PRINTER'S NO. 1933
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1292
Session of
2020
INTRODUCED BY FARNESE, SANTARSIERO, BLAKE, FONTANA, A. WILLIAMS,
COLLETT, HUGHES, BREWSTER, DINNIMAN, COSTA AND TARTAGLIONE,
SEPTEMBER 8, 2020
REFERRED TO BANKING AND INSURANCE, SEPTEMBER 8, 2020
AN ACT
Providing for prohibitions on financial institutions during a
declaration by the Governor of a disaster emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the PA CARES Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Disaster emergency." A declaration by the Governor of
disaster emergency under 35 Pa.C.S. § 7301(c) (relating to
general authority of Governor).
"Termination of Statewide disaster emergency." A disaster
emergency which is terminated or expires under 35 Pa.C.S. §
7301(c).
Section 3. Prohibition.
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(a) Unlawful acts.--Upon declaration of a Statewide disaster
emergency it shall be deemed unlawful for a financial
institution to do any of the following during and for 90 days
after the termination of Statewide disaster emergency:
(1) Institute foreclosure proceedings.
(2) Institute proceedings to place a lien on owner-
occupied real property.
(3) Institute proceedings to take possession of a
vehicle, appliance or other home furnishing.
(4) Charge late fees, overdraft fees or transfer fees.
(5) Report adverse credit information to a credit bureau
or credit reporting agency.
(b) Termination of Statewide disaster emergency.--Upon
declaration of a Statewide disaster emergency, a proceeding
listed under section (a) pending before the courts shall be
automatically stayed until 90 days after the termination of
Statewide disaster emergency.
(c) Violations.--A financial institution found to be in
violation of this act shall be subject to a penalty of not less
than $500 per occurrence.
Section 4. Applicability.
This act shall apply to the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any proclamation of disaster
emergency after the effective date of this section.
Section 5. Effective date.
This act shall take effect immediately.
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