Regular Session 2021-2022 Senate Bill 1019 P.N. 1524

HOUSE AMENDED

PRIOR PRINTER'S NO. 1321

PRINTER'S NO. 1524

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1019

Session of

2022

INTRODUCED BY BROOKS, JANUARY 14, 2022

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

MARCH 29, 2022

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in temporary regulatory flexibility authority,

further providing for DEFINITIONS AND FOR COVID-19 regulatory

flexibility authority; AND MAKING AN EDITORIAL CHANGE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2102-F(d) of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929,

amended September 30, 2021 (P.L.404, No.73), is amended to read:

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Section 2102-F. COVID-19 regulatory flexibility authority.

* * *

(d) Reports.--

(1) No later than November 1, 2021, each authority which

initially authorized a suspension which was extended under

subsection (a) shall issue a report, which shall be published

on the authority's publicly accessible Internet website.

(2) No later than May 1, 2022, each authority which

initially authorized a suspension which was extended under

subsection (a.1) shall issue an updated report, which shall

be published on the authority's publicly accessible Internet

website.

(3) A report under [this subsection] paragraph (1) or

(2) shall include all of the following:

(i) A list of each suspension which was extended

under subsections (a) and (a.1). The list under this

paragraph shall include a reference to the regulatory

statute, order, rule or regulation which was suspended.

(ii) For each suspension under subparagraph (i)

which was extended under subsection (a):

(A) Whether the extension of the suspension was

terminated under subsection (a) prior to September

30, 2021, and the date of the termination.

(B) Whether the extension of the suspension

expired on September 30, 2021.

subsection (a.1).

(iii) For each suspension under subparagraph (i)

which was extended under subsection (a.1):

(A) Whether the extension of the suspension was

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terminated under subsection (a.1) prior to March 31,

2022, and the date of the termination.

(B) Whether the extension of the suspension

expired on March 31, 2022.

(4) No later than May 31, 2022, each authority shall

issue a permanent suspension report identifying any

regulatory statute, rule or regulation that was temporarily

suspended pursuant to the declaration that the authority

believes should be considered for a permanent suspension. The

following shall apply:

(i) A report under this paragraph shall include all

of the following:

(A) The citation to the regulatory statute, rule

or regulation that has been identified by the

authority.

(B) The date in which the regulatory statute,

rule or regulation was originally suspended.

to subsection (a).

(D) Whether the suspension was extended pursuant

to subsection (a.1).

(E) Whether the suspension has been terminated

and, if so, the date of termination.

(F) Whether the suspension was terminated by the

authority or operation of law.

(G) Analysis relating to the purpose for

permanently suspending the regulatory statute, rule

or regulation.

(ii) The permanent suspension report under this

paragraph shall be published on the authority's publicly

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accessible Internet website and provided to each of the

individuals listed under subsection (c).

Section 2. This act shall take effect immediately.

SECTION 1. THE HEADING OF ARTICLE XXI-F OF THE ACT OF APRIL

9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF

1929, ADDED JUNE 11, 2021 (P.L.56, NO.21), IS AMENDED TO READ:

ARTICLE XXI-F

[TEMPORARY] COVID-19 REGULATORY FLEXIBILITY AUTHORITY

SECTION 2. SECTION 2101-F OF THE ACT IS AMENDED BY ADDING A

DEFINITION TO READ:

SECTION 2101-F. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"FEDERAL PUBLIC HEALTH EMERGENCY DECLARATION." THE

DETERMINATION MADE ON JANUARY 31, 2020, BY THE UNITED STATES

SECRETARY OF HEALTH AND HUMAN SERVICES UNDER SECTION 319 OF THE

PUBLIC HEALTH SERVICE ACT (58 STAT. 682, 42 U.S.C. § 247D) THAT

A PUBLIC HEALTH EMERGENCY EXISTS RELATING TO COVID-19 AND ANY

RENEWAL OF THE DETERMINATION.

* * *

SECTION 3. SECTION 2102-F(C) INTRODUCTORY PARAGRAPH AND (D)

OF THE ACT, AMENDED SEPTEMBER 30, 2021 (P.L.404, NO.73), ARE

AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO

READ:

SECTION 2102-F. COVID-19 REGULATORY FLEXIBILITY AUTHORITY.

* * *

(A.2) ADDITIONAL TEMPORARY EXTENSIONS.--THE FOLLOWING

SUSPENSIONS OF REGULATORY STATUTES, RULES AND REGULATIONS

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EXTENDED UNDER SUBSECTION (A.1) WHICH ARE IN EFFECT ON MARCH 31,

2022, ARE EXTENDED UNTIL JUNE 30, 2022, UNLESS SOONER TERMINATED

BY THE AUTHORITY WHICH INITIALLY AUTHORIZED THE SUSPENSION:

(1) (RESERVED).

(2) (RESERVED).

(3) THE FOLLOWING PROVISIONS ENFORCED BY THE DEPARTMENT

OF BANKING AND SECURITIES:

(I) 7 PA.C.S. § 6131(A.1) AND (F)(2).

(II) 12 PA.C.S. § 6212(B)(2).

(III) SECTION 4 OF THE PAWNBROKERS LICENSE ACT.

(IV) SECTION 8 OF THE CONSUMER DISCOUNT COMPANY ACT.

(V) SECTION 2 OF THE MONEY TRANSMISSION BUSINESS

LICENSING LAW.

(VI) SECTION 301(B)(3) OF THE CHECK CASHER LICENSING

ACT.

(VII) SECTION 5(2) OF THE DEBT MANAGEMENT SERVICES

ACT.

(VIII) SECTION 313(A) OF THE DEBT SETTLEMENT

SERVICES ACT.

(4) THE FOLLOWING PROVISIONS ENFORCED BY THE DEPARTMENT

OF MILITARY AND VETERANS AFFAIRS:

(I) 51 PA.C.S. § 709.

(II) 51 PA.C.S. § 3105.

(III) SECTION 2407 OF THIS ACT.

(IV) 4 PA. CODE § 39.93.

(V) 4 PA. CODE § 39.95.

(5) THE FOLLOWING PROVISIONS ENFORCED BY THE DEPARTMENT

OF LABOR AND INDUSTRY:

(I) (RESERVED).

(II) SECTION 505.1 OF THE UNEMPLOYMENT COMPENSATION

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LAW.

(III) SECTION 9(A)(2)(I) AND (3) AND (B)(2)(I) OF

THE CHILD LABOR ACT.

(IV) 34 PA. CODE § 101.83.

(V) (RESERVED).

(VI) 34 PA. CODE § 101.128.

(VII) 34 PA. CODE § 101.130.

(6) (RESERVED).

(7) REGULATORY STATUTES, RULES OR REGULATIONS ENFORCED

BY THE DEPARTMENT OF HEALTH OTHER THAN SUSPENSIONS EXTENDED

UNDER SUBSECTION (A.3).

(8) REGULATORY STATUTES, RULES OR REGULATIONS ENFORCED

BY THE DEPARTMENT OF HUMAN SERVICES OTHER THAN SUSPENSIONS

EXTENDED UNDER SUBSECTION (A.3).

(9) REGULATORY STATUTES, RULES OR REGULATIONS ENFORCED

BY THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS OTHER

THAN SUSPENSIONS EXTENDED UNDER SUBSECTION (A.3).

(A.3) ADDITIONAL EXTENSIONS RELATING TO FEDERAL PUBLIC

HEALTH EMERGENCY DECLARATION.--SUSPENSIONS OF REGULATORY

STATUTES, RULES AND REGULATIONS EXTENDED UNDER SUBSECTION (A.1)

WHICH ARE IN EFFECT ON MARCH 31, 2022, AND WHICH ARE RELATED TO

FEDERAL EXEMPTIONS GRANTED UNDER THE FEDERAL PUBLIC HEALTH

EMERGENCY DECLARATION ARE EXTENDED UNTIL THE LATER OF THE

FOLLOWING, UNLESS SOONER TERMINATED BY THE AUTHORITY THAT

INITIALLY AUTHORIZED THE SUSPENSION:

(1) THE LAST DAY OF THE FEDERAL PUBLIC HEALTH EMERGENCY

DECLARATION; OR

(2) THE LAST DAY FEDERAL EXEMPTIONS GRANTED UNDER THE

FEDERAL PUBLIC HEALTH EMERGENCY DECLARATION ARE AUTHORIZED.

* * *

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SUSPENSION UNDER SUBSECTION (A) [OR (A.1)], (A.1), (A.2) OR

(A.3), THE AUTHORITY WHICH TERMINATED THE EXTENSION OF THE

SUSPENSION SHALL NOTIFY ALL OF THE FOLLOWING:

* * *

(D) REPORTS.--

(1) NO LATER THAN NOVEMBER 1, 2021, EACH AUTHORITY WHICH

INITIALLY AUTHORIZED A SUSPENSION WHICH WAS EXTENDED UNDER

SUBSECTION (A) SHALL ISSUE A REPORT, WHICH SHALL BE PUBLISHED

ON THE AUTHORITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(2) NO LATER THAN MAY [1] 31, 2022, EACH AUTHORITY WHICH

INITIALLY AUTHORIZED A SUSPENSION WHICH WAS EXTENDED UNDER

SUBSECTION (A.1) SHALL ISSUE AN UPDATED REPORT, WHICH SHALL

BE PUBLISHED ON THE AUTHORITY'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE AND SHALL BE PROVIDED TO EACH MEMBER OF THE GENERAL

ASSEMBLY.

(2.1) NO LATER THAN AUGUST 31, 2022, EACH AUTHORITY

WHICH INITIALLY AUTHORIZED A SUSPENSION WHICH WAS EXTENDED

UNDER SUBSECTION (A.2) SHALL ISSUE AN UPDATED REPORT, WHICH

SHALL BE PUBLISHED ON THE AUTHORITY'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE AND SHALL BE PROVIDED TO EACH MEMBER OF THE

GENERAL ASSEMBLY.

(2.2) NO LATER THAN 60 DAYS AFTER THE LAST DAY THAT THE

FEDERAL PUBLIC HEALTH EMERGENCY DECLARATION IS IN EFFECT,

EACH AUTHORITY WHICH INITIALLY AUTHORIZED A SUSPENSION WHICH

WAS EXTENDED UNDER SUBSECTION (A.3) SHALL ISSUE AN UPDATED

REPORT, WHICH SHALL BE PUBLISHED ON THE AUTHORITY'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE AND SHALL BE PROVIDED TO EACH

MEMBER OF THE GENERAL ASSEMBLY.

(3) A REPORT UNDER THIS SUBSECTION SHALL INCLUDE ALL OF

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THE FOLLOWING:

(I) A LIST OF EACH SUSPENSION WHICH WAS EXTENDED

UNDER SUBSECTIONS (A) [AND], (A.1), (A.2) AND (A.3). THE

LIST UNDER THIS PARAGRAPH SHALL INCLUDE A REFERENCE TO

THE REGULATORY STATUTE, ORDER, RULE OR REGULATION WHICH

WAS SUSPENDED.

(II) FOR EACH SUSPENSION UNDER SUBPARAGRAPH (I)

WHICH WAS EXTENDED UNDER SUBSECTION (A):

(A) WHETHER THE EXTENSION OF THE SUSPENSION WAS

TERMINATED UNDER SUBSECTION (A) PRIOR TO SEPTEMBER

30, 2021, AND THE DATE OF THE TERMINATION.

(B) WHETHER THE EXTENSION OF THE SUSPENSION

EXPIRED ON SEPTEMBER 30, 2021.

SUBSECTION (A.1).

(III) FOR EACH SUSPENSION UNDER SUBPARAGRAPH (I)

WHICH WAS EXTENDED UNDER SUBSECTION (A.1):

(A) WHETHER THE EXTENSION OF THE SUSPENSION WAS

TERMINATED UNDER SUBSECTION (A.1) PRIOR TO MARCH 31,

2022, AND THE DATE OF THE TERMINATION.

(B) WHETHER THE EXTENSION OF THE SUSPENSION

EXPIRED ON MARCH 31, 2022.

SUBSECTION (A.2).

(D) WHETHER THE EXTENSION WAS EXTENDED UNDER

SUBSECTION (A.3).

(E) WHETHER THE AUTHORITY RECOMMENDS THAT THE

POLICY UNDERLYING THE SUSPENSION BE ENACTED

PERMANENTLY INTO STATUTE OR REGULATION. THE AUTHORITY

MAY INCLUDE ANALYSIS RELATED TO THE RECOMMENDATION.

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(IV) FOR EACH SUSPENSION UNDER SUBPARAGRAPH (I)

WHICH WAS EXTENDED UNDER SUBSECTION (A.2):

(A) WHETHER THE EXTENSION OF THE SUSPENSION WAS

TERMINATED UNDER SUBSECTION (A.2) PRIOR TO JUNE 30,

2022, AND THE DATE OF THE TERMINATION.

(B) WHETHER THE EXTENSION OF THE SUSPENSION

EXPIRED ON JUNE 30, 2022.

(V) FOR EACH SUSPENSION UNDER SUBPARAGRAPH (I) WHICH

WAS EXTENDED UNDER SUBSECTION (A.3):

(A) WHETHER THE EXTENSION OF THE SUSPENSION WAS

TERMINATED UNDER SUBSECTION (A.3) PRIOR TO THE LAST

DAY THAT THE FEDERAL PUBLIC HEALTH EMERGENCY

DECLARATION IS IN EFFECT AND THE DATE OF THE

TERMINATION.

(B) IF APPLICABLE, THE LAST DAY THAT THE FEDERAL

PUBLIC HEALTH EMERGENCY DECLARATION IS IN EFFECT.

SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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