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Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR
THE WEEK OF |
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By a 48 to 2 vote, the Senate last week approved a bipartisan bill that would provide significant homeowner property tax relief across Pennsylvania and makes senior citizens a top priority. The amended Special Session Senate Bill 30 would give school district officials the flexibility to choose a tax reform plan that works best for homeowners in each school district. The plan would require no new or increased state taxes. The plan expands the Property Tax Rent Rebate Program, increasing the income eligibility from 15,000 to 25,000. Homeowners in all school districts except Philadelphia would receive property tax cuts funded by gaming revenue. Philadelphians would see a wage-tax cut. Voters in each school district except Philadelphia, Pittsburgh and Scranton would have the opportunity in May, 2006, to approve shifting a portion of the property tax to an earned income tax (EIT). School boards would determine the level of the shift, with a minimum of 35 percent of the Homestead Exclusion. The average tax cut under the minimum EIT shift and at $1 billion in gaming revenue, is projected at 43 percent statewide. The plan retains the important spending control measures contained in Act 72, which Senate Bill 30 repeals. School districts that imposed an increase in the EIT under Act 72 would be prohibited from collecting the tax. The bill is now in the House.
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The Senate this week approved legislation that would require municipalities to exempt low-income workers from the $52 occupational tax that was created last year. This legislation would also require municipalities to collect the tax incrementally in each pay period. Responding to concerns from local ambulance and fire companies that the tax’s name (the Emergency and Municipal Services, or EMS, Tax) was confusing and detrimental to their fundraising efforts, the tax would be renamed the “Local Services Tax” under Senate Bill 157. The Senate voted 46-4 to approve the House-revised version of Senate Bill 157, which now returns to the House for a vote on Senate amendments.
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The Senate voted unanimously to extend the Mcare abatement program intended to keep doctors practicing in Pennsylvania by helping with malpractice insurance premiums. The state will spend $210 million on the program in 2006. House Bill 2041 also requires the Pennsylvania Insurance Department to report by May 15 on the effectiveness of the program and sets up a commission to address unfunded liabilities in the Mcare system. The bill was sent back to the House, which unanimously concurred in Senate amendments. It now goes the Governor.
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The Senate unanimously passed Democrat-sponsored legislation to improve life insurance benefits for Pennsylvania National Guard soldiers on active duty. Senate Bill 398 would boost life insurance benefits for soldiers deployed or preparing for deployment to $400,000. The federal government pays the premium for the first $150,000, and the state would pay for the next $250,000. The bill now goes to the House.
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The Senate voted unanimously in favor of Senate Bill 869, which would extend health insurance benefits for certain military personnel who were covered under their parent’s insurance and were full-time students at the time of deployment. To qualify, the student must be a member of the Pennsylvania National Guard or the Reserve who are called to active duty or active state duty, other than for training, for a period of 30 or more consecutive days. Coverage would be extended for a period equal to how long the student was on active duty or until they are no longer a full-time student. The bill now goes to the House.
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Despite criticism from Democrats that House Bill 1318 would needlessly disenfranchise poor and elderly voters, the Senate approved the bill 29 to 21 in a party-line vote. Republicans did allow Democratic amendments allowing voters to show alternative types of identification such as pay stubs and utility bills; allowing ex-offenders to vote; and allowing polling places to be located in private residences under special circumstances. However, Democrats said the measure remained too restrictive on the location of polling places – forcing some elderly residents to needlessly travel many miles to alternative polling places. Under the bill, taverns, firehouses and country clubs that serve liquor would be ruled out as polling places unless there is a separate entrance for voting, and the voting area is housed in a separate room away from where the liquor is located. Other components of the amended bill would extend the time period for the receipt of overseas ballots to seven days; and would, under special circumstances, allow a polling place to be located in an adjacent precinct. The bill now returns to the House.
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By a unanimous vote, the Senate Approved House Bill 477, which would establish a new cause of action that would permit lawsuits against people or organizations that engage in terrorism, or provide material support for terrorism. The bill was largely aimed at radical eco-terrorist organizations that use fear as a means to discourage lawful activity ranging from logging to research using animals. Exceptions to this action would include financial institutions and labor organizations that are conducting their activities within the appropriate regulatory laws. The bill now goes to the Governor.
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Legislation to prevent identity theft and protect consumers’ information will advance to the governor’s desk after a unanimous Senate voted to approve Senate Bill 712 this week. Senate Bill 712 would require companies to notify individuals when their personal information has been compromised through a data breach. This bill is based on California law, which this year triggered the notification of 35,000 California residents whose information had been breached at ChoicePoint. Similar legislation has been enacted this year in Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Louisiana, Maine, Minnesota, Montana, Nevada, New Jersey, New York, North Carolina, North Dakota, Rhode Island, Tennessee, Texas, and Washington.
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A Democrat-sponsored bill that would utilize technology to reduce the cost of conducting state business won unanimous support from the Senate this week. Senate Bill 770 would permit the use of the United States Postal Service Electronic Postmark for correspondence between government agencies and companies, provided that both parties consent to its use. Electronic postmarks can time stamp documents to verify that the content had not been altered. They would also allow the use of a return receipt, which could be used in place of certified mail-return receipt requested. Expanded use of electronic mail could significantly reduce the state’s postage costs. The measure has been referred to the House Commerce committee.
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With a vote of 48-2, the Senate passed Senate Bill 656. The measure would create the Residential Construction Dispute Resolution Act, providing for dispute resolution procedures concerning residential construction defects between contractors and homeowners. The measure is aimed at settling construction defect disputes before they reach a court of law. Under the bill, the claimant would have to provide service of written notice of claim on that contractor no later than 75 days before initiating an action. The notice would have to adequately describe the nature of the alleged construction defects and the results of the defects The bill is now in the House.
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In other action:
The Senate unanimously passed House Bill 894, making it easier for retired teachers to return to the classroom when needed. The bill relaxes continuing education requirements and keeps retirees’ teaching certificates active. The bill also makes it easier for teachers to comply with continuing education requirements by making the courses available on line. The bill goes back to the House for concurrence in Senate amendments.
The Senate unanimously approved House Bill 1686, which would make the transportation of paintball supplies safer, but also differentiates a paintball marker from firearms such as air rifles or BB guns. The legislation was partially in response to a court ruling that deemed a paint ball marker a weapon under the criminal code. The bill also requires that a marker be disabled and empty when it is in a vehicle. In addition, the paintballs must be in a sealed container and the gun kept in a secure wrapper. Following unanimous House concurrence, the bill now goes to the Governor.
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 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 bill now goes to the Governor.
The Senate unanimously passed House Bill 1826 which would permit the use of a surety bond or letter of credit in lieu of escrowing a deposit made in connection with the purchase or reservation of a planned community unit. Currently, the bill requires declarants to place the entire deposit amount, made in connection with the purchase or reservation of a unit, in escrow. The bill now goes to the House.
The Senate voted to ensure that game wardens and wildlife conservation officers receive the same retirement benefits provided to other state law enforcement officers. The Senate voted 45-5 to approve House Bill 603, which now heads to the governor.
The Senate unanimously passed House Bill 163, which would allow workers collecting Social Security to collect full unemployment compensation. Currently, a worker’s weekly unemployment compensation benefit is reduced by 50 percent of his weekly pension payment. The bill went back to the House where Senate amendments were unanimously approved, and it now awaits the Governor’s signature.
The Senate unanimously passed Senate Bill 437 covering certain prison employees under the “Enforcement Officer Benefits Law.” The bill changes the word “officer” to “employee,” adding two to three dozen employees into the benefit plan. The bill now goes to the House.
The Senate this week voted unanimously to approve Senate Bill 811, which would give county retirement boards an additional year to adopt enhanced benefit class options under the County Pension Law. The bill has been referred to the House State Government committee.
The Senate unanimously concurred in amendments to 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 or the Capitol Police. 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 bill is now in the Governor’s hands.
The Senate unanimously passed House Bill 1690, which allow hunters or trappers to use bait to attract coyotes. The bill also provides for a license exception for those individuals participating in the mentored youth hunting program regulated by the Pennsylvania Game Commission. The bill now goes to the Governor.
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