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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PEIFER, BROOKS, PYLE, AUMENT, BARRAR, BLOOM, BOBACK, BOYD, R. BROWN, CALTAGIRONE, CARROLL, CAUSER, CLYMER, CUTLER, DALEY, DAVIS, DUNBAR, EVANKOVICH, EVERETT, GABLER, GEIST, GIBBONS, GILLEN, GINGRICH, GODSHALL, GOODMAN, GRELL, GROVE, HARHART, HEFFLEY, HESS, KAUFFMAN, M. K. KELLER, KILLION, LAWRENCE, MAJOR, MANN, MARSHALL, MASSER, MILLARD, MILLER, MILNE, MOUL, MUNDY, OBERLANDER, PICKETT, QUINN, REED, REICHLEY, ROAE, ROCK, ROSS, SAINATO, SAYLOR, SCAVELLO, CULVER, SIMMONS, SONNEY, STEPHENS, STERN, TALLMAN, TOEPEL, TOOHIL, VULAKOVICH, WATSON AND YOUNGBLOOD, NOVEMBER 18, 2011 |
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| REFERRED TO COMMITTEE ON COMMERCE, NOVEMBER 18, 2011 |
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| AN ACT |
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1 | Providing for the Pennsylvania Business Permitting Portal within |
2 | the Department of Community and Economic Development; and |
3 | creating the Pennsylvania Business Permitting Portal Advisory |
4 | Board. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Short title. |
8 | This act shall be known and may be cited as the Pennsylvania |
9 | Business Permitting Portal Act. |
10 | Section 2. Intent and purpose. |
11 | It is the intent of this act and its purpose shall be: |
12 | (1) To provide one-stop services to assist businesses in |
13 | identifying and securing appropriate permits, licenses, |
14 | certifications, applications, forms and registrations needed |
15 | to establish and operate a business in this Commonwealth. |
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1 | (2) To establish the Pennsylvania Business Permitting |
2 | Portal to provide an electronic single access point to aid |
3 | existing and potential business owners in completing the |
4 | various business registration forms and permit applications |
5 | required to establish and operate a business in this |
6 | Commonwealth. |
7 | (3) To provide for the compilation of a comprehensive |
8 | listing of all permits required by Commonwealth agencies and |
9 | categorize the required permits into a format that is readily |
10 | available to business owners. |
11 | (4) To promote efficient dialogue between permit |
12 | applicants and the Commonwealth agency responsible for the |
13 | review of permit applications. |
14 | Section 3. Definitions. |
15 | The following words and phrases when used in this act shall |
16 | have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | "Commonwealth agencies." Any office, department, authority, |
19 | board or commission of the Executive Department of the |
20 | Commonwealth. |
21 | "Department." The Department of Community and Economic |
22 | Development of the Commonwealth. |
23 | "Individual business account." A secure online account |
24 | maintained by the Department of Community and Economic |
25 | Development to store individualized information relating to a |
26 | business's activities through the permitting portal. |
27 | "Local permitting authorities." Any municipality or |
28 | municipal authority which has the authority to issue a permit. |
29 | "Permit." The whole, part or the renewal of any permit, |
30 | certificate, license, approval, registration, charter or any |
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1 | other form of permission issued by a Commonwealth agency to |
2 | allow for the operation of a business in this Commonwealth. |
3 | "Permit application." Any request to a Commonwealth agency |
4 | which is necessary to obtain a permit. |
5 | "Permitting portal." The Pennsylvania Business Permitting |
6 | Portal established under section 4. |
7 | "Secretary." The Secretary of the Community and Economic |
8 | Development. |
9 | Section 4. Establishment of the Pennsylvania Business |
10 | Permitting Portal. |
11 | (a) Establishment.--The department shall establish the |
12 | Pennsylvania Business Permitting Portal to provide a single |
13 | online access point to aid existing and potential business |
14 | owners in completing the necessary permit applications |
15 | associated with establishing and operating a business in this |
16 | Commonwealth. |
17 | (b) Permitting portal functions.--The permitting portal |
18 | shall, at a minimum, allow for the following: |
19 | (1) The creation of an individual business account to |
20 | store general information on the business, which will be used |
21 | to automatically fill in recurring fields on a permit |
22 | application. |
23 | (2) The electronic submission of a permit application. |
24 | (3) The electronic submission of permit fees or fines. |
25 | (4) The tracking of status of payments from Commonwealth |
26 | agencies to contractors. |
27 | (5) The tracking of pending permit applications. |
28 | (6) The recording of electronic signatures. |
29 | (7) Access to customized, agency-created to-do |
30 | checklists specific to the individual business account. |
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1 | (8) Online interaction with the department to resolve |
2 | difficulties with the permitting portal. |
3 | (9) Online interaction with Commonwealth agencies to |
4 | resolve questions relating to permit applications. |
5 | (10) The protection of the confidentiality of all |
6 | information submitted through the permitting portal. |
7 | (11) The recording of backup records of all activities, |
8 | including time-stamp information on the submission of permit |
9 | applications. |
10 | (12) The listing of information relating to local permit |
11 | application information for relevant local permitting |
12 | authorities. |
13 | Section 5. Cooperation between the department and Commonwealth |
14 | agencies. |
15 | (a) Permit identification.--The department shall coordinate |
16 | with the Commonwealth agencies to identify permits that are: |
17 | (1) Appropriate for inclusion in the permitting portal. |
18 | (2) Compatible with or that may be made compatible with |
19 | the permitting portal. |
20 | (b) Cooperation.--The department and Commonwealth agencies |
21 | shall cooperate in good faith to integrate the maximum number of |
22 | permits into the permitting portal. |
23 | Section 6. Preservation of Commonwealth agency authority. |
24 | (a) Existing regulatory authority.--This act shall not |
25 | supersede any regulatory authority granted to any Commonwealth |
26 | agency. |
27 | (b) Existing permit authority.--A Commonwealth agency listed |
28 | on the department's portal shall maintain final authority to do |
29 | the following: |
30 | (1) Determine the permits appropriate for inclusion on |
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1 | the permitting portal. |
2 | (2) Approve or deny permits according to applicable law. |
3 | (3) Determine the requirements for submission and |
4 | payment of permit application fees and fines. |
5 | Section 7. Liability. |
6 | This act shall not impose any liability on the department |
7 | resulting from the operation of the permitting portal. |
8 | Section 8. Pennsylvania Business Permitting Portal Advisory |
9 | Board. |
10 | (a) Establishment.--There is established within the |
11 | department an advisory board known as the Pennsylvania Business |
12 | Permitting Portal Advisory Board. |
13 | (b) Duties.--The board shall advise the department on ways |
14 | to ensure that the permitting portal system is operated in an |
15 | effective and user-friendly manner for existing and potential |
16 | business owners. |
17 | (c) Membership.--The board shall consist of seven members as |
18 | follows: |
19 | (1) The Secretary of Community and Economic Development |
20 | or his designee. |
21 | (2) One member appointed by the President pro tempore of |
22 | the Senate. |
23 | (3) One member appointed by the Minority Leader of the |
24 | Senate. |
25 | (4) One member appointed by the Speaker of the House of |
26 | Representatives. |
27 | (5) One member appointed by Minority Leader of the House |
28 | of Representatives. |
29 | (6) One member appointed by the Governor representing |
30 | small business. |
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1 | (7) One member appointed by the Governor representing |
2 | business or industry. |
3 | (d) Chairperson.--The secretary or his designee shall serve |
4 | as the chairperson. The board may elect additional officers as |
5 | it deems necessary. |
6 | (e) Terms.--Members shall serve without compensation at the |
7 | pleasure of the respective appointing authority, but shall be |
8 | reimbursed for expenses. |
9 | Section 23. Effective date. |
10 | This act shall take effect in 60 days. |
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