2015-2016 Legislative Session

FOR EDITORIAL BACKGROUND: The 2015-16 session of the General Assembly was marked by budget difficulties and hardship resulting from the failure of Republicans to negotiate on a number of key issues. The Republicans largely refused to deal with or even acknowledge many of the problems that plague Pennsylvania and turned their collective noses up at reasonable, responsible policies designed to help working men and women, school students, seniors and Pennsylvania’s most vulnerable. There was a nine-month budget impasse in 2015 that stretched into 2016, a string of non- negotiated hardline budgets, repeated vetoes and little movement on key issues. Despite a first-year forward-looking budget presentation from Gov. Tom Wolf and a myriad of new initiatives identified by the governor and Senate Democrats, Republicans stymied progress across the board. However, in spite of Republican obstinacy, the governor -- aided by Senate Democrats -- was able to push several positive measures across the finish line; notably, new education funding, including $415 million in basic education, $60 million for early childhood programs, $50 million for special education plus more were approved in the session. The General Assembly also passed a new measure designed to ensure fair funding for all public schools (Act 35). The General Assembly also passed a liquor modernization plan, a package of measures to deal with opioid abuse and medical marijuana legalization. Legislation is coded as follows: a single asterisk indicates Senate passage, two asterisks indicate Senate and House passage, and three asterisks indicate the measure became law. A "V" means the governor vetoed the bill. AGING AND YOUTH *** Activities for Foster Children -- The Senate unanimously approved House Bill 477, which allows caregivers of children in out-of-home placements to approve or disapprove their child’s participation in age-appropriate activities without prior approval. This bill gives foster children more opportunities to lead a normal life. The measure provides guidelines and standards for guardians to decide if a child should participate in certain activities and events. Previously, a foster child needed pre-approval from their respective agency to participate in certain events. Permission was required for activities such as: staying over at someone’s house, playing sports, or going on a field trip. This new law will let the child’s guardian approve these types of trips, outings and activities. Under the measure, all agencies that operate out-of-home placements must implement “reasonable and prudent decision” training; and all caregivers must complete training. The bill was enacted as Act 75 of 2015. *** Long Term Care -- The Senate unanimously approved House Bill 753, which repeals the Intra-Government Council on Long-Term Care and establishes the Pennsylvania Long-Term Care Council. The Long-Term Care Council will exist within the Department of Aging. The council will advise other agencies and make recommendations on regulations, licensure and financing relating to long-term care. The legislation allows the governor to assign the council-related long-term care duties. The council will create committees to study the following areas: community access and public education, long-term care service, the work force, housing and regulatory review and access to quality care. Similar legislation was previously introduced as House Bill 252 and was passed by the Senate, but not the House. House Bill 753 was enacted as Act 64 of 2015. *** PACE and PACENET Eligibility -- The Senate unanimously approved House Bill 777, which amends the state Lottery Law to protect individuals from becoming ineligible for the PACE and PACENET programs due to Social Security cost-of-living adjustments. PACE and PACENET are Lottery-funded programs that provide low-cost prescriptions for low-income seniors, disabled people and others. This bill ensures individuals enrolled in these programs remain eligible, extending the Social Security COLA moratorium through December 31, 2017. The bill was enacted as Act 91 of 2015. *** Lay Caregivers -- The Senate unanimously approved House Bill 1329, which creates the Caregiver Advise, Record and Enable (CARE) Act to allow a patient to designate an individual who will be providing after-care assistance to them as a lay caregiver. The bill also requires hospitals to notify lay caregivers of a patient’s change in location and provides them with after-care instruction. Patients or guardians will be given the chance to designate a lay caregiver prior to their release from the hospital. These caregivers will face no liability because of this designation, but will be privy to the patient’s medical information. Lay caregivers will be notified if the patient is transferred or discharged. Patients are not required to designate a lay caregiver. The legislation also places specific requirements on how caregiver training is to be conducted. The Legislative Budget and Finance Committee is required to conduct a study to see if this legislation reduces the re-admittance of patients for incorrect after-care treatment. The bill was enacted as Act 20 of 2016. *** Family Support Orders -- The Senate unanimously approved House Bill 1603, which amends the Uniform Interstate Family Support Act to bring Pennsylvania into compliance with uniform laws regarding interstate and international jurisdiction of family support orders. The bill changes how interstate and international family support orders are enforced to ensure children receive financial support from their parents regardless of where they are in the world. Prior to this legislation Pennsylvania was operating under the 1996 Uniform Interstate Family Support Act guidelines. This measure redefines personal jurisdiction and provides for clarification to child support orders existing in multiple states. This legislation also requires county agencies to contact the police and report suspicions of a child being a victim of sex trafficking. The bill also establishes new responsibilities for county children and youth services. This change provides additional procedures for cases involving children suspected of being sex trafficking victims or children who are missing. This bill also authorizes courts to consult with a dependent child to determine their desired permanency goal during a permanency hearing. This measure also maintains Pennsylvania’s compliance with federal law and therefore allows the state to keep close to $150 million in funding. The bill was enacted as Act 94 of 2015. AGRICULTURE AND RURAL AFFAIRS ** Wind-Powered Generators — The Senate unanimously approved House Bill 188, which would have amended the Agricultural Area Security Law to allow the use of wind- powered generation systems. Currently, landowners may install water, sewage, electric, coal and gas or oil lines. This measure would have allowed them to install wind-powered generation systems as well. Wind power generation companies would have been required to evaluate any effects their generators might have on endangered species. The bill would have put specific limitations on the generators to maintain environmental quality and comply with environmental laws. Following House amendments and unanimous approval, the bill died in the Senate Rules and Executive Nominations Committee. *** Clean and Green Program — The Senate unanimously approved House Bill 806, which amends the Clean and Green Law to ban use values for situations where the assessment value is higher than the fair market value. The Clean and Green Law is designed to reduce certain agricultural properties’ property taxes. Previous law allowed land assessors to evaluate land based off of the use value rather than the fair market value to provide for lower property tax costs. However, in certain counties market value assessments were not being done on an annual basis and, therefore, the use value was showing a much higher property value than the market value. This legislation ensures that the lower assessment value is used when determining the land assessment for a preferential land. The three preferential lands applicable under this law are lands used for agriculture, agricultural reserve and forest reserve. The bill was enacted as Act 89 of 2016. *** Industrial Hemp — The Senate unanimously approved House Bill 967, which allows for the cultivation and processing of industrial hemp in Pennsylvania. The bill creates the Agricultural Pilot Program for the growth, cultivation and marketing of industrial hemp for Institutions of Higher Education and the Department of Agriculture. Under the bill, institutions may grow and research the use of hemp. The Department of Agriculture will be in charge of regulating permits and guidelines for hemp researchers. They must establish penalties for growing violations and all funds collected through licensing and penalties will be deposited in the Plant Pest Management Account. Growers must submit a criminal background check to become a licensed hemp grower. Similar legislation, Senate Bill 50, created an Agriculture Pilot Program for the growing of industrial hemp. The bill was unanimously passed by the Senate; however, the bill died in the House. House Bill 967 was enacted as Act 92 of 2016. *** Horse Racing Breeding Fund — The Senate unanimously approved House Bill 2303, which moves the Race Horse Industry Reform Act from the Administrative Code to Title 3 (Agriculture). This legislation restores the language “Pennsylvania-bred” horses to the Race Horse Industry Reform

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