The following chart shows the status of legislation introduced in the 2017-2018 session of the Pennsylvania legislature that might be of interest to estate and trust practitioners. Click on the bill number to see the history or text of the bill.
| Bill | Purpose/Subject | Adds/Amends | Last House Action | Last Senate Action | Act |
|---|---|---|---|---|---|
| HB 30 | Facilitates organ donations | Amends 20 Pa.C.S. § 5471 and Ch. 86 | Referred to Judiciary (5/23/17) | ||
| HB 56 | New provisions for adoption-related counseling | Repeals 23 Pa.C.S. § 2505 and adds 23 Pa.C.S. § 2506 | Third consideration and final passage (3/13/17) | Amended on third consideration (6/20/18) | |
| HB 57 | New notice and consent procedures for termination of parental rights in adoptions | Amends 23 Pa.C.S. §§ 2102, 2503, 2512, and 2711, adds § 2514, and deletes § 2712 | Third consideration and final passage (3/13/17) | Referred to consideration (3/20/17) | |
| HB 58 | New procedures for report of intention to adopt, consents, and notices | Amends 23 Pa.C.S. §§ 2531, 2711, and 2721, adds § 2514, and deletes § 2712 | Third consideration and final passage (3/13/17) | Referred to Judiciary (3/20/17) | |
| HB 59 | Provides for appeals of adoption subsidies | Adds § 774(d) to Humans Services Code (Act of June 13, 1967, No. 21) | Signed in House (10/17/17) | Signed in Senate (10/18/17) | Vetoed by the Governor (10/19/17) |
| HB 60 | Provides for reimbursements to intermediaries in adoptions | Adds 23 Pa.C.S. § 2726 | Referred to Children and Youth (1/24/17) | ||
| HB 61 | Provides for adoptions consents by incarcerated parents | Amends 23 Pa.C.S. § 2711(d) | Third consideration and final passage (3/13/17) | Amended on third consideration (6/20/18) | |
| HB 62 | Amends procedures for parents to consent to adoption | Amends 23 Pa.C.S. § 2504 | Third consideration and final passage (3/13/17) | Referred to Judiciary (3/20/17) | |
| HB 63 | Amends definition of "intermediary" in adoptions to include attorney and licensed social workers | Amends 23 Pa.C.S. § 2102 | Third consideration and final passage (3/13/17) | Reported as committed from Judiciary; first consideration (3/27/18) | |
| HB 102 | Makes audiovisual records of autopsies confidential | New 20 Pa.C.S. Ch. 89 | Referred to Judiciary (1/23/17) | ||
| HB 143 | Exempts transfers of $250,000 or less from inheritance tax | Amends § 2106 of the Tax Reform Code of 1971 | Referred to Finance (1/23/17) | ||
| HB 144 | Exempts certain kinds of printing and mailing activities from "fundraising activities" | Amends § 6(a)(3) of the Solicitation of Funds for Charitable Purposes Act | Third consideration and final passage (4/24/17) | Reported from Finance and first consideration (6/13/17) | |
| HB 152 | Establishes a central database of life insurance policies | Adds 40 Pa.C.S. § 102 | House concurred in Senate amendments; signed in House (6/18/18) | Signed in Senate (6/19/18) | Act 48 (6/28/2018) |
| HB 203 | Increases the amount of wages that may be paid to family from $5,000 to $10,000 | Amends 20 Pa.C.S. § 3101(a) | House concurred in Senate amendments, and signed in House (10/25/17) | Signed in the Senate (10/25/17) | Act 41 (10/30/17) |
| HB 233 | Requires fiduciaries to withhold tax on Pa. source income distributed to nonresident beneficiaries | Amends §§ 324 and 335 of the Tax Reform Code of 1971 | Referred to Finance (1/31/17) | ||
| HB 242 | Allows grandchildren to receive unclaimed property of $5,000 or less | Adds 20 Pa.C.S. § 3101(e)(1.1) | Referred to Judiciary (1/31/17) | ||
| HB 243 | Adds drug and alcohol abuse as grounds for involuntary termination of parental rights | Amends 23 Pa.C.S. §§ 2511 and 6351 | Referred to Judiciary (1/31/17) | ||
| HB 289 | Amends procedures for interim adoption placements, contents of petitions, and permissible payments to birth mothers | Amends 23 Pa.C.S. §§ 2530, 2701, 2702, and 2901, repeals §§ 2533 and 2534, and adds § 2726 | Third consideration and final passage (3/13/17) | Re-reported from Appropriations (10/1/18) | |
| HB 291 | Sets inheritance tax rate of 0% for transfers to children under 21 (See also SB 598) | Amends § 2116 of the Tax Reform Code of 1971 | Re-reported from Appropriations, third consideration and final passage (4/4/17) | Reported as committed from Finance; first consideration (1/31/18) | |
| HB 299 | Provides notices and acknowledgements of possible criminal penalties for agents who abuse the elderly | Amends 20 Pa.C.S. §§ 5601(c) and (d) and 5604(d), | Referred to Judiciary (3/6/17) | ||
| HB 342 | Prohibits purely public charities from entering into restrictive covenants | Amends §§ 3 and 5 of the Institutions of Purely Public Charity Act (No. 55 of 1997) | Referred to Finance (2/6/17) | ||
| HB 383 | Allows for disposition of decedent's remains by majority of persons with equal standing | Amends 20 Pa.C.S. § 305(d)(2) | Re-reported from Rules (9/8/17) | ||
| HB 390 | Increases exemption threshold for registration under Solicitation of Funds for Charitable Purposes Act from $25,000 to $50,000 in gross annual receipts | Amends sections 5(p), 6(a)(8), and 7(a)(3) of Solicitation of Funds for Charitable Purposes Act | Referred to State Government (2/7/17) | ||
| HB 415 | Eliminates inheritance tax for children with disabilities | Amends sections 2012 and 2116 of the Tax Reform Code of 1971 (No. 2 of 1971). | Reported as amended by Finance; first consideration (4/17/18) | ||
| HB 462 | Regarding disqualifications for sales and use tax exemptions for purely public charities | Amends section 11 of the Institutions of Purely Public Charity Act (No. 55 of 1997) | Referred to Finance (2/13/17) | ||
| HB 474 | Eliminates liability of spouses, children, and parents for the support of the indigent | Repeals 23 Pa.C.S. § 4603 | Referred to Judiciary (2/13/17) | ||
| HB 748 | Excludes state universities and other institutions of higher education for real estate tax exemption | Amends the Institutions of Purely Public Charity Act (No. 55 of 1997) | Referred to Finance (3/7/17) | ||
| HB 844 | Prohibits employees of long-term care facilities from becoming guardians, agents, executors, or beneficiaries of long-term care consumers | Enacts the "Long-Term Care Consumer Financial Interest Prohibition Act" | Referred to Aging and Older Adult Services (3/13/17) | ||
| HB 855 | Protects the rights of parents to control the upbringing of their children against infringement by government | Enacts the "Parental Rights Protection Act" | Referred to Children and Youth (3/13/17) | ||
| HB 967 | Amends the inheritance tax exemption for family owned farms | Amends §§ 2002 and 2111(s) and (s.2) of the Tax Reform Code of 1971 | Referred to Finance (3/27/17) | ||
| HB 1019 | Provides for transfer of ownership of cemeteries and for reasonable access to private burial grounds | Amends 9 Pa.C.S. 101 and adds Chs. 5 and 7. | Third consideration and final passage (7/7/17) | Third consideration and final passage (11/15/17) | Act 64 (12/21/17) |
| HB 1164 | Allows grandchildren to close bank accounts of less than $10,000 | Amends 20 Pa.C.S. § 3101(a) | Referred to Judiciary (4/12/17) | ||
| HB 1196 | Enacts new provisions for "Pennsylvania orders for life-sustaining treatment" (POLST) | Amends 20 Pa.C.S. Ch. 54 and adds a new Subchapter F | Re-referred to Health (9/26/17) | ||
| HB 1360 | Adds licensing, disclosures, and prohibitions for third party solicitors, increases requirements, penalties, and fees for annual registrations, and adds disclosures for solicitations for specific disasters or crises. | Amends section 3 of the Solicitation of Funds for Charitable Purposes Act | Referred to Commerce (5/11/17) | ||
| HB 1385 | Limits income tax deduction for contributions to section 529 tuition assistance plans to Pennsylvania's PA 529 College Savings Program. | Amends section 303(a.7) of the Tax Reform Code of 1971, No. 2 of 1971. | Re-reported from Rules (9/8/17) | ||
| HB 1397 | Explands definition of "exploitation" of older adults to include conduct by an individual acting under a power of attorney. | Amends section 103 of the Older Adults Protective Services Act, No. 79 of 1987. | Referred to Aging and Older Adult Services (5/18/17) | ||
| HB 1420 | Aligns audit requirements for charitable organizations with federal law | Amends section 5(f) of the Solicitation of Funds for Charitable Purposes Act | Third consideration and final passage (6/14/17) | Third consideration and final passage (12/13/17) | Act 71 (12/22/17) |
| HB 1421 | Allows timely registrations of charitable organizations if postmarked by renewal date | Amends sections 5, 8, and 9 of the Solicitation of Funds for Charitable Purposes Act | Third consideration and final passage (6/14/17) | Third consideration and final passage (12/13/17) | Act 72 (12/22/17) |
| HB 1445 | Creates an income tax deduction for contributions to ABLE Savings Accounts | New "Pennsylvania ABLE Savings Program Tax Exemption Act" | Referred to Finance (5/24/17) | ||
| HB 1462 | Exempts transfers of $100,000 or less from inheritance tax | Amends § 2106 of the Tax Reform Code of 1971 (Act 2 of 1971) | Referred to Finance (5/31/17) | ||
| HB 1509 | Extends stand-by guardians for minors for "long-term absence" | Amends 23 Pa.C.S. §§ 5602 and 5612 | Referred to Children and Youth (6/12/17) | ||
| HB 1596 | Increases Uniform Transfer to Minors Act limit on transfers by fiduciaries from $25,000 to $50,000 | Amends 20 Pa.C.S. § 5306(c)(3) | Referred to Judiciary( 6/21/17) | ||
| HB 1885 | Allows the Register of Wills to increase the bond required after an inventory or inheritance tax return is filed | Amends 20 Pa.C.S. § 3175 | Third consideration and final passage (4/10/18); House concurred in Senate amendments (10/17/18) | Third consideration and final passage (10/16/18) | Act. No. 113 (10/24/2018) |
| HB 1886 | Requires tracking and review of annual reports of guardians | Adds 20 Pa.C.S. § 5521(c)(3) and (4) | Third consideration and final passage (4/10/18) | Third consideration and final passage (10/17/18) | Act. No. 114 (10/24/2018) |
| HB 1903 | Requires advertisement of grant of letters on the website of the Register of Wills | Amends 20 Pa.C.S. § 3162(a) | Referred to Judiciary( 11/6/17) | ||
| SB 99 | Regulates collection bins for donations of clothing and household items | Adds new section 13.1 to the Solicitation of Funds for Charitable Purposes Act | Reported as amended from State Government; first consideration (10/17/17) | ||
| SB 108 | Protects the right of the disabled to receive organ donations | Adds 20 Pa.C.S. § 8613(g). | Third consideration and final passage (10/10/18) | Third consideration and final passage (5/22/17) | |
| SB 113 | Visitation and communication between incapacitated persons and relatives | Adds a Subchapter G to 20 Pa.C.S. Ch. 55 | Referred to Judiciary (11/17/17) | Third consideration and final passage (11/15/17) | |
| SB 180 | Expands who may make or receive organ donations, how organ donations are made, and other changes | Amends 20 Pa.C.S. Ch. 86 | House concurred in Senate amendments (10/10/18) | Senate concurred in House amendments, as amended by Senate (10/2/18) | Act 90 (10/23/2018) |
| SB 197 | Provides for 50% joint and survivor annuity benefit for state employee retirement plans unless spouse consents | Amends 24 Pa.C.S. §§ 8345, 8347, 8349, 8505, and 8507 and 71 Pa.C.S. §§ 5705, 5707, 5709, 5905, and 5907 | Referred to Finance (1/26/17) | ||
| SB 218 | Creates and registry of living wills for use by doctors | Amends 20 Pa.C.S. Ch. 54 | Referred to Judiciary (1/31/17) | ||
| SB 238 | Allows physician-assisted suicide for terminally ill | Adds 20 Pa.C.S. Ch. 54B | Referred to Judiciary (1/26/17) | ||
| SB 423 | Increases the percentage of inheritance tax collected by the Register of Wills that is kept by the county | Amends Section 21 of the Transfer Inheritance Tax Law, No. 258 of 1919. | Referred to Finance (2/27/17) | ||
| SB 506 | Phases out the inheritance tax for siblings | Amends Section 2216(a)(1.3) of the Tax Reform Code of 1971 | Referred to Finance (3/10/17) | ||
| SB 598 | Sets inheritance tax rate of 0% for transfers to children under 21 (See also HB 291) | Amends Section 2116(a) of the Tax Reform Code of 1971. | Referred to Finance (4/13/17) | ||
| SB 623 | Implements Pa. Orders for LIfe Sustaining Treatment (POLST) | Amends 20 Pa.C.S. Ch. 54 and enacts new Subchapter F | Referred to Health (10/3/18) | Third consideration and final passage (10/1/18) | |
| SB 677 | Provides income tax exemption for ABLE (Achieving a Better Life Experience) accounts (See HB 1445) | New "Pennsylvania ABLE Savings Program Exemption Act" | Referred to Finance (7/11/17) | Third consideration and final passage (7/10/17) | |
| SB 718 | Allows taxation of land (not buildings) owned by charities with total value in excess of $500,000 | Amends the Institutions of Purely Public Charity Act, No. 55 of 1997. | Referred to Finance (5/12/17) | ||
| SB 827 | Enacts the Revised Uniform Fiduciary Access to Digital Assets Act (2015) | Amends 20 Pa.C.S. §§ 711 and 5601.4 and adds new 20 Pa.C.S. Ch. 39 | Referred to Judiciary (1/24/18) | Third consideration and final passage (1/22/18) | |
| SB 861 | Sets inheritance tax rate of 0% for transfers to or in trust for disabled children | Amends Sections 2102 and 2116(a) of the Tax Reform Code of 1971 | Referred to Finance (8/29/17) | ||
| SB 884 | Amendments to guardianship procedures, and powers and duties of guardians, recommended by JSGC Advisory Committee on Decedent's Estates | Amends 20 Pa.C.S. §§ 751 and 752 and Ch. 55 | Re-reported from Appropriations (6/4/18) | ||
| SB 946 | Raises thresholds for requiring audits or reviews of financial statements of charitable organizations soliciting contributions | Amends § 5(f) of the Solicitation of Funds for Charitable Purposes Act | Referred to State Government (11/15/17) | ||
| SB 1207 | Identifies persons with standing to challenge actions of agent under power of attorney | Adds new 20 Pa.C.S. § 5615 | First consideration (10/2/18) |
