PRIOR PRINTER'S NOS. 1757, 1785 PRINTER'S NO. 1794
No. 1446 Session of 1983
INTRODUCED BY LLOYD, IRVIS, MANDERINO, McMONAGLE, OLIVER,
CALTAGIRONE, SEVENTY, LINTON, MRKONIC, TRUMAN, RIEGER,
McINTYRE, MURPHY, BLAUM AND GRUITZA, SEPTEMBER 20, 1983
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 1983
AN ACT
1 Amending the act of July 1, 1978 (P.L.700, No.124), entitled "An
2 act enumerating certain fees and charges to be imposed for
3 activities regulated by the Bureau of Professional and
4 Occupational Affairs of the Department of State, providing
5 for the appointment and term of Office of the Commissioner of
6 Professional and Occupational Affairs, creating the
7 Professional Licensure Augmentation Account and providing for
8 its administration and making certain repeals," further
9 providing for the Professional Licensure Augmentation Account
10 and for budget preparation.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 201, 301 and 303 of the act of July 1, <--
14 1978 (P.L.700, No.124), known as the Bureau of Professional and
15 Occupational Affairs Fee Act, are amended to read:
16 SECTION 201. FEE SCHEDULES. <--
17 (A) THE FEES FOR THE FOLLOWING ACTIVITIES REGULATED BY THE
18 BOARDS AND COMMISSIONS WITHIN THE BUREAU OF PROFESSIONAL AND
19 OCCUPATIONAL AFFAIRS OF THE DEPARTMENT OF STATE SHALL BE AS
20 SPECIFIED IN THIS CHAPTER UNTIL SUCH TIME AS THEY ARE CHANGED BY
21 LAW OR BY REGULATION OF THE APPROPRIATE AGENCY [AUTHORIZED TO
1 MAKE SUCH CHANGES.], NOTWITHSTANDING THE PROVISIONS OF ANY OTHER
2 ACT TO THE CONTRARY. ANY SUCH REGULATION SHALL BE SUBJECT TO
3 REVIEW IN ACCORDANCE WITH THE ACT OF JUNE 25, 1982 (P.L.633,
4 NO.181), KNOWN AS THE "REGULATORY REVIEW ACT."
5 (B) IF THE PROJECTED REVENUES TO BE GENERATED BY A BOARD OR
6 COMMISSION WILL NOT BE SUFFICIENT TO MATCH PROJECTED
7 EXPENDITURES OVER A TWO-YEAR PERIOD, THE APPROPRIATE AGENCY
8 SHALL INCREASE THE FEES FOR THAT BOARD OR COMMISSION BY
9 REGULATION, SUBJECT TO REVIEW IN ACCORDANCE WITH THE "REGULATORY
10 REVIEW ACT," SUCH THAT THE PROJECTED REVENUES WILL MEET OR
11 EXCEED PROJECTED EXPENDITURES, INCLUDING REPAYMENT TO THE
12 PROFESSIONAL LICENSURE AUGMENTATION ACCOUNT OF ANY MONEYS USED
13 TO FINANCE THE OPERATION OF THAT BOARD OR COMMISSION UNTIL
14 SUFFICIENT REVENUES HAVE BEEN RECEIVED TO MEET EXPENDITURES.
15 Section 301. Professional Licensure Augmentation Account.
16 Beginning July 1, 1978 and thereafter, all moneys collected
17 by the Bureau of Professional and Occupational Affairs shall be
18 paid into the Professional Licensure Augmentation Account which
19 is hereby created and which shall be a special restricted
20 receipts account within the General Fund. Beginning January 1,
21 1984, and thereafter, all interest earned on such moneys shall
22 be paid into such special restricted receipts account. Moneys in
23 such account shall be used only for the support of the operation
24 of the bureau and the various regulatory boards.
25 Section 303. Budget preparation.
26 In preparing the proposed budget for bureau operations for
27 each year, the Commissioner of Professional and Occupational
28 Affairs shall consult with the boards and commissions under his
29 jurisdiction to determine their budgetary requirements for the
30 upcoming year. Each board and commission shall annually submit
19830H1446B1794 - 2 -
1 to the House and Senate Appropriations Committees, 15 days after
2 the Governor has submitted his budget to the General Assembly, a
3 copy of the budget request for the upcoming fiscal year which
4 the board or commission previously submitted to the
5 commissioner. The commissioner shall submit for each board of
6 the bureau, in addition to any information requested or
7 prescribed by the Secretary of the Budget, Secretary of the
8 Commonwealth, the Chairman of the House Appropriations Committee
9 and the Chairman of the Senate Appropriations Committee, the
10 following information, for the most recent fiscal year:
11 (1) number of applications for licenses received;
12 (2) number of new and renewal licenses issued;
13 (3) number of applicants failing to qualify for licenses;
14 (4) number of inspections completed;
15 (5) number of violations cited;
16 (6) number of violations corrected;
17 (7) licensees prosecuted;
18 (8) amount of expenditures incurred, classified in terms
19 of administration, enforcement and investigation;
20 (9) the amount of fee revenue by type of license issued;
21 (10) personnel complement filled and vacant; and
22 (11) number of applications not processed by June 30 of the
23 previous fiscal year.
24 SECTION 2. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR <--
25 AS THEY ARE INCONSISTENT WITH THIS ACT.
26 Section 2 3. This act shall take effect January 1, 1984. <--
H16L63JAM/19830H1446B1794 - 3 -