Monday Legislation
Rep. Melissa Cerrato October 27, 2023 | 1:27 PM
HB1278 - PN2037 (Pielli, Christopher)
****Adds exclusions from the definition of oral communication in the Wiretap Act as follows:
(1) A communication made in the physical presence of an agent from or to an individual subject to
state supervision or parole, who meets all of the following:
i. Is clearly identifiable and on official duty.
ii. Is using an electronic, mechanical or other device that has been approved under section
5706(b)(4) to intercept a wire, electronic or oral communication in the course of official
duties, and
iii. Has received training on the device.
Requires DOC bureau of investigation agents to clearly identify they are wearing body cameras by
providing written notice and prohibits recordings inside a corrections officer's home without prior
court approval or without the prior consent of the DOC employee.
(2) A communication made in the presence of an individual employed in the department, Bureau of
Investigations and Intelligence holding a police officer commission under the act of May 21, 1943
(P.L.469, No.210), entitled "An act providing for commissioning as police officers certain employes
of institutions maintained in whole or in part by the Commonwealth; conferring upon them the
powers of constables in certain cases; and imposing duties on wardens and keepers of jails, police
stations and lock-ups," when the individual meets all of the following:
i. Is on official duty,
ii. Is using an electronic, mechanical or other device that has been approved under section
5706(b)(4) to intercept a wire, electronic or oral communication in the course of official
duties, and
iii. Has received training on the device.
Before state parole agents begin wearing body cameras, each person on state supervision shall
receive written notice that agents may intercept and record communications. Access to the
recordings will be limited and these recordings do not fall under the RTKL but follow access
procedures provided by law enforcement. No recording's collected under this paragraph including
communications inadvertently collected of third parties may be shared with law enforcement without
a lawful warrant. The department is tasked with developing guidelines to carry out this paragraph.
****Amends Section 5704 of the Wiretap Act, 18 Pa.C.S. 5704 by adding a subsection to permit
any recipient of a telemarketing call to record the statements of the telemarketer for the purpose of
holding that individual accountable under certain consumer protection laws by adding an exception
to prohibition on recording to allow.
The bill adds a subsection to Section 5704 of the Wiretap Act as follows:
(19) A person to intercept the wire communications of a telemarketer, telemarketing business or an
individual or entity that initiates robocalls, as those terms are defined in section 2 of the act of
December 4, 1996 (P.L.911, No.147), known as the Telemarketer Registration Act, provided that the
person who received the telephone call has consented to the interception, for purposes of enforcing
any of the following:
i. Section 3 of the Telephone Consumer Protection Act of 1991 (105 Stat. 2394, 47 U.S.C. §
227).
ii. The act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law.
iii. The Telemarketer Registration Act.
****That Wiretap Act is currently set to expire December 31, 2023, this bill will extend it until
December 31, 2029.
HB1378 - PN1538 (Malagari, Steve)
Amends the Unfair Trade Practices and Consumer Protection Law by adding a new section.
Online Access Control Measures
It shall be unlawful for any person to:
• Use a software application that runs automated tasks for the purpose of purchasing tickets
with the intent to resell;
• Use a software application that runs automated tasks that circumvents or disables and
electronic queues, waiting periods or other sales volume limitation systems associated with
online ticket sales;
• Use a software application that runs automated tasks to circumvent or disable a security
measure, access control system or other control measure that is used by the operator to
facilitate authorized access to an event;
• Sell or offer to sell and product or service obtained in violation of the above acts.
It shall not be unlawful for a person to create or use any computer software system to:
• investigate or further the enforcement or defense of any alleged violation of this section;
• engage in research necessary to identify and analyze flaws and vulnerabilities of measures,
systems or controls designed to stop this practice.
An operator, primary ticket platform or rights holder that suffers injury from a violation of this act
may bring a civil action against the person for damages for the injury plus $1000 for each ticket sale
made in violation of the act, plus reasonable attorney's fees and costs.
HB1522 - PN2071 (Probst, Tarah)
House Bill 1522 would establish a freestanding act to create the Wildlife Rehabilitation Grant
Program, administered by the Pennsylvania Game Commission (PGC). Grants may be made for
wildlife rehabilitation, improvement of wildlife rehabilitation facilities, or for a purpose determined by
the PGC. The bill establishes the Wildlife Rehabilitation Grant Fund as a nonlapsing fund in the State
Treasury. The bill allows the General Assembly to appropriate money to carry out the provisions of
this bill. The PGC may also utilize alternate funding for the program, including federal money,
grants, donations, gifts, and other payments from any source.
Grant awards are determined based on the wildlife intake of the rehabilitator from the previous fiscal
year based on the following intake numbers:
• Wildlife numbering 1 to 100, $2,500.
• Wildlife numbering 101 to 250, $5,000.
• Wildlife numbering 251 to 500, $7,500.
• Wildlife numbering 501 to 750, $10,000.
• Wildlife numbering 751 to 1,000, $15,000.
• Wildlife numbering 1,001 to 1,500, $20,000.
• Wildlife numbering 1,501 to 2,000, $35,000.
• Wildlife numbering 2,001 to 2,500, $50,000.
• Wildlife numbering 2,500 or more, $75,000.
Grants would be made on a first come first serve basis, with each organization’s office location only
eligible for one grant award per calendar year. The grant awardee must provide a report on the uses
of the grant by May 1 after grant award. The PGC must also draft a report for the General Assembly
and the Governor detailing the number and amount of grants awarded, grants denied under the
program, amount remaining in the fund, and uses of each grant awarded.
As used in the bill, “wildlife” would follow the same definition provided under Title 34 (Game) of the
Pennsylvania Consolidated Statutes. “Wildlife Rehabilitator” would follow the definition provided in
Section 147.302 (General) of Title 58 (Recreation) of the Pennsylvania Administrative Code.