Labor & Industry 2011-2012

The Senate Labor and Industry Committee met Monday, October 15, 2012 and reported out the following:

HB 235 (Clymer) – This bill creates the National Human Trafficking Resource Center Hotline Notification Act, providing for awareness and reporting assistance for reporting instances of human trafficking, and also establishes a victim services program.

HB 2530 (Tallman) – This bill creates the National Human Trafficking Resource Center Hotline Notification Act, providing for awareness and reporting assistance for reporting instances of human trafficking, and also establishes a victim services program.

HB 2628 (Aument) – This legislation amends the Industrialized Housing Act of 1972 to include language and provisions for manufactured housing.

Additionally, the committee approved the nomination of James A. Zurick, Esq. to the Workmen’s Compensation Board.


The Senate Labor and Industry Committee met Tuesday, October 2, 2012 and confirmed the following nominees to the Workers Compensation Appeals Board:

Thomas P. Cummings, Jr., Esq.
Alfonso Frioni, Jr., Esq.
Susan M. McDermott, Esq.


The Senate Labor and Industry Committee met Monday, October 1, 2012 and reported the following bill as amended:

SB 1495 (Ward) – This legislation amends the Mechanics’ Lien Law, providing for exceptions for liens filed by subcontractors and for court discharges of lien payments.


The Senate Labor and Industry Committee met Tuesday, May 22, 2012 and reported the following bills as amended:

HB 728 (Barrar) – This legislation amends the Combustible and Flammable Liquids Act of October 18, 2000 by adding a subsection providing for further regulations and safety requirements for emergency fuel shut-off devices.  Senator Gordner offered Amendment A10442, which was technical in nature.  The amendment was unanimously adopted.

HB 1055 (Mustio) – This legislation establishes the Professional Employer Organization Registration and Recognition Act, which is intended to regulate professional employer organizations in Pennsylvania.  Senator Gordner offered Amendment A09921, which changed the title (from Professional Employer Organization Registration and Recognition Act to Professional Employer Organization Act) and making several technical and substantive changes. The amendment removes registration, financial capability and enforcement language, and also adds language pertaining to employee information disclosure .  The amendment was unanimously adopted.

HB 1548 (Murt) – This legislation amends the act of May 13, 1915, known as the Child Labor Law, providing for further definitions and exemptions, provisions for permitting and revocation thereof, for reality and documentary programs. Senator Gordner offered Amendment A10457, which is a gut and replace amendment applying the Department of Labor and Industry’s recommended language into the bill.  Specifically, the amendment provides for specific permitting language; regulations of working hours; more stringent rules overseeing the establishment of trust accounts for portions of a minor’s salary; expanded safety precautions; and, special entertainment provisions, including language pertaining to reality and documentary programs. The amendment was unanimously adopted.


The Senate Labor and Industry Committee met on January 17, 2012 and reported out the following bill:

SB 1375, PN 1889 (Gordner) – This legislation amends the Unemployment Compensation Law to provide for Pennsylvania’s eligibility to receive the 60-day extension of federal unemployment compensation.  The bill was reported as committed by a vote of 10-1.


The Senate Labor and Industry Committee met on Wednesday, October 26, 2011, and reported out the following bill as committed:

SB 1310 – The legislation amends the Unemployment Compensation Law by permitting the Pennsylvania Economic Development Financing Authority to issue bonds that will allow the Federal Unemployment Account to be paid in full.  In addition, an Unemployment Compensation Amnesty Program will be authorized for a three month period in 2012 that will partially waive unpaid interest debt in return for outstanding obligations being paid in full.  Senator Tartaglione offered amendment A5756 that would make additional changes to the State Adjustment Factor.  The amendment failed by a vote of 3-8.  A vote of 10-1 was recorded on the bill.


The Senate Labor and Industry Committee met on Tuesday, October 18, 2011, and reported out the following bill as amended:

SB 338  – The bill creates the National Human Trafficking Resource Center Hotline Act which will make it easier for victims of human trafficking to get help through the postings of a hotline in various places throughout Pennsylvania.  Senator Gordner offered amendment A5338 which provides that any business may volunteer to hang these signs as well as some technical adjustments to the bill.  The amendment and the bill as amended passed unanimously.

SB 1069 – The bill creates the Professional Employer Organization Registration and Recognition Act which requires all PEOs and PEO groups to register with the Department of Labor and also lists the responsibilities of PEO clients and PEOs.  Senator Gordner offered amendment A5508 which changes the licensing responsibility from the Department of Labor to the Department of State.  The amendment also alters registration fees.  The amendment and the bill as amended passed unanimously.

SB 1099 – This legislation amends The Minimum Wage Act of 1968 by allowing certain hospital and other facilities to continue using the “8-80” method when determining overtime.  Senator Tartaglione offered amendment A5530 which would change the effective date to 60 days.  The amendment failed by a vote of 3-8.  In addition, Senator Tartaglione offered A4970 that would provide for an annual cost-of-living adjustment.  Senator Gordner motioned to table the amendment and succeeded by a vote of 9-2.  Senator Gordner also offered amendment A5275 which would allow the 8-80 follow Federal law as well as provide for a retroactive effective date.  An unanimous vote was casted on the amendment.  A final vote of 7-4 was recorded on the bill as amended.


The Senate Labor and Industry Committee met on Wednesday, June 29, 2011, and unanimously reported out the following bill as amended:

HB 1683 – The bill amends the Pennsylvania Conservation Corps Act by transferring the Pennsylvania Conservation Corps (PCC) from the Department of Labor and Industry to the Department of Conservation and Natural Resources.  Senator Gordner offered amendment A04672 which states that $4 million will be taken from the Oil and Gas Lease Fund to continue the program for FY 2011-12.


The Senate Labor and Industry Committee met on Wednesday, June 22, 2011, and unanimously reported out the following bill as committed:

HB 797 – This bill amends the Workers’ Compensation Act by further defining the term “occupational disease” as cancer suffered by a firefighter under certain terms and goes into more details about compensation.


The Senate Labor and Industry Committee met on Tuesday, June 21, 2011, and unanimously reported out the following nomination of Julia K. Hearthway for Secretary of Labor and Industry.


The Senate Labor and Industry Committee met on Tuesday, June 14, 2011, and unanimously reported out the following bill as committed:

SB 1128 – The bill amends the Pennsylvania Conservation Corps Act by transferring the Pennsylvania Conservation Corps (PCC) from the Department of Labor and Industry to the Department of Conservation and Natural Resources.

The committee unanimously passed the following bill as amended:

HB 440 – This legislation amends the Workers’ Compensation Act by providing for worker’s compensation coverage to sole proprietors, partners in a partnership or members of a limited liability company.  Senator Gordner offered amendment A02829 which transfers $4,000,000 from the Administration Fund to the Uninsured Employers Guaranty Fund for the purpose of maintaining the fund.


The Senate Labor and Industry met on Wednesday, April 6, 2011 and unanimously reported out the following bills as committed:

SB 552 – The legislation amends the Workforce Development Act by providing that the Department of Labor and Industry work with State and regional workforce and economic development agencies to identify industry clusters that will be targeted for workforce and economic development investments.

SB 654 – This bill amends the Workers’ Compensation Act by further defining the term “occupational disease” as cancer suffered by a firefighter under certain terms and goes into more details about compensation.

The committee reported out the following bill as amended:

HB 377 – The legislation amends the Construction Code by providing for the requirements of log walls.  Furthermore, it provides for an automatic fire sprinkler system and one-family or two-family dwelling.  Senator Gordner offered amendment A01235 which further lists responsibilities of RAC, adds language about fire protection of floors, makes previous and current codes all consistent with each other among other aspects.  A vote of 7-4 was recorded on the amendment.  Senator Tartaglione offered amendment A01292 to amendment A01235 which would remove the language about a “general” contractor.   The amendment failed by a vote of 5-6.  Senator Tartaglione also offered amendment A01303 to A01235 that would take out the wording about requiring a two-thirds vote of the council.  The amendment failed by a vote of 5-6.  Senator McIlhinney offered amendment A01250 to A01235 which would allow municipalities to adopt an ordinance requiring standards equal to the International Residential Code within 6 months of the effective date.  The amendment failed by a 3-8 vote.  A final vote of 8-3 was recorded on the bill as amended.