGNATION SHALL 22 PRESCRIBE THE JURISDICTION OF EACH STANDING COMMITTEE OVER THE 23 VARIOUS STATE AGENCIES FOR PURPOSES OF THIS ACT. 24 "REGULATION." ANY RULE OR REGULATION, OR ORDER IN THE NATURE 25 OF A RULE OR REGULATION, PROMULGATED BY AN AGENCY UNDER 26 STATUTORY AUTHORITY IN THE ADMINISTRATION OF ANY STATUTE 27 ADMINISTERED BY OR RELATING TO THE AGENCY, OR PRESCRIBING THE 28 PRACTICE OR PROCEDURE BEFORE SUCH AGENCY. THE TERM SHALL NOT 29 INCLUDE A PROCLAMATION, EXECUTIVE ORDER, DIRECTIVE OR SIMILAR 30 DOCUMENT PROMULGATED BY THE GOVERNOR, BUT SHALL INCLUDE A 19850H0784B2800 - 19 -
1 REGULATION WHICH MAY BE PROMULGATED BY AN AGENCY, ONLY WITH THE 2 APPROVAL OF THE GOVERNOR. 3 SECTION 4. CREATION OF COMMISSION; MEMBERSHIP, COMPENSATION; 4 VACANCIES; REMOVAL. 5 (A) THE INDEPENDENT REGULATORY REVIEW COMMISSION SHALL 6 CONSIST OF FIVE MEMBERS TO BE KNOWN AS COMMISSIONERS. ONE MEMBER 7 OF THE COMMISSION SHALL BE APPOINTED BY THE GOVERNOR TO SERVE AT 8 HIS PLEASURE, ONE BY THE PRESIDENT PRO TEMPORE OF THE SENATE, 9 ONE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE 10 MINORITY LEADER OF THE SENATE AND ONE BY THE MINORITY LEADER OF 11 THE HOUSE OF REPRESENTATIVES. NO MEMBER OF THE GENERAL ASSEMBLY 12 OR ANY OTHER OFFICER OR EMPLOYEE OF STATE GOVERNMENT SHALL SERVE 13 AS A MEMBER OF THE COMMISSION. 14 (B) OF THE ORIGINAL MEMBERS, THE TWO MEMBERS APPOINTED BY 15 THE SPEAKER OF THE HOUSE AND THE MINORITY LEADER OF THE HOUSE OF 16 REPRESENTATIVES RESPECTIVELY SHALL SERVE FOR AN INITIAL TERM OF 17 TWO YEARS AND THE TWO MEMBERS APPOINTED BY THE PRESIDENT PRO 18 TEMPORE OF THE SENATE AND THE MINORITY LEADER OF THE SENATE 19 RESPECTIVELY SHALL SERVE FOR AN INITIAL TERM OF THREE YEARS. 20 THEREAFTER EACH APPOINTMENT PROVIDED FOR BY THIS ACT SHALL BE 21 FOR A TERM OF THREE YEARS AND SUCH APPOINTMENTS SHALL BE MADE IN 22 THE SAME MANNER AS THE ORIGINAL APPOINTMENTS. 23 (C) ALL VACANCIES SHALL BE FILLED, FOR THE REMAINDER OF THE 24 UNEXPIRED TERM, IN THE SAME MANNER AS ORIGINAL APPOINTMENTS. ANY 25 COMMISSIONER, UPON THE EXPIRATION OF HIS TERM, SHALL CONTINUE TO 26 HOLD OFFICE UNTIL HIS SUCCESSOR SHALL BE APPOINTED. 27 (D) THE COMMISSIONERS SHALL RECEIVE $125 PER DAY AS 28 COMPENSATION FOR THEIR SERVICES. THE COMMISSIONERS SHALL ALSO BE 29 ENTITLED TO REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY 30 EXPENSES INCURRED AS A RESULT OF THEIR DUTIES AS MEMBERS OF THE 19850H0784B2800 - 20 -
1 COMMISSION. THE EXPENSES INCURRED BY THE COMMISSIONERS, OR BY 2 ANY EMPLOYEES OF THE COMMISSION, SHALL BE ALLOWED AND PAID ON 3 THE PRESENTATION OF ITEMIZED VOUCHERS THEREFOR, WHICH VOUCHERS 4 SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSION. 5 (E) EXCEPT AS AUTHORIZED PURSUANT TO THIS SECTION AND EXCEPT 6 FOR THE GOVERNOR'S APPOINTEE WHO SHALL SERVE AT HIS PLEASURE, NO 7 COMMISSIONER MAY BE REMOVED FROM OFFICE DURING HIS TERM. THE 8 GOVERNOR MAY, WITH THE APPROVAL OF TWO-THIRDS OF THE MEMBERS OF 9 THE SENATE, UPON A CLEAR AND CONVINCING EVIDENCE OF MISFEASANCE 10 OR MALFEASANCE IN OFFICE OR NEGLECT OF DUTY, REMOVE A 11 COMMISSIONER PRIOR TO THE EXPIRATION OF THE TERM. THE GOVERNOR 12 SHALL PROVIDE THE COMMISSIONER SO REMOVED WITH A DETAILED 13 WRITTEN STATEMENT OF THE REASONS FOR HIS REMOVAL. 14 (F) ANY MEMBER OF THE COMMISSION FORMALLY CHARGED BEFORE A 15 COURT OF RECORD WITH THE COMMISSION OF A FELONY SHALL 16 IMMEDIATELY BE SUSPENDED AS A MEMBER OF THE COMMISSION UNTIL THE 17 CHARGE IS DISMISSED OR A VERDICT OF ACQUITTAL IS ANNOUNCED. IF 18 ANY COMMISSION MEMBER SHALL BE CONVICTED OF A FELONY, THEN THAT 19 COMMISSIONER'S MEMBERSHIP SHALL BECOME VACANT AUTOMATICALLY UPON 20 ANNOUNCEMENT OF THE VERDICT BY A TRIAL COURT OR UPON ACCEPTANCE 21 OF A PLEA OF GUILTY OR NOLO CONTENDERE. NO COMMISSION MEMBER 22 SHALL PARTICIPATE IN DELIBERATIONS REGARDING ANY REGULATION IN 23 WHICH HE, OR ANY MEMBER OF HIS FAMILY, HAS A FINANCIAL INTEREST. 24 (G) WITHIN 60 DAYS FOLLOWING THE APPOINTMENT OF A QUORUM OF 25 THE COMMISSION, THE GOVERNOR SHALL CONVENE AN ORGANIZATION 26 MEETING OF THE COMMISSION AND THE GOVERNOR OR HIS DESIGNEE SHALL 27 PRESIDE AT SUCH MEETING UNTIL A CHAIRMAN SHALL BE ELECTED. 28 (H) A CHAIRMAN SHALL BE ELECTED BY THE COMMISSION WHO SHALL 29 SERVE FOR A TERM OF TWO YEARS AND UNTIL HIS SUCCESSORS SHALL BE 30 ELECTED. THE CHAIRMAN SHALL PRESIDE AT MEETINGS OF THE 19850H0784B2800 - 21 -
1 COMMISSION AND SHALL EXECUTE DOCUMENTS RELATING TO THE FORMAL 2 ACTIONS OF THE COMMISSION. 3 (I) THE COMMISSION SHALL MEET AT LEAST TWICE A MONTH AT SUCH 4 TIMES AND PLACES AS SHALL BE SET BY THE CHAIRMAN. A COMMISSIONER 5 WHO FAILS TO ATTEND THREE CONSECUTIVE MEETINGS WITHOUT CAUSE 6 SHALL BE REMOVED AS A COMMISSIONER BY THE AUTHORITY APPOINTING 7 THE COMMISSIONER. 8 SECTION 5. PROPOSED REGULATION; CRITERIA FOR REVIEW, EXISTING 9 REGULATIONS. 10 (A) FOR PROPOSED REGULATIONS, SUBMITTED AFTER THE EFFECTIVE 11 DATE OF THIS SECTION, AT THE SAME TIME THAT PROPOSED REGULATIONS 12 AND ANY CHANGES THERETO ARE SUBMITTED TO THE LEGISLATIVE 13 REFERENCE BUREAU FOR PUBLICATION OF NOTICE OF PROPOSED 14 RULEMAKING IN THE PENNSYLVANIA BULLETIN AS REQUIRED BY THE ACT 15 OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE 16 COMMONWEALTH DOCUMENTS LAW, THE AGENCY PROPOSING THE REGULATION 17 SHALL FORWARD A COPY OF SUCH PROPOSAL TO THE COMMISSION AND THE 18 DESIGNATED STANDING COMMITTEE OF EACH HOUSE OF THE GENERAL 19 ASSEMBLY AND ADDITIONAL INFORMATION INCLUDING BUT NOT LIMITED TO 20 THE FOLLOWING: 21 (1) THE NAME OF THE AGENCY PROPOSING THE REGULATION AND 22 A STATEMENT OF THE STATUTORY OR OTHER AUTHORITY UNDER WHICH 23 THE REGULATION OR CHANGE IS PROPOSED AND IF SUCH REGULATION 24 OR CHANGE IS PROPOSED TO IMPLEMENT THE REQUIREMENTS OF 25 FEDERAL STATUTE OR FEDERAL REGULATION, SUCH FEDERAL STATUTE 26 OR REGULATION SHALL BE CITED WITH SPECIFICITY. 27 (2) A BRIEF EXPLANATION OF THE PROPOSED REGULATION OR 28 CHANGE. 29 (3) A STATEMENT OF THE NEED FOR THE REGULATION OR 30 CHANGE. 19850H0784B2800 - 22 -
1 (4) ESTIMATES OF THE DIRECT COST TO THE COMMONWEALTH AND 2 DIRECT AND INDIRECT COST TO ITS POLITICAL SUBDIVISIONS AND 3 INDIRECT COST TO THE PRIVATE SECTOR. INSOFAR AS THE PROPOSAL 4 RELATES TO DIRECT COST TO THE COMMONWEALTH, THE AGENCY MAY 5 SUBMIT IN LIEU OF ITS OWN STATEMENT THE FISCAL NOTE PREPARED 6 BY THE OFFICE OF THE BUDGET PURSUANT TO SECTION 612 OF THE 7 ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE 8 ADMINISTRATIVE CODE OF 1929." 9 (5) A STATEMENT OF LEGAL, ACCOUNTING OR CONSULTANT 10 PROCEDURES WHICH MAY BE REQUIRED FOR IMPLEMENTATION OF THE 11 REGULATION BY THOSE AFFECTED BY IT. 12 (6) A STATEMENT OF ANY ADDITIONAL REPORTING, 13 RECORDKEEPING OR OTHER PAPERWORK REQUIRED BY THE PROPOSED 14 REGULATIONS INCLUDING COPIES OF ANY FORMS OR REPORTS WHICH 15 WILL BE REQUIRED IN THE IMPLEMENTATION OF THE PROPOSED 16 REGULATION. 17 (7) AN OUTLINE OF CONFORMANCE AND RELEVANT DATES 18 INCLUDING DATES BY WHICH COMMENTS MUST BE RECEIVED, DATES OF 19 PROPOSED PUBLIC HEARINGS, THE EFFECTIVE DATE OF FINAL 20 REGULATIONS, DATE BY WHICH COMPLIANCE WITH THE PROPOSED 21 REGULATIONS WILL BE REQUIRED, INCLUDING THE DATE BY WHICH ANY 22 REQUIRED PERMITS, LICENSES OR OTHER APPROVALS MUST BE 23 OBTAINED. 24 (8) THE NAME OF THE AUTHOR OR AUTHORS OF THE REGULATION 25 WITH THEIR OFFICE ADDRESS AND PHONE NUMBERS INCLUDED. 26 (9) AN IDENTIFICATION OF THE TYPES OF PERSONS, 27 BUSINESSES AND ORGANIZATIONS WHICH WOULD BE AFFECTED BY THE 28 REGULATION. 29 (10) IDENTIFICATION OF ANY OTHER REGULATIONS WHICH WOULD 30 BE AFFECTED BY THE REGULATION. 19850H0784B2800 - 23 -
1 THE REQUIREMENTS OF THIS SECTION SHALL NOT DIMINISH THE NOTICE 2 OF PROPOSED RULE MAKING REQUIREMENTS OF THE COMMONWEALTH 3 DOCUMENTS LAW BUT THE INFORMATION REQUIRED BY THIS SECTION MAY 4 BE INCLUDED IN THE NOTICE OF PROPOSED RULE MAKING REQUIREMENT 5 FOR PUBLICATION IN THE PENNSYLVANIA BULLETIN IN LIEU OF THE 6 INFORMATION REQUIRED BY PARAGRAPHS (2) AND (3) OF SECTION 201 OF 7 THE COMMONWEALTH DOCUMENTS LAW. THE COMMISSION MAY WAIVE AN 8 INFORMATION REQUIREMENT OF THIS SECTION FOR A PROPOSED 9 REGULATION WHEN ANY SPECIFIC REQUIREMENT IS DEEMED BY THE 10 COMMISSION TO BE UNNECESSARY OR INAPPROPRIATE. 11 (B) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (A), FOR 12 REGULATIONS WHICH IMPOSE FISCAL IMPACTS ON THE PUBLIC SECTOR, 13 PRIVATE SECTOR, OR BOTH OF OVER $1,000,000, IN ANY YEAR, OR 14 WHICH IMPOSE OTHER MAJOR IMPACTS AS DETERMINED BY THE 15 COMMISSION, THE AGENCY PROPOSING THE REGULATION SHALL FORWARD AT 16 THE REQUEST OF THE COMMISSION A WRITTEN REGULATORY ANALYSIS. 17 SUCH REGULATORY ANALYSIS SHALL STATE: 18 (1) THE FINANCIAL, ECONOMIC AND SOCIAL IMPACTS OF THE 19 REGULATION ON INDIVIDUALS, BUSINESS AND LABOR COMMUNITIES OR 20 OTHER PUBLIC AND PRIVATE ORGANIZATIONS. WHEN PRACTICABLE, AN 21 EVALUATION OF THE BENEFITS EXPECTED AS A RESULT OF THE 22 REGULATION SHOULD BE INCLUDED; 23 (2) THAT ALTERNATIVE APPROACHES HAVE BEEN CONSIDERED AND 24 THE LEAST BURDENSOME ACCEPTABLE ALTERNATIVE HAS BEEN 25 SELECTED; 26 (3) THAT, IN ARRIVING AT THE ACCEPTABLE ALTERNATIVE, 27 CONSIDERATION WAS GIVEN TO MINIMIZING NEW REPORTING, 28 ACCOUNTING AND LEGAL REQUIREMENTS; 29 (4) THAT A PLAN FOR THE EVALUATION OF THE EFFECTIVENESS 30 OF THE REGULATION AFTER ITS ISSUANCE HAS BEEN DEVELOPED; AND 19850H0784B2800 - 24 -
1 (5) THE MANNER IN WHICH, WHEN IT IS LAWFUL, DESIRABLE 2 AND FEASIBLE, SPECIAL PROVISIONS HAVE BEEN DEVELOPED TO MEET 3 THE PARTICULAR NEEDS OF AFFECTED GROUPS AND PERSONS 4 INCLUDING, BUT NOT LIMITED TO: MINORITIES, ELDERLY, SMALL 5 BUSINESSES AND FARMERS. 6 (C) THE STANDING COMMITTEE SHALL, WITHIN 20 CALENDAR DAYS 7 FROM THE [DAY IT RECEIVES] DATE THE PROPOSED REGULATION IS 8 PUBLISHED IN THE PENNSYLVANIA BULLETIN, APPROVE OR [RECOMMEND 9 DISAPPROVAL TO THE COMMISSION.] DISAPPROVE THE PROPOSED 10 REGULATION. THE STANDING COMMITTEE SHALL NOTIFY THE COMMISSION 11 OF APPROVAL OR DISAPPROVAL. FAILURE OF BOTH STANDING COMMITTEES 12 TO [RECOMMEND DISAPPROVAL OF ANY SUCH] DISAPPROVE A REGULATION 13 WITHIN THE 20 CALENDAR DAYS SHALL CONSTITUTE APPROVAL THEREOF. 14 ALONG WITH A NOTIFICATION OF APPROVAL OR DISAPPROVAL THE 15 COMMITTEE SHALL CONVEY A REPORT WHICH INCLUDES: 16 (1) A COPY OF THE PROPOSED REGULATION. 17 (2) A SUMMARY OF THE OBJECTIONS OF THE COMMITTEE, IF 18 ANY, STATING THE REASONS WHY THE COMMITTEE HAS FOUND THE 19 PROPOSED REGULATION UNACCEPTABLE, AND A COPY OF ANY STAFF 20 REPORTS DEEMED PERTINENT BY THE COMMITTEE. 21 IN THE EVENT THE STANDING COMMITTEES ARE PREVENTED FROM 22 COMPLETING THEIR 20-DAY REVIEW BECAUSE OF EXPIRATION OF THE 23 LEGISLATIVE SESSION IN EVEN-NUMBERED YEARS, CONSIDERATION OF THE 24 PROPOSED REGULATION SHALL BE AUTOMATICALLY SUSPENDED UNTIL THE 25 [FIRST DAY] FOURTH MONDAY IN JANUARY OF THE NEXT SUCCEEDING 26 SESSION OF THE GENERAL ASSEMBLY. ON THAT DATE, THE AGENCY SHALL 27 RESUBMIT THE PROPOSED REGULATION TO THE DESIGNATED STANDING 28 COMMITTEE OF EACH CHAMBER, OR ITS SUCCESSOR COMMITTEE, AND TO 29 THE COMMISSION. THE STANDING COMMITTEES, OR THEIR SUCCESSOR 30 COMMITTEES, SHALL HAVE 20 CALENDAR DAYS AND THE COMMISSION SHALL 19850H0784B2800 - 25 -
1 HAVE 30 CALENDAR DAYS FROM [RECEIPT OF] THE DATE THE PROPOSED 2 REGULATION IS PUBLISHED IN THE PENNSYLVANIA BULLETIN TO REVIEW 3 SUCH REGULATION. IN COMPUTING THE 20-DAY COMMITTEE REVIEW PERIOD 4 AND THE 30-DAY COMMISSION REVIEW PERIOD, THE NUMBER OF DAYS IN 5 WHICH THE PROPOSED REGULATION HAD BEEN UNDER REVIEW BY THE 6 STANDING COMMITTEES AND BY THE COMMISSION AS OF THE EXPIRATION 7 OF THE PRIOR SESSION SHALL BE SUBTRACTED FROM THE 20-DAY 8 COMMITTEE AND THE 30-DAY COMMISSION REVIEW PERIODS, 9 RESPECTIVELY. FAILURE OF THE AGENCY TO RESUBMIT THE PROPOSED 10 REGULATION ON THE [FIRST DAY] FOURTH MONDAY IN JANUARY OF THE 11 NEXT SUCCEEDING SESSION SHALL CONSTITUTE WITHDRAWAL THEREOF. NO 12 PROPOSED REGULATION SHALL BE SUBMITTED TO THE COMMISSION OR THE 13 STANDING COMMITTEES FOR REVIEW DURING THE PERIOD FROM THE END OF 14 THE LEGISLATIVE SESSION OF EVEN-NUMBERED YEARS TO THE FIRST DAY 15 OF THE NEXT SUCCEEDING LEGISLATIVE SESSION, BUT EMERGENCY 16 REGULATIONS MAY BE ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 17 6(B). 18 (D) IN ORDER TO ASCERTAIN WHETHER A PROPOSED REGULATION IS 19 IN THE PUBLIC INTEREST, THE COMMISSION SHALL CONSIDER THE 20 FOLLOWING CRITERIA IN THE REVIEW OF ANY PROPOSED REGULATION: 21 (1) CONFORMITY TO THE STATUTORY AUTHORITY OF THE AGENCY. 22 (2) CONSISTENCY WITH THE LEGISLATIVE INTENT OF THE ACT 23 WHICH THE REGULATION IS DESIGNED TO IMPLEMENT. 24 (3) POSSIBLE ADVERSE EFFECTS ON PRICES OF GOODS AND 25 SERVICES, PRODUCTIVITY OR COMPETITION. 26 (4) WHETHER THE REGULATION REPRESENTS A POLICY DECISION 27 OF SUCH SUBSTANTIAL NATURE THAT IT REQUIRES A LEGISLATIVE 28 REVIEW. 29 (5) DIRECT COSTS TO THE COMMONWEALTH, DIRECT AND 30 INDIRECT COST TO POLITICAL SUBDIVISIONS AND INDIRECT COST TO 19850H0784B2800 - 26 -
1 THE PRIVATE SECTOR.
2 (6) REASONABLENESS OF REQUIREMENTS, IMPLEMENTATION
3 PROCEDURES AND TIMETABLE FOR THE PUBLIC AND PRIVATE SECTORS.
4 (7) THE NATURE OF ANY REPORTS, FORMS OR OTHER PAPERWORK
5 AND THE ESTIMATED COST OF THEIR PREPARATION BY INDIVIDUALS,
6 BUSINESSES AND ORGANIZATIONS IN THE PRIVATE AND PUBLIC SECTOR
7 WHERE SUCH REPORTS WOULD BE REQUIRED.
8 (8) POSSIBLE CONFLICT WITH OR DUPLICATION OF STATUTES OR
9 OTHER EXISTING REGULATIONS.
10 (9) THE NATURE AND ESTIMATED COST OF ANY LEGAL,
11 CONSULTING OR ACCOUNTING SERVICES WHICH THE PRIVATE OR PUBLIC
12 SECTOR WOULD INCUR.
13 (10) THE IMPACT ON THE PUBLIC INTEREST OF EXEMPTING OR
14 SETTING LESSER STANDARDS OF COMPLIANCE FOR INDIVIDUALS OR
15 SMALL BUSINESSES WHEN IT IS LAWFUL, DESIRABLE AND FEASIBLE TO
16 DO SO.
17 (11) CLARITY AND LACK OF AMBIGUITY.
18 (12) NEED FOR THE RULE OR REGULATION.
19 (13) APPROVAL OR DISAPPROVAL BY THE DESIGNATED STANDING
20 COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE.
21 (E) REGULATIONS FOR WHICH NOTICE OF PROPOSED [MAKING]
22 RULEMAKING IS OMITTED PURSUANT TO SECTION 204 OF THE
23 COMMONWEALTH DOCUMENTS LAW SHALL BE SUBMITTED TO THE COMMISSION
24 AND THE DESIGNATED STANDING COMMITTEES FOR REVIEW IN THE SAME
25 FASHION AS PROPOSED REGULATIONS AT THE SAME TIME THAT THE
26 REGULATIONS ARE SUBMITTED TO THE ATTORNEY GENERAL FOR REVIEW AS
27 PROVIDED IN THE COMMONWEALTH ATTORNEYS ACT. NO FINAL ORDER
28 ADOPTING SUCH REGULATION SHALL BE PUBLISHED UNTIL COMPLETION OF
29 REVIEW PURSUANT TO THIS ACT.
30 (F) THE AGENCY WHICH PROPOSES THE REGULATION SHALL FORWARD
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1 TO THE COMMISSION WITHIN TWO DAYS OF RECEIPT, A COPY OF ANY 2 COMMENTS RECEIVED BY THE AGENCY WHICH REFERS TO THE PROPOSED 3 REGULATION. 4 (G) THE COMMISSION, EITHER ON ITS MOTION OR ON THE REQUEST 5 OF ANY INDIVIDUAL, AGENCY, CORPORATION, MEMBER OF THE GENERAL 6 ASSEMBLY OR ANY OTHER ENTITY WHICH MAY BE AFFECTED BY A 7 REGULATION, MAY ALSO REVIEW ANY EXISTING REGULATION OR 8 ADMINISTRATIVE PROCEDURE. WHENEVER A COMMITTEE OF THE SENATE OR 9 THE HOUSE OF REPRESENTATIVES SHALL REQUEST A REVIEW OF A 10 REGULATION, THE COMMISSION SHALL MAKE SUCH REVIEW AND SHALL 11 ASSIGN IT HIGH PRIORITY. THE COMMISSION MAY SUBMIT 12 RECOMMENDATIONS TO ANY AGENCY RECOMMENDING CHANGES IN EXISTING 13 REGULATIONS WHERE IT FINDS THE EXISTING REGULATIONS OR 14 ADMINISTRATIVE PROCEDURE TO BE CONTRARY TO THE PUBLIC INTEREST 15 UNDER THE CRITERIA ESTABLISHED IN THIS SECTION. THE COMMISSION 16 MAY ALSO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE 17 GOVERNOR FOR STATUTORY CHANGES WHENEVER IT FINDS THAT ANY 18 EXISTING REGULATION OR PROCEDURE MAY BE CONTRARY TO THE PUBLIC 19 INTEREST. 20 SECTION 6. PROCEDURES FOR COMMISSION CONSIDERATION AND AGENCY 21 REVIEW. 22 (A) WHENEVER THE COMMISSION SHALL FIND THAT A PROPOSED 23 REGULATION SUBMITTED TO THE LEGISLATIVE REFERENCE BUREAU FOR 24 PUBLICATION OF NOTICE OF PROPOSED RULEMAKING IN THE PENNSYLVANIA 25 BULLETIN OR THAT A REGULATION FOR WHICH NOTICE OF PROPOSED 26 RULEMAKING IS OMITTED PURSUANT TO SECTION 204 OF THE ACT OF JULY 27 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH 28 DOCUMENTS LAW, OR A REGULATION WHICH SUBMITTED TO THE ATTORNEY 29 GENERAL FOR REVIEW PRIOR TO PUBLICATION [WITHOUT NOTICE PURSUANT 30 TO SECTION 204 OF THE COMMONWEALTH DOCUMENTS LAW,] MAY BE 19850H0784B2800 - 28 -
1 CONTRARY TO THE PUBLIC INTEREST UNDER THE CRITERIA SET FORTH IN 2 SECTION 5, THE COMMISSION SHALL NOTIFY THE AGENCY PROMULGATING 3 SUCH REGULATION OF ITS FINDING. SUCH NOTIFICATION SHALL SET 4 FORTH THE COMMISSION'S OBJECTIONS IN REASONABLE DETAIL. THE 5 AGENCY SHALL REVIEW THE COMMISSION'S FINDING AND NOT LATER THAN 6 TWO WEEKS FOLLOWING THE NOTIFICATION UNLESS THE COMMISSION 7 GRANTS EXTENDED TIME TO COMMENT SHALL RESPOND TO THE COMMISSION 8 AS TO WHETHER OR NOT THE PROPOSED REGULATION WILL BE WITHDRAWN 9 [OR], REVISED OR RETURNED IN ITS ORIGINAL FORM WITH ADDED 10 JUSTIFICATION OR DOCUMENTATION BY THE AGENCY. IF THE COMMISSION 11 DOES NOT NOTIFY THE AGENCY OF ANY OBJECTION WITHIN 30 DAYS OF 12 PUBLICATION, IN THE CASE OF PROPOSED RULEMAKING, OR WITHIN 30 13 DAYS OF RECEIPT [UNDER SECTION 5], IN THE CASE OF OMISSION OF 14 PROPOSED RULEMAKING, THE AGENCY MAY PROCEED TO PROMULGATE THE 15 REGULATION AS PROVIDED IN THE [ACT OF JULY 31, 1968 (P.L.769, 16 NO.240), REFERRED TO AS THE] COMMONWEALTH DOCUMENTS LAW. 17 (B) THE COMMISSION MAY, WHEN NOTIFYING AN AGENCY OF ITS 18 OBJECTIONS PURSUANT TO SUBSECTION (A) OR AT ANY TIME FOLLOWING 19 SUCH NOTIFICATION BUT PRIOR TO PUBLICATION OF A FINAL ORDER 20 ADOPTING A REGULATION, ISSUE AN ORDER BARRING THE PUBLICATION OF 21 A FINAL ORDER ADOPTING A REGULATION PENDING SUBSEQUENT REVIEW OF 22 THE REGULATION IN THE MANNER PROVIDED IN SECTION 7. THE 23 COMMISSION MAY NOT HOWEVER ISSUE AN ORDER AGAINST A PROPOSED 24 REGULATION TO THE EXTENT THAT THE ATTORNEY GENERAL CERTIFIES 25 THAT PROPOSED REGULATION IS REQUIRED PURSUANT TO THE DECREE OF 26 ANY COURT OR TO IMPLEMENT THE PROVISIONS OF A STATUTE OF THE 27 UNITED STATES OR REGULATIONS ISSUED THEREUNDER BY A FEDERAL 28 AGENCY NOR SHALL THE COMMISSION ISSUE AN ORDER AGAINST A 29 PROPOSED REGULATION WHEN SUCH REGULATION IS TRANSMITTED WITH THE 30 CERTIFICATION OF THE GOVERNOR THAT IT IS REQUIRED TO MEET AN 19850H0784B2800 - 29 -
1 EMERGENCY WHICH SHALL INCLUDE BUT NOT BE LIMITED TO CONDITIONS 2 WHICH MAY CAUSE A SIGNIFICANT BUDGET DEFICIT OR CREATE NEED FOR 3 SUPPLEMENTAL OR DEFICIENCY APPROPRIATIONS. IN SUCH CASE, THE 4 REGULATION CAN TAKE EFFECT FOR UP TO 120 DAYS BUT AFTER THAT 5 TIME MAY BE SUSPENDED BY THE COMMISSION UNLESS IT HAS BEEN 6 APPROVED BY THE GENERAL ASSEMBLY UNDER THE PROCEDURES CONTAINED 7 IN SECTION 7(B). 8 (C) WHENEVER A DESIGNATED STANDING COMMITTEE OF THE HOUSE OF 9 REPRESENTATIVES OR THE SENATE HAS NOTIFIED THE COMMISSION OF ITS 10 DISAPPROVAL AND THE COMMISSION APPROVES THE PROPOSED REGULATION, 11 THE COMMISSION SHALL NOTIFY THE SAID DESIGNATED STANDING 12 COMMITTEE OF SUCH APPROVAL. 13 SECTION 7. PROCEDURES AND SUBSEQUENT REVIEW. 14 (A) IF THE COMMISSION DETERMINES AFTER REVIEWING AN AGENCY'S 15 RESPONSE THAT THE AGENCY STILL INTENDS TO IMPLEMENT SUCH 16 REGULATION, THE COMMISSION SHALL, WITHIN SEVEN DAYS OF RECEIPT 17 OF AN AGENCY'S RESPONSE TO ITS OBJECTIONS, EITHER APPROVE THE 18 REGULATIONS OR, IF THE COMMISSION BELIEVES THAT SAID REGULATION 19 WOULD BE CONTRARY TO THE PUBLIC INTEREST AS DETERMINED UNDER 20 SECTION 5, NOTIFY THE GOVERNOR, WHO SHALL WITHIN 45 DAYS REVIEW 21 THE PROPOSED REGULATION AND THE COMMISSION FINDINGS. FAILURE OF 22 THE COMMISSION TO NOTIFY THE GOVERNOR OF ITS CONTINUED 23 OBJECTIONS TO A PROPOSED REGULATION WITHIN SEVEN DAYS SHALL 24 CONSTITUTE APPROVAL THEREOF. WITHIN SEVEN DAYS OF AN AGENCY'S 25 RESPONSE, THE COMMISSION MAY CONTINUE AN ORDER BARRING 26 PUBLICATION OF A FINAL ORDER ADOPTING A REGULATION, ISSUE SUCH 27 AN ORDER IF NONE WAS PREVIOUSLY ISSUED, OR WITHDRAW ITS ORDER. 28 (B) IF THE GOVERNOR AND THE AGENCY DETERMINE THAT IT IS 29 DESIRABLE TO IMPLEMENT THE PROPOSED REGULATION WITHOUT 30 REVISIONS, THE GOVERNOR SHALL SUBMIT A REPORT TO THE GENERAL 19850H0784B2800 - 30 -
1 ASSEMBLY CONTAINING THE FINDINGS OF THE COMMISSION, THE RESPONSE 2 OF THE INITIATING AGENCY AND HIS OWN RECOMMENDATIONS REGARDING 3 THE REGULATION. AT THE TIME OF THE SUBMISSION OF THE REPORT BY 4 THE GOVERNOR, THE COMMISSION SHALL, WITHIN 14 DAYS OF SUBMISSION 5 OF THE REPORT, EITHER APPROVE THE REGULATION OR TRANSMIT THE 6 PROPOSED REGULATION TO THE GENERAL ASSEMBLY FOR CONSIDERATION IN 7 ACCORD WITH THE PROCEDURES SET FORTH IN THE ACT OF APRIL 7, 1955 8 (P.L.23, NO.8), KNOWN AS THE "REORGANIZATION ACT OF 1955." 9 FAILURE OF THE COMMISSION TO TRANSMIT A REGULATION TO THE 10 GENERAL ASSEMBLY FOR CONSIDERATION WITHIN 14 DAYS OF SUBMISSION 11 OF THE GOVERNOR'S REPORT SHALL CONSTITUTE APPROVAL OF THE 12 PROPOSED REGULATION. HOWEVER, IF THE COMMISSION IS PREVENTED 13 FROM TRANSMITTING THE REGULATION TO THE GENERAL ASSEMBLY WITHIN 14 14 DAYS BECAUSE OF RECESS OR ADJOURNMENT, IT MAY TRANSMIT THE 15 REGULATION ON THE FIRST SUBSEQUENT SESSION DAY. FAILURE TO 16 SUBMIT A PROPOSED REGULATION ON THE FIRST SUBSEQUENT SESSION DAY 17 SHALL CONSTITUTE APPROVAL THEREOF. PENDING THE REVIEW OF A 18 REGULATION BY THE GENERAL ASSEMBLY, THE COMMISSION MAY CONTINUE 19 AN ORDER BARRING PUBLICATION OF A FINAL ORDER ADOPTING A 20 REGULATION, ISSUE SUCH AN ORDER IF NONE WAS PREVIOUSLY ISSUED, 21 OR WITHDRAW ITS ORDER. IF THE GENERAL ASSEMBLY DISAPPROVES A 22 REGULATION, THE DISAPPROVAL SHALL CONSTITUTE A PERMANENT ORDER 23 BARRING PUBLICATION, OR SHALL RESCIND A REGULATION FOR WHICH A 24 FINAL ORDER WAS PUBLISHED PENDING REVIEW OF THE REGULATION BY 25 THE COMMISSION OR THE GENERAL ASSEMBLY. THE GENERAL ASSEMBLY MAY 26 AT ITS DISCRETION, HOWEVER, DISAPPROVE A REGULATION TO INDICATE 27 THE INTENT OF THE GENERAL ASSEMBLY, BUT PERMIT PUBLICATION OF A 28 FINAL ORDER ADOPTING A REGULATION. 29 (C) WHENEVER A DESIGNATED STANDING COMMITTEE HAS RECEIVED 30 THE NOTICE REQUIRED UNDER SECTION 6(C), THE DESIGNATED STANDING 19850H0784B2800 - 31 -
1 COMMITTEE MAY WITHIN TEN DAYS REPORT TO THE HOUSE OF 2 REPRESENTATIVES OR SENATE A CONCURRENT RESOLUTION AND NOTIFY THE 3 AFFECTED AGENCY WHICH SHALL BE THE OFFICIAL NOTICE TO THE 4 AGENCY. A FINAL ORDER ADOPTING THE REGULATION SHALL NOT BE 5 PUBLISHED FOR 30 CALENDAR DAYS OR TEN LEGISLATIVE DAYS, 6 WHICHEVER IS LONGER, FROM DATE OF REPORTING THE CONCURRENT 7 RESOLUTION. IF BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE 8 AGREE TO THE CONCURRENT RESOLUTION WITHIN THE ALLOTTED TIME 9 PERIOD, THE ADOPTION OF THE CONCURRENT RESOLUTION SHALL 10 CONSTITUTE A PERMANENT ORDER BARRING PUBLICATION, OR SHALL ACT 11 AS AN ORDER RESCINDING A REGULATION FOR WHICH A FINAL ORDER WAS 12 PUBLISHED PENDING REVIEW OF THE REGULATION. FAILURE OF THE HOUSE 13 OF REPRESENTATIVES AND THE SENATE TO ACT ON THE CONCURRENT 14 RESOLUTION WITHIN THE ALLOTTED TIME PERIOD SHALL CONSTITUTE 15 APPROVAL OF THE REGULATION. IN ADDITION, NOTICE AS TO ANY FINAL 16 DISPOSITION OF ANY CONCURRENT RESOLUTION CONSIDERED IN 17 ACCORDANCE WITH THIS ACT SHALL BE PUBLISHED IN THE PENNSYLVANIA 18 BULLETIN. THE GENERAL ASSEMBLY MAY, AT ITS DISCRETION, ADOPT A 19 CONCURRENT RESOLUTION DISAPPROVING THE REGULATION TO INDICATE 20 THE INTENT OF THE GENERAL ASSEMBLY, BUT PERMIT PUBLICATION OF A 21 FINAL ORDER ADOPTING A REGULATION. 22 [SECTION 8. REGULATORY BUDGET. 23 THE COMMISSION SHALL REVIEW THE FEASIBILITY OF ESTABLISHING 24 FOR THE COMMONWEALTH PROCEDURES FOR THE ANNUAL ADOPTION OF A 25 REGULATORY BUDGET OR REGULATORY CALENDAR WHICH WOULD INCLUDE 26 DIRECT GOVERNMENT COST CEILINGS, INDIRECT COST CEILINGS FOR NEW 27 REGULATION, PRIVATE SECTOR REGULATORY ACTIVITY REQUIRED UNDER 28 EXISTING REGULATIONS AND PRIVATE SECTOR REGULATORY ACTIVITY FOR 29 PROPOSED NEW REGULATIONS. THE COMMISSION WILL BE REQUIRED TO 30 SUBMIT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY 19850H0784B2800 - 32 -
1 ALONG WITH DRAFT LEGISLATION IF APPROPRIATE, WITHIN TWO YEARS OF 2 ITS ORIGINAL ORGANIZATION MEETING.] 3 SECTION 9. COMMISSION STAFF. 4 THE COMMISSION SHALL APPOINT AND FIX THE COMPENSATION OF AN 5 EXECUTIVE DIRECTOR, WHO SHALL DEVOTE HIS FULL TIME TO THE 6 GENERAL SUPERVISION OF ALL THE AFFAIRS OF THE COMMISSION. IN 7 ADDITION, THE COMMISSION SHALL APPOINT A CHIEF COUNSEL WHO SHALL 8 NOT BE SUBJECT TO THE SUPERVISION OF THE ATTORNEY GENERAL OR THE 9 GENERAL COUNSEL AND IT MAY APPOINT AND FIX THE COMPENSATION OF 10 SUCH OTHER EMPLOYEES AS THE COMMISSION MAY FROM TIME TO TIME 11 FIND NECESSARY FOR THE PROPER PERFORMANCE OF THE FUNCTIONS OF 12 THE COMMISSION. IN DETERMINING THE NECESSITY FOR SUCH ADDITIONAL 13 STAFF, THE COMMISSION SHALL CONSIDER THE FACT THAT THE GENERAL 14 ASSEMBLY IS REQUIRED UNDER THIS ACT TO PARTICIPATE IN THE REVIEW 15 PROCESS AND ITS STAFF WILL BE PROVIDING ASSISTANCE TO THE 16 COMMISSION THROUGH THE LEGISLATIVE REVIEW PROVISIONS OF THIS 17 ACT. 18 SECTION 10. SUBPOENA POWER. 19 THE COMMISSION MAY REQUIRE THE ATTENDANCE AND TESTIMONY OF 20 WITNESSES AND THE PRODUCTION OF DOCUMENTARY EVIDENCE RELATIVE TO 21 ANY INVESTIGATION OR HEARING WHICH THE COMMISSION MAY CONDUCT IN 22 ACCORDANCE WITH THE POWERS GRANTED IT UNDER THIS ACT. SUCH 23 SUBPOENA SHALL BE SIGNED BY THE CHAIRMAN OR THE EXECUTIVE 24 DIRECTOR AND IT SHALL BE SERVED BY ANY PERSON AUTHORIZED TO 25 SERVE SUBPOENAS UNDER THE LAW OF THE COMMONWEALTH. 26 SECTION 11. RULES; ANNUAL REPORTS; HEARINGS AND ADVISORY GROUP 27 MEETINGS. 28 (A) THE COMMISSION SHALL COMPILE AND PUBLISH RULES FOR THE 29 CONDUCT OF MEETINGS AND PUBLIC HEARINGS AND FOR THE CONDUCT OF 30 BUSINESS UNDER THIS ACT. SUCH RULES SHALL BE PROMULGATED IN 19850H0784B2800 - 33 -
1 ACCORDANCE WITH THE PROCEDURES ESTABLISHED IN THE ACT OF JULY 2 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH 3 DOCUMENTS LAW. SUCH RULES MAY PROVIDE FOR NOTIFICATION OF 4 FILINGS OF PROPOSED REGULATIONS TO PARTIES LIKELY TO BE AFFECTED 5 BY THE PROPOSED REGULATIONS. 6 (B) ON OR BEFORE APRIL 1, 1984 AND EACH YEAR THEREAFTER, THE 7 COMMISSION SHALL FILE A REPORT OF ITS ACTIVITIES FOR THE PRIOR 8 CALENDAR YEAR WITH THE GOVERNOR AND THE GENERAL ASSEMBLY. 9 (C) THE COMMISSION MAY HOLD PUBLIC HEARINGS ON ANY MATTER 10 BEFORE THE COMMISSION. THE COMMISSION MAY ALSO HOLD INFORMAL 11 HEARINGS AND MAY CONVENE AND MEET WITH ADVISORY GROUPS REGARDING 12 MATTERS BEFORE THE COMMISSION. 13 SECTION 12. CLEARINGHOUSE. 14 (A) THE COMMISSION SHALL ACT AS A CLEARINGHOUSE FOR 15 COMPLAINTS, COMMENTS AND OTHER INPUT FROM MEMBERS OF THE GENERAL 16 ASSEMBLY AND FROM THE PUBLIC REGARDING REGULATIONS, PROPOSED 17 REGULATIONS AND ADMINISTRATIVE PROCEDURES. THE COMMISSION SHALL 18 MAINTAIN ACCURATE RECORDS REGARDING COMPLAINTS AND COMMENTS IT 19 RECEIVES AND SHALL MAINTAIN SUCH RECORDS BY DEPARTMENTAL AND 20 SUBJECT MATTER CATEGORIES. WHEN THE COMMISSION FILES ITS ANNUAL 21 REPORT AS PROVIDED BY SECTION 11, THE COMMISSION SHALL INCLUDE 22 WITHIN IT A SUMMARY OF PUBLIC COMPLAINT AND COMMENT ALONG WITH 23 ANY RECOMMENDATIONS THE COMMISSION MAY OFFER FOR STATUTORY 24 CHANGE AS THE RESULT OF PUBLIC COMPLAINT AND COMMENT. 25 (B) THE COMMISSION MAY ALSO COMPILE INFORMATION ON 26 REGULATIONS ISSUED BY THE UNITED STATES GOVERNMENT WHICH COME TO 27 THE ATTENTION OF THE COMMISSION WHICH ARE FOUND BY THE 28 COMMISSION TO BE EXCESSIVE. THE COMMISSION SHALL INCLUDE A 29 SUMMARY ON SUCH REGULATIONS IN ITS ANNUAL REPORT AND SHALL TAKE 30 SUCH OTHER ACTION AS MAY BE APPROPRIATE. THE SECTION OF THE 19850H0784B2800 - 34 -
1 ANNUAL REPORT RELATING TO EXCESSIVENESS OF FEDERAL REGULATIONS 2 SHALL BE SUBMITTED TO THE PRESIDENT OF THE UNITED STATES AND TO 3 THE MEMBERS OF THE UNITED STATES SENATE AND THE UNITED STATES 4 HOUSE OF REPRESENTATIVES FROM PENNSYLVANIA. NOTHING HEREIN SHALL 5 BE CONSTRUED AS REQUIRING THE COMMISSION TO UNDERTAKE A REVIEW 6 OF FEDERAL REGULATIONS. 7 [SECTION 13. APPROPRIATION. 8 THE SUM OF $400,000, OR AS MUCH THEREOF AS MAY BE NECESSARY, 9 IS HEREBY APPROPRIATED TO THE COMMISSION FOR THE PURPOSES OF 10 CARRYING OUT THIS ACT FOR THE FISCAL PERIOD ENDING JUNE 30, 11 1983.] 12 SECTION 14. REPEALS. 13 (A) THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED 14 ABSOLUTELY: 15 SECTION 812.2, ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN 16 AS "THE ADMINISTRATIVE CODE OF 1929." 17 SECOND, THIRD AND FOURTH SENTENCES OF SUBSECTION (N) OF 18 SECTION 4, ACT OF MAY 23, 1945 (P.L.913, NO.367), KNOWN AS THE 19 "PROFESSIONAL ENGINEERS REGISTRATION LAW." 20 SECOND AND THIRD SENTENCES OF SECTION 1410, ACT OF JUNE 13, 21 1967 (P.L.31, NO.21), KNOWN AS THE "PUBLIC WELFARE CODE." 22 SUBSECTION (C) OF SECTION 11, ACT OF NOVEMBER 30, 1976 23 (P.L.1207, NO.265), KNOWN AS THE "EMERGENCY MEDICAL SERVICES 24 SYSTEMS ACT." 25 SUBSECTIONS (C) AND (D) OF SECTION 224, ACT OF JULY 1, 1978 26 (P.L.700, NO.124), KNOWN AS THE "BUREAU OF PROFESSIONAL AND 27 OCCUPATIONAL AFFAIRS FEE ACT." 28 SUBSECTIONS (C) AND (D) OF SECTION 601, ACT OF JULY 19, 1979 29 (P.L.130, NO.48), KNOWN AS THE "HEALTH CARE FACILITIES ACT." 30 THIRD AND FOURTH SENTENCES OF SUBSECTION (A) AND SUBSECTION 19850H0784B2800 - 35 -
1 (B) OF SECTION 404, ACT OF FEBRUARY 19, 1980 (P.L.15, NO.9), 2 KNOWN AS THE "REAL ESTATE LICENSING AND REGISTRATION ACT." 3 SECTION 107, ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS 4 THE "SOLID WASTE MANAGEMENT ACT." 5 SECTION 6103(B) OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED 6 STATUTES (RELATING TO PROMULGATION OF RULES AND REGULATIONS BY 7 DEPARTMENT). 8 (B) ALL OTHER ACTS OR PARTS OF ACTS ARE REPEALED INSOFAR AS 9 THEY PROVIDE FOR CONSIDERATION BY THE GENERAL ASSEMBLY OR ITS 10 COMMITTEES OF PROPOSED REGULATIONS. 11 SECTION 15. [EFFECTIVE] TERMINATION DATE. 12 [EXCEPT FOR THE PROVISIONS OF SECTIONS 3, 4, 9, 11 AND 13, 13 WHICH SHALL TAKE EFFECT IN 30 DAYS, THIS ACT SHALL TAKE EFFECT 14 ON MARCH 1, 1983.] THIS ACT SHALL EXPIRE ON DECEMBER 31, [1985] 15 1986 UNLESS IT IS SOONER REENACTED BY THE GENERAL ASSEMBLY. 16 SECTION 2. NOTWITHSTANDING ANY PROVISIONS OF PART XXV OF 17 TITLE 71 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO 18 RETIREMENT FOR STATE EMPLOYEES AND OFFICERS), EMPLOYEES OF THE 19 INDEPENDENT REGULATORY REVIEW COMMISSION WHO WERE EMPLOYEES OF 20 THE INDEPENDENT REGULATORY REVIEW COMMISSION ON DECEMBER 31, 21 1985, AND ARE REAPPOINTED UNDER SECTION 9 OF THE ACT OF JUNE 25, 22 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT, AS 23 EMPLOYEES OF THE INDEPENDENT REGULATORY REVIEW COMMISSION WITHIN 24 30 DAYS OF THE EFFECTIVE DATE OF THIS ACT SHALL, FOR PURPOSE OF 25 PARTICIPATION IN THE STATE EMPLOYEE RETIREMENT SYSTEM AND FOR 26 THE PURPOSE OF OTHER BENEFITS AVAILABLE TO EMPLOYEES OF THE 27 INDEPENDENT REGULATORY REVIEW COMMISSION ON DECEMBER 31, 1985, 28 BE DEEMED TO HAVE BEEN EMPLOYEES DURING THE PERIOD BETWEEN 29 DECEMBER 31, 1985, AND THEIR REAPPOINTMENT FOR PURPOSES OF 30 ELIGIBILITY, COVERAGE, AND CONTRIBUTION RATES EXCEPT THAT NO 19850H0784B2800 - 36 -
1 SERVICE CREDIT SHALL BE DEEMED TO HAVE BEEN EARNED FOR PURPOSES 2 OF THE STATE EMPLOYEES RETIREMENT SYSTEM BY THE EMPLOYEES DURING 3 THE PERIOD BETWEEN DECEMBER 31, 1985, AND THE TIME OF 4 REAPPOINTMENT. THE INDEPENDENT REGULATORY REVIEW COMMISSION 5 SHALL TAKE SUCH STEPS AS MAY BE NECESSARY TO ENSURE THAT THOSE 6 EMPLOYEES OF THE INDEPENDENT REGULATORY REVIEW COMMISSION WHO 7 WERE EMPLOYEES OF THE INDEPENDENT REGULATORY REVIEW COMMISSION 8 ON DECEMBER 31, 1985, WHO ARE REAPPOINTED AS PROVIDED IN THIS 9 SECTION, SHALL SUFFER NO LOSS OF BENEFITS OR INCREASE OF 10 CONTRIBUTION RATES BECAUSE OF THE LAPSE OF THE INDEPENDENT 11 REGULATORY REVIEW COMMISSION BETWEEN DECEMBER 31, 1985, AND THE 12 EFFECTIVE DATE OF THIS AMENDATORY ACT AND REENACTMENT. 13 SECTION 3. THE TERMS OF THE INITIAL MEMBERS OF THE 14 COMMISSION APPOINTED UNDER THIS ACT SHALL EXPIRE ON THE DATES 15 THAT THE TERMS OF APPOINTEES WOULD HAVE EXPIRED HAD THE 16 PROVISIONS OF THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN 17 AS THE REGULATORY REVIEW ACT NOT EXPIRED ON DECEMBER 31, 1985. 18 SECTION 4. THIS ACT SHALL APPLY TO PROPOSED REGULATIONS AND 19 REGULATIONS FOR WHICH NOTICE OF PROPOSED RULEMAKING IS OMITTED 20 SUBMITTED TO THE LEGISLATIVE REFERENCE BUREAU AFTER THE FOURTH 21 WEDNESDAY FOLLOWING THE EFFECTIVE DATE OF THIS ACT. 22 SECTION 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. C8L02VDL/19850H0784B2800 - 37 -