Regular Session 2019-2020 House Bill 0360 P.N. 3660

SENATE AMENDED

PRIOR PRINTER'S NOS. 331, 3583, 3657

PRINTER'S NO. 3660

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

360

Session of

2019

INTRODUCED BY TOPPER, WARREN, TOOHIL, BERNSTINE, BIZZARRO,

BRIGGS, CALTAGIRONE, CIRESI, T. DAVIS, DRISCOLL, ECKER,

EMRICK, GOODMAN, HERSHEY, HILL-EVANS, HOWARD, IRVIN,

ISAACSON, KAUFFMAN, KINSEY, KLUNK, McCLINTON, McNEILL,

D. MILLER, MIZGORSKI, NEILSON, PETRARCA, RABB, SANKEY,

SCHEMEL, SCHLOSSBERG, SCHWEYER, SHUSTERMAN, STAATS, ULLMAN,

DONATUCCI, HELM, GILLEN, NESBIT, RAVENSTAHL, DAWKINS,

HENNESSEY, SAPPEY, MALAGARI, MACKENZIE, MIHALEK, CONKLIN,

FRANKEL, HICKERNELL, BARRAR, DALEY, STURLA, INNAMORATO,

BROWN, READSHAW, PASHINSKI, MADDEN, HOHENSTEIN, MERSKI,

METCALFE, COOK, MILLARD, SCHLEGEL CULVER, SANCHEZ, SIMS,

BRADFORD, COMITTA, SOLOMON, FLYNN, HARRIS, KIM, FITZGERALD,

JAMES, DiGIROLAMO, RYAN, MASSER, MARKOSEK, MALONEY, DAVIDSON,

BROOKS, JOHNSON-HARRELL, ROZZI, THOMAS, HANBIDGE, WEBSTER AND

DUSH, FEBRUARY 4, 2019

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 29, 2020

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in marriage license, further providing

for restrictions on issuance of license and for oral

examination; and, in child protective services, providing for

pandemic of 2020.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1304(b) and 1306(b) of Title 23 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1304. Restrictions on issuance of license.

(b) Minors.--

(1) No marriage license may be issued if either of the

applicants for a license is under [16 years of age unless the

court decides that it is to the best interest of the

applicant and authorizes the issuance of the license.

(2) No marriage license may be issued if either of the

applicants is under 18 years of age unless the consent of the

custodial parent or guardian of the applicant is personally

given before the person issuing the license or is certified

under the hand of the custodial parent or guardian attested

by two adult witnesses and, in the latter case, the signature

of the custodial parent or guardian is acknowledged before an

officer authorized by law to take acknowledgments. When the

minor has no guardian and a judge of the court is absent or

not accessible for any reason, the office issuing the license

may appoint a guardian pro hac vice for the minor.] 18 years

of age.

* * *

§ 1306. Oral examination.

* * *

(b) Exception.--If an applicant is unable to appear in

person because of his active military service or because the

office of the register of wills is closed due to a state of

disaster emergency declared by the Governor under 35 Pa.C.S. §

7301(c) (relating to general authority of Governor) or a

declaration of judicial emergency under Article V of the

Constitution of Pennsylvania, a law of this Commonwealth, a rule

of court or other judicial order by the Supreme Court or any

agency or unit of the unified judicial system exercising a power

or performing a duty under 42 Pa.C.S. § 1721 (relating to

delegation of powers), the applicant shall be permitted to

forward an affidavit, which verifies all of the information

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required under subsection (a), to the issuing authority.

* * *

Section 2. Title 23 is amended by adding a section to read:

§ 6387. Pandemic of 2020.

(a) General rule.--Notwithstanding any provision of law to

the contrary, the following shall apply to any individual

required to obtain recertification under section 6344.4

(relating to recertification) during the disaster emergency

relating to COVID-19. The following shall apply:

(1) An individual shall have until December 31, 2020, to

obtain the recertification under section 6344(b)(3) (relating

to employees having contact with children; adoptive and

foster parents) OR UNDER SECTION 111(C.1) OF THE ACT OF MARCH

10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF

1949 .

(2) An individual shall be required to obtain the

certifications under section 6344(b)(1) and (2) as required

under section 6344.4.

(3) An individual who delays recertification under

section 6344(b)(3) OR UNDER SECTION 111(C.1) OF THE PUBLIC

SCHOOL CODE OF 1949 shall be required to obtain the

individual's subsequent recertifications required under

section 6344.4 within 60 months from the date of the

individual's most recent certification.

(b) Initial applicants.--The following shall apply:

(1) Notwithstanding any provision of law to the

contrary, an individual identified under section 6344(a) may

commence employment prior to obtaining the certification

required under section 6344(b)(3) if all of the following

apply:

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(i) The individual has been a resident of this

Commonwealth during the entirety of the previous 10-year

period or, if the individual has not been a resident of

this Commonwealth during the entirety of the previous 10-

year period, the individual has submitted an equivalent

certification under section 6344(b)(1) from the last

state in which the individual was a resident.

(ii) The individual has submitted the certifications

under section 6344(b)(1) and (2) to the employer,

administrator, supervisor or other person responsible for

employment decisions prior to the commencement of

employment.

(iii) An employer, administrator, supervisor or

other person responsible for employment decisions shall

document the reason, which relates to the COVID-19

disaster emergency, that the individual is unable to

obtain and submit the certifications required under

section 6344(b)(3).

(iv) The individual affirms, subject to the penalty

of 18 Pa.C.S. § 4903 (relating to false swearing), in

writing, that the individual is not disqualified from

employment pursuant to section 6344(c) or has not been

convicted of an offense similar in nature to those crimes

listed in section 6344(c) under the laws or former laws

of the United States or one of its territories or

possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation, or under

a former law of this Commonwealth.

(2) An individual who commences employment under

paragraph (1) shall be required to submit the information

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required under section 6344(b)(3) no later than December 31,

2020, or 60 days after the expiration of the declaration of

disaster emergency issued be the Governor on March 6, 2020,

published at 50 Pa.B 1644 (March 21, 2020), whichever is

sooner.

(3) If the information obtained pursuant to section

6344(b)(3) reveals that an individual is disqualified from

employment pursuant to section 6344(c), the individual shall

be immediately dismissed by the employer, administrator,

supervisor or other person responsible for employment

decisions.

(4) An individual who commences employment in a child

day-care center, group day-care home or family child-care

home under paragraph (1) shall comply with section 6344(m)

(5).

(5) This subsection shall expire December 31, 2020.

or other person responsible for employment decisions shall

maintain a copy of the required information under subsections

(a) and (b).

(d) Definition.--As used in this section, the term "COVID-

19" means the novel coronavirus as identified in the

proclamation of disaster emergency issued by the Governor on

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

Section 3. This act shall be retroactive as follows:

(1) The amendment of 23 Pa.C.S. § 1306(b) shall be

retroactive to March 18, 2020.

(2) The addition of 23 Pa.C.S. § 6387(a) and (c) shall

be retroactive to March 6, 2020.

Section 4. This act shall take effect as follows:

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(1) The amendment of 23 Pa.C.S. § 1304(b) shall take

effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

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