S1019B1321A03788 AJB:JSL 03/27/22 #90 A03788
AMENDMENTS TO SENATE BILL NO. 1019
Sponsor: REPRESENTATIVE ROWE
Printer's No. 1321
Amend Bill, page 1, line 22, by inserting after "for"
definitions and for
Amend Bill, page 1, line 23, by inserting after "authority"
; and making an editorial change
Amend Bill, page 1, lines 26 through 29; pages 2 and 3, lines
1 through 30; page 4, lines 1 and 2; by striking out all of said
lines on said pages and inserting
Section 1. The heading of Article XXI-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), is amended to read:
ARTICLE XXI-F
[TEMPORARY] COVID-19 REGULATORY FLEXIBILITY AUTHORITY
Section 2. Section 2101-F of the act is amended by adding a
definition 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:
* * *
"Federal public health emergency declaration." The
determination made on January 31, 2020, by the United States
Secretary of Health and Human Services under section 319 of the
Public Health Service Act (58 Stat. 682, 42 U.S.C. § 247d) that
a public health emergency exists relating to COVID-19 and any
renewal of the determination.
* * *
Section 3. Section 2102-F(c) introductory paragraph and (d)
of the act, amended September 30, 2021 (P.L.404, No.73), are
amended and the section is amended by adding subsections to
read:
Section 2102-F. COVID-19 regulatory flexibility authority.
* * *
(a.2) Additional temporary extensions.--The following
suspensions of regulatory statutes, rules and regulations
extended under subsection (a.1) which are in effect on March 31,
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2022, are extended until June 30, 2022, unless sooner terminated
by the authority which initially authorized the suspension:
(1) (Reserved).
(2) (Reserved).
(3) The following provisions enforced by the Department
of Banking and Securities:
(i) 7 Pa.C.S. § 6131(a.1) and (f)(2).
(ii) 12 Pa.C.S. § 6212(b)(2).
(iii) Section 4 of the Pawnbrokers License Act.
(iv) Section 8 of the Consumer Discount Company Act.
(v) Section 2 of the Money Transmission Business
Licensing Law.
(vi) Section 301(b)(3) of the Check Casher Licensing
Act.
(vii) Section 5(2) of the Debt Management Services
Act.
(viii) Section 313(a) of the Debt Settlement
Services Act.
(4) The following provisions enforced by the Department
of Military and Veterans Affairs:
(i) 51 Pa.C.S. § 709.
(ii) 51 Pa.C.S. § 3105.
(iii) Section 2407 of this act.
(iv) 4 Pa. Code § 39.93.
(v) 4 Pa. Code § 39.95.
(5) The following provisions enforced by the Department
of Labor and Industry:
(i) (Reserved).
(ii) Section 505.1 of the Unemployment Compensation
Law.
(iii) Section 9(a)(2)(i) and (3) and (b)(2)(i) of
the Child Labor Act.
(iv) 34 Pa. Code § 101.83.
(v) (Reserved).
(vi) 34 Pa. Code § 101.128.
(vii) 34 Pa. Code § 101.130.
(6) (Reserved).
(7) Regulatory statutes, rules or regulations enforced
by the Department of Health other than suspensions extended
under subsection (a.3).
(8) Regulatory statutes, rules or regulations enforced
by the Department of Human Services other than suspensions
extended under subsection (a.3).
(9) Regulatory statutes, rules or regulations enforced
by the Bureau of Professional and Occupational Affairs other
than suspensions extended under subsection (a.3).
(a.3) Additional extensions relating to Federal public
health emergency declaration.--Suspensions of regulatory
statutes, rules and regulations extended under subsection (a.1)
which are in effect on March 31, 2022, and which are related to
Federal exemptions granted under the Federal public health
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emergency declaration are extended until the later of the
following, unless sooner terminated by the authority that
initially authorized the suspension:
(1) The last day of the Federal public health emergency
declaration; or
(2) The last day Federal exemptions granted under the
Federal public health emergency declaration are authorized.
* * *
(c) Notice.--Upon the termination of an extension of a
suspension under subsection (a) [or (a.1)], (a.1), (a.2) or
(a.3), the authority which terminated the extension of the
suspension shall notify all of the following:
* * *
(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] 31, 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 and shall be provided to each member of the General
Assembly.
(2.1) No later than August 31, 2022, each authority
which initially authorized a suspension which was extended
under subsection (a.2) shall issue an updated report, which
shall be published on the authority's publicly accessible
Internet website and shall be provided to each member of the
General Assembly.
(2.2) No later than 60 days after the last day that the
Federal public health emergency declaration is in effect,
each authority which initially authorized a suspension which
was extended under subsection (a.3) shall issue an updated
report, which shall be published on the authority's publicly
accessible Internet website and shall be provided to each
member of the General Assembly.
(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), (a.2) and (a.3). 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):
(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.
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(C) Whether the extension was extended under
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.
(C) Whether the extension was extended under
subsection (a.2).
(D) Whether the extension was extended under
subsection (a.3).
(E) Whether the authority recommends that the
policy underlying the suspension be enacted
permanently into statute or regulation. The authority
may include analysis related to the recommendation.
(iv) For each suspension under subparagraph (i)
which was extended under subsection (a.2):
(A) Whether the extension of the suspension was
terminated under subsection (a.2) prior to June 30,
2022, and the date of the termination.
(B) Whether the extension of the suspension
expired on June 30, 2022.
(v) For each suspension under subparagraph (i) which
was extended under subsection (a.3):
(A) Whether the extension of the suspension was
terminated under subsection (a.3) prior to the last
day that the Federal public health emergency
declaration is in effect and the date of the
termination.
(B) If applicable, the last day that the Federal
public health emergency declaration is in effect.
Section 4. This act shall take effect immediately.
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