2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 14 - ADMINISTRATIVE CODE OF 1929 - COVID-19 REGULATORY FLEXIBILITY AUTHORITY

Session of 2022

No. 2022-14

 

SB 1019

 

AN ACT

 

Amending the act of April 9, 1929 (P.L.177, No.175), entitled "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 judicial administration; 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," in temporary regulatory flexibility authority, further providing for definitions and for COVID-19 regulatory flexibility authority; and making an editorial change.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

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, 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 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.

(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.

 

APPROVED--The 30th day of March, A.D. 2022.

 

TOM WOLF