PRIOR PRINTER'S NO. 222

PRINTER'S NO. 1225

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

259

Session of

2023

INTRODUCED BY MASTRIANO, BARTOLOTTA AND ROTHMAN,

JANUARY 31, 2023

SENATOR COLEMAN, INTERGOVERNMENTAL OPERATIONS, AS AMENDED,

This act shall be referred to as the Fighting Chance Act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Part V of Title 71 of the

Pennsylvania Consolidated Statutes is amended to read:

Section 2. Title 71 is amended by adding chapters to read:

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4403. Establishment.

4404. Reporting by pilot agencies.

4405. Reporting.

4406. Report required.

4407. Regulatory catalogs of executive agencies.

4408. 4406. Agency tracking of regulations.

§ 4401. Legislative intent.

It is the intent of the General Assembly through this

legislation to reduce barriers for small business owners,

workers and returning residents FORMERLY INCARCERATED

INDIVIDUALS of this Commonwealth who want to enter the workforce

"Office." The Governor's Office of the Budget.

"Pilot agencies." The following entities:

(1) The Bureau of Professional and Occupational Affairs

in the Department of State of the Commonwealth.

(2) The Pennsylvania Parole Board.

(3) THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH.

"Program." The regulatory reduction pilot program

established under section 4403 (relating to establishment).

"Regulation." Any rule or regulation, or order in the nature

of a rule or regulation, promulgated by an agency under

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regulation, or prescribing the practice or procedure before the

agency. THE TERM SHALL NOT INCLUDE A PROCLAMATION, EXECUTIVE

ORDER, DIRECTIVE OR SIMILAR DOCUMENT ISSUED BY THE GOVERNOR, BUT

SHALL INCLUDE A REGULATION WHICH MAY BE PROMULGATED BY AN

AGENCY, ONLY WITH THE APPROVAL OF THE GOVERNOR.

"Regulatory requirement." An action required to be taken or

information required to be provided in accordance with a statute

or regulation in order to access government services or operate

and conduct business by a regulated entity.

"Secretary." The Secretary of the Budget.

§ 4403. Establishment.

(b) Program focus and reduction.--The program shall focus on

regulations promulgated and administered by pilot agencies. The

stated goal of the program shall be to reduce unnecessary

regulatory requirements, compliance costs and regulatory burden

across pilot agencies by July 1, 2026 25% WITHIN 36 MONTHS .

(c) Baseline regulatory catalog.--The secretary shall ensure

that pilot agencies develop a baseline regulatory catalog by

October 1, 2023, NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE

DATE OF THIS SUBSECTION that identifies:

(1) The total number and type of regulations and

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INCARCERATED INDIVIDUALS OF THIS COMMONWEALTH WHO WANT TO

ENTER THE WORKFORCE IN AN OCCUPATION REQUIRING A LICENSE AS A

CONDITION OF EMPLOYMENT.

(2) Any specific Federal or State mandates or statutory

authority that requires the regulations and associated

requirements.

(d) Catalog data report to office.--The catalog data shall

be reported to the office in a manner specified by the office

and transmitted to the Legislative Reference Bureau for

publication in the NEXT AVAILABLE ISSUE OF THE Pennsylvania

Bulletin .

action.

§ 4404. Reporting by pilot agencies.

(a) Initial report.--The pilot agencies shall report all

regulations and regulatory requirements initially identified for

elimination, amendment or streamlining to the office, the

Governor and the General Assembly by July 1, 2024 NO LATER THAN

12 MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION ,

including:

(1) Any regulation proposed for elimination or

modification that requires a change in State law.

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pilot agencies baseline regulatory catalog.

(b) Follow-up report.--The pilot agencies shall report all

regulations and regulatory requirements initially identified for

elimination, amendment or streamlining to the office by July 1,

2025, including:

(1) Any regulation proposed for elimination or

modification that requires a change in State law.

(2) Initiation of any reforms, through a rulemaking or

nonregulatory action, that produce a reduction of the

regulations and regulatory requirements contained in the

pilot agencies baseline regulatory catalog.

modification that requires a change in State law.

(2) Initiation of any reforms, through a rulemaking or

nonregulatory action, that produce a reduction of the

regulations and regulatory requirements contained in the

pilot agencies baseline regulatory catalog.

(d) Failure to meet reduction.--If a pilot agency is unable

to produce a reduction of the regulations and regulatory

requirements under subsection (a) , OR (b) or (c) , the pilot

agency shall provide a separate report to the Governor, the

General Assembly and the s ecretary stating the reasons for not

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annually to the President pro tempore of the Senate and the

Speaker of the House of Representatives no later than October 1,

2024, and October 1, 2025, 12 MONTHS AND 24 MONTHS AFTER THE

EFFECTIVE DATE OF THIS SUBSECTION on the progress of the

program. The report shall include recommendations on the

elimination or modification of regulations.

(b) Failure to meet reduction.--If, by July 1, 2025, the

program has not achieved a reduction in regulatory requirements

across both pilot agencies, either by initiating rulemaking

actions or other streamlining actions, the secretary shall

include the reasons for not achieving a reduction in the next

following information:

(1) The progress towards achieving a reduction in

regulations and regulatory requirements .

(2) Recommendations for expanding the program to other

agencies.

(3) Any additional information that the secretary

determines may be helpful to support the General Assembly's

regulatory reduction and reform efforts.

§ 4406. Report required.

(a) Report on failure to achieve program reduction.--If, by

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either by initiating rulemaking actions or other streamlining

actions, the secretary shall direct pilot agencies to report on

the factors leading to why the pilot agency could not achieve a

reduction in regulations and regulatory requirements across the

pilot agencies under section 4403(b) and provide recommendations

for policy and legislative changes required in order for the

pilot agency to achieve the intent of section 4401 (relating to

legislative intent).

(b) Permitted budgetary review of pilot agencies.--The

President pro tempore of the Senate and the Speaker of the House

of Representatives may also direct the Legislative Budget and

Finance Committee to review the regulatory reduction efforts of

pilot agencies as part of the program and report to the General

Assembly any findings and recommendations regarding:

(1) Whether a reduction in regulations and regulatory

requirements are reasonable and achievable.

(2) Policies, practices and methods that may be adopted

by agencies to successfully achieve a reduction in

regulations and regulatory requirements .

§ 4407. Regulatory catalogs of executive agencies.

By July 1, 2025, all executive branch agencies, boards and

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(1) Any specific Federal or State mandates.

(2) The statutory authority that requires the

regulations and associated regulatory requirements.

§ 4408 4406 . Agency tracking of regulations.

(a) Tracking and reporting agency compliance.--The office

shall track and report on the extent to which agencies comply

with existing requirements to periodically review all

regulations every four years and report the office's findings to

the Governor, the General Assembly and the Independent Fiscal

Office.

(b) Agency schedule of review.--Agencies shall provide to

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