PRIOR PRINTER'S NO. 1611
PRINTER'S NO. 1759
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1203
Session of
2022
INTRODUCED BY ARGALL, SCHWANK, GEBHARD, MENSCH, BARTOLOTTA,
KANE, YUDICHAK, COSTA, STREET, ROBINSON, PITTMAN AND STEFANO,
APRIL 22, 2022
SENATOR ARGALL, STATE GOVERNMENT, AS AMENDED, JUNE 14, 2022
AN ACT
Preventing the Commonwealth from dealing with persons associated
with the Government of Russia or the Government of Belarus;
and imposing duties on the Treasury Department and the
Attorney General.
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 Restrictions
for Associations with Russia and Belarus Act.
Section 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 agency." As defined in 62 Pa.C.S. ยง 103
(relating to definitions).
"CRITICAL MATERIAL" OR "CRITICAL MINERAL." A MATERIAL OR
MINERAL THAT:
(1) HAS A SIGNIFICANT ECONOMIC IMPORTANCE FOR KEY
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
SECTORS OF THE STATE OR NATIONAL ECONOMY;
(2) HAS A HIGH-SUPPLY RISK DUE TO IMPORT DEPENDENCE OR
HIGH LEVELS OF CONCENTRATION IN PARTICULAR COUNTRIES OR
REGIONS; AND
(3) LACKS VIABLE SUBSTITUTES DUE TO ITS UNIQUE
PROPERTIES AND NATURE.
"Person." An individual, corporation, partnership, limited
liability company, business trust, association, estate, trust,
foundation, business entity or government entity.
Section 3. List of persons associated with Russia or Belarus.
(a) Development of list.--Within 60 days of the effective
date of this section, the Treasury Department shall, using
credible information available to the public, develop a list of
persons in this Commonwealth that, as determined by the Treasury
Department, meet any of the following criteria:
(1) Have a direct equity share with the Government of
Russia or the Government of Belarus.
(2) Have business operations that involve contracts with
or the provision of goods or services to the Government of
Russia or the Government of Belarus.
(3) Are headquartered or have a principal place of
business in Russia or Belarus.
(4) Support, assist or facilitate the Government of
Russia or the Government of Belarus in the shared campaign to
invade the sovereignty of Ukraine, either through in-kind
support or for-profit dealings.
(b) Update of list.--The list under subsection (a) shall be
updated every 90 days.
Section 4. Restrictions.
If a person is found to be on the list under section 3, the
20220SB1203PN1759 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
person may not:
(1) Bid on, submit a proposal for, enter into or renew a
contact CONTRACT with a Commonwealth agency for the provision
of goods or services.
(2) Submit a proposal for or renew a grant issued by the
Commonwealth.
(3) Submit a proposal for or renew a tax credit offered
by the Commonwealth.
Section 5. Notice and challenge.
(a) Notice.--The Treasury Department shall provide to each
person on the list under section 3 notice of:
(1) The person's inclusion on the list.
(2) The restrictions under section 4.
(3) The opportunity of the person to challenge the
person's inclusion on the list, through commenting in writing
that the person does not meet any of the criteria specified
in section 3(a).
(b) Successful challenge.--If a person challenges the
person's inclusion on the list under section 3 and demonstrates
to the satisfaction of the Treasury Department that the person
does not meet any of the criteria specified in section 3(a), the
person shall not be included on the list.
(c) Unsuccessful challenge.--If a person challenges the
person's inclusion on the list under section 3 but does not
demonstrate to the satisfaction of the Treasury Department that
the person does not meet any of the criteria specified in
section 3(a), the Treasury Department shall forward the matter
to the Attorney General for further review.
(d) Duty of Attorney General.--
(1) If, after receiving the matter under subsection (c),
20220SB1203PN1759 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Attorney General finds that the evidence presented by the
person is with merit, the Attorney General shall make a
recommendation to the Treasury Department that the person not
be included on the list under section 3.
(2) If, after receiving the matter under subsection (c),
the Attorney General finds that the evidence presented by the
person is without merit, the Attorney General shall determine
whether to pursue appropriate criminal or civil charges
against the person.
SECTION 6. CRITICAL MATERIALS AND CRITICAL MINERALS.
THE TREASURY DEPARTMENT SHALL DEVELOP A LIST OF CRITICAL
MATERIALS AND CRITICAL MINERALS THAT ARE EXEMPTED FROM THIS ACT
THAT INCLUDE THOSE MINERALS IDENTIFIED AS CRITICAL BY THE UNITED
STATES DEPARTMENT OF THE INTERIOR AS PART OF EXECUTIVE ORDER
13817. THIS LIST SHALL BE REVIEWED ANNUALLY BY THE TREASURY
DEPARTMENT.
Section 6 7. Effective date.
This act shall take effect in 30 days.
20220SB1203PN1759 - 4 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18