Senate of Pennsylvania

SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF OCTOBER 4, 2004

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By using a rare procedural move that denied Democrats the right to debate or offer amendments on legislation aimed at improving the state’s new gaming law, emboldened Republicans this week silenced the voices and representation of 5,404,662 Pennsylvanians.

            While Senate Bill 1209 was approved 49 to 1, Democrats were prepared to offer numerous amendments that would have improved the legislation in many ways.

As is, the bill would: ban public officials and some of their family members from having any financial stake in gaming; give municipalities a greater say on where gaming sites can be located; and expand the state Attorney General’s gaming enforcement powers.

One controversial Republican provision in the bill would remove a requirement that slot machines be sold through Pennsylvania distributors. Democrats charged that such a change would cost the state jobs and business opportunities.

Although Republican leaders told the media they were willing to work with Democrats on the legislation, and assured Democrats they would be permitted to offer their amendments on the Senate Floor, Republicans abruptly cut off all debate and amendments (motion for previous question), rammed the bill through, and went home.

The Democratic amendments would have further tapped the gaming operator’s share of slots proceeds to:

  • Provide an additional $60 million in yearly tax relief for homeowners.

  • Increase funding for volunteer fire companies by $30 million.

  • Provide $30 million to reimburse the attorney general and district attorneys for enforcing the Gaming Act.

  • Provide $30 million to station state police officers at gaming sites.

  • Provide an additional $13 million to treat those who succumb to gambling addiction.

  • Add an additional 80 cents per acre in payments to municipalities that host state forest, parks and game lands.

 

Other Democratic amendments would have:

  • Made it a felony to violate the ban against public officials having a financial interest in gaming operations. The bill’s Republican-imposed version would impose a weaker misdemeanor charge.

  • Clarified that the law allows Seven Springs Resort in Somerset County to apply for one of the two available resort licenses.

  • Required certain public officials to file an annual statement with the State Ethics Commission that they had complied with the prohibition on financial interest.

  • Added Philadelphia to the counties included among those whose local zoning boards must approve the location of casinos.

The bill now goes to the House.

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The Senate unanimously approved Senate Bill 346, which would provide for an automatic recount of statewide election races when the margin of victory is 0.5 percent or less.

The bill would require county election boards to count absentee ballots and provisional ballots within six days, with the final results being issued within 16 days of the election. The state would cover the $500,000 cost of opening Pennsylvania’s 7,000 voting machines for designated recounts.

One provision of the bill, opposed by Democrats in both chambers, would allow poll watchers to move from polling places within a county, instead of remaining at an assigned location during voting hours. The bill would also remove the $5 fee for persons filing nominating petitions for offices within a borough, town or township of the first class.

Senate Bill 346 now goes to the Governor. He said he plans on signing the measure so it would be in place for the Nov. 2 General Election.

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            In other action: 

  • By a 50-0 vote, the Senate approved Senate Bill 1096, which would amend the state’s Insurance Company Law of 1921 to provide for additional required provisions that accompany the issuance of a contract of annuity. The bill would also stipulate minimum nonforfeiture amounts on any paid-up annuity. The bill now goes to the House.
     

  • The Senate unanimously approved House Bill 796, which would amend the Municipal Planning Code by eliminating the requirement that all municipalities participating in a multi-municipal plan be contiguous. The amendment would permit noncontiguous municipalities to enter into a multi-municipal plan with other municipalities located within the same school district. The legislation would also prohibit members of the zoning hearing board from holding any other elected or appointed office within their municipalities or from serving as an employee of their municipalities. The bill now goes to the Governor.
     

  • The Senate unanimously approved House Bill 2437, which would amend the Second Class Township Code to increase the maximum number of persons permitted to serve on the Recreation Board from seven to nine, created by ordinance of the Board of Supervisors. The bill now goes to the Governor.
     

  • The Senate unanimously approved House Bill 2739, which would allow criminal sentences to include restitution for cleaning up clandestine drug laboratories. Under the bill, costs could include labor, equipment, and supplies. The measure now goes to the Governor.
     

  • By a unanimous vote, the Senate approved House Bill 2724, which would amend the Controlled Substance, Drug, Device and Cosmetic Act to make it a third degree felony to manufacture methamphetamine in a structure where a minor is present. The amended bill now returns to the House.
     

  • The Senate unanimously approved House Bill 2396, which would amend the Crime Victims Act to assess additional costs to convicted drunk and drugged drivers for the Crime Victims Compensation Fund and the Victim Witness Services Fund. The bill would also allow compensation claims to be filed two years after a crime is discovered rather than two years after the crime is committed.

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