H1861B2107A02409 MSP:CMD 09/27/21 #90 A02409
AMENDMENTS TO HOUSE BILL NO. 1861
Sponsor: SENATOR BROOKS
Printer's No. 2107
Amend Bill, page 1, lines 26 through 29, by striking out all
of said lines and inserting
Section 1. Sections 2101-F and 2102-F of the act of April 9,
1929 (P.L.177, No.175), known as The Administrative Code of
1929, added June 11, 2021 (P.L.56, No.21), are amended to read:
Amend Bill, page 2, line 5, by striking out all of said line
and inserting
"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.
Amend Bill, page 2, line 6, by striking out ""COVID-19
declaration of disaster emergency."" and inserting
"Declaration."
Amend Bill, page 2, lines 13 through 15, by striking out all
of said lines
Amend Bill, page 2, line 16, by inserting a bracket before
"Temporary"
Amend Bill, page 2, line 16, by inserting after "Temporary"
] COVID-19
Amend Bill, page 2, line 22, by striking out "COVID-19"
Amend Bill, page 2, line 22, by striking out "of disaster
emergency"
Amend Bill, page 2, lines 26 through 30, by striking out all
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of said lines and inserting
(a.1) Additional temporary extensions.--The following
suspensions of regulatory statutes, rules and regulations
extended under subsection (a) which are in effect on September
30, 2021, are extended until March 31, 2022, unless sooner
terminated by the authority which initially authorized the
suspension:
(1) The following provisions enforced by the Department
of Drug and Alcohol Programs:
(i) 28 Pa. Code § 715.6(d) (relating to physician
staffing).
(ii) 28 Pa. Code § 715.9(a)(4) (relating to intake).
(iii) 28 Pa. Code § 715.16(e) (relating to take-home
privileges).
(2) The following provisions enforced by the Office of
Administration:
(i) 71 Pa.C.S. § 2407 (relating to emergency
appointments).
(ii) 4 Pa. Code § 604.5 (relating to reassignments
and transfers authorized).
(iii) 4 Pa. Code § 604.6 (relating to initiation of
transfers).
(iv) 4 Pa. Code § 604.7 (relating to limitations on
transfer).
(v) 4 Pa. Code § 604.8 (relating to effect of
transfer on probationary period).
(vi) 4 Pa. Code § 604.9 (relating to transfer of
classified service employees entering the Senior
Management Service).
(3) The following provisions enforced by the Department
of Banking and Securities:
(i) 7 Pa.C.S. § 6131(a.1) and (f)(2) (relating to
application for license).
(ii) 12 Pa.C.S. § 6212(b)(2) (relating to initial
license application).
(iii) Section 4 of the act of April 6, 1937
(P.L.200, No.51), known as the Pawnbrokers License Act.
(iv) Section 8 of the act of April 8, 1937 (P.L.262,
No.66), known as the Consumer Discount Company Act.
(v) Section 2 of the act of September 2, 1965
(P.L.490, No.249), referred to as the Money Transmission
Business Licensing Law.
(vi) Section 301(b)(3) of the act of February 18,
1998 (P.L.146, No.22), known as the Check Cashier
Licensing Act.
(vii) Section 5(2) of the act of October 9, 2008
(P.L.1421, No.117), known as the Debt Management Services
Act.
(viii) Section 313(a) of the act of July 9, 2014
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(P.L.1022, No.118), known as the Debt Settlement Services
Act.
(4) The following provisions enforced by the Department
of Military and Veterans Affairs:
(i) 51 Pa.C.S. § 709 (relating to operation of
State-owned vehicles).
(ii) 51 Pa.C.S. § 3105 (relating to association
group life insurance for Pennsylvania National Guard).
(iii) Section 2407 of this act.
(iv) 4 Pa. Code § 39.93 (relating to general).
(v) 4 Pa. Code § 39.95 (relating to operation of
State automobiles).
(5) The following provisions enforced by the Department
of Labor and Industry:
(i) Section 449 of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act.
(ii) Section 505.1 of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law.
(iii) Section 9(a)(2)(i) and (3) and (b)(2)(i) of
the the act of October 24, 2012 (P.L.1209, No.151), known
as the Child Labor Act.
(iv) 34 Pa. Code § 101.83 (relating to notification
of filing of appeal).
(v) 34 Pa. Code § 101.110 (relating to notice of
decision of Board).
(vi) 34 Pa. Code § 101.128 (relating to scheduling
of telephone testimony).
(vii) 34 Pa. Code § 101.130 (relating to notice of
testimony by telephone and use of documents).
(6) The following provisions enforced by the Department
of Revenue:
(i) Section 903 of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971.
(ii) Section 1502 of the Tax Reform Code.
(7) Regulatory statutes, rules or regulations enforced
by the Department of Health.
(8) Regulatory statutes, rules or regulations enforced
by the Department of Human Services.
(9) Regulatory statutes, rules or regulations enforced
by the Bureau of Professional and Occupational Affairs.
(b) Applicability.--
(1) A suspension which is extended under subsection (a)
shall be retroactive to the last day that the [order]
declaration, as amended and renewed, was in effect.
(2) A suspension extended under subsection (a.1) shall
be retroactive to September 30, 2021.
(c) Notice.--Upon the termination of an extension of a
suspension under subsection (a) or (a.1), the authority which
terminated the extension of the suspension shall notify all of
the following:
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(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
administers the regulatory statute, order, rule or
regulation.
Amend Bill, page 3, lines 1 through 12, by striking out all
of said lines and inserting
(d) Reports.--
(1) No later than November 1, 2021, each authority which
initially authorized a suspension which was extended under
subsection (a) shall issue a report, which shall be published
on the authority's publicly accessible Internet website.
(2) No later than May 1, 2022, each authority which
initially authorized a suspension which was extended under
subsection (a.1) shall issue an updated report, which shall
be published on the authority's publicly accessible Internet
website.
(3) A report under this subsection shall include all of
the following:
(i) A list of each suspension which was extended
under subsections (a) and (a.1). The list under this
paragraph shall include a reference to the regulatory
statute, order, rule or regulation which was suspended.
(ii) For each suspension under subparagraph (i)
which was extended under subsection (a):
(A) Whether the extension of the suspension was
terminated under subsection (a) prior to September
30, 2021, and the date of the termination.
(B) Whether the extension of the suspension
expired on September 30, 2021.
(C) Whether the extension was extended under
subsection (a.1).
(iii) For each suspension under subparagraph (i)
which was extended under subsection (a.1):
(A) Whether the extension of the suspension was
terminated under subsection (a.1) prior to March 31,
2022, and the date of the termination.
(B) Whether the extension of the suspension
expired on March 31, 2022.
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See A02409 in
the context
of HB1861