PRINTER'S NO. 156
No. 156 Session of 1989
INTRODUCED BY HOLL, JANUARY 23, 1989
REFERRED TO STATE GOVERNMENT, JANUARY 23, 1989
AN ACT
1 Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
2 as reenacted and amended, "An act providing for independent
3 oversight and review of regulations, creating an Independent
4 Regulatory Review Commission, providing for its powers and
5 duties and making repeals," extending the time for review by
6 the commission and by legislative committees.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 5(c) and 6(a) of the act of June 25,
10 1982 (P.L.633, No.181), known as the Regulatory Review Act,
11 reenacted and amended February 21, 1986 (P.L.47, No.16), are
12 amended to read:
13 Section 5. Proposed regulation; criteria for review, existing
14 regulations.
15 * * *
16 (c) The standing committee shall, within [20] 30 calendar
17 days from the date the proposed regulation is published in the
18 Pennsylvania Bulletin, approve or disapprove the proposed
19 regulation. The standing committee shall notify the commission
1 of approval or disapproval. Failure of both standing committees 2 to disapprove a regulation within the [20] 30 calendar days 3 shall constitute approval thereof. Along with a notification of 4 approval or disapproval the committee shall convey a report 5 which includes: 6 (1) A copy of the proposed regulation. 7 (2) A summary of the objections of the committee, if 8 any, stating the reasons why the committee has found the 9 proposed regulation unacceptable, and a copy of any staff 10 reports deemed pertinent by the committee. Such reasons shall 11 include, but not be limited to, deviations from the statutory 12 authority of the agency and the intention of the General 13 Assembly in the enactment of the statute upon which the 14 proposed regulation was based. 15 In the event the standing committees are prevented from 16 completing their [20-day] 30-day review because of expiration of 17 the legislative session in even-numbered years, consideration of 18 the proposed regulation shall be automatically suspended until 19 the fourth Monday in January of the next succeeding session of 20 the General Assembly. On that date, the agency shall resubmit 21 the proposed regulation to the designated standing committee of 22 each chamber, or its successor committee, and to the commission. 23 The standing committees, or their successor committees, shall 24 have [20] 30 calendar days and the commission shall have [30] 40 25 calendar days from the date the proposed regulation is published 26 in the Pennsylvania Bulletin to review such regulation. In 27 computing the [20-day] 30-day committee review period and the 28 [30-day] 40-day commission review period, the number of days in 29 which the proposed regulation had been under review by the 30 standing committees and by the commission as of the expiration 19890S0156B0156 - 2 -
1 of the prior session shall be subtracted from the [20-day] 30- 2 day committee and the [30-day] 40-day commission review periods, 3 respectively. Failure of the agency to resubmit the proposed 4 regulation on the fourth Monday in January of the next 5 succeeding session shall constitute withdrawal thereof. No 6 proposed regulation shall be submitted to the commission or the 7 standing committees for review during the period from the end of 8 the legislative session of even-numbered years to the first day 9 of the next succeeding legislative session, but emergency 10 regulations may be adopted pursuant to the provisions of section 11 6(b). 12 * * * 13 Section 6. Procedures for commission consideration and agency 14 review. 15 (a) Whenever the commission shall find that a proposed 16 regulation submitted to the Legislative Reference Bureau for 17 publication of notice of proposed rulemaking in the Pennsylvania 18 Bulletin or that a regulation for which notice of proposed 19 rulemaking is omitted pursuant to section 204 of the act of July 20 31, 1968 (P.L.769, No.240), referred to as the Commonwealth 21 Documents Law, or a regulation which submitted to the Attorney 22 General for review prior to publication may be contrary to the 23 public interest under the criteria set forth in section 5, the 24 commission shall notify the agency promulgating such regulation 25 of its finding. Such notification shall set forth the 26 commission's objections in reasonable detail. The agency shall 27 review the commission's finding and not later than two weeks 28 following the notification unless the commission grants extended 29 time to comment shall respond to the commission as to whether or 30 not the proposed regulation will be withdrawn, revised or 19890S0156B0156 - 3 -
1 returned in its original form with added justification or 2 documentation by the agency. If the commission does not notify 3 the agency of any objection within [30] 40 days of publication, 4 in the case of proposed rulemaking, or within [30] 40 days of 5 receipt, in the case of omission of proposed rulemaking, the 6 agency may proceed to promulgate the regulation as provided in 7 the Commonwealth Documents Law. 8 * * * 9 Section 2. This act shall take effect in 60 days. L15L02JAM/19890S0156B0156 - 4 -