Bill Text: PA HB1656 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for administration.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-07-02 - Re-committed to APPROPRIATIONS [HB1656 Detail]

Download: Pennsylvania-2009-HB1656-Amended.html

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PRIOR PRINTER'S NO. 2086 PRINTER'S NO. 2184
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1656 Session of2009
INTRODUCED BY DALEY AND ROSS, JUNE 10, 2009
AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 16, 2009
AN ACT
Amending the act of May 15, 1933 (P.L.565, No.111), entitled "An
act relating to the powers and duties of the Department of
Banking and the Secretary of Banking in exercising
supervision over, and taking possession of and conducting or
liquidating the business and property of, corporations,
associations, and persons receiving deposits or otherwise
transacting a banking business, corporations acting as
fiduciaries, and building and loan associations; providing
for the payment of the expenses of the Department of Banking
by supervised corporations, associations, or persons, and
appropriating the Banking Department Fund; authorizing the
Department of Banking, under certain circumstances, to
examine corporations, associations, or persons affiliated, or
having business transactions with supervised corporations,
associations or persons; authorizing appeals to the Supreme
Court, and prescribing and limiting the powers and duties of
certain other courts and their prothonotaries, registers of
wills, recorders of deeds, and certain State departments,
commissions, and officers; authorizing certain local public
officers and State departments to collect fees for services
rendered under this act; providing penalties; and repealing
certain acts and parts of acts," further providing for
administration and for employee protection. <--
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 202 of the act of May 15, 1933 (P.L.565,
No.111), known as the Department of Banking Code, amended
December 9, 2002 (P.L.1604, No.209) and July 8, 2008 (P.L.827,
No.58), is amended to read:
Section 202. General Scope of Supervision; Exercise of
Discretion.--A. In addition to the powers and duties provided
for in this act, the department shall exercise any power and
fulfill any duty imposed upon it by any other law of this
Commonwealth. Except where otherwise specifically provided, the
department shall enforce and administer all laws of this
Commonwealth which relate to any institution, and shall exercise
such general supervision over institutions as will afford the
greatest possible safety to depositors, other creditors, and
shareholders thereof, ensure the safe and sound conduct of the
business of such institutions, conserve their assets, maintain
the public confidence in such institutions and protect the
public interest.
B. Whenever under this act, discretion is vested in the
department or any board thereof as to whether, or the manner in
which, to exercise a power or fulfill a duty, the department
shall, after such examination or investigation as it shall deem
appropriate under the circumstances, exercise such discretion in
such a manner as it shall deem necessary to ensure the safe and
sound conduct of the business of any institution subject to its
supervision, conserve its assets, maintain public confidence in
the business of such institutions and protect the public
interest and the interest of depositors, other creditors and
shareholders thereof.
C. The department may promulgate such rules and regulations
necessary and appropriate to administer this act. In those
instances in which the department is granted the power to
regulate a matter under this or any other act and that grant of
power requires the department to further define its duties under
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that act, the department shall do so expeditiously and with
concern for both the regulated entities and the consumers that
the act intends to protect.
D. The department may issue statements of policy and
interpretive letters necessary and appropriate to administer
this act or any other statute within the department's
jurisdiction to administer or enforce.
E. Notwithstanding any other law or provision of this act,
the department may require licensees to use and to pay
processing fees for using a national electronic licensing system
in order to apply for or renew licenses issued pursuant to any
statute within the jurisdiction of the department to enforce.
Notwithstanding any other law, the department may modify, by
publication of a notice in the Pennsylvania Bulletin, license
renewal and reporting dates for any licensees subject to this
subsection that are inconsistent with the use of a national
electronic licensing system. The department is not authorized to
require a person or corporation which would otherwise be totally
exempt from licensure pursuant to any statute under the
department's jurisdiction to submit information to or
participate in any national electronic licensing system.
Section 2. Section 1104 of the act, added December 9, 2002 <--
(P.L.1604, No.209), is amended to read:
Section 1104. Protection of Employes.--A. No licensee may
discharge, threaten or otherwise discriminate or retaliate
against an employe regarding the employe's compensation, terms,
conditions, location or privileges of employment because the
employe or a person acting on behalf of the employe makes a good
faith report or is about to report, verbally or in writing, to
the employer or appropriate authority a violation of [this act]
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law.
B. No licensee may discharge, threaten or otherwise
discriminate or retaliate against an employe regarding the
employe's compensation, terms, conditions, location or
privileges of employment because the employe is requested by an
appropriate authority to participate in an investigation,
hearing or inquiry held by an appropriate authority or in a
court action relating to a violation of [this act] law.
C. A licensee may not bring a cause of action against an
employe for damages arising out of:
(1) a report under subsection A; or
(2) participation under subsection B.
Section 3 2. This act shall take effect in 60 days. <--
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