PRINTER'S NO. 2650
No. 2121 Session of 1991
INTRODUCED BY G. SNYDER, PERZEL, BILLOW, CAPPABIANCA, MERRY,
HERMAN, FLEAGLE, HAGARTY, TRELLO, DEMPSEY, BIRMELIN, BUSH,
FARMER, GEIST, NAILOR, RAYMOND, ALLEN, NAHILL, FOX, LANGTRY,
PHILLIPS, WOZNIAK, ARMSTRONG, ANGSTADT, HERSHEY, SAURMAN,
NOYE, E. Z. TAYLOR, PRESTON, CLYMER, CORNELL, BATTISTO,
JOHNSON, D. W. SNYDER, KING, SERAFINI, BARLEY, LEE, FREEMAN,
BUNT, LEH, SCHULER, FARGO, B. SMITH, NICKOL, FOSTER AND
HALUSKA, NOVEMBER 12, 1991
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE,
NOVEMBER 12, 1991
AN ACT
1 Providing for the obtaining of permits by businesses; and
2 imposing duties on the Department of Commerce.
3 It is the sense of the General Assembly that the burdens
4 placed upon persons proposing to undertake certain types of
5 businesses in this Commonwealth through requirements to obtain
6 numerous permits and related documents from various State
7 agencies are undesirable and should be alleviated. The General
8 Assembly further finds that present methods for obtaining the
9 permits from State agencies place hardships on persons
10 attempting to go into business for themselves. The General
11 Assembly further finds that multiple inspections related to
12 these permits by the various State agencies are also a burden on
13 many businesses which should be alleviated.
14 It is hereby declared to be the policy of the Commonwealth
1 that a program be established to seek to alleviate these
2 problems for businesses.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the One-Stop
7 Licensing Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Commerce of the
13 Commonwealth.
14 "Permit." Any license, permit, certificate, certification,
15 approval, compliance schedule or other similar document
16 pertaining to regulation of businesses in general, plus all
17 health, safety and consumer protection regulations as required
18 by any State agency. For purposes of this act, the term does not
19 include licenses issued by the Bureau of Motor Vehicles of the
20 Department of Transportation.
21 "Person." Any individual, partnership, cooperative or
22 private corporation attempting to establish a business operation
23 in a new location or seeking to continue an existing business
24 operation.
25 Section 3. Master application; form; master permit; total fee;
26 agencies covered; renewal.
27 (a) Master application.--Any person proposing a new business
28 operation after June 1, 1992, shall submit a master application
29 to the department requesting the issuance of all permits
30 necessary prior to opening a new operation in this Commonwealth.
19910H2121B2650 - 2 -
1 The master application shall be on a form furnished by the
2 department and shall contain in consolidated form all
3 information necessary for the various State agencies to issue a
4 permit. These provisions shall apply to persons seeking to
5 continue an existing operation after January 1, 1993.
6 (b) Department to send copy to State agencies.--Upon receipt
7 of a properly completed master application, the department shall
8 immediately send a copy to each State agency with potential
9 jurisdiction over the proposed operation. Each notified agency
10 shall respond in writing to the department within a reasonable
11 time, as determined by the department, advising the department
12 and the applicant:
13 (1) that it approves the application;
14 (2) that it approves with certain conditions as
15 specified; or
16 (3) that it denies the application with reasons given
17 for the denial.
18 The department shall then issue a master permit covering all the
19 approvals and conditions, excluding any denials. It shall be the
20 responsibility of the applicant to make appeals on conditions
21 imposed or on permit denial through that normal appeal process
22 established by the agency with jurisdiction for issuance of such
23 permit.
24 (c) Fees.--A total fee based on the sum of fees for
25 individual permits requested shall accompany each master
26 application and shall be collected by the department and used to
27 reimburse the various State agencies as per their schedules. The
28 issuance of a master permit shall be in lieu of any permit,
29 certificate or similar document required by any agency listed in
30 subsection (d).
19910H2121B2650 - 3 -
1 (d) Agencies enumerated.--All permits and inspections
2 related to business operations by the following State agencies
3 shall be covered under this act:
4 (1) Department of Revenue.
5 (2) Department of Labor and Industry.
6 (3) Department of Commerce.
7 (4) Department of Agriculture.
8 (5) Department of State.
9 (6) Pennsylvania Liquor Control Board.
10 (7) Pennsylvania Public Utility Commission.
11 (8) Department of Transportation.
12 (9) Any other State agency that may now or in the future
13 issue permits or make inspections of business operations, but
14 nothing in this section shall be construed to eliminate State
15 or local government health or safety inspections.
16 (e) Expiration of permits.--All individual permits covered
17 by this act shall expire according to a staggered schedule to be
18 specified by the Department of Commerce. Costs for permits
19 issued in the interim will be prorated according to the time
20 each permit is in force.
21 (f) Renewal of permits.--Starting January 1, 1992, annual
22 renewals for all individual permits shall be replaced by a
23 master permit issued by the Department of Commerce. Renewals
24 shall be automatically granted under conditions originally
25 imposed unless one of the regulatory agencies informs the
26 department of revised restrictions to be imposed prior to such
27 issuance.
28 Section 4. Coordination and consolidation of inspections.
29 The Secretary of Revenue is authorized to establish a program
30 for coordinating all inspections by State agencies of business
19910H2121B2650 - 4 -
1 establishments. Where practicable under existing law, he is
2 authorized to require that inspections with similar objectives
3 or involving common expertise be consolidated and performed by
4 one inspector at one time. The secretary shall be authorized to
5 provide special training to inspectors where it is determined
6 that such training will assure the consolidation of certain
7 inspections.
8 Section 5. Permit-issuing centers.
9 The department shall establish permit-issuing centers in its
10 offices at Harrisburg and in cooperation with the Department of
11 Revenue, in all of the district offices of the Department of
12 Revenue.
13 Section 6. Report to General Assembly.
14 The department, after consultation with other State agencies
15 and affected businesses, shall submit to the General Assembly by
16 January 1, 1993, a report setting forth the results of the
17 experience under this act, together with any recommendations
18 for:
19 (1) Consolidating inspections further by change in
20 existing statutes.
21 (2) Expanding the program to include other types of
22 permits.
23 (3) Further improving procedures.
24 Section 7. Effective date.
25 This act shall take effect immediately.
J21L12PJP/19910H2121B2650 - 5 -