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added = the amendment's new text.
PRIORH0995B1202A04900 PRINTER'SAJB:EJH 04/01/20 #90 A04900 AMENDMENTS TO HOUSE BILL NO.
1202995 PRINTER'SSponsor: NO.
3533REPRESENTATIVE THELEWIS GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
9951202 2019Amend INTRODUCEDBill, BYpage LEWIS,3, KENYATTA,lines GROVE,1 ROTHMAN,through RYAN,3, STRUZZI,by BERNSTINE,striking OTTEN,out McNEILL,"The KEEFER,term McCLINTON,shall HILL-EVANS,also NEILSON,include HERSHEY,actions FITZGERALD,of CEPHAS,the MULLINS,Pennsylvania" O'MARA,in MERSKI,line HOHENSTEIN,1 BURGOS,and ECKER,all TOBASH, ULLMAN, WHEELAND, GABLER AND ROWE, APRIL 5, 2019 AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 6, 2020 AN ACT Amending Title 71 (State Government) of thelines Pennsylvania2 forand regulatory3 reduction2020/90AJB/HB0995A04900 pilot- program;1 -
and making anw and editorial change.
This act shall be referred to as the Fighting Chance Act.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.
The heading of Part V of Title 71 of the Pennsylvania Consolidated Statutes is amended to read:
PART V BOARDS, COMMISSIONS AND OFFICES Section 2.
Title 71 is amended by adding chapters to read:
CHAPTER 42 PRELIMINARY PROVISIONS (Reserved) CHAPTER 44 REGULATORY REVIEW Sec.
4401.
Legislative intent.
4402.
Definitions.
4403.
Establishment.
4404.
Reporting by pilot agencies.
4405.
Reporting.
4406.
Report required.
4407.
Regulatory catalogs of executive agencies.
4408.
Agency tracking of regulations.
§ 4401.
Legislative intent.
It is the intent of the General Assembly through this legislation to reduce barriers for small business owners, workers and returning residents of this Commonwealth who want to enter the workforce in an occupation requiring a license.
§ 4402.
Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Office." The Governor's Office of the Budget.
"Pilot agencies." The following entities:
(1) The Bureau of Professional and Occupational Affairs in the Department of State of the Commonwealth.
(2) The Pennsylvania Board of Probation and Parole.
"Program." The regulatory reduction pilot program under section 4403 (relating to establishment).
"Regulation." Any rule or regulation, or order in the nature of a rule or regulation, promulgated by an agency under statutory authority in the administration of any statute administered by or relating to the agency or amending, revising or otherwise altering the terms and provisions of an existing 20190HB0995PN3533 - 2 - regulation, or prescribing the practice or procedure before the agency.
The term shall also include actions of the Pennsylvania <-- Liquor Control Board that have an effect on the discount rate for retail licensees.
"Regulatory requirement." An action required to be taken or information required to be provided in accordance with a statute or regulation in order to access government services or operate and conduct business by a regulated entity.
"Secretary." The Secretary of the Budget.
§ 4403.
Establishment.
(a) Direction and duration of program.--The office shall be under the direction of the secretary, who shall administer a three-year regulatory reduction pilot program beginning July 1, 2020, and ending July 1, 2023, for pilot agencies.
(b) Program focus and reduction goal.--The program shall <-- focus on regulations promulgated and administered by pilot agencies.
The stated goal of the program shall be to reduce UNNECESSARY regulatory requirements, compliance costs and <-- regulatory burden across pilot agencies by 25% by July 1, 2023.
<-- (c) Baseline regulatory catalog.--The secretary shall ensure pilot agencies develop a baseline regulatory catalog by October 1, 2020, that identifies:
(1) The total number and type of regulations and regulatory requirements currently promulgated or administered by the pilot agencies.
(2) Any specific Federal or State mandates or statutory authority that requires the regulations and associated requirements.
(d) Catalog data report to office.--The catalog data shall be reported to the office in a manner specified by the office 20190HB0995PN3533 - 3 - and transferred to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(e) Reduction goal.--The 25% A reduction goal under <-- subsection (b) shall be based on the total number of regulations and regulatory requirements as provided by the baseline regulatory catalog.
Progress towards the stated goal A REDUCTION <-- UNDER SUBSECTION (B) shall be measured by the number of regulations and regulatory requirements that are either eliminated or streamlined through regulatory or other action.
§ 4404.
Reporting by pilot agencies.
(a) Initial report.--The pilot agencies shall report all regulations and regulatory requirements initially identified for elimination, amendment or streamlining to the office, the Governor and the General Assembly by July 1, 2021, including:
(1) Any regulation proposed for elimination or modification that requires a change in State law.
(2) Initiation of any reforms, through a rulemaking or nonregulatory action, that produce a reduction of the <-- equivalent of 7.5% of the regulations and regulatory requirements contained in the pilot agencies baseline regulatory catalog.
(b) Follow-up report.--The pilot agencies shall report all regulations and regulatory requirements initially identified for elimination, amendment or streamlining to the office by July 1, 2022, including:
(1) Any regulation proposed for elimination or modification that requires a change in State law.
(2) Initiation of any reforms, through a rulemaking or nonregulatory action, that produce a reduction of the equivalent of 15% of the regulations and regulatory <-- 20190HB0995PN3533 - 4 - requirements contained in the pilot agencies baseline regulatory catalog.
(c) Final report.--The pilot agencies shall report all regulations and regulatory requirements initially identified for elimination, amendment or streamlining to the office by July 1, 2023, including:
(1) Any regulation proposed for elimination or modification that requires a change in State law.
(2) Initiation of any reforms, through a rulemaking or nonregulatory action, that produce a reduction of the <-- equivalent of 25% of the regulations and regulatory requirements contained in the pilot agencies baseline regulatory catalog.
(d) Failure to meet reduction goal.--If a pilot agency is <-- unable to reach any of the reduction goals PRODUCE A REDUCTION <-- OF THE REGULATIONS AND REGULATORY REQUIREMENTS under subsection (a), (b) or (c), the pilot agency shall provide a separate report to the Governor, the General Assembly and the secretary stating the reasons for not meeting the goal PRODUCING A <-- REDUCTION.
§ 4405.
Reporting.
(a) Annual report.--The secretary shall SUBMIT A report <-- annually to the President pro tempore of the Senate and the Speaker of the House of Representatives no later than October 1, 2021, and October 1, 2022, on the progress of the regulatory reduction pilot program established under this section.
THE <-- REPORT SHALL INCLUDE RECOMMENDATIONS ON THE ELIMINATION OR MODIFICATION OF REGULATIONS.
(b) Failure to meet reduction percentage.--If, by July 1, <-- 2022, the regulatory reduction pilot program has NOT achieved <-- 20190HB0995PN3533 - 5 - less than a 15% total A reduction in regulatory requirements <-- across both pilot agencies, either by initiating rulemaking actions or other streamlining actions, the secretary shall include the reasons for not meeting the target ACHIEVING A <-- reduction in the next available annual report to the President pro tempore of the Senate and the Speaker of the House of Representatives.
(c) Secretary report.--The secretary shall report by August 15, 2023, to the President pro tempore of the Senate and the Speaker of the House of Representatives the following information:
(1) The progress towards identifying the 25% ACHIEVING A <-- reduction goal IN REGULATIONS AND REGULATORY REQUIREMENTS.
<-- (2) Recommendations for expanding the program to other agencies.
(3) Any additional information the secretary determines may be helpful to support the General Assembly's regulatory reduction and reform efforts.
§ 4406.
Report required.
(a) Report on failure to achieve program goal REDUCTION.-- <-- If, by October 1, 2023, the program has NOT achieved less than <-- the 25% total A reduction in regulations and regulatory <-- requirements across the pilot agencies under section 4403(b) (relating to establishment), either by initiating rulemaking actions or other streamlining actions, the secretary shall direct pilot agencies to report on the factors leading to why the pilot agency could not meet the 25% ACHIEVE A reduction goal <-- in regulations and regulatory requirements across the pilot agencies under section 4403(b) and provide recommendations for policy and legislative changes required in order for the pilot 20190HB0995PN3533 - 6 - agency to achieve the intent of section 4401 (relating to legislative intent) and goal under section 4403(b).
No report <-- shall be required under this subsection if the program has achieved a 25% or greater reduction in regulations or regulatory requirements across the pilot agencies.
(b) Permitted budgetary review of pilot agencies.--The President pro tempore of the Senate and the Speaker of the House of Representatives may also direct the Legislative Budget and Finance Committee to initiate a budgetary review of pilot agencies.
The review shall assess what obstacles exist to meeting the 25% ACHIEVING A reduction goal under section <-- 4403(b).
(c) Legislative Budget and Finance Committee review.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall direct the Legislative Budget and Finance Committee to review the regulatory reduction efforts of pilot agencies as part of the pilot program and report to the General Assembly any findings and recommendations regarding:
(1) Whether the A reduction goals IN REGULATIONS AND <-- REGULATORY REQUIREMENTS are reasonable and achievable.
(2) Policies, practices and methods that may be adopted by agencies to successfully achieve the A reduction goals IN <-- REGULATIONS AND REGULATORY REQUIREMENTS.
§ 4407.
Regulatory catalogs of executive agencies.
By July 1, 2022, all executive branch agencies, boards and commissions under the policy jurisdiction of the Governor shall develop a baseline regulatory catalog and report their catalog data to the office, including:
(1) Any specific Federal or State mandates.
(2) The statutory authority that requires the 20190HB0995PN3533 - 7 - regulations and associated regulatory requirements.
§ 4408.
Agency tracking of regulations.
(a) Tracking and reporting agency compliance.--The office shall track and report on the extent to which agencies comply with existing requirements to periodically review all regulations every four years and report the office's findings to the Governor, the General Assembly and the Independent Fiscal Office.
(b) Agency schedule of review.--Agencies shall provide to the office a schedule listing each regulation that shall be reviewed in each of the four years, to be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
Section 3.
This act shall take effect in 60 days.
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