PRINTER'S NO. 4056
No. 2907 Session of 1996
INTRODUCED BY GEORGE, TRELLO, HALUSKA, SHANER, VAN HORNE AND
MERRY, OCTOBER 1, 1996
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 1, 1996
AN ACT
1 Authorizing the General Assembly to review the proposed
2 regulations of all State agencies, to approve or disapprove
3 such regulations and to expedite the treatment of emergency
4 regulations; and making a repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the
9 Administrative Oversight Act.
10 Section 2. Legislative intent.
11 The General Assembly is aware of the significant number of
12 laws which have been enacted granting boards, commissions,
13 departments and administrative agencies of State government the
14 authority to promulgate and enforce rules and regulations. The
15 General Assembly is further aware that ample safeguards have not
16 been established whereby the General Assembly may be informed of
17 circumstances in which such administrative rules and regulations
18 do not conform to legislative intent. It is the purpose of this
1 act to establish a method for continuing legislative review to
2 prevent the adoption of rules and regulations which are contrary
3 to law or inconsistent with legislative intent or which go
4 beyond the mandate of the legislation which they are designed to
5 implement.
6 Section 3. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Agency." Any department, departmental administrative board
11 or commission, officer, independent board or commission,
12 authority or other agency of this Commonwealth now in existence
13 or hereafter created, but shall not include the Governor, the
14 Senate or the House of Representatives or any court, political
15 subdivision, municipal or other local authority, or any officer
16 or agency of the court, political subdivision or local
17 authority.
18 "Committee." The Administrative Oversight Committee created
19 by this act.
20 "Commonwealth Documents Law." The act of July 31, 1968
21 (P.L.769, No.240), referred to as the Commonwealth Documents
22 Law, and those provisions of 45 Pa.C.S. (relating to legal
23 notices) derived from the Commonwealth Documents Law.
24 "Regulation." Any rule or regulation, or order in the nature
25 of a rule or regulation, promulgated by an agency under
26 statutory authority in the administration of any statute
27 administered by or relating to the agency, including any
28 amendment, revision or repeal of the rule or regulation, and any
29 rule or regulation which may be promulgated by an agency only
30 with the approval of the Governor, but excluding a proclamation,
19960H2907B4056 - 2 -
1 Executive order, Executive directive or other similar document
2 promulgated by the Governor, and rules and regulations of agency
3 organization, practice and procedure and rules and regulations
4 relating to agency management and personnel.
5 Section 4. Administrative Oversight Committee.
6 (a) Creation.--There is hereby created a joint legislative
7 committee to be known as the Administrative Oversight Committee.
8 (b) Members.--The committee shall be composed of ten members
9 of the General Assembly to be appointed for two-year terms
10 ending at 12 midnight on November 30 of each even-numbered year
11 as follows: five members of the Senate, no more than three of
12 whom shall be members of the same political party, appointed by
13 the President pro tempore of the Senate, and five members of the
14 House of Representatives, no more than three of whom shall be
15 members of the same political party, appointed by the Speaker of
16 the House of Representatives.
17 (c) Chairman.--The President pro tempore of the Senate and
18 the Speaker of the House of Representatives shall designate one
19 member of the Senate and one member of the House of
20 Representatives appointed to the committee to serve as chairman
21 and vice-chairman, respectively, for a two-year term ending at
22 12 midnight on November 30 of each even-numbered year. The
23 chairmanship and vice-chairmanship shall alternate between the
24 Senate and the House of Representatives. The first chairman
25 shall be a member of the Senate, and the first vice-chairman
26 shall be a member of the House of Representatives, their terms
27 to end at 12 midnight on November 30, 1998.
28 (d) Vacancies.--Vacancies shall be filled by appointment by
29 the presiding officer of the house to which the vacating member
30 was elected for the duration of the vacating member's term.
19960H2907B4056 - 3 -
1 (e) Meetings.--The committee shall meet as necessary for the
2 prompt discharge of its duties and shall adopt rules to govern
3 its operation and organization.
4 (f) Quorum.--A quorum of the committee shall consist of six
5 members. Action by the committee shall be by majority vote of
6 the quorum.
7 (g) Employees.--The committee may retain professional,
8 clerical or other employees as may be appropriate for the proper
9 conduct of the work of the committee.
10 Section 5. Transmittal of proposed regulations.
11 (a) Contents of transmittal.--Except as provided in
12 subsection (b), whenever any agency plans to promulgate any
13 regulation to be used in the administration or implementation of
14 any law of this Commonwealth or any program established by or
15 under this act, the agency shall at least 120 calendar days
16 prior to the proposed date of promulgation of the regulation
17 place sufficient copies of the proposed regulation, including an
18 emergency regulation or a regulation promulgated during a sine
19 die adjournment as provided in section 12, in the possession of
20 the chairman of the committee. The transmittal shall include:
21 (1) The text of the proposed regulation, prepared in
22 that manner as to indicate the words to be added or deleted
23 from the presently effective text thereof, if any.
24 (2) A statement of the statutory authority under which
25 the regulation or change therein is proposed to be
26 promulgated.
27 (3) A brief explanation of the proposed administrative
28 regulation or change therein and the justification therefor.
29 (4) A statement, if applicable, that the purpose of the
30 regulation is to implement a federally subsidized or assisted
19960H2907B4056 - 4 -
1 program.
2 (b) Nonapplicability.--The following regulations shall not
3 be subject to this act:
4 (1) Regulations of the Pennsylvania Fish and Boat
5 Commission pertaining to season, size and creel limits.
6 (2) Regulations of the Pennsylvania Game Commission
7 pertaining to seasons and bag limits.
8 Section 6. Review by committee.
9 (a) Arbitrariness.--The committee shall review the proposed
10 regulation for the purpose of determining if it is arbitrary,
11 beyond the authority delegated to the agency or contrary to the
12 intent of the General Assembly. The committee shall complete its
13 review of the proposed regulation within 60 calendar days of the
14 date of receipt of the copies of the proposed regulation.
15 (b) Hearings.--The committee may hold hearings, take
16 testimony and make its review at those places as it deems
17 necessary within this Commonwealth. It may issue subpoenas under
18 the hand and seal of its chairman or his designee commanding any
19 person to appear before it and to answer questions concerning
20 matters properly being inquired into by the committee and to
21 produce those books, papers, records and documents as the
22 committee deems necessary. The subpoenas may be served upon any
23 person and shall have the force and effect of subpoenas issued
24 out of the courts of this Commonwealth. Any person who willfully
25 neglects or refuses to testify before the committee or to
26 produce any books, papers, records or documents shall be subject
27 to the penalties provided by the laws of this Commonwealth. The
28 chairman or his designee shall have the power to administer
29 oaths and affirmations to witnesses appearing before the
30 committee.
19960H2907B4056 - 5 -
1 Section 7. Approval of proposed regulation.
2 On determination that a proposed regulation is not arbitrary,
3 beyond the authority delegated to the agency or contrary to the
4 intent of the General Assembly, the committee may cause a
5 concurrent resolution to be introduced in the Senate or the
6 House of Representatives approving the regulation, and, upon the
7 adoption of the concurrent resolution by the General Assembly,
8 the agency may thereafter adopt the regulation in accordance
9 with the requirements of the Commonwealth Documents Law and any
10 other applicable statute.
11 Section 8. Recommendation for amendment or withdrawal.
12 (a) Determination of arbitrariness.--On a determination that
13 a proposed regulation is arbitrary, beyond the authority
14 delegated to the agency or contrary to the intent of the General
15 Assembly, the committee shall notify the agency of its findings
16 and shall recommend that the proposed regulation be amended or
17 withdrawn.
18 (b) Agency agreement.--If the agency concurs with the
19 recommendation of the committee, the agency shall, within five
20 calendar days of receiving the committee's recommendation,
21 withdraw the proposed regulation or amend it in accordance with
22 the recommendation of the committee and resubmit the regulation
23 to the committee.
24 (c) Agency disagreement.--If the agency does not concur with
25 the recommendation of the committee, the agency shall, within
26 five calendar days of receiving the committee's recommendation,
27 notify the committee of its decision.
28 Section 9. Disapproval and resubmission of regulation.
29 Upon completion of its review in accordance with the
30 provisions of this act, the committee may, within the 60-day
19960H2907B4056 - 6 -
1 review period, cause a concurrent resolution to be introduced in
2 the Senate or the House of Representatives disapproving the
3 proposed regulation or any part thereof and stating reasons for
4 the disapproval. If the General Assembly adopts the concurrent
5 resolution, it shall be sent back to the agency and the agency
6 shall not adopt the regulation, except that the agency may make
7 modifications in the regulation and resubmit it to the General
8 Assembly in accordance with the provisions of this act.
9 Section 10. Committee inaction and adoption of regulation.
10 If the committee does not cause a concurrent resolution of
11 disapproval to be introduced within the 60 calendar days
12 allotted it to complete its review or if the resolution is
13 introduced within the 60-day review period and the General
14 Assembly does not adopt the concurrent resolution disapproving
15 the regulation within 30 calendar days after the resolution's
16 introduction, the agency may thereafter adopt the regulation in
17 accordance with the requirements of the Commonwealth Documents
18 Law and any other applicable statute.
19 Section 11. Effect on judicial review.
20 For purposes of judicial review, adoption of a concurrent
21 resolution of disapproval shall constitute legislative
22 disapproval of the regulation, but rejection of a concurrent
23 resolution of approval or disapproval or inaction on the
24 regulation by the committee or the General Assembly shall not
25 constitute legislative approval of the regulation.
26 Section 12. Emergency and sine die adjournment regulations.
27 (a) Emergency regulations.--Notwithstanding the provisions
28 of this act, if an agency finds that preservation of the public
29 health, safety or welfare requires promulgation of an emergency
30 regulation without following the procedures required by sections
19960H2907B4056 - 7 -
1 201 and 202 of the Commonwealth Documents Law and states in the
2 regulation its reasons for that finding and if the Governor
3 concurs and issues a public proclamation of the existence of an
4 emergency, the agency may dispense with the procedures
5 established in this act, except for the provisions of section 5.
6 The emergency regulation shall remain in effect until a date
7 fixed in the regulation or until six months after the date of
8 its adoption, whichever is earlier.
9 (b) Sine die regulations.--In the event of an adjournment
10 sine die of the General Assembly in excess of 30 calendar days,
11 the agency may dispense with the procedures established in this
12 act, except for the provisions of section 5. Upon the
13 reconvening of the General Assembly, the review provided by this
14 act shall commence, and the regulation promulgated during the
15 adjournment sine die shall expire 60 calendar days after the
16 reconvening of the General Assembly unless the regulation is
17 approved in the manner provided by this act.
18 Section 13. Repeal.
19 The act of June 25, 1982 (P.L.633, No.181), known as the
20 Regulatory Review Act, is repealed.
21 Section 14. Effective date.
22 This act shall take effect in six months.
H9L71JRW/19960H2907B4056 - 8 -