Senate of Pennsylvania

SENATE DEMOCRATIC WRAP-UP FOR THE WEEK
OF DECEMBER 17, 2001

 

HARRISBURG - In a move Senate Democrats decried as "the Monday Night Massacre," the Senate approved a Congressional reapportionment plan designed to pit Democratic representatives against one another and to create two new districts custom-designed for Republican state Senators. 

Under Senate Bill 1200, approved 27-22 - virtually along party lines - Democrats would be forced to run against each other in four districts: the representatives from the current 3rd and 13th in the new 13th, the representatives from the current 11th and 6th in the new 6th , the representatives from current 14th and 18th in the new 14th , and the representatives from the current 20th and 12th in the new 12th . If the plan is signed into law, Republican state senators are expected to run in the new 3rd and 18th districts. 

The House amended the bill to create different districts, but the Senate non-concurred in the amendments and the bill will be referred to a conference committee.

In a related move, the Senate unanimously approved Senate Bill 965. Under the legislation, whenever a vacancy occurs in the state House or Senate on the same day as the filing of a preliminary reapportionment plan by the Legislative Reapportionment Commission or during the period between such filing and the date that a final plan is adopted, the presiding officer of the House could delay issuing a writ of election until 10 days after the date the final plan becomes law. The House approved the bill and sent it to the Governor.

The Senate unanimously concurred in House amendments to House Bill 1633, which adds hepatitis C to the list of occupational diseases under the Workers' Compensation Act and extends the Act's coverage to professional and volunteer emergency workers who may contract the disease while performing their duties. Specifically, those protected are: professional and volunteer firefighters, volunteer ambulance corps personnel, volunteer rescue and lifesaving squad personnel, emergency medical services personnel and paramedics, Pennsylvania State Police officers, other police officers certified under state law, state and county correctional employees, and forensic security employees of the Department of Public Welfare. 

The Senate amendments, adopted in the Appropriations Committee, established conditions under which an employer may contest the presumption that hepatitis C was contracted on the job. These conditions would include employment screening, incident reporting, and/or testing programs that would produce results inconsistent with a claim that hepatitis C was contracted on the job. The House then re-amended the Senate version to strike the incident-reporting and testing programs, while keeping the pre-employment screening provision. The bill awaits the Governor's signature.

By a 44-5 vote, the Senate approved Senate Bill 216, which would 
limit awards for asbestos-related suits to the fair market value of a corporation transferring its assets at the time of a merger or consolidation with a domestic corporation. In order to be eligible for this limitation, the domestic corporation must have been incorporated in Pennsylvania prior to May 1, 2001. The measure would not apply to workers compensation claims or to any claim that does not constitute a successor asbestos-related liability. The bill further requires that an action to recover asbestos-related injuries begin within two years from the date on which the person was informed that they had acquired an asbestos-related injury. The House also approved the bill, which now goes to the Governor's Office.

By a vote of 34-15, the Senate passed Senate Bill 1240, establishing the Statewide Uniform Registry of Electors (SURE) integrated computer system. All counties would be electronically connected to the system and county commissions could easily access and update voter information on the system. SURE would be implemented and administered by the Department of State. The bill was referred to the House State Government Committee.

Senate Bill 1106, which passed by a unanimous vote, directs the Department of General Services to erect a monument in Somerset County honoring the victims of United Airlines Flight 93 and establishes the Flight 93 Victims Memorial Fund. The measure awaits consideration by the House State Government Committee.

The Senate unanimously approved Senate Bill 415, which would extend the five year statute of prosecution for rape, involuntary deviate sexual intercourse, sexual assault and aggravated indecent assault by one year when DNA evidence is used to establish the identity of the offender. However, the period of limitation for prosecution could not be extended beyond seven years from the date the offense was committed. The bill was referred to the House Judiciary Committee.

By a vote of 49-0, the Senate passed House Bill 209, the Dormitory Sprinkler System Act. The bill authorizes the Pennsylvania Higher Education Facilities Authority (PHEFA) to make loans to institutions of higher education to retrofit dormitories and housing units with sprinklers. It calls for PHEFA to reimburse the institutions each fiscal year for the cost of interest paid on bonds in excess of 3%, using appropriations made to the Department of Education for this purpose. The department is to establish a restricted account to be used to pay PHEFA the interest reimbursement when due.

The Senate unanimously passed two bills amending the Storage Tank and Spill Prevention Act of 1989. Senate Bill 837 increases the payment limitation in the Underground Storage Tank Indemnification Fund from $1 million to $1.5 million per tank and per occurrence for both owner/operators and tank installers. The Board of the Fund is authorized to allocate an additional $5.5 million annually to DEP for remediation of catastrophic releases.

Senate Bill 696 requires additional notification to DEP within 24 hours of a release. If DEP determines that the release poses an immediate threat to public health and safety, DEP and any impacted municipality may provide the public with information about the situation through a newspaper serving the area.

Both bills also passed the House unanimously this week and await the Governor's signature.

The Senate unanimously passed House Bill 3, the Workforce Development Act, which would restructure administrative functions, procedures and entities, and transfer workforce development functions among several state agencies. The bill would establish the Pennsylvania Workforce Investment Board and authorize the creation of local workforce investment boards. The bill also provides for a one-year Critical Job Training Grant program, which would fund worker retraining under certain conditions. The bill awaits action by the Governor.

House Bill 212, which unanimously passed the Senate this week, would make it illegal to possess shed deer or elk antlers except by authorized personnel or if the antlers found were shed through natural causes. The bill would also provide options for hunting permits based upon the state's fiscal year. Permits for disabled persons to hunt from their vehicles would also be valid for a lifetime under HB 212 and no reduced fees would be given for permits issued for less than a year. The bill goes to the Governor. 

Veterans paralyzed while in active duty in the military and listed as Pennsylvania residents at the time of the injury would be eligible for the state-administered Paralyzed Veterans Pension Program under House Bill 453 passed unanimously by the Senate this week, regardless of where he or she currently resides. The bill is in the hands of the Governor.

In a 48-1 vote, the Senate concurred in House amendments to Senate Bill 607 that would give counties more flexibility for paying clerks of election and machine operators. The bill also lays the groundwork for the administration of the Statewide Uniform Registry of Electors (SURE) integrated computer system. The bill now goes to the Governor.

The Senate unanimously approved House Bill 1402, authorizing the Department of Corrections to permit alternative payment methods for prisoner phone calls. Currently, only collect calls are allowed. The bill was amended to require the Public Utility Commission to regulate and certify limousine services in Allegheny County. The measure now returns to the House for concurrence in Senate amendments.

The Senate unanimously approved House Bill 1806, which restore the right to serve on a jury for persons who committed offenses under prior Vehicle Codes that are now classified as summary offenses. The House unanimously concurred in Senate amendments and sent the bill to the Governor.

The Senate unanimously concurred in House amendments to Senate Bill 1180, which amends the "Port of Pittsburgh Commission Act" to add Indiana County to the definition of "port district." The bill clarifies that the Commonwealth has no obligation in the event of a default on a bond issue made by the Port of Pittsburgh Commission, that bond issues of the Commission could be payable from any reserve fund established by the Commission for specific project, and that recreation projects initiated in connection with an economic development project must be developed "upon lands bordering or in close proximity to, the waters of the inland waterway system of the Port of Pittsburgh." The bill awaits action by the Governor.

By a 47-2 vote, the Senate approved Senate Bill 413, establishing the Substance Abuse Education and Demand Reduction Fund. The program would fund substance abuse education and prevention efforts using fines paid by offenders. The bill was referred to the House Judiciary Committee.

The Senate unanimously passed House Bill 437, which amends Title 3 to add Chapter 67, Fertilizer and Chapter 69, Soil and Plant Amendment, which rewrite current law on those topics. The bill also establishes the Agronomic Regulatory Account. The Governor signed the bill as Act 97 or 2001.

The Senate unanimously passed House Bill 454, which would require the Department of Health to adopt a bloodborne pathogen standard governing public employees. The bill was amended in eliminate the establishment of a Bloodborne Pathogen Fund, to provide for employer compliance with monitoring procedures and to clarify provisions relating to exposure to bodily fluids. The Governor signed the bill as Act 96 of 2001.

The Senate unanimously passed House Bill 846, the Long-Term Care Resident and Employee Immunization Act, which requires every long-term care facility in the Commonwealth to request that residents and employees be immunized for influenza virus and pneumococcal disease. The Governor signed the bill as Act 95 of 2001,

The Senate unanimously approved House Bill 476, which would require that the County Chief Probation Officer be a member of the Probation Advisory Committee of the Board of Probation and Parole. This individual could serve for as long as they hold their position. The bill is now in the Governor's hands.

Senate Bill 656, approved by a vote of 49-0, criminalizes the use of information technology to access or disclose personal, medical, insurance or confidential information of another person for financial gain or malicious intent. The bill was sent to the House.

By a unanimous vote, the Senate approved House Bill 1408, amending the Public Works Contractors' Bond Law to allow for alternative forms of financial security by local contracting bodies. The bill now goes to the Governor.

The Senate unanimously approved Senate Bill 369 that would allow on-duty law enforcement officers to make audio recordings of discussions during traffic stops. Under the bill, the officer would need to be in a marked car or identify himself as a police officer The officer would also be required to tell the individuals they are being recorded as soon as possible. The bill now goes to the House for consideration.

Under Senate Bill 955, which passed the Senate by a vote of 47-2, students residing in a dormitory or housing unit at an institution of higher learning must receive a one-time vaccination against meningococcal disease. The bill was sent to the House.

The Senate this week unanimously concurred in House amendments to legislation to Senate Bill 611, which adds volunteers of rape crisis centers and domestic violence shelters to the current list of individuals exempt from a $10 fee the state charges to conduct background checks on prospective child-care workers. The bill awaits action by the Governor.

Senate Bill 1204, which permits political subdivisions to use digital filing for the reproduction of certain records, was approved unanimously by the Senate this week. The bill was referred to the House.

The state's Municipalities Planning Code would be amended to provide compensation to planning commission members under House Bill 1219, approved 48-1 by the Senate. Under the measure, only members who are not elected, appointed officers or employees of the municipality, may receive compensation as determined by the governing body. The bill will be sent to the Governor.

The Governor has been sent House Bill 1405. Approved unanimously in the Senate, the bill reduces the population needed to be classified a third, fourth or fifth class county. The bill increases the reimbursement amount for expenses for elected county officers who attend annual meetings and addresses the vacancy of certain elected judges and District Attorney in Third Class through Eight Class counties.

Senate Bill 1093, which requires the recorder of deeds in certain counties to record all final discharges of all honorably discharged non-commissioned officers and soldiers, was unanimously approved. It further requires the recorder of deeds to record any reserved component of the Armed Forces of the United States as well. The bill was referred to the House.


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