Capitol Recap

November 20, 2019 AROUND THE ROTUNDA Contents PLS coverage of Capitol events including press conferences, bill signings, & media availabilities AROUND THE ROTUNDA 1 COMMITTEE NEWS 2 DEMOCRATS DISCUSS PASSAGE OF MINIMUM WAGE LEGISLATION NEW LEGISLATION 28 By Matt Hess, Pennsylvania Legislative Services | November 20, 2019 LEGISLATIVE ACTIONS 30 EXECUTIVE ACTIONS 45 A host of Democratic members of the House and Senate gathered for a press conference UPCOMING MEETINGS 45 outside the Lt. Governor’s Office this evening to discussion the passage of minimum wage SESSION STATUS legislation in the Senate. At 9:17 p.m. on Wednesday, November 20, Sen. Christine Tartaglione (D-Philadelphia), prime sponsor of SB 79, emphasized that 2019 the Senate stands raising the wage to $9.50 an hour is just a start. “We don’t control both chambers. If we had, in recess until Thursday, we would have had a $15 minimum wage with a Consumer Price Index (CPI) tagged onto it, November 21, 2019 at as well as local municipalities setting a rate of their choice above the minimum wage,” she 11:00 a.m., unless sooner stated. “Today is 4,882 days since low-wage workers in Pennsylvania had a raise. Everyone recalled by the President says they wanted to get more. I could not turn away and tell those folks making $7.25 an Pro Tempore. hour and tell them it is not enough. Any type of raise was a step in the right direction. This At 7:10 p.m. on Wednesday, does not mean we are giving up. We are going to continue to fight.” November 20, 2019 the House stands adjourned Sen. Arthur Haywood (D-Montgomery) thanked the advocates for helping pass the legislation until Thursday, November in the Senate and affirmed that Democratic lawmakers will continue to fight for $15 an hour. 21, 2019 at 10:00 a.m., “$9.50 is not where we want to be, but it is where we are today. If we get this passed in unless sooner recalled by the House that’s about 600,000 people who will get a raise. It’s about $31 million that we the Speaker. would pay in public assistance that won’t go out. The new pay level will be about $19,000 UPCOMING SESSION DAYS for those who get 40 hours at $9.50 an hour, and that’s a raise of about $4,600. For a family of two, they will finally be above the poverty line,” he stated. “We must continue and, in fact, House Nov. 21 redouble our efforts. This is not the end of the fight. Nothing has changed in our commitment Dec. 9, 10, 11, 16, 17, 18 to $15 an hour.”

Senate Rep. Patty Kim (D-Dauphin) commended the Senate for passing the bill. “This has been Nov. 21 a long haul since Pennsylvania has passed a minimum wage. We have finally focused on Dec. 16, 17, 18 regular people,” she stated. “This is bittersweet because there is no commitment that the House will pass this bill. Advocates, workers; we have to go hard. We have to start balling; there’s no time to rest.”

Rep. Chris Rabb (D-Philadelphia) reiterated that there is no assurance from House leadership that the bill will run, let alone pass. “I think, frankly, fear inspired this progress. Fear that this might come up at another point where this may look bad for some of our colleagues who are not voting moving toward a living wage. The vast majority of the population in Pennsylvania and the nation support a living wage. This should not be a partisan issue, and yet it is,” he stated. “We are going to run hard on this. We know that this is progress, but this is not a living wage…irrespective of what happens in this chamber, people are listening to what’s happening in the streets. We’re mobilizing and we are in the majority in the streets, in the nation, and in the commonwealth.”

Sen. Vincent Hughes (D-Philadelphia) affirmed that Democratic lawmakers will continue to Provided by Pennsylvania fight for $15 an hour as soon as Gov. Wolf signs SB 79 into law. “We will not stop fighting Legislative Services for $15 an hour for Pennsylvania citizens who are making a difference every day. We have 240 N. 3rd St. 6th Floor Harrisburg, PA 17101 a product of a Republican-controlled Senate and Republican-controlled House. If we were 717.236.6984 phone in charge, these numbers would be a lot higher and we would have done this a long time 717.236.5097 fax ago. We are not in the business, given the circumstances right now, of taking money out www.mypls.com of people’s pockets. If this is the hand that’s being dealt, we have to play it to the end,” he stated. “$2.83 an hour for a tipped wage worker, a number that has existed for over 20 years, must be changed. If a local community wants to raise the wage, they should have the opportunity to do it in response to the economic conditions of their neighborhoods. No low-income or any worker should have to worry year to year whether they get a little more bump in their pay. Budgets, spending, and wages are not just an economic statement, they are a moral statement. The fight for $15 still goes on; we will not give up.”

COMMITTEE NEWS Comprehensive coverage of House & Senate public hearings & voting meetings

House Agriculture and Rural Affairs Committee 11/20/19, 9:00 a.m., Room 140 Main Capitol By Matt Hess, Pennsylvania Legislative Services

The committee held a voting meeting and an informational meeting on conservation districts.

HR 605 Keller, Mark - (PN 2839) Resolution designating the week of February 22 through 29, 2020, as “FFA Week” in Pennsylvania. - The resolution was unanimously reported as committed.

Turning to the informational meeting, Chairman Causer explained that the meeting was held to give an opportunity for committee members to ask questions and learn about conservation districts in Pennsylvania.

Brenda Shambaugh, executive director, Pennsylvania Association of Conservation Districts (PACD), explained that Pennsylvania’s conservation districts were established in 1945 when the General Assembly passed Act 217, the Soil Conservation District Act. “Today, there is a conservation district established in every Pennsylvania county except Philadelphia. In general, districts work with partners such as government agencies, private organizations and businesses, offering technical assistance and educational guidance to landowners and managers, local governments, teachers, students and people from every walk of life,” she stated. “They can provide information and help on matters such as reducing soil erosion, protecting water quality, cleaning up acid mine drainage, or preventing hazardous situations such as flooding. Act 217 also created the State Conservation Commission under the concurrent authority of the Department of Agriculture and the Department of Environmental Protection (DEP). The commission provides oversight of the districts and directs the implementation of conservation programs.”

Shambaugh said conservation districts were established during the Dust Bowl to promote the value of conserving soil and water to farmers. Today, she continued, district expertise has expanded to almost every area of natural resource conservation. “Each district is led by a volunteer board of directors consisting of farmers, public members, and a member of county government. The county district board identifies local conservation needs, decides which programs and services to offer, and develops a strategic plan so the district can assist with their county natural resource needs,” shestated. “Conservation districts receive funding from various entities and each district’s funding sources are unique, depending on the programs they administer in their county. Thanks to you, as members of the Pennsylvania General Assembly, every district receives state funding through the annual commonwealth budget process and the state impact fee. Also, many districts enter into delegated agreements with state agencies to administer programs in their county. Some districts receive county funding or in-kind services as well. Additionally, most districts apply for grants to further their mission and to provide funding for projects in their county. We are very grateful for the state funding provided through the state budget process and all the other funding sources to provide the necessary financial support, allowing conservation districts to assist in preserving and protecting land and water resources.”

Christopher Thompson, district manager, Lancaster County Conservation District, explained that the district is comprised of 34 professional staff that administers five main programs: agriculture stewardship, erosion and sedimentation control, watershed conservation, conservation education and outreach, and clean water partner coordination.

2 In terms of watershed conservation, Thompson explained that the district provides technical, informational and organizational assistance that will improve watershed organization development and the quality and quantity of the county’s surface and groundwater resources. He indicated that the focus of the work relates to watershed assessment; procurement of funding; technical assistance; and the creation, implementation, and coordination of work plans and strategies to restore and protect groundwater and surface water resources locally. He added that the district works with 12 active watershed groups and there are seven stream projects in total over 8,000 linear feet and $757,000 worth of stream work.

Thompson said the erosion and sedimentation control program activities related to new construction projects are required to utilize best management practices (BMPs) in order to minimize negative impacts to the water quality.

Moving to agriculture supports and services, Thompson explained that 68 percent of the land in Lancaster County is farmed, and there are 5,462 farms with $1.07 billion in direct sales and $7 billion in extrapolated sales. “The Lancaster County Conservation District works with conservation partnerships to provide landowners with information on nutrient management, conservation planning, best management practices, and technical assistance, as well as funding resources to install conservation practices,” he stated.

Chairman Causer asked what the most commonly requested assistance is for the Lancaster Conservation District. Thompson said the district commonly gets requests for financial and technical assistance. Chairman Causer said the conservation district is a resource for individuals on a variety of issues. “Sometimes in this building people want to put more requirements on you and do more without coming forward with the resources and sometimes without realizing that the conservation districts are a partner and should be treated as a partner for all the good work you folks are doing,” he stated.

Chairman Pashinski inquired about the conservation district’s efforts to combat the spotted lanternfly. Thompson said the Lancaster Conservation District has partnered with the United States Department of Agriculture and the state Department of Agriculture to create a program to educate the public on the damage that the spotted lanternfly can cause and are active in classrooms throughout Pennsylvania. This year, the conservation district is focused on control measures to combat the spotted lanternfly. Thompson said the conservation district applied for $600,000 but will probably receive less than that.

Rep. Fee lauded the work of the Lancaster Conservation District and thanked Thompson for his work.

Sandy Thompson, district manager, McKean County Conservation District, explained that all conservation districts take part in the Dirt Gravel and Low Volume Road Program and that the program provides education, technical assistance , and grant funding to local public-road-owning entities throughout the state. “The program’s goal is to implement environmentally- sensitive maintenance practices aimed at reducing the environmental impacts of public roads, while reducing long-term maintenance costs,” she stated. “The Pennsylvania State Conservation Commission administers the program at the state level, and allocates funding to conservation districts in 65 counties throughout Pennsylvania. Owners of public roads apply for grants to their conservation district, and work with them to complete projects. The Penn State Center for Dirt and Gravel Road Studies provides education, outreach, and technical assistance for the program.”

Sandy Thompson explained that after Act 89 passed, the program averages about 500 completed contracts per year; 350 unpaved and 150 paved low-volume. She said the average for a project increased to $43,000 and projects now address a much broader and more comprehensive range of issues and practices, such as road fill, road surfacing, and stream crossing requirements.

Sandy Thompson provided an overview of projects in McKean County and noted that 20 of the 22 municipalities are eligible for funds. She explained that over $1 million in dirt and gravel projects have been spent since 1997 and $245,000 has been spent on low-volume road maintenance since 2014.

Chairman Causer asked what the biggest obstacle is for the program. Sandy Thompson said prevailing wage is the biggest impediment. “The prevailing wage at $25,000 for these projects is the largest obstacle. Increasing the threshold to $100,000 would help this program complete more projects,” she stated.

3 Chairman Pashinski questioned if the quality of work differs between prevailing wage projects and non-prevailing wage projects. Sandy Thompson said the quality of work is the same because the district uses the same contractors and conservation staff is on-site when the projects are being implemented. She noted that the district partners withTrout Unlimited and they are also on-site when stream crossings are installed.

Donna Fisher, district manager, Blair County Conservation District, provided an overview of the early duties of the district in regard to stormwater management and said the Blair County Conservation District began assisting municipalities by mapping and providing geographic information system (GIS) data for each identified outfall owned by the municipality within the Municipal Separate Storm Sewer Systems (MS4) area. The district also began compiling annual reports of district activities that could be counted by municipalities toward their public outreach and education goals under minimum control measures. She explained that the district is delegated by the Department of Environmental Protection to administer the National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges associated with construction activities.

Fisher said the first meeting of the Blair County MS4 Workgroup met in 2012 in order to share municipal resources as part of their permit renewal application and began to formalize collaborations on stormwater projects. She explained that the district now works with municipalities on tasks related to public education and outreach and to offer trainings related to pollution prevention activities.

Fisher emphasized the positive benefits of a collaborative approach and said over $1 million of products, services, and projects have been secured and water quality monitoring program has been elevated.

Rep. Lawrence indicated that the Wolf administration has shifted the focus of conservation towards enforcement and questioned how the districts are adapting to the change. Christopher Thompson noted that all of the conservation districts are independent so each county was allowed to decide if they wanted to do the inspection program. “It required districts to perform inspections on farms and that was tied to funding through DEP. In Lancaster County we relied on that funding for at least six of our positions. The board did vote to take on the inspection program for a couple reasons; one of them being we want to keep DEP out and also the Environmental Protection Agency (EPA),” he stated. Christopher Thompson said the district reached out to landowners prior to the board’s decision and emphasized that many of the farmers in Lancaster County wanted the uniformity throughout the county and to hold everyone to the same standard. “It’s been successful, but after more than 1,000 inspections, we’ve had 100 percent success in moving landowners to compliant status,” he stated. “The real challenge will be phase two when it’s having that plan and having it implemented on schedule.” Fisher said Blair County also chose the inspection program and emphasized the importance to landowners and the district of keeping the program local. Sandy Thompson said there are no farms in the Chesapeake Bay in McKean County so they are not participating in the inspection program, but affirmed that the McKean County Conservation District wants to be known as educators rather than enforcers.

Rep. Lawrence inquired how much money it will cost Lancaster County to meet its Chesapeake Bay targets. Thompson said it would cost Lancaster $22 million annually in order to meet the targets and the district has a budget of $4 million annually. Rep. Lawrence suggested that $22 million may be a low number and opined that it will be very difficult for Pennsylvania to meet the Chesapeake Bay goals. “We are looking at very expensive projects that we are foisting unto our municipalities,” he stated.

Chairman Causer thanked the panel for testifying and said the committee values conservation districts as a partner with the state. “Conservation districts are unique, county-based, and rely on state funding. The districts are masters of piecing programs together to work through all of these issues,” he stated.

4 Senate Urban Affairs and Housing Committee 11/20/19, 9:00 a.m., Room 8E-B East Wing By Jeff Cox, Pennsylvania Legislative Services

The committee held a public hearing on legislation regarding data collection of common interest ownership communities (CIOCs).

SB 802 Scavello, Mario - (PN 1106) Amends Title 68 (Real & Personal Property), in general provisions regarding condominiums, establishing an annual report conducted by county planning agencies identifying condominiums; in creation, alteration and termination, providing county planning agencies the information required in the annual report directly from condominium providers; in general provisions regarding cooperatives, providing the annual report for the applicability of local ordinances, regulations and building codes; in creation, alternation and termination of cooperatives, establishing required disclosure of information gathered in the annual report; in general provisions regarding planned communities, establishing consistency regarding annual reports for planned communities; and in creation, alternation and termination of planned communities, establishing annual reporting requirements. The annual report requires information identifying the condominium’s name and physical location, including the total land area and number of units, and providing for reasonable availability of infrastructure information for county government. Effective in 60 days.

Chairman Ward commented, «I thought a public hearing on this measure would be beneficial for members so they could receive comments from interested parties.»

Sen. Scavello, prime sponsor of the bill, told committee members that nearly eight years have passed since the December 2011 report from the Joint State Government Commission (JSGC). He explained, «Its chief recommendation is embodied in Senate Bill 802, and through the years I have agreed to changes to make it more amenable to county governments, such as limiting the data to be aggregated to just name and location.» Sen. Scavello commented, «I hope following today›s testimony all sides can agree to work together to establish an initial framework to identify CIOCs in the commonwealth.»

Carl Weiner, volunteer member, Community Associations Institute, testified, “An estimated 2.8 million Pennsylvania residents, comprising nearly one-fourth of the state’s population, live in approximately 10,000 to 12,000 CIOCs, including condominium associations, cooperative associations and planned communities...throughout Pennsylvania.” He added, “These numbers are approximate because despite the widespread impact of association living in Pennsylvania, there is a distinct lack of data to identify the location, scope and responsibilities of associations throughout Pennsylvania.” Weiner pointed out that the JSGC report concluded that “no government agency, either municipal or state, keeps an account of how many Pennsylvania residents live in CIOCs and that there are no means of locating associations and no agency that collects comprehensive data on associations, all factors which render it impossible to identify the status of infrastructure in associations.” He reported the commission recommended that county planning offices in Pennsylvania be required to track certain information on associations, including names, physical locations, number of units and infrastructure.

Noting he has practiced real estate law, with a strong emphasis on association law, in Pennsylvania for over 30 years, Weiner said he has participated in creating over 200 CIOCs. He observed, “These associations have largely come into being as municipal government has increasingly delegated traditionally municipal services to private associations.” Weiner commented, “Despite the ever-growing reliance upon privately-run associations to manage historically municipal services, I have witnessed firsthand the disconnect between municipal and county agencies and the private associations that have been established within their respective jurisdictions.” According to Weiner, “Although private roads and private sewer and water systems are part of overall municipal and county systems, municipal governments and county agencies have no means of tracking the associations which maintain these critical elements of infrastructure.” He argued, “Maintaining data to identify associations, as recommended by the JSGC, is not a difficult task.” Weiner explained, “The form that the developer submits to the county with a proposed development plan can easily be adapted to require the developer to submit basic information about whether an association is proposed for the development, the proposed name of the association, what infrastructure will be maintained by the association, and what services will be provided.” He added, “This would be in addition to the information that the county already receives, including the name of the development, the physical location, land area, lot sizes, the number of units, as well as proposed sanitary and sewer service and proposed ownership of roads.”

5 Weiner told the committee members, “It will no doubt take some time to establish and maintain an association database, but it is time that we start.” He asserted, “With associations carrying the responsibility for road safety, sewer service, water service, dam maintenance and stormwater control, the modest effort to maintain a database is well worth it. It is long past time for 10,000 communities to be put on the map.”

Stefan Richter, volunteer member, Community Associations Institute, testified, “Information pertaining to the identity, size and location of community and condominium associations is vital, not merely for regulatory and infrastructure purposes at a state and local level.” He pointed out that Pennsylvania’s version of Megan’s Law imposes an obligation upon a municipality’s chief law enforcement officer to notify a community that a sexually violent predator is living among them. After reviewing what information is required to be included in the notice, Richter stated, “Absent a database containing even basic information on community associations, law enforcement must speculate on the extent to which notice must be required.”

Amy Janiszewski, managing partner, Preferred Management Associates, spoke about her experience as the manager of the Hamlet Community in Canadensis, Pennsylvania, during the search for Eric Frein in 2014 after he shot and killed a state police trooper and wounded another. She said the manhunt eventually led searchers to the private community of the Hamlet Property Owners Association. Janiszewski reported, “It was my understanding that the officers were trying to gain information about the Hamlet and surrounding communities when one astute officer, not from the local forces, finally decided to ask an owner for information. They immediately provided him with my contact information, which finally put me in touch with those in charge of the search.” She said that prior to her contact with law enforcement, the owners within Hamlet Community “had no information, other than media sources, on what was happening in the community.” Janiszewski noted, “The Hamlet was lucky to have the email and phone chain system that we used throughout this event in order to pass along very important information.” She testified, “I have reviewed Senate Bill 802 as introduced on July 15, 2019, and, as a professional community association manager, I fully support the need for collection of basic identifying information for condominiums and planned communities.” Concluding her testimony, Janiszewski stated, “This information would facilitate the communication of vital information and services to owners with the community association.”

Erik Hume, vice chair of the Real Property, Probate and Trust Law Section, Pennsylvania Bar Association, stated that the proposed legislation “would begin to address the long-standing dearth of information about CIOCs in Pennsylvania.” He provided an overview of CIOCs in the commonwealth. Hume commented, “While Pennsylvania law provides basic guidelines for the operation of CIOCs, there is no ‘one size fits all’ model for Pennsylvania CIOCs.” He noted that very little data has been collected on the number, size, location, facilities managed, or services provided by CIOCs, and that 65 of 67 counties do not collect data concerning CIOCs. Hume outlined the 11 recommendations made in the JSGC report, including the recommendation that county planning commissions track certain information on CIOCs. Hume described this recommendation as “the key to implementation of the other recommendations.” He stated, “Senate Bill 802 fulfills that recommendation.” Hume told lawmakers, “We recommend the approval of Senate Bill 802.”

Sen. Scavello commented on what would have happened if Janiszewski had not been there and the police would have had no help. Janiszewski responded that knowing the officers of the corporation certainly would have helped law enforcement. Sen. Scavello said it is important to have the information required by the legislation available to law enforcement.

Chairman Ward said there has been some concern expressed that the requirements of Senate Bill 802 would be an unfunded mandate on the counties. She asked if there is information already out there that is easily accessible for counties to do this for communities that already exist. Hume said it has been his experience that all three common interest community acts have certain requirements when one of these communities is to be created. He pointed out that when the communities are created, certain information must be included in the recorded documents, which are available with every CIOC in Pennsylvania. Hume also said that to complete land development in Pennsylvania, plans must go through an approval process, and part of that process is submitting the plan to the county planning commission to review. He noted there is assessment data in tax assessment offices.

Chairman Ward asked for a general overview of how the communities are established and who has ultimate responsibility to make sure it is done legally and properly maintained. Hume explained that under the three CIOC acts in Pennsylvania, it is the declarant who prepares the documentation for the community and records the records.

6 Sen. Street commented, “I think the issue of the government having an idea of who is responsible for what activities in these planned communities is important.”

Lisa Schaefer, acting executive director appointee, County Commissioners Association of Pennsylvania (CCAP), testified, “Counties have significant concerns about the bill, specifically the challenges and effort required to gather this information compared to the actual benefit that counties would derive from it.” She noted, “In general, counties have no public purpose need to collect a database of information purely relevant to CIOCs, nor do they get into ownership interests on any properties or descriptions of lots down to this level of detail.” She added, “Even if they did, ownership types are not a land use that a county would evaluate for planning purposes.” Schaefer commented, “It is unclear how counties would be expected to compile and maintain this data without significant effort, or why local government resources would be expended to this extent for an exercise which has no real benefit for them or their taxpayers. Instead, county resources would be used to fill a massive data void for private and state interests.” She reported CCAP was unable to have a county planning director available for today’s hearing, but the association reached out to county planning offices across the state. Schaefer reviewed some of the feedback, which included concerns about the difficulty in collecting and maintaining the data, the administrative burden, and the availability of the data. Concluding her testimony, Schaefer said that “counties are actively engaged in planning efforts that will affect the future of all of the communities within their borders, as well as throughout their local regions.” She stated, “If information about CIOCs is useful to that effort, counties are attempting to gather it, although it has had limited success. For others, the burdens associated with trying to comply with Senate Bill 802 would take away from their abilities to implement projects associated with their existing plans and move forward with their counties’ visions.”

James Zugay, Dauphin County Recorder of Deeds, observed, “There is a misconception that because many counties have an electronic filing system, by means of a few simple keystrokes we can enter a query that will pull the appropriate declarations and compile all this data for us.” He continued, “There is a similar misconception that counties that have implemented the Uniform Parcel Identifier (UPI) system...can gather, identify and sort by type of property.” Zugay explained that the UPI system was designed and used as an indexing system based on location of property. He further explained, “The UPI system allows a searcher to search one number, the parcel identifier number, and all the transactions associated with that property will be listed.” He pointed out that nothing in Dauphin County’s UPI indexing system identifies a document as being associated with a homeowner’s association. Zugay stated, “In my county’s case, the first two numerals of a parcel number reflect the municipality in which the parcel is located, the second three identify the page or area within that municipality, and the last three identify the exact parcel on that page or area.” He provided a declaration filed in Dauphin County attached to his testimony. Zugay commented, “While the bill only requires counties to report the information ‘if available,’ the problem is that the information is technically available.” He continued, “As noted, stormwater features and infrastructure are on development plans, and parcels are listed on community association bylaws. Therefore, it seems counties will be on the hook to create these reports regardless, with, as you will hear, no discernible benefit to land use planning or the provision of emergency services.”

Barry Hutchins, Lycoming County senior public safety geographic information system (GIS) program manager, pointed out the recommendations of the JSGC report predate the formation of the Geospatial Coordinating Board. He explained that the board “has fostered increased cooperation and sharing of geospatial data by state, county and local entities across the commonwealth.” He provided the committee with a series of screen captures showing 2019 data in his written testimony. Hutchins testified, “The Next Generation 911 initiative in the commonwealth will greatly enhance the existing geospatial infrastructure data.” He said detailed information on the initiative can be found on the Pennsylvania Emergency Management Agency’s (PEMA) website. According to Hutchins, some of the infrastructure data required in Senate Bill 802 is already available in state, county and local datasets. He told committee members, “As the commonwealth continues to move forward with full Next Generation 911 deployment, the required layers of road centerlines and site/structure address points will capture all addressed sites or structures and their associated named roads.”

Chairman Ward asked Hutchins if he believes, between the GIS and the Next Generation 911 system, most of the information that would be needed for emergency purposes is available. Hutchins responded he believes so. He indicated a gap analysis is being finished under PEMA. Hutchins said there are some gaps where some places will have to fix their data. He added, “Overall, a lot of this data already exists.”

7 Sen. Scavello asked Schaefer to take him through the process when these developments are created. Schaeffer explained a subdivision plan will first come to the municipality for review. She said the local planning commission will make recommendations to the supervisors on approval of the plan and will take comments from the county planning commission and the public. Schaefer added that upon approval, it is recorded with the recorder of deeds. Sen. Scavello pointed out he has been a borough mayor, a county commissioner and has served on a zoning hearing board, so he does know the process. He asked, when the plan is approved, whether the municipality will know if it is a planned community or not. Schaefer said the local municipality would know that. Sen. Scavello asked if CCAP has put a price on how much it would cost a county to collect the data. Schaeffer said she does not have a dollar figure but she has comments from several planning commissions that they would have to put off several important projects they are working on to spend the time to go through the development plans, etc., to collect the data. Sen. Scavello asked about adding a provision giving counties up to two years to collect the data. Schaefer commented that what they are finding is that as resources become more and more limited, they must prioritize where they put those resources. Sen. Scavello observed the collection of data could be done simultaneously with other projects. He pointed out many rural communities do not have a local police department and depend on the State Police. Sen. Scavello added if there is a local police department, they do not patrol private roads.

Chairman Ward asked who would be best to collect the information if not the counties. Schaeffer responded that it depends on who wants the data and for what purpose.

The following provided written comments to the committee:

• Fraternal Order of Police Pennsylvania State Lodge

House Children and Youth Committee 11/20/19, 9:30 a.m., Room 8E-A East Wing By Mike Howells, Pennsylvania Legislative Services

The committee met to consider legislation.

HB 79 Isaacson, Mary (F) - (PN 82) The Childhood Blood Lead Test Act requires health care providers to make reasonable efforts to ensure the testing of all children in the commonwealth at one and two years of age for the presence of lead, and comply with associated reporting regulations. Also confers duties on the Department of Health. Effective in 60 days. - The bill was reported as amended by a vote of 17-6 with Representatives Barb Gleim (R-Cumberland), John Hershey (R-Juniata), Joshua Kail (R-Beaver), Brett Miller (R-Lancaster), Jack Rader (R-Monroe), and David Rowe (R-Snyder) voting in the negative.

A03755 by Petrarca, removes language mandating insurance coverage, aligns requirements with Centers for Disease Control guidelines, and makes the promulgation of Department of Health regulations discretionary. Also provides for educational materials. The amendment was adopted by a vote of 19-4 with Representatives Miller, Rader, Rowe, and Jim Rigby (R-Cambria) voting in the negative.

Prime sponsor Rep. Mary Isaacson (D-Philadelphia) said the bill is simply “to make sure that children under the age of two get tested for lead.” She said it has been a big issue in her district because of a lead paint site that was abandoned for years, and development around it caused contaminated soil to be disturbed, causing high lead levels in neighborhood children.

On the amendment, Rep. Meghan Schroeder (R-Bucks) asked if current patients on Medicaid and the Children’s Health Insurance Program (CHIP) have to get lead testing at 12 and 24 months. Minority Executive Director Camila Horst said yes. Horst explained they are attempting to codify what Medical Assistance (MA) and CHIP already do. Rep. Isaacson said currently medical providers are recommending lead testing for children they perceive to be at risk, for example those living in old housing stock. She said, however, the “fact of the matter is every child is at risk,” and pointed to the situation in her district. Rep. Schroeder asked how the amendment would affect the coverage provisions. Horst said it would remove 8 duplicative language in that regard.

Rep. Gleim asked if the amendment takes out the religious exemption. Horst said it does. Rep. Isaacson said it makes it so that the provider has to provide the information and grant every child the opportunity to be tested. She emphasized it is not a vaccine and a parent can opt to not have their child tested. She added there are no outward signs of lead poisoning until damage is being done. Chairman Karen Boback (R-Luzerne) said they are not mandating every child to have a blood test. Horst said there is nothing in the bill that would deny a parent’s right to refuse the testing.

Rep. Rowe said the bill includes several references to “shall” and questioned where the opt-out language is. Horst said the mandate is more on the practitioner and reiterated the language is modeled on Medicaid language that has been in effect for years. She reiterated nothing will penalize a parent or child. Rep. Rowe questioned why the language does not say “may.” Horst said that if it was left as a “may” clause some practitioners might feel they are not required to discuss the matter with a parent.

Rep. Wendi Thomas (R-Bucks) said there will be a lot of support for doctors having that conversation with parents but said there should be clarification that the parent can refuse the testing. She said she is happy to move the bill forward but recommended altering the language to avoid “roadblocks.”

Majority Executive Director Anna Malcein said that although the language does specifically not set out a moral exemption, parents always have the right to refuse non-essential treatment or testing under the law.

Rep. Kail said he is having a hard time determining who is regulated under the bill. He asked what would happen if a parent misses a test. Horst emphasized there are no penalties laid out for providers or beneficiaries in the bill.

Rep. Tedd Nesbit (R-Mercer) asked the current state of the law and whether children are currently required to be tested for lead. Rep. Isaacson said no. Rep. Nesbit asked if there is any other type of testing mandated under law. Horst said newborn screening is required, as is lead testing for at-risk children under MA or CHIP. “We are codifying what is already being done,” she said.

Rep. Rader expressed concern over legislation passed that isn’t specific and is interpreted in unintended ways. He said he supports the intent but has concerns with the way the bill is written.

Minority Chairman Joe Petrarca (D-Westmoreland) said they can possibly look at clarifying the language but said a lot of work has gone into the bill and he believes it should move forward.

Rep. Tarah Toohil (R-Luzerne) asked about page six of the amendment, striking out “shall” and inserting “may,” and whether that has the effect of codifying discretionary language. Horst said that relates to the department’s responsibility to distribute information and is a standard drafting practice.

Rep. Toohil asked it the legislation is a refile. Rep. Isaacson confirmed it is and said prior versions never moved. Horst said much of the amendment language was at the request from pediatricians who wanted a stronger bill.

Rep. Danielle Otten (D-Chester) expressed support for the legislation, recalling newborn screening that detected a congenital disease in her daughter, who was born without a thyroid gland, and was able to be successfully treated.

On the bill as amended, Rep. Miller asked about the statewide registry being created and what safeguards will be in place for privacy. Horst said the department would develop regulations to manage and produce the database. She said it is geared for the purpose of determining the sources of lead and how many children are testing elevated for lead over the total. Rep. Miller noted the bill only says regulations may be drafted. Horst indicated that is a standard convention in drafting legislation.

Rep. Schroeder asked if the sampling can be done at a pediatrician’s office rather than a lab. Horst confirmed that is correct and said that within 10 minutes there is a result. If the result shows high levels, she said, a re-test is scheduled within 12

9 weeks.

Rep. Rowe said he appreciates the intent of the bill but said he cannot support it as written. He said the bill only follows CDC recommendations in one regard and splits with them in numerous ways, including references to screening. Rep. Rowe outlined statistics on lead testing and, in terms of cost, said that on a national basis a lead-screening program would cost upwards of $400 million, and at the state level would cost tens of millions of dollars a year. He said those costs would be passed along to consumers. Rep. Rowe concluded the bill is a “classic example of government overreach at its finest” and the result of an emboldened “nanny-state,” and suggested tabling the bill until it is amended into a more satisfactory form.

Rep. Summer Lee (D-Allegheny) said she did not expect the bill to have been so controversial and said they are talking about making sure children are not dogged by cognitive and developmental issues throughout their lives. She recalled the recent passage of House Bill 1890 and challenged the contention that the bill before them is symptomatic of a “nanny state.” She said Rep. Otten expressed well the need for the legislation.

Rep. Todd Polinchock (R-Bucks) said the question is about whether parents may or must have their children tested.

Rep. Danilo Burgos (D-Philadelphia) discussed the cost issues of the bill and contended it will save money by treating children early in their lives before developmental problems lead to societal impacts like institutionalization.

Rep. Otten said she appreciates parents having the final say but “we don’t know what we don’t know.” She said itis unbelievable to her that controversy has arisen over the legislation given the impacts of lead poisoning. She also said the costs of treating children will be far lower than dealing with the long-term effects of children who were exposed to lead growing up.

Horst clarified some statistics on lead impacts. She said Pennsylvania is sixth in the nation in terms of children suffering from lead poisoning. She said Pennsylvania also ranks fifth in the nation for the number of homes built before 1950. Rep. Isaacson cited a report from the Joint State Government Commission earlier in the year and said she went to Chairman Boback to discuss crafting legislation to solve the problem based on its recommendations.

Rep. Kail agreed with Rep. Otten and noted there are tests out there that he never heard of until having children himself. He said the problem he has relates to uncertainty over the specific provisions of the bill. He said he would also support tabling the bill.

Rep. Rowe moved to table the bill. The motion failed by a vote of 6-17 with Representatives Gleim, Hershey, Kail, Miller, Rader and Rowe voting in the affirmative.

Chairman Petrarca reiterated the goal of the bill is to have children tested for lead exposure. He noted government mandates such things as car seats and opined that while no one wants to control how parents raise their children, they need to bear in mind the importance of lead testing. He expressed openness to crafting amendments to make the bill more broadly acceptable.

Chairman Boback said she was the sponsor of the pulse oximetry bill that became law and remarked that in a similar sense parents “in the know” do testing anyway, but there are those who do not know about the issue.

Rep. Rowe said he does not think the bill meets the recommendations laid out by the CDC and mandatory treatment is an issue.

Rep. Toohil asked if it is possible to come back later in the day after caucusing on the bill. She said a motion to table would not kill the bill in those circumstances.

Rep. Polinchock said he is willing to vote for the bill keeping in mind the need to clarify language.

10 Following the vote on the bill as amended, Chairman Boback said she is looking forward to clarifying amendments.

House Local Government Committee 11/20/19, 9:30 a.m., Room G-50, Irvis Office Building By Harrison Cann, Pennsylvania Legislative Services

The committee held an informational meeting on the First Class Township Code rewrite.

Minority Chairman Freeman expressed gratitude for the Local Government Commission for providing bipartisan, professional staff that helps guide the Local Government Committee.

Dave Greene, executive director, Local Government Commission, stated that the First Class Township Code rewrite was a multiyear effort by Wanda Dehan and the working group to revise municipal codes. He noted that the new revisions are introduced as House Bill 2073 and that it is largely consistent with past commission updates.

Wanda Dehan, legal counsel, Local Government Commission, stated that the working group met quarterly from 2016 through 2018 and that it consisted of staff, township commissioners, and township managers from across Pennsylvania. She noted that the most substantive changes track one or more municipal codes and that the working group stressed the need to address the cost of advertising. She then detailed the changes by topic.

Dehan stated that a new provision provides that no elected official may hold more than one position in a township office at the same time. She added that as an alternative to bonding, townships can elect to have insurance applicable to elected officials and employees as long as the insurance covers the same loss and conduct as a bond.

In relation to the board of commissioners, she stated that only board members present at a public meeting count in establishing a quorum, but if a present member is disqualified from voting, members calling in to the meeting can count towards the quorum. She added that those not present can take part in the meeting via a telecommunication device as long as audio connection is established. She noted that one change that may be different to some municipal codes is that a board of commissioners can develop a telecommunication policy that would set reasons for allowing members to call in to a meeting.

Dehan stated that governing body salaries were adjusted to keep up with inflation since they were last adjusted in 1995. She recognized that there are three first class townships that have populations around 50,000, so the provisions provide that there is an additional salary increase for townships that have a population of 45,000 or more, with a maximum based on township population. She added that compensation could be awarded based on a per meeting basis barring it does not surpass the maximum and that the board could provide forfeiture of up to one-twelfth of annual compensation or impose other penalties based on unexcused absences. She noted that an ordinance would need to be enacted for a change in compensation or penalties.

In regards to wards, Dehan stated township commissioners are able to establish, abolish, or change wards rather than the court of common pleas. She added that five percent of registered electors of the township or ward can petition the commissioner to create, alter, or abolish wards within 90 days.

She noted a new provision provides that township managers can be an individual, partnership, limited partnership, association, or professional corporation. Additionally, she stated, if a township manager is incompatible with a township commissioner, the incompatibility would apply to all officers directly providing services if the manager is not an individual.

Dehan continued, stating that a township treasurer cannot be a township commissioner, and that a treasurer will nominate a deputy in the event that they cannot perform the duties of office. She noted that the board of commissioners can appoint a deputy in the event that the treasurer did not appoint one. She added that the residency affidavit that is required by elected 11 officials is not required for tax collectors if they are appointed under the tax collection law or if the tax collector is more than one individual.

Additionally, Dehan stated that changes eliminated the two-year term for township solicitor and that the solicitor is now appointed to serve at the discretion of the board of commissioners. She added that, like township managers, solicitors or special counsels can be an individual, law firm, partnership, association or professional corporation.

She identified that similar changes were made for township engineers, stating that a township engineer could be more than one individual or even a firm, and that the two-year term for engineers was removed.

In terms of police officers, Dehan added, a township may contract with and purchase police services from another municipal corporation or establish a regional police department. She noted that no police officer may hold public office inside or outside of the township and that they cannot participate in a political campaign while on duty, in uniform, or on township property.

Dehan noted that the changes made regarding the civil service commission mostly reflect the changes made to the Borough Code in 2012. She stated that the civil service commission may select its solicitor, but the township must pay for solicitor services, subject to a reasonable limit on the amount allowed each year. She added that township commissioners do not have the power to make changes but may make suggestions to the civil service commission.

She stated that fines were increased for individuals convicted of neglecting to obey a subpoena by a civil service commission, with the maximum fine of $100 being eliminated and the new minimum and maximum fines being set to $250 and $500, respectively. She added that the fines would apply to cases where a subpoena issuing either witnesses or records pertaining to an investigation or inquiry is ignored, and that the civil service commission can petition the court of common pleas to order the individual to testify or produce records.

Dehan continued, stating that a civil service commission can conduct deliberations on evidentiary or procedural issues in executive session relating to applicants or aggrieved individuals who may have been denied placement on the certified eligibility list, but that the final decision must occur at a public meeting. Additionally, she indicated that unless the board of commissioners or an individual who was subject to a suspension or removal requests their disciplinary hearing be conducted in public, the hearing will be closed, and that the disposition of the hearing must be public.

Dehan then outlined changes made in the areas of finances, budgets, and contracts. She stated that a budget must be published in a newspaper and that the budget notice must state the date in which the board of commissioners would be voting on it. She added that the proposed budget must be kept on file with the township secretary for at least 20 days. She noted that tax changes must be made by ordinance and that supplemental changes and transfer must be made by resolution.

She stated that a board of commissioners may direct an elected auditor to conduct a report on an officer based on their death, suspension, removal, or expiration of term. She clarified that an officer cannot be surcharged in excess of a monetary loss and that language from an ethics act added that an officer cannot be surcharged if an officer acted in good faith or reliance on opinion of a solicitor or opinion from a public meeting.

Additionally, she stated, the appointment of an independent auditor must be done by resolution. She indicated that an annual audit or financial report must be published once in a newspaper and that it must be made available to the newspaper upon request of publication and that it can be delivered in electronic form.

Contracts and purchases, Dehan stated, must now be published once in a newspaper no less than 10 days before a bid opening, rather than twice. She added that exceptions to bidding for contracts and purchases include computer software, copyrighted products, public utilities made for electricity, natural gas, and telecommunications, as well as purchases related to emergencies.

Dehan noted that contracts to mitigate emergencies presenting clear and present danger must be stated and adopted at the

12 next meeting. She recognized that a board of commissioners may request separate specifications for plumbing, heating, ventilating, and electric work but that it is not mandatory.

She stated that other bills introduced pertaining to municipal codes were included, so the advertising and bidding threshold was increased from $1,500 to $6,000 for first class townships. She noted that the township would have to estimate the value of the property by real estate appraisal and that public notice has to be made 30 days prior to the sale if it is not advertised. Anything related to a council of government or anything created by an intergovernmental cooperation, she added, now fall under the exceptions for advertising.

Dehan continued, stating that the exchange of real property for municipal purposes must have its resolution published. She added that a new provision was added, following the Borough Code, providing that townships may limit license and regulate corporate business unless prohibited by law. The regulation and disposal of waste, she noted, will now include recyclables and contracts and charges related to it.

In regards to reserve funds, she stated that an operating reserve fund cannot exceed 25 percent of the estimated revenue of the general fund. She added that a township, after getting permits, may acquire and operate areas pertaining to filtration, retention and other methods of stormwater management.

On fireworks and flammable articles, she stated that the section provides uniformity with federal and state lawsand regulations for permits.

Dehan then highlighted changes made regarding streets, sidewalks, and sewage systems. She stated that a street is considered public if it is used for public travel and has been maintained by the township for at least 21 years, even if there is no public record of the dedication. She added that a municipality’s planning code applies to construction and dedication of streets if the street is required by a plan made by ordinance.

In regards to sidewalks, she stated that a new provision was added to create a 10 percent penalty for failure to complete work related to construction, paving and curbing, which accompanies the 10 percent penalty for the failure to do repairs. She added that a provision also adds the need for emergency repairs to be completed within 48 hours but that there is no related penalty due to the short timeframe.

Additionally, Dehan stated, a new provision requires mandatory connection to a township sewage system or joint sewage system if the building is within 150 feet of the system. She added that the initial rate for fees is made by ordinance, which exists in current law, but that subsequent rate adjustments may be done by resolution.

Dehan clarified that the notice of construction of a sanitary sewer system has been reduced to once rather than once a week for three weeks. In terms of water, she noted that the changes to rate adjustment are the same changes made to adjustments for sewage.

She stressed that there were no substantive changes regarding eminent domain but that clarifying language was added. Assessments for public improvements, she added, contain a new article based on various sections throughout the First Class Township Code. She stated that the article provides that the cost of public improvements would be done by ordinance and that townships may pay for the cost in whole or in part, and that the method of assessment would have to be on the assessment statement.

Dehan noted that another new article was included pertaining to ordinances, which is set up similar to the Borough Code. She stated that ordinances are currently enforced as summary offenses but some are now enforced civilly. She added that a township may assess court costs and attorney fees in enforcement proceedings and that the board of commissioners may delegate the initial determination of the ordinance violation to a qualified officer or agent.

She continued, stating that a board of commissioners can now delegate some powers regarding a ward by ordinance rather than either delegating all or no powers. She added that shade tree regulations or notice of a meeting will be published once

13 in one newspaper rather than twice in two newspapers. She stressed that the working group realized all meetings would be published in the beginning of a year so one notice of an upcoming meeting would be sufficient.

Regarding public health, Dehan stated, a township may by ordinance establish either a board of health or an office of health officer, and that a health officer has to be certified by the Department of Health within six months of appointment. She added that a township could dissolve a board of health or office of health officer, and therefore, become subject to the jurisdiction of the county health department. She noted that a board of health can be three members instead of the current five-member requirement, and that a board of health can be a professional health care provider.

Additionally, Dehan stated that as long as a township has reached the minimum population density of 300 persons per square mile, a change from a second to first class township can be done at any time and is not tied to the population density threshold. She added that population density is not considered if a township wishes to revert back to a second class township, but that a township cannot revert back any sooner than five years after becoming first class.

Concluding, Dehan mentioned minor changes to the code regarding associations. She stated that powers relating to annual meetings of state associations will include educational conferences, and that in regards to county associations, references to conferences were retained.

Chairman James asked about changes to eminent domain procedures. Dehan responded that there were no changes to procedures but that the only major change was to adjust the name of stormwater drains to stormwater facilities to better describe all cases.

Rep. Mizgorski asked about tax collectors holding other offices. Dehan responded that no elected official can hold more than one office at a time. She added that if a tax collector is appointed by a joint tax collector or treasurer, or they are more than one person, they would not be required to file a residence affidavit.

Chairman Freeman asked about civil service commissions electing their own solicitors. Dehan responded that that matches the Borough Code. Chairman Freeman asked how payment would work between commissioners and commission. Dehan responded that it would pertain to the townships and she does not know exactly how it would work.

Chairman Freeman asked if wards have to be roughly the same size. Dehan responded that it is a constitutional provision that they have to have similar populations. Chairman Freeman asked if there was any interest in the working group to address concerns about wards being realigned before legislative redistricting. Dehan responded that the changing of wards is required to be forwarded to the county board of elections and that the language follows the Borough Code.

Greene commented that the Borough Code would have to yield to districts established in the Election Code. Chairman Freeman noted that Bethlehem Township created wards to accommodate the splitting of legislative districts. He then asked if the working group discussed any new concepts that did not make it into the changes. Dehan responded that when issues arose, the working group tended to be move past the topic if it was controversial. She added that reducing publication of contracts from twice to once is not in other municipal codes but that the working group felt that it was needed to address advertising costs.

Chairman Freeman asked about the selection of commissioners to cover wards to the working group. Dehan responded that first class townships are not required to have wards.

14 House Aging and Older Adult Services Committee 11/20/19, 9:30 a.m., Room 205, Ryan Office Building By Emily Mistishen, Pennsylvania Legislative Services

The committee met to consider legislation.

HR 574 Murt, Thomas - (PN 2720) Resolution recognizing the week of October 7 through 13, 2019 as “Mental Health Awareness Week” in Pennsylvania. - The bill was unanimously reported as committed. Chairman Thomas Murt (R-Montgomery) said that one in five adults experience mental health difficulties and that 90 percent of people who commit suicide had underlying mental health issues. He pointed to suicide as one of the leading causes of death in the United States. He went on to discuss veterans, explaining that 22 veterans commit suicide every day. Stressing the importance of public education and awareness, he urged committee members to vote yes on the resolution to help reduce the stigma associated with mental health issues, particularly with members of the military.

HR 600 Lewis, Andrew (F) - (PN 2822) Resolution designating the month of November 2019 as “Long-Term Care Awareness Month” in Pennsylvania and urging all Pennsylvanians to examine their long-term care needs. - The bill was unanimously reported as committed.

Chairman Murt indicated Pennsylvania’s older adult population is continually growing and long-term care services are becoming more and more necessary. He commended Rep. Andrew Lewis (R-Dauphin) for introducing the resolution.

HR 612 Samuelson, Steve - (PN 2746) Resolution recognizing the month of November 2019 as “National Alzheimer’s Disease Awareness and Family Caregivers Month” in Pennsylvania. - The bill was unanimously reported as committed.

Minority Chairman Steve Samuelson (D-Northampton) noted the resolution has more than 40 co-sponsors and that members of the Alzheimer’s Association will be on the House floor when the resolution is introduced. “As we know there are about 400,000 Pennsylvanians who have Alzheimer’s or a related disorder,” he stated. He remarked on the sacrifices caregivers make and highlighted various fundraiser walks that take place across the commonwealth in order to help raise money and awareness, including the Walk to End Alzheimer’s at Citizens Bank Park. He acknowledged Rep. Tim Hennessey’s (R-Chester) annual participation in the Citizens Bank Park walk and asserted his resolution aims to help raise awareness and recognize caregivers.

Chairman Murt reiterated Pennsylvania’s older population continues to grow and the importance of recognizing those who suffer from Alzheimer’s and their caregivers. He commended Rep. Hennessey for his consistent participation in the Citizens Bank Park walk. Rep. Hennessey noted this year was the first time he was not able to make it.

Chairman Murt indicated the committee was initially going to vote on House Bill 1930 but the bill was removed from the agenda due to more adjustments being necessary.

Rep. Hennessey affirmed House Bill 1930 aims to address issues associated with the Older Adults Protective Services Act (OAPSA) and hiring those with prior criminal records for long-term care services. Several years have been spent trying to come to a consensus on the issue, he continued. He opined that the issue needs to be addressed at some point and that he will continue to work on the bill.

Chairman Murt noted that the Citizens Bank Park Alzheimer’s walk raised $1.1 million in one day for Alzheimer’s research this year.

15 Senate Game and Fisheries Committee 11/20/19, 9:30 a.m., Room 461, Main Capitol By Robert Cochran, Pennsylvania Legislative Services

The committee met to consider legislation.

HB 102 Maloney, David - (PN 101) Amends Title 34 (Game), in hunting and furtaking licenses, further providing for eligibility for license by adding that upon request of the commission, all public school districts shall make a school facility under their control available for the purpose of conducting a hunter education course. Classes may occur as an after-school or weekend function or any other day when school is not in session. Effective in 60 days. - The bill was unanimously reported as committed.

Rep. David Maloney (R-Berks) said the bill is a “simple type of proposal to allow more availability to the hunter safety course statewide in our schools after hours.” He added that with today’s concern regarding school safety, this legislation is “appropriate” now to increase awareness regarding hunting traditions and hunting safety.

Chairman Dan Laughlin (R-Erie) asked if the legislation mandates children to take the hunter safety course. Rep. Maloney indicated that no child would be required to take the course.

HB 584 Kortz, Bill - (PN 591) Amends Title 30 (Fish), in fishing licenses, further providing for exemptions from license requirements for therapeutic recreational programs. Effective in 60 days. - The bill was unanimously reported as committed.

Rep. Bill Kortz (D-Allegheny) explained his bill, claiming that current law provides fishing license exemptions for educational purposes, but a “number” of groups indicated they support removing the license requirements for therapeutic recreational programs, including the Wounded Warriors Project. He said this bill would support those suffering with post-traumatic stress disorder (PTSD), cancer treatment and recovery, depression, and addiction. He added that physical or mental impairment organizations also supported the bill.

Chairman Laughlin said he is a “big fan” of this proposal.

Sen. Doug Mastriano (R-Franklin) thanked the representative for his bill, saying that therapeutic recreational programs are “extremely effective and helpful” for military members, “especially those with PTSD.”

HB 617 Gillespie, Keith - (PN 612) Amends Title 34 (Game), in hunting and furtaking licenses, providing for a volunteer instructor license, which shall be issued by the commission to an individual who is a resident of this Commonwealth and is certified by the commission as qualified to teach any of the hunter or trapper education curricula offered by the commission. This shall not apply to a full-time employee of the commission. The license fee shall be $1. Effective in 60 days. - The bill was unanimously reported as committed.

SB 377 Boscola, Lisa - (PN 361) Amends Title 34 (Game), in enforcement, further providing for jurisdiction and penalties; and, in game or wildlife protection, further providing for the offense of unlawful taking and possession of protected birds and for endangered or threatened species. The bill establishes that that the following fines and penalties shall be imposed: summary offense and not less than $2,500 when the offense involves a violation of section 2164, relating to unlawful taking and possession of protected birds, that results in the killing of a bald eagle or golden eagle; a violation relating to birds listed under the Bald and Golden Eagle Protection Act is, in addition to any other penalties, a misdemeanor of the second degree; and, in addition to any other penalty, a violation that results in the killing of a protected bird listed in the Bald and Golden Eagle Protection Act shall be graded one degree higher than the penalty provided. Effective in 60 days. - The bill was unanimously reported as amended.

A03915 by Boscola, reduces the fine from $2,500 to $2,000. The amendment was unanimously adopted.

Sen. Lisa Boscola (D-Northampton) said a bald eagle was recently shot in Allegheny County, and treating the bald eagle

16 cost $1,800 prior to the bird being euthanized. She said $2,000 was a “reasonable amount to replace the bird.”

Senate Transportation Committee Senate Health and Human Services Committee 11/20/19, 9:30 a.m., Hearing Room 1, North Office Building By Sheri Melnick, Pennsylvania Legislative Services

The committee held a hearing on the Medical Assistance Transportation Program (MATP).

Chairman Brooks noted that the hearing is being held to discuss the state Medical Assistance Transportation Program and the concerns raised after a move to revamp the system through a state-wide broker. She explained that the General Assembly, through Act 19, has made a request to address the positive and negative impacts of the shift to the brokerage model. She emphasized that she shares the concerns and wants to ensure that those who use the services will have their needs met.

Sen. Street remarked that the issue of medical transportation is an issue that impacts all parts of the commonwealth. He noted that even people in urban areas require transportation to get to doctors’ appointments and may have mobility issues.

Chairman Ward remarked that she heard from “numerous” transportation providers following the passage of Act 40 on the potential impacts of moving to a full-brokerage model. With the passage of Act 19, she noted, the Department of Human Services (DHS) is required to hold the procurement process and conduct a study. She stated that MATP provided over 9 million trips across the state during 2016 and 2017. She noted that today’s discussion is “timely.”

Rebecca May-Cole, executive director, Pennsylvania Association of Area Agencies on Aging (P4A), explained that P4A represents all 52 area agencies on aging (AAAs) that serve Pennsylvania’s 67 counties. She noted that for over 40 years, AAAs have been the “no wrong door” community partner where seniors can learn about services available to them.

May-Cole spoke about a small rural AAA that provides transportation for their consumers in Blair County. She noted that the average cost to a consumer is $1.50, and Blair Senior Services (BSS) has not had a fare increase since 2013. She asserted that with the implementation of a brokerage model by MATP, BSS would need to remove five vans per day, which will increase rural ride times and result in a fare increase. She said, “Transportation is a key component of a person’s health and wellbeing. We must not jeopardize this for our older adults.”

May-Cole spoke of an 89-year-old senior in rural western Pennsylvania who has developed relationships with his drivers. She noted that with the implementation of moving to a full-risk broker model for the delivery of MATP, P4A is concerned about the loss of consumer protections, a risk of isolation, and the loss of independence and the ability to age in place.

May-Cole noted that if MATP trips are removed from the current coordinated delivery model, the transportation providers will be forced to either cut back on or discontinue services in the communities they serve. She explained that significant consumer disruption is also expected as consumers who use multiple transportation programs and services will be required to make one phone call to the broker and navigate a separate, “likely out-of-state” call center process to schedule their medical trips, as well as a separate call to the transit agency to schedule non-medical trips.

May-Cole expressed her concern that changing the delivery model for MATP would impact all users of public transportation. She noted that multiple trip planning systems may mean additional cost implications for the state.

May-Cole also noted that “a full-risk brokerage will translate to fewer medical trips for Pennsylvanians and increased costs to taxpayers.” She concluded by stating that the changes in consumer behavior that will result from the broker model should be evaluated as they may result in poorer health and increased hospital admissions.

Jeff Iseman, public policy and outreach coordinator, Pennsylvania Statewide Independent Living Council (PA SILC), 17 explained that the primary concern of his organization regarding the move to a full-scale transportation brokerage model includes the lack of broad-based consumer statewide input, reductions in access to health care with less transportation options, increased costs to consumers to offset losses to MATP funds, and the impact on Community HealthChoices (CHC). He also indicated concerns about whether drivers under the brokerage model would be properly trained to work with people with disabilities as well as the lower reimbursement rates for self-transportation.

Mark Edwards, MATP shared ride user, asked legislators not to vote out of the current program. He urged them to “keep the system the way it is now.” He remarked that there would be problems if the broker model is implemented. He commented that people want to stay in their own homes and want to be independent. Edwards asserted that the broker model “won’t work.”

Sally Kozak, deputy secretary, Office of Medical Assistance Programs, DHS, explained that nationally there are three models used to provide non-emergency medical transportation (NEMT) services, which are the in-house, managed care, and brokerage models. She noted that DHS administers MATP, providing funding in all 67 Pennsylvania counties, and relies on a hybrid model which uses a combination of all three models. Kozak commented that 38 counties operate a vendor model, where the vendor handles all program components. She noted that nine counties operate a hybrid model, where the county and vendor share responsibilities. Kozak acknowledged that DHS manages NEMT services in 12 counties, while seven counties operate the program as a sole service provider. In Philadelphia, Kozak stated, they use a brokerage model.

Kozak explained that Act 40 of 2018 required DHS to issue a solicitation for brokers to provide MATP services. She acknowledged that this process was halted with the passage of Act 19 of 2019 pending an analysis to evaluate the potential impact of implementing a regional MATP broker by engaging various stakeholder workgroups. She remarked that the preliminary report outlines the approach and resources being used to conduct the analysis of five major components of Act 19. Kozak noted that the final report will address the state and federal laws that apply to the MATP program and is due at the end of the year.

Jennie Granger, deputy secretary of multimodal transportation, Pennsylvania Department of Transportation (PennDOT), remarked that since the 1970s, Pennsylvania has invested in public transportation facilities and provided funding to offset operating costs. She asserted that Pennsylvania has also invested in vehicles to support shared rides in 67 counties. Granger noted that PennDOT provides nearly 3.7 million rides per year to seniors and disabled persons with the shared rides system. She acknowledged that there are workforce benefits associated with transit, resulting in 100,000 transit- related jobs. She asserted that with the passage of Act 19, PennDOT has been participating in a work group led by DHS to complete a study on the impacts of brokering the MATP program. She concluded her testimony by stating that PennDOT remains committed to providing cost-effective transportation and will continue to work with DHS and other partners to make sure that the public transportation experience is a “positive one.”

Tim Geibel, chairman, Pennsylvania Public Transportation Association (PPTA), explained that the current shared ride public transportation model, which includes MATP, provides cost-effective transportation and allows consumers to make one call to schedule their transportation needs. He referred to a study conducted by the Transportation Research Board identifying national models for MATP, of which Pennsylvania was highlighted for efficiency.

Geibel explained that DHS does not need to move forward and award a full-risk brokerage contract because it could mean the “decimation” of rural transit, remove all input from local officials and communities, negatively impact MATP riders through safety concerns, and may result in riders paying more for less service. He noted that the unforeseen impacts of the brokerage system include increased burdens on state funding sources and reduced federal formula transportation funding. Geibel highlighted other states that were negatively impacted by establishing brokerage services. He remarked that those states include Texas, Rhode Island, New York, South Carolina, Maine, and New Jersey.

In conclusion, Geibel gave recommendations as asserted by PPTA, which included that no full-risk broker award should be made before the General Assembly has the opportunity to review the legislatively mandated analysis and give thoughtful consideration to alternative broker models to ensure the continued coordination of all human service transportation programs. Sen. Vogel noted that his county has a contract with the ambulance services to provide MATP and asked if that could

18 continue if the brokerage model was implemented. Geibel responded that the Centers for Medicare and Medicaid Services (CMS) will allow a government entity broker to operate in the state, and the broker would be able to receive the Federal Medical Assistance Percentages (FMAP) drawdown.

Sen. Vogel asked if Geibel had the breakdown of costs and if there are additional costs for the government model not included in the broker model. Geibel remarked that he hopes to conduct an analysis, which can weigh the costs. He noted that his organization does not believe that the broker model would permit the current coordination of efforts to continue.

Sen. Vogel stated that he has read a study done by Massachusetts which showed fraud and abuse through $17 million in questionable payments made. He remarked that he wants to make sure that things like this do not happen in Pennsylvania. Edwards noted that Massachusetts has one of the better transportation systems, which runs from 5 a.m. until 2 a.m. daily.

Chairman Brooks acknowledged a report done in Texas which showed that the transition to full-risk broker model resulted in a 400 percent cost increase, a decrease in access, and an increase in complaints. Chairman Brooks asked what DHS is going to do differently to ensure that the same thing does not happen in Pennsylvania as it did in Texas. Kozak stated that the request for application (RFA) was written in consideration of what was done in other states and added consumer protections. She acknowledged that DHS requires a localized presence in each region and uses “pretty rigorous” monitoring.

Chairman Brooks asked if DHS has written the RFA “completely differently” than the one in Texas. Kozak stated that DHS looked at the other states when crafting the RFA.

Chairman Brooks asked about the penalties and accountability measures in place to make sure riders are picked up timely. Laurie Rock, director of managed care operations, DHS, stated that there were penalties in place for a failure to meet certain standards, such as financial penalties and corrective action.

Chairman Brooks stated that she is concerned about DHS’s response because issues have occurred in Philadelphia with LogistiCare, which is managed by DHS. Rock stated that DHS has implemented corrective actions against LogistiCare but she would need to get that specific information for Chairman Brooks.

Chairman Brooks asked if the current RFA requires Americans with Disability (ADA) compliance for vehicles. Rock stated that she would need to look into that. Chairman Brooks remarked on the “core fundamental” nature of that question. Chairman Ward stated the answer concerns her as well and noted that “we have a good system right now.” She opined that the brokerage model does not show concern about the citizens.

Chairman Ward stated that DHS talked about who was involved when doing the study, which included stakeholders. She asked how this will impact the clients. Alan Blahovec, executive director, Westmoreland County Transit Authority, remarked that 50 percent of shared rides are for medical appointments. He asserted that if his agency lost those trips, the fares that seniors pay may be increased. He remarked that “ultimately,” seniors and people with disabilities would end up with less service.

Sen. Street asked DHS to explain the enhancements and benefits with the broker model and why the benefits outweigh the concerns. Kozak explained that the broker model was implemented in 2006 and improved transportation services. She stated that if people have access to the Southeastern Pennsylvania Transportation Authority (SEPTA), the broker gives them passes. She noted that DHS looks at the lessons learned by implementing the broker model with LogistiCare.

Sen. Street asked the impetus for expanding this model statewide. Kozak responded that it was because the legislation mandated DHS to do so.

Sen. Martin noted that the MATP program is “unique” and needs to be implemented across the state to reflect the diversity of the areas covered. He emphasized the need to respect the diversity of Pennsylvania. He said, “I don’t want to see it changed in my community because I have heard nothing but positive feedback.”

19 Chairman Brooks asked Kozak if DHS would follow the recommendation of the legislature to pause in implementation of the broker model. Kozak responded that as the legislation is currently written, it does not have an option for DHS to not move forward.

Chairman Brooks asserted that the legislation required the RFA and that members in both the House and Senate say that the broker model may not be the correct method. She asked if legislators have DHS’s support in not moving forward in the procurement process. Kozak stated the final report is due and will be delivered by the end of December. She explained that DHS will then need time to review and determine whether to make any changes. She emphasized that DHS is mandated to move forward with the procurement.

Chairman Brooks asked Geibel for his interpretations. Geibel explained that the legislative requirements have been met, and DHS is not required to enter into contracts. He said, “We don’t believe that DHS has to make an award within two or three months as indicated in last month’s testimony at the House Transportation Committee.” Chairman Brooks remarked that is why members of the General Assembly are concerned.

Sen. Killion commented that legislators need to pause and make sure to do the right thing.

Chairman Brooks stated that there is a possibility that the brokerage model could cost additional dollars.

Sen. Schwank noted that the Berks Area Regional Transportation Authority (BARTA) has worked well. She asked Geibel what should be done when there is an existing system that works even though improvements might need to be made. Geibel stated that PPTA has been working with DHS to provide meaningful information about how to improve reimbursements rates above $0.12 per mile. He acknowledged that having more interaction with DHS is important. He asserted that because Philadelphia has 52 percent of the MATP market in Pennsylvania, the state is already receiving the “additional federal drawdowns.”

Sen. Schwank asked about wait times for MATP and the possibility of private/public partnerships to enhance the services. Geibel referenced investments in public transportation, specifically a scheduling and dispatch software that enables the setting of parameters and improves wait times. He asserted that under the current model, local control can help with wait times.

Sen. Schwank expressed her hopes that when the report is finalized, legislators will look to see what the best model is going forward.

Sen. Street asked whether, after the report is completed, DHS would be able to make recommendations to enhance the level of service. Kozak stated that DHS would follow the recommendations of the report. Sen. Street asked if DHS would be able to provide recommendations if the department determines that brokerage is not the appropriate model. Kozak stated that they could.

Edwards noted that a one-size-fits-all model cannot be used for the service and asked legislators to keep the system the way it is.

Iseman noted that there should be a policy of only three strikes, which allows for control.

Chairman Brooks asked DHS about the public model used in Kentucky, Oregon, and Vermont. Kozak responded that she is not personally familiar with that type of model and can get back to Chairman Brooks.

Chairman Brooks noted that there is a general concern of the direction of the MATP program. She noted that the issuance of an RFA and making an award are two different things.

Additional written testimony was submitted by: • Melissa Anese, government relations associate, County Commissioners Association of Pennsylvania (CCAP).

20 Senate Veterans Affairs and Emergency Preparedness Committee 11/20/19, 10:30 a.m., Room 461, Main Capitol By Robert Cochran, Pennsylvania Legislative Services

The committee met to consider legislation.

Chairman Mike Regan (R-Cumberland) recognized the attendance of U.S. Marshal for the Middle District of Pennsylvania Martin Pane, and acknowledged his work with Presidents Barack Obama and Donald Trump.

Chairman Regan added that Veterans Day was observed last week, and today the committee looks to move a “bipartisan package of bills” to support military veterans.

SB 957 Bartolotta, Camera - (PN 1380) Amends Title 51 (Military Affairs), in veteran-owned small businesses, establishing a Veteran, reservist or National Guard-owned business logotype, which shall include the Commonwealth Coat of Arms and the words “Pennsylvania veteran-owned business,” “Pennsylvania reservist-owned business” or “Pennsylvania National Guard-owned business.” The legislation provides for eligibility, issuance and administration of the logotypes and the system for verification. Money may be utilized from the Veterans’ Trust Fund to establish the logotypes and a system for verification. Violation of this act is a misdemeanor of the third degree if the individual fraudulently holds the logotype. Effective in 60 days. - The bill was unanimously reported as amended.

A03920 by Regan, removes the Office of Administration (OA) from the bill and directs any fines collected through this legislation to the Veterans Trust Fund. The amendment was unanimously adopted.

Chairman Regan added that this legislation was done similarly in Wisconsin.

Sen. Camera Bartolotta (R-Washington) said, “Senate Bill 957 shows our commitment to the entrepreneurial efforts of veterans.” She said the goal is to increase awareness and success of veteran- owned business. She explained her bill, saying the Department of Military and Veterans Affairs (DMVA) would create a special logotype for businesses owned by military veterans and those in the Army Reserve and National Guard. “Supporting the entrepreneurial spirit of our veterans not only shows our thanks to the brave individuals who served our commonwealth and our nation, but also helps the economy by supporting real job options and business opportunities in communities throughout the commonwealth.”

The senator added that military veterans have the energy, discipline and leadership to be successful business owners, “and we should support those that take the leap into owning their own businesses.” She added that developing a unique logo is “one simple way that we can support their dream.” As a mother of a military member, Sen. Bartolotta added she is concerned about veteran services.

Chairman Regan said that directing the fines to the Veterans Trust Fund is similar to what the legislature did regarding stolen valor.

SB 952 Regan, Mike - (PN 1370) Amends Title 51 (Military Affairs), in veterans’ preference, repealing provisions relating to soldier defined, providing for hiring preferences for qualified veterans seeking public employment and adding definitions. This legislation also repeals provisions relating to credits in civil service examinations and provides for additional points in grading civil service examinations for successfully passing a civil service appointment. The bill provides for hiring preference in appointment for non-civil service positions, the consideration of education and training received during the veteran’s service, and the exclusion of age or physical impairment to disqualify a veteran. The legislation also provides for a preferential rating provision in public works specifications, for including a veteran’s years of military service when using computation of seniority for reduction in force, and for the same preference of spouses. The bill establishes reporting requirements for the Office of Administration, the establishment of annual veterans’ preference guidelines, and veterans’ preference employment

21 policy in the private sector. Effective in 60 days. - The bill was unanimously reported as committed.

Chairman Regan explained the bill, saying that he introduced the legislation on behalf of the DMVA and OA.

Dusty Durand, director of policy planning and legislative affairs, DMVA, said the bill was introduced because of changes to Pennsylvania’s civil service and concerns regarding uniformity in administering veterans in that process. He indicated that this bill streamlines the process between state agencies based on their input.

Minority Chairman Pam Iovino (D-Allegheny) said she “loved this bill” but questioned if the intent of the bill was correct. She asked if the department wanted preference expanded to both the spouse of a disabled veteran and the widowed spouse of any veteran. Durand indicated that was correct; preference is expanded to both.

Sen. Lisa Baker (R-Luzerne) thanked Durand for his effort and opined that adding a veteran to the State Civil Service Commission “has been an important addition.” She asked if the legislation applies to non-civil service employment or just civil service. Durand said it would be applied to OA and civil service. He said that stakeholders “worked closely” with both parties on the matter.

Sen. Scott Hutchinson (R-Venango) said a state institution in his district is closing and that a veteran who works there used his veteran’s preference to obtain the job. Sen. Hutchinson noted the veteran is concerned that he already utilized his preference and cannot do so again. Durand indicated that veterans “don’t consume” their preference and it can be applied to other employment. He said he would have to understand how the veteran is viewing the concern, because military service towards retirement can only be done once and seniority issues exist. He added that “significant changes” occurred to veteran’s preference to align with federal standards, including definitions regarding discharges. He said veteran’s preference is extended for transitioning service members who are looking for employment within Pennsylvania. He said a transitioning service member from another state applying for a job would not receive veteran’s preference, and that would be corrected to allow veteran’s preference for all transitioning service members.

Chairman Iovino, regarding combined service and consistency with federal practices, said the federal government, for the purpose of a retirement benefit, combines uniform and civilian government service, and that this bill also includes that combined service would apply for one seniority status for promotions. She asked if that practice was different for the federal government. Durand said that the practice is an adjustment from the current state employment, but does not believe it applies for promotions “any longer.” He said federal military service can apply towards retirement, so long as someone is not receiving a federal pension. Regarding seniority for veteran’s preference, he said he would have to look again. Chairman Iovino asked whether combined service can be applied to seniority in the case of a reduction in the workforce. Durand said that was correct. Chairman Iovino asked if that is consistent with federal law. He said that is consistent with how the law was previously written, and that the bill makes no changes.

Sen. Doug Mastriano (R-Franklin) said the bill is a “great initiative” for extending gratitude “in a tangible way” towards veterans. He said it was a “wise move” to move towards more federal consistency, but that he would be more comfortable with an honorable or medical discharge instead of the Other Than Honorable (OTH) discharge. He asked for why it was included in the language. Durand said the OTH definition would be added to the statute, and that OTH is a discharge other than honorable or general and does not include administrative discharge. He said it would not consider any discharge below that and said it is consistent, although terminology changed. Sen. Mastriano said the military often provides a “less demeaning” discharge to get them removed from service. He asked about the plan for implementation. Durand said as soon as the bill moves, the department would create a guideline for implementation.

HB 630 Day, Gary - (PN 625) Amends Title 51 (Military Affairs), in military leave of absence, further providing for employment discrimination for military membership or duty adding applicability for an individual who is a member of a National Guard or reserve component from another state. Effective in 60 days. - The bill was unanimously reported as committed.\ Rep. Gary Day (R-Lehigh) said the bill is “fairly straight forward” and that a “gap” exists for a number of military and National Guard service members in Pennsylvania who need this protection.

22 HB 1050 Burns, Frank - (PN 1779) Amends an act conferring limited residency status on military personnel, their dependents and civilian personnel assigned to an active duty station in Pennsylvania, further providing for residency of students. The bill establishes that veterans, their spouses and dependent children; military personnel, their spouses and dependent children; and civilian personnel, their spouses and dependent children who are admitted to a public institution of higher learning or a state-related or state-owned institution shall be charged resident tuition rates provided that the student is a resident on the date of enrollment, registers for the corresponding term and remains in continuous enrollment at the institution. Effective in 60 days. (Prior Printer Number: 1213) - The bill was unanimously reported as committed.

Chairman Regan said the U.S. Department of Defense identified that some students lose their in-state tuition rate if their military parent is assigned to another state between the day they are accepted to a Pennsylvania college and the first day of the semester. He said this legislation would ensure military families would receive in-state tuition as soon as the student submits their deposit.

SB 276 Ward, Judy (F) - (PN 227) Amends Title 51 (Military Affairs), in veterans’ pensions and benefits, further providing for blind veteran’s pension and for amputee and paralyzed veteran’s pension by increasing the compensation from $150 to $180. Effective immediately. - The bill was unanimously reported as committed.

Sen. Judy Ward (R-Blair) explained her bill, adding that under current law, Pennsylvania veterans who suffered through service-connected injuries or diseases that result in loss of vision, paralysis or two or more extremities are eligible to receive a pension of $150 per month. She said her bill would increase the pension amount to $180 per month. She said both “vital” pension plans, Blind Veterans Pension Program and the Amputee and Paralyzed Veterans Pension Program, have not been increased since 1999. “This would apply to about 2,000 veterans,” she indicated. She said an amputee veteran approached her about the issue, and many disabled veterans “feel abandoned.” She said the $30 increase is “the least we can do to veterans who served for our country.”

Chairman Regan said that the legislation is a “very important bill which takes care of the great men and women who served and sacrificed so greatly.” Chairman Iovino remarked that DMVA is neutral on the bill, but indicated her support for it.

House Health Committee 11/20/19, 12:15 p.m., Room 205 Ryan Office Building By Matt Hess, Pennsylvania Legislative Services

The committee met to consider bills.

SB 906 Yudichak, John - (PN 1327) Amends the Mental Health and Intellectual Disability Act, in preliminary provisions, providing a technical change; and in responsibilities of the state, providing for a moratorium on the closure of state centers. This legislation provides for no closure of a state center until all Medicaid-waiver eligible persons have been granted waivers. Once waivers have been granted, the bill provides for the establishment of a taskforce to conduct an evaluation and provide recommendations to the Department of Human Services (DHS) prior to closure. The legislation also provides that if the taskforce votes for closure, DHS will prepare a plan for the closure and transition of individuals receiving care in the state facility to a home or community-based support system. Effective immediately. (Prior Printer Number: 1259, 1287) - The bill was passed over.

Chairman Kathy Rapp (R-Warren) apologized for arriving late because she was in discussions with Republican leadership in regard to Senate Bill 906.

Rep. Mike Turzai (R-Allegheny) requested that the committee go over the legislation until the House comes back in December. “We did refer the bill to the Health Committee as appropriate, but on behalf of our leadership team we have asked the chair, as we’ve had further discussions with the caucus, with the administration, and with the Senate, if we could ask for the vote to be postponed until either of the two weeks we are in December. I know we have put the chair in a difficult position but I 23 am speaking on behalf of the leadership team and we are appreciative of you taking that into account,” he stated. Chairman Rapp said the bill will be held over until December 11.

SB 432 Phillips-Hill, Kristin (F) - (PN 401) Amends the Achieving Better Care by Monitoring All Prescriptions Program (ABC- MAP) Act granting access to prescription information to certain personnel of an organization that has an agreement to be paid on a capitated basis to provide services to medical assistance beneficiaries, who are engaged in care management, the development and evaluation of quality improvement strategies, program integrity initiatives or conducting internal compliance reviews and data reporting for the medical assistance program. Effective in 60 days. - The bill was reported as committed with Democratic members voting in the negative.

Minority Chairman Dan Frankel (D-Allegheny) spoke against the legislation and urged a negative vote. “I am concerned about expansion beyond the existing scope of the Prescription Drug Monitoring Program (PDMP). Additionally, this adds existing requirements related to potential oversight and prosecution of individuals within our Medicaid program beyond what is required by the general public. I’m concerned about the selectivity of targeting low-income individuals for scrutiny,” he stated.

Rep. Pam DeLissio (D-Philadelphia) asked if any other insurers have access to the database. Republican Executive Director Whitney Metzler said they do not but she has been requested to draft legislation to allow them to do so.

House Rules Committee 11/20/19, 12:15 p.m., Room 245 Main Capitol By Mike Howells, Pennsylvania Legislative Services

The committee met to consider legislation.

HB 947 Schweyer, Peter - (PN 1329) Amends the Liquor Code, in licenses and regulations, liquor, alcohol and malt and brewed beverages, further providing for hours of operation relative to manufacturers, importing distributors and distributors; and, in distilleries, wineries, bonded warehouses, bailees for hire and transporters for hire, further providing for distilleries. The bill outlines the hours during which certain alcoholic beverages can be sold. Effective in 60 days. (Prior Printer Number: 1073) - The bill was unanimously reported as committed.

SB 733 Browne, Patrick - (PN 1324) The Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2019 provides grants for projects from the current revenues of the Pennsylvania Gaming Economic Development and Tourism Fund (GEDTF) by the Department of Community and Economic Development to a regional economic development corporation located in Lehigh or Northampton Counties for debt service on the construction of a science and education center. Provides the corporation may not expend more than one-tenth of one percent of grant funds for administrative costs incurred by the corporation. Requires the secretary of the budget to electronically provide a report to the members of the General Assembly within 10 days of the close of each quarter. The report shall include information on the authorized projects funded by the GEDTF and an estimate of the total amount of funds remaining available to be committed for additional projects. Effective immediately. (Prior Printer Number: 912, 945, 1083) - The bill was unanimously reported as committed.

24 House Appropriations Committee 11/20/19, 12:25 p.m., Room 140 Main Capitol By Mike Howells, Pennsylvania Legislative Services

The committee met to consider legislation.

HB 941 Heffley, Doyle - (PN 1748) Amends the Human Services Code, in public assistance, providing for financial disclosures for pharmacy services. The legislation provides for transparency in pharmacy benefit manager pricing in Medicaid and addresses inadequate reimbursement rates for pharmacies. Effective in 60 days. - The bill was unanimously reported as committed.

HB 942 Grove, Seth - (PN 2088) Amends the Human Services Code, in public assistance, establishing the Pharmaceutical and Therapeutics Committee. Provides for membership of the committee. Effective in 60 days. (Prior Printer Number: 1841) - The bill was unanimously reported as committed.

HB 943 Gaydos, Valerie (F) - (PN 2089) The Consumer Prescription Drug Pricing and Freedom Disclosure Act provides for consumer prescription drug pricing disclosure and pharmacy freedom to communicate. The bill states a pharmacy or pharmacist shall have the right to provide a covered individual with information concerning the cost of a prescription drug, including the individual’s cost share. A pharmacy, pharmacist or contracting agent of a pharmacy or pharmacist may not be prohibited from or penalized by a pharmacy benefits manager or pharmacy services administration organization for discussing said information, disclosing the availability of therapeutically-equivalent alternative medications or selling to the covered individual a more affordable alternative if an affordable alternative is available. A pharmacy benefits manager or pharmacy services administration organization shall not prohibit, restrict or limit written or oral disclosure of contract information by a pharmacist or pharmacy to any state, county or municipal official or before any state, county or municipal committee, body or proceeding. Effective in 60 days. (Prior Printer Number: 1587) - The bill was unanimously reported as committed.

HB 944 Fritz, Jonathan - (PN 2090) Amends the Human Services Code, in public assistance, authorizing the Department of the Auditor General to conduct an audit and review of a pharmacy benefits manager that provides pharmacy benefits management to a medical assistance managed care organization under contract with the department. The Department of the Auditor General may review all previous audits completed by the department and shall have access to all documents necessary to complete the review and audit. Effective in 60 days. (Prior Printer Number: 1588) - The bill was unanimously reported as committed.

HB 1220 Cruz, Angel - (PN 1426) The CMV Education and Newborn Testing Act provides for cytomegalovirus education and newborn testing. - The bill was unanimously reported as committed.

SB 572 Aument, Ryan - (PN 1285) Amends Title 35 (Health and Safety), in public safety, adding a chapter providing for opioid treatment agreements. Provides for definitions of “acute pain” and “chronic pain”. Before issuing an individual the first prescription in a single course of treatment for chronic pain with a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a prescriber shall: (1) assess whether the individual has taken or is currently taking a prescription drug for treatment of a substance use disorder, (2) discuss certain topics with the individual, (3) review and sign a treatment agreement form, (4) obtain written consent for the prescription from the individual, and (5) record the consent on the treatment agreement form. Effective immediately. (Prior Printer Number: 633, 862, 997) - The bill was reported as committed along a party-line vote with Democrats voting in the negative.

25 Senate Agriculture and Rural Affairs Committee 11/20/19, 12:30 p.m., Room 461, Main Capitol By Robert Cochran, Pennsylvania Legislative Services

The committee held a confirmation hearing to consider the reappointment of James Van Blarcom to the Milk Marketing Board (MMB).

Sen. Gene Yaw (R-Lycoming) introduced Van Blarcom. He said Van Blarcom is a graduate of Mansfield University and has served on the MMB since 2014. He affirmed Van Blarcom has expertise on the dairy industry, as his family operates a dairy farm and raises hogs. “I can’t think of a better recommendation for the MMB,” he added.

Van Blarcom thanked the committee and said he enjoyed the last five years on the board. He indicated he has a new executive board to work with and the board has a challenge regarding milk sales in the commonwealth. “Our dairy industry has suffered for the last five years,” he added. Van Blarcom said he looks forward to working with the administration, legislature and the MMB to assist with all aspects of the dairy industry.

Minority Chairman Judy Schwank (D-Berks) thanked Van Blarcom for his work on the board, remarking he has been on the board during its transition. She commended Van Blarcom for being open to changes and continuing conversations regarding the industry. She endorsed his reappointment to the board.

Sen. Sharif Street (D-Philadelphia) thanked Van Blarcom for his hospitality during a visit to his dairy farm to learn more about dairy issues. He endorsed his reappointment to the board.

Sen. Michele Brooks (R-Mercer) requested the MMB to holistically examine how to assist small dairy farmers in the commonwealth. She commended Van Blarcom’s dedication to the dairy industry, and said challenges exist regarding mandates and regulations. She requested Van Blarcom to look into how to help small dairy producers. Van Blarcom said the “economic forces” working against the industry, particularly small farms, are going to intensify rather than go away. He said the board will continue to work on finding ways “to get more money in the pockets of our smaller farms.” He said it will continue to be a challenge, “but we’re going to do our best.”

Sen. Andrew Dinniman (D-Chester) spoke on his family’s farming history. He asked what supplemental measures dairy farmers can take to improve economically, such as agro-tourism. He also asked how the MMB has supported those supplemental measures and what the legislature can do to help. Van Blarcom said some agro-tourism occurs on his family farm, but that the MMB has not done anything in terms of supplemental income. He explained that the MMB is a regulatory board, but that in the last year the board has “pushed the envelope” in assisting the industry in other ways. He added, “But we’re somewhat constrained by the law.” He said that’s why the board works with the legislature to obtain “more tools” in assisting the dairy industry.

Sen. Dinniman said that because the board is limited in their functionality, they cannot “save” the industry. He said that despite being a growing district, parts of Chester County remain committed to agriculture. He claimed that Chester County has the second highest agriculture production in the commonwealth, which he attributed to mushrooms. Sen. Dinniman recommended Van Blarcom send concerns to either chairman if he has any suggestions for the committee. Van Blarcom said the board has looked closely at what Maine has accomplished with its dairy industry, despite being smaller in scale. He said the board is trying to bring ideas from Maine to the Pennsylvania legislature. Sen. Dinniman asked for an example. Van Blarcom said Maine places a fee on some milk being sold for smaller dairy farms. He added that Maine’s program is focused on small dairy farms, as distribution is based on the amount of cows.

Sen. Dinniman asked if Maine or any other state managed to label dairy accurately at supermarkets. Van Blarcom said no and that is a problem across the country. Sen. Dinniman highlighted a resolution passed in the House that urges whole milk in schools and asked if that was helpful for the industry. Van Blarcom said it is “critically important” to return whole milk to schools. Sen. Dinniman spoke on the dietary benefits of whole milk. Van Blarcom said the fat in whole milk is good for young growing people. He said without the fat, the vitamins and minerals in milk do not get absorbed as much. Sen. Dinniman

26 wished Van Blarcom well and spoke of his family’s history in farming.

Sen. Street said that the Philadelphia delegation worked with the board in issuing a letter to the School District of Philadelphia encouraging schools to restore whole milk in cafeterias. He added that if every child had one carton of milk every day, it would generate 40 million cartons of milk annually. He encouraged schools in the Philadelphia suburbs to restore whole milk in schools. Sen. Dinniman said he would embrace the issue, but said many still want skim milk.

Sen. Brooks said it was her understanding that the Department of Education (PDE) was going to discuss whole milk in schools with all school districts in Pennsylvania. She asked the MMB to follow up with the department, and added the legislature would as well. She said the federal government tried eliminating whole milk previously.

Sen. Dinniman said he would draft legislation encouraging whole milk in schools as the minority chairman of the Senate Education Committee.

Chairman Elder Vogel (R-Beaver) remarked that the MMB is “heading in the right direction again.”

The nomination was unanimously re-referred to the Senate Rules committee.

Senate Appropriations Committee 11/20/19, 4:15 p.m., Rules Committee Conference Room, Main Capitol Building By Sheri Melnick, Pennsylvania Legislative Services

The committee met to consider legislation.

HB 355 Reese, Mike - (PN 2110) Amends the Public School Code, in preliminary provisions, providing that public school entity advertising cannot refer to expenses as free, and any reference to tuition or transportation costs must stipulate that the cost is covered by taxpayer dollars; and in charter schools, providing for a definition of administrator, assessment, educational management service provider, immediate family member, state system institution and nonrelated, removing the definition of chief executive officer, providing that the trustees of a charter school shall file a statement of financial interests, stipulating powers of the board of trustees, and indicating fund balance limits. Section 128, relating to advertising requirements, shall be effective in 180 days. The remainder of the act is effective in 60 days. (Prior Printer Number: 1744) - The bill was unanimously reported as committed.

HB 1542 Saylor, Stanley - (PN 2601) Amends the Liquor Code authorizing any eligible entity to obtain a special occasion permit for nine consecutive or non-consecutive days throughout the year in addition to 10 consecutive days. Allows third parties working in conjunction with a special occasion permit holder to collect and manage funds raised using a special occasion permit if the holder is primary host of the event and funds raised are used for the benefit of the permit holder. Amends definition of “eligible entity.” Effective in 60 days. (Prior Printer Numbers: 1959, 2513) - The bill was unanimously reported as committed.

HB 1982 Benninghoff, Kerry - (PN 2787) Amends Title 71 (State Government), in membership, credited service, classes of service, and eligibility for benefits, establishing that the determination of the contributions that an employee organization pays the commonwealth shall be made without regard to any setoff the commonwealth or any employer receives for advanced payment of accrued liability contributions; in contributions, providing that shared-risk member contributions and shared-gain adjustments to regular member contributions is determined without regard to any setoff the commonwealth or any employer receives for advance payment of accrued liability contribution; in administration, funds, accounts and general provisions further providing for administrative duties of the board and establishing the ability of advance payment of accrued liability contributions. Effective immediately. - The bill was unanimously reported as committed.

27 NEW LEGISLATION

HB 2025 Struzzi, James (F) (R) Act authorizing DEP to conduct a public comment process on and submit to the General Assembly a measure or action intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee on emissions. Nov 20, 2019 - H-Introduced and referred to committee on House Environmental Resources and Energy

HB 2073 Moul, Dan (R) Amends the First Class Township Code, for taxation and legal advertising, relating to elections & population ascertainment, the construction of boundaris, public official salaraies & pensions, the filling of vacancies, repealing provisions. Nov 20, 2019 - H-Introduced and referred to committee on House Local Government

HB 2074 Freeman, Robert (D) Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for exemptions and special provisions relating to taxation. Nov 20, 2019 - H-Introduced and referred to committee on House Finance

HB 2075 Hennessey, Tim (R) Amends the Human Services Code, in medical assistance, further providing for nonemergency medical transportation services. Nov 20, 2019 - H-Introduced and referred to committee on House Health

HB 2076 Fitzgerald, Isabella (D) Amends Title 18 (Crimes & Offenses), in firearms, providing for licenses; and, in licensing of drivers, for issuance & content of driver’s license, & for revocation of license following acquisition, expiration or revocation. Nov 20, 2019 - H-Introduced and referred to committee on House Judiciary

HB 2077 Fitzgerald, Isabella (D) Amends Title 18 (Crimes & Offenses), in firearms and other dangerous articles, providing for safe storage of firearm when not in use. Nov 20, 2019 - H-Introduced and referred to committee on House Judiciary

HB 2078 Fitzgerald, Isabella (D) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, further providing for definitions and for sale or transfer of firearms. Nov 20, 2019 - H-Introduced and referred to committee on House Judiciary

HB 2079 Comitta, Carolyn (D) Act authorizing DGS, with approval of West Chester University & the Gov., to grant & convey to Aqua PA, Inc., or its assigns, an existing water tower & permanent utility easement from lands of the Commonwealth for public water distribution. Nov 20, 2019 - H-Introduced and referred to committee on House State Government

HB 2081 Greiner, Keith (R) Act providing for management of municipal pension plans and for penalties. Nov 20, 2019 - H-Introduced and referred to committee on House Local Government

HB 2082 Gregory, James (F) (R) Amends Title 51 (Military Affairs), in veterans’ pensions and benefits, further providing for blind veteran’s pension and for amputee and paralyzed veteran’s pension. Nov 20, 2019 - H-Filed

28 HB 2083 Hohenstein, Joseph (F) (D) Act providing for rights of deaf students, for duties of school entities and for duties of Department of Education. Nov 20, 2019 - H-Filed

HB 2084 Hohenstein, Joseph (F) (D) Amends the Public School Code, in preliminary provisions, providing for Deaf Education Commission. Nov 20, 2019 - H-Filed

HB 2085 Mullery, Gerald (D) Amends Title 66 (Public Utilities), in service and facilities, providing for overhead utility pole repair by public utility. Nov 20, 2019 - H-Filed

HB 2086 Gabler, Matt (R) Amends Title 75 (Vehicles), in general provisions, further providing for definitions. Nov 20, 2019 - H-Filed

HB 2087 Everett, Garth (R) Amends Title 26 (Eminent Domain), in just compensation and measure of damages, further providing for limited reimbursement of appraisal, attorney and engineering fees. Nov 20, 2019 - H-Filed

HB 2088 Snyder, Pam (D) Act designating the bridge, on that portion of State Route 2003, over the S. Fork Tenmile Creek in Waynesburg, Greene County, as the Sheriff Brian A. Tennant Memorial Bridge, designating the PFC Joseph Frank Duda Memorial Interchange. Nov 20, 2019 - H-Filed

HB 2089 Mullins, Kyle (F) (D) Amends Title 51 (Military Affairs), providing for leaves of absence, for anti-retaliation protection for military spouses and for employment protection. Nov 20, 2019 - H-Filed

HR 616 Maloney, David (R) Resolution congratulating Roger Penske on being awarded the Presidential Medal of Freedom. Nov 20, 2019 - H-Filed

HR 617 Goodman, Neal (D) Resolution designating the month of December 2019 as “Made in PA Month” in Pennsylvania. Nov 20, 2019 - H-Filed

HR 618 Thomas, Wendi (F) (R) Resolution recognizing the month of January 2020 as “National Human Trafficking Awareness Month” in Pennsylvania. Nov 20, 2019 - H-Filed

SB 11 Costa, Jay (D) Amends PA Election Code, in Secretary of the Commonwealth, in primary and election expenses, for organization of political committees, reporting &limitations, filing fees, contributions, advertising, reports and accountability. Nov 20, 2019 - S-Filed Nov 20, 2019 - S-Introduced and referred to committee on Senate State Government

29 SB 950 Pittman, Joe (R) Act authorizing DEP to conduct public comment process on and submit to the General Assembly a measure/act intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee. Nov 20, 2019 - S-Filed Nov 20, 2019 - S-Introduced and referred to committee on Senate Environmental Resources and Energy

SB 958 Mastriano, Doug (R) Amends Title 8 (Boroughs and Incorporated Towns), in manufacture and supply of electricity, further providing for specific powers. Nov 20, 2019 - S-Filed Nov 20, 2019 - S-Introduced and referred to committee on Senate Local Government

SB 959 Bartolotta, Camera (R) Amends Human Services Code, in public assistance, further providing for medical assistance payments for institutional care. Nov 20, 2019 - S-Filed Nov 20, 2019 - S-Introduced and referred to committee on Senate Health and Human Services

LEGISLATIVE ACTIONS

HB 17 Ryan, Frank (R) (PN 1851) Amends the Tax Reform Code, in personal income tax, adding a new section establishing a 10-year time period for the Department of Revenue to collect all assessed state taxes. Provides an exception for the inheritance tax. The new section shall take effect January 1, 2021, and the remainder will take effect immediately. (Prior Printer Number: 37) Nov 20, 2019 - H-Received as amended in House and rereferred HRULES

HB 57 Fritz, Jonathan (R) (PN 1678) Act abolishing the following state authorities, boards, commissions, committees, councils and representatives: (1) the Advisory Committee on Probation within the Pennsylvania Board of Probation and Parole, (2) the Industrial Resource Center Strategic Advisory Board within the Department of Community and Economic Development, (3) the Joint Committee to Review the Cost-of-Living Supplements under 24 Pa.C.S. 8348 (relating to supplemental annuities) and 71 Pa.C.S. 5708 (relating to supplemental annuities), (4) the Pennsylvania Public Television Network Commission, (5) the Public Television Broadcasting Advisory Council, (6) the Pennsylvania Quality Leadership Awards Council, (7) the Small Business Advocacy Council within the Department of Community and Economic Development, and (8) the Tobacco Use Prevention and Cessation Advisory Committee within the Department of Health. The act makes related repeals. Effective in 60 days. (Prior Printer Number: 913, 1452) Nov 20, 2019 - H-Signed in the House Nov 20, 2019 - S-Signed in the Senate

HB 79 Isaacson, Mary (F) (D) (PN 82) The Childhood Blood Lead Test Act requires health care providers to make reasonable efforts to ensure the testing of all children in the commonwealth at one and two years of age for the presence of lead, and comply with associated reporting regulations. Also confers duties on the Department of Health. Effective in 60 days. Nov 20, 2019 - H-Voted favorably from committee as amended House Children and Youth Nov 20, 2019 - H-Reported as amended House Children and Youth Nov 20, 2019 - H-First consideration Nov 20, 2019 - H-Laid on the table

30 HB 102 Maloney, David (R) (PN 101) Amends Title 34 (Game), in hunting and furtaking licenses, further providing for eligibility for license by adding that upon request of the commission, all public school districts shall make a school facility under their control available for the purpose of conducting a hunter education course. Classes may occur as an after-school or weekend function or any other day when school is not in session. Effective in 60 days. Nov 20, 2019 - S-Voted favorably from committee on Senate Game and Fisheries Nov 20, 2019 - S-Reported as committed from Senate Game and Fisheries Nov 20, 2019 - S-First consideration

HB 137 Quinn, Chris (R) (PN 2759) Amends the Controlled Substance, Drug, Device and Cosmetic Act further providing for drug overdose response immunity. Provides a person experiencing a drug overdose event may not be charged and shall be immune from prosecution only if a person who transported or reported and remained with them may not be charged and is entitled to immunity, and within 30 days obtains screening or treatment after receiving the written notice regarding requirements from the arresting law enforcement officer, attorney for the commonwealth, issuing authority or trial court. Effective in 60 days. (Prior Printer Number: 130) Nov 20, 2019 - H-Removed from the table

HB 227 Gabler, Matt (R) (PN 197) Amends the Pennsylvania Election Code, in nomination of candidates, providing that ten signers are required for nomination petitions of candidates for school director at primaries. Effective in 60 days. Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 49 YEAS 0 NAYS

HB 321 Klunk, Kate (R) (PN 1404) Amends Title 18 (Crimes and Offenses), in abortion, defining “Down syndrome” and further providing for medical consultation and judgment by stipulating that no abortion shall be deemed necessary if sought exclusively for either or both of the following reasons: (1) the sex of the unborn child; and (2) a prenatal diagnosis of, or belief that the unborn child has, Down syndrome. Effective in 60 days. Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 27 YEAS 22 NAYS

HB 355 Reese, Mike (R) (PN 2110) Amends the Public School Code, in preliminary provisions, providing that public school entity advertising cannot refer to expenses as free, and any reference to tuition or transportation costs must stipulate that the cost is covered by taxpayer dollars; and in charter schools, providing for a definition of administrator, assessment, educational management service provider, immediate family member, state system institution and nonrelated, removing the definition of chief executive officer, providing that the trustees of a charter school shall file a statement of financial interests, stipulating powers of the board of trustees, and indicating fund balance limits. Section 128, relating to advertising requirements, shall be effective in 180 days. The remainder of the act is effective in 60 days. (Prior Printer Number: 1744) Nov 20, 2019 - S-Second consideration Nov 20, 2019 - S-Rereferred to Senate Appropriations Nov 20, 2019 - S-Voted favorably from committee on Senate Appropriations Nov 20, 2019 - S-Reported as committed from Senate Appropriations

31 HB 410 Oberlander, Donna (R) (PN 385) Amends the Human Services Code, in public assistance, providing for compensable services and items; and abrogating a related regulation. The bill establishes that an anti-obesity drug approved by the Food and Drug Administration of the United States Department of Health and Human Services shall be considered a compensable item under the medical assistance program. Effective in 60 days. Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Rereferred to House Appropriations

HB 533 Owlett, Clint (R) (PN 525) The Health Care Practitioner Credentialing Act provides for the use of certain credentialing applications and for credentialing requirements for health insurers; imposes penalties; and confers powers and imposing duties on the Insurance Department. All health insurers licensed to do business in this Commonwealth shall be required to accept the CAQH (Council for Affordable Quality Healthcare) credentialing application or other form designated by the Insurance Department so long as the form is nationally recognized as an appropriate credentialing application when submitted by a health care practitioner for participation in the health insurer’s provider panel. All health care practitioners shall use the CAQH or other designated form. An application shall be considered complete if the application is submitted through the CAQH electronic process or other process as designated by the Insurance Department and all required information is provided. Effective in 180 days. Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-1 Floor amendment(s) adopted Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Over in House Nov 20, 2019 - H-Rereferred to House Appropriations

HB 584 Kortz, Bill (D) (PN 591) Amends Title 30 (Fish), in fishing licenses, further providing for exemptions from license requirements for therapeutic recreational programs. Effective in 60 days. Nov 20, 2019 - S-Voted favorably from committee on Senate Game and Fisheries Nov 20, 2019 - S-Reported as committed from Senate Game and Fisheries Nov 20, 2019 - S-First consideration

HB 616 Owlett, Clint (R) (PN 2760) Amends the Controlled Substance, Drug, Device and Cosmetic Act adding carfentanil as a schedule II substance. Effective immediately. (Prior Printer Number: 611) Nov 20, 2019 - H-Removed from the table

HB 617 Gillespie, Keith (R) (PN 612) Amends Title 34 (Game), in hunting and furtaking licenses, providing for a volunteer instructor license, which shall be issued by the commission to an individual who is a resident of this Commonwealth and is certified by the commission as qualified to teach any of the hunter or trapper education curricula offered by the commission.This shall not apply to a full-time employee of the commission. The license fee shall be $1. Effective in 60 days. Nov 20, 2019 - S-Voted favorably from committee on Senate Game and Fisheries Nov 20, 2019 - S-Reported as committed from Senate Game and Fisheries Nov 20, 2019 - S-First consideration

HB 630 Day, Gary (R) (PN 625) Amends Title 51 (Military Affairs), in military leave of absence, further providing for employment discrimination for military membership or duty adding applicability for an individual who is a member of a National Guard or reserve component from another state. Effective in 60 days. Nov 20, 2019 - S-Voted favorably from committee on Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-Reported as committed from Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-First consideration

32 HB 754 Thomas, Wendi (F) (R) (PN 804) Amends the State Lottery Law extending the current Social Security cost of living adjustment moratorium until December 31, 2021. Effective immediately. Nov 20, 2019 - H-Signed in the House Nov 20, 2019 - S-Signed in the Senate

HB 917 Schmitt, Lou (F) (R) (PN 1055) Repeals the act of May 17, 1929 (P.L.1805, No.598), entitled “An act authorizing municipalities other than townships to acquire by gift, devise, or bequest, lands, chattels, securities and funds for the establishment and maintenance of a hospital; to appoint trustees of such property and funds, subject to the approval of the orphans’ court; to operate and maintain such hospital through and by means of such trustees; and to expend municipal funds to aid in the establishment and maintenance of such hospital.” Effective in 60 days. Nov 20, 2019 - S-Second consideration

HB 941 Heffley, Doyle (R) (PN 1748) Amends the Human Services Code, in public assistance, providing for financial disclosures for pharmacy services. The legislation provides for transparency in pharmacy benefit manager pricing in Medicaid and addresses inadequate reimbursement rates for pharmacies. Effective in 60 days. Nov 20, 2019 - H-Voted favorably from committee on House Appropriations Nov 20, 2019 - H-Reported as committed from House Appropriations Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Third consideration Nov 20, 2019 - H-Final Passage by a vote of 197 YEAS 0 NAYS

HB 942 Grove, Seth (R) (PN 2088) Amends the Human Services Code, in public assistance, establishing the Pharmaceutical and Therapeutics Committee. Provides for membership of the committee. Effective in 60 days. (Prior Printer Number: 1841) Nov 20, 2019 - H-Voted favorably from committee on House Appropriations Nov 20, 2019 - H-Reported as committed from House Appropriations Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Third consideration Nov 20, 2019 - H-Final Passage by a vote of 197 YEAS 0 NAYS

HB 943 Gaydos, Valerie (F) (R) (PN 2089) The Consumer Prescription Drug Pricing and Freedom Disclosure Act provides for consumer prescription drug pricing disclosure and pharmacy freedom to communicate. The bill states a pharmacy or pharmacist shall have the right to provide a covered individual with information concerning the cost of a prescription drug, including the individual’s cost share. A pharmacy, pharmacist or contracting agent of a pharmacy or pharmacist may not be prohibited from or penalized by a pharmacy benefits manager or pharmacy services administration organization for discussing said information, disclosing the availability of therapeutically-equivalent alternative medications or selling to the covered individual a more affordable alternative if an affordable alternative is available.A pharmacy benefits manager or pharmacy services administration organization shall not prohibit, restrict or limit written or oral disclosure of contract information by a pharmacist or pharmacy to any state, county or municipal official or before any state, county or municipal committee, body or proceeding. Effective in 60 days. (Prior Printer Number: 1587) Nov 20, 2019 - H-Voted favorably from committee on House Appropriations Nov 20, 2019 - H-Reported as committed from House Appropriations Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Third consideration Nov 20, 2019 - H-Final Passage by a vote of 197 YEAS 0 NAYS

33 HB 944 Fritz, Jonathan (R) (PN 2090) Amends the Human Services Code, in public assistance, authorizing the Department of the Auditor General to conduct an audit and review of a pharmacy benefits manager that provides pharmacy benefits management to a medical assistance managed care organization under contract with the department. The Department of the Auditor General may review all previous audits completed by the department and shall have access to all documents necessary to complete the review and audit. Effective in 60 days. (Prior Printer Number: 1588) Nov 20, 2019 - H-Voted favorably from committee on House Appropriations Nov 20, 2019 - H-Reported as committed from House Appropriations Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Third consideration Nov 20, 2019 - H-Final Passage by a vote of 197 YEAS 0 NAYS

HB 947 Schweyer, Peter (D) (PN 1329) Amends the Liquor Code, in licenses and regulations, liquor, alcohol and malt and brewed beverages, further providing for hours of operation relative to manufacturers, importing distributors and distributors; and, in distilleries, wineries, bonded warehouses, bailees for hire and transporters for hire, further providing for distilleries. The bill outlines the hours during which certain alcoholic beverages can be sold. Effective in 60 days. (Prior Printer Number: 1073) Nov 20, 2019 - H-Received as amended in House and rereferred HRULES Nov 20, 2019 - H-Voted favorably from committee on House Rules Nov 20, 2019 - H-Re-reported on concurrence as committed HRULES Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-House concurred in Senate amendments by a vote of 194 YEAS 3 NAYS Nov 20, 2019 - H-Signed in the House Nov 20, 2019 - S-Signed in the Senate

HB 962 Rozzi, Mark (D) (PN 1352) Amends Title 42 (Judiciary and Judicial Procedure), in limitation of time, further providing for six months limitation, for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; and, in matter affecting government units, further providing for exceptions to sovereign immunity, for limitations on damages in actions against commonwealth parties, for exceptions to governmental immunity and for limitations on damages in actions against local parties. The legislation provides no limitation on prosecution for certain sexual crimes or a conspiracy or solicitation to commit one of those offenses. Portions are effective immediately and the remainder is effective upon the passage of HB 963. (Prior Printer Number: 1131, 1187) Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-1 Floor amendment(s) adopted Nov 20, 2019 - S-Over in Senate Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 48 YEAS 0 NAYS

HB 963 Gregory, James (F) (R) (PN 1130) Joint resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for courts to be open and suits against the Commonwealth. The bill allows an individual for whom a statutory limitations period has already expired two years from the effective date to commence legal action regarding childhood sexual abuse. Constitutional amendments require approval in two consecutive legislative sessions and then approval by the voters through a referendum. Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 42 YEAS 6 NAYS

34 HB 1045 Turzai, Mike (R) (PN 1186) Amends Title 64 (Public Authorities & Quasi-Public Corporations), in Commonwealth Financing Authority, further providing for the board. The bill establishes that the board shall meet on the second Tuesday of every other month, beginning with January, and may meet at the call of the chairperson. Effective in 60 days. Nov 20, 2019 - S-Second consideration

HB 1050 Burns, Frank (D) (PN 1779) Amends an act conferring limited residency status on military personnel, their dependents and civilian personnel assigned to an active duty station in Pennsylvania, further providing for residency of students. The bill establishes that veterans, their spouses and dependent children; military personnel, their spouses and dependent children; and civilian personnel, their spouses and dependent children who are admitted to a public institution of higher learning or a state-related or state-owned institution shall be charged resident tuition rates provided that the student is a resident on the date of enrollment, registers for the corresponding term and remains in continuous enrollment at the institution. Effective in 60 days. (Prior Printer Number: 1213) Nov 20, 2019 - S-Voted favorably from committee on Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-Reported as committed from Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-First consideration

HB 1051 Stephens, Todd (R) (PN 1457) Amends Title 23 (Domestic Relations), in child protective services, further providing for penalties for failure to report suspected child abuse by mandated reporters. Increases the offense of willfully failing to report suspected child abuse by a mandate reporter when it is a “continuing course of action” from a misdemeanor of the first degree to a felony of the third degree. Further provides if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree. Effective in 60 days. (Prior Printer Number: 1214) Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 47 YEAS 1 NAYS

HB 1171 Toohil, Tarah (R) (PN 1456) Amends Title 42 (Judiciary and Judicial Procedure) adding a new section relating to contracts or agreements for nondisclosure of certain conduct. Prohibits nondisclosure agreements in relation to childhood sexual abuse. Further provides other nondisclosure agreements/contracts may be presumed valid if they include notice to all parties of their right to speak to law enforcement about the agreement. Effective in 60 days. (Prior Printer Number: 1349) Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 48 YEAS 0 NAYS

HB 1203 Ryan, Frank (R) (PN 2814) Amends Title 53 (Municipalities Generally), in municipal authorities, adding language providing a set of standard guidelines that require an increased standard for review for a certified public accountant to follow when completing the authority’s annual audit. Further provides if the review by the municipality is conducted within a year of an authority’s annual audit, the review shall be done at the expense of the municipality and the authority shall be exempt the following fiscal year from conducting an audit. If the review by the municipality is being done due to the failure of the authority to make an annual audit, the review shall be at the expense of the authority. Effective in 60 days. (Prior Printer Number: 1415, 1738) Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-1 Floor amendment(s) adopted Nov 20, 2019 - S-Over in Senate

35 HB 1220 Cruz, Angel (D) (PN 1426) The CMV Education and Newborn Testing Act provides for cytomegalovirus education and newborn testing. Nov 20, 2019 - H-Voted favorably from committee on House Appropriations Nov 20, 2019 - H-Reported as committed from House Appropriations Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Third consideration Nov 20, 2019 - H-Final Passage by a vote of 197 YEAS 0 NAYS

HB 1283 Moul, Dan (R) (PN 1854) Amends Titles 42 (Judiciary and Judicial Procedure), in judgments and other liens, further providing for exemption of particular property. Exempts from attachment or execution on a judgment any allocated or unallocated group annuity contract issued to an employer or a pension plan for the purpose of providing retirement benefits to employees or retirees of the employer under a defined benefit plan, which retirement benefits: (1) were protected under the Employee Retirement Income Security Act of 1974 or the Federal Pension Benefit Guaranty Corporation prior to the effective date of the group annuity contract, or (2) will not be protected under the Employee Retirement Income Security Act of 1974 or the Federal Pension Benefit Guaranty Corporation on and after the effective date of the group annuity contract. Effective in 60 days. (Prior Printer Number: 1551, 1804) Nov 20, 2019 - H-Laid on the table Nov 20, 2019 - H-Removed from the table

HB 1290 Polinchock, Todd (F) (R) (PN 2818) Amends Title 23 (Domestic Relations) adding language providing a county agency or law enforcement official who receives a report of suspected child abuse shall immediately notify the Department of Human Services. If the report concerns a military family, the department shall notify the family advocacy program representative for the commonwealth and the designated family advocacy program representative of the assigned military installation. Further provides for the specific information to be included in the notice to the service member’s duty station or the advocacy program. Effective December 31, 2020. (Prior Printer Number: 1558) Nov 20, 2019 - H-Removed from the table

HB 1402 Nesbit, Tedd (R) (PN 2817) Amends Title 18 (Crimes and Offenses), in sexual offenses, establishing the offense of sexual extortion. Requires the Commission on Sentencing to provide for a sentencing enhancement within its guidelines for offenses committed when the complainant is under the age of 18, has an intellectual disability, or the actor holds a position of trust or supervisory or disciplinary power over the complainant. Effective in 60 days. (Prior Printer Number: 1722, 1835, 2006) Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 48 YEAS 0 NAYS

HB 1537 Harkins, Patrick (D) (PN 2812) Amends the Unemployment Compensation Law providing for a cap on costs incurred in calendar years 2019 and 2020, and for the deposit of funds into the Service and Infrastructure Improvement Fund according to certain guidelines. Also fixes technical errors in Act 144 of 2016. Effective immediately. (Prior Printer Number: 1936) Nov 20, 2019 - S-Second consideration Nov 20, 2019 - S-Rereferred to Senate Appropriations

36 HB 1542 Saylor, Stanley (R) (PN 2601) Amends the Liquor Code authorizing any eligible entity to obtain a special occasion permit for nine consecutive or non-consecutive days throughout the year in addition to 10 consecutive days. Allows third parties working in conjunction with a special occasion permit holder to collect and manage funds raised using a special occasion permit if the holder is primary host of the event and funds raised are used for the benefit of the permit holder. Amends definition of “eligible entity.” Effective in 60 days. (Prior Printer Numbers: 1959, 2513) Nov 20, 2019 - S-Voted favorably from committee on Senate Appropriations Nov 20, 2019 - S-Reported as committed from Senate Appropriations

HB 1547 Pyle, Jeff (R) (PN 2819) Act designating the highway interchange of U.S. Route 422 with Pennsylvania Route 66, Manor Township, Armstrong County, as the Senator Donald C. White Interchange; a portion of Pennsylvania Route 144 in Centre County as the Duster-Quaid 50-Searchlight Highway; a bridge in Somerset County as the Harry Beal Bridge; a bridge in Somerset County as the John Vatavuk Memorial Bridge; a bridge in York County as the Staff Sergeant Gary Crone Memorial Bridge; a bridge on US Route 219 over Walters Mill Road as the Mark J. Baserman Memorial Bridge; a bridge in Wayne County as the PFC Raymond P Schwesinger Memorial Bridge; a bridge in Cambria County as the SFC Raymond R. Buchan Memorial Bridge; a bridge in Montgomery County as the Captain Samuel Schultz Memorial Bridge; a bridge in Cambria County as the Private Cyril T. Yeckley Memorial Bridge; a bridge in Indiana County as the Specialist Beverly S. Clark Memorial Bridge; a bridge in Indiana County as the Private Chancy Franklin Davis Memorial Bridge; a bridge in Indiana County as the Private Martin J. Popson Memorial Bridge; a bridge in Indiana County as the Private Ralph E. Dias Memorial Bridge; a bridge in Indiana County as the Dr. Patricia Hilliard-Robertson Memorial Bridge; a bridge in Lancaster County as the Sheriff Terry A. Bergman Memorial Bridge; a portion of State Route 3059 in York County as the Corporal Earl H. Markle Memorial Road; a portion of State Route 2012 in Monroe County as the Samuel Newman Way; and making a related repeal. Effective in 60 days. (Prior Printer Number: 1963) Nov 20, 2019 - H-Received as amended in House and rereferred HRULES

HB 1750 Thomas, Wendi (F) (R) (PN 2341) Amends the First Class Township Code to allow newly-elected supervisors to attend conferences, institutes, schools and conventions prior to officially taking office. Effective in 60 days. Nov 20, 2019 - H-Removed from the table

HB 1751 Thomas, Wendi (F) (R) (PN 2832) Amends Title 8 (Boroughs and Incorporated Towns) and 11 (Cities) to allow newly-elected supervisors to attend conferences, institutes, schools and conventions prior to officially taking office. Effective in 60 days. (Prior Printer Number: 2342) Nov 20, 2019 - H-Removed from the table

HB 1772 Keefer, Dawn (R) (PN 2821) Amends Title 18 (Crimes and Offenses), in burglary and other criminal intrusion, establishing that a defiant trespasser commits an offense for violations on property or land marked with “no hunting” paints.The legislation specifies that the “no hunting” paint must be at least eight inches long and one inch wide and between three and five feet above the ground on trees or posts around the property. The paint marks may not be more than 100 feet apart from the next closest paint mark and shall be placed so that the paint marks are readily visible to a person approaching the property. Provides an exception for an unarmed person who enters onto posted property for the sole purpose of retrieving a hunting dog. Also provides the requirement for the placement of identifying purple paint marks shall not apply to a county of the first class and a county of the second class. Effective in 60 days. (Prior Printer Number: 2363, 2761) Nov 20, 2019 - S-Second consideration

37 HB 1800 Turzai, Mike (R) (PN 2599) Amends the Public School Code, in school district financial recovery, establishing a pilot tuition grant program for students residing in the Harrisburg School District. The grant is equal to the per-student basic education subsidy. Half of each grant would be provided by the Harrisburg School District, and half would be provided by the state. This amount would be reduced on a pro-rata basis if a student attends a school where the total of tuition and fees is less than the basic education subsidy. The bill includes guidelines and policies for the appointed receiver to follow. Effective immediately. Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Over in House

HB 1879 Gillespie, Keith (R) (PN 2600) Amends Title 18 (Crimes & Offenses), in assault, further providing for the offense of aggravated assault by including a health care practitioner or technician as enumerated persons. Effective in 60 days. Nov 20, 2019 - H-Removed from the table

HB 1880 Gillespie, Keith (R) (PN 2615) Amends the Health Care Facilities Act removing the requirement for surnames to be displayed on health care employees’ identification badges. Provides a notation, marker or indicator included on an identification badge that differentiates employees with the same first name shall, as determined by the facility, be considered acceptable in lieu of displaying an employee’s last name. Effective in 60 days. Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Rereferred to House Appropriations

HB 1982 Benninghoff, Kerry (R) (PN 2787) Amends Title 71 (State Government), in membership, credited service, classes of service, and eligibility for benefits, establishing that the determination of the contributions that an employee organization pays the commonwealth shall be made without regard to any setoff the commonwealth or any employer receives for advanced payment of accrued liability contributions; in contributions, providing that shared-risk member contributions and shared-gain adjustments to regular member contributions is determined without regard to any setoff the commonwealth or any employer receives for advance payment of accrued liability contribution; in administration, funds, accounts and general provisions further providing for administrative duties of the board and establishing the ability of advance payment of accrued liability contributions. Effective immediately. Nov 20, 2019 - S-Second consideration Nov 20, 2019 - S-Rereferred to Senate Appropriations Nov 20, 2019 - S-Voted favorably from committee on Senate Appropriations Nov 20, 2019 - S-Reported as committed from Senate Appropriations

HB 1985 Lawrence, John (R) (PN 2790) Amends the Outdoor Advertising Control Act providing a religious institution to have one two-sided sign, provided that it is near their facility and has local municipal approval. Effective in 60 days. Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Over in House Nov 20, 2019 - H-Rereferred to House Appropriations

HR 350 Readshaw, Harry (D) (PN 1857) Resolution urging the licensing boards and commissions under the Department of State to review how military education and training may partially or completely fulfill licensure requirements and to develop suggested pathways to licensure for active duty military and veterans. Nov 20, 2019 - H-Adopted by a vote of 197 YEAS 0 NAYS

38 HR 526 Malagari, Steven (F) (D) (PN 2603) Resolution recognizing October 6, 2019 as “German-American” Day in Pennsylvania. Nov 20, 2019 - H-Adopted by a vote of 197 YEAS 0 NAYS

HR 528 Bullock, Donna (D) (PN 2605) Resolution designating the week of October 6 through 12, 2019, as “Love Your Avenue Week” in Pennsylvania. Nov 20, 2019 - H-Adopted by a vote of 197 YEAS 0 NAYS

HR 544 Ecker, Torren (F) (R) (PN 2662) Resolution designating November 30, 2019, as Small Business Saturday in Pennsylvania. Nov 20, 2019 - H-Adopted by a vote of 197 YEAS 0 NAYS

HR 573 Everett, Garth (R) (PN 2719) Resolution designating the month of November 2019 as “Infant Safe Sleep Month” in Pennsylvania. Nov 20, 2019 - H-Adopted by a vote of 197 YEAS 0 NAYS

HR 574 Murt, Thomas (R) (PN 2720) Resolution recognizing the week of October 7 through 13, 2019 as “Mental Health Awareness Week” in Pennsylvania. Nov 20, 2019 - H-Voted favorably from committee on House Aging and Older Adult Services Nov 20, 2019 - H-Reported as committed from House Aging and Older Adult Services

HR 587 Readshaw, Harry (D) (PN 2767) Resolution designating December 15, 2019, as “Bill of Rights Day” in Pennsylvania. Nov 20, 2019 - H-Adopted by a vote of 197 YEAS 0 NAYS

HR 589 Readshaw, Harry (D) (PN 2769) Resolution designating the month of November 2019 as “Archives Month” in Pennsylvania. Nov 20, 2019 - H-Adopted by a vote of 197 YEAS 0 NAYS

HR 600 Lewis, Andrew (F) (R) (PN 2822) Resolution designating the month of November 2019 as “Long-Term Care Awareness Month” in Pennsylvania and urging all Pennsylvanians to examine their long-term care needs. Nov 20, 2019 - H-Voted favorably from committee on House Aging and Older Adult Services Nov 20, 2019 - H-Reported as committed from House Aging and Older Adult Services

HR 605 Keller, Mark (R) (PN 2839) Resolution designating the week of February 22 through 29, 2020, as “FFA Week” in Pennsylvania. Nov 20, 2019 - H-Voted favorably from committee on House Agriculture and Rural Affairs Nov 20, 2019 - H-Reported as committed from House Agriculture and Rural Affairs

HR 612 Samuelson, Steve (D) (PN 2746) Resolution recognizing the month of November 2019 as “National Alzheimer’s Disease Awareness and Family Caregivers Month” in Pennsylvania. Nov 20, 2019 - H-Voted favorably from committee on House Aging and Older Adult Services Nov 20, 2019 - H-Reported as committed from House Aging and Older Adult Services

HR 614 Maloney, David (R) (PN 2797) Resolution commemorating the 100th anniversary of the Boyertown American Legion Post 471, and recognizing and honoring the legacy of Gen. Carl Spaatz and the American Legion as a staunch advocate for veterans and their families. Nov 20, 2019 - H-Adopted by a vote of 197 YEAS 0 NAYS

39 SB 60 Phillips-Hill, Kristin (F) (R) (PN 941) Amends Title 18 (Crimes and Offenses) and 42 (Judiciary), in human trafficking, increasing the offense of trafficking in individuals from a felony of the second degree to a felony of the first degree under certain conditions. Expands the definition of the offense to include any individual who patronizes or advertises a victim of trafficking. Increases the penalties for the offense. Also increases the offense of patronizing a victim of sexual servitude from a felony of the second degree to a felony of the first degree and increases the fines for the offense. Further provides for additional fines for repeat offenders of patronizing prostitutes. Provides for trafficking in minors.Also provides that these additional fines shall be distributed equally to the Safe Harbor for Sexually Exploited Children Fund and for grants under section 3031 (relating to grants). Effective in 60 days. (Prior Printer Number: 44) Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 49 YEAS 0 NAYS

SB 79 Tartaglione, Christine (D) (PN 54) Amends the Minimum Wage Act, further providing for definitions. The bill that an employer that permits a customer to pay a gratuity by credit card shall pay the employees the full amount of the gratuity that the customer indicated on the credit card slip without deduction for any credit card payment processing fee or cost that may be charged to the employer by the credit card company. Effective in 60 days. Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Over in Senate Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 42 YEAS 7 NAYS Nov 20, 2019 - S-Press conference held

SB 166 Hughes, Vincent (D) (PN 280) The Capital Budget Act of 2019-2020 provides for the capital budget for the fiscal year 2019-2020. Appropriates the following amounts: building and structures ($1,100,000,000); furniture and equipment ($20,000,000); transportation assistance projects ($350,000,000); redevelopment assistance projects (550,000,000); flood control projects ($0) Effective July 1, 2019, or immediately, whichever is later. Nov 20, 2019 - H-Removed from the table

SB 276 Ward, Judy (F) (R) (PN 227) Amends Title 51 (Military Affairs), in veterans’ pensions and benefits, further providing for blind veteran’s pension and for amputee and paralyzed veteran’s pension by increasing the compensation from $150 to $180. Effective immediately. Nov 20, 2019 - S-Voted favorably from committee on Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-Reported as committed from Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-First consideration

SB 314 Baker, Lisa (R) (PN 292) The Pennsylvania Rural Health Redesign Center Authority Act establishes the Pennsylvania Rural Health Redesign Center Authority and the Pennsylvania Rural Health Redesign Center Fund. Effective in 180 days. Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Over in House Nov 20, 2019 - H-Rereferred to House Appropriations

40 SB 317 Gordner, John (R) (PN 296) Amends the Second Class Township Code reducing the time required between the second advertisement and the adoption of the annual budget to ten days. Also removes the requirement of using a uniform budget form. Effective in 60 days. Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Rereferred to House Appropriations

SB 377 Boscola, Lisa (D) (PN 361) Amends Title 34 (Game), in enforcement, further providing for jurisdiction and penalties; and, in game or wildlife protection, further providing for the offense of unlawful taking and possession of protected birds and for endangered or threatened species. The bill establishes that that the following fines and penalties shall be imposed: summary offense and not less than $2,500 when the offense involves a violation of section 2164, relating to unlawful taking and possession of protected birds, that results in the killing of a bald eagle or golden eagle; a violation relating to birds listed under the Bald and Golden Eagle Protection Act is, in addition to any other penalties, a misdemeanor of the second degree; and, in addition to any other penalty, a violation that results in the killing of a protected bird listed in the Bald and Golden Eagle Protection Act shall be graded one degree higher than the penalty provided. Effective in 60 days. Nov 20, 2019 - S-Voted favorably from committee as amended Senate Game and Fisheries Nov 20, 2019 - S-Reported as amended Senate Game and Fisheries Nov 20, 2019 - S-First consideration

SB 432 Phillips-Hill, Kristin (F) (R) (PN 401) Amends the Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act granting access to prescription information to certain personnel of an organization that has an agreement to be paid on a capitated basis to provide services to medical assistance beneficiaries, who are engaged in care management, the development and evaluation of quality improvement strategies, program integrity initiatives or conducting internal compliance reviews and data reporting for the medical assistance program. Effective in 60 days. Nov 20, 2019 - H-Voted favorably from committee on House Health Nov 20, 2019 - H-Reported as committed from House Health Nov 20, 2019 - H-First consideration Nov 20, 2019 - H-Laid on the table

SB 473 Scavello, Mario (R) (PN 1190) Amends Titles 18 (Crimes and Offenses) and 53 (Municipalities Generally), in minors, repealing provisions related to the corruption of minors, repealing and replacing the definition of tobacco product, and further providing the prohibition of tobacco use in schools; making a conforming amendment to Title 53; and repealing the alternative nicotine products and vapor portion of the definition of tobacco in the Fiscal Code and related provisions in the Fire and PanicAct. Effective in 60 days. (Prior Printer Number: 478, 1052) Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-2 Floor amendment(s) adopted Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Over in House Nov 20, 2019 - H-Rereferred to House Appropriations

41 SB 572 Aument, Ryan (R) (PN 1285) Amends Title 35 (Health and Safety), in public safety, adding a chapter providing for opioid treatment agreements. Provides for definitions of “acute pain” and “chronic pain”. Before issuing an individual the first prescription in a single course of treatment for chronic pain with a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment, a prescriber shall: (1) assess whether the individual has taken or is currently taking a prescription drug for treatment of a substance use disorder, (2) discuss certain topics with the individual, (3) review and sign a treatment agreement form, (4) obtain written consent for the prescription from the individual, and (5) record the consent on the treatment agreement form. Effective immediately. (Prior Printer Number: 633, 862, 997) Nov 20, 2019 - H-Voted favorably from committee on House Appropriations Nov 20, 2019 - H-Reported as committed from House Appropriations Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Third consideration Nov 20, 2019 - H-Final Passage by a vote of 117 YEAS 79 NAYS Nov 20, 2019 - S-Received as amended in Senate and rereferred SRULES

SB 679 Yaw, Gene (R) (PN 823) Amends the Dam Safety and Encroachments Act requiring each county to develop a program consistent of two regional curves for the watershed, and to submit a permit application to the department that describes the program. Requires department approval and issuance of a permit before a program may begin, and provides for reviews. Also requires development of a training program. Effective in 60 days. Nov 20, 2019 - S-Second consideration Nov 20, 2019 - S-Rereferred to Senate Appropriations

SB 733 Browne, Patrick (R) (PN 1324) The Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2019 provides grants for projects from the current revenues of the Pennsylvania Gaming Economic Development and Tourism Fund (GEDTF) by the Department of Community and Economic Development to a regional economic development corporation located in Lehigh or Northampton Counties for debt service on the construction of a science and education center. Provides the corporation may not expend more than one-tenth of one percent of grant funds for administrative costs incurred by the corporation. Requires the secretary of the budget to electronically provide a report to the members of the General Assembly within 10 days of the close of each quarter. The report shall include information on the authorized projects funded by the GEDTF and an estimate of the total amount of funds remaining available to be committed for additional projects. Effective immediately. (Prior Printer Number: 912, 945, 1083) Nov 20, 2019 - H-Voted favorably from committee on House Rules Nov 20, 2019 - H-Re-reported on concurrence as committed HRULES Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Over in House

42 SB 751 Aument, Ryan (R) (PN 1055) Amends the Public School Code establishing that each professional employee and temporary employee shall be rated through the use of the rating tool approved by the Department of Education in consultation with education experts, parents of school-age children enrolled in public schools, teachers, and administrators, including research and collaboration conducted by the department. Provides that no later than June 30, 2020, the department shall develop and submit the rating tool to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. Requires the system to be used in determining whether a professional employee shall be dismissed for unsatisfactory teaching performance. The rating tool shall take effect beginning with the 2021-22 school year, and any changes shall be made by the State Board of Education. Requires the department to review the revised rating system within five years of the effective date and reports its findings to the House and Senate Education Committees. Effective immediately. (Prior Printer Number: 970, 1007) Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Over in House Nov 20, 2019 - H-Rereferred to House Appropriations

SB 841 Martin, Scott (R) (PN 1338) Amends Title 35 (Health and Safety) adding a chapter reauthorizing the Pennsylvania Health Care Cost Containment Council (PHC4). The Health Care Cost Containment Act reestablishes the PHC4 as an independent council consisting of public officials and representatives from business communities, organized labor, consumers, hospitals, physicians, nurses and the insurance industry to collect and disseminate health care cost data. The new chapter shall expire five years after the effective date. Effective immediately. (Prior Printer Number: 1151, 1323) Nov 20, 2019 - H-Removed from the table

SB 857 Vogel, Jr., Elder (R) (PN 1347) The Telemedicine Act authorizes the practice of telemedicine by health care providers. Requires each licensure board to promulgate regulations within 24 months of the effective date and provides for the publishing of temporary regulations to be issued within 120 days, which shall expire no later than 24 months following publication in the Pennsylvania Bulletin. Further provides for evaluation and treatment, insurance coverage, and Medicaid program reimbursement. Section 6 relating to insurance coverage of telemedicine shall take effect upon publication in the Pennsylvania Bulletin of the temporary regulations, section 7 relating to Medicaid program reimbursement shall take effect in 90 days, and the remainder shall take effect immediately. (Prior Printer Number: 1170, 1326) Nov 20, 2019 - H-Laid out for discussion Nov 20, 2019 - H-House Harris motion to revert to prior printer number, PN 134 - Failed by a vote of 90 YEAS 106 NAYS Nov 20, 2019 - H-Second consideration Nov 20, 2019 - H-Over in House Nov 20, 2019 - H-Rereferred to House Appropriations

SB 902 Baker, Lisa (R) (PN 1315) Amends the County Code, in district attorney, assistants and detectives, establishing that if a vacancy for district attorney shall occur in a county of the fourth through eighth class, the judges of the court of common pleas shall appoint the first assistant district attorney. The bill also provides that if the first assistant district attorney does not satisfy the requirements of the vacancy, the judge will appoint someone who satisfies the requirements. Effective in 60 days. Nov 20, 2019 - S-Laid out for discussion Nov 20, 2019 - S-Third consideration Nov 20, 2019 - S-Final Passage by a vote of 48 YEAS 0 NAYS

43 SB 905 Browne, Patrick (R) (PN 1336) The Capital Budget Project Itemization Act of 2019-20 provides for the capital budget for fiscal year 2019- 20, itemizes various public improvement projects, authorizes the incurring of debt without the approval of electors for financing projects, authorizes the use of current revenue for the purpose of financing projects and provides appropriations. Also provides no amount of project allocation to the Polk Center or to the White Haven Center may be expended on deactivation or decommissioning of the centers. Effective immediately. (Prior Printer Number: 1256, 1325) Nov 20, 2019 - H-Removed from the table

SB 906 Yudichak, John (D) (PN 1327) Amends the Mental Health and Intellectual Disability Act, in preliminary provisions, providing a technical change; and in responsibilities of the state, providing for a moratorium on the closure of state centers. This legislation provides for no closure of a state center until all Medicaid-waiver eligible persons have been granted waivers. Once waivers have been granted, the bill provides for the establishment of a taskforce to conduct an evaluation and provide recommendations to the Department of Human Services (DHS) prior to closure. The legislation also provides that if the taskforce votes for closure, DHS will prepare a plan for the closure and transition of individuals receiving care in the state facility to a home or community-based support system. Effective immediately. (Prior Printer Number: 1259, 1287) Nov 20, 2019 - H-Passed over in committee House Health

SB 952 Regan, Mike (R) (PN 1370) Amends Title 51 (Military Affairs), in veterans’ preference, repealing provisions relating to soldier defined, providing for hiring preferences for qualified veterans seeking public employment and adding definitions.This legislation also repeals provisions relating to credits in civil service examinations and provides for additional points in grading civil service examinations for successfully passing a civil service appointment. The bill provides for hiring preference in appointment for non-civil service positions, the consideration of education and training received during the veteran’s service, and the exclusion of age or physical impairment to disqualify a veteran. The legislation also provides for a preferential rating provision in public works specifications, for including a veteran’s years of military service when using computation of seniority for reduction in force, and for the same preference of spouses. The bill establishes reporting requirements for the Office of Administration, the establishment of annual veterans’ preference guidelines, and veterans’ preference employment policy in the private sector. Effective in 60 days. Nov 20, 2019 - S-Voted favorably from committee on Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-Reported as committed from Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-First consideration

SB 957 Bartolotta, Camera (R) (PN 1380) Amends Title 51 (Military Affairs), in veteran-owned small businesses, establishing a Veteran, reservist or National Guard-owned business logotype, which shall include the Commonwealth Coat of Arms and the words “Pennsylvania veteran-owned business,” “Pennsylvania reservist-owned business” or “Pennsylvania National Guard- owned business.” The legislation provides for eligibility, issuance and administration of the logotypes and the system for verification. Money may be utilized from the Veterans’ Trust Fund to establish the logotypes and a system for verification. Violation of this act is a misdemeanor of the third degree if the individual fraudulently holds the logotype. Effective in 60 days. Nov 20, 2019 - S-Voted favorably from committee as amended Senate Veterans Affairs & Emergency Prepa Nov 20, 2019 - S-Reported as amended Senate Veterans Affairs & Emergency Prepared. Nov 20, 2019 - S-First consideration

SR 272 Argall, David (R) (PN 1249) Resolution designating the month of November 2019 as “Victims of Communism Memorial Month” in Pennsylvania. Nov 20, 2019 - S-Adopted by a vote of 48 YEAS 0 NAYS

44 EXECUTIVE ACTIONS

SR 273 Aument, Ryan (R) Resolution commending the International 22q11.2 Foundation, Inc., and recognizing November 22, 2019, as “22q Awareness Day” in Pennsylvania. Nov 20, 2019 - S-Transmitted as directed

UPCOMING MEETINGS

THURSDAY - 11/21/19 House Urban Affairs 9:00 a.m., Room B31, Main Capitol To consider: HB 1569 Isaacson, Mary ( Amends Title 53 re limiting tax increases HB 1737 Davis, Austin Amends an Act re land bank env. liability HB 1860 Longietti, Mark Amends Urban Redevelopment Law re authority

House Commerce 9:30 a.m., Room 205, Ryan Office Building To consider: HB 1756 Gillespie, Keith Amends Self-Service Storage Facility Act

Independent Regulatory Review Commission 10:00 a.m., 14th Fl. Conf. Room, 333 Market St., Harrisburg To consider the following regulation: Reg. No. 3221 State Board of Veterinary Medicine #16A-5727: Certified Veterinary Technicians and Veterinary Assistants; Reg. No. 3214 PA Public Utility #57-323: Assumption of Commission Jurisdiction Over Pole Attachments from the Federal Communications Commission; Reg. No. 3202 Department of Labor and Industry #12-106: Minimum Wage

Senate Republican Policy Committee 10:00 a.m., Maidencreek Twp. Municipal Building, Blandon Public workshop on local highway funding

***Senate Transportation (New) 10:45 a.m., Rules Committee Conference Room To consider: SB 773 Killion, Thomas Amends Title 75 re Deana›s Law

**AGENDA UPDATED**House Appropriations Off the floor, Room 140, Main Capitol To consider: HB 410 Oberlander, Donn Amends Human Services Code re FDA drugs HB 533 Owlett, Clint Act re insurer credentialing HB 1024 Rader, Jack Amends Admin. Code re addiction treatment HB 1052 Nelson, Eric Amends Admin. Code re addition treatment HB 1880 Gillespie, Keith Amends Health Care Facilities Act re badges HB 1985 Lawrence, John Amends Outdoor Advertising Control Act re ads SB 314 Baker, Lisa Act re PA Rural Health Redesign Center Auth. SB 317 Gordner, John Amends Second Class Twp. Code re budget reqs. SB 473 Scavello, Mario Amends Titles 18 & 53 re tobacco SB 857 Vogel, Jr., Elde Amends Title 40 re telemedicine

***House Labor and Industry (New) Off the Floor, Room B31, Main Capitol To consider response to IRRC action on Regulation #12-106 (IRRC #3202)

45 ***Senate Rules and Executive Nominations (New) Off the floor, Rules Committee Conference Room To consider certain executive nominations and: SB 473 Scavello, Mario Amends Titles 18 & 53 re tobacco SB 572 Aument, Ryan Amends Title 35 re opioid treatment agreements SB 857 Vogel, Jr., Elde Amends Title 40 re telemedicine HB 49 Brown, Rosemary Amends Public School Code re financial courses (Note: SB 473, SB 572 & SB 857 not in committee)

MONDAY - 12/2/19 ***House Democratic Policy Committee (New) 2:00 p.m., Reading Area Community College, Schmidt Training & Technology Center Room T-118, 10 South Second Street, Reading Joint Public Hearing with Pennsylvania Legislative Black Caucus on affordable housing

TUESDAY - 12/3/19 ***House Democratic Policy Committee (New) 3:00 p.m., East Stroudsburg University, Innovation and Entrepreneurship Center Room 336, 562 Independence Road, East Stroudsburg Public hearing with Rep. Maureen Madden on college affordability

WEDNESDAY - 12/4/19 ***House Democratic Policy Committee (New) 10:00 a.m., Lehigh Carbon Community College-The Donley Center, 718 West Hamilton Street, 7th Floor, Allentown Joint Public Hearing with Pennsylvania Legislative Black Caucus on mental health

THURSDAY - 12/5/19 Independent Regulatory Review Commission 10:00 a.m., 14th Fl. Conf. Rm., 333 Market St., Harrisburg To consider the following regulations: Reg. No. 3229 Pennsylvania Labor Relations Board #104-1: Board Rules and Regulations

MONDAY - 12/9/19 House Judiciary Subcommittee on Family Law 10:00 a.m., Room 60, East Wing Public hearing on: HB 1397 Helm, Susan Amends Title 23 re child custody

***House Labor and Industry (New) 11:00 a.m., Room B31, Main Capitol Public hearing on: HB 1746 Gleim, Barbara ( Amends Apprenticeship and Training Act HB 1840 Struzzi, James ( Amends Apprenticeship and Training Act HB 2041 Tobash, Mike Repeals the Apprenticeship and Training Act

TUESDAY - 12/10/19 House Transportation 9:00 a.m., Room G-50, Irvis Office Building Public hearing on: HB 1078 Marshall, Jim Amends Title 75 re autonomous shuttle vehicle

WEDNESDAY - 12/11/19 ***House Gaming Oversight (New) 9:00 a.m., Room 140, Main Capitol Public hearing on: HB 2080 Expansion of VGTs to Club Liquor Licensees (Note: HB 2080 not filed)

46 THURSDAY - 12/12/19 Senate Inter-Governmental Operations 10:00 a.m., 1000 Potato Roll Lane, Chambersburg Public hearing on regulatory reform, red tape reduction & transparency

FRIDAY - 12/13/19 ***House Democratic Policy Committee (New) 10:00 a.m., Upper Providence Township Building, 1286 Black Rock Rd, Phoenixville Public hearing with Rep. Melissa Shusterman on residential stormwater management

MONDAY - 12/16/19 House Judiciary 9:30 a.m., Room 205, Ryan Office Building Public hearing on: HB 95 Diamond, Russ Amends Title 42 re Free Speech Protection Act SB 95 Farnese, Lawrence Amends Title 42 re anti-SLAPP legislation (Note: SB 95 not in committee)

47 Capitol Recap is a comprehensive daily report on legislative and executive actions in the Pennsylvania capitol and is compiled and edited by PLS.

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