Tom Wolf Vow's Veto Of HB 2787 - School Sports Spectator Limits

[Youth Hockey Info]

As expected at a press conference this morning, Tom Wolf mentioned later today he will veto HB 2787.



He also said that the Federal judge’s ruling has no bearing on his decisions going forward. He then called out ALL democrat assembly members who voted yes for 2787 to remain partisan and deny overturning his veto.

Video Link to pre-recorded FB Live press conference - FF to 9min mark

What does this mean? The bill, (below) would effectively take authoritative power away from the governor leaving gathering limit decision making to the school districts. A mandate which was struck down and ruled unconstitutional last week by Federal circuit court last week. The Pennsylvania Senate voted 39-11 Wednesday 9/9 to pass House Bill 2787  following a 155-47 vote that passed through the House prior. The bill was presented for approval on 9/11. The assembly will immediately go back to vote on overturning the veto and will need 2/3 favor to push into law.

HB 2787

PRIOR PRINTER'S NO. 4258 PRINTER'S NO. 4334
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2787 Session of 2020
=============================
INTRODUCED BY REESE, JONES, BARRAR, BERNSTINE, BOROWICZ, CAUSER, COX, SCHLEGEL CULVER, DAVANZO, DAY, DELOZIER, DOWLING, DUNBAR, DUSH, ECKER, EMRICK, EVERETT, FEE, GABLER, GLEIM, GROVE, HEFFLEY, HICKERNELL, IRVIN, JOZWIAK, KAUFFMAN, KEEFER, KLUNK, KNOWLES, KORTZ, LEWIS, MACKENZIE, MARSHALL, METCALFE, METZGAR, MILLARD, B. MILLER, MIZGORSKI, MOUL, NEILSON, NELSON, OBERLANDER, OWLETT, PEIFER, PICKETT, POLINCHOCK, READSHAW, RIGBY, ROAE, ROTHMAN, ROWE, RYAN, SANKEY, SAYLOR, SCHMITT, SONNEY, STAATS, THOMAS, TOPPER, WARNER, ZIMMERMAN, STRUZZI, LONGIETTI, SAINATO, BURNS, PETRARCA, KULIK, MIHALEK, KAIL, MUSTELLO, GAYDOS, O'NEAL, TOMLINSON AND JAMES, AUGUST 18, 2020
=============================
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 1, 2020
=============================

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto," IN SCHOOL HEALTH SERVICES, PROVIDING FOR PRECAUTIONS AGAINST SPREAD OF COVID-19; AND, in terms and courses of study, providing for sports and extracurricular activities during COVID-19 pandemic.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section SECTIONS to read:
SECTION 1416.1. PRECAUTIONS AGAINST SPREAD OF COVID-19.--
NOTWITHSTANDING ANY DESIGNATION BY THE FEDERAL GOVERNMENT THAT  TEACHERS AND SUPPORT STAFF ARE CONSIDERED ESSENTIAL PERSONNEL, NO PERSON HAVING ANY FORM OF COVID-19 IN A TRANSMISSIBLE STAGE MAY BE PERMITTED INSIDE A SCHOOL ENTITY OR TO PARTICIPATE IN PERSON IN ANY SPORTS OR EXTRACURRICULAR ACTIVITIES. THE SECRETARY OF HEALTH AND THE SECRETARY OF EDUCATION MAY ISSUE FURTHER GUIDANCE TO SCHOOL ENTITIES TO IMPLEMENT THE PROVISIONS OF THIS SECTION.

   Section 1501.10. Sports and Extracurricular Activities
During COVID-19 Pandemic.--
(a) Notwithstanding any other provision of law, the governing authority of a school entity or nonpublic school shall have the exclusive authority to determine whether to hold school sports activities, including competitions, intramural play and scrimmages, and other in-person extracurricular activities during the 2020-2021 school year.

(b) A school entity shall develop an athletic, health and safety plan addressing school sports and other in-person extracurricular activities during the 2020-2021 school year. A school entity shall determine and include the following in the plan:
      (1) Safety protocols for permitting visitors and spectators
           to attend sports and in-person extracurricular activities.
      (2) Limits on gatherings for indoor and outdoor sports and
           in-person extracurricular activities to ensure social distancing.
      (3) Protocols for sports consistent with the Centers for
           Disease Control and Prevention Considerations for Youth Sports.
      (4) Methods of ensuring that social distancing and other
           safety measures are in place for students, staff and spectators.
      (5) RULES THAT WILL BE ENFORCED TO ENSURE THAT THE
           REQUIREMENTS OF SECTION 1416.1 ARE MET.

(c) A school entity shall post the athletic, health and safety plan on its publicly accessible Internet website and submit the plan to the Department of Education. A school entity may amend the athletic, health and safety plan as needed.

(d) A nonpublic school may develop an athletic, health and safety plan.

(e) (D) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
 "School entity." A school district, NONPUBLIC SCHOOL, intermediate unit, area career and technical school, charter school, regional charter school or cyber charter school.

Section 2. This act shall take effect immediately.

[Youth Hockey Info]

Veto signed.