Your Voice in Harrisburg

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“commercial purpose” could include legitimate requests from attorneys on behalf of their clients. We were able to work with committee staff to include amendatory language that would exclude from the definition all attorney requests other than those made for a truly commercial purpose. The bill proceeded, with our language, through the House and the Senate State Government committees, but never made it to final passage. We’ll be sure to keep an eye out for a reintroduction of the bill this session in order to ensure that our language is carried over.

Another bill that raised our alarms would have required COVID-related personal injury or wrongful death actions to be first submitted to compulsory arbitration. The bill was moved through the House at lightning speed but withered in the Senate, however, after PBA voiced its strong opposition.

A high percentage of bills that do not pass in one session are reintroduced in the next. One such piece of legislation is Pennsylvania’s version of the Deployed Parents Custody and Visitation Act. The bill made it through the House last session, but it failed to receive consideration in the Senate Judiciary Committee. The Family Law Arbitration Act followed a similar path to the same fate. We were instrumental in drafting both bills and strongly supported their passage. Both bills will be on our agenda again next session, and we will be placing particular emphasis on the FLAA.

We will also be working to reintroduce a bill that would have made significant changes in practice pertaining to guardianships, particularly with respect to representation. This was not, strictly speaking, a PBA initiative, but we were more than happy to lend our strong support and assistance in developing the language. (Shout out to PBA’s Elder Law Section!) The bill has bipartisan support in the Senate, which may bode well for its chances in the House this session. Due to the near-even party split and the current atmosphere of frustration and distrust in the House, getting anything through the lower chamber this session will be a challenge. Fortunately for us, PBA focuses its legislative agenda on initiatives that fall generally under the categories of “practice of law” and “good government.” Unlike some other organizations, we want our members (and members of the General Assembly) to either love what we’re doing or not care.

Speaking of PBA assists from last session, the Real Property Probate & Trust Section drafted language that provided for the removal of archaic, race-based restrictive covenants. Although we shared that language with some members we thought would be interested, it was never introduced. This session, we are upgrading the legislation from “assist” to “initiative,” working directly with an excellent prime sponsor who is committed to seeing the legislation through.

Looking ahead to the new session that began this year, our legislative department will be working on bills addressing family law arbitration, race-based restrictive covenants, digital assets, electronic estate-planning documents, and exploitive real estate contracts. The latter projects are still in the development stages with various sections, and every session also brings surprises, so stay tuned for the next update. In the meantime, as always, feel free to reach out with any questions or great ideas!

Ms. Malcein King joined the PBA staff as legislative counsel in October and earned her law degree at the Dickinson School of Law. She previously served as legal counsel in the Pennsylvania House of Representatives and Executive Director of the House Children & Youth Committee.