Bill Text: PA SB689 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for Small Business Council and for regulatory review.

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Introduced - Dead) 2011-04-08 - Referred to COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT [SB689 Detail]

Download: Pennsylvania-2011-SB689-Introduced.html

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PRINTER'S NO. 1010
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 689 Session of2011
INTRODUCED BY BOSCOLA, COSTA, HUGHES, KASUNIC, TARTAGLIONE, FONTANA, BREWSTER, FARNESE, FERLO, KITCHEN, SOLOBAY, STACK, WOZNIAK AND YUDICHAK, APRIL 8, 2011
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, APRIL 8, 2011
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, further providing for Small Business
Council and for regulatory review.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 503(a), (f), (i) and (j) and 504 of
Title 12 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 503. Small Business Council.
(a) Establishment.--There is established within the
department an agency to be known as the Small Business Council.
The council shall do all of the following:
(1) Assist with the development of policies and
regulations which affect small businesses within this
Commonwealth.
(2) Provide advice relating to the nature of small
business practices and problems in this Commonwealth by
submitting a biennial report to the Governor, the General
Assembly and each referenced executive agency.
(3) [Provide a review of existing and proposed] Review
existing executive agency policies and regulations which are
relevant to small business and provide recommendations to the
executive agency regarding addition, deletion or amendment of
such policies and regulations.
(4) Review proposed regulations and other information
submitted to the council by an executive agency under section
504 (relating to regulatory review) and, as applicable,
submit comments, recommendations or objections relating to
the regulation to the executive agency.
* * *
(f) Meetings.--The council shall meet no less than quarterly
at the call of the chairperson.
* * *
(i) Administrative assistance.--The department shall do all
of the following:
(1) Provide staff, administrative services and technical
support [to the council] as necessary for the council to
carry out its duties under this chapter.
(2) Publish notice of council meetings in accordance
with 65 Pa.C.S. Ch. 7 (relating to open meetings).
(3) Maintain a mailing list of persons who have
requested specific notification of meetings and activities of
the council.
(4) Designate a deputy secretary to attend council
meetings and to serve as the public's liaison of the council.
(j) Cooperation.--[Upon] In addition to the requirements
under section 504 and upon the council's request, an executive
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agency shall provide the council with officially promulgated
regulatory and nonregulatory documents which regulate or would
regulate small businesses.
§ 504. Regulatory review.
(a) Notification.--[To the extent known to the secretary,
the department shall, on a semiannual basis, provide the council
with a list of regulations being proposed by all executive
agencies which may affect small businesses in this Commonwealth]
Each executive agency shall submit to the council a copy of any
proposed regulation and regulatory analysis form submitted to
the Independent Regulatory Review Commission under section 5(a)
of the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act. The executive agency shall also submit to
the council all comments relating to the proposed regulation
received by the agency under section 5(c) of the Regulatory
Review Act.
(b) Conference.--[The department shall, upon request of the
council, arrange a meeting between the council and
representatives of an executive agency] Upon request of the
council, representatives of an executive agency shall meet with
the council to discuss regulatory proposals and policy
initiatives of the executive agency which might affect small
businesses in this Commonwealth. The council shall meet with
each executive agency at least once every four years.
(c) Written comments.--The council [shall provide the
department with] may convey to the executive agency written
comments regarding the council's position on the proposed
regulations, including any recommendations regarding or
objecting to the regulation. The [department] council shall
transmit the comments to the appropriate executive [agencies]
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agency within the time period set forth under section 5(g) of
the Regulatory Review Act. The written comments shall include an
impact statement and any other information which the council
deems necessary for the public to make an informed opinion on
the proposals.
(d) Exceptions.--The requirements under subsections (a) and
(b) shall not apply to the promulgation of the following
regulations relating to small businesses:
(1) Regulations required by court order.
(2) Regulations necessitated by a Federal or State
declaration of emergency.
(3) Interim regulations which are authorized by statute.
Section 2. This act shall take effect in 60 days.
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