SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF
June 19, 2006

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            After a six-year fight and a long day of on-and-off negotiations, the Senate this week passed a weakened bill to raise Pennsylvania’s minimum wage.  Senate Bill 1090 passed 36-14, with Democrats, who say it contains too many loopholes and Republicans opposed to any minimum wage increase, voting in opposition.

            Sen. Christine Tartaglione offered an amendment to apply all the provisions of House Bill 257, including an immediate increase to $6.25 an hour and a Jan. 1 increase to $7.15. Majority Republicans rammed through an amendment that delayed the increase by up to a year for businesses with fewer than 10 full-time employees. Democrats warned that the amendment creates a loophole that will encourage small businesses to lay off full-time workers in favor of more part-time workers to avoid paying higher wages.

            The Republican amendment passed 28-22, with all Democrats and one Republican voting against.

            Employees of companies with more than 10 full-time workers will see a minimum wage increase to $6.25 on January 1, 2007 and to $7.15 on July 1, 2007.

            The lower small-employer rate takes the minimum wage to $5.65 on January 1, $6.65 by July 1, 2007, and $7.15 by July 1, 2008.

            The fate of the bill remains uncertain, as it heads back to the House, which already passed by a 3-1 margin a minimum wage bill without the Republican loophole. 

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            The Senate voted 38 to 12 in favor of House Bill 2381, a joint resolution proposing an amendment to the Pennsylvania Constitution that would strictly define marriage as between a man and woman.

            The bill would need to win passage in two consecutive sessions, and then voter approval in a referendum before such a Constitutional change could take place.

            Since a 1996 state law already defines marriage as between a man and woman, many critics claimed the legislation was unnecessary and a Republican ploy aimed at using gay marriage as a wedge issue in the 2008 presidential election.

            By votes of 19 to 31 and 23 to 27, the Senate rejected two amendments that would have gone a step further and possibly banned civil unions between both gay and heterosexual couples, as well as same-sex marriage.

            The bill now returns to the House for concurrence.

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           The Senate unanimously concurred in technical House amendments to Senate Bill 1150, which would ban demonstrators from being within 500 feet of a funeral or commemorative service within one hour before, during or after the service.

            Offenders would be subject to a third-degree misdemeanor (maximum of one year in jail and fine of up to $2,500). The bill was prompted by the trend of anti-gay rights protesters showing up at soldiers’ funerals.

            The bill now goes to the governor for enactment.

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            The Senate unanimously passed Senate Bill 1188, which would amend the State Lottery Law to integrate the existing PACE and PACENET programs with the new Medicare Part D prescription drug benefit. It would also hold seniors harmless if they are receiving PACE/PACENET benefits and their Social Security COLA increases their income beyond the eligibility guidelines.

            If this measure passes, seniors will no longer have to pay additional premiums on the drugs they currently need and coverage will be extended to an additional 120,000 seniors.

            The bill is now in the House.

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            The Senate unanimously approved Senate Bill 1054, which would require that additional information on sexual offenders be made available on the Megan’s Law web site (http://www.pameganslaw.state.pa.us/).

            Under the bill, the same detailed information currently available on the more serious “sexually violent predators” would also be made available on the 7,800 individuals classified as “sex offenders.”

            The web site would be required to provide: name and aliases; year of birth; full residential address; full employment or college/school address; annually updated photograph; a description of the offense or offenses that prompted Megan’s Law registration; and a special designation revealing if the victim was a minor.

            The bill now goes to the House.

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            The Senate passed Senate Bill 1201 with a vote of 40-10.  This bill would prohibit the state Environmental Quality Board from taking action to impose mercury regulations stricter than the federal standard.

            Senators supporting the bill said the bill would prevent job loss and increased electricity rates by allowing coal-fired power plants to continue to operate under the federal regime. Senators who opposed the bill emphasized the negative effects of mercury pollution on children’s neurological development and the impact on the state’s fishing and tourism industries.

            The bill is now in the House.

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            The Senate voted unanimously in favor of Senate Bill 451.  This legislation would change the Rural Pennsylvania Revitalization Act, which provides money for research of the state’s rural conditions.

            The changes would add the University of Pittsburgh to the list of colleges and universities that are eligible for money.  Also, a simple majority would decide decisions rather than 6 members and the maximum amount of money to be given out would be changed from $50,000 to $60,000.  Lastly, the bill would change the name of the Pennsylvania Farmers’ Association to the Pennsylvania Farm Bureau and the Pennsylvania Rural Coalition would be deleted as an organization.

            The bill now goes to the House.

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            The Senate voted 49-1 in favor of House Bill 1580.  This legislation would broaden the authority of the Department of Agriculture to make sure animals are healthy and free of any diseases after being hunted.

            Currently, the Department of Agriculture can regulate red deer and elk.  Under this bill all deer, moose, reindeer, caribou and hybrids would be added to the animals the department can regulate.

           The bill now goes to the Governor for final passage.

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            The Senate unanimously passed Senate Bill 917, which would bring Pennsylvania in line with other states and the federal government in certifying real estate appraisers.  The bill would allow states to cooperate in certifying and licensing appraisers.  Pennsylvania would now recognize: Certified Residential Appraisers, Certified General Appraisers, Broker/Appraiser, and Licensed Real Estate Appraiser.  Language is also included to recognize an appraisal trainee license.  The bill now goes to the House.

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            The Senate unanimously passed adjustments to the state’s “Mechanics Lien Law,” clarifying which contractors may file liens and when.

            House Bill 1637 expands the definition of “residential property” to include land zoned residential.  It also allows subcontractors to file liens.  The bill now goes back to the House for concurrence.

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            By a unanimous vote, the Senate approved Senate Bill 944, which would establish tougher criminal penalties and tracking requirements for sexual offenders.

            Some of the provisions in the bill would:

            -- mandate the sexually violent predators wear a global positioning system bracelet for the rest of their lives.

            -- make it a felony for failing to register or providing inaccurate information for the Megan’s Law database;

            -- allow for the seizure of property that is used to coax or bait a minor for a sexual offense;

-- mandate a minimum 50-year prison sentence for causing serious bodily harm to a minor during a rape or involuntary deviate sexual intercourse, and

            -- establish tough mandatory minimum prison sentences for sexual crimes against minors (under 13 years of age). The law also institutes a 25 year minimum sentence against offenders older than 18.

            The bill now goes to the House.

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            The Senate unanimously approved Senate Bill 1036, which would aid in the battle against identity theft by making it illegal to go “phishing” in Pennsylvania.

            Phishing is a crime in which people use e-mail to falsely claim to be an established enterprise in an effort to lure people to a Web site to collect personal data, such as Social Security, bank account or credit card numbers, or passwords. Often the Web site that people are lured to resembles established Internet enterprises, such as eBay.

            Under the bill, it would be a felony offense to phish personal information and would carry a fine of $100,000 for each violation, along with the ability to collect damages up to three times the actual amount (if the court so rules), as well as attorney fees.

            The bill now goes to the House.

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            The Senate unanimously passed House Bill 496, which would specifically establish criminal penalties for damaging land survey monuments or markers.

            Under the bill, any person who intentionally damages or destroys a survey marker commits a summary offense.  If the destruction is done willfully or maliciously, in order to call into question a boundary line, the offense is a second-degree misdemeanor. The offender would also be responsible for restitution and re-establishing the boundaries. The summary offense would not apply when the marker is a natural object like a tree.

            The bill also would decrease the statute of limitations for the commencement of a civil action, based upon a defective land survey, from 21 years to 12 years.

            The amended bill now returns to the House.

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            The Senate unanimously passed House Bill 2317, which would provide for the state’s Capital Budget Project Itemization Act for fiscal 2005-2006. The amended bill provides  $4.953 billion in project authorizations. The bill now returns to the House for concurrence in Senate amendments.

* * *

            The Senate unanimously concurred in House amendments to Senate Bill 303, which would increase numerous fees that constables can charge for various civil and criminal judicial services.

            The measure also, in some cases, enables a constable to be accompanied by a second constable. In addition, the bill allows for the pre-payment of fees in landlord-tenant actions.

            The bill now goes to the governor.

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            The Senate unanimously approved Senate Bill 1205, which would amend the Domestic Relations Code to enable insurers to intercept personal injury or Workers’ Compensation awards of  $2,500 or more if the claimant is behind on his or her child support payments.

            The bill now goes to the House.

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            The Senate voted unanimously to approve House Bill 248. This bill would provide additional funds to the State Highway Transfer Program, also known as the Turnback Program.

            This legislation would increase the annual maintenance payment to $4,000 per mile. The Pennsylvania State Association of Township Supervisors supports this legislation, and the Department of Transportation believes that the additional revenues provided from the state Oil Franchise Tax will cover this increase in funds provided to local municipalities. The bill now heads to the House for its concurrence in Senate amendments.

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            The Senate voted unanimously to approve House Bill 2468. This is the Highway Capital Budget itemization bill.

           The total authorization for the highway capital projects itemized in House Bill 2468 and to be constructed by the Department of Transportation and financed from current revenues of the Motor License Fund is $1.6 billion.

           Additional projects totaling $57,362,000 were added in the Senate Appropriations Committee.

            The bill now heads to the governor.

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            The Senate voted unanimously to concur in House amendments to Senate Bill 601. This bill would provide that no individual or entity (including state agencies) would be allowed to post publicly a person’s Social Security number, print it on an identification card, require its transmission over an unencrypted Internet connection, require its use for accessing an Internet site, or send it through the mail (except as required by state or federal law). The bill now heads to the governor.

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            The Senate voted unanimously to approve Senate Bill 812, which would shorten the amount of time that unclaimed property can be held by banks, corporations and others before it is turned over to the state’s Unclaimed Property Bureau in the Treasurer’s Office.

            Under the bill, the period for holding unclaimed property such as bank accounts, stocks, and various proceeds would be shortened from 7 to 5 years. The time period for  tangible property would change from 3 to 1 years.

                       The bill now heads to the House.

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