Amendment 4964 to Senate Bill 841 P.N. 1410, Regular Session 2019-2020

S0841B1410A04964 SFL:JMT 04/06/20 #90 A04964

AMENDMENTS TO SENATE BILL NO. 841

Sponsor: SENATOR CORMAN

Printer's No. 1410

Amend Bill, page 1, line 1, by striking out "Title" and

inserting

Titles

Amend Bill, page 1, line 1, by inserting after "Safety)"

and 42 (Judiciary and Judicial Procedure)

Amend Bill, page 1, line 6, by striking out the period after

"indigent" and inserting

; providing for COVID-19 disaster emergency; in local

organizations and services, further providing for general

authority of political subdivisions; and, in Uniform Unsworn

Foreign Declarations Act, further providing for heading of

chapter, for short title of chapter, for definitions, for

applicability and for form of unsworn declaration.

Amend Bill, page 2, by inserting between lines 16 and 17

3317. Expiration.

Amend Bill, page 40, by inserting between lines 28 and 29

(1) The council shall prepare a report to provide a

Pennsylvania-perspective on the effect of the COVID-19

disaster emergency on hospitals and health care facilities in

this Commonwealth by aggregating data related to COVID-19

expenses and lost revenue reported by hospitals and health

care facilities in order to qualify for Federal and State

assistance. The report shall include the following data

points if available:

(i) Increased costs related to provider and staff

training, including training on pandemic preparedness

plans and the use of telemedicine.

(ii) Increased staffing costs.

(iii) Costs related to COVID-19 testing.

(iv) Costs associated with sourcing and purchasing

additional supplies and equipment.

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(v) Costs associated with setting up emergency

operations centers, including construction and

retrofitting facilities to provide separate screening and

security areas.

(vi) Costs associated with providing housing and

care for patients who do not require hospitalization but

do not have housing in order to prevent spread of COVID-

19.

(vii) Loss of revenues due to suspension of elective

services not related to COVID-19.

(viii) Other data points required to be reported by

hospitals or health care facilities to the Federal

government or State government to receive COVID-19

assistance.

(2) The report shall be submitted to the following:

(i) The Secretary of the Department of Health, the

Secretary of the Department of Human Services.

(ii) The Chair and Minority Chair of the

Appropriations Committee of the Senate and the Chair and

Minority Chair of the Health and Human Services Committee

of the Senate.

(iii) The Chair and Minority Chair of the House

Appropriations Committee of the House of Representatives,

the Chair and Minority Chair of the Health Committee of

the House of Representatives and the Chair and Minority

Chair if the Human Services Committee of the House of

Representatives.

(3) The initial report shall be issued by the council no

later than January 15, 2021, and shall be updated quarterly

thereafter for one year following the termination or

expiration of the COVID-19 disaster emergency under section

7301(c) (relating to general authority of Governor) .

(4) As used in this subsection, the term "COVID-19

disaster emergency" shall have the same meaning as given to

it under section 5701 (relating to definitions).

Amend Bill, page 45, by inserting between lines 21 and 22

§ 3317. Expiration.

This chapter shall expire 10 years after the effective date

of this section.

Section 1.1. Title 35 is amended by adding a chapter to

read:

CHAPTER 57

COVID-19 DISASTER EMERGENCY

Subchapter

A. Preliminary Provisions

B. Property Tax

C. Educational Tax Credit

D. Notarial Acts

E. Local Government Meetings

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SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

5701. Definitions.

§ 5701. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"COVID-19 disaster emergency." The duration of the

proclamation of disaster emergency issued by the Governor on

March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020) and

any renewal of the state of disaster emergency.

SUBCHAPTER B

PROPERTY TAX RELIEF

Sec.

5711. Scope of subchapter.

5712. Definitions.

5713. Real property tax relief.

§ 5711. Scope of subchapter.

This subchapter provides temporary authority to a taxing

district to deal with the taxation of all real property made

taxable by the laws of this Commonwealth during the COVID-19

disaster emergency.

§ 5712. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Tax collector." An individual or entity elected, appointed

or otherwise required to collect a tax for a taxing district.

"Taxing district." Any of the following entities that is

authorized under the laws of this Commonwealth to impose a tax

on the assessed value of real property:

(1) City of any class in this Commonwealth.

(2) County of any class in this Commonwealth.

(3) Borough, town or township of any class in this

Commonwealth.

(4) Incorporated town.

§ 5713. Real property tax relief.

(a) General rule.--Notwithstanding any other law and subject

to subsection (b), a taxing district may, by majority vote of

the taxing district's governing body, do any of the following

for the collection of a tax imposed on the assessed value of

real property that would otherwise be due by December 31, 2020:

(1) Collect the tax at the taxing district's prescribed

discount rate, if any, no later than August 31, 2020.

(2) Waive any fee or penalty otherwise associated with

the late payment of the tax if paid in full by December 31,

2020.

(b) Resolution required.--Any taxing district electing to

exercise a power under subsection (a) shall do so by delivering

a resolution of the governing body to the tax collector for the

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taxing district within 30 days of the effective date of this

subsection.

SUBCHAPTER C

EDUCATIONAL TAX CREDIT

Sec.

5721. Waivers and penalties.

§ 5721. Waivers and penalties.

(a) Applicability.--This section applies only to the tax

years affected by the COVID-19 disaster emergency.

(b) Requirements.--Notwithstanding any other provision of

law, the following shall apply:

(1) The requirement under section 2004-B(d) of the act

of March 10, 1949 (P.L.30, No.14), known as the Public School

Code of 1949, requiring business firms to make a contribution

to a scholarship organization, pre-kindergarten scholarship

organization, opportunity scholarship organization or

educational improvement organization no later than 60 days

following the approval of an application under subsection (a)

or (b) of section 2004-B of the Public School Code of 1949 is

extended until the end of the business firm ' s applicable tax

year.

(2) A business firm shall provide proof of its

contribution in the form of a written acknowledgment from the

scholarship organization, pre-kindergarten scholarship

organization, opportunity scholarship organization or

educational improvement organization to the Department of

Community and Economic Development within 30 days of the

contribution made under paragraph (1).

(3) Business firms fulfilling year two of a two-year

commitment that are impacted by the COVID-19 disaster

emergency shall be permitted to receive a tax credit of up to

90% of the amount contributed in year two. As part of the

COVID-19 disaster emergency, the department is prohibited

from reducing the credit authorized in year one of the two-

year agreement, if the year two contribution is less than the

year one contribution for business firms in a two-year

commitment .

SUBCHAPTER D

NOTARIAL ACTS

Sec.

5731. Remotely located individual.

§ 5731. Remotely located individual.

(a) Authorization .--

(1) Upon the effective date of this section, the

Department of State shall immediately authorize a notary

public to conduct notarial acts in the manner authorized by

this section, if the notary gives notice to the department as

required under subsection (g)(1) and uses a communication and

identity proofing technology designated in the department's

March 25, 2020, notice of the limited suspension of the

requirements of 57 Pa.C.S. § 306 (relating to personal

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appearance required), or that is designated in a list of

additional acceptable technologies subsequently adopted by

the department.

(2) A notary public may use any other technology within

30 days of giving notice as required by subsection (g)(1),

unless the department for good cause prohibits the use of the

technology for failure to satisfy the requirements of this

section or determines that use of the technology should be

delayed pending an evaluation of the technology.

(3) This section shall expire 60 days after termination

or expiration of the COVID-19 disaster emergency under

section 7301(c) (relating to general authority of Governor).

(b) General rule.--A remotely located individual may comply

with 57 Pa.C.S. § 306 by appearing before a notary public by

means of communication technology.

located in this Commonwealth may perform a notarial act

facilitated by communication technology for a remotely located

individual if all of the following apply:

(1) The notary public:

(i) has personal knowledge under 57 Pa.C.S. §

307(a) (relating to identification of individual) of the

identity of the individual;

(ii) has satisfactory evidence of the identity of

the remotely located individual by oath or affirmation

from a credible witness appearing before the notary

public under 57 Pa.C.S. § 307(b) or under this section;

(iii) is able to reasonably identify the individual

by at least two different types of identity proofing

processes or services.

(2) The notary public is able to reasonably identify a

record before the notary public as the same record:

(i) in which the remotely located individual made

the statement; or

(ii) on which the remotely located individual

executed the signature.

(3) The notary public, or a person acting on behalf of

the notary public, creates an audio-visual recording of the

performance of the notarial act, including all interactions

between the notary public and the remotely located

individual.

(4) If the remotely located individual is located

outside the United States, all of the following apply:

(i) The record:

(A) is to be filed with or relates to a matter

before a court, governmental entity, public official

or other entity under the jurisdiction of the United

States; or

(B) involves:

(I) property located in the territorial

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jurisdiction of the United States; or

(II) a transaction substantially connected

with the United States.

(ii) The act of making the statement or signing the

record is not prohibited by the foreign state where the

remotely located individual is located.

(d) Notarial certificate.--If a notarial act is subject to

this section, the certificate of notarial act required by 57

Pa.C.S. § 315 (relating to certificate of notarial act) and the

short form certificate under 57 Pa.C.S. § 316 (relating to short

form certificates) must indicate that the notarial act was

performed by means of communication technology.

(e) Sufficiency.--A short form certificate under 57 Pa.C.S.

§ 316 for a notarial act subject to this section is sufficient

if the short form certificate is in the form provided by 57

Pa.C.S. § 316 and contains a statement substantially as follows:

"This notarial act involved the use of communication

technology."

(f) Audio-visual recording.--

(1) This subsection applies to:

(i) a notary public;

(ii) a guardian, a conservator or an agent of a

notary public; or

(iii) a personal representative of a deceased notary

public.

(2) A person under paragraph (1) shall retain the audio-

visual recording created under subsection (c)(3) or cause the

recording to be retained by a repository designated by or on

behalf of the notary public. The person shall retain the

recording for at least 10 years after the recording is

created.

(g) Notification.--

(1) Before a notary public performs the notary public's

initial notarial act under this section, the notary public

must notify the department that the notary public will be

performing notarial acts facilitated by communication

technology and identify the technology.

(2) If the department has established standards for

approval of communication technology or identity proofing

under 57 Pa.C.S. § 327 (relating to regulations), the

communication technology and identity proofing must conform

to the standards.

(h) (Reserved).

(i) Promotion of uniformity.--Before promulgating, amending

or repealing regulations about the performance of a notarial act

with respect to a remotely located individual, the department

shall consider, if consistent with this subchapter, all of the

following:

(1) The most recent standards regarding the performance

of a notarial act with respect to remotely located

individuals promulgated by a national standard-setting

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organization. This paragraph includes the National

Association of Secretaries of State.

(2) Standards, practices and customs of other

jurisdictions that enact a statutory provision substantially

similar to this section.

(3) The views of governmental officials and entities and

other interested persons.

(j) Certification of tangible copies.--

(1) Notwithstanding 57 Pa.C.S. § 304 (relating to

authority to perform notarial act, a notarial officer may

certify that a tangible copy of an electronic record is a

true and correct copy of the electronic record.

(2) Notwithstanding 57 Pa.C.S. § 320 (relating to

notification regarding performance of notarial act on

electronic record; selection of technology), a recorder of

deeds may accept for recording a tangible copy of an

electronic record containing a notarial certificate as

satisfying any requirements that the record be an original,

if the notarial officer executing the notarial certificate

certifies that the tangible copy is a true and correct copy

of the electronic record.

(k) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Communication technology." An electronic device or process

that:

(1) allows a notary public located in this Commonwealth

and a remotely located individual to communicate with each

other simultaneously by sight and sound; and

(2) makes reasonable accommodations for an individual

with a vision, hearing or speech impairment in accordance

with law.

"Department." The Department of State of the Commonwealth.

"Foreign state." A jurisdiction other than the United

States, a state or a federally recognized Indian tribe.

"Identity proofing." A process or service by which a third

person provides a notary public with a means to verify the

identity of a remotely located individual by a review of

personal information from public or private data sources.

"Outside the United States." A location outside the

geographic boundaries of:

(1) the United States;

(2) Puerto Rico;

(3) the Virgin Islands; and

(4) any territory, insular possession or other location

subject to the jurisdiction of the United States.

"Remotely located individual." An individual who is not in

the physical presence of the notary public performing a notarial

act under subsection (c).

SUBCHAPTER E

LOCAL GOVERNMENT MEETINGS

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Sec.

5741. Response to COVID-19 disaster emergency.

§ 5741. Response to COVID-19 disaster emergency.

(a) Authorization.--An agency, department, authority,

commission, board, council, governing body or other entity of a

political subdivision included in a declaration of disaster

emergency as specified under section 7501(d) (relating to

general authority of political subdivisions) may conduct

hearings, meetings, proceedings or other business through the

use of an authorized telecommunications device until the

expiration or termination of the COVID-19 disaster emergency.

(b) Quorum.--Notwithstanding any other provision of law, a

hearing, meeting, proceeding or other business conducted through

an authorized telecommunications device under this subsection

shall not require the physical presence at a meeting location of

a quorum of the participating members if a quorum is otherwise

established by the participating members through the authorized

telecommunications device.

department, authority, commission, board, council, governing

body or other entity of a political subdivision shall post

advance notice of each meeting conducted under subsection (a) on

the entity's publicly accessible Internet website, if any, in an

advertisement in a newspaper of general circulation, or both.

Public notice shall include the date, time, technology to be

used and public participation information as provided under

subsection (f).

(d) Minutes.--The draft minutes of a meeting called under

exigent circumstances, without advance notice to the public, to

address any issue related to the Governor's disaster emergency

declaration related to COVID-19 shall be posted within 20 days

after the meeting or before the next regularly scheduled

meeting, whichever is earlier.

(e) Unrelated issue.--An agency, department, authority,

commission, board, council, governing body or other entity of a

political subdivision shall not consider any application, plat,

plan, submission, appeal or curative amendment unrelated to the

Governor's declaration of disaster emergency related to COVID-19

during a meeting unless notice to the public and interested

parties has been provided at least five days prior to the

meeting via a post on the entity's publicly accessible Internet

website, if any, in a newspaper of general circulation, or both.

(f) Public participation.--To the extent practicable, an

agency, department, authority, commission, board, council,

governing body or other entity of a political subdivision shall

allow for public participation in a meeting, hearing or

proceeding through an authorized telecommunication device or

written comments. Written comments may be submitted to the

entity's physical address through United States mail or to a

email account designated by the entity to receive the comments.

(g) Action.--For an action required by law in consideration

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of any application, plat, plan or other submission for an

approval or for an action on an appeal or curative amendment,

the following shall apply:

(1) Notwithstanding any provision of law, for an

approval, application, plat, plan, submission, appeal or

curative amendment received or pending as of the date of or

during the Governor's declaration of a disaster emergency

related to COVID-19, the number of days provided to satisfy

statutory time limits in review, hearing and decision shall

be suspended and tolled as of the date of the disaster or

emergency declaration or as of the date received if received

during the disaster or emergency declaration, and shall

resume 30 days after the effective date of this section.

(2) Notification, in writing, shall be provided to each

applicant subject to this section of the disaster or

emergency, the time extension under this section and the

right to a request as provided under paragraph (3). A failure

to receive the notice provided under this section shall not

affect the tolling of the number of days provided to satisfy

statutory time limits for review, hearing and decisions.

(3) Within 30 days of the effective date of this

section, an applicant may request a meeting, hearing or

proceeding as may be required by law, and provisions

governing the application, plat, plan, submission, appeal or

curative amendment during the period of the disaster or

emergency in accordance with this section. The agency,

department, authority, commission, board, council, governing

body or other entity of a political subdivision shall have

discretion to proceed with a request under this paragraph.

If a proceeding is authorized, the applicant and each party

receiving actual notice of the proceeding shall be deemed to

waive any challenge to the proceedings under 65 Pa.C.S. Ch. 7

(relating to open meetings) or any other provision of law

that governs the notice, conduct or participation in a

meeting or proceeding.

(h) Applicability.--This section shall apply to COVID-19

disaster emergency.

(i) Expiration.--This section shall expire when the COVID-19

disaster emergency terminates or expires under section 7301(c)

(relating to general authority of Governor).

(j) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Approval." As defined in section 2 of the act of July 9,

2013 (P.L.362, No.54), known as the Development Permit Extension

Act.

"Authorized telecommunications device." The term includes

any device which permits, at a minimum, audio communication

between individuals.

Section 1.2. Section 7501(d) of Title 35 is amended to read:

§ 7501. General authority of political subdivisions.

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* * *

(d) Temporary suspension of formal requirements.--Each

political subdivision included in a declaration of disaster

emergency declared by either the Governor or the governing body

of the political subdivision affected by the disaster emergency

is authorized to exercise the powers vested under this section

in the light of the exigencies of the emergency situation

without regard to time-consuming procedures and formalities

prescribed by law (excepting mandatory constitutional

requirements) pertaining to the performance of public work,

entering into contracts, the incurring of obligations, the

employment of temporary workers, the rental of equipment, the

purchase of supplies and materials, the levying of taxes and the

appropriation and expenditure of public funds. Notwithstanding

any other provision of law, the governing body of a political

subdivision shall not be required to have a quorum physically

present at any one location in order to conduct business if a

quorum is otherwise established by the participating members

through an authorized telecommunication device.

* * *

Section 1.3. Chapter 62 heading and sections 6201, 6202,

6203 and 6206 of Title 42 are amended to read:

CHAPTER 62

UNIFORM UNSWORN [FOREIGN]

DECLARATIONS ACT

§ 6201. Short title of chapter.

This chapter shall be known and may be cited as the Uniform

Unsworn [Foreign] Declarations Act.

§ 6202. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Boundaries of the United States." The geographic

boundaries of the United States, Puerto Rico, the Virgin Islands

and any territory or insular possession subject to the

jurisdiction of the United States.]

"Law." Includes [the Federal or a state constitution, a

Federal or state] a statute, [a] judicial decision or order, [a]

rule of court, [an] executive order and [an] administrative

rule, regulation or order.

"Record." Information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is

retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a

record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record

an electronic symbol, sound or process.

["State." A state of the United States, the District of

Columbia, Puerto Rico, the Virgin Islands or any territory or

insular possession subject to the jurisdiction of the United

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States.]

"Sworn declaration." A declaration in a signed record given

under oath. The term includes a sworn statement, verification,

certificate and affidavit.

"Unsworn declaration." A declaration in a signed record

[that is] not given under oath but [is] given under penalty of

perjury.

§ 6203. Applicability.

This chapter applies to an unsworn declaration by a declarant

who at the time of making the declaration is physically located

within or outside the boundaries of the United States whether or

not the location is subject to the jurisdiction of the United

States. [This chapter does not apply to a declaration by a

declarant who is physically located on property that is within

the boundaries of the United States and subject to the

jurisdiction of another country or a federally recognized Indian

tribe.]

§ 6206. Form of unsworn declaration.

An unsworn declaration under this chapter must be in

substantially the following form:

I declare under penalty of perjury under the law of the

Commonwealth of Pennsylvania that the foregoing is true

and correct.[, and that I am physically located outside

the geographic boundaries of the United States, Puerto

Rico, the Virgin Islands and any territory or insular

possession subject to the jurisdiction of the United

States.

Executed] Signed on the........day of........,........,

at............................................,

(date)........(month)...........(year).........

(city] county or other location, and state)............

...............................................

(country)..................................

(printed name).............................

(signature)................................

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