HB 2101 May Be Voted in May
As the Coronavirus pandemic response has dominated the legislative agenda and changed how bills are voted on that past two months, indications are that bills unrelated to the virus and the economic impact may start to move again in the coming weeks. One of those ripe for consideration is HB 2101, which updates the Engineer, Land Surveyor and Geologist Registration Law, further defining the scopes of practice for professional engineers and professional land surveyors. This legislation, which is the product of intense and widespread discussions between not just the professions impacted, but also many of the industries that employ them, is in position for a final House vote. Your lobbyists have recently been told that when the moratorium on non-COVIF 19 bills is lifted in the House, it will be on the list to be voted. If you have not yet contacted your Representative in support of this bill, now is the time. Please relay any responses you have received to previous contacts as well to PSLS, so we can be sure we have the support of the House to pass the bill.
PASSHE Bill Reported from Committee
A bill purported to “make needed financial and legal reforms to PASSHE,” according to the bill’s sponsor, but would upend long-established Qualifications Based Selection (QBS) for the state-owned universities, was reported from the House Education Committee on April 29. HB 2172, sponsored by Rep. Jesse Topper (R-Bedford), is part of a package of bills to help the PASSHE schools survive. Unfortunately, this legislation would allow the schools to use any selection method for design professionals deemed appropriate by the university’s governing body. It is unclear if or when the full House will take up this bill. Members should contact their local House members to oppose this bill.
Wolf Vetoes COVID-19 Response; Budget Bills Begin to Move
The running battle between the General Assembly and Governor Tom Wolf over the state’s response to the COVID-19 pandemic response continued into April, along with the stay home order, particularly in the state House. Legislators unhappy with the scope and length of the shutdown returned to session and advanced a number of bills seeking to reopen sectors of the state, but were met with stiff resistance from the Governor, who wielded his veto pen to reinforce his control of the process, as he had previously in March. This past month, SB 613 , which sought to connect the mitigation plan with standards suggested by the CDC and the U.S. Cybersecurity and Infrastructure Agency, bounced back and forth between the House and Senate before landing on the Governor’s desk, having passed each body with almost entirely all Republican votes, sure signals that the Governor was not supportive. Sure enough, Wolf promptly vetoed the bill and returned it to the Senate. A second bill, which originally provided for the long-overdue reauthorization of the PA Health Care Cost Containment Council, was amended with some relief for local governments did gain Wolf’s imprimatur. SB 841 was overwhelming passed and signed into law. But the détente ended there, as House Republican trotted out a slew of bills targeting individual professions and occupations to reopen. Those bills are listed later in this report. Although the Governor maintains his stance against legislation to reopen businesses before the evidence of the pandemic’s passing is clear, Wolf has released a plan to return to normal on a gradual, geography-based process. This month the Governor announced:
Construction – Beginning May 1, 2020, all businesses in the construction industry in the Commonwealth, including those in new construction, renovation, and repair, as well as land subdivision and design-related field activities, are permitted to maintain in-person operations pursuant to the Governor’s and Secretary of Health’s April 20, 2020 amendments to the Business Closure Orders so long as their activities strictly adhere to this guidance. Construction projects previously granted an exemption to continue in-person operations may continue operations but must adhere to this guidance.
Outdoor Activities – Starting Friday, May 1, golf courses, marinas, guided fishing trips and privately owned campgrounds may reopen statewide and are required to follow updated life-sustaining business guidance and FAQ issued by the Wolf Administration to include specifics for how these outdoor recreational industries can resume activities while prioritizing public health and safety. Campgrounds in state parks will remain closed through Thursday, May 14.
Further Reopening Measures– During a rare evening broadcast, Governor Tom Wolf announced that he would start opening up the state using a data-driven, phased approached by regions. The data is in conjunction with Carnegie Mellon and other University, which determine when a region is ready to reopen and return to work by evaluating the incidence rate of COVID-19 cases per capita. A county can make the list for consideration to open if they, on average for the past 14 days, had 50 or less new cases per 100,000 residents per day. In addition, to reopen a region, the Administration would want to ensure the following:
- Enough testing available for individuals with symptoms and target populations such as those at high risk, health care personnel, and first responders;
- Robust case investigation and contact tracing infrastructure is in place to facilitate early identification of cluster outbreaks and to issue proper isolation and quarantine orders; and
- Identification of area’s high-risk settings including correctional institutions, personal care homes, skilled nursing facilities, and other congregate care settings, and assurance that facilities have adequate safeguards in place such as staff training, employee screening, visitor procedures and screening, and adequate supplies of PPE to support continued operations.
The Phases based on this data are labeled “Red, Yellow and Green” but the Governor made clear that all counties are currently in the “red” phase. He does hope to relax restrictions on counties in the northwestern and north-central by May 1st first by allowing them to enter into his Yellow Phase. Details on requirements of each phase are on the state website.
Unemployment Compensation – The Administration announced that self-employed individuals, contractors, gig workers and others who do not traditionally qualify for Unemployment Compensation can now apply for benefits through the Pandemic Unemployment Assistance (PUA) program. Payments ranging from $195 to $572 per week will be available to qualifying individuals who are unable to work due to COVID-19. Payments will be available for up to 39 weeks and will be backdated to January 27 or the first week the individual was unable to work due to COVID-19. Claims can be filed online here. Individuals collecting PUA benefits will also be eligible for the extra $600 per week from the Federal Pandemic Unemployment Compensation program. Loan Forbearance Announced for Businesses Impacted by COVID-19
Business Loans – In order to help businesses that have been affected by the coronavirus, the Department of Community and Economic Development recently announced the forbearance of May and June payments for many loans administered by the department. Deferrals will also be requested for borrowers with the Ben Franklin Technology Development Authority, the Commonwealth Financing Authority (excluding PENNWORKS program loans), the Pennsylvania Industrial Development Authority, and the Pennsylvania Minority Business Development Authority. More details about the announcement are available here.
Budget
Finally, as the COVID-19 response struggle ensued, House and Senate leaders pushed ahead with budget bills, despite dismal reports of expected revenues for the upcoming fiscal year, with most of the tax base sitting at home for the past almost two months. Shells of spending bills we introduced and moved out of the respective Appropriations committees, these, too, over the objections of Democrats. The Republican leaders insisted these maneuvers were simply “vehicles” to get the conversations started, and bills in place to vote in the near future, so that there can be hope of a completed budget by the June 30 deadline. An awkward couple of months are upcoming, for sure.
Legislative Activity
The following bills and co-sponsorship memos for bills to be introduced of interest to PSPE were acted on by the General Assembly this past month.
Budget Related Bills
HB 2387 RE: General Appropriation Act of 2020 (by Rep. Stan Saylor, et al)
provides from the General Fund for the expenses of the Executive, Legislative And Judicial departments of the commonwealth, the public debt and the public schools for the fiscal year July 1, 2020 to June 30, 2021, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2020; provides appropriations from special funds and accounts to the Executive and Judicial Departments for the fiscal year July 1, 2020, to June 30, 2021, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2020; and provides for the appropriation of federal funds to the Executive and Judicial Departments for the fiscal year July 1, 2020, to June 30, 2021, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2020. Effective July 1, 2020, or immediately, whichever is later.
This provides a “vehicle” for the FYI 2020-21 budget. It does not reflect any negotiations between the General Assembly and the Governor. It is basically the current year’s spending plan.
Introduced and referred to committee on House Appropriations Committee, 4/6/2020
Reported as committed from House Appropriations Committee, read first time, laid on the table, and Removed from the table, 4/14/2020
Read second time, and rereferred to House Appropriations Committee, 4/20/2020
SB 1050 RE: General Appropriation Act of 2020 (by Sen. Pat Browne, et al)
Provides appropriations from the General Fund for the expenses of the executive and judicial departments, the state government support agencies and the General Assembly of the commonwealth, the public debt and the public schools for the fiscal year July 1, 2020, to June 30, 2021, for certain institutions and organizations and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2020; to provide appropriations from special funds and accounts to the executive and judicial departments for the fiscal year July 1, 2020, to June 30, 2021, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2019; to provide for the appropriation of federal funds to the executive and judicial departments for the fiscal year July 1, 2020, to June 30, 2021, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2020; and to provide for the additional appropriation of federal and state funds to the executive and judicial departments for the fiscal year July 1, 2019, to June 30, 2020, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2019. Effective July 1, 2020, or immediately, whichever is later. This provides the “vehicle” for the FYI 2020-21 budget. It does not reflect any negotiations between the General Assembly and the Governor. It is basically the current year’s spending plan.
Reported as committed from Senate Appropriations Committee, and read first time, 4/6/2020
Read second time, and rereferred to Senate Appropriations Committee, 4/7/2020
SB 1108 RE: COVID-19 Emergency Supplement to the General Appropriations Act of 2019 (by Sen. Pat Browne, et al)
Provides federal appropriations to the Executive Department for the fiscal year July 1, 2019, to June 30, 2020. Provides from the General Fund federal appropriations related to COVID-19 to the Department of Aging and Department of Military and Veterans Affairs. Effective immediately. Look for this bill to be expanded as it moves through the process, to serve as a supplemental or “stopgap” budget bill.
Introduced and referred to Senate Appropriations Committee, 4/7/2020
Reported as committed from Senate Appropriations Committee, and read first time, 4/15/2020
Read second time, and rereferred to Senate Appropriations Committee, 4/20/2020
Reported as amended from Senate Appropriations Committee, read third time, and passed Senate, 4/21/2020 (49-1)
Received in the House and referred to House Appropriations Committee, reported as committed from House Appropriations Committee, read first time, and laid on the table, 4/21/2020
Removed from the table, 4/27/2020
Read second time, and rereferred to House Appropriations Committee, 4/28/2020
COVID-19 Related Legislation
HB 2369 RE: Rapid Relief Loans (by Rep. Valerie Gaydos, et al)
Amends the Job Enhancement Act, in the Community Development Bank Grant and Loan program, providing for rapid relief loans not to exceed $75,000 and resilient recovery loans not to exceed $250,000 and establishes criteria for receiving loans. This legislation also establishes appropriations for loan amounts of $7.5 million for rapid relief loans and $2.5 million for resilient recovery loans. Effective immediately.
Reported as amended from House Commerce Committee, read first time, and laid on the table, 4/21/2020
Removed from the table, 4/27/2020
Cutler motion to rerefer HB 2369 to the House Finance Committee passed, and so rereferred, 4/28/2020
HB 2386 RE: COVID-19 Disaster Emergency Business Interruption Grant Act (by Rep. Tom Mehaffie, et al)
Provides for COVID-19 disaster emergency business interruption grants. This legislation provides grant eligibility requirements, grant amounts, application procedures, conditions, and for rules and regulations to be established by the Department of Community and Economic Development. Effective immediately.
Introduced and referred to House Commerce Committee, 4/6/2020
Reported as amended from House Commerce Committee, read first time, and laid on the table, 4/21/2020
Removed from the table, 4/27/2020
Cutler motion to rerefer HB 2386 to the House Finance Committee passed, and so rereferred, 4/28/2020
HB 2400 RE: Allowing Construction Activities to Continue (by Rep. Mike Turzai, et al)
Amends the Administrative Code adding a new article requiring the secretary of community and economic development to issue a waiver to the governor’s COVID-19 business closure order to all public and private construction activities that can adhere to the social distancing practices and other mitigating measures defined by the Centers for Disease Control to protect workers and to mitigate the spread of the COVID-19 virus. Effective immediately.
Introduced and referred to House State Government Committee, 4/3/2020
Reported as committed from House State Government Committee, read first time, and laid on the table, 4/6/2020
Removed from the table, 4/7/2020
Read second time, and re-referred to House Appropriations Committee, 4/14/2020
Reported as committed from House Appropriations Committee, 4/20/2020
Read third time, and passed House, 4/21/2020 (Party line: 111-91)
HB 2408 RE: CARES Act Tax Exemption (by Rep. Brandon Markosek, et al)
Amends the Fiscal Code, in emergency finance and tax provisions, providing payment received from the United States under section 2201 through the Coronavirus Aid, Relief and Economic Security Act shall not be included in income, earned income or taxable income of the individual for the 2020 tax year for the purposes of the Local Tax Enabling Act, the Tax Reform Code and the Taxpayer Relief Act. Effective immediately.
Introduced and referred to House Finance Committee, 4/14/2020
Reported as amended from House Finance Committee, read first time, and laid on the table, 4/20/2020
Removed from the table, 4/21/2020
Amended on House floor, read second time, and rereferred to House Appropriations Committee, 4/29/2020
HB 2412 RE: Allowing Real Estate Services to Continue (by Rep. Todd Polinchock, et al)
Amends the Administrative Code adding a new article requiring the secretary of community and economic development to immediately issue a waiver to the governor’s 20200319 TWW COVID-19 Business Closure Order for all real estate-related activities that can adhere to social distancing practices and other mitigation measures defined by the Centers for Disease Control and Prevention to protect workers and mitigate the spread of the COVID-19 virus. Provides provisions for legal services to be conducted in a manner consistent with the Centers for Disease Control and Prevention’s social distancing guidelines. Provides for mitigation measures for business activities. Effective immediately.
Introduced and referred to House State Government Committee, 4/16/2020
Reported as committed from House State Government Committee, read first time, and laid on the table, 4/20/2020
Removed from the table, 4/21/2020
Amended on House floor, read second time, and rereferred to House Appropriations Committee, 4/27/2020
Reported as committed from House Appropriations Committee, read third time, and passed House, 4/28/2020 (125-77)
HB 2419 RE: COVID-19 Cost and Recovery Task Force (by Rep. Seth Grove, et al)
Amends the Administrative Code providing for COVID-19 Cost and Recovery Task Force; and making an appropriation. Provides for the composition of the task force, including executive advisors and advisory committees and for the procedures of the task force. Provides for the task force’s powers and duties as it relates to the COVID-19 public health emergency. The legislation expires six months after the disaster proclamation.
Introduced and referred to House State Government Committee, 4/17/2020
Reported as committed from House State Gov Committee, read first time, and laid on the table, 4/20/2020
Removed from the table, 4/21/2020
Amended on House floor, read second time, and rereferred to House Appropriations Committee, 4/27/2020
Reported as committed from House Appropriations Committee, read third time, and passed House, 4/28/2020 (Party Line: 109-93)
SB 327 RE: COVID-19 Cost and Recovery Task Force (by Sen. David Argall, et al)
Amends the Administrative Code adding new articles providing for COVID-19 emergency statutory and regulatory suspensions and waivers reporting requirements; for COVID-19 debt cost reduction review; and the establishment of the COVID-19 Cost and Recovery Task Force. Requires the Office of the Governor to notify in writing by electronic means the Senate President Pro Tempore, the Senate majority and minority leaders, and the House majority and minority leaders no later than as provided in the legislation when a specific statute or regulation is first treated as being suspended, modified or waived under a blanket suspension, modification or waiver under the order. Provides for the content of the notification. Requires the Treasury Department, in conjunction with the secretary of the budget, the auditor general, and any chairperson of an authority, commission, agency, board or other state-authorized entity that has the power to issue debt, to identify and review all outstanding debt obligations of the commonwealth and its authorities, commissions, agencies, boards or other state-authorized entities and submit a report of the findings to the General Assembly no later than June 30, 2020. Also requires the report to identify options for the refinancing of the outstanding debt obligations to reduce the costs to the commonwealth and its authorities. Establishes the COVID-19 Cost and Recovery Task Force consisting of the governor or a designee, the Senate President Pro Tempore or a designee, the Senate majority leader or a designee, the Senate minority leader or a designee, the House Speaker or a designee, the House majority leader or a designee, the House minority leader or a designee, the Chief Justice of the Supreme Court or a designee, and a judge of the Superior or Commonwealth Court or a judge of a court of common pleas appointed by the chief justice. Also provides for executive advisors. The governor or the designee shall serve as the chairperson of the task force. Provides for participation, quorum and voting, meetings, and expenses. Requires the Office of the Governor, the Senate, the House and the Administrative Offices of the Pennsylvania Courts to provide administrative services to the task force. Further provides for the functions of the task force. The article establishing the task force shall expire six months after the disaster emergency order is terminated by executive order, proclamation or operation of law. Also adds a new section requiring the Department of General Services to conduct an annual survey of state facility usage and compile and report the survey information to the chairmen of the House and Senate State Government Committees. Adds an article providing for emergency regulatory tolling. The new section shall take effect in 180 days and the new articles shall take effect immediately.
Reported as amended from House Appropriations Committee, read third time, and passed House, 4/7/2020 (108-93)
Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, 4/7/2020 Re-reported on concurrence as amended from Senate Rules and Executive Nominations Committee, and Senate concurred on House amendments as further amended, 4/15/2020
Received as amended in House and rereferred House Rules Committee, 4/16/2020
Re-reported on concurrence as amended from House Rules Committee, and House concurred in Senate amendments to House amendments as further amended by the House, 4/21/2020
Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, 4/21/2020
SB 613 RE: COVID-19 Response (by Sen. Bob Mensch, et al)
Amends the Administrative Code reenacting provisions relating to criminal history background checks of employees and contractors with access to federal tax information. Also adds a new article requiring the governor to develop and implement a plan to mitigate the spread of COVID-19 for businesses using recommended guidance from the Centers for Disease Control and Prevention. Requires the plan to conform to the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response published by the U.S. Cybersecurity and Infrastructure Agency on March 28, 2020. The new article requiring the mitigation plan shall take effect immediately and the remainder of the bill shall take effect in 60 days.
Reported as amended from House Appropriations Committee, 4/7/2020
Amended on House floor, read third time, and passed House, 4/14/2020 (Party Line: 107-95)
Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, Re-reported on concurrence as committed from Senate Rules and Executive Nominations Committee, and Senate concurred in House amendments, 4/15/2020 (Party Line: 29-21)
Signed in the Senate, 4/15/2020
Signed in the House, 4/16/2020
Vetoed by the Governor, 4/20/2020
Bill, together with Governor’s Veto Message, laid on the table, 4/20/2020
SB 1103 RE: Back-to-Work Act (by Sen. Doug Mastriano, et al)
Provides for return to business operations under safety conditions, imposes sanctions, and provides for functions of the Department of Health and the Legislative Reference Bureau. Further provides that a closed business may resume operation by complying with all Centers for Disease Control and Prevention and Occupational Safety and Health Administration guidelines and implementing or continuing a paid sick leave policy. Effective immediately.
Introduced and referred to Senate Health and Human Services Committee, 4/6/2020
Discussed during joint public hearing – Senate Veterans Affairs & Emergency Preparedness Committee, 4/23/2020
Cosponsor memos filed
SCO1500 (Boscola) – Establishing a Commission to Study the Commonwealth’s Response to COVID-19 Establishes a Commission to study the commonwealth’s response to the COVID-19 pandemic across all agencies, branches and levels of government along with business/industry and the health care sector.
Filed, 4/7/2020
SCO1515 (Boscola) – Pennsylvania Coronavirus Relief Package Provides a Pennsylvania Coronavirus Relief Package.
Filed, 4/17/2020
SCO1524 (Boscola) – Establishing PA Small Business Guarantee Program Creating a state guarantee program to help small businesses.
Filed, 4/21/2020
Environmental Building Standards
HB 1779 RE: Groin Structures (by Rep. Parke Wentling, et al)
Amends the Dam Safety and Encroachments Act establishing the definition of groin structure as a shore structure that may affect shore erosion, wave action or inundation. The Department of Conservation and Natural Resources and the Department of Environmental Protection shall not charge a license fee for a person to construct, repair, replace, operate, maintain or remove a groin structure at the licensed premises.
Removed from the table, laid on the table, 4/27/2020
SB 1030 RE: Change to Act 537 (PA Sewage Facilities Act) (by Sen. Gene Yaw, et al)
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.
Reported as committed from Senate Appropriations Committee, 4/21/2020
Read third time, and passed Senate, 4/28/2020 (50-0)
Received in the House and referred to House Environmental Resources and Energy Committee, 4/29/2020
Liability
HB 2384 RE: Protected Business Operations during Covid-19 (by Rep. Dawn Keefer, et al)
Amends Title 42 (Judiciary), in particular rights and immunities, providing a person is immune from civil and criminal liability and the imposition of an administrative sanction for engaging in a protected business operation if they have not caused actual harm. Effective immediately.
Introduced and referred to House Judiciary Committee, 4/6/2020
Local/State Government/Regulations
HB 422 RE: Legislation to Create a 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 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.
Reported as committed from Senate Appropriations Committee, 4/28/2020
HB 1564 RE: Real Assessment Value of Manufactured Homes (by Rep. Joe Emrick, et al)
Amends Titles 42 (Judiciary), 53 (Municipalities Generally) and 57 (Notaries Public), renaming Chapter 62 of Title 42 the Uniform Unsworn Declarations Act, removing and adjusting certain definitions, and modifying applicability to declarants located within or outside the boundaries of the United States. Modifies form of unsworn declaration. Adds a section to Title 53 pertaining to other emergencies, including disaster or emergency declarations by the governor, providing for the use of telecommunications devices by members of governing bodies to conduct official affairs. Requires municipalities to allow public participation in meetings conducted by telecommunication devices to the extent possible, and lays out other requirements related to notice. Lays out guidelines for streaming or other public records, for existing or pending approvals, and for time extensions. Amends Section 1124 of Title 53 adding definitions of “manufactured home” and “mobile home,” and replaces references to “house trailers” with “manufactured homes.” Adds a subsection laying out guidelines for assessing value of a mobile or manufactured home. Adds a subsection to Section 304 of Title 57 providing that a notarial officer may certify that a tangible copy of an electronic record is a true and correct copy of the electronic record. Adds a section to Title 57 providing for remote notarial work, stipulating that a remotely-located individual may comply with Section 306 (relating to personal appearance required) by appearing before a notary public by means of communication technology. Lays out requirements for acceptable use of remote technology for notarial work. Provides that a recorder of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate.
Received in the Senate and referred to Senate Local Government Committee, 4/3/2020
HB 1874 RE: Regulation Promulgation (by Rep. Seth Grove, et al)
Amends the Regulatory Review Act by amending section 7.1 regarding classification of documents providing if a regulated entity finds that a published or unpublished document should be promulgated as a regulation, the regulated entity may present the matter to the Joint Committee on Documents to determine whether the document should be promulgated as a regulation.
Reported as amended from House State Government Committee, read first time, and laid on the table, 4/6/20
SB 1027 RE: Geospatial Coordinating Board Sunset Extension/Composition (by Sen. John Gordner, et al)
Amends the Administrative Code adding language extending the sunset date for the State Geospatial Coordinating Board from June 30, 2020, to June 30, 2024. Changes the membership of the board from elected local government officials to local government officials or employees. Adds the secretary of agriculture or a designee to the board. Also provides for the appointment of an executive director, with the approval of the governor, who shall serve at the pleasure of the board.
Reported as amended from Senate State Government Committee, and read first time, 4/6/2020
Read second time, and rereferred to Senate Appropriations Committee, 4/7/2020
Reported as committed from Senate Appropriations Committee, 4/15/2020
Read third time, and passed Senate, 4/20/2020 (50-0)
Received in the House and referred to House State Government Committee, 4/21/2020
Reported as committed from House State Government Committee and read first time, 4/27/2020
Removed from the table, 4/28/2020
Read second time, and rereferred to House Appropriations, 4/29/2020
Professional Licensure
HB 1566 RE: Advisory Opinions (by Rep. Bill Kortz, et al)
Amends the act of July 2, 1993, entitled .An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension. providing the power to issue an advisory opinion, upon request of a licensee, registrant, certificate holder or permit holder, concerning the meaning or interpretation of an act or regulation pertaining to the license, registration, certificate or permit issued by a licensing board or commission. No person who acts in good faith shall be subject to criminal or civil penalties or any disciplinary action by the licensing board or commission, provided that the material facts are as stated in the opinion request. An advisory opinion shall not be binding upon the licensing board or commission except with respect to the person to whom the opinion is rendered. Advisory opinions shall be public records and may be published.
Removed from the table, laid on the table, 4/28/2020
Removed from the table, 4/29/2020
HB 2101 RE: Registration Board Updates (by Rep. Joe Emrick, et al)
Amends the Engineer, Land Surveyor and Geologist Registration Law further providing for definitions, for continuing professional competency requirements and for exemption from licensure and registration. The bill establishes a competency requirement for the completion of distance learning courses if the course relates to professional practice, and if it is verifiable and measurable by hours of instruction. Further, the act shall not be construed to require the licensure and registration of the practice of engineering or land surveying by a regular employe or agent of an electric cooperative corporation in connection with the facilities of the electric cooperative, provided that the electric cooperative corporation or agent thereof either shall employ at least one professional engineer or professional land surveyor or belongs to a Pennsylvania electric cooperative association that employs a professional engineer or professional land surveyor. The exemption is removed for the practice of engineering, land surveying or geology by any person or by any employe of any copartnership, association or corporation upon property owned by such person or such copartnership, association or corporation, unless such practice affects the public safety or health or the property of some other person or entity. Provides an exemption for the practice of engineering, land surveying or geology work by the employees, contractors or agents of cable service, VOIP, broadband internet or other service delivered over a cable system, a provider of enhanced telecommunications system, or a provider of telecommunications services if those services are in connection with or incidental to products of, or non-engineering, land surveying or geology services rendered by the company.
On House Calendar
School Construction
HB 2172 RE: PASSHE Mandates (by Rep. Jesse Topper, et al)
Amends the Public School Code, in the State System of Higher Education, further providing sovereign immunity status and government instrumentality of Pennsylvania’s State System of Higher Education (PASSHE). Provides taxation immunity to any real property owned and titled to the system. Provides that local regulation of real property owned and titled to the system may only occur based upon a specific grant of authority to a local subdivision by the General Assembly. Provides authority to sell, transfer or dispose of real property titled to the system. Provides requirements for state-appropriated and non-state-appropriated funds. Prohibits PASSHE from indemnifying third parties. Provides for campus police to investigate record sharing. Provides that the Separations Act shall not apply to any person, entity, contract or activity provided by this legislation. The bill would allow PASSHE schools to circumvent Separations Act and perhaps Prevailing Wage though accounting gymnastics.
Reported as committed from House Education Committee, read first time, and laid on the table, 4/29/2020
SB 462 RE: Repeal of School Code Mandates (by Sen. Kristen Phillips-Hill, et al)
Amends the Public School Code repealing provisions relating to report of racial and ethnic groupings, to study of public schools that provide Internet instruction, to corporate seal, to submission of plans, to approval of plans, to disapproval of plans, to Department of Public Instruction to prepare plans, to establishment of reorganized school districts, to advance establishment, to special school watchmen-school districts in townships of the second class, to copies of school laws, to educational broadcasting, to residences for teachers and janitors, to heating stoves to be shielded, to ventilation and thermometer, to fireproof construction, to doors to open outward and fire escapes, etc., to completion of abandoned WPA projects in districts of the third and fourth class, to condition of grounds and shade trees, to summer schools, etc., to possession of telephone pagers prohibited, to nonprofit school food program, to antitruancy programs, to medical care for children under six with defective hearing, to report, to care and treatment of pupils and to local wellness policy; in terms and courses of study, repealing provisions relating to foreign language academies, to monthly reports to school directors of districts of the second, third and fourth class, to alcohol, chemical and tobacco abuse program, to Read to Succeed Program, to department duties and powers; in vocational education, repealing provisions relating to schools or classes, supervisors, principals, instructors, etc., to estimate of expenses and reimbursements, appropriations and to teachers of evening schools; repealing provisions relating to annual report, to duties of public institutions of higher education, to medical education loan assistance, to special study on the revenue impact of out-of-state tax credits.
Read third time, and passed Senate, 4/20/2020 (43-7)
Received in the House and referred to House Education Committee, 4/21/2020
Copies of all bills of interest can be accessed via the Internet at: http://www.legis.state.pa.us/cfdocs/legis/home/session.cfm
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/
UPDATED 2020 HOUSE SESSION SCHEDULE
May 4, 5, 6, 11, 12, 13, 18 (non-voting), 19 (cancelled), 20 (cancelled)
June 1, 2, 3, 8, 9, 10, 15, 16, 17, 22, 23, 24, 25, 26, 29, 30
September 15, 16, 17, 29, 30
October 1, 5, 6, 7, 19, 20, 21
November 10
UPDATED 2020 SENATE SESSION SCHEDULE
May [4, 5, 6] CANCELLED, 18, 19, 20
June 1, 2, 3, 8, 9, 10, 15, 16, 17, 22, 23, 24, 25, 26, 29, 30
The Fall Senate Schedule has not been announced
State Registration Board for Professional Engineers, Land Surveyors and Geologists Meeting Schedule
PUBLIC WELCOME
All Board meetings are held at Penn Center, 2601 N. 3rd Street, Harrisburg, PA, at 9:30 a.m.
Remaining 2020 Meeting Dates (Subject to change): May 13, July 8, September 16, November 12
