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Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR
THE WEEK OF |
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In what was largely a party line vote, the Senate this week voted 32 to 18 to reinstitute the so-called “Fair Share Act” that governs how much of a financial share defendants can be responsible for in civil lawsuits. Currently, a defendant liable for a very small percent of the damages can be required to pay the full amount of damages if other defendants do not have the means to pay their share. Under Senate Bill 435, defendants would only pay damages proportionate to their liability, unless they acted deliberately or were more than 60 percent liable. The measure was enacted previously, but struck down by the courts on procedural grounds. Democrats criticized the bill for not doing enough to protect victims, and making physicians more vulnerable to lawsuits against their personal assets. A compromise amendment (containing some of the provisions of Senate Bill 563) that would have apportioned damages between remaining defendants after first taking out the plaintiff’s share of liability was defeated 26 to 24. The bill now goes to the House.
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In response to a U.S. Supreme Court that expanded the use of eminent domain, the Senate this week passed two bills aimed at striking a balance between protecting citizens from having their property seized and government’s need to revitalize older and blighted communities. Senate Bill 881 would limit municipalities from using eminent domain to condemn private property for private enterprise use. Exceptions include the owner’s consent, abandoned property and if the property is a public health threat. The measure also provides a more specific definition of what “blight” is. An amendment was approved that would partially exempt areas in Philadelphia, Pittsburgh, Montgomery, Bucks, and Delaware Counties previously certified as blighted. The bill now goes to the House. Senate Bill 897 would establish new procedures to govern condemnations. One such requirement would mandate that a condemnation proceeding be brought in the court of the county in which the property is located. At any time in the proceedings, the condemnor or condemnee may agree upon all or any part or item of the damages and proceed to have those parts or items not agreed upon assessed. The bill now goes to the House
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The Senate again took up House Bill 515, which would reduce the personal income tax rate from 3.07 to 3.05 percent and improve the business tax climate for start-up businesses and cyclical industries. Under the bill, by 2010 businesses would be able to carry forward up to $10 million in losses rather than the current $2 million. The measure also changes the formula for calculating Corporate Net Income Tax for firms by limiting the tax to sales made within Pennsylvania. When this bill was first considered in the Senate, Democrats had offered an amendment that was more aggressive in stimulating job growth. Senate Democrats had proposed eliminating the cap on the net operating loss deduction (which hurts businesses like the steel industry that can have huge losses in a single year and new businesses) and moving to a single sales factor for calculating a company’s corporate net income tax (which penalizes companies that have large payrolls and a large footprint in Pennsylvania). The Senate Democratic proposal was also revenue-neutral, unlike the Republicans’ plan offered in House Bill 515. The tax cut in Senate Bill 515 would cost the state an estimated at $46 million in revenue. The Senate voted 35-13 to approve House Bill 515. The bill now goes to the Governor, who has threatened to veto it.
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By a 46 to 4 vote, the Senate approved House Bill 111, an omnibus measure that would clarify the operational hours of beer distributors and protect licensees from sanctions over illegal drug activity that occurred in their establishment without their knowledge. The bill also reduces the minimum amount of ounces allowable in a case of beer and malt beverages, and would enable the Liquor Control Board to consider proximity to locations like churches, schools and hospitals in refusing a licensee’s requested secondary service area (different location for serving alcohol on the same tract of land) application. The amended bill now returns to the House.
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To further regulate retired police officers carrying concealed firearms, the Senate unanimously passed an amended version of House Bill 1057 that would require all Pennsylvania law enforcement agencies to provide their retiring officers with a photo identification card. A certified firearms training organization would then provide a yearly “qualification card,” indicating that the officer has completed firearms training and qualification within that year. The combined photo ID and qualification card would constitute the former officer’s license to carry. The bill now returns to the House.
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In other action:
The Senate unanimously approved Senate Bill 618, which would provide immunity for horse farm owners and handlers as long as a sign is posted stating that the participant assumes the risk when they engage in any of the equine activities offered. The bill is now in the House.
The Senate unanimously approved Senate Bill 895, which would make it illegal to taunt or abuse police animals such as drug dogs or crowd control horses used by metropolitan transportation authorities. Under the bill, offenders could be charged with a third degree felony and required to pay restitution and veterinary bills. Currently, the law only applies to police agency animals.
The Senate unanimously approved Senate Bill 1034, which appropriates $1.632 million to pay increased law enforcement and emergency response personnel death benefits. Earlier this year, the Senate approved Act 59 of 2005, which increased the death benefit from $63,000 to $100,000. The bill now goes to the House.
By a 49 to 1 vote, the state Senate acted to improve pension benefits for municipal police officers by approving Senate Bill 394. This bill would allow townships and boroughs to provide a pension increment benefit of up to $500 for police officers who have served 25 years or more. This benefit would be paid in addition to any other monthly pension or retirement allowances. The bill now heads to the House.
The Senate unanimously approved Senate Bill 573, which would require fourth through eighth class counties to take two separate votes for any property tax increase after a countywide property reassessment. Similar legislation for second class A and third class counties was enacted last year (Act 91 of 2004). The bill now heads to the governor.
The Senate unanimously passed Senate Bill 736, which would amend the Pennsylvania Construction Code Act to grandfather in commercial structures that did not obtain certificates of occupancy under the previous Fire and Panic Act and have been declared “illegally existing.” The bill is now in the House.
The Senate unanimously approved Senate Bill 860, which would amend the Plain Language Consumer Contract Act to require under seal a signed statement that if omitted would create an irrebuttable presumption that the parties did not intend to create an instrument in writing under seal. The measure is now in the House.
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