Please wait while the document is loaded.

SENATE AMENDED
A05314
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
SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED, APRIL 20, 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. Section 1304(b) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
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.
1
2
3
4
5
6
7
8
9
10
11
12
(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.
* * *
Section 2. This act shall take effect in 60 days.
§ 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
A05314 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
REQUIRED UNDER SUBSECTION (A), TO THE ISSUING AUTHORITY.
* * *
SECTION 2. THE AMENDMENT OF 23 PA.C.S. § 1306(B) SHALL BE
RETROACTIVE TO MARCH 18, 2020.
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).
(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) 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
A05314 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
required under section 6344(b)(3) if all of the following
apply:
(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.
A05314 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) An individual who commences employment under
paragraph (1) shall be required to submit the information
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
daycare center, group daycare home or family childcare home
under paragraph (1) shall comply with section 6344(m)(5).
(5) This subsection shall expire December 31, 2020.
(c) Required record.--An employer, administrator, supervisor
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.
A05314 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SECTION 3 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(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.
A05314 - 6 -
1
2
3
4
5