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