PRIOR PRINTER'S NOS. 1757, 1785, 1794 PRINTER'S NO. 2000
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 18, 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 BUREAU OR the appropriate [agency <--
1 [authorized to make such changes.] BOARD OR COMMISSION AS <--
2 PROVIDED IN SUBSECTION (B), notwithstanding the provisions of
3 any other act to the contrary. Any such regulation shall be
4 subject to review in accordance with the act of June 25, 1982
5 (P.L.633, No.181), known as the "Regulatory Review Act."
6 (b) (1) If the projected revenues to be REVENUES generated <--
7 by a board or commission will not be ARE NOT sufficient to match <--
8 projected expenditures over a two-year period, the appropriate <--
9 agency BOARD OR COMMISSION shall increase the fees for that <--
10 board or commission by regulation, subject to review in
11 accordance with the "Regulatory Review Act," such that the
12 projected revenues will meet or exceed projected expenditures.
13 including repayment to the Professional Licensure Augmentation <--
14 Account of any moneys used to finance the operation of that
15 board or commission until sufficient revenues have been received
16 to meet expenditures.
17 (2) IF THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS <--
18 DETERMINES THAT THE FEES ESTABLISHED BY THE BOARD OR COMMISSION
19 ARE INADEQUATE TO MEET THE MINIMUM ENFORCEMENT EFFORTS REQUIRED
20 OF SUCH BOARD OR COMMISSION, THEN THE BUREAU, AFTER CONSULTATION
21 WITH THE BOARD OR COMMISSION SHALL INCREASE THE FEES FOR THAT
22 BOARD OR COMMISSION BY REGULATION, SUBJECT TO REVIEW IN
23 ACCORDANCE WITH THE "REGULATORY REVIEW ACT," SUCH THAT ADEQUATE
24 REVENUES ARE RAISED TO MEET THE REQUIRED ENFORCEMENT EFFORT.
25 Section 301. Professional Licensure Augmentation Account.
26 Beginning July 1, 1978 and thereafter, all moneys collected
27 by the Bureau of Professional and Occupational Affairs shall be
28 paid into the Professional Licensure Augmentation Account which
29 is hereby created and which shall be a special restricted
30 receipts account within the General Fund. Beginning January 1,
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1 1984, and thereafter, all interest earned on such moneys shall
2 be paid into such special restricted receipts account. Moneys in
3 such account shall be used only for the support of the operation
4 of the bureau and the various regulatory boards.
5 Section 303. Budget preparation.
6 In preparing the proposed budget for bureau operations for
7 each year, the Commissioner of Professional and Occupational
8 Affairs shall consult with the boards and commissions under his
9 jurisdiction to determine their budgetary requirements for the
10 upcoming year. Each board and commission shall annually submit
11 to the House and Senate Appropriations Committees, 15 days after
12 the Governor has submitted his budget to the General Assembly, a
13 copy of the budget request for the upcoming fiscal year which
14 the board or commission previously submitted to the
15 commissioner. The commissioner shall submit for each board of
16 the bureau, in addition to any information requested or
17 prescribed by the Secretary of the Budget, Secretary of the
18 Commonwealth, the Chairman of the House Appropriations Committee
19 and the Chairman of the Senate Appropriations Committee, the
20 following information, for the most recent fiscal year:
21 (1) number of applications for licenses received;
22 (2) number of new and renewal licenses issued;
23 (3) number of applicants failing to qualify for licenses;
24 (4) number of inspections completed;
25 (5) number of violations cited;
26 (6) number of violations corrected;
27 (7) licensees prosecuted;
28 (8) amount of expenditures incurred, classified in terms
29 of administration, enforcement and investigation;
30 (9) the amount of fee revenue by type of license issued;
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1 (10) personnel complement filled and vacant; and
2 (11) number of applications not processed by June 30 of the
3 previous fiscal year.
4 Section 2. All acts and parts of acts are repealed insofar
5 as they are inconsistent with this act.
6 Section 3. This act shall take effect January 1, 1984.
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