H1349B1558A05221     VDL:JMM  09/26/11     #90        A05221

  

  

  

  

AMENDMENTS TO HOUSE BILL NO. 1349

Printer's No. 1558

  

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Amend Bill, page 1, lines 1 through 7, by striking out all of

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said lines and inserting

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To improve State rulemaking by creating procedures to analyze

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the availability of more flexible regulatory approaches for

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small businesses.

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Amend Bill, page 1, lines 10 through 18; pages 2 through 7,

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lines 1 through 30; page 8, lines 1 through 20, by striking out

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all of said lines on said pages and inserting

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Section 1.  Short title.

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This act shall be known and may be cited as the Regulatory

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Flexibility Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Agency."  A Commonwealth board, commission, department or

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officer authorized by statute to promulgate regulations or make

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adjudications.

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"Proposed regulation."  A proposal by an agency for a new

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regulation or for a change in, addition to or repeal of an

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existing regulation.

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"Regulation."  An agency statement of general applicability,

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without regard to its designation, which implements, interprets,

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or prescribes law or policy or which describes the organization,

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procedure or practice requirements of an agency. The term

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includes the amendment or repeal of a regulation. The term does

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not include:

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(1)  a statement concerning only the internal management

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of any agency and not affecting private rights or procedures

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available to the public;

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(2)  a declaratory ruling; or

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(3)  an intra-agency or interagency memorandum.

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"Small business."  A business entity, including its

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affiliates, that meets all of the following paragraphs:

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(1)  Is independently owned and operated.

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(2)  Meets one of the following subparagraphs:

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(i)  Employs fewer than 500 full-time employees.

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(ii)  Has gross annual sales of less than $6,000,000.

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Section 3.  Economic impact statements.

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Prior to the adoption of a proposed regulation which may have

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an adverse impact on small businesses, the agency shall prepare

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an economic impact statement which includes the following:

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(1)  An identification and estimate of the number of the

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small businesses subject to the proposed regulation.

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(2)  The projected reporting, recordkeeping and other

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administrative costs required for compliance with the

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proposed regulation, including the type of professional

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skills necessary for preparation of the report or record.

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(3)  A statement of the probable effect on impacted small

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businesses.

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(4)  A description of any less intrusive or less costly

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alternative methods of achieving the purpose of the proposed

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regulation.

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Section 4.  Regulatory flexibility analysis.

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(a)  Requirement.--Prior to the adoption of a proposed

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regulation, the agency shall prepare a regulatory flexibility

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analysis in which the agency shall, as consistent with health,

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safety, environmental and economic welfare, consider utilizing

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regulatory methods which will accomplish the objectives of

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applicable statutes while minimizing adverse impact on small

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businesses. The agency's consideration shall include the

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following methods of reducing the impact of the proposed

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regulation on small businesses:

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(1)  Establishment of less stringent compliance or

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reporting requirements for small businesses.

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(2)  Establishment of less stringent schedules or

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deadlines for compliance or reporting requirements for small

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businesses.

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(3)  Consolidation or simplification of compliance or

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reporting requirements for small businesses.

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(4)  Establishment of performance standards for small

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businesses to replace design or operational standards

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required in the proposed regulation.

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(5)  Exemption of small businesses from requirements

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contained in the proposed regulation.

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(b)  Notice.--Prior to the adoption of a proposed regulation

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which may have an adverse impact on small businesses, the agency

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shall notify the Independent Regulatory Review Commission of its

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intent to adopt the proposed regulation. The commission shall

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advise and assist agencies in complying with this section.

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Section 5.  Judicial review.

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(a)  Administrative agency law.--A small business that is

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aggrieved by a violation of this act is entitled to judicial

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review under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial

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review of Commonwealth agency action).

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(b)  Limitation of time.--Notwithstanding 42 Pa.C.S. §

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5522(b)(1) (relating to six months limitation), an action for

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review under subsection (a) must be commenced within one year of

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publication of final rulemaking in the Pennsylvania Bulletin.

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Section 6.  Periodic review of regulations.

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(a)  Existing regulations.--For regulations in effect on the

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effective date of this section, the following apply:

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(1)  Except as set forth in paragraph (2), by January 1,

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2016, each agency shall review the regulations to determine

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whether the regulations should be continued without change or

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should be mended or rescinded, consistent with the stated

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objectives of the enabling statutes, to minimize economic

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impact of the regulations on small businesses in a manner

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consistent with the stated objective of applicable statutes.

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(2)  If the head of an agency determines that completion

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of the review is not feasible by January 1, 2016, the

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following apply:

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(i)  The agency shall transmit notice of a

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certification of the determination to the Legislative

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Reference Bureau for publication as a notice in the

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Pennsylvania Bulletin.

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(ii)  Publication of the notice extends the time

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period under paragraph (1) by one year.

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(iii)  Only five notices are permitted under this

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paragraph.

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(b)  Subsequent regulations.--Regulations promulgated on or

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after the effective date of this section, shall be reviewed

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every five years to ensure that they minimize economic impact on

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small businesses in a manner consistent with the stated

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objectives of enabling statutes.

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(c)  Standard.--In reviewing regulations under this section,

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an agency shall consider the following factors:

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(1)  Continued need for the regulation.

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(2)  Nature of public complaints or comments concerning

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the regulation.

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(3)  Complexity of the regulation.

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(4)  Extent to which the rule overlaps, duplicates or

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conflicts with other Federal, State and local regulations.

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(5)  Length of time since the regulation has been

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evaluated and degree to which technology, economic conditions

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or other factors have changed in the area affected by the

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regulation.

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Section 20.  Effective date.

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This act shall take effect January 1, 2012, or immediately,

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whichever is later.

  

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