The Senate this week unanimously passed Senate Bill 936, which would officially establish the Pennsylvania Amber Alert System.

The legislation would give the State Police the responsibility and sole authority to activate alerts; provide lawsuit immunity to media carrying the alerts in good faith, and to persons who help rescue children who are the subject of alerts; and impose a $25 cost on conviction for relevant specified crimes, such as kidnapping and interfering with custody.

The Amber Alert system was launched in Pennsylvania shortly after the abduction of 13 Berks County school students by their bus driver in January 2002. Alerts are issued by state police upon a determination that a child under 18 has been abducted and may be at imminent risk of death or serious injury.

Alerts are put out through the Pennsylvania Emergency Management Agency’s emergency broadcast system to print media and members of the public signed up to receive e-mail notices. The alerts are also posted on electronic highway signboards operated by the Turnpike Commission and PennDOT. Amber Alerts have been activated 20 times in Pennsylvania, and are credited with aiding directly in the recovery of a dozen children.

The bill now goes to the House.

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The Senate unanimously passed a package of bills aimed at cracking down on securities fraud.

 House Bill 547 would double the penalties for those found guilty of violating the Pennsylvania Securities Act.  Under the bill, the maximum penalty would rise from $50,000 to $100,000 for most violations.

House Bill 599 would increase the statute of limitations for civil securities fraud actions from 4 to 5 years consistent with the federal Sarbanes-Oxley Act. This would apply to all proceedings started after the effective date of the act.

House Bill 600 would add language to the Pennsylvania Securities Act allowing the Securities Commission to deny a registration statement if an issuer has loaned money to company insiders and the loan has not been repaid prior to effective date of the registration statement.

The bills are headed to the governor’s desk for his signature.

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In other action:

• The Senate unanimously approved House Bill 2441, which would enable a widow to resume their prior name more quickly and easily. The measure would enable widows to use the same legal process for resuming their maiden name that someone seeking a divorce would use. The legislation would require that a surviving spouse file a written notice with the clerk of courts in their home county and include a death certificate for the decedent with the filing. The current process requires that widows petition a court for approval. The bill now goes to the governor.

• The Senate unanimously passed House Bill 2655, which would increase the penalty for stealing anhydrous ammonia to a second-degree felony punishable by a fine of up to $25,000 and up to 10 years in jail. Anhydrous ammonia is used to make methamphetamine. The bill now goes to the governor.

• By a unanimous vote, the Senate approved House Bill 2719, which would waive the three-day marriage license waiting period for National Guard or reserve personnel called to active duty. The bill would also enable courts to no longer recognize “common-law” marriages after January 1, 2005. Following House concurrence, the bill now goes to the governor.

• The Senate unanimously approved Senate Bill 904, which would make an editorial amendment to various titles of the Pennsylvania Consolidated Statutes changing references from “district justice” to “magisterial district justice.” The measure now goes to the House.

• The Senate unanimously approved Senate Bill 981, which would create the Educational Assistance Program Fund within the State Treasury to serve as a depository for all investment income and funds appropriated to the Education Assistance Program for National Guard personnel who serve at least six years. Currently, unspent program funds lapse back to the General Fund. Under the bill, the funding and investment income would stay with the program. The bill now goes to the House.

• The Senate unanimously approved Senate Bill 1032, which would codify the procedure used when requesting a court to approve a name change. Under the bill, the person must petition a court in their home county stating the reason for changing their name and list past residences over the past five years. The court would then set a hearing date, advertise the name change request and notify any child’s parent not involved in the petitioning process. If notification of the name change places someone’s safety in jeopardy, the court could waive the notice and seal the file. At the hearing, the person requesting the name change would need to prove that there are no pending judgments or decrees against them The bill now goes to the House.

• The Senate unanimously approved Senate Bill 912, which would permanently establish the crop insurance program. The state would continue to pay up to 10 percent of the costs of the insurance premiums, but would no longer pay for the associated administrative fees and costs. The program, initiated following the devastating 1999 statewide drought, received $2 million in state funding this year. The bill now goes to the House.

• The Senate unanimously approved the 2003-2004 state highway budget, Senate Bill 844.  Projects would be financed from current revenues of the Motor License Fund and total $501,224,000. The bill has been sent to the House.

• By a unanimous vote, the Senate approved Senate Bill 492, which would provide a comprehensive statutory framework for health care powers of attorney.  With a health care power of attorney, an individual could appoint a health care agent to make health care decisions on behalf of the principal, in accordance with the patient’s preferences, values, and moral beliefs.   This legislation would also amend current provisions regarding living wills and address out-of-hospital do-not resuscitate orders to bring them into conformity with Act No. 59 of 2002. The bill has been sent to the House Judiciary Committee.

• The Senate unanimously concurred in House amendments to Senate Bill 137, which would allow minors 14 years of age and older to get outpatient mental health services, such as counseling or therapy, without their parents' consent. . The bill would also empower parents to commit their children to mental health services without their child’s consent.  If a child disagrees with a parent’s decision to send him to inpatient treatment, the child could contest his treatment by filing a petition in the court of common pleas. The measure clarifies previous law that allowed minors 14 years or older to consent to inpatient mental health services, but was silent on outpatient treatment, on whether a parent may also consent, and on the appropriate procedures to be followed in case of conflict between the parent and the child.  The bill now returns to the House.

• By a 50-0 vote, the Senate passed House Bill 2589, which would repeal the permit required by the Department of Health for the importation of live turtles.  This bill would allow a person to sell any live turtle that is not prohibited by federal regulation.  Current Pennsylvania law requires that the department certify that the turtles are free from salmonellae, which is virtually impossible to ascertain for certain species of turtle. The bill now goes to the Governor.

• House Bill 1152 was approved by unanimous vote. The bill would amend the Tax Reform Code to create a check-off on the state income tax form for contributions to Juvenile Diabetes Cure. The bill would add juvenile diabetes to the other five funds currently listed on the tax forms. The amended bill now returns to the House.

• The Senate unanimously approved House Bill 1487, which would amend the First Class City Government Law to repeal outdated provisions relating to Philadelphia’s Department of Public Works and the Department of Supplies and Purchases. These sections became obsolete when the city adopted its home rule charter. The bill now goes to the Governor.

• The Senate unanimously passed Senate Bill 1167, which would lower the state’s rebate amount for certain prescription drugs under the PACE/PACENET program from 14 percent to 11 percent. This amount is what the federal government receives on Medicaid and is also the same amount every other state pharmaceutical program receives. The bill now goes to the House.

• The Senate unanimously approved Senate Bill 1201, which would add an exception to the advertising and bidding requirements for real property owned by a Borough, which will be sold to a non-profit museum or historical society.  This legislation would add a ninth exception to the advertising and bidding requirements. The Bill is now in the House Local Government Committee.

• By a unanimous vote, the Senate approved Senate Bill 1233, which would amend the Liquor Code to allow the sale of gift cards and gift certificates at state stores. The Bill now goes to the House.

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