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PRINTER'S NO. 3579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2416
Session of
2020
INTRODUCED BY EVERETT, APRIL 17, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 17, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for emergency regulatory tolling and
extensions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE I-A
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EMERGENCY REGULATORY TOLLING AND EXTENSIONS
Section 101-A. Emergency regulatory tolling.
(a) Tolling.--Except as set forth in subsection (c), a time
period applicable under the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act, to a proposed
regulation, a final-form regulation or a final-omitted
regulation as of the effective date of this section is tolled
under subsection (b). The following apply:
(1) A proposed regulation under this subsection may not
be submitted as a final-form regulation.
(2) A final-form regulation under this subsection may
not be promulgated as a regulation.
(3) A final-omitted regulation under this subsection may
not be promulgated as a regulation.
(b) Tolled period.--A time period under subsection (a) is
tolled until 90 days after the declaration is terminated by
executive order, proclamation or operation of law.
(c) Waiver.--Subsection (a) does not apply if there is a
waiver through the following process:
(1) Prior to the expiration of the tolled period tolling
under subsection (b), a Commonwealth agency may petition to
the appropriate standing committees of the Senate and House
of Representatives under section 7(d) of the Regulatory
Review Act, for a waiver of the tolling under subsection (a).
The petition must be:
(i) in writing;
(ii) signed by the head of the Commonwealth agency
or its governing body; and
(iii) submitted to the chair of each standing
committee for distribution to members.
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(2) The waiver must be granted by a majority vote of
each standing committee.
(d) Definition.--As used in this section, the term
"declaration" means the declaration of disaster emergency issued
by the Governor on March 6, 2020, published in 50 Pa.B. 1644
(March 21, 2020) and any renewal of the state of disaster
emergency.
Section 2. This act shall take effect immediately.
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