H0854B1155A01582 MSP:CMD 06/09/21 #90 A01582
AMENDMENTS TO HOUSE BILL NO. 854
Sponsor: SENATOR K. WARD
Printer's No. 1155
Amend Bill, page 1, line 21, by inserting after "retention"
and for temporary regulatory flexibility authority
Amend Bill, page 1, lines 25 and 26, by striking out "an
article" and inserting
articles
Amend Bill, pages 2 and 3, lines 1 through 30; page 4, lines
1 through 8; by striking out all of said lines on said pages and
inserting
COVID-19 RECORD RETENTION
Section 2101-E. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The coronavirus disease 2019, being an
infectious disease caused by severe acute respiratory syndrome
coronavirus 2 that was first identified during December 2019 in
Wuhan, China.
"Executive agency." An office, department, authority, board,
multistate agency or commission of the executive branch of the
Commonwealth which is subject to the policy supervision and
control of the Governor.
"Order." Any of the following:
(1) the declaration of disaster emergency issued by the
Governor on March 6, 2020, published at 50 Pa.B. 1644 (March
21, 2020); or
(2) a declaration of disaster emergency relating to
COVID-19 which is issued after March 6, 2020.
"Record." Information, regardless of physical form or
characteristics, that documents a transaction or activity of an
executive agency and that is created, received or retained
pursuant to law or in connection with a transaction, business or
activity of the executive agency. The term includes a document,
paper, letter, map, book, tape, photograph, film or sound
recording, information stored or maintained electronically and a
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data-processed or image-processed document.
Section 2102-E. Retention of records related to COVID-19.
An executive agency shall preserve all records in possession
of the agency relating to the order in accordance with the
executive agency's existing record retention policy.
Section 2103-E. Construction.
Nothing in this article shall be construed to reduce the
retention period of any Commonwealth record as provided by law
or prevent the transfer of records to the State Archives for
permanent retention.
ARTICLE XXI-F
TEMPORARY REGULATORY FLEXIBILITY AUTHORITY
Section 2101-F. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The coronavirus disease 2019, being an
infectious disease caused by severe acute respiratory syndrome
coronavirus 2 that was first identified during December 2019 in
Wuhan, China.
"Order." Any of the following:
(1) the declaration of disaster emergency issued by the
Governor on March 6, 2020, published at 50 Pa.B. 1644 (March
21, 2020); or
(2) a declaration of disaster emergency relating to
COVID-19 which is issued after March 6, 2020.
Section 2102-F. Temporary regulatory flexibility authority.
(a) Extension.--The suspension of a regulatory statute
prescribing the procedures for conduct of Commonwealth business,
or an order, rule or regulation of an Commonwealth agency which
was suspended under 35 Pa.C.S. ยง 7301(f)(1) (relating to general
authority of Governor) as of the last day that the order, as
amended and renewed, was in effect is extended until September
30, 2021, unless sooner terminated by the authority which
initially authorized the suspension.
(b) Applicability.--A suspension which is extended under
subsection (a) shall be retroactive to the last day that the
order, as amended and renewed, was in effect.
(c) Notice.--Upon the termination of an extension of a
suspension under subsection (a), the authority which terminated
the extension of the suspension shall notify all of the
following:
(1) The President pro tempore of the Senate.
(2) The Majority Leader of the Senate.
(3) The Minority Leader of the Senate.
(4) The Speaker of the House of Representatives.
(5) The Majority Leader of the House of Representatives.
(6) The Minority Leader of the House of Representatives.
(7) The chair and minority chair of each committee of
the Senate and of the House of Representatives which have
oversight authority over the Commonwealth agency which
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administers the regulatory statute, order, rule or
regulation.
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