Budget Hearings Highlight Governor’s Proposed FY20/21 Budget and Legislative Priorities Governor Tom Wolf’s proposed budget was discussed during several weeks of hearings within the State Legislature in February and March. These hearings give legislators the opportunity to ask questions regarding matters they feel are of concern. Indeed, several legislators expressed concerns regarding the Governor’s proposal for Combined Reporting on businesses as part of his proposed FY20/21 budget, which will limit Pennsylvania companies to shift profits to other lower tax states, where the business may have holdings. The Administration estimates the Commonwealth changing this practice could generate that $240 mil. However, the $240million estimate is considered by some in the Legislature would only apply to the next fiscal year and will leave the Governor’s proposed budget out of balance by $240 million. The economy, chances of a recession and how it affects state revenues were also discussed during the budget hearings. The Independent Fiscal Office indicated that the State economy seems strong for another year, but cautioned that the odds of a recession are set to rise from 11 percent to 35 percent next year. In addition to concerns of a recession, many legislators expressed concerns that revenues may dip as the workforce ages and retires. This also means long-term care and health care cost will rise. Funding for the Pennsylvania State Police was also reviewed during the budget hearings. While lawmakers seeming agree they would prefer that the State Police not receive funding from the Motor Licenses Fund, they did not come to agreement on the plan within the Governor’s budget for a per-person fee to fund the State Police. The Governor’s formula for the fee takes into account family income, amount of municipal departments and also would be calculated by dividing a barracks annual cost by the population within its respective service area. Energize PA On Hold An alternative to the Governor’s Restore PA plan has advanced through the Legislature but has now seemingly stalled. Energize PA (HB 1100) is designed to help grow the natural gas industry for use in manufacturing petroleum products with tax credits for new construction of facilities that use natural gas extracted in the state to produce fertilizer and other chemicals. Eligible projects require at least $450 million in construction and start-up costs, and must create at least 800 jobs at prevailing wage. However, Governor Tom Wolf’s office has said he will veto the legislation. Specific details on the Governor’s concerns have yet to be released but his office did state that, “projects should be evaluated on a specific case-by-case basis.” In addition, the bill was highlighted during the annual House and Senate Appropriation Budget Hearings where it seems the Administration would like to work on “some tweaks” to broaden the credit to encompass a number of different areas and potentially cap the credit to lessen any fiscal impact. There is speculation that this ongoing discussion around the Governor’s threatened veto has caused the Senate President Pro Tempore to hold the bill until the Senate returns in March. Dates of Interest 2020 Spring Session Schedule SENATE January 7, 27, 28, 29 February 3, 4, 5 March 16, 17, 18, 23, 24, 25 April 6, 7, 8 May 4, 5, 6, 18, 19, 20 June 1, 2, 3, 8, 9, 10, 15, 16, 17, 22, 23, 24, 25, 26, 29, 30 HOUSE January 7 (non-voting), 13, 14, 15, 21, 22 February 3, 4, 5 March 16, 17, 18, 23, 24, 25 April 6, 7, 8, 14, 15, 16 May 4, 5, 6, 11, 12, 13, 18, 19, 20 June 1, 2, 3, 8, 9, 10, 15, 16, 17, 22, 23, 24, 25, 26, 29, 30 House Tourism and Recreational Development Informational meeting on Commonwealth Monument Project WEDNESDAY - 3/18/20 9:00 a.m., Room 140, Main Capitol House Labor and Industry Recovery to Work Pilot Program SB 118 MONDAY - 3/16/20 11:30 a.m., Room 205, Ryan Office Building Agency Announcements DCED: AVAILABILITY OF APPLICATIONS FOR THE EMERGENCY SOLUTIONS GRANT PROGRAM - The Department of Community and Economic Development’s Center for Community and Housing Development is anticipating receiving funding through the United States Department of Housing and Urban Development for the Emergency Solutions Grant. The guidelines and period of application are open from February 18, 2020, through March 27, 2020. The application is located on the department's website. CFA Announces RFP for Auditing Services from contractors to conduct an independent audit of the Authority's financial records in order to discharge the Authority's fiduciary responsibilities to the public thereby assuring that the financial accounts are properly administered and that the system of internal control is adequate to safeguard the assets of the Authority. Questions regarding the RFP and requests for copies of the RFP should be directed to Crista Staley, Department of Community and Economic Development, Commonwealth Keystone Building, 400 North Street, Fourth Floor, Harrisburg, PA 17120-0225, (717) 720-1318, [email protected]. http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol49/49-49/1811.html Tracked Legislation - https://www.legis.state.pa.us/ Banks/Securities/Loans HB 320 Ryan, Frank Amends Title 53 re swaps & derivatives Amends Title 53 (Municipalities Generally), in general provisions, further providing for definitions; in miscellaneous provisions, repealing provisions relating to qualified interest rate management agreements, further providing for financial reporting, providing for application of subchapter, for definitions, for qualified interest rate management agreements and for interest rate risk and interest cost management in first class cities and counties, a political subdivision or home rule municipality or optional plan municipality counties; and making editorial changes. Effective in 60 days. (Prior Printer Number: 299) Bill History: 06-10-19 H Removed from the table 06-10-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 719 Shusterman, Mel Amends Title 64 re Second Stage Loan Program Amends Title 64 (Public Authorities and Quasi-Public Corporations), in Commonwealth Financing Authority, further providing for Second Stage Loan Program. The program shall be for businesses located within the commonwealth and an application for a loan shall demonstrate that the use of the loan proceeds will result in jobs being created or retained, including job projections. The maximum guarantee amount and percentage shall be determined by the authority and shall terminate at the end of seven years. Effective in 60 days. Companions: HCO1314 (Co-sponsor Memo) Bill History: 06-26-19 H Removed from the table 06-26-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 1822 Keller, Mark Amends Fiscal Code re LGCPLP Amends the Fiscal Code, in Local Government Capital Project Loan Fund, establishing that the definition of municipality excludes towns with a population with an excess of 15,000 residents, increasing the limitation on the amount of a loan for purchasing equipment to $150,000, and increasing the amount of a loan for purchasing constructing or rehabilitating facilities to $250,000; providing that the interest rate of loans is set at the 10-year United States Treasury rate rounded to the nearest quarter point and that money lent cannot be in excess of 15 years. Effective in 60 days. Companions: HCO2284 (Co-sponsor Memo) Bill History: 12-16-19 H Removed from the table 12-16-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar SB 309 Mensch, Bob Act re est. first time home buyer account The Pennsylvania First-Time Home Buyer Savings Account Act provides for the establishment of first-time home buyer savings accounts for first-time home buyers in this Commonwealth. Effective in 60 days. Companions: HB 128 (Related) SCO 18 (Co-sponsor Memo) SCO1363 (Co-sponsor Memo) Bill History: 02-05-20 Third consideration 12:52pm 02-05-20 S Final Passage (Vote: Y: 48/N: 0) 02-18-20 H Received in the House and referred to House Urban Affairs n/a HB 896 Caltagirone, Th Amends Tax Reform Code re neighborhood assist. Amends the Tax Reform Code, in neighborhood assistance tax credit, further providing for definitions, for public policy and for tax credit. The bill establishes that any business firm which engages or contributes to a neighborhood organization which engages in the activities in a case involving homeless housing assistance which are located in a land bank jurisdiction shall receive a tax credit if the secretary annually approves the proposal of such business firm or private company. The department shall revise guidelines to include homeless housing assistance programs or projects among the eligible activities and uses of contributions under the program. Effective in 60 days. (Prior Printer Number: 997) Companions: HCO1081 (Co-sponsor Memo) Bill History: 11-21-19 H Removed from the table 11-21-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 897 Caltagirone, Th Amends Title 68 re land banks Amends Title 68 (Real & Personal Property), in land banks, further providing for legislative findings and purpose, for powers and for disposition of property and providing for exemption from realty transfer tax. The bill establishes that a transfer of real property to or from a land bank shall be exempt from both the State and local realty transfer tax under the Tax Reform Code of 1971 and the Local Tax Enabling Act. Effective in 60 days. Companions: HB 1076 (Refiled from 17R Session) HCO1081 (Co-sponsor Memo) Bill History: 11-21-19 H Removed from the table 11-21-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 1208 Carroll, Mike Amends Tax Reform Code re airport development Amends the Tax Reform Code adding a new article establishing the airport land development zone program to encourage and promote the creation of new jobs on land and buildings owned by airports in the commonwealth. Provides for an airport land development zone tax credit in the amount an airport land development zone employer may earn in any tax year equal to $2,100 for each full-time equivalent employee in excess of the number of full-time equivalent employees employed by the employer prior to January 1, 2020. Further provides for definitions, and application and plan. Effective in 60 days. Companions: HCO1244 (Co-sponsor Memo) SB 628 (Related) Bill History: 11-21-19 H Removed from the table 11-21-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 1737 Davis, Austin Amends an Act re land bank env. liability Amends the Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act establishing environmental liability exemption for land banks. Effective in 60 days. Companions: HCO2461 (Co-sponsor Memo) Bill History: 01-21-20 Third consideration 3:00pm 01-21-20 H Final Passage (Vote: Y:192/N: 0) 02-19-20 S Received in the Senate and referred to Senate Environmental Resources and Energy HB 1995 Ryan, Frank Act re Keystone Solvency Operating Study Cmsn. The Keystone Solvency Operating Study Commission Act establishes the Keystone Solvency Operating Study Commission as a legislative commission for analyzing the economic conditions of the commonwealth, specifically unfunded obligations of school districts, municipalities and public pension plans. The commission shall consider unfunded postemployment benefits of the commonwealth to determine the impact on operations of other financial commitments during periods of economic recession. The legislation provides for the commission members and duties, and provides for a report to the chairs of the House and Senate Appropriations Committees and the House and Senate State Government Committees on the commission's findings. Effective in 30 days. (Prior Printer Number: 2798) Companions: HCO2647 (Co-sponsor Memo) Bill History: 02-03-20 H First consideration 02-03-20 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 2050 Wheatley, Jake Amends Medical Marijuana Act re cannabis Amends the Medical Marijuana Act to be known as the Cannabis Act. The bill defines adult-use cannabis as cannabis ingested for a reason other than medical purposes. The bill establishes the Commonwealth Reinvestment Fund to fund minority and women grant programs and school and housing programs with taxes generated by the sale of cannabis. The bill further provides for adult-use cannabis and repeals conflicting language. Effective in 60 days. Companions: HCO3196 (Co-sponsor Memo) Bill History: 02-25-20 H Filed 03-04-20 H Introduced and referred to committee on House Health HB 2301 Simmons, Justin Amends Title 14 re community development Repeals the Job Enhancement Act and amends Title 14 (Community Affairs) consolidating provisions relating to the Community Development Bank Grant and Loan Program. Effective in 60 days. Companions: HCO2935 (Co-sponsor Memo) Bill History: 02-11-20 H Filed 02-24-20 H Introduced and referred to committee on House Commerce SB 118 Langerholc, Way Act re Recovery to Work Pilot Program The Recovery-to-work Act establishes Recovery-to-work as a pilot program within the Department of Labor and Industry. Provides for local recovery-to-work pilot programs, for incentives to encourage business participation, and for powers and duties of the Department of Labor and Industry. Effective immediately. (Prior Printer Number: 107, 725) Companions: SCO 135 (Co-sponsor Memo) Bill History: 06-19-19 H Received in the House and referred to House Labor and Industry 02-18-20 H Discussed during budget hearing with Department of Drug &, Senate Appropriations Alcohol Programs -- Senate Appropriations 03-16-20 H Hearing set for 11:30 a.m., Room 205, Ryan Office Building, House Labor and Industry -- House Labor and Industry SB 352 Ward, Judy (F) Act re blighted property tax revitalization The Tax Exemption and Mixed-Use Incentive Program Act authorizes local taxing authorities to provide for tax exemption incentives for certain deteriorated industrial, commercial, business and residential property and for new construction in deteriorated areas of communities; provides for an exemption schedule; and establishes standards and qualifications. Effective in 60 days. (Prior Printer Number: 342, 1021) Companions: SCO 533 (Co-sponsor Memo) Bill History: 02-04-20 H First consideration 02-04-20 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 2059 Rigby, Jim (F) Amends Municipal Code & Ordinance Compliance Amends the Municipal Code and Ordinance Compliance Act establishing that if a municipal inspection reveals at least one substantial violation, the municipality shall note the violation in the inspection report and may withhold a use and occupancy certification until the violation is corrected, or allow the occupants to remain in the property with a temporary use and occupancy permit while the violation is corrected within a specified time period. The bill also provides that whenever a municipality finds a dwelling as unfit for human habitation, the duty of a tenant to pay and the right of the landlord to collect rent shall be suspended without affecting any other condition of the landlord-tenant relationship until the dwelling is fit for human habitation or the tenancy is terminated for a reason other than nonpayment of rent. When the duty to pay rent is suspended and the tenant continues to occupy the dwelling, rent withheld shall be deposited by the tenant in an escrow account in a bank or trust company approved by the municipality and shall be paid to the landlord when the dwelling is certified as fit for human habitation. If the dwelling has not been certified as fit for human habitation, any money deposited in escrow on account of continued occupancy shall be payable to the depositor and no tenant may be evicted for any reason while rent is deposited in escrow. Effective in 60 days. Companions: HCO2768 (Co-sponsor Memo) Bill History: 11-21-19 H First consideration 11-21-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 414 Zimmerman, Davi Act re Erosion & Sediment Control Program The Erosion and Sediment Control Permit Act provides for an erosion and sediment control permit, for compliance, for an annual report and for duties of the Department of Environmental Protection. Allows a municipality to opt out from receiving the notification from the department. Effective in 60 days. (Prior Printer Number: 387) Companions: HB 588 (Refiled from 17R Session) HCO 328 (Co-sponsor Memo) Bill History: 06-10-19 H Removed from the table 06-10-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 1100 Kaufer, Aaron Amends Tax Reform Code re Energize PA Amends the Tax Reform Code establishing an energy and fertilizer manufacturing tax credit in an amount equal to $0.47 per unit of natural gas that is purchased and used in the manufacturing of petrochemicals or fertilizers in Pennsylvania by a qualified taxpayer. Effective in 60 days. (Prior Printer Number: 1593) Companions: HB 1101 (Related) SB 866 (Identical) Bill History: 02-24-20 H Discussed during budget hearing with Dept. of Labor &, Senate Appropriations Industry -- Senate Appropriations 02-26-20 H Discussed during budget hearing with Dept. of Community &, House Appropriations Economic Development -- House Appropriations 02-27-20 H Discussed during budget hearing with Dept. of Community &, Senate Appropriations Economic Development -- Senate Appropriations HB 1103 Fritz, Jonathan Amends Fiscal Code re Pipeline Investment Amends the Fiscal Code, in additional special funds, authorizing the use of grants to obtain access to natural gas by large residential conversation projects and combined heat and power applications. The maximum grant award is increased to $1.5 million and no more than $500,000 may be provided for costs related to the tapping of upstream facilities. The authority shall develop streamlined guidelines for submitting applications for grants issued in the amount of $75,000 or less to expedite the process. Effective in 60 days. Companions: HB 1100 (Related) Bill History: 11-21-19 H Removed from the table 11-21-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 2025 Struzzi, James Act re Carbon Tax The Pennsylvania Carbon Dioxide Cap and Trade Authorization Act authorizes the Pennsylvania Department of Environmental Protection (DEP) to conduct a public comment process on and submit to the General Assembly a measure or action intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee on emissions. This legislation provides for a process of legislative approval before the imposition of a carbon tax on employers engaged in electric generation, manufacturing or other industries operating in the commonwealth, or entering into any multi-state program, such as the Regional Greenhouse Gas Initiative (RGGI), that would impose such a tax. Effective immediately. Companions: HCO2441 (Co-sponsor Memo) Bill History: 11-20-19 H Introduced and referred to committee on House Environmental Resources and Energy 02-03-20 H Discussed during Public Hearing, Joint Legislative Conservation Committee -- Joint Legislative Conservation Committee 02-05-20 H Discussed during public hearing, House Environmental Resources and Energy -- House Environmental Resources and Energy SB 582 Collett, Maria Amends Hazardous Sites Cleanup Act re PFAS Amends the Hazardous Sites Cleanup Act, designating certain per- and polyfluoroalkyl substances (PFAS) a "hazardous substance"; authorizes the governor to declare an emergency in any community whose surface and groundwater resources register PFAS at or above 10 parts per trillion. Also deems certain communities eligible to receive PENNVEST grants. Effective in 60 days. Companions: SCO 353 (Co-sponsor Memo) Bill History: 04-22-19 S Introduced and referred to committee on Senate Environmental Resources and Energy 02-20-20 S Discussed During Budget Hearing with Attorney General, Senate Appropriations -- Senate Appropriations 03-04-20 S Discussed during budget hearing with Dept. of Environmental, Senate Appropriations Protection -- Senate Appropriations SB 790 Scarnati, Josep Act re Conventional Oil and Gas Wells The Conventional Oil and Gas Wells Act provides for separate regulations for family-owned conventional oil and gas operators. The legislation includes general requirements, including well permit, objections, adoption, identification, inactive status, location restrictions, restorations, reporting, safety, and protection requirements; and provisions regarding enforcement and remedy, penalties, civil penalties, third party liability, unlawful conduct, inspection reports and the Relations to the Coal and Gas Resource Collection Act. Effective immediately. (Prior Printer Number: 1051) Companions: SCO 980 (Co-sponsor Memo) Bill History: 01-21-20 H Set on the House Calendar 01-21-20 H Reported as committed from House Appropriations 03-16-20 H Set on the House Calendar SB 1030 Yaw, Gene Amends Sewage Facilities Act re systems Amends the Pennsylvania Sewage Facilities Act providing that when proposing a new land development, the applicant must submit and the department shall accept any conventional sewage system or alternate sewage system that meets site conditions present at the proposed new land development. Repeals provisions regarding review of sewage systems. Effective in 60 days. Companions: SCO1349 (Co-sponsor Memo) Bill History: 02-05-20 S Reported as committed from Senate Environmental Resources and Energy 02-05-20 S First consideration 03-16-20 S Set on the Senate Calendar SB 1040 Bartolotta, Cam Act re Erosion & Sediment Control Permits The Erosion and Sediment Control Act provides for erosion and sediment control requirements. A person seeking to commence a project involving oil and gas activities that will cause five acres or more of earth disturbance at one time shall submit an application and obtain an erosion and sediment control permit from the department or a conservation district before commencing the project. Effective in 30 days. Companions: SB 402 (Refiled from 17R Session) HB 420 (Related) SCO1291 (Co-sponsor Memo) Bill History: 02-19-20 S Filed 02-19-20 S Introduced and referred to committee on Senate Environmental Resources and Energy HB 564 Saylor, Stanley Amends Insurance Company Law re claims Amends the Insurance Company Law, in quality health care accountability and protection, requiring a clean claim to be paid directly to a participating or non-participating healthcare provider by an insurer. Provides that an insurance claim shall be deemed to be paid when a licensed insurer or managed care plan mails a check to the participating health care provider or non participating health care provider; or makes an electronic transfer of funds to the participating health care provider or nonparticipating health care provider. Effective in 60 days. (Prior Printer Number: 579) Companions: HB 823 (Refiled from 17R Session) HCO 941 (Co-sponsor Memo) Bill History: 01-13-20 H Set on the Tabled Calendar 01-13-20 H Removed from the table 03-16-20 H Set on the House Calendar HB 853 Oberlander, Don Amends Unfair Insurance Practices Act Amends the Unfair Insurance Practices Act adding that unfair methods of competition and unfair or deceptive acts or practices includes altering the coverage provided by a health insurance policy, including, but not limited to, raising the premium, copayment, coinsurance or deductible or denying or otherwise failing to provide continued coverage for a health care be432nefit that was included in the insured's health insurance policy and when the insured has already received the health care benefit. Effective in 60 days. Companions: HCO1044 (Co-sponsor Memo) Bill History: 03-18-19 H Introduced and referred to committee on House Consumer Affairs 02-18-20 H Hearing set for 11:00 a.m., Room 205, Ryan Office Building, House Consumer Affairs -- House Consumer Affairs 02-18-20 H Public hearing held in committee House Consumer Affairs HB 1214 Struzzi, James Amends the Health Care Facilities Act Amends the Health Care Facilities Act adding a chapter providing for registration of pain management clinics; providing for duties of the department; and imposing penalties. Each pain management clinic, with the exception of private physician offices, shall register and maintain a valid registration with the department. Among the requirements the bill outlines prescriber and recordkeeping rules for pain management clinics. Effective in 60 days. (Prior Printer Number: 1431) Companions: HCO1554 (Co-sponsor Memo) Bill History: 06-25-19 H Removed from the table 06-25-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar SB 432 Phillips-Hill, Amends ABC-MAP Act re prescription information Amends the Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act granting access to prescription information to medical directors and pharmacy directors of an organization that has an agreement to be paid on a capitated basis to provide services to medical assistance beneficiaries and who are engaged in care management, the development and evaluation of quality improvement strategies, program integrity initiatives, or conducting internal compliance reviews and data reporting for the medical assistance program. Provides that an authorized employee of a county or municipal health department or the Department of Health may have access to data from the system for developing education programs or public health interventions relating to specific prescribing practices, controlled substances and the prevention of fraud and abuse; and provides analyses on prescribing trends in respective jurisdictions. Prohibits political subdivisions from establishing a database requiring the submission and query of prescription data by prescribers and dispensers in addition to the database under section 6 of the act. The prohibition shall take effect immediately and the remainder shall take effect in 60 days. (Prior Printer Number: 401, 1432) Companions: SCO 82 (Co-sponsor Memo) Bill History: 02-06-20 G In the hands of the Governor 02-12-20 G Approved by the Governor (Act: 8) 02-12-20 G Earliest effective date SB 487 Laughlin, Danie Amends Breach of Personal Info. Notif. Act Amends the Breach of Personal Information Notification Act further providing for title of act, for definitions and for notification of breach; prohibiting employees of the commonwealth from using nonsecured Internet connections; and providing for commonwealth policy and for entities subject to the Health Insurance Portability and Accountability Act. A state agency, county, school district, or municipality that is the subject of a breach of security of the system shall provide notice of the breach of security of the system, as outlined in the bill. Employees and contractors of the commonwealth shall, while working with personal information on behalf of the commonwealth or otherwise conducting official business on behalf of the commonwealth, utilize encryption to protect the transmission of personal information over the Internet from being viewed or modified by a third party. The Governor's Office of Administration shall develop a policy to govern the proper storage by state agencies under the governor's jurisdiction of data, which includes personal information. Effective in 60 days. Companions: SCO 219 (Co-sponsor Memo) Bill History: 03-28-19 S Filed 03-28-19 S Introduced and referred to committee on Senate Communications and Technology 02-05-20 S Discussed during public hearing, Senate Communications and Technology -- Senate Communications and Technology SB 857 Vogel, Jr., Eld Amends Title 40 re telemedicine The Telemedicine Act authorizes the practice of telemedicine by health care providers. Requires each licensure board to promulgate regulations within 24 months of the effective date and provides for the publishing of temporary regulations to be issued within 120 days, which shall expire no later than 24 months following publication in the Pennsylvania Bulletin. Further provides for evaluation and treatment, insurance coverage, and Medicaid program reimbursement. Section 6 relating to insurance coverage of telemedicine shall take effect upon publication in the Pennsylvania Bulletin of the temporary regulations, section 7 relating to Medicaid program reimbursement shall take effect in 90 days, and the remainder shall take effect immediately. (Prior Printer Number: 1170, 1326) Companions: HB 872 (Related) SCO 616 (Co-sponsor Memo) Bill History: 11-21-19 S Received as amended in Senate and rereferred Senate Rules and Executive Nominations 01-08-20 S Discussed during informational meeting, House Agriculture and Rural Affairs -- House Agriculture and Rural Affairs 02-27-20 S Discussed at Budget Hearing with Dept. of Health, Senate Appropriations -- Senate Appropriations HB 1234 Cox, Jim Amends Workers' Comp. Act re exclusive remedy Amends the Workers' Compensation Act, in liability and compensation, further providing for the definitions of "injury," "personal injury" and "injury arising in the course of his employment," providing for diseases with long latency periods between occupational exposure and manifestation of the disease, and further providing for liability. The bill states that, notwithstanding the limitation otherwise provided with respect to disability or death resulting from an occupational disease having to occur within 300 weeks after the last date of employment in an occupation or industry to which a claimant was exposed to the hazards of disease, claims filed for a disease under subsection (c)(1) or (2) for which the time period between exposure to the hazard of disease in the workplace and manifestation of disease is greater than 300 weeks must be filed within 300 weeks of the date on which a claimant is diagnosed with the disease. Portions apply retroactively. Effective immediately. (Prior Printer Number: 1351) Companions: HCO1089 (Co-sponsor Memo) SB 143 (Related) Bill History: 02-03-20 H Laid on the table 02-03-20 H Removed from the table 03-16-20 H Set on the House Calendar HB 1283 Moul, Dan Amends Titles 40 & 42 re pension de-risking Amends Titles 42 (Judiciary and Judicial Procedure), in judgments and other liens, further providing for exemption of particular property. Exempts from attachment or execution on a judgment any allocated or unallocated group annuity contract issued to an employer or a pension plan for the purpose of providing retirement benefits to employees or retirees of the employer under a defined benefit plan, which retirement benefits: (1) were protected under the Employee Retirement Income Security Act of 1974 or the Federal Pension Benefit Guaranty Corporation prior to the effective date of the group annuity contract, or (2) will not be protected under the Employee Retirement Income Security Act of 1974 or the Federal Pension Benefit Guaranty Corporation on and after the effective date of the group annuity contract. Effective in 60 days. (Prior Printer Number: 1551, 1804) Companions: HCO1802 (Co-sponsor Memo) Bill History: 02-05-20 H Laid on the table 02-05-20 H Removed from the table 03-16-20 H Set on the House Calendar SB 94 Martin, Scott Amends Workers' Comp. Act re fire companies Amends the Workers' Compensation Act, in additional coverages, further providing for the definition of "employe"; and making editorial changes. The bill adds to the definition of employes officers, directors, rescue and lifesaving squad members or any other members of volunteer rescue and lifesaving squads of various municipalities. Clarifies that members of volunteer fire companies performing duties on state game land are considered to be employes of the Pennsylvania Game Commission. Effective immediately. (Prior Printer Number: 69) Companions: SCO 236 (Co-sponsor Memo) Bill History: 02-03-20 Third consideration 3:41pm 02-03-20 S Final Passage (Vote: Y: 50/N: 0) 02-04-20 H Received in the House and referred to House Labor and Industry HB 422 Delozier, Shery Amends PA Construction Code Act re training Amends the Pennsylvania Construction Code Act, in training and certification of inspectors, further providing for training of inspectors and trainee classification. The department may by regulation establish a separate trainee classification for each certification category, which shall be considered optional for all individuals seeking certification. Effective in 60 days. (Prior Printer Number: 411) Companions: HCO 664 (Co-sponsor Memo) Bill History: 11-18-19 S Reported as committed from Senate Labor and Industry 11-18-19 S First consideration 03-16-20 S Set on the Senate Calendar HB 1477 Delozier, Shery Amends Titles 18 & 63 re licensure Amends Title 18 (Crimes and Offenses) and 63 (Professions and Occupations (State Licensed)), in criminal history record information, providing that criminal convictions shall not automatically preclude the issuance of a license, certificate, registration or permit by a licensing agency; providing provisions regarding the General Counsel, the Bureau of Professional and Occupational Affairs and licensing boards and licensing commissions related to the power and duty to issue subpoenas; consolidating the provisions of Act 48 of 1993; and making a related repeal. Licensing bodies may refuse, suspend or revoke any license on the basis that the crime directly relates to the occupation for which certification is sought, or that an individualized assessment of the relation of the conviction to the applicant's overall suitability to engage in the profession for which the permit is sought shows substantial risk to the individual's clients or a substantial risk of further criminal convictions. The legislation provides exceptions for applicants if the individual can establish sufficient mitigation or rehabilitation and fitness to perform the duties of the trade for which the license is sought. Where the criminal conduct is related directly to the certification sought, the licensing body shall consider relevant proof of any factors that would rebut an adverse presumption or show rehabilitation. Effective in 60 days. (Prior Printer Number: 1860, 3005) Companions: HCO1426 (Co-sponsor Memo) SB 637 (Identical) Bill History: 12-18-19 Third consideration 2:34pm 12-18-19 H Final Passage (Vote: Y:193/N: 4) 02-19-20 H Discussed during budget hearing with Dept. of State, House Appropriations -- House Appropriations HB 1840 Struzzi, James Amends Apprenticeship and Training Act Amends the Apprenticeship and Training Act requiring the Department of Labor and Industry to conduct a 90-day review of the act, in consultation with the State Apprenticeship and Training Council and the U.S. Department of Labor Employment and Training Administration, Office of Apprenticeship, and report the changes necessary to the relevant legislative committees. Effective in 60 days. Companions: HCO2290 (Co-sponsor Memo) Bill History: 12-17-19 H Hearing set for 9:30 a.m., Room 60, East Wing, House Labor and Industry -- House Labor and Industry 12-17-19 H Public hearing held in committee House Labor and Industry 02-19-20 H Discussed during budget hearing with Dept. of Labor &, House Appropriations Industry -- House Appropriations HB 2040 Harris, Jordan Act re PA Second Chance Jobs The Second Chance Jobs Act provides for the PA Second Chance Jobs website and establishing the powers and duties of the Department of Labor and Industry. The act creates a publicly accessible, online job postings website where employers who are willing to hire ex-offenders can submit job postings. Effective immediately. Companions: HCO2716 (Co-sponsor Memo) Bill History: 12-16-19 H Set on the Tabled Calendar 12-16-19 H Removed from the table 03-16-20 H Set on the House Calendar SB 79 Tartaglione, Ch Amends Minimum Wage Act re tip deductions Amends the Minimum Wage Act, further providing for definitions. The bill that an employer that permits a customer to pay a gratuity by credit card shall pay the employees the full amount of the gratuity that the customer indicated on the credit card slip without deduction for any credit card payment processing fee or cost that may be charged to the employer by the credit card company. Effective in 60 days. Companions: SB 162 (Refiled from 17R Session) SCO 265 (Co-sponsor Memo) Bill History: 01-13-20 H Discussed During Voting Meeting, House Labor and Industry -- House Labor and Industry 01-28-20 H Press conference held 02-19-20 H Discussed during budget hearing with Dept. of Labor &, House Appropriations Industry -- House Appropriations HB 105 Cox, Jim Amends Tax Reform Code re small business tax Amends the Tax Reform Code, in personal income tax, further providing for classes of income. The intent of the bill is to allow for like-kind exchanges in Pennsylvania, mirroring Internal Revenue Code Section 1031 provisions. The bill applies to tax years beginning after December 31, 2020, and is effective immediately. Bill History: 02-04-20 H Removed from the table 02-04-20 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 330 Emrick, Joe Amends Taxpayer Relief Act re cleanup Amends the Taxpayer Relief Act making editorial changes to incorrect references. The bill corrects section references of the Local Tax Enabling Act throughout the bill. Effective in 60 days. (Prior Printer Number: 308) Bill History: 02-05-20 G In the hands of the Governor 02-12-20 G Approved by the Governor (Act: 5) 04-12-20 G Earliest effective date HB 333 Nelson, Eric Amends Tax Reform Code re small businesses Amends the Tax Reform Code, in personal income tax, permitting small businesses in Pennsylvania to take the full 179 deduction allowed under the federal Tax Code. Effective immediately. Bill History: 02-04-20 H Removed from the table 02-04-20 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 376 Owlett, Clint Amends Tax Reform Code re fire equipment Amends the Tax Reform Code adding a new article establishing the volunteer emergency responder tax credit. Authorizes a tax credit for a member of a volunteer emergency service organization who purchases fire equipment with personal income. Establishes that a volunteer emergency responder who purchases equipment with the volunteer emergency responder's personal income may claim a tax credit of up to $500. Effective immediately. (Prior Printer Number: 367) Companions: HCO 467 (Co-sponsor Memo) Bill History: 01-07-20 H Removed from the table 01-07-20 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 732 Quinn, Chris Amends Tax Reform Code re exemptions Amends the Tax Reform Code exempting from the realty transfer tax a transfer of real estate to or by a volunteer EMS company, volunteer fire company or volunteer rescue company as those terms are defined in 35 Pa.C.S. 7802 (relating to definitions). The bill is effective immediately and retroactive to January 1, 2019. Companions: HB 269 (Related) HB 1207 (Related) HCO2018 (Co-sponsor Memo) Bill History: 02-05-20 S Reported as committed from Senate Finance 02-05-20 S First consideration 03-16-20 S Set on the Senate Calendar HB 759 Dush, Cris Amends Title 35 re fire dept. reimbursements Amends Title 35 (Health and Safety), in emergency management services, providing for emergency response payment. The bill establishes that a person involved in an emergency that necessitates an official dispatch of a fire company shall be liable for the actual and reasonable response costs incurred by the fire company for services rendered unless the person has: paid a tax which funds at least part of the fire company's services to the municipality in which the fire company is located, or paid a subscription to the fire company. Effective in 180 days. Bill History: 01-13-20 H Laid on the table 01-13-20 H Removed from the table 03-16-20 H Set on the House Calendar HB 1168 Caltagirone, Th Amends Tax Reform Code re traffic signal tax Amends the Tax Reform Code, in sales and use tax, adding that the definition of "building machinery and equipment" includes traffic signal foundations, poles and mast arms. Effective in 60 days. Companions: HB 1254 (Refiled from 17R Session) Bill History: 11-21-19 H Removed from the table 11-21-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 1445 Daley, Mary Jo Amends Tax Reform Code re corporate tax Amends the Tax Reform Code, in corporate net income tax, providing that taxable income is determined before special deductions, establishing that for a corporation that is a member of a unitary business, the term taxable income shall mean the combined unitary income of the unitary business, providing requirements on all business income of a unitary business, and reducing the corporate tax rate; and in general provisions, providing that for an underpayment of an installment of estimate corporate net income tax for any year that begins in taxable year 2020 or 2021, interest shall not be imposed if the total amount of all payments of estimated corporate net income tax made on or before the last date of payment exceeds the amount which would have been required to be paid on or before such date if the estimated tax were an amount equal to the combined tax shown on the reports of all members of the unitary business. The legislation provides that corporate net income tax is gradually reduced to 5.99 percent by January 1, 2024, for each taxable year thereafter. Effective July 1, 2019, or immediately, whichever is later. Companions: HCO1789 (Co-sponsor Memo) Bill History: 05-09-19 H Filed 05-13-19 H Introduced and referred to committee on House Finance 02-18-20 H Discussed during budget hearing with Dept. of Revenue, House Appropriations -- House Appropriations HB 1559 Heffley, Doyle Amends Real Estate Tax Sale Law re bidders Amends the Real Estate Tax Sale Law, adding provisions relating to bidder registration before sale; and in sale of property, establishing that a tax claim bureau may establish a minimum purchase price and accept an offer of any price equal to or greater than the minimum purchase price. Effective in 60 days. Companions: HCO2072 (Co-sponsor Memo) SB 775 (Identical) Bill History: 11-21-19 H Removed from the table 11-21-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 1583 Peifer, Michael Amends Tax Reform Code re PTIN Amends the Tax Reform Code requiring that any personal income tax return prepared shall be signed by the paid tax return preparer and shall bear the paid tax return preparer's Internal Revenue Service preparer tax identification number. The legislation establishes an administrative penalty of $50 for failure to sign the return along with other provisions regarding failure to sign. Effective in 60 days. (Prior Printer Number: 2031) Companions: HCO2132 (Co-sponsor Memo) Bill History: 11-21-19 H Removed from the table 11-21-19 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 1677 Freeman, Robert Act re Tax Exempt Properties The Tax-exempt Property Municipal Assistance Act provides for an annual revenue sharing program for municipalities relating to tax-exempt real property; establishes the Tax-exempt Property Municipal Assistance Fund; imposes powers and duties on the Department of Community and Economic Development; and makes an inconsistent repeal. The intent of the bill is to provide a dedicated state funding source to municipalities that have at least 15 percent tax-exempt properties within their municipal borders. Effective in 60 days. (Prior Printer Number: 2261) Companions: HCO 351 (Co-sponsor Memo) Bill History: 01-22-20 H First consideration 01-22-20 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 2258 Peifer, Michael Amends Tax Reform Code re realty transfer tax Amends the Tax Reform Code, in realty transfer tax, providing a technical change to correct the language of the act. Provides for the words "demise" and "demised" for replacement of the words "devise" and "devised," respectively. Effective immediately. (Prior Printer Number: 3239) Companions: HCO3060 (Co-sponsor Memo) Bill History: 02-05-20 H First consideration 02-05-20 H Laid on the table 03-16-20 H Set on the Tabled Calendar HB 2259 Rowe, David Act re Individual Net Income Tax Act repeal Act repealing the Individual Net Income Tax. Effective in 60 days. Bill History: 02-05-20 H First consideration 02-05-20 H Laid on the table 03-16-20 H Set on the Tabled Calendar SB 30 Killion, Thomas Amends Tax Reform Code re housing tax credit Amends the Tax Reform Code providing for Pennsylvania Housing Tax Credit. The bill establishes that on presentation to the department, a qualified taxpayer may claim a dollar for dollar tax credit against the qualified tax liability of the qualified taxpayer if a tax credit certificate, issued by the agency after a determination by the agency that the qualified low-income housing project for which the tax credit was allocated, has fully certified its costs and is in compliance with agency requirements. Effective in 60 days. Companions: SCO 546 (Co-sponsor Memo) Bill History: 01-28-20 S Final Passage (Vote: Y: 49/N: 0) 01-30-20 H Received in the House and referred to House Urban Affairs 02-27-20 H Discussed during budget hearing with Dept. of Community &, Senate Appropriations Economic Development -- Senate Appropriations SB 1032 Tartaglione, Ch Amends Tax Reform Code re closing loophole Companions: SCO1376 (Co-sponsor Memo) Bill History: 03-03-20 S Filed 03-03-20 S Introduced and referred to committee on Senate Finance HB 2060 Mizgorski, Lori Amends Titles 74 & 75 re Turnpike Commission Amends Titles 74 (Transportation) and 75 (Vehicles), in sustainable mobility options, providing for payments to the Public Transportation Trust Fund of $300 million in fiscal year (FY) 2020-2021 and $150 million in FY 2021-2022; and, in Pennsylvania Turnpike, further providing for annual additional payments of $150 million for FY 2020-2021 and $75 million for FY 2021-2022. The bill also provides for annual base payments of $150 million for FY 2020-2021 and $75 million for FY 2021-2022. Effective July 1, 2020, or immediately, whichever is later. Companions: HCO3182 (Co-sponsor Memo) Bill History: 02-18-20 H Filed 02-24-20 H Introduced and referred to committee on House Transportation HB 2061 Culver, Lynda Amends Title 74 re Reduction of Funding Amends Title 74 (Transportation) providing for increasing the current step-down by reducing the amount of diversion from the Motor License Fund (MLF) to Pennsylvania State Police funding from 8 percent for each fiscal year (FY) until the total reaches $500 million from the MLF or 60 percent of the total amount appropriated for the same purposes in FY 2016-2017 (as contained in Act 85); and making a related repeal. Effectively immediately. Companions: HCO3167 (Co-sponsor Memo) Bill History: 02-14-20 H Filed 02-24-20 H Introduced and referred to committee on House Transportation 02-25-20 H Discussed during Budget Hearing with PennDOT, House Appropriations -- House Appropriations HB 2066 Lawrence, John Amends Fiscal Code re Motor License Fund Amends the Fiscal Code, in general budget implementation, providing that fines payable under the Motor License Fund will be credited to a restricted receipt account to be used only for funding the Pennsylvania State Police. Effective in 60 days. Companions: HCO3153 (Co-sponsor Memo) Bill History: 02-14-20 H Filed 02-24-20 H Introduced and referred to committee on House Transportation HB 2068 Hennessey, Tim Amends Title 74 re County referendums Amends Title 74 (Transportation), in public transportation, providing for local mass transit funding by establishing a county tax for mass transportation. The legislation also establishes that the Department of Revenue will be required to administer the local excise tax which can be a tax for real property transfer, a surtax on taxable income, or a surtax on the purchase price of tangible personal property and services. This legislation provides that counties may make annual grants from revenues generated by this tax to local transportation organizations to assist with defraying the costs of mass transportation. Effective in 60 days. Companions: HCO3154 (Co-sponsor Memo) Bill History: 02-14-20 H Filed 02-24-20 H Introduced and referred to committee on House Transportation HB 2330 Mizgorski, Lori Amends Title 74 re PA Infrastructure Bank Amends Title 74 (Transportation) consolidating language relating to the Pennsylvania Infrastructure Bank into a single chapter. Effective in 60 days. Companions: HCO3146 (Co-sponsor Memo) Bill History: 03-02-20 H Filed 03-04-20 H Introduced and referred to committee on House Transportation Attorney General Josh Shapiro speaks at a Capitol press conference. BY: JUSTIN SWEITZER FEBRUARY 27, 2020 Pennsylvania Attorney General Josh Shapiro announced this week that Pennsylvania is joining an 18-state suit against the U.S. Department of Labor over a new rule that Shapiro says could undermine federal workplace protections. The 18 attorneys general are suing over a rule change that could exempt certain businesses from a “joint employer” provision that requires multiple employers to share liability under the Fair Labor Standards Act when both businesses employ the same person. “Pennsylvania workers are entitled to minimum wage and overtime regardless of whether they work for a small company, a temporary agency, or a multinational corporation,” Shapiro said in a statement. “I will continue to fight for workers against harmful Trump Administration policies.” Under the FLSA, both employers that subcontract and outsource work — and the staffing agencies they pull from — must provide worker protections. The coalition of AGs argue that the rule, which will subject businesses to a four-part test to determine joint employer status, could result in more outsourcing and subtracting, resulting in less pay and few protections. “The Final Rule will increase the prevalence of outsourcing, subcontracting, and other sorts of fissuring in Plaintiffs’ jurisdictions by permitting companies to shed their legal liabilities under the FLSA through these sorts of arrangements,” the suit reads. “Outsourced and subcontracted employees on average are paid less than directly-employed workers.” U.S. Labor Secretary Eugene Scalia wrote in a January op-ed that the new rule will unshackle businesses from duplicative regulations that currently require both businesses that maintain a contractual employment agreement to keep employee records. “By removing uncertainty for these businesses and their workers, this rule also benefits the economy more broadly,” Scalia wrote. “Every dollar lost by business to vague or unnecessary regulation is a dollar less for creating jobs, increasing wages, funding retirement plans, or lowering prices.” Scalia added that the new rule would allow companies to “demand certain basic standards from suppliers or franchisees — like effective anti-harassment policies and compliance with employment laws — without themselves being deemed the employer of the other company’s workers.” The suit from Shapiro and the 17 other attorneys general asks that the U.S. District Court for the Southern District of New York vacate and set aside the final rule and prohibit the Department of Labor from implementing it. The rule is scheduled to take effect on March 16, 2020.
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