PRINTER'S NO. 637
No. 607 Session of 1981
INTRODUCED BY POTT, GREENFIELD, SIRIANNI, CESSAR, SEVENTY,
GRUPPO, COCHRAN, PRATT, LETTERMAN, NOYE, LEHR, WACHOB,
PENDLETON, GEIST, MAIALE, COLE, PUNT, PUCCIARELLI, PISTELLA,
D. R. WRIGHT, LIVENGOOD, MERRY, McVERRY, BURD, GANNON,
JOHNSON, FLECK, MORRIS, PETERSON, KLINGAMAN, HALUSKA, RASCO,
CALTAGIRONE, LASHINGER, NAHILL, CORNELL, WILSON, MILLER,
MRKONIC, LUCYK, PITTS, PETRARCA, ALDEN, E. Z. TAYLOR, ZWIKL,
GAMBLE, LEVIN, FISCHER, ARTY, EARLEY, SAURMAN, SIEMINSKI,
HEISER AND SALVATORE, FEBRUARY 17, 1981
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 17, 1981
AN ACT
1 Providing for review of administrative rules by the General
2 Assembly.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the
7 "Administrative Regulation Review Act."
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Agency." Any department, board, commission, agency, or
13 other entity of the Commonwealth. It shall not include political
14 subdivisions or entities within the legislative or judicial
1 branches of government.
2 "Regulation." Each agency statement of general applicability
3 which implements, interprets, or prescribes law or policy. The
4 term includes the amendment or repeal of a prior regulation or
5 rule, but does not include statements concerning only the
6 internal management of an agency and not affecting private
7 rights, procedures available to the public, or declaratory
8 rulings.
9 Section 3. Submission of proposed regulations to General
10 Assembly.
11 Prior to the adoption, amendment, or repeal of any
12 regulation, the agency shall submit to the presiding officers of
13 both houses of the General Assembly a report concerning the rule
14 proposed for adoption, amendment, or repeal at least 60 days
15 prior to the notice of intended action as provided for
16 Commonwealth documents. This report shall contain:
17 (1) A copy of the regulation as it is proposed for
18 adoption, amendment, or repeal.
19 (2) A brief summary of the content of the regulation if
20 proposed for adoption or repeal and a brief summary of the
21 change in the regulation if proposed for amendment.
22 (3) A copy of the enabling legislation purporting to
23 authorize the adoption, amendment or repeal of the
24 regulation.
25 (4) A statement of the circumstances which require
26 adoption, amendment or repeal of the regulation.
27 (5) A fiscal note indicating the monetary impact of the
28 regulation.
29 Section 4. Review by legislative committee.
30 No later than three legislative days after receipt thereof,
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1 each presiding officer shall refer each such report to the
2 standing committee of the house over which he presides which has
3 subject matter jurisdiction of the regulation contained in the
4 report, as provided by the rules of the respective house. Such
5 committees may hold hearings and take testimony relative to the
6 reports. The standing committees to which each such report is
7 referred, meeting separately or jointly, shall review the
8 regulation which is proposed for adoption, amendment or repeal
9 to:
10 (1) Determine whether the regulation change is in
11 conformity with the scope and intent of the enabling
12 legislation purporting to authorize its adoption.
13 (2) Determine whether the regulation change is in
14 conformity with and not contrary to all applicable provisions
15 of the constitution and laws of the Commonwealth.
16 (3) Determine the advisability or relative merit of the
17 proposed regulation change and whether the rule is acceptable
18 or unacceptable to the committee. Each such determination
19 shall be made by the respective committees individually and
20 each such determination shall require the favorable vote of a
21 majority of a quorum of the committee on a motion expressing
22 such determination.
23 Section 5. Effect of legislative review.
24 Should either committee fail to act on the proposed
25 regulation or should it determine the proposed regulation to be
26 unacceptable for any reason, the regulation shall not be
27 promulgated without the consent of a majority vote of the Senate
28 and House of Representatives.
29 Section 6. Report by legislative committee.
30 Each committee to which a report is referred shall submit a
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1 report of its determinations made to the agency which proposed
2 the regulation. This report shall contain:
3 (1) A copy of the proposed regulation.
4 (2) A summary of the determination of the committee.
5 (3) A statement of the reasons why the committee has
6 found the proposed regulation acceptable or unacceptable.
7 Section 7. Publication of committee report.
8 The report by the committee shall be published in the
9 Pennsylvania Bulletin.
10 Section 8. Annual agency report to General Assembly.
11 Each year, 30 days prior to the beginning of the regular
12 session of the General Assembly, each agency which has proposed
13 the adoption, amendment or repeal of any regulation during the
14 previous year shall submit a report to the President of the
15 Senate and the Speaker of the House of Representatives. This
16 report shall contain:
17 (1) All the information required by section 3 with
18 respect to all regulations proposed for adoption, amendment
19 or repeal.
20 (2) A summary of all data, views or arguments received
21 by the agency concerning the regulation change.
22 (3) A statement of the action taken by the agency with
23 respect to adoption, amendment or repeal of each such
24 regulation.
25 Section 9. Annual review by legislative committee.
26 Within five days of receipt of the annual report, the
27 President of the Senate and the Speaker of the House of
28 Representatives shall refer the report to the standing committee
29 of the respective house which has jurisdiction over the subject
30 matter of the proposed regulation changes. After referral of the
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1 report to the standing committees, a public hearing shall be
2 held by each committee for the purpose of reviewing the report
3 and receiving testimony thereon.
4 Section 10. Committee report to the General Assembly.
5 No later than the tenth legislative day of the regular
6 session of the General Assembly, each standing committee to
7 which regulations have been referred by the presiding officer
8 shall submit a report to the General Assembly. This report shall
9 contain a summary of all committee action with respect to agency
10 regulations referred to the committee and of public hearings
11 held by the committee pursuant to this act. The report shall
12 also contain any recommendations of the committee for changes in
13 statutes concerning the agency or its powers.
14 Section 11. Revival of regulations previously disapproved.
15 Any member of the Senate or House of Representatives who
16 wishes to revive any proposed regulation or regulations
17 previously disapproved by the committee may propose a concurrent
18 resolution providing for the approval of the regulation or
19 regulations. The regulation or regulations shall go into effect
20 when both houses shall have agreed to the resolution by a
21 majority vote of the elected members of each house.
22 Section 12. Effective date.
23 This act shall take effect in 60 days.
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