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Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR
THE WEEK OF |
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The Senate has unanimously concurred in House amendments to Senate Bill 100, which provides for $1 billion in anticipated property and wage tax relief for Pennsylvanians. Spearheaded by Senate Democrats, this historic tax reduction will be funded by revenue from slot machines at 14 venues across Pennsylvania. When a minimum $750 million in gaming revenues is available for property tax relief, school districts will have the opportunity to cut property taxes by no less than 10 percent – and 23 percent on average. In Philadelphia, the wage tax will be significantly reduced for resident and non-resident wage taxpayers working in the city. The tax relief legislation was a big win for Senate Democrats and Gov. Ed Rendell, who have relentlessly pushed for cutting property taxes. The Governor signed the bill into law as Act 72 of 2004. * * * Hailed as a means to create jobs, spur economic activity, fund important local projects and provide some long-overdue tax relief to homeowners, the Senate voted 30 to 20 in favor of legislation that allows 61,000 slot machines at 14 locations across Pennsylvania. The gaming expansion is projected to eventually generate $1 billion in funding each year to cut local school district property taxes by an average of 23 percent. House Bill 2330 creates a seven-member Gaming Commission that will have jurisdiction over the slots licensees. Unanimously supported by Senate Democrats, the expanded gaming is also expected to reinvigorate Pennsylvania’s struggling horse racing industry and other related-agricultural industries by putting our tracks on equal competitive footing with tracks in neighboring states that already have slot machines. It is estimated that Pennsylvania residents spend in excess of $3 billion every year at gambling venues in neighboring states. Gov. Ed Rendell enacted the bill as Act 71 of 2004. * * * By a unanimous vote, the Senate approved House Bill 2579, the state’s $23.3 billion General Fund Budget for 2004-05. The new spending plan renews the state’s commitment to public schools by hiking basic education subsidies by more than $150 million (3.5 percent) over the last year’s total. The budget also includes $15 million to supplement Head Start, $47 million for tutoring programs, and $200 million for the state’s Accountability Block Grant program that focuses on math and reading skills. The budget also provided a 21 percent increase for libraries, a 4.3 percent increase for higher education, and a 2 percent cost-of-living boost for direct care workers who work with the handicapped and mentally retarded. Democrats credited Gov. Ed Rendell for his “responsible and efficient” use of state tax dollars. After being left with a deficit by the former Administration, Rendell has built a $636 million revenue surplus. Heeding the governor’s advice, the legislature placed most of the surplus funds in reserve accounts in anticipation of higher federal Medicaid costs next year. The governor signed the conference committee report on House Bill 2579 as Act 7A of 2004. * * * The Senate unanimously concurred in House amendments to Senate Bill 979, which would enable victimized or traumatized children to testify by an alternative means in criminal cases. Under the bill, a child under the age of 13 could testify by closed circuit television or video tape if the court determines that testifying in a face-to-face confrontation with the accused or certain witnesses would cause the child to suffer serious emotional trauma that would substantially impair their ability to communicate. The measure comes on the heels of overwhelming voter support that changed the state’s Constitution to allow for alternative forms of providing testimony in criminal cases. The bill now goes to the Governor. * * * In other action: By a 49-1 vote, the Senate concurred in House amendments to House Bill 147, as amended by the Senate. This legislation 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 on expenses occurred after December 31, 2003. Eligible productions would be permitted to carry forward the tax credit for three taxable years. The bill now goes to the Governor. * * * The Senate approved House Bill 1321 by a 42-8 vote. This legislation would create the First-Class Cities Economic Development Act. The Act 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. This bill would create an economic development district site at 17th and JFK Streets in Center City Philadelphia, providing a multi-purpose skyscraper for the city that could potentially serve as the world headquarters for Comcast Communications. The bill has been sent to the House for concurrence in Senate amendments. * * * By a 49-0 vote, the Senate approved House Bill 1488, legislation repealing an outdated law (Act 378 of 1919) that fixed the salaries and compensation of officers, clerks and employees of the Philadelphia County Recorder of Deeds office. New salary schedules were adopted when Philadelphia ratified a home rule charter. The Governor has signed the bill into law as Act 52 of 2004. * * * The Senate unanimously approved House Bill 2351, an amendment to the state’s Borough Code that would provide former borough wastewater authority employees with the option of retaining membership in the borough retirement system. The bill was designed to address a situation in Milton (Northumberland County) involving eight borough employees who now work for a regional wastewater authority. House Bill 2351 now goes to the Governor. * * * The Senate unanimously approved House Bill 2467, an amendment of the Commonwealth’s Municipal Pension Plan Funding Standard and Recovery Act to further provide for the contents of an actuarial valuation report. The legislation would permit a municipality to change the amortization period from 15 to 30 years for an outstanding balance of the increment of unfounded actuarial accrued liability attributable to the net investment losses. Under the proposed bill, the amortization change would be permitted beginning in calendar year 2003 for losses incurred in 2001 and 2002. The bill would also require that any municipality choosing to extend the amortization period file a revised actuarial valuation report with the Public Employees’ Retirement Commission no later than September 30, 2004. The bill now goes to the Governor. * * *
The Senate unanimously approved House Bill 2472, legislation amending the definitions section of the Capital Facilities Debt Enabling Act. The bill adds the definition of “hospital” and expands the definition of “public improvement projects” to include community colleges. Other added definitions clarify the list of eligible facilities and applicants under the term “redevelopment assistance capital project.” The legislation also increases the limitation on the maximum amount of redevelopment assistance capital projects to be undertaken by the Commonwealth. The Governor has signed the bill into law as Act 67 of 2004. * * * By a 30-20 vote, the Senate passed House Bill 2654, legislation designating the powers of the Philadelphia Parking Authority, which would include fixing rates, charging for facility use, serving as an impounding agent and authorizing the towing and storage of vehicles, as well as overseeing budgets and contracts. The bill also would allow the Philadelphia Parking Authority to regulate taxicab and limousine service through a transfer of regulatory functions from the Pennsylvania Public Utility Commission (PUC). To cover the transfer cost, $1.5 million would be appropriated from the First-Class City Taxicab Regulatory Fund in the PUC to the Philadelphia Parking Authority. An additional $2 million would be transferred from the First-Class City Taxicab Regulatory Fund to the Philadelphia Parking Authority for a hospitality initiative intended to make taxicab service more customer-friendly. In opposing the bill, Democrats criticized the measure as being little more than a Republican patronage job grab. The bill now goes to the Governor. * * * The Senate unanimously concurred in House amendments to Senate Bill 200, as amended by the Senate. This legislation would permit retired teachers, certified instructors, and administrators covered under the Pennsylvania Public School Employees’ Retirement System to return to service without retirement penalty – and without additional retirement credits – for one school year, in the event of a teacher shortage. The Governor has signed the bill as Act 63 of 2004. * * * By a vote of 47-3, the Senate concurred in House amendments to Senate Bill 508, legislation that would amend Pennsylvania’s Municipal Claim and Tax Lien Law. The bill would shorten the time period for the redemption of vacant property from one year to nine months after the date of the acknowledgement of deed by the sheriff. The bill would also reduce the time period for parties wishing to challenge a foreclosure sale from six months to three months after the date of the acknowledgement of deed by the sheriff. The bill now goes to the Governor. * * * The Senate unanimously passed Senate Bill 1147, which would authorize the lawful display of the American flag, Pennsylvania flag or military flag (including the POW/MIA flag) by residents in a unit owners association, homeowners association or master association. Under this bill, no association would be permitted to outlaw the outdoor hanging of such flags on a homeowner’s property if the display is in accordance with federal, state and local rules and regulations. The bill has been sent to the House. * * * The Senate unanimously passed Senate Bill 1149, which would amend the Tobacco Settlement Agreement Act to require that non-participating manufacturers (NPMs) continue to place certain moneys into an escrow account to satisfy state claims in the event of a future legal judgment against a NPM. The amended bill would entitle an NPM to a release of certain escrow funds as long as the NPM can establish that the amount paid into escrow exceeded the required Tobacco Master Settlement Agreement payment. The bill now goes to the House. * * * By a 48-2 vote, the Senate approved Senate Bill 1155, which that would provide for a phase-out of the Pennsylvania Capitol Stock and Franchise Tax. The bill would accelerate the phase-out period of this tax on business assets for the next five years, until the taxable rate of zero mills would go into effect on January 1, 2010. The phase-out is currently two years behind the schedule originally proposed. The bill has been sent to the House. * * * The Senate unanimously approved Senate Bill 1160, legislation that would designate 9,000 acres of the Roaring Creek Tract of the Wyoming State Forest as the “Edward W. Helfrick Tract” in honor of the former Pennsylvania senator from the 27th Legislative District. The bill has been sent to the House. * * * The Senate unanimously passed Senate Bill 1190, which would amend the Pennsylvania Tax Code to extend the hiring date of eligibility under the employment incentive tax credit from December 31, 2004, to December 31, 2009. The bill now goes to the House. * * * The Senate unanimously passed Senate Bill 1192, legislation that would amend the state Fiscal Code to further define the powers and duties of the Pennsylvania Treasury Department. The bill would allow the Treasury Department to invest and reinvest the assets of any state fund, including equity securities and mutual funds, for a period ending December 31, 2008. The bill now goes to the House. * * * The Senate unanimously passed House Bill 2726, extending the waiver for libraries on minimum staffing requirements. Libraries were relieved of the minimum staffing requirements for one year last year after budget cuts. The bill extends the waiver for another year. It was approved unanimously in the House and signed by the Governor as Act 68 of 2004. * * * By a vote of 38 to 12 the Senate concurred in House amendments to Senate Bill 1139, which would relax restrictions that were adopted in the statewide building code passed in 1999. The bill passed with a Democratic amendment that would exempt home renovations and repairs in order to prevent added expenses and delays to small projects. The amendment excludes all alterations or repairs to residential dwellings unless the repairs result in a structural change, and excludes recreational cabins along with other ancillary buildings from the code. The bill awaits the Governor’s signature. * * * The Senate unanimously approved House Bill 2513, which is intended to protect milk producers from a repeat of the Parmelat scandal that left some farmers unpaid for their milk. The bill amends the Milk Producers’ Security Act to require new milk dealers that obtain licenses after the effective date of this act to file a bond with the Milk Marketing Board equal to a minimum of 75 percent of the highest aggregate amount owed by the milk dealer to all producers for a 40-day period during the preceding 12 months. Following House concurrence, the bill was signed by the Governor as Act 66 of 2004. * * * By a 42 to 8 vote, the Senate approved House Bill 1117, which would toughen penalties against those who damage or trespass on railroad property; and gives railroads civil liability in cases where someone deliberately trespasses. Under the measure, which was largely promoted as a homeland security issue, it would be a third degree misdemeanor to illegally hop a train or vandalize railroad property. Following House concurrence, the bill is now in the Governor’s hands. * * * The Senate unanimously approved House Bill 1039, which would amend the Public Welfare Code to allow for assessments of Medicaid managed care providers and intermediate care facilities for the mentally retarded. The bill now goes to the Governor. * * * The Senate unanimously approved House Bill 1965, which repeals an outdated act that authorized the now-defunct Pennsylvania Post-War Planning Commission to enter into agreements with political subdivisions in Pennsylvania to finance plans and specifications of public works. The repeal bill was signed into law as Act 64 of 2004. * * * The Senate unanimously concurred in House amendments to House Bill 1996, which would amend the Procurement Code to allow the Department of General Services to enter into “collective purchasing contracts.” These contracts would be solely for the use of the local public procurement units or state affiliated entities. Under the bill, the department would enter into cooperative purchasing contracts if the number of contractors under a previously existing contract for the same supply or service is reduced to a single contractor or reduced by 50 percent of the number that existed on September 30, 2003. The bill now goes to the Governor. * * * The Senate unanimously approved House Bill 2081, which enables non-active duty National Guard personnel to terminate a housing rental agreement under certain conditions. In conformity with a new federal law, non-active duty personnel can terminate lease agreements if they receive: permanent change of station orders; temporary duty orders for of at least three months; an honorable discharge or release from active duty or employment; and orders for base military housing that forfeits their Basic Allowance for Housing pay. The bill was signed into law as Act 65 of 2004. * * * By a unanimous vote, the Senate approved House Bill 2268, which repeals provisions of two statutes (Act 28 of 1873 and Act 83 of 1874) that govern the use of the centennial exposition building, known as Memorial Hall, located in Fairmount Park, Philadelphia. Memorial Hall was one of many buildings constructed in Philadelphia for the Centennial Exhibition of 1876. In fact, it is the only remaining major structure from the Exhibition. The building, once an art museum, now houses the Fairmount Park Commission headquarters and public recreational facilities. The bill was enacted as Act 60 of 2004. * * * The Senate unanimously approved House Bill 2433, which would reinstate the $25 million grant program for volunteer fire and ambulance companies. The grant program was first offered in 2000. Former Gov. Tom Ridge later eliminated the program. The bill also includes incentives for volunteer emergency service companies that wish to consolidate. Following House concurrence in Senate amendments, the bill is now in the Governor’s hands. * * * The Senate unanimously concurred in House amendments to Senate Bill 751, legislation requiring respiratory care practitioners to obtain 20 hours of continuing education credits every two years as a condition for license renewal. The Governor enacted the bill as Act 55 of 2004. * * * The Senate unanimously concurred in House amendments to Senate Bill 752, legislation changing the definition of “certification” and “physician assistant” as contained in the state’s Osteopathic Medical Practice Act and setting forth the continuing education certification guidelines for respiratory care practitioners. The bill also requires that physician assistants hold the minimum of a baccalaureate degree, complete be at least 60 hours of instruction in pharmacology or other related courses, and be “licensed” as opposed to “certified.” The Governor has signed the bill into law as Act 56 of 2004. * * * The Senate unanimously concurred in House amendments to Senate Bill 769, which would create the Elderly Immunization Act to provide influenza vaccines to Pennsylvania seniors. Under the bill, influenza vaccinations would be made available in October and November to any Pennsylvanian 65 years of age or older who is admitted to a hospital for a period of more than 24 hours for a condition unrelated to the influenza virus. Vaccinations and related educational and informational materials would also be offered. The bill now goes to the governor. * * * The Senate unanimously approved House Bill 445, which would create the Sign Language Interpreter and Transliterator
* * * The Senate unanimously approved Senate Bill 157, which would amend the Public School Code to allow for firefighter and emergency service training to be counted as creditable high school courses. The bill would also regulate credit card marketing on a college or university campus. It also reenacts provisions relating to education empowerment districts and temporary aid for schools districts affected by reductions in assessed real estate value. The bill now goes to the House. * * * The Senate unanimously approved Senate Bill 217, which would require the Pennsylvania Commission on Sentencing to adopt guidelines for participation in State intermediate punishment. Under the bill, eligible offenders would be referred by the court to the Department of Corrections prior to sentencing to evaluate whether the defendant would benefit from the Drug Offender Treatment Program and whether placement would be appropriate. The bill now goes to the House. * * *
By a unanimous
vote, the Senate concurred in House amendments to
Senate Bill 319, which
authorizes Pennsylvania to join the Interstate Compact for Juveniles. * * * The Senate unanimously concurred in House amendments to 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 Governor. * * * By a 49 to 1 vote, the Senate approved Senate Bill 1099, which would add common pleas judges in the counties of Allegheny (2 judges), Blair, Berks, Butler, Chester, Lackawanna, Luzerne, Pike, and Washington. The bill now goes to the House. * * * The Senate unanimously approved Senate Bill 1184 which would authorize the release of Project 70 land restrictions on certain lands owned and being conveyed by the City of Scranton, to Lackawanna Land and Energy Inc. In exchange, Project 70 land restrictions would be imposed on certain land owned by the Lackawanna land and Energy Inc. Following unanimous House approval, the bill is now in the governor’s hands. * * * The Senate unanimously passed House Bill 1130, which would allow for the purchase of booster seats for children in qualified loaner programs. The bill also allows for learners’ permits, for drivers of emergency vehicles. The bill would also allow an out-of-state driver age 21 and older to accompany a young driver who has a learner’s permit. The measure also provides that before a person may take the examination for a commercial driver's license, they must have held a learner's permit for 15 days (reduced from 30 days) for the class of vehicle the person intends to drive. Following House approval, the bill now goes to the governor. * * * The Senate unanimously approved House Bill 1912, which would permit certified registered nurses, nurse practitioners or physician assistants to certify a person’s disability in order to receive a handicapped parking license plate or placard from PENNDOT. Currently, only physicians can provide such certification. Following House concurrence, the bill is now in the governor’s hands. * * * By a unanimous vote, the Senate approved House Bill 2230. The measure would continue the $25 Emergency Medical Services Fund surcharge assessed against offenders who are accepted into Accelerated Rehabilitative Disposition programs for Driving Under the Influence. The bill now awaits the Governor’s signature. * * * The Senate unanimously approved Senate Bill 1097, which would designate a portion of State Route 6 in Wyoming County and part of State Route 92 in Susquehanna County as “scenic byways.” The bill is now in the House Transportation Committee. * * * The Senate unanimously approved
Senate Bill 1186, which designates a portion of State Route 1014 in Cumberland
* * * By a unanimous vote, the Senate approved House Bill 2521, which appropriates $44.9 million from the general Fund’s restricted revenue account to the Public Utility Commission for general government operations for fiscal 2004-2005. The bill was enacted as Act 8A of 2004. The Senate unanimously approved House Bill 2522, which appropriates $4.6 million from the General Fund to the Office of Consumer Advocate in the Attorney General’s Office for fiscal 2004-2005. The bill was signed into law as Act 1A of 2004. The Senate unanimously passed House Bill 2523, which appropriates $967,000 to the state’s Small Business Advocate. The bill was signed into law as Act 2A of 2004. The Senate unanimously approved
House Bill 2524, which appropriates $23.49 million from the State Employees' Retirement
By a unanimous vote, the Senate approved
House Bill 2525, which appropriates $41.7 million from the Public School
The Senate unanimously approved House Bill 2526, which appropriates $22.9 million from the General Fund’s Professional Licensure Augmentation Account to the Department of State for the operation of the Bureau of Professional and Occupational Affairs. The bill was enacted as Act 5A of 2004. By a unanimous vote, the Senate approved House Bill 2527, which transfers funds from the Workmen's Compensation Administration Fund to the Department of Labor and Industry to provide $55 million for administrative expenses for the 2003-04 fiscal year. The bill also appropriates $184,000 to the Department of Community and Economic Development to fund workers' compensation activities by the Small Business Advocate. The bill was signed into law as Act 6A of 2004. * * * The Senate unanimously approved a number of non-preferred appropriations totaling $748.66 million. They include:
The Senate voted 46 to 4 in favor of the following non-preferred appropriations bills:
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