THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, COSTA, HUGHES, KASUNIC, TARTAGLIONE, FONTANA, BREWSTER, FARNESE, FERLO, KITCHEN, SOLOBAY, STACK, WOZNIAK AND YUDICHAK, APRIL 8, 2011

REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, APRIL 8, 2011  

AN ACT

Amending Title 12 (Commerce and Trade) of the Pennsylvania

Consolidated Statutes, further providing for Small Business

Council and for regulatory review.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 503(a), (f), (i) and (j) and 504 of

Title 12 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 503.  Small Business Council.

(a)  Establishment.--There is established within the

department an agency to be known as the Small Business Council.

The council shall do all of the following:

(1)  Assist with the development of policies and

regulations which affect small businesses within this

Commonwealth.

(2)  Provide advice relating to the nature of small

business practices and problems in this Commonwealth by

submitting a biennial report to the Governor, the General

Assembly and each referenced executive agency.

(3)  [Provide a review of existing and proposed] Review

existing executive agency policies and regulations which are

relevant to small business and provide recommendations to the

executive agency regarding addition, deletion or amendment of

such policies and regulations.

(4)  Review proposed regulations and other information

submitted to the council by an executive agency under section

504 (relating to regulatory review) and, as applicable,

submit comments, recommendations or objections relating to

the regulation to the executive agency.

* * *

(f)  Meetings.--The council shall meet no less than quarterly 

at the call of the chairperson.

* * *

(i)  Administrative assistance.--The department shall do all

of the following:

(1)  Provide staff, administrative services and technical

support [to the council] as necessary for the council to

carry out its duties under this chapter.

(2)  Publish notice of council meetings in accordance

with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(3)  Maintain a mailing list of persons who have

requested specific notification of meetings and activities of

the council.

(4)  Designate a deputy secretary to attend council

meetings and to serve as the public's liaison of the council.

(j)  Cooperation.--[Upon] In addition to the requirements

under section 504 and upon the council's request, an executive

agency shall provide the council with officially promulgated

regulatory and nonregulatory documents which regulate or would

regulate small businesses.

§ 504.  Regulatory review.

(a)  Notification.--[To the extent known to the secretary,

the department shall, on a semiannual basis, provide the council

with a list of regulations being proposed by all executive

agencies which may affect small businesses in this Commonwealth]

Each executive agency shall submit to the council a copy of any

proposed regulation and regulatory analysis form submitted to

the Independent Regulatory Review Commission under section 5(a)

of the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act. The executive agency shall also submit to

the council all comments relating to the proposed regulation

received by the agency under section 5(c) of the Regulatory

Review Act.

(b)  Conference.--[The department shall, upon request of the

council, arrange a meeting between the council and

representatives of an executive agency] Upon request of the

council, representatives of an executive agency shall meet with

the council to discuss regulatory proposals and policy

initiatives of the executive agency which might affect small

businesses in this Commonwealth. The council shall meet with

each executive agency at least once every four years.

(c)  Written comments.--The council [shall provide the

department with] may convey to the executive agency written

comments regarding the council's position on the proposed

regulations, including any recommendations regarding or

objecting to the regulation. The [department] council shall

transmit the comments to the appropriate executive [agencies]

agency within the time period set forth under section 5(g) of

the Regulatory Review Act. The written comments shall include an

impact statement and any other information which the council

deems necessary for the public to make an informed opinion on

the proposals.

(d)  Exceptions.--The requirements under subsections (a) and

(b) shall not apply to the promulgation of the following

regulations relating to small businesses:

(1)  Regulations required by court order.

(2)  Regulations necessitated by a Federal or State

declaration of emergency.

(3)  Interim regulations which are authorized by statute.

Section 2.  This act shall take effect in 60 days.