HARRISBURG -- More than year and a half after Senate Democrats first introduced a plan for spending Pennsylvania's $11 billion share of the national Tobacco Settlement, the Senate this week finally agreed on the largest investment in health care in Pennsylvania's history. House Bill 2, the Tobacco Settlement Act, establishes the Tobacco Settlement Fund for monies received from the settlement. The legislation allocates the Tobacco Settlement proceeds in the following way:

Health Investment (8% annually): establishing within the Tobacco Settlement Fund two accounts - the Health Account, a long-term savings account for future health-related programs, and the Health Venture Investment Account, to be used for investments in health care, biotechnology or other health-related businesses.

Tobacco Use Prevention and Cessation (12% annually): funding school, community and statewide programs through the Department of Health to reduce tobacco use.

Commonwealth Universal Research Enhancement (19% annually): funding biomedical, health services, collaborative, and clinical research projects at Pennsylvania-based institutions.

Hospital Uncompensated Care (10% annually; one-time $15 million): establishing two funds to compensate hospitals. The Hospital Uncompensated Care Program will allocate funds to the 50% of Pennsylvania's hospitals which provide the highest levels of care to patients who are uninsured or unable to pay. The Extraordinary Expense Program, will provide partial reimbursement to the remaining 50% for extraordinary expenses they incur treating the uninsured.

Health Investment Insurance (30% annually): establishing a health insurance program for low-income adults. Adults with incomes up to 200% of the poverty level may purchase insurance for a $30-per-month premium. A worker with a disability earning less

than 250% of the poverty level may purchase insurance for 5% of his or her monthly income.

Home and Community-Based Care (13% annually): establishing a program to provide services to maintain older individuals eligible for nursing home placement in their own homes.

PACE Reinstatement and PACENET Expansion (8% annually): increasing the PACENET eligibility by $1,000, and making eligible for PACE those individuals whose Social Security COLA adjustments this year or next year otherwise would put them over the income limits. Anyone who became ineligible this year due to a COLA will be enrolled retroactively, and no one will be removed next year due to a COLA.

HealthLink (one-time $20 million): creating a medical and surgical capital equipment grant program for matching grants to rural hospitals and health centers.

Medical Education Loans (one-time $8 million): providing low-cost loans to students who become doctors and researchers, and loan forgiveness to students who become registered nurses.

Community-Based Health Care (one-time $25 million): establishing the Community Coordinated Care to provide grants to support health-care clinics that provide outreach to low-income individuals

Regional Biotechnology Research Centers (one-time $100 million): establishing three regional biomedical research centers, or "greenhouses," performing collaborative research through the sharing of funds, equipment, personnel, and other resources. The legislation calls for the centers, which will partner with for-profit organizations, to become self-sufficient, and half the royalty proceeds from any scientific advances will come back to the Health Account.

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The governor signed the bill into law as Act 77 of 2001.

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Disappointed by the elimination of grants for volunteer emergency service companies and a lack of funding for early childhood education, and apprehensive about a wavering commitment to the steel industry, Senate Democrats nevertheless joined in approval of a $20.7 billion budget for 2001-2002. The conference committee report on Senate Bill 1 was adopted by a vote of 44-4. It includes a 4.5 percent hike in basic education funding, for a total of nearly $4 billion, and a 10 percent increase in special education funding.

Not included in the budget: a $200 million loan program aimed at keeping steel companies in business, though a summit on steel issues is planned; and a $25 million grant program for volunteer fire and ambulance companies.

The companion tax bill, House Bill 334, passed the Senate unanimously. The phase-out of the Capitol Stock Franchise Tax, which began last year, will save businesses $172.3 million this year. An expansion of the Tax Forgiveness program for low-income working families, worth $17.8 million, will exempt a family of four earning less than $30,000 from the state Personal Income Tax.

The bills were signed into law as Act 6A and Act 23 of 2001.

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A measure that would give the Republican Executive of Allegheny County control over reapportionment of the 13 county council districts passed the Senate. A party-line vote on the Senate floor allowed Senate Republicans to amend House Bill 869, which gives 45,000 retired Allegheny County employees an increased Cost of Living Allowance. The amendment would create a five-member board to control reapportionment. Democrats argued that voters, through a home rule referendum, agreed that the task should be handled by county council members. Under the amended legislation, Allegheny County would be the only municipal body in the state that has members who are elected by district but have no authority over reapportionment of districts.

Democrats also opposed an amendment placed in the bill that would permit the juvenile detention centers to be placed under the jurisdiction of the Republican Allegheny County.

The measure failed in the House by a 100-91 vote. The House agreed to reconsider the vote but adjourned for the summer before the reconsideration.

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In a move that some Democrats decried as "this Republican administration dictating to local government how to run their governments," the Senate approved legislation that would force the Philadelphia and Pittsburgh school districts to drop residency requirements for teachers.

By a vote of 34 to 15, the Senate adopted a conference committee report on Senate Bill 485, an omnibus education bill. Among other provisions, the measure also:

- offers employees of the State System of Higher Education more choices when choosing an optional retirement plan, since more providers have entered the market.

- directs the Department of Education to conduct a study of Public Schools that provide instruction via the Internet.

- requires school districts to participate in and administer a national assessment of public school students' education progress authorized by the Federal Department of Education.

- provides for a special calculation of the market value/income aid ratio in cases where a school district's personal income increases by at least 1,000% over the previous year.

Senate Bill 485 was signed into law as Act 35 of 2001.

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Senate Bill 556, which passed the Senate unanimously, provides for the privatization of the Medical Professional Liability Catastrophe Loss Fund (CAT Fund), and would create the Medical Professional Liability Authority to assume the responsibility of managing the Fund. The bill sets the primary coverage limits of liability for non-hospital health care providers conducting business in the Commonwealth, and hospitals located in the Commonwealth. The CAT fund is phased out in six years by increases in primary coverage limits and corresponding decreases in CAT Fund limits.

The bill was referred to the House Committee on Insurance.

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By a vote of 32 to 15, the Senate approved legislation which expands the definition of the offense of "ethnic intimidation." A Democratic amendment on the Senate floor to House Bill 1493 would criminalize intimidation with malicious intent toward the actual or perceived race, ancestry, mental or physical disability, sexual orientation, gender or gender identity of another individual or group of individuals. The measure was approved after a Republican motion to go over the bill without action failed. A less-specific Republican amendment also failed before the measure passed.

The bill was referred to the House Committee on Rules.

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By a unanimous vote, the Senate concurred in House amendments to Senate Bill 634, the Capital Budget Act of 2001-02, which sets the maximum principle amount of additional debt to be incurred during the 2001-02 fiscal year.

The amount of debt in each project category is as follows:

- Public Improvement

Building and Structures $685,000,000

Furniture and Equipment $65,000,000

- Transportation Assistance $180,000,000

- Redevelopment Assistance $365,000,000

- Flood Control $6,000,000

Total $1,271,000,000

The bill was signed into law as Act 53 of 2001.

The Senate unanimously approved Senate Bill 589, that sets the framework for requesting DNA testing as a means to overturn convictions. To be granted post-conviction testing, the DNA technology could not have been available at the time of conviction, and/or the court did not permit funds for indigent defendants who requested testing. Ultimately, the Court would decide if it believes DNA testing would potentially produce evidence that would prove innocence. The defendant would pay for the testing unless they are indigent. Following DNA testing, the defendant would have 60 days to file a motion for relief alleging that the newly discovered evidence would have changed the outcome of their trial.

The bill has been referred to the House Judiciary Committee.

The Senate unanimously approved Senate Bill 820, which makes it a first degree misdemeanor for a prison inmate or mental hospital resident to possess telecommunications equipment such as cell phones, beepers and computer modems without written permission from the warden/supervisor. The same penalty would apply to those who furnish prisoners with such equipment.

The bill now goes to the House.

Legislation approved unanimously in the Senate requires the Pennsylvania Commission on Crime and Delinquency to provide a prison population impact analysis of legislation at the request of a committee chairman. The analysis will include an estimate of the effect a bill would have on prison population, state and local parole, probation and prison populations and programs. The commission is required to provide the analysis within 45 days.

House Bill 343 was signed into law as Act 46 of 2001.

The Senate unanimously concurred in a technical House amendment to Senate Bill 130, which requires Pennsylvania authorities to recognize and enforce protection from abuse orders issued in other states.

The bill was signed into law as Act 39 of 2001.

The Senate unanimously concurred in House amendments to House Bill 41, making it a second degree misdemeanor to conceal a hypodermic needle or similar device when such concealment causes a police officer to be penetrated by the needle during an arrest, pat down or search.

The bill was signed into law as Act 48 of 2001.

The Senate unanimously approved Senate Bills 370 and 371, which provide for the certification of athletic trainers by the State Board of Osteopathic Medicine and the State Board of Medicine. Athletic trainers were previously certified by the State Board of Physical Therapy. The bill now goes to the House.

Litigants could recover expenses and attorney fees over frivolous pleadings or motions aimed at harassing or annoying the other party under Senate Bill 406, approved unanimously in the Senate.

The bill now goes to the House.

If a minor who is at least 14 years old is adjudicated or charged with a felony offense, then their records for that offense are subject to public disclosure under Senate Bill 818, unanimously approved by the Senate,

The bill now goes to the House.

The Senate unanimously approved Senate Bill 977, which would provide for a $3 million annual grant program to help counties pay for visiting senior judges who temporarily fill vacancies on county courts of common pleas.

The bill now goes to the House.

The Senate unanimously passed House Bill 1697, which adds a temporary sixth judgeship to the Fayette County Court of Common Pleas. The court will revert to five judges by the end of 2002, or when the first vacancy occurs. The bill is a response to a quirk caused when a special election in Fayette County was held this year to fill the term of a judge who was reaching the 70-year-old mandatory retirement age next January. During the same election, statewide voters opted to allow 70-year-old judges to finish out the calendar year rather than retire on their birth date. Thus, without this legislative remedy, there is technically no judicial vacancy available for the newly elected judge to fill until 2003.

The bill was signed into law as Act 28 of 2001.

By a 47-0 vote, The Senate approved Senate Bill 215, amending the "Associations Code" to create a new test to determine if two business names are distinguishable from each other. In addition, the Department of State has been granted administrative review powers in cases of suspected fraud under the Commercial Code.

The bill was signed into law as Act 34 of 2001.

The Senate unanimously approved House Bill 59, which will provide civil immunity to volunteer members of anti-drug and town-watch crime prevention programs in certain circumstances. Immunity will be granted when the conduct does not fall substantially below standards generally practiced in like circumstances.

The bill was signed into law as Act 66 of 2001.

By a unanimous vote, the Senate approved House Bill 1048, which will increase the number of members of the Pennsylvania Commission on Crime and Delinquency appointed by the Governor from four to seven. In addition, that commission is to collaborate with all state agencies in the planning and programming of juvenile delinquency prevention efforts and the reduction of violence by and against children.

The bill was signed into law as Act 30 of 2001.

By a vote of 47-0, the Senate concurred in House amendments to a bill that duplicates many provisions of an omnibus transportation measure vetoed by Governor Ridge in the previous legislative session.

Among the highlights of Senate Bill 237 are new standards by axle and weight for commercial vehicles operating on Pennsylvania highways, vehicle permits on certain types of construction equipment, guidelines while operating equipment in established construction or highway maintenance zones, and trailer restrictions.

A section of the bill, drafted by Senate Democrats and approved by the full Senate in February, 2001, would have required PennDOT to establish a policy review group by March 31, 2001 to evaluate the state's Emission Testing Program. House members voted to remove that provision from the bill this week.

The bill was signed into law as Act 37 of 2001.

The Senate voted 49-0 this week to approve legislation that extends the areas in which an individual operating a vehicle can be penalized for violating a marked pedestrian right-of-way.

Under House Bill 154, violating a marked crosswalk on designated roads and streets, in school zones, state parks and state forests would be charged a summary offense, punishable by a fine of $100. The bill also requires certain safety features on snowmobiles and all-terrain vehicles.

The governor signed the bill into law as Act 68 of 2001.

The Senate unanimously approved House Bill 186, which amends the Public School Code by establishing "Operation Recognition" and allowing school districts to award high school diplomas to any U.S. World War II Vets who may have missed graduating due to their activity military involvement.

The measure was signed into law as Act 73 of 2001.

An omnibus bill amending Title 75 of the state's Motor Vehicle Code was approved, 47-0, by the Senate.

House Bill 155 is stacked with provisions that would authorize special license plates for vehicles that carry blood or organ donations; provide new violations for attempting to elude police; define restrictions on maximum speed limits for emergency vehicles; increase penalties for driver license violations; and provide for a shared-ride pilot program for persons with disabilities.

The bill was signed into law as Act 75 of 2001.

Senate Bill 51, permitting the Department of Public Welfare to offer cash assistance to recovering addicts with a felony drug convictions, passed the Senate unanimously and was referred to the House Health and Human Services Committee.

Senate Bill 100, requiring the Department of Health to establish a program to screen all newborns in the Commonwealth for hearing loss before leaving a hospital, and infants not born in a hospital within the first 30 days of life, passed the Senate unanimously and was referred to the House Committee on Children and Youth.

Senate Bill 488, requiring long-term care facilities to request that residents agree to be immunized for influenza virus, passed the Senate unanimously and was referred to the House Committee on Health and Human Services.

House Bill 815, which eliminates the notice requirement of a bill that eliminates obsolete statutory provisions and reestablishes the Board of Commissioners on Uniform State Laws, passed the Senate unanimously.

The bill was returned to the House for concurrence in Senate amendments.

House Bill 1118, which deregulates the late fee that Pennsylvania-based retailers can assess delinquent credit card customers using proprietary (store-issued) cards, passed the Senate by a vote of 41-9.

The bill was signed into law as Act 44 of 2001.

The Senate unanimously concurred in House amendments to Senate Bill 816, which criminalizes the intentional, knowing or malicious exposure of an animal, fowl or honey bees to any virus, bacteria, prion or other agent which causes infectious disease, including foot-and-mouth disease and mad cow disease.

The bill was signed into law as Act 54 of 2001.

House Bill 1492, which passed the Senate unanimously, amends Title 18 to include in the definition of "agricultural activity" and "Farming" public and private research activity, records, data and data gathering equipment related to agricultural products. It also adds the production of trees and timber products to the definition. The bill also makes it a second-degree felony to intentionally or knowingly to damage any field crop, livestock or agricultural research.

The bill was signed into law as Act 27 of 2001.Progr

By a vote of 43-4, the Senate concurred in House amendments to Senate Bill 377, which permits an additional licensing exemption for nonprofit corporations making 12 or less

mortgage loans per year, provided that these loans are retained in the corporation's own portfolios, are not regularly sold to others outside said corporation, and are made with the intent to promote and advance the cultural traditions and lifestyle of bona fide religious organizations. The bill was signed into law as Act 55 of 2001.

The Senate unanimously concurred in House amendments to Senate Bill 793, to amend the Drought, Orchard and Nursery Indemnity and Flood Relief Act of 1999. In order to qualify for drought relief, producers were required to secure crop insurance for the years 2000 and 2001. $5.6 million was appropriated to pay up to 10% of the costs of premiums and fees for the crop insurance. This bill will allow any remaining funds to be used in subsequent years as funding allows. Also, any funds encumbered but not allocated for drought relief would be transferred to the crop insurance assistance program.

The bill was signed into law as Act 51 of 2001.

House Bill 413, which passed the Senate unanimously, amends the Vital Statistics Law of 1953, requiring a local registrar of the district in which the birth of a child occurred to a certificate with the Department of Health, which will provide the parents with a brochure relating to the Children's Health Insurance Program.

The bill was signed into law as Act 69 of 2001.

The Senate unanimously concurred in House amendments to House Bill 1176, making an appropriation of $42.127 million for the 2001-02 fiscal year to the Pennsylvania Public Utility Commission from its restricted revenue account in the General Fund. Additionally, $300,000 for the 2001-02 fiscal year is appropriated from a Federal augmentation to enforce natural gas pipeline safety.

The bill was signed into law as Act 39A of 2001.

School boards and municipalities would be given the option of ending the occupational assessment tax and replacing it with an earned income tax under a measure unanimously passed by the Senate last week. House Bill 550 also calls for a referendum to be put before the voters and approved before such an action can take place.

The bill was signed into law as Act 24 of 2001.

The Senate unanimously passed House Bill 334, changing the name of the Organ Donation Awareness Trust Fund to the Governor Robert P. Casey Memorial Organ and Tissue Fund and changing the per-dependent income allowance for the poverty exemption from state income tax to $8,500.

The bill was signed into law as Act 23 of 2001.

Senate Bill 243, which passed the Senate unanimously, would repeal the tax currently imposed on manufacturers for the privilege of producing, manufacturing, distilling, rectifying or compounding distilled spirits, rectified spirits or wines in Pennsylvania.

The bill was signed into law as Act 50 of 2001.

The Senate and House unanimously adopted a concurrent resolution which directs the Joint Legislative Air and Water Pollution Control and Conservation Committee to study issues concerning the renewal and management of the state's forests. Senate Resolution 81 directs the committee to report its findings to the General Assembly as soon as possible.

Legislation which would amend the Storage Tank and Spill Prevention Act to require notification of a reportable release from an underground storage tank in a specific manner passed the Senate unanimously this week. In addition to other requirements, Senate Bill 696 specifically states that DEP and the municipality must notify via certified mail all residents living within 1/4 mile radius of the release site.

The bill now awaits action in the House.

Two bills were unanimously approved in both the Senate and House which repeal portions of the Ben Franklin/IRC Partnership Act of 1993 and establish the former partners as separate entities.

Senate Bill 876 creates the Ben Franklin Technology Development Authority. The bill also transfers the Pennsylvania Technology Investment Authority's revolving loan account into the Ben Franklin Technology Development Authority Fund.

Senate Bill 877 creates the Industrial Resources Center Partnership Act.

Both measures were approved by the governor on June 22, 2001, becoming Act 38 and Act 31, respectively.

Legislation amending the Borough Code to remove the $1,000 limit on borough appropriations for municipal music and for the construction and care of war memorials passed unanimously in both the House and Senate. The governor signed House Bill 61 into law as Act 67 of 2001.

The Local Tax Collection Law has been amended to provide for a program of basic training, examination and qualification for tax collectors under House Bill 168, which unanimously passed the Senate. The measure was signed by the governor as Act 25 of 2001.

The Senate and House unanimously passed legislation that requires a person appointed to fill a vacancy in an elected borough or ward office to reside within the borough/ward continuously for at least one year immediately prior to his/her appointment.

The bill was amended in both chambers, one action making the language of the bill gender neutral and the other providing for compensation of borough auditors.

Senate Bill 379 was signed into law Act 56 of 2001.

Both chambers unanimously approved a bill allowing counties to donate real property for a housing or community development purpose, aiding the Acquisition, Demolition and Disposition (ADD) Program.

Senate Bill 597 was amended in the House to designate when elections will be held for a controller in 6th, 7th or 8th class counties and changing the number of appointed assistant county solicitors from "not more than three" to "one or more."

The governor signed the bill into law as Act 57 of 2001.

By a unanimous vote, the Senate approved Senate Bill 4, directing the Department of State to develop the Statewide Uniform Registry of Electors (SURE), a data base of all registered electors in the Commonwealth. The bill is designed to ensure the integrity and accuracy of voter registration records. On or before September 30, 2001, the Secretary of the Commonwealth is to report to the House and Senate the Department's recommendation regarding the necessary elements and requirements of the new system.

The measure was signed into law as Act 61 of 2001.

The Senate unanimously approved Senate Bill 286, extending the protections of Pennsylvania's Automobile Lemon Law to new vehicles which are being leased. Currently, the law applies only to new motor vehicles purchased by Pennsylvania residents. The bill adds a provision for the branding of titles for a vehicle returned to the manufacturer under the Lemon Law. Manufacturers must notify PennDOT of returned vehicles within 10 days and report the vehicle's identification number. PennDOT then would issue a new title and a statement designating it as a returned vehicle.

The bill is in the House Consumer Affairs Committee.

The Senate unanimously approved House Bill 1235, which provides an exemption from the residential electrical requirements established by the Pa. Construction Code if the tenets and teachings of a property owner's religion conflict with the electrical requirements of the Code. If the property is subsequently sold or leased to a person who is not a member of the religious sect, the property must be brought up to Code.

The bill was signed into law as Act 43 of 2001.

The Senate unanimously passed House Bill 672, which specifies certain requirements for charitable organizations and enables charities that solicit on a nationwide basis to register electronically with all 38 states that require registration.

The bill was signed into law as Act 45 of 2001.

The Senate unanimously passed House Bill 673, directing the Department of Transportation to convey to the Scranton School District two parcels of land in the City of Scranton and the Department of General Services to convey to Smithfield Township, Huntingdon County, three parcels of land in that township. Senate Bill 971, passed unanimously by the Senate, specifies that the land to be conveyed to Smithfield Township "or its assigns" be done so for "fair consideration equal to fair market value."

The bills were signed into law as Act 76 and Act 59, respectively.

Senate Bill 982 would amend the Oil and Gas Act to allow well permits to serve as NPDES permits for construction-related storm-water management when the federal NPDES requirements are satisfied. No substantive changes would be made to the act.

The Senate passed the bill 37-13 and it now awaits action in the House Environmental Resources and Energy Committee.

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