HB 209 — An Act amending the act of June 25, 1982 (P.L.633, No.181), entitled "An act providing for independent oversight and review of regulations, creating an Independent Regulatory Review Commission, providing for its powers and duties and making repeals," further providing for definitions and for existing regulations; and establishing the Independent Office of the Repealer and providing for its power and duties.

PRIOR PRINTER'S NO.

176 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

3162209 THE2017 GENERALINTRODUCED ASSEMBLYBY OFPHILLIPS-HILL, PENNSYLVANIABARRAR, HOUSEBLOOM, BILLBOBACK, SessionGABLER, ofGILLEN, No.GROVE, IRVIN, KAUFFMAN, MACKENZIE, MENTZER, ROTHMAN, RYAN, SACCONE, SOLOMON, WARD AND ZIMMERMAN, JANUARY 25, 2017 REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 25, 2017 AN ACT Estproviding for its power and duties.

209 2017 INTRODUCED BY PHILLIPS-HILL, BARRAR, BLOOM, BOBACK, GABLER, GILLEN, GROVE, IRVIN, KAUFFMAN, MACKENZIE, MENTZER, ROTHMAN, RYAN, SACCONE, WARD, ZIMMERMAN, DUSH, METCALFE, ROAE, NELSON, SCHEMEL, CUTLER, GREINER AND KLUNK, JANUARY 25, 2017 AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 13, 2018 AN ACT Establishing the Independent Office of the Repealer and <--The AMENDINGGeneral THEAssembly ACTof OFthe JUNECommonwealth 25,of 1982Pennsylvania (P.L.633,hereby NO.181),enacts ENTITLEDas "ANfollows: ACT PROVIDING FOR INDEPENDENT OVERSIGHT AND REVIEW OF <-- REGULATIONS, CREATING AN INDEPENDENT REGULATORY REVIEW COMMISSION, PROVIDING FOR ITS POWERS AND DUTIES AND MAKING REPEALS," FURTHER PROVIDING FOR DEFINITIONS AND FOR EXISTING REGULATIONS;

AND ESTABLISHING THE INDEPENDENT OFFICE OF THE REPEALER AND PROVIDING FOR ITS POWER AND DUTIES.

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

<-- This act shall be known and may be cited as the Independent Office of the Repealer Act.

(5) Determine and implement internal policies, standards and procedures as may be necessary for the orderly and 20170HB0209PN3162 - 2 - efficient execution of the mission of the office.

(6) Implement a tracking system to follow all submissions and actions taken on a recommendation made by the director which includes progress of modification, revision or 20170HB0209PN0176 - 2 - repeal.

(ii) The appointment may not be made on the basis of 20170HB0209PN3162 - 3 - political affiliation.

20170HB0209PN0176 - 3 - (b) Director.--The director shall serve in accordance with the following:

(ii) Procure the temporary or intermittent service 20170HB0209PN3162 - 4 - of attorneys, experts, consultants or organizations by contract.

20170HB0209PN0176 - 4 - (i) The hiring and appointments shall be made on the basis of the duties of the office and the performance of the functions of the office.

20170HB0209PN3162 - 5 - This act shall take effect immediately.

SECTION20170HB0209PN0176 1.- 5 -

SECTION 3 OF THE ACT OF JUNE 25, 1982 (P.L.633, <-- NO.181), KNOWN AS THE REGULATORY REVIEW ACT, IS AMENDED BY ADDING DEFINITIONS TO READ:

SECTION 3.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:

* * * "DIRECTOR." THE DIRECTOR OF THE OFFICE.

* * * "OFFICE." THE INDEPENDENT OFFICE OF THE REPEALER.

* * * "SELECTION COMMITTEE." THE SELECTION AND ORGANIZATION COMMITTEE IN THE OFFICE.

* * * SECTION 2.

SECTION 8.1 OF THE ACT IS AMENDED TO READ:

SECTION 8.1.

EXISTING REGULATIONS.

THE COMMISSION, ON ITS MOTION OR AT THE REQUEST OF ANY PERSON OR MEMBER OF THE GENERAL ASSEMBLY, MAY REVIEW ANY EXISTING REGULATION WHICH HAS BEEN IN EFFECT FOR AT LEAST THREE YEARS.

IF A COMMITTEE OF THE SENATE OR THE HOUSE OF REPRESENTATIVES REQUESTS A REVIEW OF AN EXISTING REGULATION, THE COMMISSION SHALL PERFORM THE REVIEW AND SHALL ASSIGN IT HIGH PRIORITY.

THE COMMISSION MAY SUBMIT RECOMMENDATIONS TO AN AGENCY RECOMMENDING CHANGES IN EXISTING REGULATIONS IF IT FINDS THE EXISTING REGULATIONS TO BE CONTRARY TO THE PUBLIC INTEREST UNDER THE CRITERIA ESTABLISHED IN SECTION 5.2.

THE COMMISSION MAY ALSO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR FOR STATUTORY CHANGES IF THE COMMISSION FINDS THAT ANY EXISTING 20170HB0209PN3162 - 6 - REGULATION MAY BE CONTRARY TO THE PUBLIC INTEREST.

UNLESS PROHIBITED BY THE LAWS OF THIS COMMONWEALTH, AT THE TIME AN AGENCY PROMULGATES A NEW REGULATION, THE AGENCY SHALL IDENTIFY AT LEAST TWO EXISTING REGULATIONS FOR REPEAL.

SECTION 3.

THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 12.2.

INDEPENDENT OFFICE OF THE REPEALER.

(A) THERE IS ESTABLISHED A NONPARTISAN INDEPENDENT OFFICE OF THE REPEALER WITHIN THE INDEPENDENT REGULATORY REVIEW COMMISSION.

(B) THE OFFICE SHALL HAVE THE FOLLOWING POWERS AND DUTY TO:

(1) ADOPT LOGICAL, QUANTITATIVE AND QUALITATIVE RULES TO DETERMINE WHETHER AN EXISTING STATUTE OR REGULATION OF THE COMMONWEALTH IS:

(I) UNREASONABLE, UNDULY BURDENSOME, DETRIMENTAL TO ECONOMIC WELL-BEING, DUPLICATIVE, ONEROUS, DEFECTIVE OR IN CONFLICT WITH ANOTHER STATUTE OR REGULATION.

(II) DEFYING A COMMON SENSE APPROACH TO GOVERNMENT.