SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF
June 27, 2005

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          The Senate this week unanimously approved Senate Bill 709, which would amend Pennsylvania’s Local Tax Collection Law to give counties and municipalities the option of allowing taxes to be paid in up to 12 annual installments.

          The legislation also requires all school districts to offer taxpayers the option of quarterly, bimonthly or monthly installment payments for real property taxes, by the 2006-2007 school year. Under current law, school districts cannot collect tax payments in more than four annual installments.

          In addition, the bill would allow local tax collectors to request an increase in compensation within 15 days of a school district’s adoption of monthly installment payments. The tax collector would be required to send a certified letter containing his or her request and any account of increased administrative costs incurred through the collection of monthly installment payments.

          The bill now goes to the House.

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          The Senate unanimously passed Senate Bill 723. This legislation would amend Pennsylvania’s Agricultural Area Security Law to encourage state and local governments to enter into financial partnerships with eligible nonprofit entities in order to increase the funding available for agricultural conservation easement purchases under the state’s Farmland Preservation Program.

          Under the bill, all Pennsylvania counties would have the option of permitting eligible nonprofit entities to participate in the easement program. The county’s farmland preservation board would set the requirements for participation and would recommend each easement purchase jointly with an eligible nonprofit entity.

          The bill now goes to the House.

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          By a 49 to 1 vote, the Senate approved Senate Bill 565, which would make the position of District Attorney full time in third through seventh class and counties. Eighth class counties would have the option of making the post full time.

          Under the bill, candidates must be county residents at least one year prior to the election. The measure would also increase the minimum age from 18 to 25 and require that the district attorney be admitted to the Pennsylvania Supreme Court Bar for at least one year prior to taking office.

          In addition, District Attorney candidates would not be permitted to receive supplementary income, in the form of honorariums, profit shares or divisions of income from prior law firm associations. A part-time district attorney is permitted to operate an outside practice, under Pennsylvania law.

          Only 27 of Pennsylvania’s 67 District Attorneys are currently classified as full-time.

          The bill is now in the House.

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         By a 50-0 vote, the Senate passed Senate Bill 260, legislation that would establish the Interstate Insurance Product Regulation Compact. The compact would provide uniform standards for individual and group annuities, life insurance, disability income insurance and long-term care insurance.

          By signing this compact into law, Pennsylvania would join other states to establish a joint public agency known as the “Interstate Insurance Product Regulation Commission,” a corporate body responsible for: enacting and enforcing interstate insurance regulations, reviewing products, rate filings and advertisements, and prosecuting legal proceedings.

          The compact would become effective when 26 states, or states representing more than 40 percent of the premium volume for covered lines of insurance, enact this legislation.

          The bill now goes to the House.

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          A unanimous Senate endorsed House Bill 129, which would criminalize piloting an aircraft while under the influence of drugs or alcohol.  Pennsylvania is currently one of only three states that do not outlaw flying while intoxicated.

          This bill would make it a second-degree misdemeanor for any member of a flight crew (including pilots, attendants, and ground maintenance workers) to perform his duties while under the influence of illegal drugs or alcohol.  They may not have a blood-alcohol concentration greater than .02 percent and may not fly within eight hours of consuming alcohol.  Those convicted under this statute could face a fine of $1,000-$5,000, at least three days in jail, and drug treatment.  Drunken pilots who cause injury, death, or property damage face even tougher penalties.

          The bill now heads to the governor for his signature.

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         The Senate unanimously approved Democratic-sponsored legislation that would bring Pennsylvania into compliance with federal regulations for commercial driver licensing.

          Senate Bill 724 would implement the Federal Motor Carrier Safety Improvement Act of 1999, which requires states to maintain a complete driving record of all traffic violations (except parking) and disqualifies drivers from obtaining a commercial license when they have high-risk traffic offenses in their own, personal vehicles.

          If state laws do not conform to the new federal guidelines by September 30, Pennsylvania could lose up to $40 million in federal highway and safety funding and the authority to issue or renew a commercial driver’s license.

          The bill passed the House unanimously and now heads to the governor.

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In other action:

          The Senate unanimously approved Senate Bill 639, which would amend Pennsylvania’s Real Estate Tax Sale Law to allow a local taxing district, other than a municipal authority or school district, to accept the donation of a property that is subject to a tax claim. The purpose of the bill would be to secure new owners for delinquent properties and return these properties to the tax rolls. The bill now goes to the House.

          By a 50-0 vote, the Senate passed Senate Bill 640, legislation that would amend Pennsylvania’s Municipal Claim and Tax Lien Law to allow local governments to accept the donation of a property that is subject to a tax claim. The purpose of this bill, similar to Senate Bill 639, would be to secure new owners for delinquent properties and return these properties to the tax rolls. Under Senate Bill 640, such donations would be acceptable for any county, city, borough, incorporated town, township, home rule municipality, optional plan municipality or optional charter municipality. The bill now goes to the House

          By unanimous vote, the Senate passed Senate Bill 210.  The bill would require that charitable organizations that raise more than $250,000 in a given year submit to an audit and report those findings.  Previously, audits were required when these organizations raised more than $125,000.  Audits would be performed in accordance with the Statements on Auditing Standards of the American Institute of Certified Public Accountants. The bill now goes to the House.

          The Senate unanimously approved House Bill 398, which would add the state House Parliamentarian, and remove the House Chief Clerk, as a nonvoting member of the Legislative Data Processing Committee. The committee was originally formed in 1968. The bill now goes to the governor.

          By a unanimous vote, the Senate approved House Bill 399, which would enable a divorcing or surviving spouse to change their name back to their surname by filing with their county prothonotary. Currently, such notices to resume a prior name are filed with the clerk of courts. The bill now goes to the governor.

          The Senate unanimously concurred in House amendments to Senate Bill 584, which would add the offense of “disarming a law enforcement or corrections officer” to the Crimes Code. Under the Democrat-sponsored bill, it would be a third degree felony to disarm a police officer or deprive them of their weapon. The felony offense would subject offenders to a fine of up to $15,000 and up to seven years in jail. The bill now goes to the governor.

          The Senate unanimously approved House Bill 279, which would amend Pennsylvania’s Municipal Retirement Law to extend the period to use “excess interest” for administrative expenses. The extension would include calendar years 2001 through 2005. Under the bill, “excess interest” would not be permitted to exceed 0.6 percent of the total asset value of the fund at the beginning of the calendar year. The bill now returns to the House for concurrence in Senate amendments.

          The Senate passed Senate Bill 197 by a 49-1 vote.  This bill would strengthen enforcement efforts at landfills by imposing new penalties on landfill operators who fail to meet certain standards. The bill now goes to the House.

          The Senate unanimously passed Senate Bill 511, which amends the “Job Enhancement Act” of 1996 to allow master’s degree students to participate in the Technology Work Experience Internship Program. The bill now goes to the Governor.

          The Senate voted 44-6 to approve House Bill 157, which would allow Lehigh and Northampton counties to raise their hotel room tax by 0.5 percent to 4 percent.  The additional revenues generated would be used to help build and maintain a minor-league ballpark and for other tourism-promotion activities.  The bill would also clarify the appropriate uses of the hotel tax and hotel room tax in third- through eighth-class counties. The bill now goes to the governor for his approval.

          The Senate voted unanimously to approve House Bill 1589, which would expand the definition of “rural hospitals” that are eligible to receive Medicare inpatient hospital service payments. The amended bill now goes to the House.

           The Senate passed House Bill 887 unanimously. This bill would provide for a $1 resident hunting license for Pennsylvanians who are former prisoners of war. The bill now goes to the Governor.

          The Senate unanimously passed House Bill 1076, which would provide a hunting license at a reduced fee for military personnel. The bill would provide a $1 resident hunting license for members of the Pennsylvania National Guard and reservists of the U.S. Armed Forces who were ordered to active federal service and deployed overseas for more than 180 consecutive days. The bill now goes to the Governor.

          By unanimous vote, the Senate approved House Bill 1077. This bill would provide a $1 fishing license for members of the Pennsylvania National Guard and reservists from the U.S Armed Forces who were on active duty overseas for more than 180 consecutive days. The bill now goes to the Governor.

          The Senate unanimously passed House Bill 136, which would amend the Second Class Township Code to allow the board of supervisors to provide funds to nonprofit watershed associations for watersheds serving the township. The funds could not be used to undertake litigation against any municipal corporation or to seek redress against any individual landowner. The amended bill now goes back to the House.

          The Senate passed House Bill 266 by unanimous vote. The bill would amend the Borough Code to allow a borough to provide funds to nonprofit watershed associations for watersheds serving the borough. Those funds could not be used for litigation against any municipal corporation or to seek redress against individual landowners. The bill now goes back to the House.

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