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03/19/2024 04:22 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=35117
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: March 18, 2021 03:01 PM
From: Representative David H. Zimmerman and Rep. Keith J. Greiner
To: All House members
Subject: Fees, Fines, and Penalties to the General Fund (HB 2451, 2017-18)
 
In the near future, we plan to re-introduce a revised version of House Bill 2451 which was introduced in the 2017-18 session. After further review of the bill, we focused our attention towards Department of Environmental Protection (DEP) related fines and fees levied on businesses and permit holders throughout the Commonwealth. The new language of this bill, while substantially similar, strengthens the intent and mechanisms of the bill and is purely directed at DEP.

The revised bill still focuses on the fact that many executive branch agencies, departments, and boards assess a multitude of fees, fines, and penalties in enforcing acts for which they have oversight. We have heard extensively from DEP and constituents regarding the fees and fines they have assessed each year. The money obtained from these fees is often deposited in specific accounts designated for funding department activities. This system incentivizes agencies to assess as many of these fees, fines, and penalties as possible, regardless of whether these charges are necessary or fair. In fact, these financial charges often make up a significant portion of the assessing department’s budget.

Our legislation would amend the Fiscal Code to require that all fees, fines, and penalties imposed by DEP be deposited in the General Fund. This will remove the agencies’, departments’, and boards’ incentive to impose excessive and unnecessary fees, fines and penalties on constituents and businesses throughout the state. This change, in turn, will restore the responsibility for funding DEP through the General Assembly as part of the legislative budgetary process.

Please join us in co-sponsoring this important piece of legislation to reduce the financial burden of excessive fees, fines, and penalties on our citizens and businesses and hold DEP accountable by eliminating their incentive to increase fees, fines, and penalties.

Members who signed on to the previous version of this bill (HB 2451, 2017-2018): ZIMMERMAN, B. MILLER, CUTLER, GROVE, WARD, FEE, GREINER, BARRAR, CORR, RADER, RYAN, SCHEMEL, DIAMOND, KLUNK, JAMES, COX, BLOOM, MOUL, HEFFLEY, MENTZER, PICKETT, MALONEY, DUSH, ROAE, PHILLIPS-HILL, A. HARRIS, IRVIN, CAUSER, WHEELAND, SAYLOR, KEEFER, SIMMONS, NELSON, KNOWLES, WARNER, METCALFE and COOK
 



Introduced as HB1755