PRINTER'S NO. 3923
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2373
Session of
2015
INTRODUCED BY PHILLIPS-HILL, BLOOM, DAVIS, DUSH, GROVE, HELM,
KAUFFMAN, MAHONEY, MILLARD, MOUL, MUSTIO, SACCONE, TALLMAN
AND ZIMMERMAN, SEPTEMBER 26, 2016
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 26, 2016
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
as reenacted, "An act providing for independent oversight and
review of regulations, creating an Independent Regulatory
Review Commission, providing for its powers and duties and
making repeals," establishing the Office of the Repealer
within the Independent Regulatory Review Commission and
providing for its powers and duties; and imposing duties upon
the Independent Regulatory Review Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 25, 1982 (P.L.633, No.181), known
as the Regulatory Review Act, reenacted and amended June 30,
1989 (P.L.73, No.19), is amended by adding a section to read:
Section 9.1. Office of the Repealer.
(a) Establishment.--The Office of the Repealer is
established within the commission.
(b) Powers and duties.--The Office of the Repealer shall
have the power and its duty shall be to:
(1) Adopt logical, quantitative and qualitative rules to
determine whether any of the existing statutes and
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regulations of this Commonwealth:
(i) are unreasonable, unduly burdensome, detrimental
to economic well-being, duplicative, onerous, defective
or in conflict with other statutes or regulations;
(ii) defy a common sense approach to government; or
(iii) hinder the growth of liberty.
(2) Perform a systematic review of existing statutes and
regulations of this Commonwealth in accordance with the rules
adopted for review under this section.
(3) Identify existing statutes and regulations of this
Commonwealth that may be appropriate for legislative
consideration of repeal, modification or revision.
(4) In consultation with the executive director of the
commission, cause to be created as soon as practicable a
system, including an online portal, to:
(i) Receive suggestions and comments, along with
supporting documentation, from citizens, educators,
businesses, governmental agencies and others for repeal,
modification or revision of statutes and regulations.
(ii) Report allegations of wasteful governmental
practices.
(5) Determine and implement internal policies, standards
and procedures as may be necessary for the orderly and
efficient execution of the mission of the Office of the
Repealer.
(6) Implement a tracking system to follow the action
taken or progress made by an originating body or entity on
any recommendation made regarding repeal, modification or
revision of a statute or regulation.
(7) Report annually to the General Assembly on
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recommended changes, including action taken or progress made
to repeal, modify or revise statutes and regulations to
increase efficiency and eliminate wasteful practices.
(c) State Repealer.--The executive director of the
commission shall appoint and fix the compensation of a full-time
director of the Office of the Repealer, who shall be designated
as the State Repealer.
(d) Resources and personnel.--The following shall apply:
(1) The commission shall commit and make available to
the Office of the Repealer the resources and personnel as may
be required by the State Repealer to carry out the powers and
duties of the office.
(2) The research analysts of the Senate and the House of
Representatives shall assist the State Repealer in performing
the functions of the Office of the Repealer.
(e) Notice.--When the Office of the Repealer determines that
any statute or regulation meets the standard under this section
for repeal, modification or revision, the State Repealer shall
cause the recommendation for repeal, modification or revision to
be delivered to:
(1) The General Assembly, in the case of a statute.
(2) The State department or agency that promulgated the
regulation.
(f) Specificity.--A recommendation by the Office of the
Repealer regarding the repeal, modification or revision of a
statute or regulation shall set forth with specificity the
justification for the requested repeal, modification or
revision.
(g) Sunset provision.--This section shall expire five years
from the effective date of this section, unless otherwise
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extended by an act of the General Assembly.
Section 2. This act shall take effect in 60 days.
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