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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.
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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:
* * *
(c) Notwithstanding any other provision of law, temporary
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.--* * *
(c) For the issuance of certificates of death by a local
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.
(c) The Department of State shall develop a process to
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).
(c) Individuals to be notified.--A notification required to
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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