Regular Session 2021-2022 House Bill 1930 P.N. 2201

PRINTER'S NO. 2201

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1930

Session of

2021

INTRODUCED BY WARREN, HILL-EVANS, GALLOWAY, DRISCOLL, SANCHEZ,

A. BROWN, KULIK, KENYATTA, FREEMAN, CIRESI, DELLOSO, CONKLIN,

MATZIE, HOHENSTEIN, A. DAVIS, SCHLOSSBERG, HOWARD, O'MARA,

NEILSON, LONGIETTI, KINSEY, PISCIOTTANO, SCHWEYER AND

HEFFLEY, SEPTEMBER 29, 2021

REFERRED TO COMMITTEE ON COMMERCE, SEPTEMBER 29, 2021

AN ACT

Providing for the Made in PA Program, for duties and authority

of Department of Community and Economic Development, for

application process and for costs; establishing the Made in

PA Fund; and providing for civil penalties, for injunctive

relief and for rules and regulations.

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 Made in PA

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:

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Fund." The Made in PA Fund established in section 8.

"Made in PA logo." One or more logos developed by the

department that:

(1) consist of the phrase "Made in PA" or "Made in

Pennsylvania"; and

(2) may include specific graphic designs or artwork as

part of the program.

"Member." A qualified entity that is subject to a current

Made in PA membership agreement with the department.

"Pennsylvania-made commodity." Tangible products that are

produced, manufactured or assembled in this Commonwealth by a

business and are transported or intended to be transported in

commerce.

"Program." The Made in PA Program.

"Qualified entity." A business that:

(1) offers a Pennsylvania-made commodity that has been

produced, manufactured or assembled by the business;

(2) has a physical business location within this

Commonwealth; and

(3) is in good standing with the Department of Revenue

and is current on all State taxes.

Section 3. Made in PA program.

(a) Established.--The Made in PA Program is established in

the department. The department shall administer the program in

accordance with this act.

(b) Made in PA logo trademark.--The department shall take

the actions necessary and appropriate to create, register,

maintain, license, promote and protect a Made in PA logo

trademark. The trademarked logo may be used in connection with

the sale, marketing and promotion of a member's Pennsylvania-

made commodity under the member's membership agreement with the

department.

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Section 4. Member qualification.

To become a member, a business must:

(1) submit an application on a form provided by the

department;

(2) receive certification from the department that it is

a qualified entity;

(3) meet any other qualifications deemed necessary by

the department; and

(4) enter into a membership agreement with the

department.

Section 5. Duties and authority of department.

(a) Authority to enter into Made in PA membership

agreements.--The department:

(1) Shall enter into a membership agreement with a

business which qualifies for membership under section 4.

(2) May periodically review a membership agreement to

determine if the terms are being met.

(3) May unilaterally terminate any membership agreement

upon a determination that the membership agreement has been

violated by the member.

(b) Cooperative activities.--

(1) The department may engage in cooperative activities

to implement and advance the purposes of this act. The

department and the Department of Agriculture shall coordinate

the administration of the programs authorized by this act and

3 Pa.C.S. Ch. 46 (relating to Pennsylvania Preferred®

Trademark) and shall work jointly in the furtherance of the

interests of manufacturing and agriculture in this

Commonwealth.

(2) Nothing contained in this act may be construed to

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supersede or restrict the provisions of 3 Pa.C.S. Ch. 46 and

the duties and operations of the Department of Agriculture.

shall apply:

(1) The department shall compile a list of the qualified

entities who become members under this act. The list shall be

made available to the public on the department's publicly

accessible Internet website and for other public distribution

as the department approves.

(2) The list compiled under paragraph (1) shall be

updated every three months and include:

(i) the Pennsylvania-made commodity offered;

(ii) contact information for the member that may

include an Internet website link; and

(iii) one or more methods through which the

Pennsylvania-made commodity may be purchased.

Section 6. Member agreements process.

A membership agreement under this act shall be effective for

one year from the date upon which the agreement is executed and

may be renewed. The agreement shall contain provisions allowing

a member to terminate the membership agreement upon 60 days'

advance written notice to the department.

Section 7. Costs and fees.

(a) Membership fee.--The department may charge an annual fee

to businesses that are members in the program.

(b) Charge for costs.--The department may charge a member

for costs incurred by the department in connection with the

member's participation in an activity, trade show, exhibition or

other promotional event conducted or facilitated by the

department. The charge shall reasonably reflect the costs

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incurred by the department in facilitating the member's

participation and may include the costs as proportional shares

of event registration fees, equipment rental fees, display area

rental fees and related costs.

charge a member for costs of Made in PA promotional materials

provided by the department at the request of the member.

Section 8. Made in PA Fund.

(a) Establishment.--The Made in PA Fund is established in

the State Treasury. The fund shall be an interest-bearing

restricted revenue account. The following money shall be

deposited into the fund:

(1) Money appropriated or given for the purpose

established under this act by the Federal Government, the

Commonwealth, any other government agency or any private or

public entity or person.

(2) Funds derived from the costs and fees established

under section 7.

(3) Funds derived from civil penalties collected by the

department under section 9.

(4) Interest and earnings received from investment or

deposit of money in the fund.

(b) Appropriation.--Money in the fund is hereby appropriated

to the department on a continuing basis for the purpose of this

act. The interest and earnings received from investment or

deposit of the money in the fund shall be paid into the account

for the purpose authorized by this section. Unexpended money and

interest or earnings on the money in the fund may not be

transferred or revert to the General Fund, but shall remain in

the account to be used by the department for the purpose

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specified under this section.

(1) promote Pennsylvania-made commodities;

(2) promote Made in PA as an identification of origin

and quality;

(3) promote Pennsylvania-made commodities with respect

to which the Made in PA logo is licensed;

(4) pay costs associated with monitoring the use of the

Made in PA logo to prohibit the unlawful or unauthorized use

of the Made in PA logo and enforcing rights of the Made in PA

logo; and

(5) otherwise fund the department's costs in

administering and enforcing this act.

(d) Program suspension.--The duty of the department to

administer this act shall be suspended if and so long as the

fund no longer contains sufficient revenues to administer the

program.

Section 9. Civil penalties.

In addition to any other remedy available at law or in equity

for a violation of a provision of this act or a membership

agreement established under this act, the department may assess

a civil penalty upon the person or entity responsible for the

violation. The civil penalty assessed may not exceed $10,000 and

shall be payable to the Commonwealth and collectible in a manner

provided under law for the collection of debt.

Section 10. Injunctive relief.

(a) Action in equity.--In addition to the other remedies

provided under this act, the Attorney General, at the request of

the department, may initiate, in Commonwealth Court or the court

of common pleas of the county in which the defendant resides or

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has his place of business, an action in equity for an injunction

to restrain violations of this act or a membership agreement.

(b) Preliminary injunction.--

(1) In the proceeding, the court shall, upon motion of

the Commonwealth, issue a preliminary injunction if the court

finds the defendant is engaging in unlawful conduct under

this act or is engaging in conduct that is causing immediate

or irreparable harm to the public.

(2) The court may not require the Commonwealth to

furnish bond or other security in connection with the

proceedings.

in the proceeding, may levy civil penalties as provided under

section 9.

Section 11. Rules and regulations.

The department may promulgate rules and regulations necessary

to promote the efficient, uniform and Statewide administration

of this act. Every two years from the effective date of this

section, the department shall promulgate, adopt and use

guidelines to implement the provisions of this act. The

guidelines must be published in the Pennsylvania Bulletin but

shall not be subject to review under section 205 of the act of

July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth

Documents Law, sections 204(b) and 301(10) of the act of October

15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys

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

Regulatory Review Act.

Section 12. Reports.

One year after the effective date of this section and each

year on that date, the department shall issue a report to the

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Governor and the General Assembly on the general operation of

the program, how the program has impacted this Commonwealth and

other information the department deems necessary and

appropriate.

Section 13. Effective date.

This act shall take effect July 1, 2021, or immediately,

whichever is later.

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