PRINTER'S NO. 3104
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2196
Session of
2020
INTRODUCED BY DUSH, JAMES, ZIMMERMAN, KEEFER, MOUL AND KLUNK,
JANUARY 10, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 10, 2020
AN ACT
Amending Title 1 (General Provisions) of the Pennsylvania
Consolidated Statutes, in rules of construction, further
providing for legislative intent controls.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1921(c)(8) of Title 1 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
ยง 1921. Legislative intent controls.
* * *
(c) Matters considered in ascertaining intent.--When the
words of a statute are not explicit, the intention of the
General Assembly may be ascertained by considering, among other
matters:
* * *
(8) Legislative [and administrative] interpretations of
such statute.
(d) Deference.--When the words of a statute are not
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explicit, the court may not:
(1) i nterpret the ambiguity as an implicit delegation to
an agency of legislative rulemaking authority; and
(2) rely on the ambiguity as a justification for any of
the following:
(i) Interpreting the agency's authority expansively.
(ii) Deferring to the agency's interpretation on the
question of law.
(e) Applicability.--Notwithstanding any other provision of
law, this section shall apply to the judicial review of an
agency action authorized under any other provision of law.
Section 2. This act shall take effect in 60 days.
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