April 15, 2016

Weekly Wrap:

It was a busy week in Harrisburg this week, and for a change, the singular focus of the General Assembly was not the state budget. The biggest thing to happen this week—and maybe so far this year—was the final passage of S.B. 3 (Folmer, R-Lebanon), which legalizes the use of medical cannabis in the Commonwealth. Though the bill will take effect in 30 days, it could be a year or two before regulations are complete, and medical cannabis is actually available in the state. Nevertheless, the bill is a major first step in the process and viewed by supporters as a huge victory. Gov. Wolf is scheduled to sign the bill on Sunday afternoon.

Senate Bill 3 isn’t the only measure that hit the Governor’s desk this week. H.B. 1329 (English, R-Allegheny) finally passed in both chambers, which establishes the Caregiver Advise, Record, Enable (CARE) Act, which provides for better supports for family caregivers who are taking care of seniors staying at home. H.B. 794 (Gillespie, R-York) is also before the Governor, a bill that gives counties the option to increase the tax on hotel rooms from 3 to 5 percent.  Finally, S.B. 879 (Baker, R-Luzerne) is awaiting signature, which provides for ABLE (Achieving a Better Life Experience) Plan savings accounts. Similar to TAP-529 savings accounts, the accounts would supplement private insurance, Medicaid and other benefits to help bay for things such as education, housing and transportation for persons with disabilities.

It wouldn’t be a busy week in the state capitol without just a little bit of budget news: last week, the House Appropriations Committee amended a Fiscal Code bill, H.B. 1589 (Rep. Causer, R-McKean), which would provide fiscal year 2015-2016 budget implementation. Though House Republicans removed language involving areas of contention for the Governor, this week, the Senate amended the bill once again, adding language for the school funding formula, Ready to Learn Block Grant and PlanCon back into the bill. The bill passed in the Senate (Y:38/N:11) and the House (Y:149/N:45), receiving some support from Democrats. The bill is now before the Governor for his signature where its fate is uncertain; however, should the Governor veto the bill, it’s believed that there are enough votes in both chambers for an override.

A final note on floor activity: though it has a long way to go before it goes to the Governor, H.B. 1947 (Marsico, R-Dauphin) cleared a major hurdle this week. The bill would increase the statute of limitations in both criminal and civil childhood sexual abuse cases. The bill passed the House by a vote of 180-15 and now heads to the Senate for consideration.

Standing committees were busy this week, too. On Monday, the House Democratic Policy Committee held a public hearing on clean energy jobs. John Quigley, Secretary of the Department of Environmental Protection, kicked off the hearing discussing clean energy initiatives in Pennsylvania, with the rest of the hearing focused on job creation in the areas of energy efficiency and solar and wind power.

Also on Monday, a much-talked about and potentially controversial bill, H.B. 1640 (Dush, R-Jefferson), was reported from the House Education Committee. The National Motto Display Act would give schools the option to display the national motto “In God We Trust” in classrooms and other areas in the building. The bill received second consideration in the House and was re-referred to the House Appropriations Committee.

More from Monday: responding to the opioid and heroin epidemic across the country and in the Commonwealth, the House Judiciary committee held an informational meeting on Concerned Law Enforcement Against Narcotics (CLEAN). Members addressed the availability of addiction treatment programs in the Commonwealth, and what could be done to aid state agency and law enforcement employees.

And in a Judiciary Committee across the capitol, The Donate Life PA Act, S.B. 180 (Greenleaf, R-Montgomery), was voted favorably and reported from the Senate Judiciary Committee on Monday. The bill provides a comprehensive framework for public education on organ and tissue donations and addresses best practices and methods for making anatomical donations. After a stop in the Senate Appropriations Committee, the bill is now on second consideration in the Senate.

There is also news of what didn’t happen on Monday, too. The House Consumer Affairs Committee had sun-shined consideration of S.B. 984 (Bartolotta, R-Washington), which would regulate transportation network companies. However, the bill was passed over due to concerns about some of the particulars of the proposal. Chairman Robert Godshall (R-Montgomery) stated that stakeholders’ agreed to language must be provided to him by April 27th, so the bill may be considered in the first week of May.

On Tuesday, both the House and Senate Environmental Resources and Energy Committees voted to disapprove the proposed Chapter 78/78a regulations, which apply to conventional and unconventional oil and gas well development. The Environmental Quality Board (EQB) approved the Department of Environmental Protection’s (DEP) final rulemaking in February. The fate on these regulations is now with the Independent Regulatory Review Commission (IRRC), which will consider them at their April 21st public meeting.

The House and Senate Education committees held a joint public hearing on the federal Every Student Succeeds Act (ESSA) on Tuesday as well. Secretary of the Department of Education Pedro Rivera described ESSA as No Child Left Behind’s replacement, with its implementation expected to take place in time for the 2017-18 school year. States will be given more resources and flexibility when it comes to academic standards, assessments and educator certification and evaluation.

Lastly on Tuesday, the Senate Law and Justice Committee unanimously recommended the nomination of Michael Newsome to the Pennsylvania Liquor Control Board (LCB). Newsome most recently served as Executive VP and CFO of the Wolf Organization. Prior to that, he served as Controller for the York Daily Record newspaper and an informational and administrative systems manager for Armstrong World Industries, Inc. The nomination must be confirmed by the full Senate before Newsome can assume his new post.

The House Urban Affairs Committee met on Wednesday to consider H.B. 1051 and H.B. 975, (both by Dean, D-Montgomery). H.B. 1051, which would allow victims of domestic violence to end their leases without penalty, was the subject of lengthy debate and was finally amended and tabled until May 17th. Dean’s other bill, H.B. 975, which would allow persons with disabilities or senior citizens to terminate their leases early to move to a family member’s residence or a home health agency for care, was reported from the committee with amendments.

On Wednesday, the 2016-2017 general appropriation bill was introduced and voted favorably from the House Appropriations committee. H.B. 1999 (Adolph, R-Delaware), will serve as the budget vehicle for the new fiscal year. The bill is considered a placeholder, and the current language of the bill is almost identical to the 2015-2016 general appropriations bill. Speaking on the bill, Chairman Adolph stated that “by doing this as early as we can it gives us more time to negotiate.”

A Look Ahead:

Neither chamber will return to Harrisburg until after the April 26th primary election, so expect things to be quiet on the session-front. Next week, only the House Urban Affairs Committee will meet—the committee will hold a public hearing on H.B. 1774 (Brown, R.-R, Monroe), which would assign the investigation of complaints regarding planned communities, cooperatives and condominiums to the Office of Attorney General’s Bureau of Consumer Protection. The hearing will be held on Wednesday in East Stroudsburg.

On Thursday, the Independent Regulatory Review Commission will meet to consider the Chapter 78/78a regulations discussed above, the RRC oil and gas well sites, the Center for Rural Pennsylvania will hold public hearing on heroin and opioid abuse, and the Public Utility Commission will hold its regularly scheduled public meeting.

In Other News: