PRINTER'S NO. 447
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
425
Session of
2023
INTRODUCED BY DUSH, PHILLIPS-HILL, COLEMAN AND HUTCHINSON,
MARCH 14, 2023
REFERRED TO STATE GOVERNMENT, MARCH 14, 2023
AN ACT
Amending Title 1 (General Provisions) of the Pennsylvania
Consolidated Statutes, in rules of construction, further
providing for legislative intent controls.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1921 of Title 1 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 1921. Legislative intent controls.
* * *
(d) Deference.--
(1) If words of a statute are not explicit, the
following shall apply:
(i) T he ambiguity of the statute may not be
interpreted as an implicit delegation to a Commonwealth
department, agency, board or commission of legislative
rulemaking authority.
(ii) The ambiguity of the statute may not be used as
justification for any of the following:
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(A) Interpreting the authority of a Commonwealth
department, agency, board or commission expansively.
(B) Deferring to the interpretation of a
Commonwealth department, agency, board or commission
on the question of law.
(2) Notwithstanding any other provision of law, this
subsection shall apply to the judicial review of an action by
a Commonwealth department, agency, board or commission under
the laws of this Commonwealth.
Section 2. This act shall take effect in 60 days.
20230SB0425PN0447 - 2 -
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