Legislation to Watch in the Next Session of the Pennsylvania House

The Pennsylvania State Capitol in Harrisburg on Dec. 14, 2020. (Michael M. Santiago/Getty Images)

Pennsylvania lawmakers have been busy preparing memos pitching new legislation for the 2023–2024 session. Before laws are made and before a bill is written, legislative ideas start as a memo offering a rationale for the proposed legislation.

A bill based on the memo is presented at the committee level and rewritten if committee discussion calls for edits. This is a good time for the public to weigh in on new laws, but the public often does not know about proposed legislation until it is presented on the full chamber floor, if it gets that far.

Sometimes the same bills are brought forth every session and never make it through the process, or even out of committee. Both House and Senate members submit memos, but because there are enough to fill a thick book, this article looks only at some House proposals, because bills that may have been stopped by majority leadership in the past may move forward this session.

Who Controls the House?

The partisan power balance in the House has been a matter of debate since the election. Democrats flipped to the majority with 102 members, squeaking ahead of Republicans with 101 members. But three Democrat seats are empty; one member died but was still on the ballot and was voted in. Two others were elected to higher offices and vacated their seats, leaving the party with 99 votes. But when the dust settles, Democrats will probably have the majority for the first time in 12 years, after special elections are held for those three seats in majority Democrat districts.

House Republicans had long enjoyed a wide margin majority that didn’t require as much compromise as they will now have to muster. Republicans were able to pass bills out of the House and often find favor with the Republican led Senate. However, over the last eight years their legislation was often blocked with vetoes from Democrat Gov. Tom Wolf.

Next, Pennsylvania will have Democrat Governor-elect Josh Shapiro, a Republican majority Senate, and a closely split but likely Democrat-controlled House. Republicans will have to negotiate more to move measures forward, and Democrats are likely to advance long-stalled legislation.

Here is a look at some of the House memos that have been circulating in the Pennsylvania House so far in December, offering a glimpse of what lawmakers will be advocating for this session.

Abortion

• “Reducing Cost Barriers to Abortion,” sponsored by Democrat Rep. Elizabeth Fiedler, would require insurance companies to pay for abortion services without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement.
• “Expanding the Types of Healthcare Professionals Who Can Provide Abortion Care,” sponsored by Democrat Reps. Elizabeth Fiedler and Dan Frankel, would allow registered nurse practitioners, nurse-midwives, and physician assistants to perform medication and aspiration abortions.
• “Heartbeat Bill,” sponsored by Republican Rep. Stephanie Borowicz, would require all physicians, before proceeding with an abortion, to determine whether the baby has a heartbeat. If the baby has a heartbeat, the abortion cannot be performed. This eliminates the need to set a gestational age in legislation.
• “Prohibiting Cooperation With Out-of-State Criminal Abortion Investigations,” sponsored by Democrat Reps. Carol Hill-Evans, Emily Kinkead, and Christopher M. Rabb, would prohibit all law enforcement officers, state government departments and their employees, and local government entities and their employees from cooperating with out-of-state investigations into abortions legally obtained in Pennsylvania.

Education

• “Remove Derogatory Terms From the School Code of 1949,” sponsored by Democrat Rep. Patrick J. Harkins, would update the school code. The current code uses words like crippled, defective, disturbed, handicapped, and retarded to describe children with mental health issues or physical or developmental disabilities. This legislation would update the code with more sensitive words.
• “Parental Rights in Education,” sponsored by Republican Rep. Stephanie Borowicz, would prohibit classroom instruction on sexual orientation and gender identity in kindergarten through fifth grade; require classroom instruction be age appropriate; and require public schools to adopt procedures for notifying parents if there is a change in services from the school regarding a child’s mental, emotional or physical health, or well-being.
• “Incentivizing Families to Invest in Their Children,” sponsored by Republican Rep. Aaron Bernstine, would sanction households with school-aged children under 16 who fail to comply with the school attendance requirements. Parents unwilling to ensure students get to school risk losing public assistance.
• “Tax Credits for Classroom Supplies,” sponsored by Democrat Rep. Ed Neilson, would provide a tax credit for teachers who incur personal expenses by purchasing classroom supplies such as books, computers, software, and other materials. Each teacher who purchases covered items would be eligible for up to $500 in Pennsylvania tax credits, with up to $15 million in tax credits to be awarded annually.
• “CPR Education in Schools,” sponsored by Democrat Rep. Ed Neilson, would require students to undergo CPR instruction.
• “School-Linked Mental Health Grants,” sponsored by Democrat Rep. John Galloway, would provide grants to support school-linked mental health services. Grants can be used to identify and diagnose mental health conditions among students, fund transportation for children receiving school-linked mental health services when school is out of session, and cover other costs.

Gender, Sexual Orientation, and Race

• “Equity Impact Statements,” sponsored by Democrat Reps. Donna Bullock and Leanne Krueger, would establish the Joint Legislative Equity Committee where legislators can go to request a racial, ethnic, sex and gender equity impact assessment for any legislation. These impact statements would examine whether a pending bill, if enacted, would be likely to create or increase disparate outcomes among people of different races, ethnicities, sexes, and gender identities.
• “Transgender Name Change Assistance Grants,” sponsored by Democrat Reps. Benjamin Sanchez and Melissa Shusterman, would establish a grant program to provide money for organizations, counties, and local governments that assist transgender individuals with changing their names.
• “Anti-Hate Crimes Package,” sponsored by Democrat Reps. Dan Frankel and Napoleon Nelson, would strengthen Pennsylvania’s ethnic intimidation criminal penalty language; train law enforcement and educators to respond to ethnic intimidation; and require individuals who commit hate crimes to take diversity training.
• “Establish a Socially Diverse Farmers Commission,” sponsored by Democrat Rep. Danilo Burgos, would establish a Pennsylvania Socially Diverse Farmers Commission, which would review current policies and issue a report with recommendations to promote and implement a farm-related diversity, equity, and inclusion plan. Burgos notes that 99.32 percent of Pennsylvania farms have white producers and suggests grants and tax credits to help nonwhite farmers access land.

Elections

• “Let Voters Fix Their Signatures,” sponsored by Democrat Rep. Regina G. Young, would require county boards of elections to notify voters if their ballot signature does not match their signature on file. Boards must further direct voters to provide proof of their identity and an affirmation that they are the same individual who personally completed a mail-in or absentee ballot. The current practice is to reject ballots over a signature discrepancy.
• “Allow Earlier Pre-Canvassing,” sponsored by Democrat Rep. Regina G. Young, would allow precanvassing of absentee and mail-in ballots up to 21 days before Election Day. This would give county boards of elections more time to open, sort, and count the votes from all mail-in and absentee ballots.
• “Allow Early Voting,” sponsored by Democrat Rep. Daniel Deasy, would permit early in-person voting at voting sites 15 days before Election Day.
• “Your Vote Shouldn’t Cost Your Job,” sponsored by Democrat Rep. MaryLouise Isaacson, would authorize two hours off work on the day of an election if an employee does not have enough time to vote before or after work.

Employment

• “Fair Work Week,” sponsored by Democrat Rep. Elizabeth Fiedler, would require employers to set clear workweek rules, so employees can know when and how much they will work, and guarantee “predictability pay,” which pays workers when their shift is canceled or drastically changed.
• “Unemployment Compensation Eligibility for Striking Workers,” sponsored by Republican Rep. Dan L. Miller, would offer striking employees the same eligibility status as any other eligible worker who meets all other requirements to receive unemployment compensation while on strike.
• “Pennsylvania Paid Family Leave Act,” sponsored by Democrat Rep. Elizabeth Fiedler, would provide parents with up to 36 weeks of paid family leave. This time would be counted against the unpaid time that the federal Family and Medical Leave Act (FMLA) currently allows.

Energy and Environment

• “Solar for Pennsylvania Schools,” sponsored by Democrat Rep. Elizabeth Fiedler, would create a Pennsylvania Solar for Schools Grant Program to fund solar energy assessments to determine readiness and potential energy savings for public schools and universities. It would also issue grants for solar energy projects, including costs related to the installation of and equipment for a solar energy system.
• “Prohibit Small Plastic Bottles in Lodging Establishments,” sponsored by Democrat Rep. Melissa L. Shusterman, would prohibit hotels and motels from offering shampoo and other personal care items in tiny plastic bottles that end up in the trash.
• “Incentivizing Green Driving,” sponsored by Democrat Rep. MaryLouise Isaacson, encompasses two bills that would encourage the switch to zero emission vehicles: exempt zero emission vehicles from state sales tax at purchase, and give drivers a 10 percent discount on electronic toll collection if their vehicle obtains at least 45 miles per gallon and produces 90 percent fewer emissions than the average gasoline-powered vehicle of the same production year.

Firearms

• “Enhancing Classroom Security,” sponsored by Republican Rep. Aaron Bernstine, would allow school employees who possess a valid Pennsylvania concealed carry permit to be armed while on school property. An employee who wishes to carry a firearm on school property will also be required to complete a rigorous firearms course from a certified instructor with a signed certificate showing completion of a training and proficiency course for the firearm the employee intends to carry on school grounds.
• “Constitutional Carry of a Firearm,” sponsored by Republican Rep. Aaron Bernstine, would remove the requirement for law abiding citizens to obtain a permit to carry a concealed firearm in Pennsylvania. It also would allow citizens to obtain an optional License to Carry a Firearm (LTCF) permit that would be valid throughout Pennsylvania and in the 32 states that either recognize Pennsylvania LTCFs or that have a reciprocity agreement in effect.
• “Mandatory Jail Time for Illegal Possession of a Firearm,” sponsored by Republican Rep. Kathleen C. Tomlinson, would impose a new mandatory minimum sentence for previously convicted offenders found illegally in possession of a firearm. For a first offense, there would be jail time under two years. For repeat offenders, a lengthy stay in state prison would be mandatory.
• “Prohibit Firearms in Court Buildings,” sponsored by Democrat Rep. Melissa L. Shusterman, would prohibit firearms or other weapons from being brought into any court waiting area. Currently, weapons can be kept in court waiting rooms so long as they are placed in a safe locker before entrance into the courtroom. However, many courts do not have the space or security to keep such lockers in a space away from the waiting area.
• “Limiting the Capacity of Large Capacity Magazines,” sponsored by Democrat Rep. Kevin J. Boyle, would prohibit the sale, offering and exposing for sale, use, purchase, possession, and control of a large capacity magazine—defined as an automatic ammunition feeding device capable of accepting more than 15 rounds of ammunition or five shotgun shells.
• “Protecting Firearms Purchase Data,” sponsored by Republican Rep. Perry Stambaugh, would prohibit Pennsylvania State Police from sharing any information relating to firearms purchases that occur in this Commonwealth with any individual or entity, including the federal government.
• “72-Hour Waiting Period for Firearm Purchases,” sponsored by Democrat Reps. Benjamin Sanchez and Mike Zabel, would establish a 72-hour waiting period for all firearm transfers in the state of Pennsylvania.
• “Ban Future Sales of Assault Weapons,” sponsored by Democrat Rep. Benjamin Sanchez, would ban “assault weapons,” which Sanchez defines as high-capacity semiautomatic rifles in the style of or similar to an AR-15. Exceptions would be made for members of the U.S. Armed Forces, Reserve, National Guard, or law enforcement while performing and traveling to and from official duties. Additionally, the legislation would not impact a person in lawful ownership of these weapons prior to the date of the new policy enforcement.

Health

• “COVID-19 Vaccination Status Justice for State Employees,” sponsored by Republican Rep. Brad Roae, would reinstate, with back pay, any state employee who was fired for not getting vaccinated for COVID-19. The legislation would reinstate seniority, job title, and pay grade, and would apply to employees of the Pennsylvania National Guard, state authorities, state boards and commissions, and judicial and legislative employees.
• “Constitutional Right to Medical Freedom,” sponsored by Republican Rep. Russ Diamond, would add the following statement to the state Constitution: “The right of an individual to refuse any medical procedure, treatment, injection, vaccine or prophylactic shall not be questioned or interfered with in any manner. Equality of rights under the law shall not be denied or abridged to any person in this Commonwealth because of the exercise of the right under this section.”
• “Brain Scans for Veterans with Traumatic Brain Injury or Post-Traumatic Stress Injury,” sponsored by Democrat Rep. Nancy Guenst, would allocate $500,000 for diagnostic technology for brain scans and $500,000 for hardware, software, and administrative costs to provide the high-definition scans to service members and veterans.

Taxes and Fees

• “The Family Care Act,” sponsored by Republican Rep. Kathleen C. Tomlinson, would create a statewide family and medical leave insurance program. All Pennsylvania workers would make a small payroll contribution to support the program, which would be administered by the Department of Labor and Industry. Eligible employees would be able to care for themselves in the event of a serious health condition, or care for a close family member. Benefits will be calculated on a graduated scale to ensure the program is accessible to low-wage workers.
• “Elimination of Pennsylvania Inheritance Tax,” sponsored by Republican Reps. Valerie Gaydos and Tim Twardzik, would eliminate the inheritance/estate tax at the state level and protect against double taxation. The Federal inheritance/estate tax is also applied to the transfer of property to an heir after the passing away of the original owner.

Transportation

• “Student Driver Sign,” sponsored by Democrat Rep. Daniel Deasy, would require student drivers to place a “student driver” sign on the rear of a vehicle that they are operating.
• “Helping Undocumented Residents Secure a Driver’s License,” sponsored by Democrat Reps. Danilo Burgos, Joseph Hohenstein, and Christopher Rabb, would allow individuals without a Social Security Number to apply for a driver’s license or learner’s permit using secure alternatives such as a federal taxpayer identification number or any combination of documents that reliably proves the applicant’s name and date of birth. This includes a valid foreign passport, consular identification document, or certified record of the individual’s birth, marriage, adoption, or divorce.