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Election Update Judicial, county, municipal and school board races were conducted on Tuesday, November 2nd. For the State Supreme Court, Republican Kevin Brobson won over Democrat Maria McLaughlin, but the majority stays 5-2. Another Republican, Megan Sullivan, won for Superior court against Democrat Timika Lane and two Republicans won races for the Commonwealth Court - Stacy Wallace and Drew Crompton over Democrat opponents Lori Dumas and David Spurgeon. Election day also saw two special elections for the State House. In the 164th House District to replace Margo Davidson, Democrat Gina Curry won the election. Next, Democrat Thomas Welby won election in the 113th State House District to replace Marty Flynn who was elected to the Senate earlier in the year.
Several state legislators ran and were successful in bids for other offices, including State Representative Tarah Toohil's (R-Luzerne) who won her race for judge in Luzerne County, Representative Ed Gainey (D- Allegheny) who won his bid for Mayor of Pittsburgh and State Senator John Sabatina's (D-Phila) who also won a judgeship. Delaware County saw Democrats win two spots for County Council (Kevin Madden and Rich Womack) as well as Sheriff, County Controller, and Register of Wills. Governor Tom Wolf Issues Executive Order on Minimum Wage/Paid Sick Leave On Friday October 22nd, Governor Tom Wolf announced that we would enact minimum wage and paid sick leave changes via an executive order. The Governor is directing the Department of Community and Economic Development to verify that businesses receiving state aid pay workers $13.50 as opposed to the current $7.50. The $13.50 minimum wage for state employees and contractors will reach $15 on July 1, 2024, under an executive order the governor signed in 2018. Governor Wolf is also asking DCED to verify that contractors provide paid sick leave to their employees. Highlights of the EC include:
On Friday, November 5th the US House passed the long awaited infrastructure bill previously approved by the US Senate. President Joe Biden stated he will quickly approve the $1.2 trillion Infrastructure Investment and Jobs Act package. The package contains $550 billion in new spending over five years for mass transit, roads, bridges, rail, expand electric vehicle charging stations, expand broadband, remove lead pipes and waterways. It is funded in part by the Corporate Profits Minimum Tax that would impose a 15% tax on corporations that report more than $1 billion in profits. The final vote was 228-206. Thirteen Republicans voted with the majority of Democrats in support of the bill, though six Democrats voted against it. Earlier in the week, President Biden issued comprehensive vaccine mandates for not only federal workers and contractors, but also employers with at least 100 staff. The Department of Labor has provided several fact sheets and the U.S. Chamber also created an easy-to-digest document detailing the facts on the ETS for COVID-19 vaccinations. Click here to download the fact sheet. Dates of Interest -
2021 SENATE SESSION SCHEDULE September 20, 21, 22, 27, 28, 29 October 18, 19, 20, 25, 26, 27 November 15, 16, 17 December 13, 14, 15 2021 HOUSE SESSION SCHEDULE September 13 (canceled), 14 (canceled), 15 (canceled), 27, 28, 29 October 4, 5, 6, 25, 26, 27 November 8, 9, 10, 15, 16, 17 December 13, 14, 15 Tracked Legislation o Community, Economic & Workforce Development HB 425 , Dowling, Matthe, Licensee to Sell Liquor to Another Licensee Amends the Liquor Code, in licenses and regulations, providing for a permanently closed business with a liquor license to sell their inventory of liquor and wine to an active licensee. The act provides that the buyer must notify the Pennsylvania Liquor Control Board of all product purchased. Also allows for licensees to provide alcohol and food service to non-contiguous areas within 1,000 feet of the licensed premise, uncaps the number of off-premise catering events a licensee can hold a year, and waives all fees related to safekeeping for one additional year to help licensee holders who had to shut down due to the pandemic and were unable to sell their license. Specifies that the additional year of safekeeping starts on the date of a renewal or validation of the license that occurs after December 21, 2021. Effective immediately. (Prior Printer's Number: 402, 938, 1371, 1495) Bill History: 02-05-21 H Filed 10-26-21 S Final Passage (Vote: Y: 50/N: 0) 10-27-21 H House concurred in Senate amendments (Vote: Y:199/N: 0) 10-28-21 G In the hands of the Governor 11-05-21 G Approved by the Governor (Act: 81) 11-05-21 G Earliest effective date SB 562 Scavello, Mario Airport Land Development Zone (ALDZ) Program Amends the Tax Reform Code providing for airport land development zones to encourage and promote the creation of new jobs on land and buildings owned by airports in the commonwealth, and to accelerate economic activity on undeveloped land or vacant buildings owned by Pennsylvania airports. The legislation establishes the airport land development zone tax credit for airport land development zone employers and language regarding the tax credit's requirements, use and carryforward, and penalties. Effective in 60 days. Bill History: 05-26-21 S Removed from the table 11-08-21 S Set on the Senate Calendar Taxation & Budget HB 71 Warner, Ryan Joint Resolution re spending limit The Taxpayer Protection Act A Joint Resolution proposing a constitutional amendment, in taxation and finance, providing for spending limitations on the commonwealth. Establishes that the spending limit for any fiscal year shall be equal to the spending during the immediately prior fiscal year, adjusted by the sum of the average of the percentage change in the annual United States Consumer Price Index for All Urban Consumers and the average percentage change in the resident population in the commonwealth. Constitutional amendments require approval in two consecutive legislative sessions and then approval by the voters through a referendum. Bill History: 05-26-21 H Removed from the table 11-08-21 H Set on the House Calendar HB 240 Driscoll, Micha Realty Transfer Tax Exemption for First Responders’ Surviving Families Amends the Tax Reform Code excluding from the realty transfer tax a transfer of real estate from the surviving spouse or minor child of an individual covered under the Emergency and Law Enforcement Personnel Death Benefits Act if the covered individual died as a result of the performance of duties and certain other conditions are met. Effective in 60 days. Bill History: 01-22-21 H Filed 01-25-21 H Introduced and referred to committee on House Finance 11-09-21 H Meeting set for 9:30 a.m., Room 205, Ryan Office Building, House Finance -- House Finance HB 430 Emrick, Joe Eliminating The Property Tax Penalty If Property Tax Bill Is Not Received During The First Year of Ownership Amends the Local Tax Collection Law providing that a taxing district shall require a tax collector to waive additional charges for real estate taxes within 90 days beginning the first year after the effective date if the taxpayer complies with certain requirements. Provides liability protections for tax collectors and how waiver requests are handled for mobile and manufactured homeowners. Effective in 90 days. (Prior Printer's Number: 407, 1322) Bill History: 02-05-21 H Filed 10-25-21 S Rereferred to Senate Appropriations HB 1534 Mackenzie, Milo Unclaimed Property Update for Lineal Descendants Amends Title 20 (Decedents, Estates, and Fiduciaries), in dispositions independent of letters, family exemption, probate of wills and grant of letters, providing that if the amount of funds for unclaimed property is $11,000 or less, a lineal descendant other than a child may present a claim showing that there is no other surviving relative. Effective in 60 days. 09-28-21 H Rereferred to House Appropriations HB 1921 Struzzi, James Helping Grieving Families Through Unnecessary Tax Burdens Amends the Tax Reform Code, in personal income tax, providing that family members may receive an overpayment on personal income tax for a deceased family member. Effective immediately. Bill History: 09-27-21 H Filed 09-28-21 H Introduced and referred to committee on House Finance 11-09-21 H Meeting set for 9:30 a.m., Room 205, Ryan Office Building, House Finance -- House Finance HB 2016 Mustello, Marci Amends Title 20 re Small Estates Amends Title 20 (Decedents, Estates and Fiduciaries), in dispositions independent of letters, family exemption and probate of wills and grant of letters, providing for settlement of small estates on petition. Provides clarification to paragraphs under the section and provides for a subparagraph detailing that real property, property payable under section 3101, and property not subject to administration as part of a probate estate shall not be counted towards the $50,000 limitation on property distributed by the orphans' court of the county where the decedent was domiciled at the time of the decedent's death. Effective in 60 days. Bill History: 10-26-21 H Filed 11-09-21 H Meeting set for 10:00 a.m., Room 515, Irvis Office Building, House Judiciary -- House Judiciary HB 2057 Roae, Brad Amends Title 15 & 54 re Business Corp. Law Amends Title 15 (Corporations and Unincorporated Associations) and 54 (Names), in various provisions related to business corporation law, establishing revisions related to filings with the Department of State, changes in the Delaware General Corporation Law and Model Business Corporation Act, revisions based on endorsement by the Pennsylvania Supreme Court regarding corporate governance, revisions applicable to specific types of corporations, and miscellaneous changes. Effective in 60 days. Last Action: 11- 5-21 H Introduced and referred to committee on House Commerce SB 349 Hutchinson, Sco Small Business Reform Package Amends the Tax Reform Code, in personal income tax, further providing for classes of income by stipulating that the cost of property commonly referred to as Section 179 Property may be treated as a deductible expense not to exceed $100,000. Effective immediately. Bill History: 03-10-21 S Filed 10-25-21 S Voted favorably from committee on Senate Finance 10-27-21 S Final Passage (Vote: Y: 31/N: 19) 10-28-21 H Received in the House and referred to House Finance SB 915 Browne, Patrick Act re capital budget The Capital Budget Project Itemization Act of 2021-2022 provides for the budget for fiscal year 2021-2022; itemizes public improvement projects, furniture and equipment projects, transportation assistance, redevelopment assistance projects, flood control projects, and provides appropriations. This act outlines the projects included in the budget and their allocation for the fiscal year organized by department and county. Effective immediately. Bill History: 10-18-21 S Filed 10-27-21 S Rereferred to Senate Appropriations Transportation/Infrastructure HB 37 Brown, Rosemary ENHANCED DRIVER RESPONSIBILITY (while operating an interactive wireless communication device) Amends Title 75 (Vehicles), in licensing of drivers, providing for learners' permits and examination; and, in rules of the road, prohibiting text-based communications and use of interactive wireless communications devices and imposing penalties. Requires a person under the age of 18 to view educational materials provided on the department's publicly accessible internet website on the dangers of distracted driving, which may include, but are not limited to, written, electronic or video materials. Provides that the portion of the examination on traffic laws shall contain at least one question on distracted driving relating to the driver's ability to understand the effects of distracted driving. Prohibits a driver from operating a motor vehicle on a highway or trafficway in the commonwealth while physically using an interactive wireless communications device to send, read or write a text-based communication. Further prohibits a driver from operating a motor vehicle on a highway or trafficway in the commonwealth while physically holding or supporting with their body an interactive wireless communications device, unless the motor vehicle is parked on the side or shoulder of a highway or trafficway in the commonwealth where the motor vehicle is safely able to remain stationary. Amends the definition of "interactive wireless communications device" to clarify a mobile or a hand-held radio can be used by a person with an amateur radio license issued by the Federal Communications Commission. Further provides that a person who violates the subsection shall be sentenced to pay a fine of $100 upon conviction. Effective in 180 days. (Prior Printer Number: 489) Bill History: 02-16-21 H Filed 11/8/01 H Set on the House Calendar HB 1341 Topper, Jesse Municipal Tri-Axle Gross Weight Limit Amends Title 75 (Vehicles) adding language providing a municipal-owned three-axle motor vehicle may exceed the 58,400 maximum gross weight if the gross weight is not more than the vehicle's gross vehicle weight rating or 80,000 pounds, whichever is less. Effective in 60 days. Bill History: 05-04-21 H Filed 11-10-21 H Meeting set for 10:00 a.m., Room G-50, Irvis Office Building, House Transportation -- House Transportation HB 1505 Flood, Ann (F) Amends Title 66 re rideshare identification Sami's Law Amends Title 66 (Public Utilities), in transportation network service, providing that a driver for a transportation network company shall be provided a barcode that is unique to that driver and shall link to the driver's credentials on a publicly accessible internet website hosted by the transportation network company. Establishes that any individual who falsely represents themselves as a transportation network company's driver or fails to present the credentials shall be guilty of a misdemeanor of the second degree. Establishes that any individual who falsely represents themselves as a transportation network company's driver or fails to present the credentials which results in harm to an individual shall be guilty of a misdemeanor of the first degree. Effective in 60 days. Bill History: 05-27-21 H Filed 11-08-21 H Meeting set for Off the Floor, Room 205, Ryan Office Buildin, House Consumer Affairs -- House Consumer Affairs HB 1785 Benninghoff, Ke Airport requirements Amends Title 74 (Transportation), in authority of Department of Transportation, repealing the requirement that a new airport cannot be located within two miles of the boundaries of an existing airport. Effective in 60 days. Bill History: 08-11-21 H Filed 11-10-21 H Removed from agenda, House Transportation -- House Transportation SB 382 Langerholc, Way Reforming Pennsylvania’s Public-Private Transportation Partnership Statute Amends Title 74 (Transportation), in public-private transportation partnerships, establishing a definition for transportation-related service and providing analysis responsibilities by the board for transportation projects; and voiding prior initiatives of the Public-Private Transportation Partnership Board. Provides fixed notice requirement and public comment period on projects. Provides for the General Assembly's oversight for transportation projects. Provides the Department of Transportation the authority to tax and appropriate funds without additional oversight of the legislature. Effective immediately. Bill History: 03-09-21 S Filed 11-09-21 H Meeting set for 11:00 a.m., Room 205, Ryan Office Building, House Transportation -- House Transportation SB 737 Langerholc, Way Reducing Project Delivery Costs at the PA Turnpike Commission Amends the Pennsylvania Municipalities Planning Code, in repeals, further providing for general repeal. This legislation places the Pennsylvania Turnpike Commission under the same exemption as the Department of Transportation (PennDOT). PennDOT is currently exempt from local municipal ordinances and is not required to follow stringent regulations set by the Pennsylvania Department of Environmental Protection regarding the National Pollutant Discharge Elimination System (NPDES). Effective in 60 days. Bill History: 06-08-21 S Reported as committed from Senate Transportation 10-27-21 S Laid on the table (Pursuant to Senate Rule 9) SB 827 Ward, Judy (F) Electronic Weigh Station Bypass The Weigh Station Preclearance Program Act establishes the Weigh Station Preclearance Program in the Pennsylvania State Police; and provides for criteria for preclearance system and devices and for data access. The legislation further provides that that Pennsylvania State Police shall operate the program at locations where commercial vehicle enforcement is conducted and shall have unrestricted access to roadside event data provided by the preclearance system. Effective in 180 days. Bill History: 07-26-21 S Filed 10-26-21 S Final Passage (Vote: Y: 50/N: 0) 10-27-21 H Received in the House and referred to House Transportation SB 892 Laughlin, Danie Including "Electric Low Speed Scooters" in Title 75 Amends Title 75 (Vehicles), in special vehicles and pedestrians, providing for a pilot program for electric low-speed scooters and a micro-mobility pilot project. Provides that a city of the second or third class or any town or borough can provide electric low-speed scooters to the public upon executive order. Effective immediately. Bill History: 10-07-21 S Filed 10-07-21 S Introduced and referred to committee on Senate Transportation SR 53 Baker, Lisa Comprehensive LBFC study of PennDOT’s highway maintenance funding Resolution directing the Legislative Budget and Finance Committee to conduct a study and issue a report, by twelve months from the date of adoption of the resolution, on the Department of Transportation's highway maintenance funding (Prior Printer's Number: 472). Bill History: 06-07-21 S Removed from the table 11-08-21 S Set on the Senate Calendar Environment/Regulations SB 525 Gordner, John Growing Greener III Amends Title 27 (Environmental Resources), in environmental stewardship and watershed protection, further providing that the people of Pennsylvania have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment, and the commonwealth has an obligation to provide greater investments to conserve land and water resources, restore damaged waterways and land, and create prosperous and sustainable communities. Provides for funding of $500 million from money received by the commonwealth from the federal government under the American Rescue Plan Act of 2021 for fiscal year 2021-2022 and specifies allocations for funding for fiscal years 2017-2018 through 2020-2021 and for fiscal years 2021-2022 and thereafter. Establishes that the Department of Conservation and Natural Resources shall utilize the money it receives from the fund to provide grants to include connections between trails, access to riverfronts, including conservation of forested riparian buffers, heritage areas and other conservation and recreation purposes. Provides that the Department of Environmental Protection shall use the money it receives from the fund for abandoned mine cleanup efforts and to provide grants for mine land cleanup and other enumerated grant purposes. Establishes that the Department of Agriculture shall use funds for counties to preserve farmland and for grants to preserve farmland. Effective in 60 days. Bill History: 06-17-21 S Filed 11-08-21 S Set on the Senate Calendar SB 597 Stefano, Patric Amends Water Quality Accountability Act Amends Title 27 (Environmental Resources), in special programs, establishing Chapter 67 related to water quality accountability. Provides that a water system operator shall implement an asset management plan designed to inspect, maintain, repair and renew its water and wastewater infrastructure consistent with standards and enumerates what should be in the plan. Provides that a water system operator shall have the duty to inspect and repair or replace critical valves. Provides that no water meter that has an error in registration of more than two percent may be placed in service, nor may a water meter that has an error in registration of more than 4 percent be allowed to remain in service, when water is passing through the meter at certain rates of flow. Provides that within one year of the effective date, a water system operator shall submit a plan to remove and replace all lead service lines within or connected to the operator's public water system. Provides for the development of a cybersecurity system, annual information to customers, regulations, contingency for public funding and enforcement. Effective in 60 days. Bill History: 05-26-21 S Discussed during joint public hearing with House, House Consumer Affairs 11-08-21 S Set on the Senate Calendar SB 717 Bartolotta, Cam Improving the Permit Appeals Process Amends the Environmental Hearing Board Act further providing for the definition of record of decision and establishing a standard of review for appeals of a permit issued by the department. Establishes that the moving party must prove by preponderance of the evidence that the department's action in issuing or denying the permit was arbitrary or capricious. Effective in 60 days. Bill History: 05-28-21 S Filed 10-25-21 S Set on the Senate Calendar SB 718 Bartolotta, Cam Improving the Permit Appeals Process Amends the Environmental Hearing Board Act providing that terms for a member of the board shall be five years instead of six years and establishing that a member shall be reappointed by the governor with the consent of the Senate after the term expires. Effective in 60 days. Bill History: 05-28-21 S Filed 10-25-21 S Set on the Senate Calendar SB 832 Yaw, Gene Establishing a Clean Streams Fund for Pennsylvania Amends Titles 3 (Agriculture) and 27 (Environmental Resources), in Conservation Excellence Grant Program, further providing for criteria for evaluation of applications; and providing for nonpoint source pollution reduction. This legislation adds a section related to nonpoint source pollution reduction and introduces pay-for-success approaches to spur further innovation and private investment. The legislation establishes the Clean Streams Fund in the State Treasury, appropriates at least $250 million to the fund for fiscal year 2021-2022, and provides for the distribution of the funds. The legislation also establishes the Agriculture Conservation Assistance Program and the Pennsylvania Clean Water Procurement Program and provides for duties of PENNVEST under that program. Effective in 60 days. Bill History: 08-11-21 S Filed 11-08-21 S Set on the Senate Calendar Energy/Utilities/Telecom HB 637 Struzzi, James Legislative Authority Over Carbon Tax/Multi-State Compacts (RGGI) The Pennsylvania Carbon Dioxide Cap and Trade Authorization Act authorizes the 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. Provides that once the public comment period has ended, DEP will submit the report to the standing committees and request that a member of the standing committees will introduce the legislation. Effective immediately. Bill History: 06-08-21 H Recommitted to House Rules 11-08-21 H Set on the Tabled Calendar HR 148 White, Martina Renewable Fuel Standards Resolution urging the Environmental Protection Agency to exercise its authority under the Clean Air Act to revise the nationwide Renewable Fuel Standard by updating volume mandates to provide relief for refiners and to implement additional reforms which will allow the blending of renewable fuels consistent with the original intent of the standard. Bill History: 10-08-21 H Filed 11-08-21 H Set on the House Calendar SCR 1 Yaw, Gene Concurrent Resolution disapproving RGGI Bill History: 09-14-21 S Filed 11-08-21 H Meeting set for Off the floor, Room G-50, Irvis Office Build, House Environmental Resources and Energy -- House Environmental Resources and Energy SB 275 Yaw, Gene Energy Choice Legislation Amends Title 53 (Municipalities Generally), in preemptions, providing for restrictions on utility services prohibited. Prohibits a municipality from adopting a policy that restricts, prohibits or has the effect of restricting or prohibiting the connection or reconnection of a utility service based upon the type of source of energy to be delivered to an individual consumer within the municipality. Provides that the bill does not affect the authority of a municipality to take steps designed to reduce greenhouse gas emissions or purchase renewable energy from municipal authorities and operations and clarifies that a municipality's exercise of its land use authority in accordance with the municipality's planning code shall not be construed as restricting or prohibiting an individual or entity from choosing a utility service provider. Effective in 60 days. (Prior Printer's Number: 263) Bill History: 02-24-21 S Filed 10-27-21 S Final Passage (Vote: Y: 35/N: 15) 10-28-21 H Received in the House and referred to House Local Government SB 284 Yaw, Gene Bonding of Solar and Wind Installations Amends Title 27 (Environmental Resources) adding two chapters providing for bonding for alternative energy production projects and providing for solar forced labor prevention. Provides that the operator of an alternative energy production project commenced on or after the effective date shall post a bond with the department on a form prescribed by the department. Further provides that the board may determine the amount of the bond required based on the total estimated cost to the commonwealth related to potential hazardous liabilities, decommissioning the permitted area, completing a reclamation plan for the affected site, the proper recycling or disposal of the alternative energy production project, and any other factor determined by the board. Provides an exclusion from the bonding requirements for a residence or business in the commonwealth that generates alternative energy for onsite consumption and for the owner or operator of a farm who owns and operates an alternative energy generation facility on the farm premises, regardless of location of consumption of the energy generated. Adds a second chapter requiring the Department of Environmental Protection to establish a solar forced labor prevention list and a rolling application process for admittance onto the solar force labor prevention list. Provides each commonwealth entity seeking to own, procure or otherwise participate in a solar project shall ensure that a selected panel manufacturer is included on the list. Also encourages a political subdivision or other local government entity to seek a solar panel manufacturer from the list when participating in a solar project. The new chapter relating to bonding shall take effect in 60 days and the remainder shall take effect immediately. (Prior Printer's Number: 270) Bill History: 02-26-21 S Filed 11-08-21 S Set on the Senate Calendar SB 635 Yudichak, John Enhancements to C-PACE Program Amends Title 12 (Commerce and Trade), in property assessed clean energy program, providing that qualifying commercial property is included under the provisions of the legislation and establishing that indoor air quality refers to a project which improves health or performance outcomes by reducing exposure to indoor airborne contaminants. The legislation also provides for the definition of qualifying commercial property, the establishment of a program to determine the eligibility of qualifying commercial property, notification procedures for notice to lien holders, and for qualifying commercial properties to notify municipalities upon work completion. The legislation establishes collection procedures for delinquent installments of assessments and that collections of assessments shall be made only upon qualifying commercial property whose owner has executed a written agreement with the governing body agreeing to the assessment. Effective in 60 days. Bill History: 05-04-21 S Filed 10-18-21 S Rereferred to Senate Appropriations SB 806 Yaw, Gene Natural Gas Royalty Interest Transparency Legislation Amends the Oil and Gas Lease Act further providing for definitions, for payment information to interest owners and for accumulation of proceeds from production. Effective in 120 days. (Prior Printer's Number: 973) Bill History: 06-25-21 S Filed 10-19-21 S Rereferred to Senate Appropriations Banking HB 1594 Tomlinson, Kath Amends Unfair Trade Act re 3rd-Party Sellers Organized Retail Crime Amends the Unfair Trade Practices and Consumer Protection Law requiring an online marketplace to require a high-volume third-party seller to provide accurate bank account information, contact information, business tax identifier numbers, and whether the seller is exclusively advertising or offering the consumer product on the online marketplace or currently advertising or offering the same product on another online website other than the marketplace. Provides exceptions and enforcement of violations. Effective in 180 days. Bill History: 06-10-21 H Filed 10-06-21 H Hearing set for 9:30 a.m., Room B31, Main Capitol, House Consumer Affairs -- House Consumer Affairs Liability/Insurance HB 1598 Boback, Karen PEMA Flood Plain Management Administration Amends the Flood Plain Management Act replacing references to the Department of Community Affairs with the Pennsylvania Emergency Management Agency (PEMA); and, in miscellaneous and appropriations, repealing provisions related to appropriations. This legislation provides that PEMA will have the statutory authority to administer and oversee the National Flood Insurance Program in place of the Department of Community and Economic Development. Effective in 60 days. Bill History: 09-28-21 S Set on the Senate Calendar Labor & Employment HB 723 Mizgorski, Lori Modernization of the Workforce Development Act Amends the Workforce Development Act, in local workforce investment areas and boards, further providing for the establishment of the Pennsylvania Workforce Development Board and employer costs for training. Establishes membership criteria for the board and for the operation of a fiscal management accountability information system and a performance accountability system. Provides for the establishment of local workforce areas and regions and local workforce development boards and membership composition. Establishes criteria for conflicts of interest and for plan functions and responsibilities. Adds forward-facing employment data as criteria to be used by the Department of Labor and Industry when identifying industry clusters and targeted industry clusters and imposes additional requirements on the department for producing and disseminating employment data to other state agencies and postsecondary education institutions. Provides for local performance measures and makes changes to amend the Workforce Development Act to be in compliance with the federal requirements of the Workforce Innovation and Opportunity Act. Provides nothing in the act shall be construed to conflict with federal law. Effective in 60 days. (Prior Printer's Number: 710, 1312) Bill History: 03-01-21 H Filed 10-18-21 S Rereferred to Senate Appropriations HB 764 Miller, Brett Provisional Hiring Parity Legislation Amends Title 23 (Domestic Relations), in child protective services, repealing provisions related to provisional employees for limited periods and providing an employer, administrator, supervisor or other person responsible for employment decisions may employ an applicant on a provisional basis for a single period not to exceed 45 days if enumerated requirements are met. Provides requirements for an employee hired on a provisional basis and exceptions for child care institutions within federal foster care maintenance or a facility that services children and is licensed by the Department of Human Services other than a child day care center, group day care home or family child care home. Effective January 1, 2022. (Prior Printer's Number 750) Bill History: 03-03-21 H Filed 11-08-21 S Set on the Senate Calendar HB 922 Davanzo, Eric Workers' Compensation - Whitmoyer Remedy Amends the Workers' Compensation Act, in liability and compensation, removing the word installments from the statute. Effective in 60 days. 11-08-21 H Set on the House Calendar HB 1819 Labs, Shelby (F Unemployment Compensation Eligibility Clarification Amends the Unemployment Compensation Law adding language providing a claimant who has applied for a position may not take any action to discourage the claimant's own hire, including refusing to attend or failing to participate, without good cause, in a job interview or other applicant selection activity offered by the employer; refusing employment or a referral for employment in suitable work, without good cause, prior to an interview or a discussion of the details of a job with the employer; or failing to make a good faith effort to obtain employment, as evidenced by statements or other actions of the claimant that are intended to discourage the claimant's hire. Further provides if a claimant refuses or fails to participate in a job interview or applicant selection activity for good cause, the claimant shall notify the employer of the reasons and make a good faith effort to reschedule the interview or other activity with the employer in order to be considered for the position. Effective immediately. (Prior Printer's Number: 2063, 2204, 2244) Bill History: 08-27-21 H Filed 10-27-21 H Final Passage (Vote: Y:176/N: 23) 11-10-21 S Meeting set for 10:30 a.m., Room 8E-B, East Wing, Senate Labor and Industry -- Senate Labor and Industry HB 1829 Ecker, Torren Work Permits for Minors Amends the Child Labor Act to allow for work permits to be signed by the minor by way of video conference or other electronic means, in lieu of requiring the physical presence of the applicant. Effective in 60 days. Bill History: 08-31-21 H Filed 10-06-21 H Final Passage (Vote: Y:198/N: 1) 11-10-21 S Meeting set for 10:30 a.m., Room 8E-B, East Wing, Senate Labor and Industry -- Senate Labor and Industry HB 1837 Irvin, Rich Workers Comp Regulation Suspension Legislation Amends the Workers' Compensation Act, in procedure, providing that the attestation by two witnesses or acknowledgment before a notary public shall not be required if the employe, widow or widower, or dependent appears before the workers' compensation judge for the purposes of a hearing required under subsection (b) and provides a sworn oral statement that he or she understands the full legal significance of the agreement. Effective in 60 days. (Prior Printer's Number: 2081) Bill History: 09-02-21 H Filed 10-25-21 H Final Passage (Vote: Y:197/N: 0) 11-10-21 S Meeting set for 10:30 a.m., Room 8E-B, East Wing, Senate Labor and Industry -- Senate Labor and Industry SB 689 Baker, Lisa Reinstating Work Search Requirements for UC Claimants Amends the Unemployment Compensation Law, in compensation, providing that waiver provisions established under unemployment compensation regarding work search requirements and registration with CareerLink as a result of COVID-19 may not continue beyond June 30, 2021. Effective immediately. Bill History: 05-26-21 S First consideration 10-25-21 S Set on the Senate Calendar Health/Human Services HB 220 Rader, Jack Not Requiring a Positive Drug Test to Start Addiction Treatment Amends the Administrative Code, in powers and duties of the Department of Drug and Alcohol Programs, further providing for powers and duties. The bill establishes that the standards shall require that private and public treatment and rehabilitation facilities may not deny addiction treatment to an individual solely due to a negative result on a drug test. Effective in 60 days. Bill History: 01-22-21 H Filed 11-08-21 S Meeting set for 12:30 p.m., Room 8E-A, East Wing, Senate Health and Human Services -- Senate Health and Human Services HB 291 Labs, Shelby (F PACE/PACENet Social Security COLA Moratorium Amends the State Lottery Law extending the current Social Security cost-of-living adjustment moratorium until December 31, 2021. Effective immediately. Bill History: 01-26-21 H Filed 10-05-21 H Final Passage (Vote: Y:200/N: 0) 11-09-21 S Meeting set for 12:00 p.m., Room 8E-A, East Wing, Senate Aging and Youth -- Senate Aging and Youth HB 681 Ecker, Torren Ban on Non-Compete Agreements for Health Care Practitioners The Health Care Practitioner Noncompete Agreement Act prohibits the enforcement of covenants not to compete in health care practitioner employment agreements. The bill provides for the duty of the employer and activities outside the scope of practice. Nothing in the act shall be construed to limit the period of time a party may agree to maintain information, limit the geographic area within which the information must be kept confidential, allow a health care practitioner to solicit individuals who are patients of the former employer but not prior patients of the health care practitioner, or create a separate right to the patient list of the employer. Provides for an exception. Effective in 30 days. (Prior Printer's Number: 640) 11-08-21 H Set on the House Calendar HB 889 Miller, Brett Updating International Nursing Licensure Exam Requirements Amends the Professional Nursing Law further providing for examinations and certificates. The bill establishes that the board may admit to examination any person who has satisfactorily completed a nursing education program for the preparation of registered professional nurses or an approved dietetics-nutrition education program in a country or territory not mentioned, who has been licensed, registered or duly recognized there as a professional nurse, dietitian-nutritionist, dietitian or nutritionist, provided such a program is equal to that required in this commonwealth. Effective in 60 days. Bill History: 03-11-21 H Filed 10-26-21 H Final Passage (Vote: Y:198/N: 0) 10-26-21 S Received in the Senate and referred to Senate Consumer Protection & Prof. Licensure HB 1260 Thomas, Wendi PACE/PACENET Eligibility Expansion Amends the State Lottery Law, in Pharmaceutical Assistance for the Elderly (PACE), further providing for the pharmaceutical assistance contract for the elderly needs enhancement tier (PACENET) with income limitations of $33,500 for a single person and $41,500 for combined income for married persons and establishing that the board shall advise on the development and modernization of the program. Provides for powers of the department and that the program shall pay a premium assessed by a PACE or PACENET enrollee's prescription drug plan. Effective in 60 days. Bill History: 04-21-21 H Filed 10-27-21 H Final Passage (Vote: Y:199/N: 0) 11-09-21 S Meeting set for 12:00 p.m., Room 8E-A, East Wing, Senate Aging and Youth -- Senate Aging and Youth HB 1443 Hershey, Johnat PA Laboratory Advertisement Modernization Amends the Clinical Laboratory Act adding a new section allowing a certified clinical laboratory or a clinical laboratory operating under the act to directly or indirectly advertise or solicit business for diagnostic laboratory testing if the testing is ordered by a health care practitioner or another person authorized by the laws of the commonwealth, to order the test; the testing is performed by the clinical laboratory; the clinical laboratory is a covered entity or a business associate of a covered entity for the purposes with the federal Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act; and the clinical laboratory does not make a claim about the reliability and validity of the testing is inconsistent with the testing proficiency standards under the Public Health Service Act. Provides the Department of Health may prohibit the use of a clinical laboratory's advertisement or solicitation of business for diagnostic laboratory testing or ancestry testing if the department determines the diagnostic laboratory testing or ancestry testing poses a public threat; or the diagnostic laboratory or ancestry testing is not in compliance with the new section. Effective immediately. Bill History: 05-19-21 H Filed 11-08-21 H Meeting set for Off the Floor, Room 140, Main Capitol, House Appropriations -- House Appropriations HB 1561 Farry, Frank Mental Health Legislative Package confidentiality of records. Amends the Mental Health Procedures Act, in general provisions, providing definitions for business associate, covered entity, disclosure, health care operations, payment, treatment, and use. Provides for disclosure to a covered entity or a covered entity's business associate that makes the use, disclosure or request pursuant to subsections relating to privacy of individually identifiable health information for the purpose of treatment, payment or health care operations. Brings the commonwealth into alignment with federal confidentiality laws. Effective immediately. (Prior Printer's Number: 1693) Bill History: 06-04-21 H Filed 11-08-21 H Set on the House Calendar HB 1563 Cutler, Bryan Mental Health Legislative Package confidentiality of records. Amends the Pennsylvania Drug and Alcohol Abuse Control Act providing for the terms business associate, covered entity, disclosure, federally assisted, health care operations, payment, program, treatment, and use; and providing that all patient records prepared or obtained pursuant to the act may not be disclosed without the patient's consent. Adds exceptions for disclosure to a covered entity or a covered entity's business associate that makes the use, disclosure or request pursuant to subsections relating to privacy of individually identifiable health information. Effective immediately. (Prior Printer's Number: 1695) Bill History: 06-04-21 H Filed 11-08-21 H Set on the House Calendar HB 1893 Staats, Craig Transparency Update to the Disease Prevention and Control Act of 1955 Amends the Disease Prevention and Control Law providing reports of diseases and any records maintained in consequence of this act are subject to the Right-to-Know Law. Effective in 60 days. Bill History: 09-21-21 H Filed 10-04-21 H Final Passage (Vote: Y:113/N: 87) 11-04-21 S Discussed during public hearing., House State Government -- House State Government SB 225 Phillips-Hill, Prior Authorization of Medical Services in Pennsylvania Amends the Insurance Company Law by providing for responsibilities of managed care plans and amending section 2111 by adding language requiring the plans to make updates of its enrollment eligibility information within 30 days of receiving updated enrollment information and to establish rules pertaining to the timely filing of health care provider claims that require a health care provider's filing duty to commence whichever occurs last: when the patient is discharged, when the patient presents complete and accurate insurance information, or when authorization or approval is confirmed by the medical care plan. Adds sections providing for preauthorization standards and for preauthorization costs. Also adds a new subsection to section 2117 relating to continuity of care. Further provides for step therapy protocols, required disclosure, operational standards, preauthorization and adverse determinations, appeals, access requirements in service areas, uniform preauthorization form, preauthorization exemptions, and data collection and reporting. Effective in 60 days. 11-08-21 S Set on the Senate Calendar SB 397 Pittman, Joe Physician Assistants Modernization of Practice Amends the Osteopathic Medical Practice Act by increasing the membership of the State Board of Osteopathic Medicine by two members, including one doctor and one physician assistant. Provides a permanent seat on the board for a physician assistant. Allows a physician assistant to provide medical services in accordance with the written agreement. Also allows the board to develop audit procedures to ensure supervision and scope of practice protections are maintained in a written agreement in accordance with the act. Limits the audit to 10 percent of all written agreements on an annual basis. Allows the primary supervising physician to determine countersignature requirements for the review of a physician assistant's patient records in a written agreement, except in the case of a new physician assistant, where the primary supervising physician shall countersign 100 percent of patient records within 10 days for the first 12 months of a physician assistant's practice post-graduation and after licensure criteria has been met. Increases the ratio of the number of physician assistants a physician can supervise from four to six and, in a health care facility setting, increases the ratio from four to seven. A waiver, subject to board approval, may be utilized in a health care facility to employ or supervise more physician assistants for good cause. Requires the board to promulgate rules and regulations necessary to carry out this act within 180 days and requires the abrogation of specific inconsistent board regulations. Effective in 60 days. (Prior Printer's Number: 385) Bill History: 09-27-21 H Reported as committed from House Appropriations 09-29-21 S Signed in the Senate 09-29-21 H Signed in the House 09-29-21 G In the hands of the Governor 10-07-21 G Approved by the Governor (Act: 78) 10-07-21 G Earliest effective date SB 398 Pittman, Joe Physician Assistants Modernization of Practice Amends the Medical Practice Act by increasing the membership of the State Board of Medicine by two members, including one doctor and one physician assistant. Provides a permanent seat on the board for a physician assistant. Requires the primary supervising physician to be responsible for the medical services a physician assistant renders. Allows a physician assistant to perform a medical service without the onsite presence or personal direction of the primary supervising physician and in accordance with the written agreement. Allows the primary supervising physician to determine countersignature requirements for the review of a physician assistant's patient records in a written agreement, except in the case of a new physician assistant, where the primary supervising physician shall countersign 100 percent of patient records within 10 days for the first 12 months of a physician assistant's practice post-graduation and after licensure criteria has been met. Also allows the board to develop audit procedures to ensure supervision and scope of practice protections are maintained in a written agreement in accordance with the act. Limits the audit to 10 percent of all written agreements on an annual basis. Increases the ratio of the number of physician assistants a physician can supervise from four to six and, in a health care facility setting, increases the ratio from four to seven. A waiver, subject to board approval, may be utilized in a health care facility to employ or supervise more physician assistants for good cause. Requires the board to promulgate rules and regulations necessary to carry out this act within 180 days and requires the abrogation of specific inconsistent board regulations. Effective in 60 days. (Prior Printer's Number: 386) 09-29-21 S Senate concurred in House amendments (Vote: Y: 48/N: 0) 09-29-21 S Signed in the Senate 09-29-21 H Signed in the House 09-29-21 G In the hands of the Governor 10-07-21 G Approved by the Governor (Act: 79) 10-07-21 G Earliest effective date SB 471 Mastriano, Doug Medical Freedom Act The Medical Freedom Act prohibits the state government or any political subdivision from imposing a vaccination on an individual without the individual's consent. Also prohibits an employer from taking any adverse employment action against an individual who declines a vaccination. Provides if the commonwealth or a political subdivision recommends an individual receive a vaccination, the official or entity shall provide notice that the recommendation is not mandatory in each oral or written statement made. Effective immediately. Bill History: 03-25-21 S Filed 11-08-21 S Meeting set for 12:30 p.m., Room 8E-A, East Wing, Senate Health and Human Services -- Senate Health and Human Services SB 705 Vogel, Jr., Eld Telemedicine Bill History: 06-23-21 S Meeting set for 10:00 a.m., Hearing Room 1, North Office Bui, Senate Banking and Insurance -- Senate Banking and Insurance 10-26-21 S Final Passage (Vote: Y: 46/N: 4) 10-27-21 H Received in the House and referred to House Insurance Education/Higher Education HB 1041 Topper, Jesse Homeschool Hybrid Educational Access Act Amends the Public School Code, in pupils and attendance, providing that beginning with the 2021-22 school year the school district of residence shall permit a child who is enrolled in a home education program to participate in any cocurricular activity that merges extracurricular activities with a required academic class, including, but not limited to, band or orchestra, and must permit a child who is enrolled in a home education program to take up to four academic courses at a time pursuant to the policies and procedures of the school district of the residence on the same basis as other students enrolled in the school district, provided that the child meets certain established criteria. Provides that beginning with the 2021-22 school year, the school district of residence shall permit a home-schooled student to participate in a career and technical education program on the same basis as other students enrolled in the school district, provided that the child meets certain established criteria. Effective immediately. (Prior Printer's Number: 1077, 1282) Bill History: 03-26-21 H Filed 11-08-21 H Meeting set for Off the Floor, Room 140, Main Capitol, House Appropriations -- House Appropriations HB 1642 White, Martina Assisting Students In Economically Disadvantaged Schools Amends the Public School Code, in educational tax credits, further providing for definitions of fiscal year and taxable year. Provides that effective July 1, 2020, a scholarship organization for economically disadvantaged schools must agree to distribute scholarships no later than February 1 of the applicable school year. Provides that business firms that intend to apply for tax credits for contributions for students attending economically disadvantaged schools shall make those contributions to scholarship organizations which shall be separately accounted for and distributed by the designated scholarship organization. Establishes that tax credits for each fiscal year shall not exceed $200,000 annually per business firm and that a business firm may receive tax credits in any fiscal year for combinations of tax credits as specified. Provides that limitations for maximum tax credits shall not apply for applications accepted from December 1 through the end of the fiscal year if all tax credits authorized under the article for contributions to scholarship organizations, opportunity scholarships organizations, or pre-kindergarten scholarship organizations have not been awarded as of November 30 of any fiscal year. Establishes that the limitations set forth shall be reinstated for all applications accepted by the department after June 30 of the fiscal year notwithstanding a temporary increase in maximum tax credits available. Provides that the total aggregate amount of tax credits approved for contributions from business firms to opportunity scholarship organizations shall not exceed $50 million. Provides for increases in the amount of the scholarship for students attending an economically disadvantaged school dependent upon the grade the student is attending. Establishes opportunity scholarships of a maximum amount of $8,500 for a student without a disability and $15,000 for a student with a disability. Provides that reporting information related to opportunity scholarships and economically disadvantaged schools shall be based upon the 2019-2020 school year for start-up fiscal year 2019-2020. Establishes reporting requirements for recipients of scholarships. Effective in 60 days. Bill History: 06-15-21 H Filed 10-05-21 H Final Passage (Vote: Y:116/N: 84) 11-08-21 S Meeting set for 12:00 p.m., Room 8E-B, East Wing, Senate Education -- Senate Education HR 108 Evans, Carol Resolution re Campus Sexual Assault Study Resolution directing the Joint State Government Commission to conduct a study on the impact of sexual harassment, sexual assault, dating violence, domestic violence and stalking on students enrolled in grades six-12 and higher education. Last Action: 10-18-21 H Press conference held SB 846 Mastriano, Doug Parental Choice Regarding Mask Mandates in School Amends the Public School Code adding a new section allowing a parent or legal guardian of a child of school age to opt out the child from wearing a face covering or mask, which the child's school imposes as a result of a recommendation or mandate from the secretary of health or a local board or department of health, that is primarily responsible for the prevention and control of communicable and non-communicable disease, including disease control in public and private schools under the Disease Prevention and Control Law of 1955. Further provides for definitions. Effective immediately. Bill History: 08-27-21 S Filed 11-08-21 S Set on the Senate Calendar Local/State Government Land Use/Real Estate HB 598 Oberlander, Don Limitations of Prescriptive Easements for Public Use Amends the act entitled "An act encouraging landowners to make land and water areas available to the public for recreational purposes" providing definitions for local agency and public entity, establishing that a person or entity other than a public entity may not make a claim for a prescriptive easement for the benefit of the public, and providing that the Department of Conservation and Natural Resources would be substituted for the private entity trying to claim the public easement in existing litigation. Effective immediately. Bill History: 10-04-21 H First consideration 10-26-21 H Final Passage (Vote: Y:111/N: 87) 10-26-21 S Received in the Senate and referred to Senate Environmental Resources and Energy HB 1588 Mercuri, Robert (F) REMOTE MORTGAGE BANKING Amends Title 7 (Banks and Banking), in mortgage loan industry licensing and consumer protection, establishing remote mortgage banking. Removes provisions related to mortgage loan correspondent license and provides that regulations promulgated shall not apply to a reverse mortgage or timeshare or person excepted from licensure. Provides for a 15 percent licensing fee increase only if the total number of branch licenses decreases more than 20 percent. The sections related to the amendment or addition of the definitions of branch, remote location, and wholesale table funder shall take effect immediately, and the remainder of the act shall take effect in 60 days. (Prior Printer's Number: 1742, 1821) Bill History: 06-09-21 H Filed 11-08-21 S Set on the Senate Calendar HB 1849 Polinchock, Tod Real Estate Distance Education waiver Amends the Real Estate Licensing and Registration Act to further provide definitions, updating powers and duties of the State Real Estate Commission, and provide for continuing education. This legislation amends Section 201 to provide for distance education and Section 404.1(a) to provide that the commission shall not consider real estate instruction delivered in an instructor-led synchronous format as distance education. Provides the commission shall regulate real estate instructions delivered in an instructor-led synchronous format in the same manner as live, in-person real estate instruction. Effective immediately. 10-18-21 S Rereferred to Senate Appropriations SB 157 Mensch, Bob First-time Homebuyers Savings Accounts 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. Bill History: 04-28-21 S First consideration 10-19-21 S Final Passage (Vote: Y: 46/N: 3) 10-21-21 H Received in the House and referred to House Urban Affairs SB 763 Argall, David Funding Pennsylvania's Low-Income Housing Tax Credit Program Amends the Tax Reform Cade, in Pennsylvania Housing Tax Credit, further providing that the agency may award a total of $10 million in tax credits under the provisions of the Pennsylvania Housing Tax Credit per fiscal year. Provides that the agency may award unallocated tax credits from the preceding fiscal year and that no taxpayer may be awarded a tax credit exceeding $1.5 million for a qualified low-income housing project. Establishes annual reporting requirements with deadlines of June 30, 2022, and each June 30 thereafter and the information to be included in the reports. Effective immediately. Bill History: 06-16-21 S Reported as committed from Senate Urban Affairs and Housing 06-23-21 S Rereferred to Senate Appropriations SB 807 Ward, Judy (F) Amends Title 57 re notary requirements Amends Title 57 (Notaries Public), in revised uniform law on notarial acts, providing that the office of the recorder of deeds may electronically transfer a copy of the official signature of the notary public to the prothonotary's office of the county where the notary public maintains an office on the same day that an official signature is registered. In lieu of an electronic transfer, a hard copy of the official signature shall be provided to the prothonotary's office. Effective in 60 days. Bill History: 07-07-21 S Filed 11-09-21 S Meeting set for 10:00 a.m., Room 8E-A, East Wing, Senate State Government -- Senate State Government HR 69 Gaydos, Valerie CIOC Study Resolution Resolution directing the Joint State Government Commission to conduct a study on the impact of common interest ownership communities on local governments and the Commonwealth, the challenges facing residents and governing bodies, and opportunities to assist local governments. Bill History: 03-02-21 H Filed 10-04-21 H Adopted (Vote: Y:200/N: 0)
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