PRIOR PRINTER'S NO. 1855
PRINTER'S NO. 2168
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1580
Session of
2023
INTRODUCED BY SALISBURY, TWARDZIK, MADDEN, SANCHEZ, HILL-EVANS,
MERCURI, SHUSTERMAN, GREEN, BOROWSKI, SCHEMEL, WAXMAN,
CEPEDA-FREYTIZ, D'ORSIE, GAYDOS, WARREN AND OTTEN,
JULY 18, 2023
AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 18, 2023
AN ACT
Amending the act of May 15, 1933 (P.L.565, No.111), entitled "An
act relating to the powers and duties of the Department of
Banking and Securities and the Secretary of Banking and
Securities in exercising supervision over, and taking
possession of and conducting or liquidating the business and
property of, corporations, associations, and persons
receiving deposits or otherwise transacting a banking
business, corporations acting as fiduciaries, and building
and loan associations; providing for the payment of the
expenses of the Department of Banking by supervised
corporations, associations, or persons, and appropriating the
Banking Department Fund; authorizing the Department of
Banking, under certain circumstances, to examine
corporations, associations, or persons affiliated, or having
business transactions with supervised corporations,
associations or persons; authorizing appeals to the Supreme
Court, and prescribing and limiting the powers and duties of
certain other courts and their prothonotaries, registers of
wills, recorders of deeds, and certain State departments,
commissions, and officers; authorizing certain local public
officers and State departments to collect fees for services
rendered under this act; regulating securities; providing
penalties; and repealing certain acts and parts of acts," in
jurisdiction and maintenance of department, further providing
for general scope of supervision and exercise of discretion.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 202 of the act of May 15, 1933 (P.L.565,
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No.111), known as the Department of Banking and Securities Code,
is amended by adding a subsection SUBSECTIONS to read:
Section 202. General Scope of Supervision; Exercise of
Discretion.--* * *
F. Notwithstanding any other law, nothing in the act of
April 8, 1937 (P.L.262, No.66), known as the "Consumer Discount
Company Act," or 12 Pa.C.S. Ch. 62 (relating to motor vehicle
sales finance) shall be construed to interfere with the ability
of employes of a licensee under the "Consumer Discount Company
Act" or 12 Pa.C.S. Ch. 62 to work from a remote location.
F. NOTWITHSTANDING ANY OTHER LAW, AN EMPLOYE EMPLOYED BY A
LICENSEE LICENSED UNDER THE ACT OF APRIL 8, 1937 (P.L.262,
NO.66), KNOWN AS THE "CONSUMER DISCOUNT COMPANY ACT," MAY WORK
FROM A REMOTE LOCATION IF ALL OF THE FOLLOWING REQUIREMENTS ARE
MET:
(1) THE LICENSED ACTIVITIES ARE CONDUCTED UNDER THE
SUPERVISION OF THE LICENSEE.
(2) THE LICENSEE HAS WRITTEN POLICIES AND PROCEDURES FOR THE
SUPERVISION OF EMPLOYES WORKING FROM THE REMOTE LOCATION.
(3) ACCESS TO THE LICENSEE'S PLATFORMS AND CUSTOMER
INFORMATION IS CONDUCTED IN ACCORDANCE WITH THE LICENSEE'S
COMPREHENSIVE WRITTEN INFORMATION SECURITY PLAN.
(4) IN-PERSON CONSUMER INTERACTION DOES NOT OCCUR AT THE
REMOTE LOCATION IF THE REMOTE LOCATION IS AT THE EMPLOYE'S
PERSONAL RESIDENCE.
(5) THE REMOTE LOCATION IS NOT ADVERTISED OR REPRESENTED TO
CONSUMERS AS AN OPERATING LOCATION OF THE LICENSEE OR THE
LICENSEE'S EMPLOYES WHO WORK AT THE REMOTE LOCATION.
(6) THE REMOTE LOCATION IS NOT OWNED OR CONTROLLED BY THE
LICENSEE. A REMOTE LOCATION SHALL NOT BE CONSIDERED OWNED OR
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CONTROLLED BY A LICENSEE IF THE REMOTE LOCATION IS UNDER THE
CONTROL OF A SUBSIDIARY OR AFFILIATE OF THE LICENSEE, IS
PRIMARILY USED BY THE SUBSIDIARY OR AFFILIATE AND IS ONLY USED
BY THE LICENSEE ON AN INCIDENTAL BASIS FOR THE CONVENIENCE OF
CONSUMERS.
G. NOTWITHSTANDING ANY OTHER LAW, AN EMPLOYE EMPLOYED BY A
LICENSEE LICENSED UNDER 12 PA.C.S. CH. 62 (RELATING TO MOTOR
VEHICLE SALES FINANCE) MAY WORK FROM A REMOTE LOCATION IF ALL OF
THE FOLLOWING REQUIREMENTS ARE MET:
(1) THE LICENSED ACTIVITIES ARE CONDUCTED UNDER THE
SUPERVISION OF THE LICENSEE.
(2) THE LICENSEE HAS WRITTEN POLICIES AND PROCEDURES FOR THE
SUPERVISION OF EMPLOYES WORKING FROM THE REMOTE LOCATION.
(3) ACCESS TO THE LICENSEE'S PLATFORMS AND CUSTOMER
INFORMATION IS CONDUCTED IN ACCORDANCE WITH THE LICENSEE'S
COMPREHENSIVE WRITTEN INFORMATION SECURITY PLAN.
(4) IN-PERSON CONSUMER INTERACTION DOES NOT OCCUR AT THE
REMOTE LOCATION IF THE REMOTE LOCATION IS AT THE EMPLOYE'S
PERSONAL RESIDENCE.
(5) THE REMOTE LOCATION IS NOT ADVERTISED OR REPRESENTED TO
CONSUMERS AS AN OPERATING LOCATION OF THE LICENSEE OR THE
LICENSEE'S EMPLOYES WHO WORK AT THE LOCATION.
(6) THE REMOTE LOCATION IS NOT OWNED OR CONTROLLED BY THE
LICENSEE. A REMOTE LOCATION SHALL NOT BE CONSIDERED OWNED OR
CONTROLLED BY A LICENSEE IF THE REMOTE LOCATION IS UNDER THE
CONTROL OF A SUBSIDIARY OR AFFILIATE OF THE LICENSEE, IS
PRIMARILY USED BY THE SUBSIDIARY OR AFFILIATE AND IS ONLY USED
BY THE LICENSEE ON AN INCIDENTAL BASIS FOR THE CONVENIENCE OF
CONSUMERS.
Section 2. This act shall take effect in 60 days.
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