PRINTER'S NO. 1465
No. 1275 Session of 1999
INTRODUCED BY McGILL, GEORGE, DeWEESE, CORRIGAN, FICHTER,
SEYFERT, VANCE, HUTCHINSON, READSHAW, WILLIAMS, S. H. SMITH,
MANDERINO, ROBERTS, HARHAI, M. COHEN, ARMSTRONG, STEELMAN,
E. Z. TAYLOR, SEMMEL, MAHER AND DALEY, APRIL 14, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 14, 1999
AN ACT
1 Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
2 as reenacted, "An act providing for independent oversight and
3 review of regulations, creating an Independent Regulatory
4 Review Commission, providing for its powers and duties and
5 making repeals," providing for the creation of review
6 criteria for statements of policy.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2(a) of the act of June 25, 1982
10 (P.L.633, No.181), known as the Regulatory Review Act, reenacted
11 and amended June 30, 1989 (P.L.73, No.19) and amended June 25,
12 1997 (P.L.252, No.24), is amended to read:
13 Section 2. Legislative intent.
14 (a) The General Assembly has enacted a large number of
15 statutes and has conferred on boards, commissions, departments
16 and agencies within the executive branch of government the
17 authority to adopt rules and regulations to implement those
18 statutes. The General Assembly has found that this delegation of
19 its authority has resulted in regulations being promulgated
1 without undergoing effective review concerning cost benefits,
2 duplication, inflationary impact and conformity to legislative
3 intent. The General Assembly finds that it must establish a
4 procedure for oversight and review of regulations adopted
5 pursuant to this delegation of legislative power in order to
6 curtail excessive regulation and to require the executive branch
7 to justify its exercise of the authority to regulate before
8 imposing hidden costs upon the economy of Pennsylvania. The
9 General Assembly finds that statements of policy are often used
10 by agencies within the executive branch of government to set
11 forth criteria regarding the enforcement and interpretation of
12 acts of the General Assembly. The General Assembly further finds
13 that to ensure statements of policy are implemented to the best
14 standard as based on agency authority, and to prevent the misuse
15 of statements of policy, it must establish a procedure for
16 review of statements of policy. It is the intent of this act to
17 establish a method for ongoing and effective legislative review
18 and oversight in order to foster executive branch
19 accountability; to provide for primary review by a commission
20 with sufficient authority, expertise, independence and time to
21 perform that function; to provide ultimate review of regulations
22 and statements of policy by the General Assembly; and to assist
23 the Governor, the Attorney General and the General Assembly in
24 their supervisory and oversight functions. To the greatest
25 extent possible, this act is intended to encourage the
26 resolution of objections to a regulation or statement of policy
27 and the reaching of a consensus among the commission, the
28 standing committees, interested parties and the agency.
29 * * *
30 Section 2. Section 3 of the act is amended by adding a
19990H1275B1465 - 2 -
1 definition to read:
2 Section 3. Definitions.
3 The following words and phrases when used in this act shall
4 have, unless the context clearly indicates otherwise, the
5 meanings given to them in this section:
6 * * *
7 Statement of policy." Any document, except an adjudication
8 or a regulation, promulgated by an agency which sets forth
9 substantive or procedural personal or property rights,
10 privileges, immunities, duties, liabilities or obligations of
11 the public or any part thereof, and includes, without limiting
12 the generality of the foregoing, any document interpreting or
13 implementing any act of the General Assembly enforced or
14 administered by such agency.
15 * * *
16 Section 3. Sections 8.1, 11(a) and 12 of the act, amended
17 June 25, 1997 (P.L.252, No.24), are amended to read:
18 Section 8.1. Existing regulations or statements of policy.
19 The commission, on its motion or at the request of any person
20 or member of the General Assembly, may review any existing
21 regulation or statement of policy which has been in effect for
22 at least three years. If a committee of the Senate or the House
23 of Representatives requests a review of an existing regulation
24 or statement of policy, the commission shall perform the review
25 and shall assign it high priority. The commission may submit
26 recommendations to an agency recommending changes in existing
27 regulations or statements of policy if it finds the existing
28 regulations or statements of policy to be contrary to the public
29 interest under the criteria established in this section. The
30 commission may also make recommendations to the General Assembly
19990H1275B1465 - 3 -
1 and the Governor for statutory changes if the commission finds
2 that any existing regulation or statement of policy may be
3 contrary to the public interest.
4 Section 11. Regulations; annual reports; hearings and advisory
5 group meetings.
6 (a) The commission, in the performance of its functions
7 under this act, has the power to promulgate and enforce
8 regulations necessary to carry out the purposes of this act.
9 Regulations must be promulgated in accordance with the
10 procedures established in the Commonwealth Documents Law. The
11 regulations shall provide for the commission's notification of
12 filings of final-form and final-omitted regulations and
13 statements of policy to parties likely to be affected by the
14 final-form and final-omitted regulations and statements of
15 policy through publication of a notice in the Pennsylvania
16 Bulletin. Prior to the regulations or statements of policy
17 taking effect, the requirements of this act must be satisfied.
18 For the purposes of reviewing the regulations of the commission
19 and otherwise satisfying the requirements of this act, the Joint
20 Committee on Documents shall exercise the rights and perform the
21 functions of the commission, and the commission shall exercise
22 the rights and perform the functions of an agency under this
23 act.
24 * * *
25 Section 12. Clearinghouse.
26 The commission shall act as a clearinghouse for complaints,
27 comments and other input from members of the General Assembly
28 and from the public regarding existing, proposed, final-form and
29 final-omitted regulations and statements of policy. The
30 commission shall maintain accurate records regarding complaints
19990H1275B1465 - 4 -
1 and comments it receives and shall maintain such records by
2 departmental and subject matter categories for four years after
3 the date of receipt by the commission. When the commission files
4 its annual report as provided by section 11, the commission
5 shall include within it a summary of public complaint and
6 comment along with any recommendations the commission may offer
7 for statutory change.
8 Section 4. Section 12.1 of the act is amended to read:
9 Section 12.1. Gubernatorial review.
10 The Governor may institute procedures for the review and
11 approval of regulations or statements of policy promulgated or
12 implemented by executive agencies prior to their submittal for
13 review under this act, including, but not limited to, the
14 establishment of a task force or committee, by executive order.
15 The Governor may also establish procedures for the effective
16 coordination of the review of regulations under the act of
17 October 15, 1980 (P.L.950, No.164), known as the "Commonwealth
18 Attorneys Act," and sections 612 and 2203-A of the act of April
19 9, 1929 (P.L.177, No.175), known as "The Administrative Code of
20 1929."
21 Section 5. The act is amended by adding sections to read:
22 Section 16. Statements of policy; procedures and criteria for
23 review.
24 (a) On the same date that an agency submits a statement of
25 policy to the Legislative Reference Bureau for publication in
26 the Pennsylvania Bulletin as required by the Commonwealth
27 Documents Law, the agency shall submit to the commission and the
28 committees a copy of the statement of policy and an analysis
29 form which includes the following:
30 (1) The title of the agency and the names, office
19990H1275B1465 - 5 -
1 addresses and telephone numbers of the agency officials
2 responsible for responding to questions regarding the
3 statement of policy or for receiving comments relating to the
4 statement of policy.
5 (2) A statement of the need for the statement of policy.
6 (3) A concise and nontechnical explanation of the
7 statement of policy.
8 (4) Estimates of the direct and indirect costs to the
9 Commonwealth, to its political subdivisions and to the
10 private sector. Insofar as the statement of policy relates to
11 costs to the Commonwealth, the agency may submit in lieu of
12 its own statement the fiscal note prepared by the Office of
13 the Budget pursuant to section 612 of the act of April 9,
14 1929 (P.L.177, No.175), known as "The Administrative Code of
15 1929."
16 (5) A statement of legal, accounting or consulting
17 procedures and additional reporting, recordkeeping or other
18 paperwork, including copies of forms or reports, which will
19 be required for implementation of the statement of policy and
20 an explanation of measures which have been taken to minimize
21 these requirements.
22 (6) A schedule for review of the statement of policy,
23 including the date by which the agency must receive comments;
24 the expected date of implementation of the statement of
25 policy; the date by which compliance with the statement of
26 policy will be required; and the date by which required
27 permits, licenses or other approvals must be obtained.
28 (7) An identification of the types of persons,
29 businesses and organizations which would be affected by the
30 statement of policy.
19990H1275B1465 - 6 -
1 (8) An identification of the financial, economic and
2 social impact of the statement of policy on individuals,
3 business and labor communities and other public and private
4 organizations and, when practicable, and evaluation of the
5 benefits expected as a result of the statement of policy.
6 (9) A description of any special provisions which have
7 been developed to meet the particular needs of affected
8 groups and persons, including minorities, the elderly, small
9 businesses and farmers.
10 (10) A description of any alternative provisions which
11 have been considered and rejected and a statement that the
12 policy is the least burdensome acceptable alternative.
13 (11) A description of the plan developed for evaluating
14 the continuing effectiveness of the statement of policy after
15 its implementation.
16 (b) The agency shall hold a public comment period which
17 shall commence with the publication of the Pennsylvania Bulletin
18 and shall continue for not less than 30 days.
19 (c) The agency shall review and consider public comments and
20 the comments of the committees and commission pursuant to this
21 section. Within seven days of receipt of a public comment, the
22 agency shall, by first class or electronic mail, whichever is
23 applicable, notify the commentator of the agency's address and
24 telephone number where the commentator may submit a request for
25 the information concerning the statement of policy under
26 subsection (a). Upon completion of the agency's review of
27 comments, the agency shall submit to the commission and the
28 committees a copy of its response to the comments received, the
29 names and addresses of commentators who have requested
30 additional information relating to the statement of policy and
19990H1275B1465 - 7 -
1 the text of the statement of policy which the agency intends to
2 adopt. If an agency fails to submit or withdraws and fails to
3 resubmit the statement of policy within two years of the close
4 of the public comment period but still desires to implement the
5 statement of policy, the agency shall republish the statement of
6 policy with a new public comment period in accordance with the
7 "Commonwealth Documents Law." If the agency is prevented from
8 delivering its statement of policy to the commission and the
9 committees within the time period provided for in this
10 subsection because of the adjournment sine die or expiration of
11 the legislative session in an even-numbered year, the agency
12 shall deliver its statement of policy in accordance with
13 subsection (f).
14 (d) A committee shall, within 20 days from the date of
15 receipt of the information required under subsection (a) or
16 receipt of the information required under subsection (c),
17 approve or disapprove the statement of policy. The committee
18 shall notify the commission and the agency of its approval or
19 disapproval. If a committee fails to disapprove the statement of
20 policy, the committee shall be deemed to have approved the
21 statement of policy. If the committee disapproves the statement
22 of policy, the committee shall include with a notification of
23 disapproval a report stating the committee's objections to
24 statement of policy and a copy of staff reports which the
25 committee deems pertinent. Objections shall include, but not be
26 limited to, a deviation of that statement of policy from the
27 legislative intent of the General Assembly in the enactment of
28 the statute upon which the statement of policy was interpreted.
29 (e) The commission shall, within ten days after the
30 expiration of the committee review period or at its next
19990H1275B1465 - 8 -
1 regularly scheduled meeting, whichever is later, approve or
2 disapprove the statement of policy. The commission shall notify
3 the agency and the committees of its approval or disapproval. If
4 the commission fails to disapprove the statement of policy, the
5 commission shall be deemed to have approved the statement of
6 policy.
7 (f) If the committees are prevented from completing their
8 20-day review because of adjournment sine die or expiration of
9 the legislative session in an even-numbered year, their review
10 of the statement of policy shall automatically be suspended
11 until the fourth Monday in January of the next year. On that
12 date, the agency shall resubmit the statement of policy and
13 required material to the committees and the commission. If
14 either committee has not been designated by the fourth Monday in
15 January, the agency may not deliver the statement of policy and
16 required material to the committees and the commission until
17 both committees are designated. If the agency fails to deliver
18 the statement of policy and required material to the commission
19 and the committees by the second Monday after the date by which
20 both committee designations have been published in the
21 Pennsylvania Bulletin, the agency shall be deemed to have
22 withdrawn the statement of policy. In computing the remaining
23 time for committee review, the number of days in which the
24 committees have had statement of policy under review as of the
25 adjournment sine die or expiration of the prior session shall be
26 subtracted from the 20-day committee review period, but the
27 committee review period in the next succeeding legislative
28 session shall not be less than ten days. An agency may not
29 submit a statement of policy to the commission or the committees
30 for review during the period from the adjournment sine die or
19990H1275B1465 - 9 -
1 expiration of the legislative session in an even-numbered year
2 to the date by which both committees have been designated in the
3 next succeeding legislative session.
4 (g) Except as provided in this subsection, the agency may
5 not make any changes to the statement of policy after submitting
6 it to the commission and the committees.
7 (1) Prior to the expiration of the 20-day review period
8 of the committees or to the date on which either of the
9 committees takes action on the statement of policy, whichever
10 occurs first, the agency may, unless the commission shall
11 object, toll the time for the commission's and the
12 committees' review of the statement of policy in order to
13 allow time for the agency to consider revisions to the
14 statement of policy recommended by the commission or a
15 committee.
16 (2) Tolling under paragraph (1) may last for up to 30
17 days. If within 30 days the agency fails to submit revisions
18 to the committees and the commission or fails to notify the
19 commission and the committees in writing that it will not
20 submit revisions but wishes the commission and the committees
21 to resume their review, the agency shall be deemed to have
22 withdrawn the statement of policy.
23 (3) The committees shall have the remainder of the 20-
24 day review period or ten days from the date of receipt of the
25 revised statement of policy or written notification under
26 paragraph (2), whichever is longer, and the commission shall
27 have ten days after expiration of the committee review period
28 or until its next regularly scheduled meeting, whichever is
29 longer, to review the statement of policy. If the commission
30 or the committees fail to disapprove the statement of policy
19990H1275B1465 - 10 -
1 within the respective time periods, it shall be deemed
2 approved.
3 (4) The agency may not toll the time for review of
4 statement of policy more than one time.
5 (5) If the committees and the commission are prevented
6 from completing their review pursuant to this subsection
7 because of the adjournment sine die or the expiration of the
8 legislative session in an even-numbered year, the agency
9 shall resubmit statement of policy and review shall proceed
10 in accordance within subsection (f).
11 (h) In determining whether to approve or to disapprove a
12 statement of policy, the commission shall, first and foremost,
13 determine whether the agency has the statutory authority to
14 implement that statement of policy and whether that statement of
15 policy conforms to the intention of the General Assembly in the
16 enactment of the statute upon which the statement of policy is
17 interpreted. In making its determination, the commission shall
18 consider written comments submitted by the committees and
19 current members of the General Assembly.
20 (i) Upon a finding that the statement of policy is
21 consistent with the statutory authority of the agency and with
22 the intention of the General Assembly in the enactment of the
23 statute upon which the statement of policy is interpreted, the
24 commission shall consider the following in determining whether
25 the statement of policy is in the public interest:
26 (1) Economic or fiscal impacts of the statement of
27 policy, which include the following:
28 (i) Direct and indirect costs to the Commonwealth,
29 to political subdivisions and to the private sector.
30 (ii) Adverse effects on prices of goods and
19990H1275B1465 - 11 -
1 services, productivity or competition.
2 (iii) The nature of required reports, forms or other
3 paperwork and the estimated cost of their preparation by
4 individuals, businesses and organizations in the private
5 and public sectors.
6 (iv) The nature and estimated cost of legal,
7 consulting or accounting services which the private or
8 public sector may incur.
9 (v) The impact on the public interest of exempting,
10 or setting lesser standards of compliance for,
11 individuals or small businesses when it is lawful,
12 desirable and feasible to do so.
13 (2) The protection of the public health, safety and
14 welfare, and the effect on this Commonwealth's natural
15 resources.
16 (3) The clarity, feasibility and reasonableness of
17 statement of policy to be determined by considering the
18 following:
19 (i) Possible conflict with or duplication of
20 statutes or existing regulations.
21 (ii) Clarity and lack of ambiguity.
22 (iii) Need to be promulgated as a regulation.
23 (iv) Need to be established in statute.
24 (v) Reasonableness of requirements, implementation
25 procedures and timetables for compliance by the public
26 and private sectors.
27 (4) Whether the statement of policy represents a
28 decision of such a substantial nature that it requires
29 legislative review.
30 (5) Approval or disapproval by the committees.
19990H1275B1465 - 12 -
1 (j) The commission shall accept public or agency comments
2 only up to 48 hours prior to the commission's public meeting.
3 The commission shall receive comments from a committee or its
4 members until the public meeting is called to order. The
5 commission shall transmit documents received during the 48-hour
6 period prior to the commission's public meeting to the agency
7 within 24 hours of receipt. The commission shall receive
8 additional public or agency comments only after the public
9 meeting has been called to order.
10 (k) The commission shall note and shall make a part of the
11 public record all documents which it receives relating to a
12 statement of policy and shall retain the documents for four
13 years after the implementation of the statement of policy.
14 Section 17. Procedures for disapproval of statements of policy.
15 (a) If the committees and the commission do not disapprove a
16 statement of policy by the expiration of their respective review
17 periods under section 16(d), (e) or (f), the agency may
18 implement the statement of policy. If the commission disapproves
19 a statement of policy, the commission shall deliver its
20 disapproval order to the Legislative Reference Bureau, the
21 committees, commentators who have requested additional
22 information under section 16(a) and the agency. The disapproval
23 order shall specify the review criteria which the statement of
24 policy has not met and shall describe the documents and
25 testimony which the commission relied on in reaching its
26 decision. The agency shall review the commission's order and
27 proceed pursuant to section 18(a).
28 (b) The commission's order disapproving a statement of
29 policy shall bar the agency from implementing that statement of
30 policy pending subsequent review under section 18.
19990H1275B1465 - 13 -
1 (c) If a committee has notified the commission of its
2 disapproval of a statement of policy and the commission approves
3 the statement of policy, the commission shall, within two
4 business days, deliver its approval order to the committee. If
5 either committee is prevented from receiving the commission's
6 order because of the adjournment sine die or expiration of the
7 legislative session in an even-numbered year, the commission
8 shall deliver its order to the committee or its successor
9 committee on the fourth Monday in January of the next year. If
10 either committee has not been designated by the fourth Monday in
11 January, the commission may not deliver its order to the
12 committees until both committees have been designated, but the
13 commission shall deliver its order no later than the second
14 Monday after the date by which both committee designations have
15 been published in the Pennsylvania Bulletin. The committee shall
16 have 14 days from receipt of the approval order to take action
17 pursuant to section 18(e). During this 14-day period the agency
18 may not implement the statement of policy approved by the
19 commission. If, at the expiration of the 14-day period, the
20 committee fails to act on the statement of policy pursuant to
21 section 18(e), the agency may implement the statement of policy.
22 Section 18. Procedures for subsequent review of disapproved
23 statements of policy.
24 (a) Within seven days after the agency has received an order
25 from the commission disapproving and barring implementation of a
26 statement of policy issued pursuant to section 17(a), the agency
27 shall notify the Governor, the committees and the commission of
28 its selection of one of the following options:
29 (1) To proceed further with the statement of policy
30 pursuant to subsection (c).
19990H1275B1465 - 14 -
1 (2) To proceed further with the statement of policy
2 pursuant to subsection (d).
3 (3) To withdraw the statement of policy.
4 (b) If the committees are prevented from receiving the
5 notice required in this section because of the adjournment sine
6 die or expiration of the legislative session in an even-numbered
7 year, the agency shall deliver the notice to the Governor, the
8 commission and the committees on the fourth Monday in January of
9 the next year. If either committee has not been designated by
10 the fourth Monday in January, the agency may not deliver the
11 notice to the commission and the committees until both
12 committees are designated, but the agency shall deliver the
13 notice to the committees and the commission no later than the
14 second Monday after the date by which both committee
15 designations have been published in the Pennsylvania Bulletin.
16 If the agency fails to deliver the notice to the commission and
17 the committees in the time prescribed in this subsection, the
18 agency shall be deemed to have withdrawn that statement of
19 policy.
20 (c) If the agency decides to adopt the statement of policy
21 without revisions or further modifications, the agency shall
22 submit a report to the committees and the commission within 40
23 days of the agency's receipt of the commission's disapproval
24 order. The agency's report shall contain the statement of
25 policy, the commission's disapproval order and the agency's
26 response and recommendations regarding the statement of policy.
27 If the committees are prevented from receiving the report
28 because of adjournment sine die or expiration of the legislative
29 session in an even-numbered year, the agency shall deliver its
30 report to the commission and the committees no later than the
19990H1275B1465 - 15 -
1 second Monday after the date by which both committee
2 designations have been published in the Pennsylvania Bulletin.
3 If the agency fails to deliver the report to the committees and
4 the commission in the time prescribed in this subsection, the
5 agency shall be deemed to have withdrawn the statement of
6 policy. Upon receipt of the agency's report, the committees may
7 proceed pursuant to subsection (e).
8 (d) If the agency decides to revise or modify the statement
9 of policy in order to respond to objections raised by the
10 commission and adopt that statement of policy with revisions or
11 modifications, the agency shall submit a report to the
12 committees and the commission within 40 days of the agency's
13 receipt of the commission's disapproval order. The agency's
14 report shall contain the revised statement of policy, the
15 findings of the commission, and the agency's response and
16 recommendations regarding the revised statement of policy. If
17 the committees are prevented from receiving the report because
18 of adjournment sine die or expiration of the legislative session
19 in an even-numbered year, the agency shall submit the report to
20 the commission and the committees on the fourth Monday in
21 January of the next year. If either committee has not been
22 designated by the fourth Monday in January, the agency may not
23 deliver the report to the committees and the commission until
24 both committees are designated, but the agency shall deliver its
25 report to the commission and the committees no later than the
26 second Monday after the date by which both committee
27 designations have been published in the Pennsylvania Bulletin.
28 If the agency fails to deliver its report to the commission and
29 the committees in the time prescribed in this subsection, the
30 agency shall be deemed to have withdrawn the statement of
19990H1275B1465 - 16 -
1 policy. Upon receipt of the agency's report, a committee shall
2 have ten days to approve or disapprove the report and to notify
3 the commission and the agency of its approval or disapproval. If
4 a committee fails to notify the commission and the agency of its
5 disapproval within ten days, the committee shall be deemed to
6 have approved the agency's report. The commission shall have
7 seven days from the expiration of the committee's ten-day review
8 period or until its next regularly scheduled meeting, whichever
9 is later, to approve or disapprove the agency's report. If the
10 commission and the committee approve the agency's report, the
11 agency may implement the statement of policy. If the commission
12 disapproves the agency report, the agency shall be barred from
13 implementing the statement of policy until the review provided
14 for in this subsection and in subsection (e) is completed. If a
15 committee disapproves an agency's report and the commission
16 approves it or if the commission disapproves an agency report,
17 the commission shall deliver its order to the committees for
18 consideration by the General Assembly pursuant to subsection
19 (e). If the commission is prevented from delivering its order to
20 the committees within the time period provided for in this
21 subsection because of the adjournment sine die or expiration of
22 the legislative session in an even-numbered year, the commission
23 shall deliver its order on the fourth Monday of January of the
24 next year. If either committee has not been designated by the
25 fourth Monday in January, the commission may not deliver its
26 order to the committees until both committees are designated,
27 but the commission shall deliver its order no later than the
28 second Monday after the date by which both committee
29 designations have been published in the Pennsylvania Bulletin.
30 If the commission fails to deliver its order disapproving the
19990H1275B1465 - 17 -
1 agency's report and revised statement of policy in the time
2 prescribed by this subsection, the commission shall be deemed to
3 have approved the agency's report and the statement of policy.
4 (e) Upon receipt of the report of an agency pursuant to
5 subsection (c), of the agency's report and the commission's
6 order pursuant to subsection (d) or of the commission's order
7 pursuant to section 17(c), one or both of the committees may,
8 within 14 calendar days, report to the Senate or the House of
9 Representatives a concurrent resolution and notify the agency.
10 During the 14-calendar-day period, the agency may not implement
11 the statement of policy. If, by the expiration of the 14-
12 calendar-day period, neither committee reports a concurrent
13 resolution, the committees shall be deemed to have approved the
14 statement of policy, and the agency may implement that statement
15 of policy. If either committee reports a concurrent resolution
16 before the expiration of the 14-day period, the Senate and the
17 House of Representatives shall each have 30 calendar days or ten
18 legislative days, whichever is longer, from the date on which
19 the concurrent resolution has been reported, to adopt the
20 concurrent resolution. If the General Assembly adopts the
21 concurrent resolution by majority vote in both the Senate and
22 the House of Representatives, the concurrent resolution shall be
23 presented to the Governor in accordance with section 9 of
24 Article III of the Constitution of Pennsylvania. If the Governor
25 does not return the concurrent resolution to the General
26 Assembly within ten calendar days after it is presented, the
27 Governor shall be deemed to have approved the concurrent
28 resolution. If the Governor vetoes the concurrent resolution,
29 the General Assembly may override that veto by a two-thirds vote
30 in each house. The Senate and the House of Representatives shall
19990H1275B1465 - 18 -
1 each have 30 calendar days or ten legislative days, whichever is
2 longer, to override the veto. If the General Assembly fails to
3 adopt the concurrent resolution or override the veto in the time
4 prescribed in this subsection, it shall be deemed to have
5 approved the statement of policy. Notice as to any final
6 disposition of a concurrent resolution considered in accordance
7 with this section shall be published in the Pennsylvania
8 Bulletin. The bar on implementation of the statement of policy
9 shall continue until that statement of policy has been approved
10 or deemed approved in accordance with this subsection. If the
11 General Assembly adopts the concurrent resolution and the
12 Governor approves or is deemed to have approved the concurrent
13 resolution or if the General Assembly overrides the Governor's
14 veto of the concurrent resolution, the agency shall be barred
15 from implementing the statement of policy. If the General
16 Assembly fails to adopt the concurrent resolution or if the
17 Governor vetoes the concurrent resolution and the General
18 Assembly fails to override the Governor's veto, the agency may
19 implement the statement of policy. The General Assembly may, at
20 its discretion, adopt a concurrent resolution disapproving the
21 statement of policy to indicate the intent of the General
22 Assembly but permit the agency to implement that statement of
23 policy.
24 Section 19. Changes in statements of policy.
25 An agency may not make changes to a statement of policy after
26 that statement of policy has been approved or has been deemed
27 approved by the committees or the commission pursuant to this
28 act.
29 Section 6. This act shall take effect in 60 days.
B18L02JAM/19990H1275B1465 - 19 -