Regular Session 2017-2018 House Bill 1284 P.N. 3816

PRIOR PRINTER'S NOS. 1561, 3121

PRINTER'S NO. 3816

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1284

Session of

2017

INTRODUCED BY PEIFER, PICKETT, DRISCOLL, DUNBAR, M. K. KELLER,

OBERLANDER, DAVIS, B. O'NEILL, BAKER, GROVE, KAUFFMAN,

R. BROWN, CAUSER, MILLARD, BLOOM, SANKEY, B. MILLER,

PASHINSKI, HELM, D. COSTA, ZIMMERMAN, KEEFER, GILLEN,

PHILLIPS-HILL, MURT, SOLOMON, BARBIN AND CHARLTON,

APRIL 25, 2017

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 22, 2018

AN ACT

Providing for the Pennsylvania Business Permitting Portal ONE-

STOP SHOP within the Department of Community and Economic

Development.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Pennsylvania

Business Permitting Portal ONE-STOP SHOP Act.

Section 2. Legislative intent.

The General Assembly recognizes the following public policy

purposes and declares the following objectives of the

Commonwealth are to be served by this act:

(1) To provide one-stop services to assist businesses in

identifying and securing appropriate permits, licenses,

certifications, applications, forms and registrations needed

to establish and operate a business in this Commonwealth.

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(2) To establish the Pennsylvania Business Permitting

Portal to provide an electronic single access point to aid

existing and potential business owners in completing the

various business registration forms and permit applications

required to establish and operate a business in this

Commonwealth.

(3) To provide for the compilation of a comprehensive

listing of all permits required by Commonwealth agencies and

categorize the required permits into a format that is readily

available to business owners.

(4) To promote efficient dialogue between permit

applicants and the Commonwealth agency responsible for the

review of permit applications.

Section 3 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commonwealth agencies." Any office, department, authority,

board or commission of the Executive Department of the

Commonwealth THAT IS SUBJECT TO THE POLICY SUPERVISION AND

CONTROL OF THE GOVERNOR.

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Individual business account." A secure online account

maintained by the Department of Community and Economic

Development to store individualized information relating to a

business's activities through the permitting portal ONE-STOP

SHOP.

"Local permitting authorities." Any municipality or

municipal authority which has the authority to issue a permit.

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"ONE-STOP SHOP." THE PENNSYLVANIA BUSINESS ONE-STOP SHOP

ESTABLISHED UNDER SECTION 3(A).

"Permit." The whole, part or the renewal of any permit,

certificate, license, approval, registration, charter or any

other form of permission issued by a Commonwealth agency to

allow for the operation of a business in this Commonwealth.

"Permit application." Any request to a Commonwealth agency

which is necessary to obtain a permit.

"Permitting portal." The Pennsylvania Business Permitting

Portal established under section 4.

"Secretary." The Secretary of Community and Economic

Development.

Section 4 3. Establishment of the Pennsylvania Business

Permitting Portal ONE-STOP SHOP.

(a) Establishment.--The department shall establish the

Pennsylvania Business Permitting Portal ONE-STOP SHOP to provide

a single online access point to aid existing and potential

business owners in completing AND POTENTIAL BUSINESS OWNERS IN

IDENTIFYING AND SECURING the necessary permit applications

PERMITS, LICENSES, CERTIFICATIONS, APPLICATIONS, FORMS AND

REGISTRATIONS associated with establishing and operating

SATISFYING THE LEGAL REQUIREMENTS NECESSARY TO LAWFULLY

ESTABLISH AND OPERATE a business in this Commonwealth.

(B) FUNCTIONS.--NO LATER THAN 30 DAYS AFTER THE EFFECTIVE

DATE OF THIS SUBSECTION, THE ONE-STOP SHOP SHALL PROVIDE

ELECTRONIC ACCESS TO FEATURES OR RESOURCES REGARDING THE

FOLLOWING:

(1) THE REGISTRATION OF BUSINESS NAMES UNDER 54 PA.C.S.

CH. 5 (RELATING TO CORPORATE AND OTHER ASSOCIATION NAMES).

(2) THE PROFESSIONAL LICENSURE REQUIREMENTS FOR

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BUSINESSES IMPOSED BY THE COMMONWEALTH.

(3) THE REGISTRATION OF BUSINESS STRUCTURES WITH THE

DEPARTMENT OF STATE.

(4) THE REGISTRATION OF A FICTITIOUS NAME WITH THE

DEPARTMENT OF STATE UNDER 54 PA.C.S. CH. 3 (RELATING TO

FICTITIOUS NAMES).

(5) THE REGISTRATION OF STATE TAX ACCOUNTS WITH THE

DEPARTMENT OF REVENUE.

(6) THE REGISTRATION OF EMPLOYER ACCOUNTS WITH THE

DEPARTMENT OF LABOR AND INDUSTRY.

(7) THE IDENTIFICATION OF POINTS OF CONTACT FOR

POLITICAL SUBDIVISIONS WHICH MAY HAVE APPLICABLE LOCAL

REGISTRATIONS, PERMITS, ZONING REQUIREMENTS OR OTHER

REQUIREMENTS.

(b) Permitting portal (C) ADDITIONAL functions.--The

permitting portal shall, at a minimum, allow for the following:

DEPARTMENT MAY ADD THE FOLLOWING FEATURES OR RESOURCES TO THE

ONE-STOP SHOP:

(1) The creation of an individual business account to

store general information on the business, which will be used

to automatically fill in recurring fields on a permit

application.

(2) The electronic submission of a permit application.

(3) The electronic submission of permit fees or fines.

(4) The tracking of status of payments from Commonwealth

agencies to contractors.

(5) The tracking of pending permit applications.

(6) The recording of electronic signatures.

(7) Access to customized, COMMONWEALTH agency-created

to-do checklists specific to the individual business account.

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(8) Online interaction with the department to resolve

difficulties with the permitting portal ONE-STOP SHOP.

(9) Online interaction with Commonwealth agencies to

resolve questions relating to permit applications.

(10) The protection of the confidentiality of all

information submitted through the permitting portal ONE-STOP

SHOP.

(11) The recording of backup records of all activities,

including time-stamp information on the submission of permit

applications.

(12) The listing of information relating to local permit

application information for relevant local permitting

authorities. ANY OTHER FEATURES OR RESOURCES THAT THE

DEPARTMENT DEEMS ADVISABLE.

Section 5 4. Cooperation between the department and

Commonwealth agencies.

(a) Permit identification.--The department shall coordinate

with the Commonwealth agencies to identify permits that are:

(1) Appropriate for inclusion in the permitting portal.

(2) Compatible with or that may be made compatible with

the permitting portal.

(b) Cooperation.--The department and Commonwealth agencies

shall cooperate in good faith to integrate the maximum number of

permits into the permitting portal.

(A) TECHNICAL ASSISTANCE.--AT THE REQUEST OF THE DEPARTMENT,

A COMMONWEALTH AGENCY SHALL PROVIDE TECHNICAL ASSISTANCE AND

GUIDANCE FOR THE IMPLEMENTATION OF ADDITIONAL FEATURES OR

RESOURCES OF THE ONE-STOP SHOP.

(B) INTEGRATION.--A COMMONWEALTH AGENCY SHALL COOPERATE IN

GOOD FAITH WITH THE DEPARTMENT FOR THE DEVELOPMENT OF ADDITIONAL

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FEATURES OR RESOURCES OF THE ONE-STOP SHOP.

Section 6 5. Preservation of Commonwealth agency authority.

(a) Existing regulatory authority.--This act shall not

supersede any regulatory authority granted to any Commonwealth

agency.

(b) Existing permit authority.--A Commonwealth agency listed

on the department's portal shall maintain final authority to do

the following:

(1) Determine the permits appropriate for inclusion on

the permitting portal.

(2) Approve or deny permits according to applicable law.

(3) Determine the requirements for submission and

payment of permit application fees and fines.

Section 7. Liability.

This act shall not impose any liability on the department

resulting from the operation of the permitting portal.

SECTION 6. ANNUAL REPORT.

NO LATER THAN JANUARY 1 OF EACH YEAR, THE DEPARTMENT SHALL

SUBMIT A REPORT ON THE ONE-STOP SHOP, INCLUDING INFORMATION ON

THE NUMBER OF BUSINESSES ASSISTED AND TYPES OF ASSISTANCE

PROVIDED TO EACH BUSINESS, TO THE FOLLOWING:

(1) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT COMMITTEE OF

THE SENATE.

(2) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

COMMERCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

Section 8 7. Effective date.

This act shall take effect immediately.

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