No Final Action on HB 1106
The clock has run out on the 2017-18 legislative session, without Senate action on HB 1106, the updates to the Registration law. The House and Senate will convene for perhaps one day each in November, for what is traditionally non-voting sessions, other than to elect temporary leaders to preside between the constitutional end of session on November 30 and the convening of the 2019-20 session in January, and to hold closed-door caucus elections for their respective leaders for next session. It is anticipated that no more votes on bills will be held during those days.
A new bill, reflecting the compromises reached with various parties during this past session, will be reintroduced early in 2019. Thanks to all who contacted their Senators in support of this legislation this year. Those contacts will provide the backbone for our continued efforts in the new, two-year session that begins in January.
“Blue Wave” Hits PA Mostly in the Southeast; Wolf and Casey Re-elected Easily
Although many political pundits predicted a Trump-inspired “blue wave” of Democrats overwhelming Congress and state legislators across the country, the actual results nationwide were not as dramatic as expected on November 6. The Democrats did indeed regain control of the US House of Representatives, but not by the margins that have been customarily seen in “mid-term” elections after a new president is elected. The parties of Clinton, Bush and Obama all lost more seats than the Republicans did this year, and they actually ADDED to their majority in the US Senate, giving President Trump even more of an advantage should another Supreme Court seat come open.
In Pennsylvania, Democrats did make inroads in reducing their deficits in both the state House and Senate, with nearly all of those seat switches coming in the “collar counties” surrounding Philadelphia. Hardest hit were the Chester and Delaware County Republican delegations, where Republican Reps. Becky Corbin (155th – Chester); Warren Kampf (157th – Chester), Eric Roe (158th- Chester) Duane Milne (167th -Chester), and Jamie Santora – 163rd (Delaware); Alex Charlton – 165th (Delaware) and Sen. Tom McGarrigle (26th -Delaware) all were defeated. Over in Montgomery, Reps. Kate Harper (61st) and Tom Quigley (146th) also lost their seats, and Democrats flipped long-held Republican Senate seats in Montgomery and Bucks Counties.
The GOP entered election night with a commanding 121-79 majority in the House, with three vacancies in Democratic seats, while Senate Republicans looked to defend their 34-16 cushion. While a couple of House election results are still being determined, it appears the ratio will be 110-91, plus the seat currently by Democrat State Rep. Vanessa Lowery-Brown who won re-election, but will be sentenced November 28 for her bribery conviction, and the seat of the late Rep. Syd Michaels Kavulich, who won re-election just weeks after his passing. The GOP was successful in knocking off just two Democratic incumbents, Bryan Barbin (71st-Cambria) and Helen Tai (178th –Bucks). A third seat, the 49th (Fayette/Washington), currently held by GOP State Rep. Bud Cook, is also the subject of ballot challenges.
Pending the outcome of some contested close races, including the 6th Senate district in Bucks County, where long-time incumbent Republican Sen. Tommy Tomlinson appears to have squeaked out a 100-vote victory over Democrat State Rep. Tina Davis, the Senate will swear in 28 Republicans and 21 Democrats, and newly elected Lt. Gov. John Fetterman will call a Special Election to fill a vacancy created in the 37th district by the resignation of Republican Sen. Guy Reschenthaler, who was elected to Congress on election night. Davis, who also easily won re-election to her own House seat, was calling for a recount at this writing. In the 10th Senate district, Democrat Steve Santarsiero beat State Rep. Marguerite Quinn, flipping the Bucks County seat, and Democrat Maria Collett won a victory over Stewart Greenleaf Jr. to capture the 12th district Montgomery/Bucks seat held since 1977 by Greenleaf’s father. The most unexpected upset occurred in the 44th (Montgomery/Chester), where first-time candidate Katie Muth unseated Republican Sen. John Rafferty, who had served the district since 2003. Over in the Pittsburgh suburbs, Democrat Lindsey Williams beat Republican Jeremy Shaeffer, who had upset incumbent Sen. Randy Vulakovich in the 38th to pick up another seat for the Dems.
It remains to be seen how these smaller majorities, and a Governor entering his second and final term, will affect the flow and nature of legislation in the new session.
Statewide, the races for Governor and US Senate came in pretty much as expected. Governor Tom Wolf easily won a second term, defeating Republican Scott Wagner by a 58%-41% margin after a blistering campaign, mostly on the part of the challenger. Wolf will be joined by a new Lieutenant Governor as he enters his new term, as the aforementioned John Fetterman takes over for current Lt. Governor Mike Stack, whom Fetterman defeated in the May primary.
PA’s Senior Senator, Bob Casey, Jr. also easily defeated his opponent for U.S. Senate, Congressman Lou Barletta, by a roughly 55%-42% margin, to earn a third term.
In Congress, Republicans went in with a 13-5 advantage in the PA delegation, but a combination of newly drawn Congressional maps and backlash against the President resulted in the Democrats winning the new 4th, 5th, 6th, 7th and 17th Congressional Districts, while the GOP won the new 14th. The PA Congressional delegation will now be split 9-9, including a historic four women.
L&I Updates UCC Regarding Fire and Smoke in Elevator Lobbies
The Department of Labor and Industry provided updated rulemaking regarding fire and smoke protection for elevator lobbies. More information regarding this rulemaking can be viewed on the Pennsylvania Bulletin.
https://www.pabulletin.com/secure/data/vol48/48-44/1700.html
The proposed rulemaking will be considered by the Independent Regulatory Review Commission at its December 6 meeting.
Legislative Activity
The following bills of interest to PSPE have been introduced and/or acted upon in the past month.
Budget Related Bills
HB 2638 RE: Military Installation Remediation Fund (by Rep. Todd Stephens, et al)
Amends the Transit Revitalization Investment District Act adding a new chapter establishing a remediation program and creates a funding mechanism that redirects state and local tax revenues associated with the rehabilitation and redevelopment of certain former military installations affected by pollution and which are located within a qualified municipality. Provides definitions of “qualified authority,” “qualified former military installation” and “qualified municipality”. Further provides that remediation project costs that qualify for funding include the cost or remediation relating to perfluorated compounds present in drinking water related to the presence of a qualified military installation and the transportation infrastructure and economic costs within a qualified municipality to encourage redevelopment of the former installation. Also provides for establishment of the Military Installation Remediation Fund.
Reported as amended from House Commerce Committee, read first time, and laid on the table, 9/24/2018
Removed from the table, 9/25/2018
Amended on House floor, read second time, and rereferred to House Appropriations Committee, 10/10/2018 Reported as committed from House Appropriations Committee, read third time, and passed House, 10/11/2018 (165-10)
Received in the Senate and referred to Senate Transportation Committee, reported as amended from Senate Transportation Committee, and read first time, 10/15/2018
Read second time, rereferred to Senate Appropriations Committee, and reported as committed from Senate Appropriations Committee, 10/16/2018
Read third time, and passed Senate, 10/17/2018 (39-10)
Received as amended in House and rereferred House Rules Committee, re-reported on concurrence as committed from House Rules Committee, and House non-concurred in Senate amendments, 10/17/2018 (95-86)
Local/State Government/Regulations
HB 298 RE: Building Code Official “Trainee” Program (by Rep. Sheryl Delozier, et al)
Amends the Pennsylvania Construction Code Act, in training and certification of inspectors, further providing for training of inspectors. The bill states that the department may by regulation establish a separate trainee classification for each certification category. The trainee classification shall be considered optional for all individuals seeking certification under this act. An applicant for trainee classification shall secure the sponsorship of an individual certified in each category for which the trainee seeks certification. A trainee classification is nonrenewable and shall be limited. Individuals with trainee classifications may learn the duties of a certified individual while under the supervision of a sponsor. On-the-job training shall occur under direct supervision by the sponsor or by an individual certified in the category of work that is the subject of the training. The department may establish fees and applications and registration procedures to establish the trainee classification system. Individuals with trainee classifications shall be listed on the department’s website.
Laid on the table, 10/1/2018
HB 1469 RE: Contracting for Inspection Services (by Rep. Doyle Heffley, et al)
Amends the Pennsylvania Construction Code Act, in adoption and enforcement by municipalities, further providing for administration and enforcement. Adds language allowing a municipal code official to utilize third-party agencies to supplement the municipal code enforcement program’s plan review and inspection services in categories which its program does not possess the necessary personnel to administer. Provides for administration and enforcement by third-party agencies subject to certain requirements when a municipality opts to administer and enforce the act by retaining two or more third-party agencies the amendment of section 501(b) (3) of the act shall apply to intermunicipal agreements entered into on and after the effective date of this section. Also allows a city of the first class (Philadelphia) to designate an existing departmental board that has jurisdiction over building standard appeals to act as the board of appeals of the city of the first class.
Read second time, and rereferred to Senate Appropriations Committee, 10/1/2018
Reported as committed from Senate Appropriations Committee, 10/16/2018
Amended on Senate floor, read third time, and passed Senate, 10/17/2018 (31-18)
Received as amended in House and rereferred to House Rules Committee, 10-17-18
HB 2154 RE: Conventional Oil and Gas Wells Act (by Rep. Martin Causer, et al)
Provides for conventional wells and the development of oil, gas and coal; imposes powers and duties on the Department of Environmental Protection; and provides for preliminary provisions, for general requirements, for underground gas storage, for enforcement and remedies, for related funds, parties and activities and for miscellaneous provisions. The purposes of this act are to: (1) Permit the optimal development of the oil and gas resources of Pennsylvania consistent with the property rights of owners of the oil and gas resources and the protection of the health, safety, environment and property of the residents of this Commonwealth; (2) Protect the safety of personnel and facilities employed in the exploration, development, storage and production of natural gas or oil or the mining of coal; (3) Protect the safety and property rights of persons residing in areas where exploration, development, storage or production occurs; (4) Protect the natural resources, environmental rights, property rights and values secured by the Constitution of Pennsylvania; and (5) Provide a flexible and cost-effective way to implement and enforce the provisions of this act. Further provides the requirements of the Coal and Gas Resource Coordination Act shall apply to this act for the issuance of a permit.
Read second time, and Rereferred to Senate Appropriations Committee, 10/15/2018
Reported as committed from Senate Appropriations Committee, 10/17/2018
SB 1005 RE: County Code Recodification (by Sen. John Eichelberger, et al)
Amends the County Code making extensive revisions relating to preliminary provisions; names and corporate powers, classification of counties; fixing and relocating lines and boundaries; county officers; county commissioners and chief clerks; controller; auditors; treasurer; county solicitor; engineer; sheriff and coroner; prothonotary, clerks of court, clerk of orphan’s court, register of wills, recorder of deeds; district attorney, assistants and detectives; salaries of county officers; fees of salaried county officers, salary boards, payment of solicitors appointed by county officers; fiscal affairs; contracts and special powers and duties of counties; public health; aeronautics; grounds and buildings; eminent domain and injury to property; recreation places; bridges, viaducts and culverts and roads; providing for military and veterans affairs; and making editorial changes.
Reported as committed from House Appropriations Committee, read third time, and passed House, 10/1/2018 (183-0)
Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, 10/1/18
Re-reported on concurrence as committed from Senate Rules and Executive Nominations Committee, and Senate concurred in House amendments, 10/15/2018 (49-0)
Signed in the Senate, 10/15/2018
Signed in the House, 10/16/2018
Approved by the Governor, 10/24/2018 (Act No. 154 of 2018)
Worker’s Comp
HB 1840 RE: Physical Examination or Expert Interview (by Rep. Rob Kauffman, et al)
Amends the Workers’ Compensation Act, in liability and compensation, further providing for schedule of compensation, for computation of benefits and for physical examination or expert interview. Allows employers to request an Impairment Rating Evaluation after an employee has received total disability compensation for a period of 104 weeks. Requires the employee to submit to a medical evaluation which shall be requested by the insurer within 60 days upon the expiration of the 104 weeks to determine the degree of impairment due to compensable injury. If such determination results in an impairment rating that meets a threshold impairment rating that is equal to or greater than 35 per centum impairment, the employe shall be presumed to be totally disabled and shall continue to receive total disability compensation benefits. If the determination is less than 35 percent, the employe shall then receive partial disability benefits provided that no reduction shall be made until sixty days’ notice of modification is given. Further provides for physical examination or expert interview.
Sen. Corman motion to revert to prior printer number, PN 3802 passed, 10/16/2018
Read third time, and passed Senate, 10/17/2018 (34-15)
Signed in the House and Senate, 10/17/2018
Approved by the Governor, 10/24/2018 (Act No. 111 of 2018)
Upcoming Meetings of Interest
Some House Committee meetings and session can be viewed online at: http://www.pahousegop.com/
Senate Committee meetings and session can be streamed at: http://www.pasenategop.com/
Copies of all bills of interest can be accessed here.
