Regular Session 2021-2022 House Bill 1861 P.N. 2200

SENATE AMENDED

PRIOR PRINTER'S NO. 2107

PRINTER'S NO. 2200

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1861

Session of

2021

INTRODUCED BY LEWIS, LEWIS DELROSSO, ROWE AND GROVE,

SEPTEMBER 14, 2021

SENATOR BROOKS, HEALTH AND HUMAN SERVICES, IN SENATE, RE-

REPORTED AS AMENDED, SEPTEMBER 28, 2021

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," in temporary regulatory flexibility authority,

further providing for definitions and for temporary

regulatory flexibility authority.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "order" in section 2101-F of

the act of April 9, 1929 (P.L.177, No.175), known as The

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Administrative Code of 1929, added June 11, 2021 (P.L.56,

No.21), is amended to read:

SECTION 1. SECTIONS 2101-F AND 2102-F OF THE ACT OF APRIL 9,

1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF

1929, ADDED JUNE 11, 2021 (P.L.56, NO.21), ARE AMENDED TO READ:

Section 2101-F. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"COVID-19." THE CORONAVIRUS DISEASE 2019, BEING AN

INFECTIOUS DISEASE CAUSED BY SEVERE ACUTE RESPIRATORY SYNDROME

CORONAVIRUS 2 THAT WAS FIRST IDENTIFIED DURING DECEMBER 2019 IN

WUHAN, CHINA.

["Order."] "COVID-19 declaration of disaster emergency."

"DECLARATION." Any of the following:

(1) the declaration of disaster emergency issued by the

Governor on March 6, 2020, published at 50 Pa.B. 1644 (March

21, 2020); or

(2) a declaration of disaster emergency relating to

COVID-19 which is issued after March 6, 2020.

Section 2. Section 2102-F(a) and (b) of the act, added June

11, 2021 (P.L.56, No.21), are amended and the section is amended

by adding a subsection to read:

Section 2102-F. [Temporary] COVID-19 regulatory flexibility

authority.

(a) Extension.--The suspension of a regulatory statute

prescribing the procedures for conduct of Commonwealth business,

or an order, rule or regulation of a Commonwealth agency which

was suspended under 35 Pa.C.S. § 7301(f)(1) (relating to general

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authority of Governor) as of the last day that the [order]

COVID-19 declaration of disaster emergency , as amended and

renewed, was in effect is extended until September 30, 2021,

unless sooner terminated by the authority which initially

authorized the suspension.

(b) Applicability.--A suspension which is extended under

subsection (a) shall be retroactive to the last day that the

[order] COVID-19 declaration of disaster emergency, as amended

and renewed, was in effect.

* * *

(A.1) ADDITIONAL TEMPORARY EXTENSIONS.--THE FOLLOWING

SUSPENSIONS OF REGULATORY STATUTES, RULES AND REGULATIONS

EXTENDED UNDER SUBSECTION (A) WHICH ARE IN EFFECT ON SEPTEMBER

30, 2021, ARE EXTENDED UNTIL MARCH 31, 2022, UNLESS SOONER

TERMINATED BY THE AUTHORITY WHICH INITIALLY AUTHORIZED THE

SUSPENSION:

(1) THE FOLLOWING PROVISIONS ENFORCED BY THE DEPARTMENT

OF DRUG AND ALCOHOL PROGRAMS:

(I) 28 PA. CODE § 715.6(D) (RELATING TO PHYSICIAN

STAFFING).

(II) 28 PA. CODE § 715.9(A)(4) (RELATING TO INTAKE).

(III) 28 PA. CODE § 715.16(E) (RELATING TO TAKE-HOME

PRIVILEGES).

(2) THE FOLLOWING PROVISIONS ENFORCED BY THE OFFICE OF

ADMINISTRATION:

(I) 71 PA.C.S. § 2407 (RELATING TO EMERGENCY

APPOINTMENTS).

(II) 4 PA. CODE § 604.5 (RELATING TO REASSIGNMENTS

AND TRANSFERS AUTHORIZED).

(III) 4 PA. CODE § 604.6 (RELATING TO INITIATION OF

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TRANSFERS).

(IV) 4 PA. CODE § 604.7 (RELATING TO LIMITATIONS ON

TRANSFER).

(V) 4 PA. CODE § 604.8 (RELATING TO EFFECT OF

TRANSFER ON PROBATIONARY PERIOD).

(VI) 4 PA. CODE § 604.9 (RELATING TO TRANSFER OF

CLASSIFIED SERVICE EMPLOYEES ENTERING THE SENIOR

MANAGEMENT SERVICE).

(3) THE FOLLOWING PROVISIONS ENFORCED BY THE DEPARTMENT

OF BANKING AND SECURITIES:

(I) 7 PA.C.S. § 6131(A.1) AND (F)(2) (RELATING TO

APPLICATION FOR LICENSE).

(II) 12 PA.C.S. § 6212(B)(2) (RELATING TO INITIAL

LICENSE APPLICATION).

(III) SECTION 4 OF THE ACT OF APRIL 6, 1937

(P.L.200, NO.51), KNOWN AS THE PAWNBROKERS LICENSE ACT.

(IV) SECTION 8 OF THE ACT OF APRIL 8, 1937 (P.L.262,

NO.66), KNOWN AS THE CONSUMER DISCOUNT COMPANY ACT.

(V) SECTION 2 OF THE ACT OF SEPTEMBER 2, 1965

(P.L.490, NO.249), REFERRED TO AS THE MONEY TRANSMISSION

BUSINESS LICENSING LAW.

(VI) SECTION 301(B)(3) OF THE ACT OF FEBRUARY 18,

1998 (P.L.146, NO.22), KNOWN AS THE CHECK CASHIER

LICENSING ACT.

(VII) SECTION 5(2) OF THE ACT OF OCTOBER 9, 2008

(P.L.1421, NO.117), KNOWN AS THE DEBT MANAGEMENT SERVICES

ACT.

(VIII) SECTION 313(A) OF THE ACT OF JULY 9, 2014

(P.L.1022, NO.118), KNOWN AS THE DEBT SETTLEMENT SERVICES

ACT.

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(4) THE FOLLOWING PROVISIONS ENFORCED BY THE DEPARTMENT

OF MILITARY AND VETERANS AFFAIRS:

(I) 51 PA.C.S. § 709 (RELATING TO OPERATION OF

STATE-OWNED VEHICLES).

(II) 51 PA.C.S. § 3105 (RELATING TO ASSOCIATION

GROUP LIFE INSURANCE FOR PENNSYLVANIA NATIONAL GUARD).

(III) SECTION 2407 OF THIS ACT.

(IV) 4 PA. CODE § 39.93 (RELATING TO GENERAL).

(V) 4 PA. CODE § 39.95 (RELATING TO OPERATION OF

STATE AUTOMOBILES).

(5) THE FOLLOWING PROVISIONS ENFORCED BY THE DEPARTMENT

OF LABOR AND INDUSTRY:

(I) SECTION 449 OF THE ACT OF JUNE 2, 1915 (P.L.736,

NO.338), KNOWN AS THE WORKERS' COMPENSATION ACT.

(II) SECTION 505.1 OF THE ACT OF DECEMBER 5, 1936

(2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE

UNEMPLOYMENT COMPENSATION LAW.

(III) SECTION 9(A)(2)(I) AND (3) AND (B)(2)(I) OF

THE THE ACT OF OCTOBER 24, 2012 (P.L.1209, NO.151), KNOWN

AS THE CHILD LABOR ACT.

(IV) 34 PA. CODE § 101.83 (RELATING TO NOTIFICATION

OF FILING OF APPEAL).

(V) 34 PA. CODE § 101.110 (RELATING TO NOTICE OF

DECISION OF BOARD).

(VI) 34 PA. CODE § 101.128 (RELATING TO SCHEDULING

OF TELEPHONE TESTIMONY).

(VII) 34 PA. CODE § 101.130 (RELATING TO NOTICE OF

TESTIMONY BY TELEPHONE AND USE OF DOCUMENTS).

(6) THE FOLLOWING PROVISIONS ENFORCED BY THE DEPARTMENT

OF REVENUE:

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(I) SECTION 903 OF THE ACT OF MARCH 4, 1971 (P.L.6,

NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.

(II) SECTION 1502 OF THE TAX REFORM CODE.

(7) REGULATORY STATUTES, RULES OR REGULATIONS ENFORCED

BY THE DEPARTMENT OF HEALTH.

(8) REGULATORY STATUTES, RULES OR REGULATIONS ENFORCED

BY THE DEPARTMENT OF HUMAN SERVICES.

(9) REGULATORY STATUTES, RULES OR REGULATIONS ENFORCED

BY THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS.

(B) APPLICABILITY.--

(1) A SUSPENSION WHICH IS EXTENDED UNDER SUBSECTION (A)

SHALL BE RETROACTIVE TO THE LAST DAY THAT THE [ORDER]

DECLARATION, AS AMENDED AND RENEWED, WAS IN EFFECT.

(2) A SUSPENSION EXTENDED UNDER SUBSECTION (A.1) SHALL

BE RETROACTIVE TO SEPTEMBER 30, 2021.

SUSPENSION UNDER SUBSECTION (A) OR (A.1), THE AUTHORITY WHICH

TERMINATED THE EXTENSION OF THE SUSPENSION SHALL NOTIFY ALL OF

THE FOLLOWING:

(1) THE PRESIDENT PRO TEMPORE OF THE SENATE.

(2) THE MAJORITY LEADER OF THE SENATE.

(3) THE MINORITY LEADER OF THE SENATE.

(4) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(5) THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

(6) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

(7) THE CHAIR AND MINORITY CHAIR OF EACH COMMITTEE OF

THE SENATE AND OF THE HOUSE OF REPRESENTATIVES WHICH HAVE

OVERSIGHT AUTHORITY OVER THE COMMONWEALTH AGENCY WHICH

ADMINISTERS THE REGULATORY STATUTE, ORDER, RULE OR

REGULATION.

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(d) Final report.--No later than November 1, 2021, each

authority which initially authorized a suspension which was

extended under subsection (a) shall issue a final report. A

final report under this subsection shall include all of the

following:

(1) A list of each suspension which was extended under

subsection (a). The list under this paragraph shall include a

reference to the statute, order, rule or regulation which was

suspended.

(2) For each suspension under paragraph (1) which was

terminated under subsection (a), the date that the suspension

was terminated.

(D) REPORTS.--

(1) NO LATER THAN NOVEMBER 1, 2021, EACH AUTHORITY WHICH

INITIALLY AUTHORIZED A SUSPENSION WHICH WAS EXTENDED UNDER

SUBSECTION (A) SHALL ISSUE A REPORT, WHICH SHALL BE PUBLISHED

ON THE AUTHORITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(2) NO LATER THAN MAY 1, 2022, EACH AUTHORITY WHICH

INITIALLY AUTHORIZED A SUSPENSION WHICH WAS EXTENDED UNDER

SUBSECTION (A.1) SHALL ISSUE AN UPDATED REPORT, WHICH SHALL

BE PUBLISHED ON THE AUTHORITY'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

(3) A REPORT UNDER THIS SUBSECTION SHALL INCLUDE ALL OF

THE FOLLOWING:

(I) A LIST OF EACH SUSPENSION WHICH WAS EXTENDED

UNDER SUBSECTIONS (A) AND (A.1). THE LIST UNDER THIS

PARAGRAPH SHALL INCLUDE A REFERENCE TO THE REGULATORY

STATUTE, ORDER, RULE OR REGULATION WHICH WAS SUSPENDED.

(II) FOR EACH SUSPENSION UNDER SUBPARAGRAPH (I)

WHICH WAS EXTENDED UNDER SUBSECTION (A):

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(A) WHETHER THE EXTENSION OF THE SUSPENSION WAS

TERMINATED UNDER SUBSECTION (A) PRIOR TO SEPTEMBER

30, 2021, AND THE DATE OF THE TERMINATION.

(B) WHETHER THE EXTENSION OF THE SUSPENSION

EXPIRED ON SEPTEMBER 30, 2021.

SUBSECTION (A.1).

(III) FOR EACH SUSPENSION UNDER SUBPARAGRAPH (I)

WHICH WAS EXTENDED UNDER SUBSECTION (A.1):

(A) WHETHER THE EXTENSION OF THE SUSPENSION WAS

TERMINATED UNDER SUBSECTION (A.1) PRIOR TO MARCH 31,

2022, AND THE DATE OF THE TERMINATION.

(B) WHETHER THE EXTENSION OF THE SUSPENSION

EXPIRED ON MARCH 31, 2022.

Section 3 2. This act shall take effect immediately.

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