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In a whirlwind of activity that stretched sine die floor action seven straight days and into the wee hours on each of the final three consecutive days, the Senate passed 130 bills and resolutions during the final week of the two-year legislative session. Lawmakers tackled issues that ranged from helping senior citizens keep their PACENET prescription drug eligibility to providing additional medical malpractice insurance relief for doctors.

Senate Democrats also debated aggressively against bills that they said created shameful loopholes in the state’s new gaming law and one which gave a large telecom company a second chance at multi-billion ratepayer gift to provide statewide high-speed Internet access.

Left undone was legislation to provide financial relief for the state’s struggling mass transit systems and the Governor’s Growing Greener II environmental proposal.  Also left standing at the alter of missed opportunity were a number of judicial nominees in various counties.

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By a largely party-line vote of 28-19, the Senate passed Senate Bill 1209, the so-called Republican “fix” to the state’s new gaming law (Act 71 of 2004).

Even though GOP lawmakers touted the bill as the solution to preventing public officials from having any financial interest in gaming parlors and racetracks, the legislation would have completely opened up financial interest opportunities for legislators’ adult children, siblings and parents while strictly forbidding others from having any financial stake in gaming. The bill would also have removed the law’s prohibition against political party officials owning slot venues so long as it is not in their home county.  

            Democrats also criticized the bill for hurting Pennsylvania businesses by removing a provision that required out-of-state slot machine manufacturers to sell and service their products in Pennsylvania using in-state distributors.

            The amended bill would also have potentially tapped the anticipated $3 billion in statewide property tax cuts by dictating that the slots-funded Property Tax Relief Fund be used to make up for any shortfall in the state Lottery Fund, regardless of its cause.

Stating that the bill “undermines the ability of the newly established Gaming Board to work effectively to implement the provisions of Act 71 and it removes important economic benefits originally contained in the act,” Gov. Ed Rendell vetoed the bill.

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On the final night of legislative action before the close of session, the Senate approved House Bill 197 by a vote of 27-20 with a vast majority of Republicans approving. This bill would reform Pittsburgh’s tax structure and address the city’s fiscal crisis. Pittsburgh faces a $34 million budget deficit next year and could incur higher debt in subsequent years without state intervention.

The legislation would also authorize municipalities statewide to increase the Occupational Privilege Tax from $10 up to a maximum of $52 annually. Workers with incomes of $12,000 or less would be exempt from the tax.

Other initiatives included in the proposed Pittsburgh relief package are:

• The creation of a Payroll Expense Tax set at 0.55 percent on for-profit businesses;
• A phase-out of the Business Privilege Tax to 2 mills over the first two years, 1 mill in the second and third years, and an elimination thereafter;
• The elimination of the city’s Mercantile Tax, currently imposed at 2 mills retail and 1 mill wholesale for the school district and city;
• A reduction of the Parking Tax in 2007 and each year thereafter by 5 percent, taking the rate from 50 percent to a final 37.5 percent;
• A transfer of 0.1 percent of Earned Income Tax from the Pittsburgh School District to the city in 2005, 0.2 percent in 2006 and 0.25 percent on 2007 and thereafter;
• The elimination of the city’s annual Regional Asset District (RAD) payment to the Pittsburgh School District, for an anticipated annual savings of $4 million; and
• The imposition of a 2.5 percent Sports Facility Usage Fee on visiting athletes.

The House concurred in Senate amendments, and the bill was enacted as Act 222 of 2004.

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The Senate unanimously concurred in House amendments to Senate Bill 1167, which would amend the State Lottery Law to protect 2,500 PACENET recipients from losing their eligibility next year due to a small Social Security cost of living increase.

The bill also removes language that would set the manufacturer rebate for generic products at 14 percent. The new rebate would be 11 percent retroactive to January 1, 2004. The rebate rollback for generic drugs is intended to increase the use of generic drugs but would cost the program approximately $3 million per fiscal year.

The bill was enacted as Act 219 of 2004.

* * *

The Senate unanimously concurred in House amendments to Senate Bill 1102, which would implement the $250 million bond Water Supply and Wastewater Infrastructure Program that was approved by the voters via referendum in April 2004.

Under the bill, $200 million would be allocated for economic development projects through the Water Supply and Wastewater Infrastructure Capitalization Program; and $50 million would be allocated to the Pennsylvania Infrastructure Investment Authority to finance projects for the repair, rehabilitation or modernization of existing, or the construction of new water and wastewater systems.

The bill was enacted as Act 218 of 2004.

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            With the weather beginning to turn cold, the Senate approved a bill intended to strike a balance between concerns over making sure low-income families keep their heat turned on while addressing the rising number of delinquent gas accounts in Philadelphia.

            By a vote of 39 to 8, the Senate approved Senate Bill 677, which allows gas companies, even in the winter, to disconnect customers in certain income brackets.   The bill also would allow utility providers to require deposits from problematic customers.

            The measure also prohibits termination of services when a licensed physician or nurse practitioner certifies that the customer or a member of the household is seriously ill or has a medical condition that will be aggravated by cessation of service.

            The Governor signed the bill into law as Act 201 of 2004.

* * *

Over Democratic objections, the Republican majority pushed through House Bill 30, allowing Verizon to charge ratepayers another $3 billion to develop statewide high-speed internet access, but not putting in place any oversight to protect consumers and assure that progress is made.  The bill was passed 27-20.

            Democratic amendments to the bill, which would have required the Public Utility Commission to audit the progress of broadband development, were defeated largely along party lines.  Democrats argued that promises of the past, which came with a $10 billion ratepayer price tag, were never fulfilled.

The bill was enacted as Act 183 of 2004.

* **

The Senate unanimously amended and approved Senate Bill 92, which would expand public access to information on sexual offenders under Megan’s Law.

Under the bill, information on 7,000 registered “sexual offenders” -- including their photographs -- would be available on a State Police Web site. Currently, only information on the more serious “sexually violent predators” is available. The bill also requires sex offenders from other states or countries to register if they move to Pennsylvania.

The measure would also institute a petition for re-determination of the fair market value of property sold in connection with execution proceedings in a deficiency judgment action where the real property collateral lies in multiple counties. Under the legislation, the judgment creditor could file the valuation petition in one county if the property is located in more than one county.

Gov. Ed Rendell signed the bill into law as Act 152 of 2004.

* * *

The Senate unanimously approved an amended Senate Bill 356, which would exempt persons who seek to volunteer with Little League Baseball, Inc., volunteer fire and ambulance, Boy Scouts and Girl Scouts, YMCA religious affiliates, and certain block parent programs from paying the state’s $10 criminal background check fee. The measure would also exempt little league volunteers from the Department of Public Welfare’s child abuse clearance fee.

The bill was vetoed.

* * *

The Senate unanimously approved House Bill 2308, which would require more stringent background checks on potential foster families.

Under the bill, children and youth agencies would be required to weed out foster parent applicants who were convicted of certain crimes, subject to protection-from-abuse orders or have dire financial problems. The bill would also require criminal background checks on foster parents and other adults who live in the home. The measure would establish a limited-access statewide registry on foster families.

Following House concurrence, the bill was enacted as Act 160 of 2004.

* * *

By a 41-6 vote, the Senate concurred in House amendments to House Bill 2105. This legislation would amend the Pennsylvania Liquor Code to specify those holidays for which state stores must be closed and allow state stores to open on election days, Veterans’ Day and Columbus Day.

The measure would also increase the 10 percent cap on Sunday sales at liquor stores to 25 percent of all state stores.

The Senate originally amended the bill to allow beer distributors to be open for limited hours on Sundays. But the House stripped that provision out of the final legislation.

The bill now goes to the Governor.

* * *

The Senate unanimously passed House Bill 1211, which would give doctors additional help with their malpractice insurance costs by extending the MCARE (Medical Care Availability and Reduction of Error) abatement to podiatrists and previously entitled physicians for an additional year.

Extending the MCARE abatements for an additional year will cost the state between $200-230 million.  The addition of podiatrists to the list of physicians offered abatement (50 percent of their MCARE payments) would cost approximately $3 million.  Since its inception in 2003, this program, the Health Care Provider Retention Program, has cost over $440 million.

The bill was enacted as Act 154 of 2004.

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By a 43-3 vote, the Senate approved House Bill 2262, which would establish the Child Internet Protection Act aimed at requiring public schools and libraries to adopt Internet use and screening procedures to protect children from obscene materials or child pornography.

 School boards would be required to adopt an acceptable-use policy for the Internet within 180 days. The policy may be implemented and enforced through the use of software programs or an online server block.

Public libraries would be granted immunity against any civil liability claims as a result of the failure of any approved software program or server block. Failure to implement and enforce an acceptable policy could result in a school or library losing state funding. Internet service providers would also be granted immunity.

Following House concurrence, the bill was enacted as Act 197 of 2004.

* * *

In other Senate action:

-- By a 46-0 vote, the Senate approved House Bill 176, which would allow the Department of Revenue to collect delinquent local realty taxes, penalties and interest using the same administrative rules and regulations currently in effect for collection of the state’s reality transfer tax.

House Bill 176 would eliminate the one-year limitation on the Pennsylvania Sales and Use Tax imposed on new and used vehicle dealers when they elect an alternative basis for determining tax owed by the dealer prior to the resale of the vehicle. The legislation also would refine the conditions of the Research and Development Tax Credit, proposing a limit on any credit transfer to those purchased by non-affiliates for at least 75 percent of the value of such credit. The Film Production Tax Credit, established by Act 95 of 2004, would also be refined by: limiting credits for production of a feature film or television series, clarifying the determination of qualified film production expenses, providing for a front-end process by which a taxpayer can apply for the tax credit, and providing for the taxpayer refunding any tax credit based when anticipated expenses are not incurred.

The bill was vetoed.

-- By a 47-0 vote, the Senate approved House Bill 552, which would amend the Pennsylvania Securities Act of 1972 to add the use of the Internet to the list of covered methods for advertising the sale of securities. The bill also would set fees for the filing of items such as securities registrations and exemptions. The House concurred in Senate amendments. The bill was enacted as Act 126 of 2004.

-- By a 47-0 vote, the Senate approved House Bill 553. This legislation would amend the Pennsylvania Securities Act of 1972 establishing the legal procedure for the escrow of payments by corporations that are in violation of the Commonwealth’s securities law.

The bill would allow the Pennsylvania Securities Commission to petition Commonwealth Court for a temporary order, requiring a securities issuer to escrow potential extraordinary payments during lawful investigations involving possible securities violations. If an issuer were charged with a violation, the freeze would remain in effect until the conclusion of all related legal proceedings.

The bill was enacted as Act 127 of 2004.

-- By a 47-0 vote, the Senate approved House Bill 561. This legislation would amend the Pennsylvania Securities Act of 1972 to further define “institutional investor” and require securities advisers, who receive financial consideration for their services, to disclose details of the compensation to a pension plan or system. The bill was enacted as Act 128 of 2004. Governor.

-- By a 47-0 vote, the Senate approved House Bill 595, which would amend the Pennsylvania Securities Act of 1972 to provide a means for the Securities Commission to be reimbursed for services rendered to a receiver, trustee or conservator if significant state funds are expended to assist injured parties. The reimbursement would not exceed 10 percent of the funds held. The Governor signed the bill into law as Act 129 of 2004.

-- By a 47-0 vote, the Senate approved House Bill 604. This legislation would amend the Pennsylvania Securities Act of 1972 to allow the Securities Commission to suspend the registration of a broker-dealer, investment adviser, agent or investment adviser representative if he or she is delinquent on payments of compensation to securities purchasers. The bill would also set punishment charges for violators of selected sections of the Securities Act. The bill was enacted as Act 132 of 2004.

-- By a 47-0 vote, the Senate approved House Bill 657, legislation that would amend the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (“Clean and Green”) to define “agritainment,”  “recreational activity,” and “forest reserve.” The legislation would also remove from preferential assessment farmstead land designated as agricultural reserve and forest reserve.

County Commissioners would be permitted to adopt an ordinance including farmstead land in the total use value for land in agricultural reserve and for land in forest reserve.  The bill also would require county assessors to report to the number of acres in each land use category, in addition to the reporting already required by law.

In addition, no rollback taxes would be due and no breach of preferential assessment would occur if a landowner land authorizes a recreational activity on agricultural or forest reserve land, regardless of whether or not the landowner imposed a fee to perform the activity.

The House concurred in Senate amendments, and the bill now goes to the Governor.

-- By a 47-0 vote, the Senate approved House Bill 798, which would prohibit any municipal pension or retirement systems in Philadelphia from denying certain benefits to surviving spouses of police officers or police employees if the surviving spouse chooses to remarry. The bill was enacted as Act 184 of 2004.

-- By a 47-0 vote, the Senate concurred in House amendments to House Bill 1321, legislation that would create the First-Class Cities Economic Development Act. The bill would encourage development of deteriorated property by providing tax exemptions, deductions, abatements or credits to persons who own interests in qualified “pass-through entities” and to qualified businesses located in economic development districts.

The original legislation, backed by Gov. Ed Rendell, was intended to create an economic development district site at 17^th and JFK streets in Philadelphia, providing a multipurpose skyscraper for the city that would serve as the world headquarters for Comcast Communications. The House Rules Committee removed Comcast from the legislation. Both chambers passed the amended bill offering an Economic Development District and a reduced package of incentives for a proposed new Food Distribution Terminal for Philadelphia.

The bill now was enacted as Act 226 of 2004.

-- By a 46-0 vote, the Senate approved House Bill 1329, which would amend provisions related to Pennsylvania’s planned communities. The bill would further define the powers of executive board members, would set provisions for the repair or reimbursement of an association for damages caused to comment elements of the planned community and would clarify the procedures for issuing, amending and terminating declarations. The bill also would designate rules for secured lenders to unit owners or associations and would amend guidelines for the following association issues: arbitrations, mediations, disability accommodations, debt reserves, capital improvement fees, property and comprehensive insurance policies, judicial sale proceeds and outstanding liens. The House concurred in Senate amendments, and the bill was enacted as Act 189 of 2004.

-- By a 46-0 vote, the Senate approved House Bill 1330. This legislation would amend Pennsylvania’s Real Estate Cooperative Act, setting provisions for the amendment and termination of a real estate cooperative declaration. In addition, the bill would designate rules for secured lenders to unit owners or associations and would amend guidelines for the following cooperative issues: arbitrations and mediations, disability accommodations, debt reserves, securities interests, capital improvement fees, property and comprehensive insurance policies, judicial sale reserves and outstanding liens. The House concurred in Senate amendments, and the bill was enacted as Act 190 of 2004.

-- By a 46-0 vote, the Senate approved House Bill 1331. This legislation would amend Pennsylvania’s Uniform Condominium Act, granting the owner of a condominium nonexclusive access easement through common areas as necessary for construction, repair and renovation of the owner’s unit. The legislation would grant associations the power, during spring thaw conditions, to restrict the passage of vehicles weighing more than ten tons. In addition, the bill would set provisions for the amendment and termination of a condominium association declaration and would designate rules for secured lenders to unit owners or associations.

House Bill 1331 also would amend guidelines for the following condominium association issues: arbitrations and mediations, disability accommodations, debt reserves, securities interests, capital improvement fees, property and comprehensive insurance policies, judicial sale reserves and outstanding liens. The House concurred in Senate amendments, and the bill was enacted as Act 191 of 2004.

-- By a 47-0 vote, the Senate approved House Bill 1535. This legislation would amend the Local Tax Enabling Act to stipulate that a political subdivision collecting earned income taxes (EIT) for an employee residing in another jurisdiction must transfer those funds to the jurisdiction of residence within 60 days of the conclusion of each deadline or receipt of payment. The recipient jurisdiction is not required to pay a collection fee for transferring EIT moneys. The bill also would allow each taxing district, or those persons or private agencies designated by the district, to collect unpaid taxes via lawsuit or another appropriate remedy.

The House concurred in Senate amendments, and the bill was enacted as Act 192 of 2004.

-- By a 47-0 vote, the Senate approved House Bill 1860. This legislation would permit the county commissioners of any third-class county that is contiguous to a second-class county to create or disband, by ordinance, a county park police force within the county.  The commissioners would have the power to employ the number of officers as may be fixed by the county salary board. The third-class county would be required to pay the salaries of park police officers. The county park police would generally exercise the same powers as are exercised by municipal police.

The bill would also allow county governments to participate in economic development programs, along with redevelopment authorities and other political subdivisions. An amendment proposed in the Senate would include hotels in the definition of convention centers and convention center facilities.

The House concurred in Senate amendments, and the bill was enacted as Act 155 of 2004.

             -- By a 46-0 vote, the Senate approved House Bill 1867, which would repeal Section 19 of Act 91 of 1842, which sets fees for the measuring of grain in the port and city of Philadelphia. The fee was set at 40 cents for every 100 bushels of grain measured. The bill was enacted as Act 156 of 2004.

-- By a 46-0 vote, the Senate approved House Bill 1868, legislation that would authorize a farmer to rent his stall in any market in Philadelphia to another farmer. The bill was enacted as Act 157 of 2004.

-- By a 47-0 vote, the Senate approved House Bill 1929, which would clarify issues regarding oversight of the Uniform Construction Code. The bill would transfer oversight powers over manufactured homes from the Department of Labor and Industry back to the Department of Community and Economic Development (DCED). The bill would require DCED to invite comments from entities involved in the manufactured housing industry, owners of new manufactured homes and third-party agencies when DCED prepares to issue regulations governing the installation of new manufactured homes and the training, certification and regulation of home installers. The bill was enacted as Act 158 of 2004.

-- By a 46-0 vote, the Senate approved House Bill 1954, which would increase the amount of a fine, from $300 to $2,300, that Philadelphia can impose for the violation of an ordinance, rule and regulation established in accordance with its home rule charter or the Home Rule Act.

The bill also would give the Philadelphia City Council, in addition to any aggrieved person, standing to appeal any decision of a zoning hearing board or any other board or commission created to regulate development within the city. The term “aggrieved person” would not apply to city taxpayers who are not detrimentally affected by the decision of the board or commission created to regulate development. Fee increases were requested by the City of Philadelphia to provide more of a deterrent to those violating city ordinances, rules and regulations and to cover the city’s costs of providing associated services. The House concurred in Senate amendments, and the bill was enacted as Act 193 of 2004.

-- By a 47-0 vote, the Senate concurred in House amendments to House Bill 2027. The legislation would amend Section 5 of the Urban Redevelopment Law to allow nonresidents of a third-class city in which a governing Authority operates to be appointed and to serve as members of the Authority. The bill would also designate that a majority of the five-member board must be residents of the city. The bill was enacted as Act 137 of 2004.

-- The Senate unanimously approved House Bill 2315, which would amend Pennsylvania’s Real Estate Tax Law by providing for the combined judicial sale of multiple properties in counties of the second, third, fourth, fifth, sixth, seventh or eighth class. Current law requires a county to file a separate petition for each property. A county would now be allowed to submit one filing with the court concerning multiple properties for the purposes of judicial enforcement and satisfaction. The bill was enacted as Act 161 of 2004.

-- By a 47-0 vote, the Senate approved House Bill 2336, which amends Pennsylvania’s Municipal Claim and Tax Lien Law by providing for combined judicial sales of multiple properties in the city of Philadelphia, Allegheny County and other municipalities. Under the bill, a municipality would be permitted to submit one filing with the court concerning the sale of multiple properties. This single filing would satisfy judicial tax enforcement guidelines. The Governor signed the bill into law as Act 163 of 2004.

-- By a 46-0 vote, the Senate approved House Bill 2387. This legislation would amend Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, adding a chapter relating to the labeling, sale and distribution of seeds. New provisions in the bill would create a licensing requirement for all seed distributors, add civil penalty provisions, and specify the appeal process. Seed revenues would be deposited into the Agronomic Regulatory Account, a restricted account within the General Fund. The bill was enacted as Act 164 of 2004.

-- The Senate unanimously approved House Bill 2638, which would amend Pennsylvania’s Real Estate Tax Sale Law to allow counties and taxing districts to collect real estate taxes through the alternative means of an existing department or private sector entity, in addition to collection by the county tax claim bureau. If a jurisdiction can save money by assigning tax claims to a third party, that third-party would be treated as the taxing district. The House concurred in Senate amendments, and the bill was enacted as Act 168 of 2004.

-- By a 46-0 vote, the Senate approved House Bill 2865, legislation that would authorize a municipality to use an alternative pension amortization schedule if the following conditions would be met: the municipality is responding to an additional increment of unfounded actuarial liability that exceeds $9 million; the additional liability causes at least a 30 percent increase in the aggregate actuarial accrued liability of the pension plan; and the schedule is attributable to a single benefit enhancement which is being recorded in the actuarial report for the first time. The bill was enacted as Act 200 of 2004.

-- By a 47-0 vote, the Senate approved Senate Bill 564, which would amend the Rural Pennsylvania Revitalization Act to add the regional campuses of the University of Pittsburgh to the list of colleges and universities whose faculty members are eligible for grants from the Center for Rural Pennsylvania. The bill would change a “quorum” designation from six members to a simple majority of the 11-member Center for Rural Pennsylvania Board. In addition, the bill would amend references to the Pennsylvania Farmers’ Association to reflect its current name, the Pennsylvania Farm Bureau, and would delete references to the now-defunct Pennsylvania Rural Coalition. The bill died in the House.

-- By a 46-0 vote, the Senate concurred in House amendments to Senate Bill 673, which would extend the Agriculture Loan Forgiveness program to agriculture teachers. Loan applicants would be required to hold a degree related to the production of agricultural products from a Pennsylvania college or university approved by the Pennsylvania Higher Education Assistance Agency (PHEAA). Other applicant guidelines would include: current certification under Department of Education Certification and Staffing Policies and Guidelines and first-year employment status teaching an agriculture curriculum at the elementary or secondary level in a public or private school.

Pennsylvania’s Agriculture Education Loan Forgiveness Act provides loan forgiveness totaling up to $2,000 annually, or a maximum of $10,000, to agriculture and medicine graduates who return to farms or practice large-animal veterinary medicine within the Commonwealth. PHEAA anticipates $102,000 in carry-over program funds from the $210,000 designated for the program in the 2003-2004 state budget. Approximately 14 new teachers per year would be eligible for loan forgiveness under the proposed bill.

The bill was enacted as Act 181 of 2004.

-- By a 47-0 vote, the Senate concurred in House amendments to Senate Bill 871. This legislation would create a Humane Society Police Officer Advisory Board to advise the Secretary of Agriculture in the administration of the approximately 100 active humane society police officers in Pennsylvania.

The Advisory Board, appointed by the Secretary of Agriculture as chairperson, would consist of: a representative of a society or association for the prevention of cruelty to animals; a humane society police officer; a representative of a statewide veterinary medical association; a representative of a farm organization; a district attorney or designee; a district justice; a representative of the police; a Court of Common Pleas judge; and a clerk of courts.

Humane society police officers are appointed by the Court of Common Pleas. Under the bill, a society or organization for the prevention of cruelty to animals would be permitted to petition the county court of common pleas for the appointment of particular individuals as humane society police officers.

The following requirements would be designated for appointees: Pennsylvania residency for at least one year; successful completion of the training program; clean criminal history report from the State Police; no prior convictions for offences graded a felony or serious misdemeanor; and no prior convictions for offences related to cruelty to animals. The Department of Agriculture, with recommendations from the Humane Officer Advisory Board, would contract with an accredited college or university to offer initial and continuing education programs for human society police officers. In addition, the bill would establish the Humane Officer Account in the General Fund to cover the cost of processing appointments and renewals, as well as Board operations, training programs and other expenses. All fines, penalties and surcharges collected by humane society police officers would be deposited into the fund. Violations of the Humane Society Police Officers Enforcement Act of 1994 would constitute a third-degree misdemeanor and would carry a fine of up to $1,000 and/or imprisonment for not more than 90 days. The Board would also be permitted to impose a $100 surcharge on certain offenses relating to cruelty to animals.

The bill was enacted as Act 205 of 2004.

-- By a 47-0 vote, the Senate concurred in House amendments to Senate Bill 912. This legislation would establish the state Crop Insurance Law under aimed at educating Pennsylvania’s farm producers on the benefits of federal crop insurance and risk management. Under the bill, the state would continue to pay up to 10 percent of the cost of insurance premiums, but would no longer be required to pay for associated administrative fees and costs. The savings of approximately $750,000 would be applied to the premium subsidy. If funds are not sufficient to provide up to 10 percent of insurance premium costs, the Department of Agriculture would be authorized to prorate available funds among all recipients of federal crop insurance for that year. The 2004-2005 state budget subsidy for the state’s crop insurance program is $2 million, and the proposed legislative changes would result in an approximately 6.7 percent discount on premiums. The bill was enacted as Act 208 of 2004.

-- The Senate unanimously concurred in House amendments to Senate Bill 1096, which would amend the Insurance Company Law to outline the circumstances under which advances could be made from a director, officer, person, corporation or other entity to a domestic insurer in exchange for a surplus note. Any advance would require a 30-day notice to the Insurance Commission. The bill also would require any entity that solicits or provides prepaid home health or personal care services, and claims to be exempt from securities requirements, to turn over all necessary books and records to the Pennsylvania Insurance Commissioner for final determination. No long-term care insurance policy would be marketed, offered or designed to provide coverage for less than 12 consecutive months. The bill was enacted as Act 216 of 2004.

-- By a 47-0 vote, the Senate concurred in House amendments to Senate Bill 1192. This legislation would amend the Fiscal Code to permit the Pennsylvania Treasury Department to invest and reinvest the moneys of any state fund, including equity securities and mutual funds consisting, in whole or in part, of equity securities. The bill also would terminate the Treasury Department’s authority to invest or reinvest moneys by Dec. 31, 2006. The Treasury Department would, then, be allowed to maintain investments held on the expiration date for no more than two years. Following House concurrence, the bill was enacted as Act 220 of 2004.

-- The Senate unanimously passed House Bill 2029, which would permit Philadelphia, which has adopted a home rule charter, to enforce ordinances, rules and regulations pertaining to the illegal dumping or disposal of waste, trash or debris.  This bill would create a freestanding act, which would authorize the city to impose new penalties for the violation of ordinances relating to so-called short dumping.  The bill was enacted as Act 227 of 2004.

-- House Bill 2227 was unanimously passed in the Senate.  The bill would amend the Forest Lands Beautification Act by allowing an additional 10-year period during which the Forest Lands Beautification Restricted Account may receive funding, up to $300,000 annually, from the Keystone Recreation, Park and Conservation Fund.  The bill was enacted as Act 139 of 2004.

-- The Senate unanimously approved House Bill 2528, which would provide for the Capital Budget Debt Authorization Act of 2004-2005. The bill specifies the maximum principal amount of additional debt to be incurred during this fiscal year for capital projects previously itemized in a capital projects itemization bill. The Governor signed the bill into law as Act 182 of 2004.

-- The Senate unanimously passed House Bill 2775, which would permit the Department of Education to provide grants to schools, provide for professional development workshops, and evaluate curricula material and make it available to schools. Starting in 2005, the department would also have to submit annual reports to the chairs of the Education committees in the House and Senate. No grant could be for more than $5,000. The bill was enacted as Act 231 of 2004.

-- By unanimous vote, the Senate passed House Bill 2804, which would amend the Coal and Gas Resource Coordination Act by changing the requirements for minimum distance between gas wells and by eliminating provisions for voluntary agreements and the validity of such agreements.  The bill was enacted as Act 171 of 2004.

-- By a unanimous vote, the Senate concurred in House amendments to Senate Bill 255.  This bill would establish a new Alternative Fuels Incentives Fund to authorize grants and rebates to promote the use and production of alternative fuels.  The bill would amend the Alternative Fuels Incentive Grant (AFIG) Program by having the department establish a Rebate Program for state residents who purchase a hybrid vehicle.  The bill was enacted as Act 178 of 2004.

-- The Senate unanimously concurred in House amendments to Senate Bill 856, which would amend Pennsylvania’s “Fireworks Law” (Act 65 of 1939) to further regulate the sale and use of fireworks in Pennsylvania.  The bill defines “consumer fireworks” to include those that are intended to produce visible and audible effects by combustion.  The term does not include hand-held or ground-based sparklers.  A licensed facility may sell consumer fireworks year-round if they are transported directly out of state.  Local governments would retain the right to permit fireworks displays and no Pennsylvania resident can buy consumer fireworks from a licensed facility without such a permit.  Consumer fireworks would be sold only from a facility that is licensed by the Department of Agriculture. The bill was enacted as Act 204 of 2004.

 -- The Senate unanimously concurred in House amendments to Senate Bill 1030, which would provide for the acquisition and sale of electricity generated from renewable and environmentally beneficial sources.  The measure would be known as the “Alternative Energy Portfolio Standards Act.”  The bill was enacted as Act 213 of 2004.

 -- The Senate passed Senate Bill 1041 by a unanimous vote.  This bill would provide for the continuation of the Pennsylvania Senior Environment Corps under the Pennsylvania Department of Environmental Protection and the Department of Aging.  The bill would direct the departments to continue funding and support for the Pennsylvania Senior Environment Corps and its network of chapters throughout the state.  The corps is defined in the bill as a statewide network of county-based host organizations for older Pennsylvanians who do environmental, educational, social, and health programs benefiting their communities.  The bill was enacted as Act 215 of 2004.

  -- By a vote of 46 –1, House Bill 2155 was passed in the Senate. This bill would amend Title 30 (Fish) further providing for fishing licenses, boat registrations, charter boat and guide operations, and fees.  The bill was enacted as Act 159 of 2004.

  -- The Senate unanimously approved House Bill 2326, which would allow the Game Commission to modernize the process by which hunters report their big game kills. It would give the Game Commission more flexibility in managing the reporting of big game hunting success and allow the Commission to set up a reporting system that takes advantage of new technologies, such as Internet and touch-tone telephone reporting.  The bill was enacted as Act 162 of 2004.

   -- By a unanimous vote, the Senate passed House Bill 248, which would amend the Borough Code (Act 581 of 1966); appropriating the use of taxes for fire suppression employees, ambulance service, rescue squads, and other emergency services.  The bill was enacted as Act 223 of 2004.

  -- The Senate passed House Bill 249 by a unanimous vote.  The bill would amend The First Class Township Code authorizing the use of taxes for fire suppression employees, ambulance service, rescue squads, and other emergency services.  The bill was enacted as Act 123 of 2004.

  -- By a unanimous vote, the Senate passed House Bill 250, which would amend the Second Class Township Code permitting the use of taxes for fire suppression employees, ambulance service, rescue squads, and other emergency services.  The bill was enacted as Act 224 of 2004.

  -- The Senate passed House Bill 850 by a unanimous vote.  This bill would amend the Second Class County Code by making several updates and repeals to contracting provisions of the code, as well as, further providing for certain benefits for elected officials. The bill was enacted as Act 186 of 2004.     

--  House Bill 2748 was unanimously passed in the Senate.  The bill would amend the Pennsylvania Municipal Retirement Law providing for part-time employees.  Currently, the act refers to temporary and seasonal employees and does not use the term part-time employees.  This bill would amend the act by adding a section pertaining to part-time employees.   The legislation provides that all existing part-time employees not enrolled in the pension plan shall have the right to elect to participate in the pension plan.  The bill was enacted as Act 169 of 2004.

  -- The Senate unanimously passed House Bill 2798, which would amend the Borough Code removing bidding and advertising requirements for the sale of real property to a non-profit museum or historical society.  The measure also addresses eligibility for elective office in certain boroughs and the powers of mayor.  This bill was enacted as Act 170 of 2004.

-- The Senate unanimously approved Senate Bill 798, which would establish the Capitol Centennial Commission and gives authority to the commission to make decisions on celebratory events, materials, information, and other matters for the centennial anniversary.  The only officially sanctioned events will be those designated by the committee. The bill was enacted as Act 203 of 2004.

-- The Senate unanimously concurred in House amendments to Senate Bill 892.  This bill would amend the “Pennsylvania Municipalities Planning Code” by further providing for “professional consultants,” for review fees and inspection fees charged by municipalities and the procedure to dispute such fees, including arbitration.   This bill was enacted as Act 206 of 2004.

-- The Senate unanimously passed Senate Bill 1079, which would allow non-uniformed retirees of a city of the third class to receive their pension while serving in elected office, as long as they do not accept a salary while serving in office. The bill died in the House.

            -- House Bill 1620 was passed in the Senate by a unanimous vote.  This bill would authorize the release of Project 500 restrictions on land owned by the Township of Wright, Luzerne County, in return for the imposition of Project 500 restrictions on other land owned by the Township of Wright, Luzerne County.  This bill was enacted as Act 136 of 2004.

             -- The Senate passed House Bill 2442 by a unanimous vote.  The bill would amend the Regulatory Review Act to provide
 for additional legislative intent, definitions, proposed regulations, review procedures, and requires review, when requested, of any
 existing regulation in effect for at least five years.  The bill was vetoed.

-- The Senate voted 29-18 in favor of House Bill 138, which would amend the Vital Statistics Law to raise the fee a local registrar may charge for a death certificate from $2 to $6.  These funds would be used for the modernization of coroners’ laboratories and training.  Many Democrats opposed the bill, saying that it was a substantial increase in fees for people at a difficult time in their life. The bill was signed into law by the Governor as Act 122 of 2004.

-- The Senate unanimously passed House Bill 310, which would designate a portion of State Route 1040 in East Cocalico Township (Lancaster County) as “Colonel George Howard Boulevard;” and a bridge on State Route 72 in Manheim Township (Lancaster County) as “General Richard M. Scott Bridge.”  The bill was enacted as Act 124 of 2004.

-- The Senate unanimously passed House Bill 873, which would increase penalties for speeding in school zones on second and subsequent offenses. This bill establishes a new fine of up to $500 for speeding in a school zone when the driver exceeds the speed limit by more than 11 miles per hour and establishes a 60-day license suspension for a second or subsequent conviction of speeding in a school zone.  Also, it establishes an increased fine of $500 and six-month license suspension for careless driving when there is an unintentional death of another person; and a fine of $250 and a three-month license suspension when there is a "serious bodily injury" to another person. The bill now goes to the Governor.

-- The Senate unanimously passed House Bill 994, which would establish Transit Revitalization Investment Districts to stimulate redevelopment in communities located near mass transit stations.  The bill is now in the Governor’s hands.

-- The Senate unanimously passed House Bill 2036, which would provide for “mental health advance directives,” allowing adults to specify their treatments in advance of becoming incapacitated by mental illness.  The bill was enacted as Act 194 of 2004.

-- The Senate unanimously passed House Bill 2066, which would provide for special inspections for reconstructed, modified, or specially constructed vehicles.  The bill was enacted as Act 228 of 2004.

-- The Senate unanimously passed House Bill 2218, which would allow using funds from the Liquid Fuels Tax to be used for computer-related hardware, software, and training.  The bill was enacted as Act 138 of 2004.

 -- The Senate unanimously passed House Bill 2270, which would direct the Department of Public Welfare to develop and implement pilot projects for supporting families of persons with disabilities.  The purpose of these projects would be to keep families together and keep people with disabilities in their communities, rather than institutions.  The bill was enacted as Act 198 of 2004.

  -- The Senate unanimously approved House Bill 2405, which would designate the bridge carrying State Route 248 over Aquashicola Creek in Palmerton (Carbon County) as the “Colonel John Craig Memorial Bridge.”  The bill was enacted as Act 140 of 2004.

  -- The Senate unanimously approved House Bill 2406, which would redesignate a bridge on State Route 3021 in Cranberry Township (Butler County) as the “Steven M. Krochta Memorial Bridge.”  The bill was enacted as Act 118 of 2004. 

--  The Senate unanimously approved House Bill 2482, which would establish the State Railroad Infrastructure Bank as an economic development program.  Under this legislation, the Department of Transportation would provide low-interest loans to railroads and their customers to improve and construct rail freight infrastructure.  The bill was enacted as Act 165 of 2004.

 -- The Senate unanimously passed House Bill 2599, which would designate Exit 37 on Interstate 81 (Cumberland County) as the “87^th Infantry Division Patton’s 3^rd U.S. Army – WWII Memorial Interchange.”  The bill was enacted as Act 142 of 2004.

  -- The Senate unanimously passed House Bill 2664, which would create the criminal offense of “Flying While Impaired.”  This bill, as amended in the Senate, also provided an additional $6 million for bailing out the transit authorities in Pittsburgh and Philadelphia, as well as redistributed transit funds to rural area transit authorities.  The bill is now in the Governor’s hands.

  -- The Senate unanimously passed House Bill 2666, which would remove the provision that vehicle inspections and registrations expire in the same month.  Senate amendments to this bill would also allow commercial driver employers and school bus driver employers to obtain unlimited driver records from the Department of Transportation.  The bill was enacted as Act 229 of 2004.

  -- The Senate unanimously approved House Bill 2745, known as “Bridge Bill No. 10.”  This bill would authorize new state and local bridge projects for design and construction.  The bill was enacted as Act 145 of 2004.

  -- The Senate unanimously approved House Bill 2794, which would designate the Clairton-Glassport Bridge (Allegheny County) as the “Senator Edward F. Zemprelli Bridge;” and State Rout 3012 Bridge over Clearfield Creek in Beccaria Township (Clearfield County) as the “Private First Class Bradley G. Kritzer Bridge. The bill was enacted as Act 146 of 2004.

 -- The Senate unanimously approved House Bill 2980, which would allow a “split municipality” to join with a county department of health and allow a county department of health to dissolve with the vote of its governing body.  The bill was enacted as Act 172 of 2004. 

  -- The Senate unanimously concurred in House amendments to Senate Bill 79, which would establish the Print Media Access System Program.  This program would provide telephone access to print media access systems to the blind.  The bill was enacted as Act 174 of 2004.

--  The Senate unanimously concurred in House amendments to Senate Bill 432, which would correct a technical discrepancy in the Public Safety Emergency Telephone Act.  The bill was enacted as Act 179 of 2004.

  -- The Senate unanimously passed Senate Bill 703, which would tighten privacy restrictions on posting or requesting Social Security numbers.  The bill prohibits a person, entity, or state agency or political subdivision from: publicly posting or displaying an individual’s social security number; printing a person’s social security number on a document, so that person can use or access a product or service; requiring a person to transmit his or her social security number over the Internet, unless that connection is secure or the message is encrypted; requiring a person to use his or her social security number to access the World Wide Web; printing a person’s social security number on any material that is mailed to the individual unless required by federal or state law; and requiring someone to use his or her social security number to access products or services. The bill died in the House.

  -- The Senate unanimously concurred in House amendments to Senate Bill 705, which would amend the Crimes Code to further provide for the offense of deceptive or fraudulent business practices.  Specifically, this legislation would prohibit knowingly making a false or misleading statement in a privacy policy regarding the use of personal information submitted by the public. The penalty for this offense would be a fine of $50 to $500.  The bill was enacted as Act 202 of 2004.

  -- The Senate unanimously concurred in House amendments to Senate Bill 844, which would authorize projects on state owned highways across the state.  The bill was enacted as Act 149 of 2004.

 -- The Senate unanimously concurred in House amendments to Senate Bill 938, which would clarify that a commercial vehicle driver without a commercial license is included in the section of the Vehicle Code providing for criminal penalties for unlicensed drivers causing accidents resulting in injury or death. The bill also makes various technical amendments regarding “special mobile equipment,” “multipurpose agricultural vehicles,” ignition interlock systems and vehicle size restrictions.  The bill was enacted as Act 211 of 2004. 

             -- By a 42-5 vote, the Senate approved House Bill 447, which would amend the Judicial Code to limit liability for damages from donated vehicles or equipment to volunteer fire companies. A section was also added that would mandate a five-year prison sentence for possessing a firearm while dealing drugs. Following House concurrence, the bill was enacted as Act 225 of 2004.

            -- The Senate unanimously approved House Bill 709, which would increase the penalty for abusing a cat or dog (second or repeat offense) from a summary offense to a third degree misdemeanor. The amended bill was sent to the Governor.

            -- The Senate unanimously approved House Bill 835, which would require all felony convicts to submit a DNA sample to the State Police Data Bank for genetic identification evidence. Currently, only felons convicted of sexual or violent felonies are required to submit a DNA sample. The measure also extends the period of time for prosecuting sexual misdemeanor cases for at least a year following the discovery of DNA evidence. The bill was enacted as Act 185 of 2004.

             -- By a 46-0 vote, the Senate approved House Bill 1262, which would create an “Address Confidentiality Program” in the Office of Victim Advocate. The bill would allow a victim of domestic or sexual violence or stalking to obtain a confidential, substitute address to protect them or a member of their household. They could also use the substitute address in a marriage license application, motor vehicle registration, and driver’s license application. Under the bill, providing false information to qualify for a confidential address could result in disqualification and criminal prosecution. The bill was enacted as Act 188 of 2004.

             -- The Senate unanimously approved House Bill 2055, which would clarify that deactivated military reservists “released from active duty” or “honorably discharged” can qualify for Civil Service state’s veterans’ preference. The bill was enacted as Act 195 of 2004.

  -- By a unanimous vote, the Senate approved House Bill 2430, which would amend the Vital Statistics Law to require DNA samples prior to the issuance of a death certificate for unidentified body or fetal remains. The State Police would maintain the DNA samples. The bill was enacted as Act 141 of 2004.

  -- The Senate unanimously approved House Bill 2572, which would allow summary proceedings involving motor vehicles to begin within 365 days after the crime was committed if the offense involved an accident resulting in injury or death. The bill also would amend Title 42 to extend the summary offense disposition time period to three years.  Following House concurrence, the bill was enacted as Act 166 of 2004.

  -- By a 45-2 vote, the Senate approved House Bill 2978, which would change the way district justices are reimbursed for gas mileage. Under the bill, district justices who are temporarily assigned to other magisterial districts would be reimbursed at rates established by the Administrative Office of Pennsylvania Courts, but not in excess of the applicable maximum federal mileage rate. The bill died in the House.

  -- By a 45-2 vote, the Senate approved Senate Bill 997, which would essentially eliminate the old mileage rate of seventeen cents per mile for District Justices and enable the Administrative Office of Pennsylvania Courts to establish mileage rates. The bill was amended and approved in the House, and returned to the Senate where it died.

  -- By a unanimous vote, the Senate approved an amended version of Senate Bill 72, which would amend the Crimes Code to make it a first degree felony (up to 20 years in prison and a fine of up to $25,000) to cause serious bodily injury to a utility worker or employee of a county Children and Youth agency. There are 27 other categories of workers who are already listed under the increased penalty grading status. The bill would also allow county courts to expunge underage drinking convictions once the individual turns 21 and meets all the terms and conditions of their sentence. Following House concurrence, the bill was enacted as Act 173 of 2004.

  -- The Senate unanimously approved Senate Bill 95, which would make numerous amendments to the Domestic Relations Code concerning divorce actions. Among many changes, the bill would define legal separation; stipulate how prenuptial agreements can be overturned; clarify property distribution rights when a spouse dies during a divorce action; and dictate how retirement plans are valued in divorce actions. The bill was enacted as Act 175 of 2004.

  -- The Senate unanimously approved Senate Bill 109, which would amend the state’s Juvenile Act to specify when law enforcement records on children can be disclosed to the public. Under the bill, a record could be made public if a minor (14 or older) has been adjudicated delinquent for a felony offense; or if the child (12 or older) is being charged for rape, involuntary deviate sexual intercourse, kidnapping, murder, robbery, arson, burglary, drug dealing, or attempting/conspiring to commit any of these offenses. The measure also permits a police officer to file a citation for a summary offense under Title 75 within 30 days after the offense was committed or within 30 days after the crime was discovered or the offender identified, whichever is later. Following House concurrence, the bill was enacted as Act 176 of 2004.

  -- The Senate unanimously approved Senate Bill 133, which clarifies several issues in the state’s drunk driving (DUI) law. The measure creates grading enhancements for DUI accident and refusal offenses that correspond with penalty enhancements. This will ensure that the enhanced statutory maximum matches the appropriate grading of the offense. The bill would also make all ignition interlock offenses misdemeanors. The bill was enacted as Act 177 of 2004.

  -- By a 44-2 vote, the Senate approved an amended version of Senate Bill 304, which would give state and local governments more of a priority status when the assets of an estate are insufficient to pay all of its debts.  Following House concurrence, the bill was vetoed.

  -- By a unanimous vote, the Senate approved Senate Bill 441, which would authorize U.S. bankruptcy judges, various administrative judges and former mayors who are state residents to officiate marriages. Following House concurrence, the bill was enacted as Act 232 of 2004.

  -- The Senate unanimously approved an amended version of Senate Bill 668, which is aimed at improving the reporting and accuracy of crime statistics in Pennsylvania. The bill would: transfer the legal authority and administrative responsibilities for the state’s Uniform Crime Report (UCR) from the Pennsylvania Commission on Crime and Delinquency to the Pennsylvania State Police; notify and remind police departments that fail to submit their crime statistic to the State Police; and penalize agencies that refuse to provide complete and accurate crime statistics for the UCR report. The bill would also improve the accuracy of campus crime statistics by mandating that schools include information in their reports about campus arrests by state or local police. The bill was enacted as Act 180 of 2004.

  -- The Senate unanimously approved Senate Bill 669, which would standardize qualifications for those who provide interpretation services in Pennsylvania courtrooms. Under the bill, the Administrative Office of Pennsylvania Courts would establish a statewide program for identifying and uniformly certifying qualified language interpreters to help litigants who speak little English as well as those who are deaf. The bill died in the House.

  -- The Senate unanimously approved Senate Bill 959, which provides that when there is more than enough money in the Constables’ Training and Education Account to meet expenses, the surplus can be allocated to help constables’ and their deputies pay for required continuing education programs. The bill was enacted as Act 233 of 2004.

  -- The Senate unanimously approved Senate Bill 1099, which would add 16 common pleas judges to county courts around the state. The bill was enacted as Act 217 of 2004.

-- By a unanimous vote, the Senate approved House amendments to House Bill 623, which would help prevent Enron-type fraud in Pennsylvania by amending the definition of  “deceptive or fraudulent business practices” for those who knowingly provide false or misleading information to a certified public accountant that leads to a misleading financial statement, audit, review or other document by that accountant or accounting firm. It also applies to those who deliberately omit information that results in a misleading financial statement. The bill now goes to the governor.

            -- The Senate unanimously passed House Bill 2022, which would subject assessors in Second Class counties to the requirements of the Assessor Certification Act. Currently all assessors must comply with the act with the exception of Philadelphia and Allegheny Counties. Assessors from Allegheny County will have three years to comply. The bill was signed by the Governor as Act 100 of 2004.

-- The Senate unanimously approved House Bill 2090, which would amend Unfair Trade Practices and Consumer Protection Law clarifying the procedure for contracting for goods or services exceeding $25 when the goods and services are necessary to remedy an emergency on the buyer’s property.   The bill was also approved unanimously in the House and enacted as Act 196 of 2004.

 -- The Senate unanimously approved House Bill 2298, mandating identification on dentures and removable orthodontic appliances.  The Governor enacted the bill as Act 101 of 2004.

 -- The Senate unanimously approved House Bill 2384, amending Underground Utility Line Protection Law to require a facility owner to submit an incident report to the Department of Labor and Industry (L&I) within 10 days of learning that facility owner’s lines were damaged by excavation or demolition.  The bill was enacted as Act 199 of 2004.

 -- A bill intended to crack down on musical groups who might not be who they say they are died in the House. Senate Bill 859 would have made it a violation of the Unfair Trade Practices and Consumer Protection Law to advertise a live musical performance or production through a false or misleading association between the performing person or group and a recording person or group.  The bill saw no action in the House before session adjourned.

 -- By a vote of 44-2, the Senate passed House Bill 1113, which would require school districts to develop a written policy to allow students to possess and self-administer asthma inhalers and asthma medicine in school. The bill was enacted as Act 187 of 2004.

 -- In a unanimous vote, the Senate approved House amendments to Senate Bill 931, extending the Police Officer, Firefighter, Corrections Employee and National Guard Member Child Beneficiary Education to the children of sheriffs or deputies killed in the line of duty.  Last year, 18 students received the benefit.  The bill was enacted as Act 210 of 2004.

  -- The Senate unanimously passed House Bill 1238, which would allow diesel fuel to be dispensed using hold-open nozzles at self-service stations; and requires that containers for diesel fuel shall be color-coded yellow.  This bill also requires that persons using hold-open nozzles must remain within ten feet and within plain sight of the refueling point. The bill was enacted as Act 134 of 2004.

  -- By a unanimous vote, the Senate passed House Bill 2749, mandating that the Department of Labor & Industry utilize the latest national standards applicable to the operation of ski lifts.  The legislation eliminates the requirement that a ski lift be shut down when there is a nonfatal injury.  The bill was approved in the House and enacted as Act 230 of 2004.

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