THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DALEY AND ROSS, JUNE 10, 2009

REFERRED TO COMMITTEE ON COMMERCE, JUNE 10, 2009  

AN ACT

Amending the act of May 15, 1933 (P.L.565, No.111), entitled "An

act relating to the powers and duties of the Department of

Banking and the Secretary of Banking in exercising

supervision over, and taking possession of and conducting or

liquidating the business and property of, corporations,

associations, and persons receiving deposits or otherwise

transacting a banking business, corporations acting as

fiduciaries, and building and loan associations; providing

for the payment of the expenses of the Department of Banking

by supervised corporations, associations, or persons, and

appropriating the Banking Department Fund; authorizing the

Department of Banking, under certain circumstances, to

examine corporations, associations, or persons affiliated, or

having business transactions with supervised corporations,

associations or persons; authorizing appeals to the Supreme

Court, and prescribing and limiting the powers and duties of

certain other courts and their prothonotaries, registers of

wills, recorders of deeds, and certain State departments,

commissions, and officers; authorizing certain local public

officers and State departments to collect fees for services

rendered under this act; providing penalties; and repealing

certain acts and parts of acts," further providing for

administration and for employee protection.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 202 of the act of May 15, 1933 (P.L.565,

No.111), known as the Department of Banking Code, amended

December 9, 2002 (P.L.1604, No.209) and July 8, 2008 (P.L.827,

No.58), is amended to read:

Section 202.  General Scope of Supervision; Exercise of

Discretion.--A.  In addition to the powers and duties provided

for in this act, the department shall exercise any power and

fulfill any duty imposed upon it by any other law of this

Commonwealth. Except where otherwise specifically provided, the

department shall enforce and administer all laws of this

Commonwealth which relate to any institution, and shall exercise

such general supervision over institutions as will afford the

greatest possible safety to depositors, other creditors, and

shareholders thereof, ensure the safe and sound conduct of the

business of such institutions, conserve their assets, maintain

the public confidence in such institutions and protect the

public interest.

B.  Whenever under this act, discretion is vested in the

department or any board thereof as to whether, or the manner in

which, to exercise a power or fulfill a duty, the department

shall, after such examination or investigation as it shall deem

appropriate under the circumstances, exercise such discretion in

such a manner as it shall deem necessary to ensure the safe and

sound conduct of the business of any institution subject to its

supervision, conserve its assets, maintain public confidence in

the business of such institutions and protect the public

interest and the interest of depositors, other creditors and

shareholders thereof.

C.  The department may promulgate such rules and regulations

necessary and appropriate to administer this act. In those

instances in which the department is granted the power to

regulate a matter under this or any other act and that grant of

power requires the department to further define its duties under

that act, the department shall do so expeditiously and with

concern for both the regulated entities and the consumers that

the act intends to protect.

D.  The department may issue statements of policy and

interpretive letters necessary and appropriate to administer

this act or any other statute within the department's

jurisdiction to administer or enforce.

E.  Notwithstanding any other law or provision of this act,

the department may require licensees to use and to pay

processing fees for using a national electronic licensing system

in order to apply for or renew licenses issued pursuant to any

statute within the jurisdiction of the department to enforce.

Notwithstanding any other law, the department may modify, by

publication of a notice in the Pennsylvania Bulletin, license

renewal and reporting dates for any licensees subject to this

subsection that are inconsistent with the use of a national

electronic licensing system. The department is not authorized to

require a person or corporation which would otherwise be totally

exempt from licensure pursuant to any statute under the

department's jurisdiction to submit information to or

participate in any national electronic licensing system.

Section 2.  Section 1104 of the act, added December 9, 2002

(P.L.1604, No.209), is amended to read:

Section 1104.  Protection of Employes.--A.  No licensee may

discharge, threaten or otherwise discriminate or retaliate

against an employe regarding the employe's compensation, terms,

conditions, location or privileges of employment because the

employe or a person acting on behalf of the employe makes a good

faith report or is about to report, verbally or in writing, to

the employer or appropriate authority a violation of [this act] 

law.

B.  No licensee may discharge, threaten or otherwise

discriminate or retaliate against an employe regarding the

employe's compensation, terms, conditions, location or

privileges of employment because the employe is requested by an

appropriate authority to participate in an investigation,

hearing or inquiry held by an appropriate authority or in a

court action relating to a violation of [this act] law.

C.   A licensee may not bring a cause of action against an

employe for damages arising out of:

(1)  a report under subsection A; or

(2)  participation under subsection B.

Section 3.  This act shall take effect in 60 days.