Pending Legislation Archives

On September 27, 2017, the Pennsylvania Superior Court decided that the Bilt-Rite case, which held that an architect could be liable to a contractor for negligent misrepresentation, applies to other professionals as well.  The Court therefore reversed a trial court decision in favor of an accountant, stating that: “We find the court applied a too narrow reading to Bilt-Rite in determining that the case only concerns disputes involving an architect/contractor scenario. Rather, we conclude Bilt-Rite can be applied to other factual scenarios where a party is providing professional information that is designed to be relied upon by a third party.”  The case may be found at this link: http://www.pacourts.us/assets/opinions/Superior/out/24161563.       

Pennsylvania House Bill 1357 is presently before the Professional Licensure Committee in the House of Representatives. The legislation, which is scheduled for a committee hearing next month, would impose a state wide licensure system on the plumbing trades in Pennsylvania if passed.

Defying the conventional wisdom on how he would handle the recently passed union intimidation bill that was sent to him, Pennsylvania Governor Tom Wolf signed the legislation into law. In a short press release that can be found here, the Governor indicated that he agreed it was time to close the loophole in the law “that allowed both employees and employers” to engage in harassment without penalty when in a labor dispute.

Reports out of Harrisburg are that Pennsylvania House Bill 874 – identified as the union intimidation bill – has passed through the House on concurrence vote. The vote was 107-91. As previously reported, the legislation now goes to Governor Wolf for signature. He can choose to veto it, sign it into law, or table it. If he tables it, the legislation would become law in 10 days.

We have continued to follow legislation put forth in the Pennsylvania legislature that seeks to close a loophole in the criminal code that provides exemptions for stalking, harassing, and threatening to use a weapon of mass destruction if it is done during a labor dispute. The newest version, Pennsylvania House Bill 874, has passed out of the House and been approved by the Senate Judiciary Committee by a 9-4 vote. It now seems primed to come to the Senate floor for a full vote.

In Pennsylvania, the law currently provides an exception in the criminal code that prohibits the prosecution of the crimes of harassment, stalking, and threatening to use a weapon of mass destruction if those otherwise criminal acts are done as part of a labor dispute. Beginning last year, an effort was undertaken in the state legislature to close that loophole.

It remains early in both Governor Tom Wolf’s term and the 2015 legislative session. Nonetheless, there is already some legislation which would impact the construction industry making the rounds in Harrisburg.

President Obama recently signed the Workforce Innovation and Opportunity Act into law. The bill had overwhelming support from all sectors of the construction labor workforce and was a bipartisan effort in both houses of Congress.

The introduction of licensure bills in the Pennsylvania state legislature has become quite a regular occurrence over the last 10 years. The efforts have included attempts to establish licensing requirements for electricians, plumbers, crane operators, and a number of other trades. A good deal of debate remains about the idea generally.

Although introduced as part of the 2013 legislative session, House Bill 427 now seems to be gaining some momentum in the state legislature. The bill, whose primary sponsor is Representative Readshaw, would impose a number of new rules for residential home builders.