Capitol Recap

THE PLS REPORTER Volume 5 Number 403 Special bonus coverage from the PLS Reporter, included each Monday in the Capitol Recap September 10, 2018 Knowles to introduce bill stripping state funding from cities with safe injection sites CONTENTS THE PLS REPORTER 1 AROUND THE ROTUNDA 2 From reversing the city’s soda tax, to overriding Philadelphia’s sick leave policy and NEW LEGISLATION 3 overturning a bulletproof glass ban for the city’s “stop and gos”, the city’s laws have been in LEGISLATIVE ACTIONS 7 the House’s sights. UPCOMING MEETINGS 7 Now, Philadelphia may get another pre-emption, as Rep. (R-Schuylkill) wants to ban all safe injection sites in the commonwealth. SESSION STATUS “Being in favor of this treatment is completely crazy,” Knowles said. “You’re going to have At 12:17 p.m. on someone oversee someone use illegal drugs? It’s against the law. What about the liability of Wednesday, June 27, 2018 people administering the drugs?” the Senate met briefly in non-voting session and This technically may not be seen as preemption since Philadelphia has not officially decided now stands in recess until to set up for people to use drugs under the supervision of medical professionals. But both the call of the President Pro Mayor Jim Kenney and District Attorney Larry Krasner have openly stated that they support Tempore. The Senate is the idea, citing the public safety and health boost of overdose-reversing Naloxone and clean not expected to reconvene needles. until September 24. Not everyone is on board. Attorney General Josh Shapiro said that there would be a legal At 3:37 p.m. on Monday, issue if this goes forward. June 25, 2018 the House stands in recess until Knowles, who’s released a cosponsor memo, was hoping to introduce the legislation by the the call of the Chair. The end of the month. “We should be working with people with addiction,” Knowles said. “I view House is not expected to this as encouraging people to use drugs. There are other solutions.” reconvene until September 12 in non-voting session. Jay Mccalla is a former senior official for both former Mayors Ed Rendell and John Street in UPCOMING SESSION DAYS Philadelphia. He doesn’t think that the city will actually implement the policy. House September 12 (NV), 13 According to Mccalla, the sites won’t ever break ground because no one will want to insure it. (NV), 24, 25, 26 October 1 (NV), 2 (NV), 9, “Safe injection sites would be an insurance company’s nightmare and the rates they would 10, 15, 16, 17 charge for coverage will definitely reflect that,” Mccalla said. “Imagine the insurance rates November 13 for a roller coaster.” Senate He predicted that the Kenney administration will choose a private operator and private September 24, 25, 26 funding because the city won’t want legal or financial liability. October 1, 2, 3, 15, 16, 17 November 14 This isn’t Knowles’ first dalliance in overriding other jurisdictions. He introduced HB 14 in December 2016 to take away state money from any higher education institution that dubbed itself as a “sanctuary campus.”

The bill was reported out of the House State Government Committee last May but has yet to Provided by be voted on the House Floor. Legislative Services 240 N. 3rd St. 6th Floor Harrisburg, PA 17101 The PLS Reporter provides original news, insight and in-depth analysis on current topics and 717.236.6984 phone proposals moving through the state legislature. For more information about adding the PLS Reporter 717.236.5097 fax to your subscription, please email us at [email protected]. www.mypls.com AROUND THE ROTUNDA PLS coverage of Capitol events including press conferences, bill signings, & media availabilities

SUPPORTERS, LAWMAKERS REMEMBER EMS PROVIDERS AT ANNUAL MEMORIAL SERVICE By Derek Snyder, Pennsylvania Legislative Services | September 10, 2018

Nearly 100 EMS workers and supporters joined The Pennsylvania EMS Provider Foundation and the Bureau of EMS at the Capitol this afternoon for the Eighth Annual EMS Memorial Service.

The event began with the presentation of colors, followed by The National Anthem, Pledge of Allegiance, and a prayer.

Doug Garretson, Chairman, Pennsylvania EMS Provider Foundation, thanked attendees for coming to honor EMS providers who have lost their lives. Garretson said that this year also completes the Third Annual EMS Memorial Bike Ride, where more than 40 participants cycled from the Flight 93 Memorial in Shanksville to the Capitol in Harrisburg, leaving on Saturday and arriving in time for the memorial service today. Garretson said that the bike ride promotes camaraderie and friendship, as well as honors the memory of 49 EMS providers in Pennsylvania who lost their lives in the service of others.

Dylan Ferguson, Director, Bureau of EMS, expressed Gov. Tom Wolf and the Department of Health’s appreciation and gratitude for those who participated in the memorial bike ride. “Each year, this event commemorates, remembers, and pays respect to EMS providers who paid the ultimate sacrifice,” said Ferguson, adding that every EMS provider continuously gives so much each day without consideration of their own personal needs. Ferguson added that families of EMS workers contribute in the sacrifice as well, and support the cause that these workers are able to complete. Ferguson discussed the importance the EMS community, and the close-knit family that they together become. “If one member of the EMS community asks for help from another, we will all drop whatever we are doing to help one another,” said Ferguson, adding that today is about celebrating the contributions of those EMS members who left the world too soon. Ferguson discussed how the EMS profession faces much more prevalent threats and dangers than it did twenty years ago. “On average, there are 29 fatal crashes of an ambulance each and every single year. There will be 33 fatalities from those accidents,” said Ferguson, adding that recent trends have also shown increases in members of the EMS community committing suicide. Ferguson encouraged those in need of any type of help to reach out to someone or utilize currently available resources.

Nate Silcox read a letter on behalf of Sen. Randy Vulakovich (R-Allegheny), detailing his appreciation of the critical role EMS providers serve within their communities. Sen. Vulakovich expressed his support for the difficult work EMS complete, while receiving little to no pay in return. Sen. Vulakovich discussed SR 6, which he has sponsored to help provide better recommendations to improve emergency services in Pennsylvania. Sen. Vulakovich said today’s ceremony was to remember those that have given their lives in the line of duty, and thanked organizations like The Pennsylvania EMS Provider Foundation for continuing to remember their service.

Rep. Mark Gillen (R-Berks) recognized other representatives who were in attendance, including Rep. Keith Gillespie (R-York) and Rep. (R-Lebanon). Rep. Gillen said that people gathered today to remember those who have lost their lives, whether it is from larger events like Pearl Harbor or 9/11, or for those who are members of local EMS communities. Rep. Gillen discussed the importance of 9/11, and how that day shifted the front-line of war and terror from just being in foreign countries to becoming prevalent in one of the principle cities in the United States. Rep. Gillen expressed his appreciation for everything that EMS providers do, noting that many people out in the world right now are fondly remembering the service of an EMS provider who helped them. Rep. Gillen said that the battle against evildoers is not going to end, and discussed what it was like for him on 9/11, when we was at ground zero and saw firefighters, police officers, and EMS providers become part of the casualties that day. “What you’ve done in your communities will not be forgotten, and ought not to be forgotten,” said Rep. Gillen, adding that he has not forgotten what EMS providers have done to support members in his family.

Rep. (R-McKean) was recognized for his work as a former 9-1-1 EMT dispatcher and police officer. Rep. Causer said that there’s no greater sacrifice than the willingness of people like EMS workers who run towards danger, while everyone else is running away. Rep. Causer added that it was not until 9/11 that people in Pennsylvania and cross

2 the country fully recognized just how devoted first responders are. Rep. Causer discussed how he was dispatching at the McKean 9-1-1 center on the day of the attacks, adding that while it was hard to fathom what was happening in the country, he will never forget the images of first responders going into the towers in New York City and treating those who were injured. Rep. Causer expressed that there is no greater contrast to the pure evil of terrorists than the selflessness and heroism of the first responders. Rep. Causer said that everybody can agree that the first responders being remembered at the memorial service today are heroes as well, adding that Pennsylvanian’s owe much gratitude to both past and present emergency responders. Members of the EMS community read aloud each individual being remembered today. The event ended with the playing of taps, followed by Amazing Grace being played on bagpipes.

NEW LEGISLATION

HB 2608 Ryan, Frank (F) (R) (PN 3958) Amends the Fiscal Code, in additional special funds, establishing the Unfunded Liability Solvency Reserve Fund. The following shall be deposited in the Solvency Reserve Fund: (1) If the Secretary of the Budget certifies that there is a surplus in the General Fund for a specific fiscal year, any amount of the surplus which is not deposited in the Budget Stabilization Reserve Fund; (2) Any amount appropriated to the Solvency Reserve Fund by the General Assembly; and (3) Any amount transferred to the Solvency Reserve Fund by law. Money in the Solvency Reserve Fund shall only be appropriated to the Public School Employees’ Retirement Fund and to the State Employees’ Retirement Fund. Effective in 120 days. Sep 10, 2018 - H-Introduced and referred to committee on House Finance

HB 2620 O’Neill, Bernie (R) (PN 3959) Amends Title 3 (Agriculture) providing for fireworks; imposing penalties; and making a related repeal. The intent of the bill is to repeal the most recent changes made to the fireworks law and reinstate the provisions as they existed prior to the passage of Act 43 in 2017. Effective in 60 days. Sep 10, 2018 - H-Introduced and referred to committee on House Agriculture and Rural Affairs

HB 2621 Warren, Perry (F) (D) (PN 3960) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, further providing for sale or transfer of firearms. The intent of the bill is to require that all firearm sales, regardless of the barrel length, be conducted in front of a licensed importer, manufacturer, dealer, or county sheriff. Effective in 60 days. Sep 10, 2018 - H-Introduced and referred to committee on House Judiciary

HB 2622 Owlett, Clint (F) (R) (PN 3961) Amends the Pennsylvania Construction Code Act, in adoption and enforcement by municipalities, further providing for administration and enforcement by adding that in the case of a change of code administrator with jurisdiction over a project, subsequent code administrators shall be subject to decisions previously rendered on the project by the board of appeals. Effective in 60 days. Sep 10, 2018 - H-Introduced and referred to committee on House Labor and Industry

HB 2623 Conklin, Scott (D) (PN 3962) Amends the Pennsylvania Election Code adding an article requiring candidate disclosure of Federal income tax returns. Effective immediately. Sep 10, 2018 - H-Introduced and referred to committee on House State Government

HB 2625 Rothman, Greg (R) (PN 3963) Amends the Public Employe Relations Act, in employee rights, providing for conditions of a collective bargaining agreement; and, in scope of bargaining, further providing for maintenance of membership. The bill stipulates that no collective

3 bargaining agreement entered into on or after January 1, 2019, shall establish conditions for when a public employe may join or resign from an employe organization acting as the exclusive representative of a unit. Effective immediately. Sep 10, 2018 - H-Introduced and referred to committee on House Labor and Industry

HB 2626 Snyder, Pam (D) (PN 3964) Amends the Tax Reform Code adding a new article establishing a depressed area tax credit. Provides a business firm which contributes to a program engaging in the activities of providing a program for school students for an education purposed and outside of the school setting shall receive a tax credit if the Secretary of the Department of Community and Economic Development (DCED) annually approves the proposal of the business firm. Further provides the total amount of the credit granted for approved programs shall not exceed $5 million in any fiscal year. Also provides for claiming the credit; carryover, carryback, and assignment of credit; and pass-through entities. Requires DCED and the Department of Revenue to jointly develop written guidelines for the implementation of the tax credit. Effective in 60 days. Sep 10, 2018 - H-Introduced and referred to committee on House Finance

HB 2627 Hill, Kristin (R) (PN 3965) Amends the Dog Law adding language providing license fee exemptions for those service dogs which are used in the performance of services by a fire department, sheriff’s office or in the performance of rescue services or medical emergency services. Effective in 60 days. Sep 10, 2018 - H-Introduced and referred to committee on House Agriculture and Rural Affairs

HB 2628 Hill-Evans, Carol (F) (D) (PN 3966) Amends Public School Code providing for school police and security officer training by establishing education and training requirements that must be met in order to qualify for hiring. Specific requirements are laid out in full in the legislation. Effective in 60 days. Sep 10, 2018 - H-Introduced and referred to committee on House Education

HB 2629 Hill-Evans, Carol (F) (D) (PN 3967) Amends Title 45 (Legal Notices) providing for electronic publication of legal notices. Effective in 60 days. Sep 10, 2018 - H-Introduced and referred to committee on House Judiciary

HB 2630 Roae, Brad (R) (PN 3968) Amends the Public School Code, in district superintendents and assistant district superintendents, adding language providing a contract between a board of school directors and a district superintendent shall provide no compensation to be paid to the district superintendent if the superintendent separates or terminates employment with the school district, regardless of the reason for the separation or termination; shall provide no lump sum payment or any other similar payment for the remainder of the contract term may be paid to the superintendent if the superintendent separates or terminates with the school district; and shall provide no postemployment health insurance, dental insurance or payment to cover the expenses of the replacement insurance if the superintendent separates or terminates employment with the school district. Further provides no former superintendent of the school district may serve as an acting superintendent or consultant or perform other services for compensation with the school district. Also provides the superintendent may not be paid more $10,000 annually for combined sick leave days, personal leave days, holidays and vacation days. Provides if the school district has less than 5,000 students, the superintendent may not be paid more than twice the salary to which a teacher with a master’s degree and not more than 20 years of experience in the school district is entitled to receive under the collective bargaining agreement. Effective in 60 days. Sep 10, 2018 - H-Introduced and referred to committee on House Education

HB 2632 Dush, Cris (R) Amends Title 75 (Vehicles), in licensing of drivers, further providing for occupational limited license. Sep 10, 2018 - H-Filed

4 HB 2633 Godshall, Robert (R) Amends the Right-to-Try Act, providing for title of act, legislative findings & intent, definitions and access; providing for use of investigational stem cell treatments; and for unprofessional conduct and for construction. Sep 10, 2018 - H-Filed

HB 2634 Dermody, Frank (D) Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for criteria for institutions of purely public charity. Sep 10, 2018 - H-Filed

HR 1036 Wheatley, Jake (D) (PN 3954) Resolution directing the Joint State Government Commission to establish an advisory committee to conduct a study of this Commonwealth’s current educational offerings regarding computer science and provide feedback on opportunities for bolstering computer science education in Pennsylvania. Sep 10, 2018 - H-Introduced and referred to committee on House Education

HR 1037 Wheatley, Jake (D) (PN 3955) Resolution directing the Joint State Government Commission to conduct a study of the Commonwealth’s statutes and policies regarding marijuana in light of the legalization of medial marijuana. Sep 10, 2018 - H-Introduced and referred to committee on House Health

HR 1041 Hill, Kristin (R) (PN 3956) Resolution urging the Pennsylvania Supreme Court to consider the adoption of rules specifically regarding the admission of individuals to the bar and the practice of law in circumstances involving an attorney who is licensed in another jurisdiction and who is a spouse of a member of the armed forces of the United States who is serving on active duty within this Commonwealth. Sep 10, 2018 - H-Introduced and referred to committee on House Judiciary

HR 1043 Grove, Seth (R) (PN 3957) Resolution commemorating and celebrating the 50th anniversary of the establishment of York College of Pennsylvania. Sep 10, 2018 - H-Introduced as noncontroversial resolution

HR 1044 Neilson, Ed (D) Resolution designating the month of October 2018 as “Dyslexia Awareness Month” in Pennsylvania. Sep 10, 2018 - H-Filed

HR 1045 DiGirolamo, Gene (R) Resolution recognizing the week of September 9 through 15, 2018, as “Nephrology Nurses Week” and asking all residents of this Commonwealth to join in honoring nephrology nurses who care for patients with kidney disease. Sep 10, 2018 - H-Filed

SB 1236 McGarrigle, Thomas (R) (PN 1967) Amends Title 66 (Public Utilities), in restructuring of electric utility industry, further providing for energy efficiency and conservation program. Plans under the energy efficiency and conservation program shall include specific energy efficiency measures for households at or below 200 percent (changed from 150 percent) of the Federal poverty income guidelines. Penalties for failure to submit a plan shall not exceed $100,000 per day and penalties for the failure to achieve the required reductions in consumption shall not exceed $5,000,000. An electric distribution company may recover decreased revenues due to reduced energy consumption or changes in energy demand through a full revenue decoupling mechanism. Upward rate adjustments as a result of a full revenue duplicating mechanism may not be greater than two percent of rates approved in the electric distribution company’s most recent base rate case. Further, an energy efficiency and conservation plan filed by an electric distribution company may include a financial incentive mechanism for the electric distribution company.

5 Effective in 60 days. Sep 10, 2018 - S-Filed Sep 10, 2018 - S-Introduced and referred to committee on Senate Consumer Protection & Prof. Licensure

SB 1238 Scavello, Mario (R) (PN 1965) Amends the Neighborhood Improvement District Act further providing for definitions and adding a new section providing for special financing assessments. Effective in 60 days. Sep 10, 2018 - S-Filed Sep 10, 2018 - S-Introduced and referred to committee on Senate Community, Economic & Recreational Dev

SB 1243 Scavello, Mario (R) (PN 1966) The Biosolid Material Municipal Regulation Act provides for municipal regulation of the deposit, disposal or land application of biosolid material; and requires a public referendum under certain circumstances. The bill establishes that a municipality may adopt and enforce ordinances regulating the deposit, testing, disposal or land application of biosolid material. Effective in 60 days. Sep 10, 2018 - S-Filed Sep 10, 2018 - S-Introduced and referred to committee on Senate Environmental Resources and Energy

SB 1246 Brooks, Michele (R) (PN 1968) Amends Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) in offenses against the family, further providing for newborn protection; in child protective services, further providing for definitions and for taking child into protective custody; and, in newborn protection, further providing for definitions, for health care providers accepting newborns, for police officers accepting newborns, for reporting acceptance of newborns, for immunity and for duties of department. The bill adds urgent care centers to the Safe Haven Law. effective in 60 days. Sep 10, 2018 - S-Filed Sep 10, 2018 - S-Introduced and referred to committee on Senate Judiciary

SB 1247 Eichelberger, John (R) (PN 1969) Amends the Public School Code, in State System of Higher Education, further providing for purposes and general powers and providing for certain contract provisions prohibited. The bill states the primary mission of the system is the provision of postsecondary instruction for undergraduate and graduate students to and beyond the master’s degree designed to address the needs of the Commonwealth’s workforce for advanced careers, including technological education. Further, certain contract provisions are prohibited. Effective in 60 days. Sep 10, 2018 - S-Filed Sep 10, 2018 - S-Introduced and referred to committee on Senate Education

SB 1248 Eichelberger, John (R) (PN 1970) Amends Title 62 (Procurement), in general provisions, providing that “state-affiliated entity” does not include the State System of Higher Education or the Pennsylvania Higher Educational Facilities Authority with regard to procurement on behalf of the State System of Higher Education. Effective in 60 days. Sep 10, 2018 - S-Filed Sep 10, 2018 - S-Introduced and referred to committee on Senate State Government

SR 417 Dinniman, Andrew (D) (PN 1971) Resolution directing the Joint State Government Commission to establish an advisory committee to conduct a study on secondary school start time in this Commonwealth. Sep 10, 2018 - S-Filed Sep 10, 2018 - S-Introduced and referred to committee on Senate Education

6 LEGISLATIVE ACTIONS

SR 6 Vulakovich, Randy (R) (PN 569) Concurrent Resolution establishing a special bipartisan, bicameral legislative commission to recommend improvements to the delivery of emergency services in this Commonwealth and develop and promote legislation in furtherance of its recommendations. (Prior Printer Number: 149, 160) Sep 10, 2018 - S-Press conference held

UPCOMING MEETINGS

TUESDAY - 9/11/18 Senate Republican Policy Committee 1:00 p.m., Downingtown Area School District, James E. Watson Staff Development Room, 540 Trestle Place, Downingtown Roundtable discussion on school safety

WEDNESDAY - 9/12/18 House Professional Licensure 9:30 a.m., Hearing Room 1, North Office Building Public hearing on: SB 780 Vogel, Jr., Elde Act re Telemedicine

Senate Republican Policy Committee 1:00 p.m., Southern Lehigh S.D. High School Board Rm., 5775 Main Street, Center Valley Roundtable discussion on school safety

House State Government 2:30 p.m., Room G-50, Irvis Office Building Informational meeting on a briefing by the Department of State on Proposed Regulation 16-59: Revised Uniform Law on Notarial Acts

THURSDAY - 9/13/18 House State Government 9:30 a.m., Room G-50, Irvis Office Building Informational meeting on: HB 2614 Topper, Jesse Amends Title 62 re cooperative purchasing

Independent Regulatory Review Commission (Agenda updated) 10:00 a.m., 14th Fl. Conf. Rm., 333 Market St., Harrisburg To consider the following regulations: 3181 Department of Agriculture #2-185; Vegetable Marketing and Research Program 3155 Department of Transportation #18-469; Hazardous Material Transportation 3211 Department of Labor and Industry #12-107; Uniform Construction Code 3179 Department of Agriculture #2-187; Weighmasters

FRIDAY - 9/14/18 Senate Republican Policy Committee 11:00 a.m., Philipsburg-Osceola M.S. Board Rm., 200 Short Street, Philipsburg Roundtable discussion on school safety

MONDAY – 9/17/18 ***House Democratic Policy Committee (New) 2:00 p.m., Middletown Township Municipal Building, 3 Municipal Way, Langhorne Public Hearing with Rep. on Child Custody Issues

7 TUESDAY - 9/18/18 Senate Veterans Affairs & Emergency Preparedness 10:00 a.m., Millvale Community Center, 416 Lincoln Ave., Pittsburgh Public hearing on flooding, landslides, and SB 1131 Costa, Jay Act re landslide insurance & assistance

***House Democratic Policy Committee (New) 2:00 p.m., West Goshen Township Building, 1580 Paoli Pike, West Chester Public Hearing with Rep. Carolyn Comitta on Age Friendly Communities: Shaping a Brighter Future for All

THURSDAY - 9/20/18 House Human Services & Children and Youth 10:00 a.m., Manor College, 700 Fox Chase Road, Jenkintown Public hearing on supporting the well-being of young adults leaving the foster care system

***House Democratic Policy Committee (New) 10:00 a.m., Yardley-Makefield Fire Company Station 80, 652 Stony Hill Road, Yardley Public Hearing with Rep. on Emergency Services

TUESDAY - 9/25/18 House Finance, House Local Government, and House Urban Affairs 9:00 a.m., Room 140 Main Capitol Joint public hearing on Act 47

Senate Environmental Resources and Energy 10:00 a.m., Hearing Room 1, North Office Building Public hearing to review and discuss foreign influence on natural gas development in Pennsylvania

Senate Education 10:30 a.m., Room 8E-A, East Wing To consider: SR 292 White, Donald Resolution re JSGC student vaccination study HB 1228 English, Hal Amends Public School Code re sun protection

WEDNESDAY - 9/26/18 House Human Services 8:30 a.m., Room 60, East Wing Public hearing to learn more about the role and importance of short and long term licensed residential addiction treatment and to provide addiction treatment for pregnant women, women with dependent children, veterans, homeless individuals, low-level drug offenders and others

MONDAY - 10/1/18 House Agriculture and Rural Affairs 1:00 p.m., Room 60, East Wing Public hearing on: HB 2293 Causer, Martin Act re Rural Broadband Deployment Fund

FRIDAY - 10/5/18 House Tourism and Recreational Development 9:00 a.m., Hilton Garden Inn, 555 Synergy Dr., Uniontown Informational meeting on 2020 Vision for the Future of PA and hotel and other tourism related taxes

House Urban Affairs 9:00 a.m., Hilton Garden Inn, 555 Synergy Drive, Uniontown Informational meeting to discuss the local blight situation and discuss new state statutes the locals can use to fight blight

8 THURSDAY - 10/18/18 Independent Regulatory Review Commission 10:00 a.m., 14th Floor Conference Room, 333 Market Street, Harrisburg To consider the following regulations: 3160 Department of Human Services #14-540: Home and Community Based Supports and Licensing

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

For subscription information, questions or more information contact PLS at [email protected] or 717-236-6984.Thank you, Lynn, Kim, Jeff, Mike, Matt Hess, Nina, Matt Hykes, Deborah, Kara, Cheryl, Andre, Aaron, Becky, Amyra, Nick, Jessica, Nicole, Stephen, Robert and Derek.

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