HB 2101 Passes House Unanimously, Geo Board Re-established

After more than a year and a half of intense negotiations with various interested parties, HB 2101, which updates the Engineer, Land Surveyor and Geologist Registration Law, defining the scopes of practice for professional engineers and professional land surveyors, has finally passed the House. The bill received its final reading on the House floor on June 9, and passed unanimously. The bill now moves to the Senate, where it awaits consideration in the Consumer Protection & Professional Licensure Committee. Members should now contact their Senators in support of the legislation. As we reported last month, there is still time to get the bill through the Senate and to the Governor before the end of the session.

Also, legislation was passed to continue the existence of the State Geospatial Coordinating Board. Members will recall the effort several years ago to enshrine a voting seat for a Surveyor. That seat is maintained in HB 2418, which was signed into law by Governor Wolf on June 30, now Act # 37. The Board was slated to “Sunset” at the end of June. Another bill, SB 1027 that was intended to continue the Board, but was amended to contain a number of other unrelated issues that the governor opposed was vetoed by Gov. Wolf, so the Geo Board provisions were included in HB 2418 in the Senate, and agreed in the House, which the Governor then signed just as the Board was about to expire. PSLS worked closely with the Board in developing the language contained in HB 2101, and looks forward to continuing the Board’s work in the future.

House Elects New Leadership

Rep. Bryan Cutler (R-Lancaster) was elected speaker of the House for the remainder of the 2019-20 legislative session on June 22. Cutler was first sworn in to represent the 100th District in Lancaster County in 2007, making his 13 years of service before election to the speaker’s chair the shortest tenure since 1967. He replaces recently retired Speaker Mike Turzai of Allegheny County. Cutler previously served as House majority leader and majority whip.

With Cutler vacating his position of majority leader, members of the House Republican Caucus voted to make additional changes to their leadership team. Rep. Kerry Benninghoff (R-Centre/Mifflin) was selected to serve as the next majority leader; Rep. Donna Oberlander (R-Clarion/Armstrong/Forest) was selected to serve as majority whip; and Rep. Martin Causer (R-Cameron/McKean/Potter) was selected as majority Policy Committee chairman.

The remaining members of the leadership team stay the same. Appropriations Committee Chairman Stan Saylor (R-York) retains his position, as does Caucus Chair Marcy Toepel (R-Montgomery), Caucus Secretary Mike Reese (R-Westmoreland/Somerset) and Caucus Administrator Kurt Masser (R-Northumberland/Columbia/Montour).

Legislation Moves to Reform Licensing Laws for Citizens with Criminal Records

This month, the Pennsylvania General Assembly passed legislation helping incarcerated citizens with criminal records find sustainable employment and long-term success. As the criminal justice system faces intense scrutiny, this is an encouraging and commonsense step toward a more equitable commonwealth. Senate Bill 637 , cosponsored by Sens. John DiSanto (R-Dauphin) and Judy Schwank D-Berks) was amended to include reforms that remove professional licensing employment barriers for the roughly 3 million Pennsylvanians with criminal records. The full House then passed the bill, and the Senate approved the new language. It is now on the Governor’s desk awaiting signature, which is expected.

Currently, returning citizens can be disqualified from earning licenses in specific occupations, even if their original charge had no relation to the license—or even if they were trained in the profession while incarcerated.

The obstacles that many Pennsylvanians face are many: imagine taking out loans, earning a degree, and applying for a cosmetology license as the last step to opening a salon, only to be denied a license for a misunderstanding with police seven years earlier. Such broad licensing rules are not only ineffective, but they disproportionately harm economically disadvantaged citizens and protect industry special interests without making those industries any safer. To address these burdens, SB 637:

• Creates clear, accessible standards and best practices for boards when considering applicants with criminal records. Currently, boards have no list of exclusionary crimes or regulations on the use of criminal records.
• Provides individualized consideration of applicants. Automatic bans on licensure would be limited to sex crimes, serious crimes of violence, or drug trafficking offenses.
• Limits licensing boards to only consider criminal conduct directly related to the occupation. Under current law, license applicants can be rejected for crimes which have nothing to do with the practice of the profession and do not reasonably impact consumer safety.
• Removes vague licensing law language and limits license denial for those with felony convictions showing substantial risk. Some licensing laws permit license denial for opaque phrases such as “moral turpitude” and “good moral character” and for any felony, no matter how old or unrelated.
• Allows people to receive preliminary licensing decisions. If their records preclude a license, applicants would know immediately before wasting time and money on training.
• Grants restricted licenses to people trained in state correctional institutions. Individuals can work under supervision for one to two years to demonstrate suitability for the job if trained at taxpayer expense, even when they would otherwise be denied due to their records.
• Grants licensure by endorsement. If someone possesses a license from a state with substantially equivalent requirements and demonstrates competence and experience, the board can grant a license without undergoing the full Pennsylvania certification process.

Professional licensing increasingly faces criticism across the political aisle for excessive regulations that unnecessarily deny people an opportunity to work. Even the state Supreme Court recently ruled licensing boards unfairly burdened citizens. By sending this bill to the governor’s desk, lawmakers have taken a great step to ensure such laws do not stand in the way of the most at-risk populations—those who need employment to remain crime-free and out of prison.

State System of Higher Education Reforms Pass but No Changes to Procurement

For the last few months, we have been in a fight to fend off changes to the way the PA State System of Higher Education (PASSHE) handles its design and construction contracts.  Traditionally, PASSHE is bound by the same laws as the PA Department of General Services.  The 14 universities that make up PASSHE are required to conform to the Separations Act, Prevailing Wage and other bidding laws.  House Bill 2172 included language that raised serious questions about how PASSHE might skirt other bidding requirements not specifically cited by creating a category of funds called “not state appropriated”. Those funds could be used as if the projects were totally private in nature.  The bill was amended substantially in the House to remove those references, but the amendments did not allay all of the concerns with the bill.

Ultimately, House Bill 2172 did not pass the House.  Instead, a sister bill, House Bill 2171, passed both the House and Senate and is on the Governor’s desk.  That legislation does not change the rules governing facilities in any way.  It deals with granting PASHEE flexibility on matters not impacting construction or our members.  The Governor is expected to sign the bill.

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.

Bidding / Contracting

HB 2352  RE: Commonwealth Fraud Prevention Act (by Rep. Seth Grove, et al)

Provides that a person who commits fraudulent acts under the section shall be liable to the commonwealth for three times the amount of damages that the commonwealth sustains because of the act of that person, plus subject to a civil penalty of $8,000 for each violation. Further provides that the attorney general shall have authority to investigate a violation and the attorney general may bring a civil action against a person violating the act.

Reported as amended from House Human Services Committee, read first time, and rereferred to House Rules Committee, 6/9/2020

HB 2353  RE: State Improper Payment Act (by Rep. Valerie Gaydos, et al)

Amends Title 71 (State Government) adding language requiring a commonwealth agency, no less than once every two years, to conduct an assessment of improper payments. Requires each agency to review their programs and expenditures and assess whether they are highly, moderately or unlikely to be susceptible to an improper payment. Requires this assessment to be sent to the governor, the Budget Office, the Independent Fiscal Office, the state inspector general, and the members of the General Assembly. Also requires the inspector general to establish a schedule to review at least one agency during each calendar year beginning in 2021. The inspector general shall examine the agency’s programs and activities susceptible to improper payments, the number of the agency’s improper payments, and the total amount of federal or state funds that were expended through improper payments. Provides if the agency has an improper rate which exceeds 3 percent, the agency is required to adopt a corrective action plan to reduce its improper payment rate by 50 percent since the initial review. Requires the Legislative Budget and Finance Committee to perform an audit on a commonwealth agency no later than five years after the inspector general has completed its review of the commonwealth agency.

Reported as amended from House State Government Committee, read first time, and rereferred to House Rules Committee, 6/9/2020

Reported as committed from House Rules Committee, amended on the House floor, read second time, and rereferred to House Appropriations Committee, 6/23/2020
Re-reported as committed from House Appropriations, read third time, and passed House, 6/24/2020 (201-0)

Received in the Senate and referred to Senate State Government Committee, 6/30/2020

HB 2354  RE: Do-Not-Pay Initiative (by Rep. Clint Owlett, et al)

Amends Title 71 (State Government) adding language establishing the Do-Not-Pay Initiative in the Department of the Treasury for the purpose of monitoring improper payments across commonwealth agencies. Requires the governor’s Budget Office to assist the department in the operation of the initiative and ensure the department has the necessary information from each commonwealth agency. Requires the initiative to provide a searchable database of recipients that are not eligible to receive payment from the commonwealth and requires an agency to utilize the database in order to determine eligibility for the awarding and disbursement of payments. Further provides for information sharing, prohibition, award and payment, procedural review, and database review.

Reported as amended from House State Government Committee, read first time, and rereferred to House Rules Committee, 6/9/2020

Reported as committed from House Rules Committee, amended on the House floor, read second time, and rereferred to House Appropriations Committee, 6/23/2020
Re-reported as committed from House Appropriations, read third time, and passed House, 6/24/2020 (201-0)

Received in the Senate and referred to Senate State Government Committee, 6/30/2020

 

Budget Related Bills

SB 960 RE: Redevelopment Assistance Capital Program (RACP) Limits (by Sen. Vincent Hughes, et al)

Amends the Capital Facilities Debt Enabling Act, in capital facilities, removing the limit on the amount of money from the Redevelopment Assistance Capital Program (RACP) to fund certain housing projects. Provides a minimum of 10 percent must be awarded for housing projects and a minimum of 10 percent of funds in each round of awards must be awarded to housing projects. Defines “housing” to include rental housing and “housing project” to be a construction improvement or renovation project of affordable housing, veterans housing, domestic violence housing and accessible housing.

Re-reported on concurrence as amended from Senate Rules and Executive Nominations Committee, and Senate Concurred in House Amendments, as further amended, 6/8/2020
Received as amended in House and rereferred to House Rules Committee, 6/9/2020

Re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments to House amendments, 6/10/2020
Signed in the House, 6/10/2020
Signed in the Senate, 6/22/2020
In the hands of the Governor, 6/23/2020. Last day for Governor’s action, 7/2/2020 

 

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.

Read second time, and re-referred to House Appropriations Committee, 6/9/2020
Reported as committed from House Appropriations, read third time, and passed House, 6/10/2020 (202-0)
Received in the Senate and referred to Senate Community, Economic & Recreational Development Committee, 6/22/2020

HB 2437  RE: Emergency Declaration Data Transparency Act (by Rep. Todd Stephens, et al)

Provides reporting requirements for a health care facility relating to COVID-19 and for the Department of Health and the Department of Human Services to create a survey to collect information on infection control and isolation protocols implemented at the facility. A facility shall use the electronic system to report to the Department of Health or the Department of Human Services, whichever licenses the facility, the number and results of recipients and employees who have been tested for COVID-19, the number of COVID-19-related deaths among recipients and employees, the total number of recipients who reside in the facility, and the total number of employees who are employed by the facility. Data collected in each survey shall be published on the Department of Health’s website. This act shall expire upon termination of the declaration of disaster emergency issued by the governor on March 6, 2020, by executive order, proclamation or operation of law.

Amended on House floor, read second time, and rereferred to House Appropriations Committee, 6/9/2020

Reported as committed from House Appropriations, read third time, and passed House, 6/10/2020 (202-0)
Received in the Senate and referred to Senate Health and Human Services Committee, 6/17/2020

SB 1194  RE: COVID-19 Exposure Liability Act (by Sen. Patrick Stefano, et al)

Provides a person that attempts, in good faith, to adhere to the COVID-19 emergency declaration, the governor’s business closure order or any other executive order related to COVID-19, or any guidance issued by the Department of Health or the Secretary of Health related to COVID-19 shall not be liable for damages, injury or death resulting from or related to actual or alleged exposure to COVID-19 in the course of or through the performance or provision of business services absent clear and convincing evidence of gross negligence. Further provides for limitation of time; construction; and expiration.

Introduced and referred to Senate Judiciary Committee, 6/16/2020

 

Environmental Building Standards

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.

Approved by the Governor, 6/5/2020 Act No. 34 of 2020

 

Local/State Government/Regulations

HB 1292  RE: Updating The Validation of Recorded Documents (by Rep. Carl Metzgar, et al)

Amends an act entitled “An act to validate conveyances & other instruments which have been defectively acknowledged,” validating acknowledgements for deeds and mortgages which are dated after 2013 and prior to 2018.

Removed from the table, and laid on the table, 6/23/2020

HB 1564  RE: The Real Assessment Value of Manufactured Homes (by Rep. Joe Emrick, et al)

Amends Title 53 (Municipalities Generally), in consolidated county assessment, providing definitions of “manufactured home and mobile home,” replaces references to “house trailers” with “manufactured homes,” and provides optional guidelines for assessing value of a mobile or manufactured home. Removes sections of the bill that address notarization and remote municipal meetings held during a disaster declaration. Provides a two week extension to the appeals process for counties undergoing a court-ordered reassessment during a year with a disaster declaration, and extends mandatory training deadlines in years with disaster declarations for members of assessment, appeals, revisions, and auxiliary appeals boards.

Reported as amended from Senate Local Government Committee, read first time, 6/8/2020

Read second time and Rereferred to Senate Appropriations Committee, 6/9/2020
Reported as committed from Senate Appropriations, read third time, and passed Senate, 6/23/2020 (49-0)
Received as amended in House and rereferred  to House Rules Committee, Re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 6/24/2020  (201-0)
Approved by the Governor, 7/1/2020 (Act No. 46 of 2020) 

HB 2073  RE: First Class Township Code Recodification (by Rep. Dan Moul, et al)

Amends the First Class Township Code, in preliminary provisions, modernizing and recodifying numerous provisions. Among numerous changes to the First Class Township Code, the legislation replaces obsolete provisions; incorporates language to reflect current case law and current practices, standards and requirements; replaces and updates certain language, including language in conflict with other statutes; consolidates common subject; and provides language included in previous recodifications, including Act 43 of 2012 (Borough Code), Act 22 of 2014 (Third Class City Code) and Act 60 of 1995 (the Second Class Township Code, reenacted). This legislation may be referred to as the First Class Township Code recodification bill.

Reported as committed from Senate Local Government Committee, and read first time, 6/8/2020

Read second time, and rereferred to Senate Appropriations Committee, 6/9/2020

HB 2418  RE: Geospatial Coordinating Board Reauthorization (by Rep. Tim O’Neal, et al)

Amends the Administrative Code, in organization of departmental administrative boards and commissions and of advisory boards and commissions, extending the sunset date for the Geospatial Coordinating Board by four years and making technical changes; and providing the Treasury Department shall identify and review outstanding debt obligations and submit a report to the General Assembly by October 30, 2020. Provides agencies shall be required to submit information to the Treasury Department within 30 days.

Reported as amended from Senate Finance Committee, and read first time, 6/8/2020

Read second time and rereferred to Senate Appropriations Committee, 6/9/2020

Reported as committed from Senate Appropriations Committee, 6/22/2020

Amended on Senate floor, 6/23/2020

Read third time and passed Senate, 6/24/2020 (50-0)
Received as amended in House and rereferred House Rules Committee, re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 6/24/2020 (201-0)
Approved by the Governor, 6/30/2020 Act No. 37 of 2020

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. NOTE: Wolf Administration opposes this bill.

Vetoed by the Governor, 5/29/2020 Veto #8

SB 251  RE: Independent Office of the Repealer (by Sen. Kristin Phillips-Hill, et al)

Amends the Regulatory Review Act further providing for definitions and for existing regulations; and establishing the Independent Office of the Repealer within the Independent Regulatory Review Commission and providing for its power and duties. The office shall have the following powers and duties: (1) adopt logical, quantitative and qualitative rules to determine whether an existing statute or regulation of the commonwealth is unreasonable, unduly burdensome, detrimental to economic well-being, duplicative, onerous, defective or in conflict with another statute or regulation, or defying a common sense approach to government; (2) perform a systematic review of existing statutes and regulations of this commonwealth in accordance with the rules adopted for review; (3) identify existing statutes and regulations that may be appropriate for legislative and executive agency modification, revision or repeal; (4) establish as soon as practical a system with a website; (5) determine and implement internal policies, standards and procedures as may be necessary for the orderly and efficient execution of the mission of the office; (6) implement a tracking system to follow all submissions and actions taken on a recommendation made by the director which includes progress of modification, revision or repeal; and (7) report annually to the governor and General Assembly. The act shall expire June 30, 2025, and is effective immediately.

Reported as committed from Senate Inter-Governmental Operations Committee, read first time, 6/10/2020

Read second time, and rereferred to Senate Appropriations Committee, 6/29/2020

 

SB 252  RE: Permit Administration Act (by Sen. Kristin Phillips-Hill, et al)

Provides for the administration of permits by state agencies, for a tracking system for permit applications, for the establishment of permit programs, for third-party review of permit decision delays and for annual reports. The bill requires state agencies to review their permit decisions and permit decision delays during the immediately preceding calendar year and submit a report of findings to the General Assembly. Further, a state agency shall establish, maintain and make available a secure tracking system for applicants to track the status of applications on the state agency’s website.

Reported as committed from Senate Inter-Governmental Operations Committee, read first time, 6/10/2020

Read second time, and rereferred to Senate Appropriations Committee, 6/29/2020

 

Permitting

HB 99  RE: Pennsylvania Permit Tracking and Notification Law (by Rep. Dave Zimmerman, et al)

Imposes a duty on the Department of Environmental Protection to maintain a system for applicants to track the status of certain permit applications; and provides for permit notifications.

Removed from the table and laid on the table, 6/24/2020

 

Professional Licensure

HB 21  RE: Licensure of Home Inspectors (by Rep. Susan Helm, et al)

Amends the Real Estate Appraisers Certification Act providing for the licensure of home inspectors and making a related repeal. Changes to the composition of the State Board of Certified Real Estate Appraisers and the promulgation of regulations are effective immediately and the remainder of the legislation shall take effect in two years.

Reported as amended from Senate Consumer Protection & Prof. Licensure Committee, and read first time, 6/9/2020

Read second time, and rereferred to Senate Appropriations Committee, 6/10/10/2020

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.

Reported as committed from House Appropriations Committee, read third time, and passed House, 6/9/2020 (202-0)
Received in the Senate and referred to Senate Consumer Protection & Prof. Licensure Committee, 6/17/2020

SB 637  RE: Occupational Licensure Reform (by Sen. John DiSanto, et al)

Amends Titles 18 (Crimes and Offenses) and 63 (Professions and Occupations (State Licensed)), in criminal history record information, providing additional provisions for a licensing board or licensing commission for use of records by licensing agencies; establishing investigatory subpoena power for disciplinary matters before a licensing board or licensing commission for the purpose of investigating alleged violations of the disciplinary provisions administered by a licensing board or licensing commission along with reporting requirements of sanctions and criminal proceedings and provisions regarding hearing examiners, suspension, additional powers of the commissioner of the Bureau of Professional And Occupational Affairs, civil penalties, confidentiality, restricted licenses, consideration of criminal convictions, juvenile adjudications, preliminary determinations by licensing boards and commissions, best practices guide and a list of criminal offenses; consolidating the provisions of Act 48 of 1993; and making a related repeal.

Reported as amended from House Judiciary Committee, read first time, and laid on the table, 6/15/2020

Removed from the table, 6/22/2020

Amended on House floor, read second time, and rereferred to House Appropriations Committee, 6/23/2020

Reported as committed from House Appropriations, read third time, and passed House, 6/24/2020 (201-0)
Received as amended in Senate and rereferred to Senate Rules and Executive Nominations Committee, re-reported on concurrence as committed from Senate Rules and Executive Nominations, and Senate concurred in House amendments, 6/24/2020 (50-0)

Signed in the House, 6/24/2020
Signed in the Senate, 6/29/2020
Approved by the Governor, 7/1/2020. Act 53 of 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

July 7, 8
September       15, 16, 17, 29, 30
October           1, 5, 6, 7, 19, 20, 21
November       10

 

UPDATED 2020 SENATE SESSION SCHEDULE

The Senate is in recess until called by the President Pro Tempore

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. 3^rd Street, Harrisburg, PA, at 9:30 a.m.

Remaining 2020 Meeting Dates (Subject to change): July 8, September 16, November 12

 

State Geospatial Coordinating Board

NEW Location: 1 Technology Park, Commonwealth Technology Center (CTC), Harrisburg, PA 17110 • 2020

1:30 PM – 3:00 PM

Remaining 2020 Board Meetings: TBA