Legislation passed week of May 1, 2023
Rep. Melissa Cerrato May 5, 2023 | 3:37 PM
Here are details on the bills that passed the House the first week of May:
HB0156 - (Pashinski, Eddie) (201-0)
HB156 amends Section 6813(b) that states that no person may apply fertilizer containing nitrogen or phosphorus to turf between December 15 and March 1 unless it is applied by a certified applicator. Since there are no certified applicators, this legislation is needed to correct this error and allow citizens to apply fertilizer, but at a reduced rate. This legislation also removes several definitions that are not used anywhere in the law “Pesticide applicator” and adds the definition for “Sanitized,” which relates back to the definition of compost. Most compost is not classified as “sanitary,” so clarity is needed to show that the compost is not considered sterile, but instead has undergone a process that would have sanitized the material, as defined here.
HB0363 - (Markosek, Brandon) (201-0)
HB 363 provides that 100 percent of a veteran's disability benefit will not be considered income for the purposes of determining eligibility for any Commonwealth program for which income is a factor. The exclusion will also apply to the spouse of a deceased veteran until and unless the spouse remarries.
HB0829 - (Gergely, Matthew) (199-2)
House Bill 829 amends the Liquor Code to allow an employee of a distributor (D) or importing distributor (ID) to also be employed by another distributor or importing distributor, hotel, restaurant, club, importer, vendor or out of state manufacture so long as they are not an owner, officer, or manager at the licensed establishment. The bill was amended to allow all manufacturers (limited wineries, distilleries, breweries) to allow employees who have an owner interest in the manufacturer to also be employed by an entity that holds a hotel, restaurant, eating place or club license. There are exceptions: these individuals cannot be employed as the manager or as alcohol service personnel. Current statute already permitted this for wineries and breweries, the amendment included distilleries as well.
HB0950 - (Fiedler, Elizabeth) (102-99)
Amends Article I (Declaration of Rights) of the Constitution of the Commonwealth of Pennsylvania to establish workers’ rights that grant all employees in the Commonwealth the right to protect their economic welfare and safety at work through union organizing and the collective barging process. Employees would have the right to choose their union representative for the purposes of negotiating wages, hours, and working conditions.
The language would prohibit the passage of any law or ordinance that interferes with, negates, or diminishes the right of employees to organize and collectively bargain. This explicitly includes language that would:
- Prohibit the execution or application of a collective bargaining agreement; and
- Prohibit labor organizations from requiring membership as a condition of employment.
HB0038 - (Mustello, Marci) (201-0)
House Bill 38 amends the Liquor Code to allow a liquor license to be transferred when approved on prior approval when the license is not operational if is accompanied by a surcharge. The surcharge for the transfer is $15,000 for counties in the 1-3rd class and $5,000 for counties in class 4-8th.
HB0100 - (Freeman, Robert) (141-60)
Amends the Public-School Code by ADDING Section 1529. Cross-Age Tutoring Program:
- Requires PDE establish evidence-based guidelines for a cross-age tutoring program where public-school students in grades 11-12, under the supervision of a certified teacher or paraprofessional, may volunteer as a tutor to assist another student with their studies.
- Requires guidelines be published on PDE's website
- The guidelines shall, at a minimum, provide for the following:
- qualifications of the 11-12th grade students eligible to serve as tutors.
- qualifications of students eligible for tutoring.
- participating tutors receive academic credits for serving as tutors.
- ways to encourage students in grades 11-12 who are not meeting their academic benchmarks to volunteer for the program which could improve their own academic performance.
- training for students serving as tutors.
- coordination with the certified teacher or paraprofessional.
- structure of tutoring sessions for both content and instruction delivery.
- frequency of tutoring sessions and monitoring progress.
- The program would be available to all public-school entities in the Commonwealth.
- Tutoring services provided as a part of this program would not replace or diminish any services provided by an employe of a public-school entity- but serve as a supplement to instructional and educational services.
- Nothing in this section is to be construed to limit a public-school entity’s authority or ability to develop and implement alternative cross-age tutoring programs.
- Nothing in this section supersedes or preempts the rights, remedies and procedures afforded to school employees or labor organizations under federal or state law, or any provision of a collective bargaining agreement.
As used in this section, the following words and phrases have the meanings given to them:
Cross-age tutoring- Tutoring that a student in an upper grade level provides to a student in a lower grade level.
HB0157 - (Pashinski, Eddie) (201-0)
HB157 establishes the PA Preferred® Organic trademark in addition to the Pennsylvania Preferred® trademark and authorizes and requires the Pennsylvania Department of Agriculture to develop a Pa Preferred Organic logo. The Pa Preferred restricted account within the State Treasury is renamed to The Pennsylvania Preferred® and Pennsylvania Preferred Organic® trademark Licensing Fund to include funds for Pa Preferred Organic and authorizes grants from that account. The funds also shall be used for promoting the licensure and use of the Pennsylvania Preferred® trademark and Pennsylvania Preferred Organic® trademark with respect to Pennsylvania-produced agricultural commodities or Pennsylvania-produced organic agricultural commodities to increase the number of qualified entities that use the Pennsylvania Preferred Organic® trademark. HB157 has been updated to reflect USDA's recent and ongoing work to strengthen organic enforcement and integrity by focusing on Pa Preferred Organic rather than Pa's own enforcement program. The trademark program would be voluntary for organic producers.
HB0198 - (Deasy, Daniel) (151-50)
Establishes the PA Distilled Spirits Industry Promotion Board under the Department of Agriculture composed of 5 members appointed by each of the following: Governor President Pro tempore of the Senate Minority Leader of the Senate Speaker of the House, and Minority Leader. Each member must be a resident of Pennsylvania and have expertise in the distillery industry. The Board is established for the purpose of making recommendations to the Liquor Control Board to award grants through competitive review for the purpose of increasing Pennsylvania made spirits and enhancing the distilled spirits industry through promotion, marketing, and research-based programs and projects. $1 million dollars shall be allocated from the PA Liquor Control Board for the purpose of awarding grants.
HB0299 - (Harkins, Patrick J.) (116-85)
This legislation requires all public employers in Pennsylvania, (the Commonwealth, its political subdivisions, school districts and all instrumentalities, and any institution or organization receiving federal, state, or local monies) not already covered under the Federal Occupational Safety and Health Administration (OSHA) laws and their employees, to comply with occupational safety and health standards.
HB0300 - (Kenyatta, Malcolm) (102-98)
Amends the Human Relations Act to prohibit discrimination in employment, housing, and public accommodations of a person's actual or perceived sexual orientation or gender identity or expression.
HB0413 - (Galloway, John) (113-88)
Amends the Construction Workplace Misclassification Act (Act 72 of 2010) to further specify that an individual may only be considered an independent contractor in the construction industry if their Pre-Session Report: May 02, 2023, 21 written contract is project-specific and contains a particular scope of work with a definitive time to perform the work.
HB0688 - PN1036 (Rozzi, Mark) (119-81)
Amends the Public-School Code by ADDING ARTICLE XX-L- PA Teacher Pipeline Scholarship Program:
PA Teacher Pipeline Program:
- The PA Teacher Pipeline Scholarship is established within PHEAA.
- PHEAA required to provide a scholarship grant to an eligible student who is a resident of this Commonwealth.
- The scholarship grant is required to be applied against the cost of attendance and be provided under section 2004-L.
Pre-Session Report: May 02, 2023, 22
- Prior to receiving a scholarship grant, a student would be required to apply for Federal and State grants available as determined by PHEAA.
- Requires an institution of higher education apply a scholarship grant received by an eligible student with other financial aid in the following order:
- Federal Grants.
- State grants.
- Institutional aid.
- Private scholarships.
- Scholarship grants awarded under section 2004-L and student aid grants listed in paragraph (1) applied prior to work study or loan awards.
HB0760 - PN0963 (Pisciottano, Nickolas) (114-86)
Amends the Workers’ Compensation Act (Act 338 of 1915) to permit the installation of workers’ compensation payment to be made via direct deposit if the insurer or self-insured employer permits direct deposit workers’ compensation payments. All insurers and self-insured employers are required to permit direct deposit workers’ compensation payments within 1 year of the effective date. Nothing in the amendment prohibits insurers and self-insured employers from permitting direct deposit workers’ compensation payments before the 1-year requirement.
HB0930 - PN0964 (Dawkins, Jason) (112-88)
Amends Section 306 of the Workers’ Compensation Act (Act 338 of 1915) to:
- Extend benefits to workers who suffer serious and permanent disfigurement of the body.
- Current law only covers the head, neck, and face.
- Increase weeks of eligible compensation not to exceed 400 weeks.
- Provide that disfigurement benefits paid to the injured worker are separate and apart from total or partial disability meaning a claimant is not precluded from collecting both total or partial disability benefits and disfigurement benefits simultaneously. Compensation is only permitted for injuries sustained on or after the effective date.
HB0115 - PN0958 (Ciresi, Joseph) (201-0)
Amends Section 3101 of Title 20, (payments to family and funeral directors), to expand the classes of persons who may make a claim for unclaimed property to include a decedents issue, parents, brothers, sisters, or their issue, or grandparents can file a claim for unclaimed property in this order of priority. The classes of people who may currently make a claim for unclaimed property of a decedent are limited to surviving spouse, child, parent, or sister or brother of the decedent. The bill adds a requirement that the person making the claim provide a statement to the State Treasurer that he or she is the surviving spouse or member of the class of people with the strongest claim to the property or funds.
HB0141 - PN0966 (Schlossberg, Mike) (120-81)
Amends the Public-School Code Section 1505-K. Talent Recruitment Account by ADDING
Subsection (d):
- Requires money appropriated or made available to the department for grants be distributed as follows:
- Not less than 15% shall be allocated to meet the purposes of section 1506-K- Talent
Recruitment Grant Program.
- Funding shall be distributed geographically throughout this Commonwealth.
HB0360 - (Pisciottano, Nickolas) (201-0)
HB360 amends the Act of March 28, 1984, known as the Automobile Lemon Law, by changing the definition of "new motor vehicle" to include motorcycles. The bill stipulates that motorcycles may be eligible for repair within a period of one year following the actual delivery of the motorcycle to the purchaser or during the term of the warranty and defines a dual sport motorcycle as a motorcycle designed to be ridden on or off road that may or may not be registered with the department.
HB0666 - (Bullock, Donna) (172-29)
House Bill 666 amends the Pennsylvania Housing Authorities Law (Act 265-1937) by removing the requirement that PHA's executive team be at-will employees and substitutes language indicating that, "The executive director and staff with executive duties who report directly to either the executive director or members of the Authority shall serve in accordance with the terms and conditions approved in writing by the members of the Authority."
This new proposed language would allow the PHA Board Members to set terms and conditions for the employment of the PHA Executive Team.
HB0735 - (Warren, Perry) (166-35)
This freestanding bill establishes the Flood Insurance Premium Assistance Task Force. The task force shall be appointed within 25 days after enactment and consist of one appointee each from the Governor (this appointee shall serve as chair), Lieutenant Governor, Director of the Pennsylvania Emergency Management Agency, Insurance Commissioner, Secretary of Banking and Securities, Senate Majority Leader, Senate Minority Leader, House Majority Leader, and House Minority Leader.
HB0739 - (Boyle, Kevin) (201-0)
This bill amends Title 40 (Insurance) of the Consolidated Statutes to require licensed insurance entities (licensees) to develop cybersecurity policies and report cybersecurity events to the Insurance Commissioner. The bill also amends Title 40 to allow the commissioner to adopt National Association of Insurance Commissioners (NAIC) Valuation Manual exemptions.
HR0050 - (Gallagher, Patrick) (201-0)
House Resolution 50 designates the month of April 2023 as “Autism Acceptance Month” in Pennsylvania. This resolution serves to bring greater recognition, understanding, and acceptance of autism to ensure that all individuals with autism are accurately diagnosed and appropriately supported throughout their lives. In Pennsylvania, the Department of Human Services created the Office of Developmental Programs, which includes the Bureau of Supports for Autism and Special Populations, to provide expertise and support for all agencies serving Pennsylvanians living with autism.
HR0071 - (Staats, Craig) (201-0)
This resolution recognizes the week of April 9 through 15, 2023, as "National Public Safety Telecommunicators Week" in Pennsylvania to honor 911 dispatchers. This resolution recognizes that 911 dispatchers are the first critical point of contact Pennsylvanians have with emergency services, and the safety of all other emergency services personnel is dependent upon the quality and accuracy of information obtained from emergency telecommunicators. This resolution also recognizes the diligence, compassion, and professionalism that public safety telecommunicators must exhibit in difficult situations to keep our communities and residents safe.
HR0084 - (Isaacson, Mary) (201-0)
- Community colleges play a critical role in providing Pennsylvanians with affordable higher education.
- Many students who attend community colleges are from low-income families.
- Community colleges educate the largest percentage of first-generation or nontraditional students in higher education.
- Community colleges save students tens of thousands of dollars on the completion of a four year degree.
- The affordability of community colleges provides students with access to higher education and enhanced economic opportunities.
- Community colleges serve as the largest postsecondary trainer in the Commonwealth providing workforce development programs.
- Through noncredit programs, community colleges also educate and train first responders, law enforcement officers, firefighters, and emergency medical services personnel.