Senate of Pennsylvania

SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF JUNE 21, 2004

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By a vote of 40-10, the Senate this week approved Senate Bill 1139, which would relax regulatory restrictions that were adopted in the
statewide building code passed in 1999.

The bill passed with Democratic amendments that would exempt certain home renovations in order to prevent adding expense and delays to
small projects. Another Democrat-negotiated amendment would exclude all alterations or repairs to residential dwellings unless the repairs result in a
structural change. The measure would also exclude recreational cabins along with other ancillary buildings from the code, which goes into effect for
residential construction on July 8.  The bill now goes to the House for consideration.

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The Senate unanimously approved Senate Bill 1039, which would expand the state’s “Sunshine Act” by amending Title 65 (Public Officers) to
clarify the definition of “agency.”  The definition would include the governing board of any nonprofit corporation, which by a written agreement with a
community college or state-aided, state-owned or state-related college has supervisory or advisory powers regarding the school’s degree programs.

The legislation was prompted by the Dickinson Law School’s Board of Governors holding private meetings to discuss relocating its law school
from Carlisle to State College.

The bill now goes to the House.

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The Senate unanimously concurred in House amendments to House Bill 1634, which would provide for the Capital Budget Project Itemization Act
for fiscal 2003-2004. The amended bill would provide $13.1 billion in project authorizations.  The bill was signed into law as Act 40 of 2004.

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The Senate unanimously passed Senate Bill 854, which would amend Pennsylvania’s Fireworks Law, further defining rules and licensing requirements
for the sale and display of fireworks.

The bill would permit a facility licensed by the state Department of Agriculture to sell consumer fireworks year-round to out-of-state residents as long
as the fireworks are transported directly out of state. In addition, the legislation would establish an annual licensing fee of $5,000 and would obligate the
Pennsylvania State Police to conduct background checks of all owners, operators, supervisors and full-time employees of consumer fireworks facilities.

            Senate Bill 854 has been sent to the House Agriculture and Rural Affairs Committee.

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            By a 49-1 vote, the Senate approved Senate Bill 921, which is aimed at protecting minors from illegal cigarette sales and safeguarding legitimate retailers who sell cigarettes over the Internet.

The bill would prohibit the delivery sales of cigarettes through the mail or any other means of telecommunication to a purchaser who is not a licensed dealer. Among other regulations, the legislation would require sellers of cigarettes to register with the state Department of Revenue prior to product delivery and to provide the Department with a monthly report listing buyer information and items sold.

Additional Department costs are estimated at $250,000 for the licensing and enforcement provisions of this bill. However, the Department is expected to recover nearly $41 million in cigarette and sales taxes from out-of-state and Internet sales.

The bill has been sent to the House Finance Committee.

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               The Senate unanimously approved House Bill 2042, which would amend Title 34 (Game) of the Pennsylvania Consolidated Statutes. 
The amended bill would provide for the issuance of a wild turkey license,
allowing a hunter to harvest additional turkeys that a regular license would not. The bill now returns to the House.
 
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The Senate unanimously passed House Bill 550, which would amend Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for standing and parking prohibitions.  The amended bill would allow municipalities to prohibit vehicles from parking within 30 feet of signs advising a disabled person resides in the area.  The measure also increases fines for parking in restricted areas from $15 to a maximum of $50.  The bill now returns to the House.

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            By a unanimous vote, the Senate passed Senate Bill 871, which would amend Title 22 (Detective and Private Police) of the Pennsylvania Consolidated Statues to include Chapter 37 (Humane Society Police).  The amended bill establishes a Humane Society Police Officer Advisory Board as well as a Humane Society Officer Account. The bill now goes to the House.

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            By a 49-1 vote, the Senate approved House Bill 147, which would establish a film production tax credit for feature films and television shows produced in Pennsylvania and intended for a national audience.

Eligible productions would receive a tax credit of 15 percent for the first $10 million of production costs and 20 percent for total aggregate production expenses exceeding $10 million. The tax credit would apply to the following: sales and use tax, personal income tax, corporate net income tax or capital stock and franchise tax. Eligible productions would be permitted to carry forward the tax credit for three taxable years.

The bill now goes to the House for concurrence in Senate amendments.

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            The Senate unanimously passed Senate Bill 1040, which would create the Pennsylvania Center for Environmental Education (PCEE) and a corresponding Board as an amendment to the state’s Environmental Education Act of 1993. The Center would be established within the State System of Higher Education.

PCEE activities would include promoting partnerships with educators, businesses and environmental organizations, as well as cataloguing and distributing environmental education materials and evaluating the effectiveness of Pennsylvania’s existing environmental education programs. The PCEE Board would be comprised of representatives from the state Department of Environmental Protection, Department of Conservation and Department of Education, along with six appointees of the State System of Higher Education.

Under the proposed legislation, PCEE would receive a one-time appropriation of $350,000, with the understanding that a similar allotment would appear as a regular DEOP line item in future years. The bill would also designate the third week in November each year as “Environmental Education Week.” 

Senate Bill 1040 now goes to the House.

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            The Senate unanimously approved Senate Bill 1041, legislation that would provide for the continuation of the Pennsylvania Senior Environment Corps under the state’s Department of Environmental Protection and Department of Aging.

            The Senior Environmental Corps would be defined in the bill as a statewide network of county-based host organizations for older Pennsylvanians who engage in community environmental, educational, social and health programs. The corps would provide support through equipment and supplies; networking and recognition opportunities; training; education; and reimbursement of volunteers. The proposed legislation would allocate $300,000 in equal parts to both departments in fiscal 2004-2005 for the corps and its local chapters.

The bill has been sent to the House Environmental Resources and Energy Committee.

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            The Senate unanimously approved Senate Bill 1042, which would establish the Office of Pollution Reduction and Prevention within the state Department of Environmental Protection.

            The office would be headed by a deputy secretary and would be responsible for overseeing programs that reduce and prevent pollution, as well as energy efficiency and green sources of energy. Office duties would include: developing and promoting technologies to reduce pollution at its source; creating and disseminating educational materials for businesses and the public; and instating a technical assistance initiative, coordinated with DCED’s Small Business First program, which would provide grants of up to $5,000 to help Pennsylvanians comply with environmental regulations and statutes.

            In addition, the Office would be required to establish a “Pollution Reduction Index” to track the permanent pollution reductions and energy conservation results achieved by Pennsylvania businesses, residents and local governments.

Senate Bill 1042 now goes to the House.

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The Senate unanimously approved House Bill 2273, which would amend Section 501 of the “Civil Service Act” to further define residency requirements for those seeking state civil service positions in Pennsylvania. The bill would allow a person who has graduated or attended a Pennsylvania high school or completes the requirements under the home education and graduated from a postsecondary institution in the state to apply for a civil service position, provided that the individual applies for such position within five years of graduating from the postsecondary institution. The bill now goes to the governor.

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