Labor and Industry Committee 04/08/08

The Senate Labor and Industry Committee met on Tuesday, April 8, 2008, and unanimously reported out the following bills as amended:

HB 1096: The bill amends the Pennsylvania Construction Code Act by establishing The Uniform Construction Code Review and Advisory Committee.  Amendment A06560 was offered which retains the ability of the Accessibility Advisory Board to review all Uniform Construction Code provisions that deal with accessibility requirements for persons with disabilities.  It also changes the Council’s quorum to 10 members and makes the effective date to immediately among other aspects.     

SR 263:  The resolution directs the Legislative Budget and Finance Committee to conduct a study relating to the funds collected from the $4 fee from construction or building permits and to report its findings to the General Assembly by June 30, 2008. Amendment A06441 was offered which changes when the Legislative Budget and Finance Committee reports its findings to the General Assembly to September.

Labor and Industry Committee 11/13/07

The Senate Labor and Industry Committee met on Tuesday, November 13, 2007, and reported out the following nominees unanimously:

James Darby, Esq., Pennsylvania Labor Relations Board

Eileen Melvin, Unemployment Compensation Board of Review

Labor and Industry Committee 06/05/07

The Senate Labor and Industry Committee met on Tuesday, June 5, 2007, and reported out the following bills as amended:

Senate Bill 466 (Robbins) – This bill would amend the Pennsylvania Construction Code Act to exempt temporary structures and pole barns at agricultural fairs. Sen. Gordner offered amendment A868, which changes the effective date of the act from 60 days to immediately, decreases the time limit for temporary structures from 180 to 30 days, and adds language that exempts pole barns from provisions of the International Fire Code. A vote of 11-0 was recorded on the amendment and bill.

Senate Bill 333 (Waugh) – This bill would amend the Pennsylvania Prevailing Wage Act to expand the definition of “maintenance work,” which is exempt from provisions of this act. Sen. Gordner offered amendment A869, which increases the threshold for prevailing wage projects from the current level of $25,000 to $175,000 and institutes an annual inflation adjustment for the threshold beginning Dec. 1, 2007. A vote of 7-4 was recorded on the amendment and bill.

Labor and Industry Committee 04/24/07

The Senate Labor and Industry Committee met on Tuesday, April 24, 2007, and unanimously reported out the following bill as amended:

Senate Bill 726 (Browne) – This bill would amend the Mechanics’ Lien Law of 1963 to make a change to the residential construction exclusion. Sen. Gordner offered amendment A473, which was technical in nature. A vote of 10-0 was recorded on the amendment and the bill.

Labor and Industry Committee 04/17/07

The Senate Labor and Industry Committee met on Tuesday, April 17, 2007, and reported out the re-nomination of Stephen Schmerin as Secretary of Labor and Industry. A vote of 8-2 was recorded.

Labor and Industry Committee 03/13/07

The Senate Labor and Industry Committee met on Tuesday, March 13, 2007, and unanimously reported out the following bill as committed:

Senate Bill 263 (Gordner) – This bill would increase payments to claimants under the Pennsylvania Occupational Disease Act by $25 to $150 per month.

The committee unanimously reported out the following bill as amended:

Senate Bill 437 (Regola) - This bill would amend the Pennsylvania Construction Code Act to abrogate certain sections of the 2006 International Residential Code related to concrete and masonry foundation walls. Sen. Gordner offered amendment A0094, which makes the bill effective immediately and provides language that clarifies legislative intent.

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.”

Labor and Industry Committee 11/10/04

The Senate Labor and Industry Committee met on Wednesday, November 10, 2004 and unanimously reported out the following bills as committed:

House Bill 1238 (Marsico) - This bill amends the Combustible and Flammable Liquids Act to allow explicitly diesel fuel to be dispensed using hold-open nozzles at self-service stations and states that containers for diesel fuel shall be color-coded yellow.  The bill also requires that persons using hold-open nozzles must remain within ten feet and within plain sight of the refueling point.  A sign must be posted explaining this requirement and that it is Pennsylvania law.  When this sign is posted as mandated, a non-compliant person may be liable for environmental clean-up costs resulting from a fuel spill. 

House Bill 2749 (Major) - This bill amends the Pennsylvania Construction Code Act to require the Department of Labor and Industry to utilize the latest national standards applicable to the operation of ski lifts.  This legislation eliminates the requirement that a ski lift be shut down when there is a non-fatal injury.

Labor and Industry Committee 9/29/04

The Senate Labor and Industry Committee met today 9-29-04 and reported out the following bills:

SR 211  This resolution directs the Joint State Government Committee to study the impact of overseas job outsourcing and report its findings to the General Assembly by Sept. 30, 2004.  This resolution was reported out unanimously 10-0.

SB 2285  This bill adds heart attacks and strokes to the list of covered deaths to the state death benefit program for emergency personnel.  This bill was reported out unanimously 10-0.

SB 2341 This bill amends the Public Employee Relations Act by providing that a law enforcement officer of limited ju8risdiction shall be prohibited from being included in any collective bargaining unit with other public employees.  Sen. Scarnatti offered A 3568 that would also include, liquor control officers, narcotics officers and probation and parole officers to the act.  The amendment and bill were reported out unanimously 10-0.

Labor and Industry Committee 6/16/04

The Senate Labor and Industry Committee met on Wednesday, June 16, 2004 and took the following actions:

1. Reported, by a unanimous vote, from Committee as amended Senate Bill #1139, which the Pennsylvania Construction Code (P.L. 491, No. 45), also referred to as the Uniform Construction Code (UCC), to further provide for both application and regulation of the Act, and for project definitions.

2. Unanimously confirmed the Governor's nomination of Daniel Fleck to the Workers' Compensation Appeals Board.

Labor and Industry Committee 3/30/04

The Senate Labor & Industry Committee met on Tuesday, March 30, 2004 and took the following actions:

1. Unanimously reported to the floor for a vote the executive nominations of Robert Krebs and Alfonso Frioni Jr. to the Workers' Compensation Appeals Board.

2. Unanimously reported out of the Committee House Bill #652, which would provide health/dental and pension benefits to crew leaders who are employed under the Department of Labor and Industry in the Pennsylvania Conservation Corp (PCC) 

Labor and Industry Committee 2/10/04

The Senate Labor and Industry Committee met on Tuesday, February 10, 2004, and took action as follows:

Reported Out as Committed (unanimously)

SB 930 pn 1210 (Pileggi)   The bill amends the Enforcement Officer Disability Benefits Law, extending the payment of the salary, medical and hospital expenses to sheriffs and deputy sheriffs under certain circumstances.

SB 953 pn 1259 (Kasunic)  The bill amends the Enforcement Officer Disability Benefits Law, extending benefits to certain employees of the Bureau of Forestry in the Department of Conservation and Natural Resources, waterways conservation officers of the Pennsylvania Fish and Boat Commission, wildlife conservation officers of the Pennsylvania Game Commission.

Labor and Industry Committee 12/19/03

The Senate Labor and Industry Committee met on Friday, December 19, 2003 and unanimously reported out the nomination of Richard Bloomingdale to the Unemployment Compensation Board of Review with a favorable recommendation.
 

Labor and Industry Committee 10/22/03

The Senate Labor and Industry Committee met on Wednesday, October 22, 2003 to consider the following bill:

As Amended:

HB 88 pn 2839 (Turzai) (Vote 7-4 on party lines) This legislation amends the Workers Compensation Act to change the requirement that "earning power" assessments be conducted by an expert approved by the Department of Labor and Industry, to a new requirement that such assessments be conducted by a vocational expert who meets minimum qualifications established by the department through regulation.

Amendment 3850 (Vote 7-4 on party lines) This amendment removes language added in the House that would prohibit and insurer from referring an employee for an earning power assessment to an entity/ person whom the insurer has a financial interest.

Labor and Industry Committee 6/17/03

The Senate Labor and Industry committee met today and took action on the following:

SB 131 (Orie)  This bill amends the Pa Human Relations Act by defining marital status and includes it in the list of unlawful discriminatory practices.  This bill was reported unanimously.

HB 674 (Steil)  This bill repeals the Child Labor Law and rplaces it with the Child Labor Act.  The new act will make Pennsylvania law more consistent with federal law.  An amendment was offered that would allow minor newspaper carriers to begin work at 5:00 am.  A minor may begin to deliver papers at age 11. The amendment passed by a vote of 9-2.  The bill was reported out unanimously.

Labor and Industry Committee 3/5/03

The Labor and Industry Committee met today to consider the nomination of Stephen Schmerin as Secretary of the Dept. of Labor and Industry. The nominee was unanimously voted out committee with.

Labor and Industry Committee 11/19/02

The Senate Labor and Industry Committee met today (11-19-02) and reported out the following bills:

HB 591 (Egolf)  This bill prohibits incarcerated individuals from receiving unemployment compensation benefits.  An amendment was offered by Sen. Tartaglione that requires the department to assist the unemployed  find suitable work and makes a person ineligible for benefits if they fail a drug test.  The amendment and bill passed unanimously.

HB 731 (Maitland)  This bill substantially raises the penalties for committing fraud on UC applications.  The bill was opposed by the Democratic members but was reported out 7-4.

HB 1898 (Metcalfe)  This bill provides relief of certain employer charges under the UC law.  A technical amendment was added in committee.  The bill and amendment were reported out unanimously.

HB 2183 (Butkovitz)  This bill gives first-level supervisors on the Turnpike Commission the right to collective bargain.  A minor amendment to change the expiration date was added.  The amendment passed unanimously and the bill passed 7-4, with all 4 negative votes coming from Republican members.

HB 2778 (Tulli)  This bill amends and the Workforce Development Act by providing greater accountability to the program.  Two minor amendments were added to the bill.  The amnedments and the bill were reported out unanimously.

HB 2780 (Steil)  This bill repeals the Child Labor Law and replaces it with an updated Child Labor Act.  The new law would unify and conform to federal standards.  A specific amendment that allows children to work in bowling alleys was included in committee.  The bill and amendment passed unanimously.     

Labor and Industry Committee 11/12/02

The Senate Labor and Industry Committee met today and reported out the following bills:

SB 1555 (Armstrong)  This bill extends the sunset provision of Act 54 of 1997.  That act extends unemployment compensation benefits for individuals who are pursuing interests of being self employed and are in danger of running out of benefits.  The bill passed unanimously from committee.

HB 974 (C. Williams) This bill strengthens Child Labor Laws by prohibiting “youth peddling” for minors under 16 years old.  The bill was passed unanimously.

HB 1547 (M. Baker) This bill amends the PA Conservation Corps Act by allowing crew leaders to accumulate service time to be used towards their state pension.  This bill passed unanimously.

HB 2444 (R. Miller) This bill includes local emergency coordinators under the Worker’s Compensation Act.  This bill passed unanimously.

HB 2737 and HB 2183 were pulled from the agenda.

Labor and Industry Committee 2/12/02

The Senate Labor and Industry Committee reported out the following bills today:

Senate Bill 813 (Sen. Armstrong), which would amend the Workers’ Compensation Act to indefinitely extend an employer’s eligibility for a five percent discount in its workers’ compensation policy rates for establishing a state-certified, operative safety committee. Currently, after the first year, the extension maximum is five years. To maintain the discount, the employer must annually verify to the Department of Labor and Industry and the insurer that the safety committee remains operative and in compliance with certification requirements.

House Bill 481 (Rep. Maitland), which would amend the Workers’ Compensation Act to provide a coverage compensation mechanism when a municipality that does not have its own voluntary emergency service agency – such as a fire company – has a contractual or other arrangement to use services provided by another community. The municipality using the service would be required to pay the other municipality a portion of the workers’ compensation premiums covering members of the applicable emergency organization.

House Bill 1171 (Rep. Flick), which would amend the Police Chief’s Act to add language ensuring that municipal police chiefs, police superintendents, police commissioners, and ranking officers not included in a bargaining unit receive at least the same dollar increase and fringe benefits in a new union contract as the highest ranking officer in the bargaining unit. However, the bill would permit the municipality’s governing body to provide, by a majority vote, a lesser pay increase for the chief and other non-bargaining unit officers.