Labor and Industry Committee 09/26/06

The Senate Labor and Industry Committee met on Tuesday, September 26, 2006, and unanimously reported out the following bills as amended:

House Bill 881 (Allen) – This bill would make several amendments to the Pennsylvania Construction Code Act. Sen. Gordner offered amendment A9459, which changes the effective date of the bill, includes building plans drafted by engineers for expedited permit approval, requires the Department of Labor and Industry to post notice of public hearings for municipal ordinance changes on its Web site, and clarifies language. A vote of 10-0 was recorded on the amendment and bill.

House Bill 2738 (Allen) – This bill would amend the Workers’ Compensation Act to provide for resolution hearings, require workers’ compensation judges to set a mandatory trial schedule, require mandatory mediation, reform the Workers’ Compensation Appeal Board, and establish an Uninsured Employers Guaranty Fund to provide benefits to injured workers whose employers did not carry required coverage. Sen. Gordner offered amendment A9458, which changes the effective date of the bill, permits teleconferencing for mandatory mediation, removes language that would have required rehearings to be conducted by the entire Workers’ Compensation Appeal Board, removes language that would have raised compensation rates for workers’ compensation judges, and clarifies language. A vote of 10-0 was recorded on the amendment and bill.

Labor and Industry Committee 06/28/06

The Senate Labor and Industry Committee met on Wednesday, June 28, 2006, and unanimously reported out the following bills as committed:

House Bill 2627 (Flick) – This bill would clarify legislative intent in Act 59 of 2005, which amended the Emergency and Law Enforcement Personnel Death Benefits Act.

House Bill 2802 (Nailor) – This bill would amend the Sign Language Interpreter and Transliterator State Registration Act to require the State Board of Education to establish criteria for individuals working in the state’s K-12 schools as interpreters.

Labor and Industry Committee 06/19/06

The Senate Labor and Industry Committee met on Monday, June 19, 2006, and unanimously reported out the following bill as committed:

House Bill 30 (Lederer) – This legislation would provide for workers’ compensation payments to be divided when there are children whose guardian is different from the surviving widow or widower.

The committee reported out the following bill as amended:

Senate Bill 1090 (Tartaglione) – This bill would make editorial changes to the Minimum Wage Act of 1968.  Sen. Tartaglione offered amendment A8159, which would have inserted language from House Bill 257 and proposed raising the state’s minimum wage to $7.15 per hour.  A party-line vote of 4-7 was recorded on this amendment. 

Sen. Scarnati offered amendment A8178, which would raise the state’s minimum wage to $6.30 per hour by January 2007 and $6.65 per hour by January 2008.  This amendment would also provide for a small business exemption.  A party-line vote of 7-4 was recorded on this amendment.

A final vote of 9-2 was recorded on the bill as amended.

Labor and Industry Committee 05/01/06

The Senate Labor and Industry Committee met on Monday, May 1, 2006, and reported out the following bill unanimously as committed:

Senate Bill 1179 (Rhoades) - This bill would amend the Pennsylvania Construction Code Act to exclude coal-fired boilers that are installed or repaired in residential buildings from these requirements.

The following bills were reported out unanimously as amended:

House Bill 1637 (Kenney) – This bill would amend the Mechanics’ Lien Law of 1963.  Senator Scarnati offered amendment A7546, which would create a new definition for “residential building” and make changes to current state law permitting contractors to waive their right to file a lien.  Under this bill, as amended, a contractor or subcontractor would be permitted to waive his right to file a claim for residential buildings when the contract is less than $1 million.  A subcontractor also would be permitted to waive his right to file a claim when the contractor has posted a bond guaranteeing payment for labor and materials.  For non-residential buildings, contractors and subcontractors would not be permitted to waive their rights to file a claim.  Also, a claimant would be required to file a claim within six months (currently, four months) of completing work.  The committee agreed to the amendment unanimously.

House Bill 2319 (Allen) – This bill, known as the “Prohibition of Illegal Immigrant Alien Labor on Assisted Projects Act,” would prohibit the use of illegal immigrant labor on state-funded projects.  Senator Scarnati offered amendment A7547, which would provide grant recipients with an affirmative defense when they have complied with federal hiring regulations under the Immigration Reform and Control Act of 1986, they have ensured their subcontractors have also complied with federal regulations, and they have notified federal authorities if they discover their subcontractors have utilized illegal labor.  The committee agreed to the amendment unanimously.

Labor and Industry Committee 04/18/06

The Senate Labor and Industry Committee met on Tuesday, April 18, 2006, and reported out the following bill unanimously as committed:

House Bill 2319 (Allen) – This bill, known as the “Prohibition of Illegal Immigrant Alien Labor on Assisted Projects Act,” would prohibit the use of illegal immigrant labor on state-funded projects.  Under this bill, a grant or loan recipient would be found in violation if he is sentenced for a federal offense involving knowing use of illegal labor or if he knowingly permitted a contractor to use illegal labor.  A grant recipient would be required to repay the grant in full.  A loan recipient would be required to pay the difference between the interest rate given and 6 percent.  In addition, violators would be ineligible to apply for any state grant or loan for two years.

The following bill was reported unanimously as amended:

Senate Bill 1046 (Mellow) – This bill, also known as “Nicholas’ Law,” would require all pool owners to secure their pools with a locked barrier.  Sen. Mellow offered a technical amendment, to which the committee agreed.

Labor and Industry Committee 02/07/06

The Senate Labor & Industry Committee met on Tuesday, February 7, 2006, and reported out the following nominees unanimously:

Herbert W. Hoffman, Workers’ Compensation Appeals Board

Labor and Industry Committee 02/01/06

The Senate Labor & Industry Committee met on Tuesday, January 31, 2006, and reported out the following bill unanimously as committed:

Senate Bill 1090 (Tartaglione) – This bill would amend the Minimum Wage Act of 1968.

Labor and Industry Committee 12/12/05

The Senate Labor and Industry Committee met on Monday, December 12, 2005, and reported out the following nominee unanimously:

Larry Dunn, Unemployment Compensation Board of Review

Labor and Industry Committee 11/15/05

The Senate Labor and Industry Committee met on Tuesday, November 15, 2005, and reported out the following bill unanimously as committed:

Senate Bill 733 (Gordner) – This bill would increase monthly payments to claimants under the Pennsylvania Occupation Disease Act by $25 to $150. 

The following bill was reported out unanimously as amended:

House Bill 163 (Adolph) – This bill would remove the pension-offset provision in Pennsylvania’s unemployment compensation law.  Sen. Scarnati offered two amendments, which would prohibit employees from receiving unemployment compensation while they are receiving severance pay and change the effective date of the act.

Labor and Industry Committee 11/01/05

The Senate Labor and Industry Committee met on Tuesday, November 1, 2005, and reported out the following bill unanimously as committed:

Senate Bill 243 (Pileggi) – This bill would include sheriffs and deputy sheriffs under the Enforcement Officer Benefits Law.

The following bills were reported out unanimously as amended:

Senate Bill 736 (Robbins) – This bill would amend the Pennsylvania Construction Code Act to grandfather commercial structures that the Department of Labor and Industry has considered “illegally existing.”  Sen. Scarnati offered amendment A3539, which replaces the original language, explicitly defines an “uncertified building,” and provides for how the department shall regulate these buildings.

Senate Bill 437 (Orie) – This bill would make technical changes to the Enforcement Officer Benefits Law and prohibit a recipient of benefits under the law to return to light-duty work.  Sen. Scarnati offered amendment A3134, which removes the light-duty provision.

Labor and Industry Committee 6/28/05

The Senate Labor and Industry Committee met on Tuesday, June 28, 2005, and reported out the following bill as amended:

Senate Bill 643 (Gordner) – This bill would amend the Workers’ Compensation Act to indemnify contractors from providing workers’ compensation coverage to self-employed subcontractors.  Senator Scarnati offered amendment A1929, which further defines the term “independent contractor” and provides that such individuals file a signed affidavit with the Department of Labor & Industry asserting their status as an independent contractor.  The amendment and the bill were approved by a vote of 7 to 4.

Labor and Industry Committee 5/14/05

The Senate Labor & Industry Committee met on Tuesday, June 14, 2005, and unanimously reported out the following nominee:

James Darby, Pennsylvania Labor Relations Board

The following bills were unanimously reported out as committed:

Senate Resolution 76 (Lemmond) – This resolution would direct the Legislative Budget and Finance Committee to conduct a study of all state services and programs provided to individuals who are deaf or hard of hearing

House Bill 875 (Hutchinson) – This bill would make emergency personnel, law enforcement officers, and National Guard members eligible for death benefits if they suffer a fatal heart attack or stroke within 24 hours of a responding to an emergency or participating in physical training.  Sen. Ferlo expressed concern about how the 24-hour time period might be determined, and Sen. Scarnati said he would look into the issue further.

The following bill was reported out as committed:

House Bill 89 (Steil) – This bill would repeal and make changes to the state’s child labor law to correlate it with federal law and make updates to definitions and administrative procedures.  Sen. Logan expressed concerns about the bill’s provisions regarding newspaper carriers.  Under this legislation, children as young as 11 would be permitted to begin work after 5 a.m. and could work seven days a week.  A vote of 7-4 was recorded.

Labor and Industry Committee 5/2/05

The Senate Labor & Industry Committee met on Monday, May 2, 2005, and reported out the following bill as committed:

Senate Bill 359 (Scarnati) – This bill would require unemployment compensation referees to dismiss unemployment compensation appeals when the appellant fails to appear after being duly notified.  Sen. Ferlo noted that the AFL-CIO and the Unemployment Compensation Board are opposing this bill, and Sen. Scarnati responded that negotiations are ongoing with both groups regarding the bill.  A vote of 7-4 was recorded.

The following bills were unanimously reported out as amended:

Senate Bill 464 (Scarnati) – This bill would allow employers to be represented by non-attorneys during unemployment compensation proceedings.  Sen. Scarnati offered amendment A0226, which was technical in nature.

Senate Bill 16 (Tomlinson) – This bill would add law enforcement officers of limited jurisdiction to the list of covered employees under the Public Employe Relations Act.  Sen. Piccola offered amendment A0786, which explicitly defines “law enforcement officers of limited jurisdiction.”