Trial Engrossment of Amendment A05913 to Senate Bill 1027 P.N. 1621, Regular Session 2019-2020

A05913

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1027

Session of

2020

INTRODUCED BY GORDNER, STEFANO, MENSCH, TARTAGLIONE AND

YUDICHAK, FEBRUARY 6, 2020

SENATOR DISANTO, STATE GOVERNMENT, AS AMENDED, APRIL 6, 2020

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in organization of independent administrative

boards and commissions, further providing for Pennsylvania

Gaming Control Board; in organization of departmental

administrative boards and commissions and of advisory boards

and commissions, further providing for State Geospatial

Coordinating Board.; in Commonwealth agency fees, further

providing for Department of Health; in powers and duties of

the Department of State and its departmental administrative

board, providing for report on implementation of 2020 general

primary election; providing for COVID-19 emergency statutory

and regulatory suspensions and waivers reporting requirements

and for COVID-19 debt cost reduction review; in judicial

administration, further providing for surcharges and fees;

and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 432.1(b)(1)(vii) and (viii) and (j) of

the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929, are amended, SUBSECTION (B)(1) IS

AMENDED BY ADDING A SUBPARAGRAPH and the section is amended by

adding a subsection to read:

Section 1. Section 309(b) introductory paragraph of the act

of April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929, is amended and the section is amended by adding a

subsection to read:

Section 309. Pennsylvania Gaming Control Board.--* * *

(b) In compiling the report under subsection (a), the

Pennsylvania Gaming Control Board shall consider and address the

following:

* * *

regulations published under 4 Pa.C.S. §§ 13A03 (relating to

temporary table game regulations), 13B03 (relating to

regulations), 13C03 (relating to temporary sports wagering

regulations), 13F07 (relating to temporary regulations) and 3303

(relating to temporary regulations) shall expire three years

after the date of publication.

Section 2. Section 432.1(b)(1)(vii) and (viii) and (j) of

the act are amended, subsection (b)(1) is amended by adding a

subparagraph and the section is amended by adding a subsection

to read:

Section 432.1. State Geospatial Coordinating Board.--* * *

(b) (1) The State Geospatial Coordinating Board shall

consist of the following members:

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* * *

(VI.1) THE SECRETARY OF AGRICULTURE OR A DESIGNEE.

(vii) Three members appointed by the President pro tempore

of the Senate in consultation with the Majority Leader and

Minority Leader of the Senate. One member shall be a

representative of a municipal authority. [One member] Two

members shall be [an elected] local government [official

representing a rural community. One member shall be an elected

local government official representing a suburban community]

officials or employees employes .

(viii) Three members appointed by the Speaker of the House

of Representatives in consultation with the Majority Leader and

Minority Leader of the House of Representatives. One member

shall be a local [elected] government official or employe

representing an urban community. One member shall be an employe

of a county emergency management agency. One member shall be an

individual with expertise in geospatial technology.

* * *

(f.1) The board may, with the approval of the Governor,

appoint an executive director who shall serve at the pleasure of

the board. The selection and removal of the executive director

shall be made by a simple majority of the voting members of the

board that constitute a quorum. Compensation for the executive

director shall be set by a vote of a majority of the board

members representing the Commonwealth agencies identified in

subsection (b)(1)(i), (ii), (iii) and , (iv), (V), (VI) AND

(VI.1), subject to the approval of the Executive Board. Funding

for the executive director's compensation shall be evenly

apportioned amongst all of the Commonwealth agencies identified

REPRESENTED BY MEMBERS in subsection (b)(1)(i), (ii), (iii) and ,

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(iv) , (V), (VI) AND (VI.1) and administered by the Governor's

Budget Office. The executive director shall be qualified for the

duties of the position, as determined by the board, and shall

conduct the work of the board under the board's direction and

supervision. No current member of the board may serve as the

executive director. The executive director's appointment shall

not continue beyond the expiration of this section. The

executive director shall be subject to the same policies and

procedures as employes of the Office of Administration.

* * *

(j) This section shall expire June 30, [2020] 2024.

Section 3. Section 609-A of the act is amended by adding

subsections to read:

Section 609-A. Department of Health.--* * *

registrar under subsection (a)(6)(ii), the following shall

apply:

(1) A local registrar shall issue certificates of death

from original certificates of death in its possession upon

completion of a period of instruction on the preparation of

certificates by representatives of the Division of Vital

Records.

(2) Each fee received by the local registrar under

subsection (a)(6)(ii) shall be distributed, retained or

transmitted to the Department of Health as follows:

(i) The following apply:

(A) Except as provided under clause (B), $3

shall be retained by the local registrar.

(B) If the limitation under subsection (d) has

been reached, $3 shall be transmitted to the

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Department of Health for deposit into the General

Fund.

(ii) Sixteen dollars shall be transmitted to the

Department of Health for deposit into the Vital

Statistics Improvement Account.

(iii) One dollar shall be transmitted to the

Department of Health for distribution to the county

coroner or medical examiner as provided for under section

206 of the act of June 29, 1953 (P.L.304, No.66), known

as the Vital Statistics Law of 1953.

(d) The following shall apply:

(1) Notwithstanding section 304(c)(1) of the Vital

Statistics Law of 1953, a local registrar may not be

compensated in excess of $85,000 in any one calendar year.

(2) Fees received from certificates of death issued

after March 6, 2020, and during 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, shall not

apply to the calculation of compensation under paragraph (1).

Section 4. The act is amended by adding a section to read:

Section 815. Report on Implementation of 2020 General

Primary Election.--(a) No later than sixty days after the 2020

general primary election under Article XVIII-B of the act of

June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code, the Department of State shall issue a report to

the chairperson and minority chairperson of the State Government

Committee of the Senate and the chairperson and minority

chairperson of the State Government Committee of the House of

Representatives. A copy of the report shall also be made

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available on the Department of State's publicly accessible

Internet website.

(b) The report under subsection (a) shall include all of the

following relating to the administration of the 2020 general

primary election by the Department of State, a county board of

elections under Article III of the Pennsylvania Election Code or

a registration commission established under 25 Pa.C.S. § 1203

(relating to commissions).

(1) For each county and the sum for this Commonwealth, the

number of applications for an absentee ballot which were

received by the county board of elections.

(2) For each county and the sum for this Commonwealth, the

number of applications for a mail-in ballot which were received

by the county board of elections.

(3) For each county and the sum for this Commonwealth, the

number of applications for an absentee ballot which were

approved by the county board of elections.

(4) For each county and the sum for this Commonwealth, the

number of applications for a mail-in ballot which were approved

by the county board of elections.

(5) For each county and the sum for this Commonwealth, the

number of absentee ballots which were voted by the electors.

(6) For each county and the sum for this Commonwealth, the

number of mail-in ballots which were voted by the electors.

(7) For each county and the sum for this Commonwealth, the

number of qualified electors voting by a provisional ballot

under section 1306(b)(2) of the Pennsylvania Election Code.

(8) For each county and the sum for this Commonwealth, the

number of qualified electors voting by provisional ballot under

section 1306-D(b)(2) of the Pennsylvania Election Code.

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(9) For each county and the sum for this Commonwealth, the

number of applications for an absentee ballot by an individual

who was not a registered elector at the time of the application

and for whom a voter registration application was timely

received after the application for an absentee ballot was

received.

(10) For each county and the sum for this Commonwealth, the

number of applications for a mail-in ballot by an individual who

was not a registered elector at the time of the application and

for whom a voter registration application was timely received.

(11) For each county and the sum for this Commonwealth, the

number of voter registration applications under section 1231 of

the Pennsylvania Election Code and 25 Pa.C.S. Pt. IV (relating

to voter registration) which were received:

(i) Fewer than thirty days before the 2020 general primary

election.

(ii) Fewer than fifteen days before the 2020 general primary

election.

(12) For each county and the sum for this Commonwealth, the

number of election officers appointed under section 1801-B of

the Pennsylvania Election Code.

(13) For each county and the sum for this Commonwealth, the

number of polling places consolidated under section 1802-B of

the Pennsylvania Election Code.

(14) For each county and the sum for this Commonwealth, the

number of polling places consolidated under section 1802-B of

the Pennsylvania Election Code which required approval of the

Department of State under section 1802-B(a)(3) of the

Pennsylvania Election Code.

(15) For each county and the sum for this Commonwealth, the

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number of polling places located in a location permitted under

section 1803-B of the Pennsylvania Election Code.

(16) For each county and the sum for this Commonwealth, the

number of polling places in school buildings.

(17) For each county, the date and time that the county

board of elections began pre-canvassing absentee ballots and

mail-in ballots under section 1308(g)(2) of the Pennsylvania

Election Code.

(18) For each county, the date and time that the county

board of elections began canvassing absentee ballots and mail-in

ballots under section 1308(g)(2) of the Pennsylvania Election

Code.

(19) For each county and the sum for this Commonwealth, the

number of absentee ballots which were challenged under section

1302.2(c) of the Pennsylvania Election Code.

(20) For each county and the sum for this Commonwealth, the

number of mail-in ballots which were challenged under section

1302.2-D(a)(2) of the Pennsylvania Election Code.

(21) For each county and the sum for this Commonwealth, the

number of absentee ballots subject to challenges under paragraph

(19) which were not canvassed.

(22) For each county and the sum for this Commonwealth, the

number of mail-in ballots subject to challenges under paragraph

(20) which were not canvassed.

(23) The number of incidents known to the Department of

State, county board of elections or registration commission

relating to each of the following categories:

(i) An absentee ballot or mail-in ballot which was sent to

the wrong individual or wrong address.

(ii) An absentee ballot or mail-in ballot which was voted by

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an individual other than the individual who applied for the

absentee ballot or mail-in ballot.

(iii) An absentee ballot or mail-in ballot which was

returned to the county board of elections by a means other than

the elector sending the absentee ballot or mail-in ballot by

mail or delivery in person.

(24) To the extent consistent with Federal and State law, a

review of any action taken by the Department of State, county

board of elections or registration commission in response to an

incident under paragraph (23) , including determinations made on

the incident, legal actions filed and referrals to law

enforcement.

(25) A review of issues or incidents encountered with an

electronic voting system that received the approval of the

Secretary of the Commonwealth under section 1105-A of the

Pennsylvania Election Code, including any technical issues

encountered in polling places.

collect data required to be included in the report under

subsection (b) from each county board of elections under Article

III of the Pennsylvania Election Code or registration commission

under 25 Pa.C.S. Pt. IV, as applicable. A county board of

elections or registration commission shall comply with the

process for submission of data under this subsection no later

than forty-five days after the 2020 general primary election

under Article XVIII-B of the Pennsylvania Election Code.

Section 5. The act is amended by adding articles to read:

ARTICLE XXI-C

COVID-19 EMERGENCY STATUTORY AND

REGULATORY SUSPENSIONS AND WAIVERS

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REPORTING REQUIREMENTS

Section 2101-C. Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"Order." Any of the following:

(1) the declaration of disaster emergency issued by the

Governor on March 6, 2020, published at 50 Pa.B. 1644 (March

21, 2020); or

(2) a declaration of disaster emergency relating to the

novel coronavirus known as "COVID-19" which is issued after

March 6, 2020.

Section 2102-C. Notification required.

(a) Suspensions, modifications and waivers requiring

modification.--The Office of the Governor shall notify the

individuals under subsection (c) no later than provided under

subsection (b) when a specific statute or regulation is

suspended, modified or waived under the authority of the order

or when a specific statute or regulation is first treated as

being suspended, modified or waived under a blanket suspension,

modification or waiver under the order. A notification under

this paragraph shall, at a minimum, notify the individuals of

the following:

(1) Any provision of regulatory statute or regulation

suspended or modified under 35 Pa.C.S. Ch. 73 Subch. A

(relating to the Governor and disaster emergencies) under the

order.

(2) Any provision of law or regulation suspended by the

Secretary of Health under the order.

(3) Any provision of law or regulation suspended or

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waived by the Secretary of Education under the order.

(4) Any laws or Federal or State regulations related to

the drivers of commercial vehicles waived or suspended by the

Department of Transportation under the order.

(b) Timeline for notification.--The following shall apply:

(1) An initial notification under this section shall be

made within two days of the effective date of this article

and shall include notifications of all suspensions,

modifications and waivers under subsection (a) which occurred

prior to the effective date of this article.

(2) A notification under this section other than an

initial report under paragraph (1) shall be made within one

day of the suspension, modification or waiver under

subsection (a).

be issued under this section shall be sent in writing by

electronic means to the President pro tempore of the Senate, the

Speaker of the House of Representatives, the Majority Leader of

the Senate, the Minority Leader of the Senate, the Majority

Leader of the House of Representatives and the Minority Leader

of the House of Representatives.

ARTICLE XXI-D

COVID-19 DEBT COST REDUCTION REVIEW

Section 2101-D. Review of refinancing opportunities.

The Treasury Department, in conjunction with the Secretary of

the Budget, the Auditor General and any chairperson of an

authority, commission, agency or board that has the power to

issue debt, shall identify and review all outstanding debt

obligations of the Commonwealth and its authorities,

commissions, agencies and boards and submit a report of the

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findings to the General Assembly no later than September 30,

2020. In addition to the identification and review of all

outstanding debt obligations, the report shall identify options

for the refinancing of the outstanding debt obligations to

reduce the costs to the Commonwealth and its authorities. Each

agency identified under this section shall provide to the

Treasury Department, within 30 days following the effective date

of this section, information as may be requested by the Treasury

Department, including the following, related to all outstanding

debt obligations of the agency:

(1) Total outstanding amount of all obligations.

(2) Most recent audited financial statement of the

agency.

(3) Description of each obligation, identifying senior

or subordinate debt and Federal tax treatment.

(4) Account of all security pledged for each obligation.

(5) Most recent rating associated with each debt

obligation, including rate covenant and maturity date.

(6) List of all additional associated agency obligations

or covenants.

(7) Annual debt service cost, debt service fund and debt

service reserve fund for each debt obligation.

(8) Risk factors and disclosure statements associated

with each debt obligation.

(9) Pending litigation that may financially impact the

debt obligations of the agency.

Section 6. Section 2802-E(a)(1) of the act is amended to

read:

Section 2802-E. Surcharge and fees.

(a) Imposition of surcharge and fees.--In addition to the

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fees imposed under 42 Pa.C.S. §§ 3733(a.1) (relating to deposits

into account) and 3733.1 (relating to surcharge), except as set

forth in subsection (b), the following apply:

(1) A surcharge of $11.25 shall be charged and

collected. This paragraph shall expire December 31, [2020]

2021.

* * *

Section 7. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

section 609-A(c) and (d).

(2) Section 1725-E(a) of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, is repealed.

Section 2 8. This act shall take effect immediately.

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