| Summary of Legislation - June 2008 |
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American Society of Landscape Architects Summary of LegislationJune 2008
Budget and related issues moving forward
June 30th is the deadline for the Commonwealth to adopt a budget for the 2008-2009 fiscal year. But that is a deadline that has not been met since the current Governor took office in 2003. While most observers are not optimistic that the deadline will be met this year, there is a good deal of activity and negotiations occurring. The good news for the construction industry is that there are a number of infrastructure initiatives being discussed along with the possibility of a reduction in taxes. The list of proposals includes funding projects for flood control, water and sewer improvements, bridge repairs, prison construction and other capital budget buildings. It is too early to predict if any of the proposals make it through the budget battle, but there is significant activity and discussions taking place. Many legislators, particularly in the Senate Republican caucus, are also promoting tax cuts. That caucus is spearheading an effort to reduce the Corporate Net Income tax and make the Net Operating Loss tax provisions more favorable to business. There are also numerous proposals to reduce the Personal Income Tax rate too. Obviously, not every priority can be funded. That is particularly the case given the slowing economy.
Worker Misclassification Bill Moves Forward
A bill that would make it more difficult to misclassify workers as independent contractors was voted out of the House Labor Relations committee after being amended. House Bill 2400 provides definitions to distinguish between legitimate independent contractors and workers. The bill in its original form would cover all industries, but the amended bill that passed out of committee limits its application to the construction industry. Many people believe that the worst abuses of misclassification of workers occur in the construction industry. That, combined with the opposition from a broad cross-section of industries that opposed the bill in its original form, led to the amendment limiting the bill to construction. The bill passed the House on June 9th by a vote of 122 to 76. The bill is now in the Senate Labor and Industry committee. Legislative Activity HB 1096 RE: Uniform Construction Code Review Advisory Council (by Rep. Ron Buxton, et al) Amends the PA Construction Code Act to create the Uniform Construction Code Review Advisory Council. The Council would be charged with gathering information from municipal officers, building code officials, construction code officials, licensed design professionals, builders and property owners concerning issues with the Uniform Construction Code and evaluating this information in order to give recommendations to the Governor, Labor and Industry Committees in the Senate and House, the Secretary of Labor and Industry, President Pro Tempore of the Senate, Speaker of the House and the Code Development Councils of the International Code Council. The Council would also review new and amended provisions issued by the ICC to any of its codes and inform the department of any code provisions that should be excluded from the Uniform Construction Code by May 1 of the year of issuance of the latest triennial code issued by the ICC. The composition of the Council and meeting requirements are further provided for in the legislation. Reported as committed from Senate Appropriations Committee, 6/23/2008
Read Second time, 6/25/2008 Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, 6/30/2008
HB 1280 RE: Traditional Neighborhood Development (by Rep. Bob Freeman, et al) Amends PA Municipalities Planning Code further defining "traditional neighborhood development"; further providing for grants of power to municipalities by adding that a zoning ordinance or amendment may authorizes and provide for traditional neighborhood development, for standards and conditions for traditional neighborhood development designations and for manuals of written and graphic design guidelines; providing for subdivision and land development ordinance provisions applicable to traditional neighborhood development, further providing for time limitations, for procedure to obtain preliminary opinion and for implementation agreements. Reported as amended from Senate Local Government Committee, and read first time, 6/25/2008
HB 1589 RE: Capital Budget Project Itemization Act of 2007-2008 (by Rep. Dwight Evans, et al) Re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, as amended by the House, 6/30/2008 HB 1742 RE: Scrap Material Theft Prevention Act (by Rep. Eddie Day Pashinski, et al) Provides for identification requirements for sale of scrap materials to scrap processors and recycling facility operators. A scrap processor and recycling facility operator would be required to collect certain information for all transactions by a seller of restricted material and from all other sellers when the purchase of scrap material exceeds $100. Additionally, every scrap processor and recycling facility operator must develop methods of tracking a transaction that obtains the seller's signature on a receipt for the transaction. Every scrap processor and recycling facility operator must also create and maintain a permanent record with a commercial enterprise in order to establish a commercial account. A scrap processor and recycling facility operator may purchase the following scrap material only if the purchase occurs with a commercial enterprise in conjunction with a contract or letter of authorization from the commercial enterprise: (1) new production scrap or new materials that are a part of a manufacturing process that are being sold by an individual, not a company; (2) full sized, new materials, such as those used in construction, or equipment and tools used by contractors; (3) commercial metal property; (4) metallic wire that has been burned in whole or in part to remove insulation; (5) beer kegs; or (6) catalytic converters. The bill provides for law enforcement and penalties. Reported as amended from Senate Environmental Resources and Energy Committee, and read first time, 6/10/2008 HB 2113 RE: Industrialized/Commercial Modular Building (by Rep. Marc Gergely, et al) Amends the Industrialized Housing Act adding a definition for "industrialized/commercial modular building". Additionally, the department is authorized to enter into a multistate agreement for the purpose of regulating the construction of components of industrialized/commercial modular buildings. The department would adopt regulations to administer the program that are based on the model rules and regulations promulgated by the interstate industrialized buildings commission. Components of industrialized/commercial modular buildings that are certified under the program would be deemed to meet the requirements of Pennsylvania Construction Code Act. Reported as committed from House Appropriations Committee, amended on House floor, and read second time, 6/30/2008 HB 2231 RE: Redevelopment Assistance for Capital Projects Limit (by Rep. Dwight Evans) Amends the Capital Facilities Debt Enabling Act further by increasing the maximum amount of state redevelopment assistance for capital projects to $3.45 billion.
Laid on the table, removed from the table, 6/24/2008 HB 2380 RE: FY 2008-09 Budget (by Rep. Dwight Evans, et al) This is the budget bill providing for expenses of the Executive, Legislative and Judicial Departments, the public debt, for the public schools for the fiscal year July 1, 2008, to June 30, 2009. Resolution to discharge committee presented, 6/10/2008 Amended and held in House Appropriations Committee, 6/11/2008
Reported as amended from House Appropriations Committee, 6/26/2008
HB 2400 RE: Construction Industry Independent Contractor Act (by Rep. Brian Lentz, et al) Formerly titled the Employee Misclassification Prevention Act. As amended in the House Committee, states that an individual engaging in or performing services in the commercial or residential building construction industry for compensation is presumed to be an employee unless the individual can demonstrate by substantial credible evidence that the individual is free from control or direction over performance of such services both under the contract of service and in fact; and the individual is customarily engaged in an independently established trade, occupation, profession or business. The bill states that failure to withhold federal or state income taxes or pay unemployment compensation taxes with respect to an individual's compensation would not be considered in determining whether the individual is an independent contractor. Each employment relationship would be considered separately. A party that does not meet the definition of "employer" but which contracts with an employer knowing the employer intends to misclassify employees in violation of this act would be subject to the same penalties. Lastly, the department would submit an annual report to the General Assembly detailing the data on the previous calendar year's administration and enforcement of this act.
Reported as committed from House Appropriations Committee, 6/2/2008 Amended on House floor, read third time, and passed House, 6/9/2008 (122-76) Referred to Senate Labor and Industry Committee, 6/11/2008
HB 2509 RE: False Claims Act (By Rep. Mike Gerber, et al) Provides that any person who commits one of a list of acts (related to false claims) would be liable to the Commonwealth for three times the amount of damages which the Commonwealth sustains because of the act of that person. The person would also be liable to the Commonwealth for the costs of a civil action brought to recover any of those penalties or damages and would be liable to the Commonwealth for a civil penalty of not less than $5,000 and not more than $10,000 for each violation. The Attorney General would investigate a violation and if the Attorney General finds that a person has committed a violation, he may bring a civil action against that person. A civil action may not be brought more than ten years after the date on which the violation was committed.
Reported as amended from House Health and Human Services Committee, read first time, and rereferred to House Rules Committee, 6/11/2008 HB 2522 RE: Capital Budget Act of 2008-2009 (by Rep. Dwight Evans, et al) Appropriates $980,000,000 for the capital budget for the fiscal year 2008-2009.
Reported as committed from House Appropriations Committee, 6/9/2008 Read third time and passed House, 6/23/2008 (139-55) Reported as committed from Senate Appropriations Committee, and read first time, 6/30/2008
HB 2539 RE: Flood Protection Measures (by Rep. Tim Seip, et al) Amends the act entitled "An act authorizing the Department of Forests and Waters to provide for stream clearance and stream channel rectifications; to construct and maintain dams, reservoirs, lakes and other works and improvements for impounding flood waters, and conserving the water supply of the Commonwealth; and for creating additional recreational areas; to acquire by purchase, condemnation or otherwise, certain lands for such purposes; to construct and maintain flood forecasting and warning systems," by authorizing DEP to develop, implement and maintain nonstructural flood protection measures and stream channel environmental improvement projects; and to cooperate with counties, municipalities and municipal authorities to undertake the work. DEP may provide financial assistance to counties, municipalities and municipal authorities for these purposes. Prior to providing the assistance, DEP must have approved the plans and specifications of the project, and the municipality, county or authority must satisfy the terms and conditions of any agreement. Reported as committed from House Environmental Resources and Energy Committee, read first time, and rereferred to House Rules Committee, 6/11/2008 Reported as committed from House Rules, laid on the table, removed from the table and rereferred to House Appropriations Committee 6/16/2008 Read second time, 6/18/2008 Read third time and passed House, 6/23/2008 (182-13)
Received in the Senate and referred to Senate Environmental Resources and Energy Committee, 6/25/2008 HB 2542 RE: Rebuilding Pennsylvania Capital Budget Act (by Rep. Dwight Evans, et al) Provides for $240,000,000 for various public improvement projects, furniture and equipment expenses, transportation assistance, redevelopment assistance, flood control, and bridge projects in fiscal year 2008-2009.
Reported as committed from House Appropriations Committee, 6/9/2008 Read third time and passed House, 6/23/2008 (136-58) Received in the Senate and referred to Senate Appropriations Committee, 6/25/2008
HB 2546 RE: Flood Control Law (by Rep. Scott Conklin, et al) Amends the Flood Control Law further providing for purpose of act; adding definitions; further providing for plans, for proceedings, for powers and duties of the Department of Environmental Protection, for eminent domain, for flood control works and for financing; and making editorial changes. The bill removes references to the Water and Power Resources Board and replaces them with the Department of Environmental Protection and makes numerous other editorial changes. Reported as committed from House Appropriations Committee, read first time, and rereferred to House Rules Committee, 6/11/2008 Reported as committed from House Rules, laid on the table, removed from the table and rereferred to House Appropriations Committee 6/16/2008 Reported as committed from House Appropriations Committee, and read second time, 6/18/2008 Passed House, 6/23/2008 (162-34) Received in the Senate and referred to Senate Environmental Resources and Energy Committee, 6/25/2008 Reported as committed from Senate Environmental Resources and Energy Committee, and read first time, 6/30/2008
HB 2638 RE: Legacy Account Program (by Rep. Keith McCall, et al) Amends Title 64 (Public Authorities and Quasi-Public Corporations) further defining "private developer" and adding definitions relating to Commonwealth Financing Authority. The bill also establishes the Legacy Account Program, charged with designating five accounts for the purpose of providing financial assistance to eligible applicants, projects and expenses as determined for the Tourism Account, the Independent Higher Education Facilities Account, the Hospital Facilities and Medical Technology Account, the Vital Community Assets Account and the Economic Development Infrastructure Account, which includes high hazard dams and flood control. All money in the Pennsylvania Gaming Economic Development and Tourism Fund not previously allocated to projects under the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, would be allocated to the authority for distribution. The bill details the method of appropriation for each legacy account, and provides for applications, eligibility, limitations, and an annual report. Reported as amended House Commerce Committee, read first time, and rereferred to House Rules Committee, 6/27/2008
Provides for the allocation of all money in the Pennsylvania Gaming Economic Development and Tourism Fund not previously allocated to the Commonwealth Financing Authority for distribution for water or sewer projects, storm water projects, flood control projects and high hazard dam projects. For a ten-year period beginning with the initial deposits, no loans or grants shall be distributed for any project located in a city or county of the first or second class (Philadelphia, Pittsburgh and Allegheny County). The authority would incur indebtedness of up to $750 million to fund the projects. The bill provides for distribution of funds, project review, and requires and annual report to the General Assembly.
Reported as amended from Senate Appropriations Committee, 6/9/2008 Referred to House Environmental Resources and Energy Committee, 6/18/2008 Reported as amended from House Environmental Resources and Energy Committee, read first time, and laid on the table, 6/30/2008
SB 1087 RE: Electronic Advertising (by Sen. Bob Robbins, et al)
Reported as amended from Senate Communications and Technology Committee and read first time, 6/11/2008
SB 1389 RE: Supplemental 2007-08 Budget, FY 2008-09 Budget (by Sen. Gibson Armstrong) Amends the General Appropriation Act of 2007 increasing and decreasing Federal and State appropriations for the Department of Education, the Department of Public Welfare, the Department of State, the Pennsylvania Emergency Management Agency, the Pennsylvania Historical and Museum Commission, the courts of common pleas and community courts and magisterial district judges; and adding a Federal appropriation to the Department of Aging. As amended in the Senate, it includes the Senate Republicans' scaled down version of the Governor's proposed 2008-09 spending plan, and a 1% COLA for community MH/MR providers.
Reported as amended from Senate Appropriations, 6/16/2008
Received in the House and referred to House Appropriations Committee, 6/23/2008 Reported as amended from House Appropriations Committee, 6/30/2008 SB 1408 RE: Flood Control Law (by Sen. John Wozniak, et al) Amends the Flood Control Law further providing for purpose of act; adding definitions; further providing for plans, for proceedings, for powers and duties of the Department of Environmental Protection, for eminent domain, for flood control works and for financing; and making editorial changes. The bill removes references to the Water and Power Resources Board and replaces them with the Department of Environmental Protection and makes numerous other editorial changes. This bill is identical to HB 2546.
Reported as committed from Senate Environmental Resources and Energy Committee, and read first time, 6/10/2008
SB 1409 RE: Flood Protection Measures (by Sen. John Wozniak et al) Amends the act entitled "An act authorizing the Department of Forests and Waters to provide for stream clearance and stream channel rectifications; to construct and maintain dams, reservoirs, lakes and other works and improvements for impounding flood waters, and conserving the water supply of the Commonwealth; and for creating additional recreational areas; to acquire by purchase, condemnation or otherwise, certain lands for such purposes; to construct and maintain flood forecasting and warning systems," by authorizing DEP to develop, implement and maintain nonstructural flood protection measures and stream channel environmental improvement projects; and to cooperate with counties, municipalities and municipal authorities to undertake the work. DEP may provide financial assistance to counties, municipalities and municipal authorities for these purposes. Prior to providing the assistance, DEP must have approved the plans and specifications of the project, and the municipality, county or authority must satisfy the terms and conditions of any agreement. This bill is identical to HB 2539.
Reported as committed from Senate Environmental Resources and Energy Committee, and read first time, 6/10/2008
New Bills IntroducedSB 1443 RE: The Capital Budget Act of 2008-2009 (by Sen. Gibson Armstrong, et al) Appropriates $980,000,000 for the capital budget for the fiscal year 2008-2009.
Introduced and referred to Senate Appropriations Committee, 6/16/2008 Recommitted to Senate Appropriations Committee, 6/18/2008
Upcoming Meetings of Interest
None
2008 HOUSE SPRING SESSION SCHEDULE The House has announced the following session days for Spring 2008, subject to change July Dates pending
2008 SENATE SPRING SESSION SCHEDULE The Senate has announced the following session days for Spring 2008, subject to change July Dates pending
Fall Session Schedule has not been announced.
Copies of all bills of interest are available from the ASLA office, or they can be accessed via the Internet at http://www.legis.state.pa.us/WU01/LI/BI/billroom.htm. |