PRINTER'S NO. 3421
No. 2489 Session of 1976
INTRODUCED BY WHELAN, GREEN, DAVIES, COLE, PRATT, MILANOVICH,
ZEARFOSS, ENGLEHART, SALVATORE AND WORRILOW, JUNE 8, 1976
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 8, 1976
AN ACT
1 Amending the act of July 31, 1968 (P.L.769, No.240), entitled
2 "An act relating to Commonwealth documents; providing for the
3 printing and distribution of administrative regulations;
4 regulating the adoption, publication, codification and
5 effectiveness of regulations, statements of policy, and
6 certain other Commonwealth documents; creating the Joint
7 Committee on Documents and prescribing its powers and duties;
8 providing penalties, and making appropriations and repeals,"
9 providing for legislative participation in the rule-making
10 process.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The act of July 31, 1968 (P.L.769, No.240), known
14 as the "Commonwealth Documents Law," is amended by adding a
15 section to read:
16 Section 201.1. Legislative Approval or Disapproval.--(a) An
17 objection to any regulation, promulgation, change or repeal
18 proposed under section 201 may be raised by any five members of
19 the Senate or any fifteen members of the House of
20 Representatives. The objection shall be communicated in writing
21 to the agency proposing the regulation, promulgation, change or
22 repeal, the Speaker of the House of Representatives and the
1 President pro tempore of the Senate not more than thirty days
2 after notice of proposed rule-making is given, under section
3 201. If an objection is made, the agency shall not act further
4 as to the proposed regulation, promulgation change or repeal
5 until legislative approval therefor is given, notwithstanding
6 the provisions of section 203.
7 (b) Every regulation, promulgation, change or repeal, which
8 has been objected to under subsection (a), shall be proposed as
9 a resolution and shall be placed on the calendar of each House
10 for the next legislative day following receipt of the written
11 notice of objection by the Speaker or the President pro tempore;
12 and shall be voted upon that legislative day. If the regulation,
13 promulgation, change or repeal is disapproved by a majority vote
14 of those members present and voting of either House, the agency
15 shall not adopt the proposed regulation, promulgation, change or
16 repeal. Only in the absence of disapproval shall the agency
17 proceed with the adoption of the regulation, promulgation,
18 change or repeal in accordance with section 202.
19 Section 2. This act shall take effect in 60 days.
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