The Senate unanimously approved House Bill 276, known nationally as “Marsy’s Law.” The measure would place the Crime Victim’s Bill of Rights in the state’s constitution.
The amendment would enshrine into the state constitution rights that include notifications and victim input during plea hearings, sentencings and parole proceedings. It also would ensure a prompt and final conclusion of cases and post-conviction proceedings, as well as a right to full restitution.
Opponents argued that the amendment would have immediate, profound and irreversible consequences for people accused and convicted of crimes. They also argued that the ballot question did not fully inform voters of what the proposal would do, and that the amendment improperly combined several elements that should have been voted separately.
House Bill 276 became Pamphlet Laws Resolution No. 1. It passed the 2018 and 2019 sessions and was set to be a referendum question on the 2019 General Election ballot. However, a divided state Supreme Court ruled that elections officials could not count or certify the results of the Marsy’s Law voter referendum.
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The Senate unanimously approved House Bill 315, which creates the offense of female genital mutilation.
Such mutilation is defined as knowingly circumcising, excising or infibulating the whole or any part of the genitalia of a girl. Provisions of the bill would also penalize parents for consenting to any of those practices or knowingly removing a girl from the state for the purpose of any of those practices.
The legislation provides for an exception if the cutting of genitalia is medically necessary and performed by a physician.
The legislation specifies that such mutilation conducted as a matter of custom, ritual or standard practice cannot be used as a defense to prosecution. Nor can a minor’s consent be used as a defense.
House Bill 315 became Act 21 of 2019.
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The Senate unanimously approved House Bill 384, which increases the fine for driving a vehicle without the proper class of license. This legislation raises the fine from $25 to a maximum fine of $200.
If a person provides proof of having held the proper license within the past six months, the fine is only $25. No person can be convicted of this offense if a valid driver’s license for the vehicle at the time can be produced within 15 days of being charged.
House Bill 384 became Act 22 of 2019.
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The Senate unanimously approved House Bill 502, which gives crime victims the right to watch court proceedings.
Victims may only be excluded if the court determines the victim’s testimony would be materially altered by witnessing the testimony of others. The court must permit the fullest attendance possible for the victims and consider alternatives to exclusion. Any reasons for exclusion must be clearly stated on the record.
House Bill 502 became Act 23 of 2019.
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The Senate unanimously approved House Bill 504, which is an expansion of the Rape Shield law and prohibits introducing a victim’s past sexual victimization or allegations of victimization in a criminal proceeding for the purpose of attacking his or her character.
In addition to sex crimes, this bill also shields from introducing cases of: assault, kidnapping, human trafficking, incest, endangering the welfare of a child (if the offense included sexual contact), corruption of minors, sexual abuse of children, unlawful contact with a minor, and sexual exploitation.
House Bill 504 became Act 24 of 2019.
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The Senate unanimously approved House Bill 1166, which establishes a board of wardens for the Port of Philadelphia by providing a rate increase for the river pilots who navigate trade vessels along the Delaware River and its navigable tributaries.
The rate hike is 1 percent in 2020, 1 percent in 2021 and 1 percent in 2022.
House Bill 1166 became Act 26 of 2019.
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The Senate unanimously approved Senate Bill 93, which would create the offense of drug delivery resulting in serious bodily injury.
This offense is committed if a person intentionally administers, dispenses, delivers, gives, prescribes, sells, or distributes any controlled substance or counterfeit controlled substance and another person suffers serious bodily injury.
A person committing this offense would be guilty of a third-degree felony.
The bill was referred to the House Judiciary committee.
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The Senate unanimously approved Senate Bill 112, which would expand limitations on providing opioid prescriptions from minors to everyone.
Prescribers would have to comply with certain procedures before issuing an individual the first prescription in a single-course treatment. This includes assessing prescription drugs the individual is or has taken for substance abuse, discussing the risks of addiction and overdosing with individuals or individual parents (in the case of a minor) and obtaining written consent for the prescription.
The bill also limits opioid prescriptions to seven days, unless it is for:
- management of pain associated with cancer;
- use in palliative or hospice care;
- management of chronic pain; or
- management of pain associated with a major surgical procedure.
The bill was referred to the House Health committee.
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The Senate approved Senate Bill 118 by a vote of 34-16. The bill would establish the Recovery to Work Pilot Program to provide career development opportunities and work experience through local workforce development boards for people recovering from drug addiction.
The program would be administered by the Department of Labor and Industry, which would approve participating local workforce development boards. The department would establish priority workforce areas and could approve up to seven pilot programs the first year.
Funding sources would include re-employment funds, existing funds appropriated to the department and funds appropriated to any participating agency. Businesses would receive an incentive payment of $1,250 if the worker remains employed an average of 35 hours per week for 12 consecutive weeks.
The department would develop and implement a system of evaluation and performance improvement and submit a report of findings from the pilot program to the governor, auditor general and leaders from the legislature.
The bill was referred to the House Labor & Industry committee.
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The Senate unanimously approved Senate Bill 123, which would provide more time for the Pennsylvania Board of Probation and Parole to consider parole requests from sexually violent predators.
The bill adds a section that would allow the board to neither consider nor dispose of a parole application by a sexually violent predator if a parole decision has been issued by the board within three years of the current application.
The bill was referred to the House Judiciary committee.
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The Senate unanimously approved Senate Bill 166, which would provide for the capital budget for the fiscal year 2019-20.
The maximum bond indebtedness the state would be authorized to incur would be $1.01 billion. Authorization for maximum debt incurred during the fiscal year 2019-2020 and thereafter would be as follows: buildings and structures – $550 million; furniture and equipment – $10 million; transportation assistance projects – $175 million; and redevelopment assistance projects – $275 million.
The total projects of $1.01 billion is down from $2,02 billion
The bill was referred to the House Appropriations committee.
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The Senate unanimously approved Senate Bill 223, which would allow EMS (emergency medical services) providers to leave a dose of naloxone with a family member or friend of a patient who has overdosed on opioids.
The legislation includes a provision that requires a standing order prescription by the Department of Health allowing for the purchase of naloxone by the public and a determination by the EMS provider at the scene that it is appropriate to dispense a dose-package of naloxone with the appropriate person who is in a position to assist.
EMS providers are not obligated to leave a dose package and are not liable for not stocking naloxone or leaving it.
Unless the dose package was supplied to the EMS provider free of charge, the provider may bill the patient’s insurer. The insurer may not be denied on the basis that the EMS provider is not licensed as a pharmacist.
The bill was referred to the House Veterans Affairs and Emergency Preparedness committee.
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The Senate unanimously approved Senate Bill 235, which makes the following appropriations for fiscal year 2019-2020:
- Increasing the appropriation from the Professional Licensure Augmentation Account within the General Fund to the Bureau of Professional and Occupational Affairs within the Department of State from $49.723 million to $55.525 million;
- Increasing the appropriation from the restricted receipts account of the State Board of Medicine from $9.031 million to $9.581 million;
- Increasing the appropriation from the restricted receipts account of the State Board of Osteopathic Medicine from $2.422 million to $2.564 million;
- Increases the appropriation from the restricted receipts account of the State Board of Podiatry from $300,000 to $420,000; and
- Increases the appropriation from the restricted receipts account of the State Athletic Commission from $647,000 to $845,000.
Senate Bill 235 became Act 7 of 2019.
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The Senate unanimously approved Senate Bill 236, which decreases the appropriation from the Workmen’s Compensation Administration Fund to the Department of Labor and Industry for administration of the Workers’ Compensation Act from $71.215 million to $70.364 million and increases the appropriation from the Workmen’s Compensation Administration Fund to the Office of Small Business Advocate within the Department of Community and Economic Development from $275,000 to $280,000 for fiscal 2019-2020.
Senate Bill 236 became Act 8A of 2019.
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The Senate unanimously approved Senate Bill 237, which decreases the appropriation from the restricted revenue account within the General Fund to the Office of Small Business Advocate within the Department of Community and Economic Development from $1.855 million to $1.795 million for fiscal 2019-2020.
Senate Bill 237 became Act 9A of 2019.
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The Senate unanimously approved Senate Bill 238, which increases the appropriation from the restricted revenue account within the General Fund to the Office of Consumer Advocate within the Office of the Attorney General from $5.850million to $6.025 million for fiscal 2019-2020.
Senate Bill 238 became Act 10A of 2019.
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The Senate unanimously approved Senate Bill 239, which increases the appropriation from the Public School Employees’ Retirement Fund to the Public School Employees’ Retirement Board (PSERS) from $51.637 million to $51.838 million for fiscal year 2019-2020.
The bill also decreases the appropriation from the PSERS Defined Contribution Fund to PSERS from $4.950 million to $2.454 million.
The legislation adds a new section that appropriates $4 million from the Public School Employees’ Retirement Fund to PSERS for any contractual services and all expenses relating to investment office consolidation.
Senate Bill 239 became Act 11A of 2019.
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The Senate unanimously approved Senate Bill 240 which increases the appropriation from the State Employees’ Retirement Fund to the State Employees’ Retirement Board (SERS) from $30.766 million to $31.808 for fiscal 2019-2020.
The bill decreases the appropriation from the SERS Defined Contribution Fund to SERS from $4.901 million to $3.852 million.
The legislation adds a new section that appropriates $1.4 million from the School Employees’ Retirement Fund to SERS for any contractual services and all expenses relating to investment office consolidation.
Senate Bill 240 became Act 12A of 2019.
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The Senate unanimously approved Senate Bill 241 which increases the appropriation from the Philadelphia Taxicab and Limousine Regulatory Fund to the Philadelphia Parking Authority from $2.654 million to $3.357 million for the 2019-20 fiscal year.
The bill increases the appropriation from the Philadelphia Taxicab Medallion Fund to the authority from $200,000 to $275,000.
Senate Bill 241 became Act 13A of 2019.
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The Senate unanimously approved Senate Bill 242, which increases the appropriation to the Public Utility Commission for salaries, wages and all necessary expenses from $74.185 million to $75.533 million for fiscal 2019-2020. This appropriation comes from a restricted revenue account within the General Fund.
The bill also increases the Federal Appropriation for National Gas Pipeline Safety to $4.414 million and decreases the federal appropriation for Motor Carrier Safety to $1.138 million.
Senate Bill 242 became Act 14A of 2019.
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The Senate unanimously approved Senate Bill 243 which makes annual appropriations for the regulation and enforcement of the gaming industry for fiscal year 2019-20. These appropriations include:
- Increasing the appropriation from the State Gaming Fund restricted revenue account to the Attorney General for salaries, wages and necessary expenses relating to gaming enforcement from $1.340 million to $1.460 million.
- Increasing the appropriation from the state Gaming Fund restricted revenue account to the Department of Revenue for salaries, wages and necessary expenses relating to gaming regulation from $8.267 million to $8.687 million.
- Increases the appropriation from the state Gaming Fund restricted revenue account to the Pennsylvania State Police for salaries, wages and necessary expenses relating to gaming enforcement from $29.115 million to $29.686 million.
- Decreases the appropriation from the state Gaming Fund restricted revenue account to the Pennsylvania Gaming Control Board for salaries, wages and necessary expenses relating to gaming regulation from $46.153 million to $46.067 million.
- Decreases the appropriation from the Fantasy Contest Fund restricted revenue account to the Pennsylvania Gaming Control Board for salaries, wages and necessary expenses relating to fantasy gaming regulation from $400,000 to $253,000.
- Decreases the appropriation from the Fantasy Contest Fund restricted revenue account to the Department of Revenue for salaries, wages and necessary expenses relating to fantasy gaming regulation from $1.459 million to $210,000.
- The bill adds language to the appropriation from the Video Gaming Fund restricted revenue accounts to allow repayment of any amounts expended during the 2017- 18 and 2018-19 fiscal years for administration of video gaming regulation. It also decreases the appropriation from the Video Gaming Fund restricted revenue accounts to the Pennsylvania Gaming Control Board for salaries, wages and necessary expenses relating to video gaming regulation from $2 million to $1.192 million.
- Decreases the appropriation from the Video Gaming Fund restricted revenue accounts to the Department of Revenue for salaries, wages and necessary expenses relating to video gaming regulation from $856,000 to $494,000.
The legislation also adds language to the Video Gaming Fund restricted revenue accounts part of the legislation and makes it clear the amount appropriated to the Pennsylvania Gaming Control Board is a loan and shall be repaid in a manner provided by law.
Senate Bill 243 became Act 15A of 2019.
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The Senate unanimously approved Senate Bill 321, which would empower a municipality in a Third-class county to prohibit the location of VGT (Video Gaming Terminals) establishment licensees within the municipality.
The bill provides these municipalities 60 days to pass a resolution and submit it to the state Gaming Control Board. The resolution prohibits licensees regardless of whether a license has already been issued.
If a municipality rescinds its prohibition, it may not subsequently enact a new prohibition.
Senate Bill 321 became Act 63 of 2019.
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The Senate unanimously approved Senate Bill 399 which amends the Sexual Assault Training and Evidence Collection Act by adding the following rights to the statute’s list of rights of sexual assault victims:
- The right to a free medical forensic examination;
- The right to have a sexual assault evidence collection kit preserved without charge for the duration of the maximum applicable statute of limitations and the right to be informed in writing of policies governing the collection and preservation of such kits;
- The right, upon written request, to receive written notification no later than 60 days before destruction of the sexual assault evidence collection kit;
- The right to consult with a sexual assault counselor;
- The right to receive information concerning availability of protective orders and policies related to the enforcement of protective orders;
- The right to receive information on the availability of, and eligibility for, victim compensation and restitution; and
- The right to receive information of the rights of sexual assault victims.
Senate Bill 399 became Act 29 of 2019.
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The Senate unanimously approved Senate Bill 432, which would expand access to the Prescription Drug Monitoring Program by allowing specific individuals to query the Achieving Better Care by Monitoring All Prescriptions Program to review requested dispensing or prescribing of controlled substances to individuals enrolled in the Medicaid program. These individuals include:
- State contractors involved in quality improvement strategies, program integrity initiatives or internal compliance review and data reporting for the medical assistance program, Children’s Health Insurance Program (CHIP), Pharmaceutical Assistance Contract for the Elderly (PACE) or Pharmaceutical Assistance Contract for the Elderly Needs Enhancement tier (PACENET).
- Employees of organizations that have agreements to be paid on a capitated basis to provide service to medical assistance beneficiaries engaged in care management, quality improvement strategies, program integrity initiatives or internal compliance reviews and data reporting for the medical assistance program.
These individuals would be required to notify the Department of Human Services and the Office of the Attorney General if they suspect fraud while querying and reviewing this database.
The bill was referred to the House Health committee.
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The Senate unanimously approved Senate Bill 536 which would establish the Public Higher Education Funding Commission to review and provide recommendations regarding higher education funding and operations.
The measure would also include developing a higher education funding formula and identify funding distribution factors such as: goals for higher education, completion and attainment; the state’s higher education needs; affordability; resident and non-resident undergraduate and graduate enrollments; graduation rates; time and cost for degree; operation cost per full-time student; student debt; job placement after graduation; entry-level wages; use of existing education programs and facilities; transfer and articulation of credits between public institutions; and access and success of underrepresented populations.
The powers and duties of the commission would include: reviewing and making recommendations on higher education funding; consulting with experts; receiving input from interested parties; holding public hearings; considering nationwide higher education funding factors; considering the impact of funding distribution factors on higher education funding; reviewing the administration and operation of higher education programs and services and making recommendations for cost savings, efficiencies, administration and operations; Considering the potential consequences of a higher education funding formula that provides less funding to an institution than was provided the previous year; drafting a proposed higher education funding formula and funding distribution factors; drafting proposed legislation based on the commission’s findings; and issuing a report of the commission’s findings within a year.
The higher education funding formula would not take effect without legislative enactment. The legislature would also determine the level of state funding for public colleges. The commission would be required to reorganize every 5 years to meet and hold public hearings on the operation of the higher education funding provisions, as well as issue a report of its findings.
The bill was referred to the House Education committee.
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The Senate unanimously approved Senate Bill 572, which provides for opioid treatment agreements. These agreements between patients and prescribers are designed to ensure that patients understand his/her treatment responsibilities, responsibilities of providers and conditions for medication use and terminating treatment.
This legislation requires prescribers to do the following:
- Assess whether the individual has taken or is currently taking a prescription to treat a substance use disorder;
- Discuss the risks of addiction and overdose, the dangers of taking an opioid prescription with certain drugs and alcohol, nonopioid treatment options for chronic noncancer pain in accordance with best practices per the Pennsylvania Opioid prescribing Guidelines and other information deemed appropriate by the prescriber;
- Discuss non-opioid treatment options with patients experiencing chronic non-cancer pain;
- Review and sign a treatment agreement form;
- Obtain the individual’s written consent for the prescription; and
- Record the consent on the treatment agreement form.
The bill would require a baseline test, periodic testing or targeted testing for an individual new to treatment for chronic pain and to monitor if he/she is adhering to an existing treatment plan, as well as to detect the use of a non-prescribed drug.
Senate Bill 572 became Act 112 of 2019.
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The Senate approved Senate Bill 634 by a vote of 49-1. The measure provides for the Conservation Excellence Grant Program. This program is established to provide additional financial and technical assistance to farmers to install and implement best management practices on their land.
Senate Bill 634 became Act 39 of 2019.
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The Senate unanimously approved Senate Bill 661 which establishes an annual Commonwealth Specialty Crop Block Grant Program for specialty crops that are not currently eligible for grant payments.
Programs eligible to receive grants under this legislation are those who do the following:
- Increase child and adult nutrition knowledge and consumption of specialty crops;
- Participation of industry representatives at meetings of international standards;
- Improving efficiency and reducing costs of distribution systems;
- Assisting entities in the specialty crop distribution chains in developing good agricultural practices, good handling practices, good manufacturing practices and in cost-share arrangements for funding audits of such systems for small farmers, packers and processors;
- Investing in specialty crop research, including organic research to focus on conservation and environmental outcomes and enhancing food safety;
- Developing new and improved seed varieties and specialty crops;
- Pest and disease control; and
- Sustainability
Funds will be allocated using the following formula:
- Up to 8 percent of the funds may be used by the department for administrative costs.
- An amount equal to 6.2 percent of the money shall be allocated to recipients and projects located in rural municipalities where at least 20 percent of the population has been below the Federal poverty line since 1990 based on census data.
- An amount equal to 3.8 percent of the money shall be allocated to recipients and projects located in urban municipalities where at least 20 percent of the population has been below the federal poverty line since 1990 based on census data.
- The balance of the money remaining shall be allocated to recipients and projects in a manner which seeks to distribute the money evenly among eligible specialty crops. Funds allocated shall be used only for approved, eligible activities within the Commonwealth Specialty Crops Block Grant parameters and the grant agreement.
Senate Bill 661 became Act 40 of 2019.
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The Senate approved Senate Bill 675 by a vote of 41-9. The measure would require the Department of Drug and Alcohol Programs to establish a program certifying that buprenorphine office-based prescribers are qualified to prescribe buprenorphine.
The legislation would prohibit prescribing buprenorphine unless the patients provide evidence demonstrating their active participation in a department-licensed addiction treatment program Evidence of participation in the addiction treatment program is document in the patients’ medical records and the buprenorphine office-based prescriber must be certified by the department.
The bill was referred to the House Human Services committee.
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The Senate unanimously approved Senate Bill 724 which makes corrections to Act 5 of 2017 (PA Pension Reform) and the Public School Employees’ Retirement System (PSERS).
The bill amends the definition of “eligible annuitants” to specify that only Class DC participants receiving distributions are eligible for premium assistance. The legislation also makes a correction to allow only Class DC participants who are receiving a distribution to be eligible to vote on the PSERS board. Previously any hybrid pension member of the board who had made DC contributions was eligible to vote for an annuitant member. This outlines the law with its original intent.
The bill also makes several other changes to the PSERS system including:
- Provides for circumstances in which an employer is no longer participating in PSERS;
- Clarifies that PSERS can now deduct the amount owed for entities that no longer receive subsidies and to clarify the timing of the quarterly payments;
- Alters how the total employer contribution is calculated to now include the employer defined contribution rate; and
- Adds a requirement that the forfeiture of non-vested employer contributions be applied to administrative expenses rather than to the most recent employer.
Senate Bill 724 became Act 72 of 2019.
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The Senate unanimously approved Senate Bill 733, which is the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act for 2019. The bill appropriates $2 million annually for 10 years from the Pennsylvania Gaming and Economic Development and Tourism Fund within the Department of Community and Economic Development.
Senate Bill 733 became Act 113 of 2019.