H2401B2969A05284 SFR:EJH 06/30/22 #90 A05284
AMENDMENTS TO HOUSE BILL NO. 2401
Sponsor: SENATOR K. WARD
Printer's No. 2969
Amend Bill, page 1, line 10, by inserting after "licensure"
; providing for COVID-19 regulatory flexibility authority; and
making a related repeal
Amend Bill, page 3, by inserting between lines 4 and 5
Section 2. The act is amended by adding a chapter to read:
CHAPTER 8-A
COVID-19 REGULATORY FLEXIBILITY AUTHORITY
Section 801-A. Definitions.
The following words and phrases when used in this chapter
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.
"Declaration." 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.
"Federal public health emergency declaration." The
determination made on January 31, 2020, by the United States
Secretary of Health and Human Services under section 319 of the
Public Health Service Act (58 Stat. 682, 42 U.S.C. § 247d) that
a public health emergency exists relating to COVID-19 and any
renewal of the determination.
Section 802-A. COVID-19 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 a Commonwealth agency which
was suspended under 35 Pa.C.S. § 7301(f)(1) (relating to general
authority of Governor) as of the last day that the declaration,
as amended and renewed, was in effect is extended until
September 30, 2021, unless sooner terminated by the authority
which initially authorized the suspension.
(a.1) Additional temporary extensions.--The following
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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 Casher
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
(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:
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(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 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.
(a.2) Additional temporary extensions.--The following
suspensions of regulatory statutes, rules and regulations
extended under subsection (a.1) which are in effect on March 31,
2022, are extended until June 30, 2022, unless sooner terminated
by the authority which initially authorized the suspension:
(1) (Reserved).
(2) (Reserved).
(3) The following provisions enforced by the Department
of Banking and Securities:
(i) 7 Pa.C.S. § 6131(a.1) and (f)(2).
(ii) 12 Pa.C.S. § 6212(b)(2).
(iii) Section 4 of the Pawnbrokers License Act.
(iv) Section 8 of the Consumer Discount Company Act.
(v) Section 2 of the Money Transmission Business
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Licensing Law.
(vi) Section 301(b)(3) of the Check Casher Licensing
Act.
(vii) Section 5(2) of the Debt Management Services
Act.
(viii) Section 313(a) of the Debt Settlement
Services Act.
(4) The following provisions enforced by the Department
of Military and Veterans Affairs:
(i) 51 Pa.C.S. § 709.
(ii) 51 Pa.C.S. § 3105.
(iii) Section 2407 of this act.
(iv) 4 Pa. Code § 39.93.
(v) 4 Pa. Code § 39.95.
(5) The following provisions enforced by the Department
of Labor and Industry:
(i) (Reserved).
(ii) Section 505.1 of the Unemployment Compensation
Law.
(iii) Section 9(a)(2)(i) and (3) and (b)(2)(i) of
the Child Labor Act.
(iv) 34 Pa. Code § 101.83.
(v) (Reserved).
(vi) 34 Pa. Code § 101.128.
(vii) 34 Pa. Code § 101.130.
(6) (Reserved).
(7) Regulatory statutes, rules or regulations enforced
by the Department of Health other than suspensions extended
under subsection (a.3).
(8) Regulatory statutes, rules or regulations enforced
by the Department of Human Services other than suspensions
extended under subsection (a.3).
(9) Regulatory statutes, rules or regulations enforced
by the Bureau of Professional and Occupational Affairs other
than suspensions extended under subsection (a.3).
(a.3) Additional extensions relating to Federal public
health emergency declaration.--Suspensions of regulatory
statutes, rules and regulations extended under subsection (a.1)
which are in effect on March 31, 2022, and which are related to
Federal exemptions granted under the Federal public health
emergency declaration are extended until the later of the
following, unless sooner terminated by the authority that
initially authorized the suspension:
(1) the last day of the Federal public health emergency
declaration; or
(2) the last day Federal exemptions granted under the
Federal public health emergency declaration are authorized.
(a.4) Additional temporary extensions.--The following
suspensions of regulatory statutes, rules and regulations
extended under subsection (a.1) which are in effect on June 30,
2022, are extended until October 31, 2022, unless sooner
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terminated by the authority which initially authorized the
suspension:
(1) (Reserved).
(2) (Reserved).
(3) The following provisions enforced by the Department
of Banking and Securities:
(i) 7 Pa.C.S. § 6131(a.1) and (f)(2).
(ii) (Reserved).
(iii) (Reserved).
(iv) (Reserved).
(v) (Reserved).
(vi) (Reserved).
(vii) (Reserved).
(viii) (Reserved).
(4) The following provisions enforced by the Department
of Military and Veterans Affairs:
(i) 51 Pa.C.S. § 709.
(ii) 51 Pa.C.S. § 3105.
(iii) Section 2407 of this act.
(iv) 4 Pa. Code § 39.93.
(v) 4 Pa. Code § 39.95.
(5) The following provisions enforced by the Department
of Labor and Industry:
(i) (Reserved).
(ii) Section 505.1 of the Unemployment Compensation
Law.
(iii) Section 9(a)(2)(i) and (3) and (b)(2)(i) of
the Child Labor Act.
(iv) 34 Pa. Code § 101.83.
(v) (Reserved).
(vi) 34 Pa. Code § 101.128.
(vii) 34 Pa. Code § 101.130.
(6) (Reserved).
(7) Regulatory statutes, rules or regulations enforced
by the Department of Health other than suspensions extended
under subsection (a.3).
(8) Regulatory statutes, rules or regulations enforced
by the Department of Human Services other than suspensions
extended under subsection (a.3).
(9) Regulatory statutes, rules or regulations enforced
by the Bureau of Professional and Occupational Affairs other
than suspensions extended under subsection (a.3).
(b) Applicability.--
(1) A suspension which is extended under subsection (a)
shall be retroactive to the last day that the 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 or a
suspension under subsection (a), (a.1), (a.2), (a.3) or (a.4),
the authority which terminated the extension of the suspension
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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
administers the regulatory statute, order, rule or
regulation.
(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 31, 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 and shall be provided to each member of the General
Assembly.
(2.1) No later than August 31, 2022, each authority
which initially authorized a suspension which was extended
under subsection (a.2) shall issue an updated report, which
shall be published on the authority's publicly accessible
Internet website and shall be provided to each member of the
General Assembly.
(2.2) No later than 60 days after the last day that the
Federal public health emergency declaration is in effect,
each authority which initially authorized a suspension which
was extended under subsection (a.3) shall issue an updated
report, which shall be published on the authority's publicly
accessible Internet website and shall be provided to each
member of the General Assembly.
(2.3) No later than December 31, 2022, each authority
which initially authorized a suspension which was extended
under subsection (a.4) shall issue an updated report, which
shall be published on the authority's publicly accessible
Internet website and shall be provided to each member of the
General Assembly.
(3) A report under this subsection shall include all of
the following:
(i) A list of each suspension which was extended
under subsections (a), (a.1), (a.2), (a.3) and (a.4). 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):
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(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.
(C) Whether the extension was extended under
subsection (a.2).
(D) Whether the extension was extended under
subsection (a.3).
(E) Whether the authority recommends that the
policy underlying the suspension be enacted
permanently into statute or regulation. The authority
may include analysis related to the recommendation.
(iv) For each suspension under subparagraph (i)
which was extended under subsection (a.2):
(A) Whether the extension of the suspension was
terminated under subsection (a.2) prior to June 30,
2022, and the date of the termination.
(B) Whether the extension of the suspension
expired on June 30, 2022.
(C) Whether the extension was extended under
subsection (a.4).
(v) For each suspension under subparagraph (i) which
was extended under subsection (a.3):
(A) Whether the extension of the suspension was
terminated under subsection (a.3) prior to the last
day that the Federal public health emergency
declaration is in effect and the date of the
termination.
(B) If applicable, the last day that the Federal
public health emergency declaration is in effect.
(vi) For each suspension under subparagraph (i)
which was extended under subsection (a.4):
(A) Whether the extension of the suspension was
terminated under subsection (a.4) prior to October
31, 2022, and the date of the termination.
(B) Whether the extension of the suspension
expired on October 31, 2022.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
Chapter 8-A of the act.
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(2) Article XXI-F of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is
repealed.
Amend Bill, page 3, line 5, by striking out "2" and inserting
4
Amend Bill, page 3, line 8, by striking out "3" and inserting
5
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