June 18, 2021

Weekly Wrap

As the June 30 budget deadline looms, the House of Representatives and Senate were in session for three days this week. The Senate got the budget process underway, as they sent a General Appropriations bill vehicle, S.B. 255 (Browne, R-Lehigh), to the House. Negotiations involving the budget and the corresponding Code bills will continue over the next week.

In non-budget news, on Monday, the House Health Committee reported out S.B. 618 (Phillips-Hill, R-York). The bill would prohibit government entities or institutions of higher education from requiring proof of vaccination against COVID-19, and prohibit the Secretary of Health from mandating those who have not been exposed or in close contact with the exposed to wear a mask, stay at home or be socially distant.

The House Veterans Affairs and Emergency Preparedness Committee reported out: H.B. 1445 (Causer, R-McKean), which would allocate $5.5 million in federal funds from the American Rescue Plan Act to the Emergency Medical Services Operating Fund; and H.B. 1577 (Mako, R-Northampton), which would limit the scope of Price Gouging Act during a declaration of disaster emergency.

Also, the Senate Finance Committee reported out four tax-related bills:

  • S.B. 347 (DiSanto, R-Dauphin), which would mirror Internal Revenue Code Section 1031 to allow for like-kind exchanges;
  • S.B. 447 (Brooks, R-Mercer), which would reduce the Corporate Net Income (CNI) tax rate by 0.5 percent every year over a period of six years until it reaches 6.99%;
  • S.B. 586 (Argall, R-Schuylkill), which would allow nonprofits to be part of a development group for a historic preservation project under the Historic Preservation Tax Credit Program; and
  • H.B. 952 (Oberlander, R-Clarion), which would provide for a sales and use tax exemption program for computer data centers.

Three bills of note passed on the House floor and will now the considered by the Senate:

  • H.B. 409 (Galloway, D-Bucks), which would establish a mental health care services clearinghouse;
  • H.B. 993 (Roae, R-Crawford), which would waive fees charged by the Department of Labor and Industry for school districts; and
  • H.B. 1420 (Thomas, R-Bucks), which would establish a public awareness campaign for individuals experiencing mental health issues related to the COVID-19 pandemic.

The Senate passed S.B. 119 (Pittman, R-Indiana), which would require approval from the General Assembly before the state could join the Regional Greenhouse Gas Initiative (RGGI) or similar state or regional greenhouse gas cap-and-trade programs. S.B. 319 (Bartolotta, R-Washington) also passed finally. The bill would amend the Workers’ Compensation Act to make clear that employers may recoup the benefits paid to an employee for medical expenses when the employee wins a verdict or settlement against a third party. Both pieces of legislation will now be considered in the House.

Tuesday, the House Aging and Older Adult Services Committee held an informational meeting on bills regarding the PACE/PACENET COLA moratorium extension and PACENET expansion.

The House Consumer Affairs Committee reported out S.B. 442 (Phillips-Hill, R-York), which would require the Department of General Services to conduct an inventory of state-owned communication towers, poles, buildings, and facilities to leverage existing assets for the provisioning of high-speed broadband internet. The committee also reported out H.B. 1621 (Marshall, R-Beaver), which would provide for small wireless facilities deployment. Wednesday, the Senate Communications and Technology Committee reported out the companion bill, S.B. 769 (Browne, R-Lehigh)

Furthermore, the House Labor and Industry Committee reported out H.B. 262 (Diamond, R-Lebanon), which would make it unlawful for employers to discharge, refuse to hire, threaten or otherwise retaliate against an employee or prospective employee that refuses to participate in an invasive medical test or vaccination required by the employer. Then the House State Government Committee reported out H.B. 1300 (Grove, R-York), which would provide for numerous changes to the Pennsylvania Election Code.

The House Commerce Committee reported out H.B. 520 (Mackenzie, R-Lehigh), which would allow charities to transfer their risk to an insurance company, which will match all future payments of the charity from a charitable gift annuity contract obligation. The companion legislation, S.B. 731 (Mensch, R-Montgomery), passed in the Senate Banking and Insurance Committee on Wednesday. H.B. 1377 (Boback, R-Luzerne), which would prohibit qualified businesses from zone-hopping from one Keystone Opportunity Zone to another and receiving multiple tax breaks, and H.B. 1588 (Mercuri, R-Allegheny), which would allow for remote mortgage origination, were also reported out of committee.

On the Senate side, the Senate Aging and Youth Committee reported out H.B. 253 (Owlett, R-Tioga), which would establish a task force to examine the opioid epidemic’s impact on infants and children. The Senate Banking and Insurance Committee reported two bills of note out of their committee: H.B. 331 (Brown, R-Luzerne), which would permit financial institutions to conduct savings promotion programs; and H.B. 859 (Delozier, R-Cumberland), which would convert the Banking Fund into a trust fund and clarify usage of the Institution Resolution Account.

The Senate Community, Economic, and Recreational Development Committee reported out S.B. 594 (Ward, R-Blair), which would establish a $200 million nonprofit economic emergency delivery system grants program for eligible community-based nonprofit organizations. S.B. 1 (Martin, R-Lancaster) was reported from the Senate Education Committee. The bill would make changes to the School Code related to charter schools and the Education Improvement Tax Credit Program (EITC) and the Opportunity Scholarship Tax Credit Program (OSTC).

Three bills were reported from the Senate Environmental Resources and Energy Committee:

  • S.B. 284 (Yaw, R-Lycoming), which would establish bonding requirements for alternative energy production projects;
  • S.B. 302 (Yaw, R-Lycoming), which would restrict per- and polyfluoroalkyl substances (PFAS) chemicals from firefighting foam; and
  • S.B. 545 (Yaw, R-Lycoming), which would direct the Environmental Quality Board to establish spill reporting requirements under the Clean Streams Law.

Also, the Senate Law and Justice Committee reported out H.B. 1024 (Schemel, R-Franklin), which would make omnibus changes to the Medical Marijuana Act. The Senate State Government Committee reported out SB 735 (Ward, R-Blair), which would amend the Pennsylvania Constitution to require voters to provide valid identification to vote in an election.

The full Senate passed S.B. 533 (Yaw, R-Lycoming), which would prohibit the consideration, adoption or publication of a regulation during a disaster emergency unless it is directly related to the disaster emergency or adhering to a statutory timeline or court order.

On the House floor, S.B. 445 (Mensch, R-Montgomery) passed finally and is awaiting the Governor’s signature. The bill would give individuals renewing their vehicle registration or driver’s license an option to donate to the Breast Cancer Coalition. H.B. 931 (Toohil, R-Luzerne), which would provide for title designation and certification of certified registered nurse anesthetists, passed finally and will now be considered by the Senate. The companion bill, S.B. 416 (Gordner, R-Columbia), passed in the Senate and will be considered by the House Professional Licensure Committee on Tuesday.

In addition, the following bills passed finally and head to the Senate for consideration:

  • H.B. 1387 (Nelson, R-Westmoreland), which would require additional documentation in order to qualify for a wage-loss benefit from the Uninsured Employer Guaranty Fund;
  • H.B. 1428 (Masser, R-Northumberland), which would permit the use of video surveillance devices in long-term care nursing facilities;
  • H.B. 1429 (Culver, R-Northumberland), which would provide for the offense of financial exploitation of an older adult or care-dependent person; and
  • H.B. 1431 (Klunk, R-Cumberland), which would provide of the offense of abuse of social media by employees who post pictures of care dependent individuals without permission.

Finishing up the week, on Wednesday, the House Local Government Committee reported out H.B. 1591 (Knowles, R-Schuylkill), which would keep the classification of all counties unchanged until the 2030 federal census. Also, the Senate Consumer Protection and Professional Licensure Committee reported out S.B. 25 (Bartolotta, R-Washington), which would modernize the Professional Nursing Law for advanced practice registered nurses.

The Senate Urban Affairs and Housing Committee reported out the following bills:

  • H.B. 264 (Heffley, R-Carbon), which would require potential bidders at a scheduled upset or judicial sale to pre-register;
  • H.B. 827 (Gillespie, R-York), which would establish a microenterprise loan program to assist start-up entrepreneurs;
  • S.B. 574 (Brewster, D-Allegheny), which would establish a demolition and rehabilitation fund in each county; and
  • S.B. 763 (Argall, R-Schuylkill), which would authorize $10 million for the low-income housing tax credit program.

The House passed H.B. 1348 (Saylor, R-York), which would allow the Department of Human Services to transfer federal funds from the Temporary Assistance for Needy Families Block Grant to the Child Care and Development Fund Block Grant and the Social Services Block Grant. The Senate Finance Committee will consider the bill on Monday. H.B. 1082 (DelRosso, R-Allegheny), which would establish an education program for early diagnosis of dementia and Alzheimer’s disease, also made its way to the Senate.

Then the Senate sent H.B. 649 (Rapp, R-Warren) to the Governor. The bill would require the Department of Health to establish protocol for essential caregivers to have access to congregate care facilities. Lastly, H.B. 1154 (Masser, R-Northumberland), which would make numerous changes to the Liquor Code, including permanently allowing to-go cocktails, passed as amended in the Senate and will go back to the House for concurrence.

The Week Ahead

While there aren’t many committee meetings scheduled at the moment, expect a jam-packed calendar throughout the week. Here’s a look at what’s on the schedule so far. 

Tuesday, the House Aging and Older Adult Services Committee will hold a public hearing on the Living Independence for the Elderly (LIFE) Program. Likewise, the House Environmental Resources and Energy Committee will hold a public hearing on CO2 and climate.

The House Education Committee will consider three bills:

  • H.B. 1446 (Sonney, R-Erie), which would allow students aging out of special education to opt in to an additional year of educational support and services;
  • H.B. 1533 (Topper, R-Bedford), which would require public schools to establish programs of accelerated learning to govern the set-aside dollars for learning loss under the American Rescue Plan; and
  • H.B. 1660 (Sonney, R-Erie), which would reduce a school board’s temporary emergency powers from up to four years to 60 days.

In the Senate, the Senate Labor and Industry Committee will hold a public hearing on the nomination of Jennifer Berrier of Secretary of the Department of Labor and Industry. Then the Senate Education Committee will consider S.B. 729 (Ward, R-Blair), which would provide for online education instruction for nurse aid training programs.

Wednesday, the House Labor and Industry Committee will hold a public hearing to receive an update on the benefit modernization system rollout. Also, the House Environmental Resources and Energy Committee will consider H.B. 604 (Fritz, R-Susquehanna), which would establish a framework for environmental permit and plan approvals. Moreover, the House Health Committee will consider: H.B. 1280 (Jozwiak, R-Berks), which would exempt specific cardiac testing from notification requirements under the Patient Test Result Information Act; and H.B. 1443 (Hershey, R-Juniata), which would permit laboratory services to be marketed to consumers under certain circumstances.

The Senate Finance Committee will consider S.B. 321 (Bartolotta, R-Washington), which would change the Film Production Tax Credit to the Film Industry Incentive and increase funding from $70 million to $125 million. Finally, the Senate Banking and Insurance Committee will consider:

  • S.B. 225 (Phillips-Hill, R-York), which would streamline and standardize the process for prior authorization of medical services;
  • S.B. 705 (Vogel, R-Beaver), which would provide for telemedicine services; and
  • H.B. 1349 (Pickett, R-Bradford), which would modernize the process by which the Insurance Department receives national criminal history background checks for insurance licensing purposes.

A full list of committee meetings can be found here:

House

Senate

In Other News

  • The Governor signed Executive Order 2021-04, which updates workplace policies regarding sexual harassment to reinforce protections for members of the LGBTQ community.
  • The Department Of Aging and a public-private task force released recommendations to address financial exploitation of older adults.
  • The Department of Labor and Industry announced that Pennsylvania’s unemployment rate was down two-tenths of a percentage point over the month to 6.9 percent in May.