Regular Session 2017-2018 House Bill 2310 P.N. 3707

PRINTER'S NO. 3707

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2310

Session of

2018

INTRODUCED BY WHEATLEY, BULLOCK, SCHLOSSBERG, McCLINTON AND

KINSEY, JUNE 18, 2018

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 18, 2018

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled,

as amended, "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 the

regulation of pari-mutuel thoroughbred horse racing and

harness horse racing activities, imposing certain taxes and

providing for the disposition of funds from pari-mutuel

tickets; 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 social impact assessment

office.

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 VI-C

SOCIAL IMPACT ASSESSMENT OFFICE

Section 601-C. Scope of article.

This article relates to social impact assessments.

Section 602-C. 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:

"Executive director." The executive director of the office.

"Office." The Social Impact Assessment Office established in

section 603-C.

"Selection and organization committee." The Social Impact

Assessment Office Selection and Organization Committee

established in section 604-C.

"Social impact." The intended and unintended social

consequences, both positive and negative, of planned

interventions.

Section 603-C. Office established.

There is established a nonpartisan Social Impact Assessment

Office as an independent agency.

Section 604-C. Selection and organization committee.

(a) Establishment and purpose.--There is established the

Social Impact Assessment Office Selection and Organization

Committee to organize the office and appoint an executive

director.

(b) Members.--The selection and organization committee shall

consist of the following:

(1) The President pro tempore of the Senate.

(2) The Minority Leader of the Senate.

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(3) The Speaker of the House of Representatives.

(4) The Minority Leader of the House of Representatives.

Section 605-C. Executive director.

(a) Appointment.--The selection and organization committee

shall appoint an executive director as the head of the office.

The appointment shall be made:

(1) no later than July 1, 2019;

(2) without regard to political affiliation and solely

on the basis of fitness to perform the duties of the office;

and

(3) based on qualifications published by the selection

and organization committee.

(b) Term.--

(1) Except as provided in paragraphs (2) and (3), the

term of the executive director shall be six years.

(2) An individual appointed as the executive director to

fill a vacancy in that position prior to the expiration of

the six-year term shall serve only for the unexpired portion

of that term.

(3) An individual serving as the executive director at

the expiration of a six-year term may continue to serve until

a successor executive director is appointed.

concurrent resolution passed by the Senate and House of

Representatives.

(d) Deputy executive director.--The executive director shall

appoint a deputy executive director, who shall:

(1) perform the duties as assigned by the executive

director; and

(2) act as executive director during the absence or

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incapacity of the executive director or as a result of the

position of executive director becoming vacant.

(e) Personnel.--

(1) The executive director shall appoint and fix the

compensation of personnel as necessary to carry out the

duties and functions of the office.

(2) All personnel of the office shall be appointed

without regard to political affiliation and solely on the

basis of fitness to perform the duties of the office.

(f) Temporary or intermittent services.--In carrying out the

duties and functions of the office, the executive director may

by contract procure the temporary or intermittent services of

attorneys, experts, consultants or other persons.

Section 606-C. Powers and duties of office.

(a) General powers and duties.--The office shall have the

power and duty to:

(1) Adopt bylaws and procedures for the conduct of its

official business.

(2) Conduct reviews under subsection (b).

(3) Respond to inquiries from members of the legislative

and executive branch of government regarding the social

impact of matters not specifically addressed under subsection

(b).

(4) Prepare social impact assessments under section 608-

(5) Issue subpoenas to compel testimony or receive

information reasonably necessary to carry out its powers and

duties under this article.

(6) Issue an annual report that includes, but is not

limited to, any applicable findings and recommendations and a

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summary of its activities during the preceding year.

(7) Perform other appropriate functions as determined by

the executive director.

(b) Review.--

(1) The office shall conduct a review of statutes,

legislation, regulations, rules, policies, procedures and

public policy information on the Federal, State and local

levels associated with the following topics:

(i) Felony crimes committed by individuals who are

18 years of age or older.

(ii) Felony crimes or misdemeanors committed by

individuals who are under 18 years of age.

(iii) Public school finance.

(iv) The structure, mission or creation of

institutions of higher education.

(2) As part of the review, the office shall:

(i) Formulate applicable principles and objectives.

(ii) Analyze the components under paragraph (1) on

its own initiative or upon request from a member of the

legislative or executive branch of government.

(iii) Recommend as it deems advisable any new

components, or any amendments or improvements to existing

components, under paragraph (1).

(iv) Cooperate with State and municipal entities on

any matter applicable to the review.

(v) Analyze the relationship of legislation

applicable to the review on public and private sector

systems, other aspects of public policy and the effective

operation of government.

(vi) Issue a report containing a summary of its

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analyses under this paragraph and any findings and

recommendations relevant to the review.

transmitted to the Governor and the General Assembly in a timely

manner and in electronic form or otherwise, as determined by the

executive director.

(d) Priority.--In administering the office, the executive

director shall prioritize as necessary, in light of limited time

and resources, the duties associated with the office and review

under this section.

Section 607-C. Records.

The office shall be a legislative agency for purpose of the

act of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law.

Section 608-C. Social impact assessment.

(a) Mandatory nature.--Except as otherwise provided in

subsection (b):

(1) If a bill or resolution authorizes or requires a

change in the law regarding the topics under section 606-C(b)

(1), the bill or resolution shall be accompanied by a social

impact assessment from the office prior to a vote on the bill

or resolution by a standing committee of the General

Assembly. If a bill or resolution that would not otherwise

require a social impact assessment is amended by a standing

committee to include an amendment authorizing or requiring a

change in the law regarding the topics under section 606-C(b)

(1), a social impact assessment for the amended bill or

resolution shall be required before the amended bill or

resolution receives a vote by the standing committee.

(2) If a bill or resolution did not require a social

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impact assessment under paragraph (1) but was subsequently

amended to include an amendment authorizing or requiring a

change in the law regarding the topics under section 606-C(b)

(1), a social impact assessment for the amended bill or

resolution shall be required before the amended bill or

resolution receives a vote on final passage in the house that

amended the bill or resolution.

(b) Preparation.--

(1) In preparing a social impact assessment, the office

may use information or data from any department, agency,

governmental unit, organization or other person that the

executive director deems reliable. As part of the social

impact assessment, the executive director:

(i) shall provide the source of the information or

data; and

(ii) may state the extent to which the social impact

assessment is based on the information or data.

(2) A required social impact assessment shall be

prepared within seven legislative days after the executive

director receives notice of the need for the social impact

assessment, given the nature of the bill, resolution or

amendment being considered.

(3) If, within seven legislative days after receiving

notice under paragraph (2), the executive director determines

that the office is unable to acquire or develop information

or data necessary to prepare a social impact assessment

explaining in sufficient detail the social impact of the

bill, resolution or amendment, the executive director shall

prepare a truncated version of a social impact assessment,

which acknowledges and explains the lack of information or

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data necessary to prepare a more detailed social impact

assessment. The following apply:

(i) The executive director shall provide a more

detailed social impact assessment for the bill,

resolution or amendment if, during the legislative

process, more information or data becomes available.

(ii) If the executive director determines during the

legislative process that a more detailed social impact

assessment cannot be prepared for the bill, resolution or

amendment, the executive director shall notify the

General Assembly.

(4) The executive director shall sign each required

social impact assessment under this section.

(1) A required social impact assessment shall be

transmitted to the following:

(i) The chairperson and minority chairperson of the

standing committee that is considering the bill or

resolution.

(ii) The prime sponsor of the bill or resolution.

(iii) The member offering an amendment to a bill or

resolution that results in a required social impact

assessment.

(2) The required social impact assessment for a bill,

resolution or amendment shall be available to members of the

General Assembly prior to the vote under subsection (a).

(3) A required social impact assessment for a bill

shall:

(i) be available throughout the entire legislative

process; and

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(ii) accompany the bill if presented to the

Governor.

Section 2. The addition of section 608-C of the act shall

apply to any bill or resolution, or any amendment to a bill or

resolution, introduced after December 31, 2019.

Section 3. This act shall take effect as follows:

(1) The following shall take effect January 1, 2020:

(i) The addition of section 606-C of the act.

(ii) The addition of section 608-C of the act.

(2) The following shall take effect immediately:

(i) This section.

(ii) The remainder of this act.

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