PRINTER'S NO. 1746
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1147
Session of
2020
INTRODUCED BY YAW, PITTMAN, MENSCH, LANGERHOLC AND STEFANO,
JUNE 5, 2020
REFERRED TO INTERGOVERNMENTAL OPERATIONS, JUNE 5, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for employee classification and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7309. Employee classification and regulations.
(a) Applicability.--This section shall apply during the
period of a declaration by the Governor of a disaster emergency
under section 7301(c) (relating to general authority of
Governor) and notwithstanding any other provision of law.
(b) Employee classification.--
(1) The Governor shall classify which employees under
the Governor's jurisdiction are engaged in life-sustaining
work.
(2) The head of each State agency not under the
Governor's direct jurisdiction shall classify which employees
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are engaged in life-sustaining work.
(c) Regulations.--The following are prohibited, unless the
action is directly related to responding to the disaster
emergency or adhering to a Federal or State statutory timeline
or court order:
(1) Consideration, adoption or publication within the
Pennsylvania Bulletin of a proposed regulation, a final-form
regulation or a final-omitted regulation subject to the act
of June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act.
(2) Conducting a department or agency advisory committee
meeting.
(d) Waiver.--
(1) A Commonwealth agency may petition to the
appropriate standing committees of the Senate and House of
Representatives under section 7(d) of the Regulatory Review
Act for a waiver of the prohibition under subsection (c). The
petition must:
(i) be in writing;
(ii) be signed by the head of the Commonwealth
agency or its governing body;
(iii) state the compelling reason why a waiver
should be granted; and
(iv) be submitted to the chair of each standing
committee for distribution to the respective members of
the committee.
(2) A waiver under paragraph (1) shall be granted upon a
majority vote of each standing committee.
Section 2. This act shall take effect immediately.
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