The Pennsylvania State Capitol Building, in downtown Harrisburg, Pennsylvania.
Following is a listing of executive and legislative action for the week of Oct. 22. Both houses of the General Assembly were in recess. The state House of Representatives is set to reconvene on Nov. 13. The Pennsylvania Senate is scheduled for a session day on Nov. 14.
Standardized Testing
Gov. Tom Wolf on Oct. 25 signed into law a measure to provide students with more options to meet high school graduation requirements and de-emphasizing Keystone Exams.
The bill is now Act 158 of 2018.
“How a student does on high-stakes tests is not a useful way to decide if someone is ready to graduate from high school,” Wolf said. “This new law gives students several options to demonstrate what they’ve learned and that they’re ready to graduate from high school to start a career or continue their education.
“Parents and students have made clear there’s too much standardized testing. This reform builds on the common-sense changes we’ve made to reduce the reliance on standardized tests to evaluate student performance. Last spring, we reduced testing time for the PSSAs for students in third through eighth grade, and now high school students will be provided with additional pathways to graduation.”
Under the new law students have several options to demonstrate postsecondary readiness in addition to testing, including career and technical education students attaining an industry-based certification. The new statewide graduation requirement is scheduled to go into effect for the graduating class of 2021-22.
Domestic Violence
One year after he first called on legislators to pass a package of domestic violence bills, Wolf on Oct. 25 signed the remaining piece of legislation from that package into law.
By signing Senate Bill 919, now Act 148 of 2018, Wolf completes the passage of a package of bills he urged legislators to pass on Oct. 24, 2017, according to a statement from the governor’s press office. The package included Senate Bills 449, 500, 501, 502 and 919. In April of this year he asked House leaders and committee chairs to send him those same bills that had passed overwhelmingly in the Senate.
“Signing this final domestic violence bill into law is gratifying and I thank the General Assembly for getting this bill to my desk,” Wolf said. “But, this doesn’t stop the need to continue to push for additional legislation to decrease the prevalence of domestic violence and to protect victims. I will continue to work with legislators, advocates and victims to be sure we are doing all we can to increase protections against domestic violence.”
The final bill, sponsored by Pennsylvania Sen. Art Haywood, D-Montgomery, allows a public housing tenant who is a victim of domestic or sexual violence to request relocation if the domestic or sexual violence occurred on or near the home within 90 calendar days of the request. The tenant may also request relocation if they believe they are in imminent harm from domestic or sexual violence if they remain in the home.
“Access to safe housing is one of the most considerable barriers for victims trying to leave abusive situations,” said Julie Bancroft, chief public affairs officer for the Pennsylvania Coalition Against Domestic Violence.
Bills Signed
Among the bills signed into law by Wolf on Oct. 23 and 24 were the following:
• House Bill 163, which would remove driver’s license suspension as a penalty for drug convictions and six other low-level offenses. It is now designated as Act 95 of 2018.
• House Bill 1013, requiring insurance companies and Medicaid to reimburse emergency medical services agencies for services provided when care is rendered, but transport to a hospital does not take place. Now Act 103 of 2018.
• House Bill 1284, streamlining processes and procedures for opening and running businesses in Pennsylvania by codifying the “Pennsylvania Business One-Stop Shop”— consolidating business information from many agencies into a single website—as a function of the Department of Community and Economic Development. Now Act 107 of 2018.
• House Bill 1539, a response to the opioid crisis, granting temporary guardianship to grandparents or other adult family members stepping in as caregivers for the children of parents who have been affected by drug or alcohol addiction. Now Act 88 of 2018.
• Senate Bill 554, barring the criminal prosecution of child victims of human trafficking and sexual exploitation for crimes they have been forced or coerced to commit. Now Act 130 of 2018.
• Senate Bill 897, enabling governments, nonprofit organizations and businesses to collect restitution if they are victims of a crime. Now Act 145 of 2018.
• Senate Bill 915, extending the time period for the filing of a post-conviction relief petition from 60 days to one year when new evidence is discovered. Now Act 146 of 2018.
• Senate Bill 916, expanding the use of post-conviction DNA testing to prove innocence. Now Act 147 of 2018.
• Senate Bill 961, increasing penalties for repeat offenders convicted of driving under the influence of alcohol or other substances and having Pennsylvania join the vast majority of states that treat repeat DUI as a felony. Now Act 153 of 2018.
• Senate Bill 1205, updating and streamlining corporate governance disclosure requirements for insurance companies and including exemptions for some small companies. Now Act 163 of 2018.
Bills Vetoed
Wolf on Oct. 24 vetoed three bills sent to him by the General Assembly:
• House Bill 83, which was aimed at accelerating the retirement of the state government’s general obligation debt.
“This legislation restricts the state’s flexibility to restructure outstanding debt to reduce future liabilities for citizens of the commonwealth,” Wolf said in his veto message. “Maximizing the commonwealth’s ability to secure the least costly interest rate and repayment terms is essential to enable the commonwealth to reduce annual debt service payments whenever possible to enable savings to fund other essential commonwealth programs.”
• House Bill 2157, which would establish a Commission for Agriculture Education Excellence that would provide for the application of credits from science, technology, engineering and mathematics course toward completion of an agricultural education program.
Wolf said in a veto message that the bill would jeopardize federal funding of agricultural education programs, by removing approval authority from the Pennsylvania Department of Education.
“By removing program approval authority from the department, this bill would impair those schools’ ability to receive this funding and would eliminate funding for agricultural education programs approved under this bill’s provisions,” Wolf said.
He also pointed out that the Wolf administration distributed $57 million in career and technical education funding statewide.
• Senate Bill 1172, which would limit the reach of Pennsylvania’s anti-price-gouging law, which makes it illegal to raise prices in emergency zones. It was passed because the opioid emergency declared by Wolf has statewide effect.
“This legislation alters the existing standard in determining price gouging and permits pre-established increased costs during emergencies. Further, the legislation encourages the prices of consumer goods and services to be increased prior to a state of disaster emergency being declared. This legislation undermines the purpose of the act by reducing the standard for determining an unconscionable excessive price and shortens the period of this prohibition,” Wolf said in a veto statement. “Rather than burdening consumers, I look forward to continuing to work with the General Assembly to protect the citizens of the commonwealth during a public emergency.”
Pre-existing Conditions
Wolf announced on Oct. 24 that the state government would not request a waiver to allow health care plans that do not offer consumer protections, including for pre-existing conditions, to receive subsidies meant for comprehensive coverage on the marketplace.
Wolf framed his decision as helping to ensure that individuals with pre-existing conditions have access to affordable, quality health care and, according to an administration statement, was made in the wake of recent moves by the federal government to steer more Americans to substandard health insurance plans without protections for pre-existing conditions.
“Coverage for pre-existing conditions like cancer, pregnancy, and multiple sclerosis is an essential protection for millions of Pennsylvanians and my administration will stand in the way of any attempt to roll back those protections,” Wolf said.
Under Obamacare, federal waivers allow states flexibility to improve their health insurance marketplaces.
But, according to the Wolf administration, the federal government’s newly released proposed guidelines, if adopted, would support the proliferation of plans that lack critical elements of meaningful health insurance, such as comprehensive benefits. Insurance Commissioner Jessica Altman said the proposed guidelines would put the stability of Pennsylvania’s insurance market at risk.
