Senate of Pennsylvania

SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF
June 26, 2006

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            The state Senate this week approved a $26 billion state 2006-2007 fiscal year General Fund Budget that Democrats described as “strong on tax cuts, school funding and support for health care.

            The Senate approved the budget, House Bill 2499, by a 28 to 21 vote.  All Democrats supported the budget.  Most Republicans opposed the measure, despite the spending plans tax cuts, strong support for education and investment in health care for children. 

           The spending plan holds the line on individual taxes, while slashing various business taxes by $118 million over the next year.

            The measure also funds the governor’s proposed “Cover-All-Kids” health care initiative. The Democrat-sponsored initiative is aimed at providing health insurance coverage (CHIP) to thousands of Pennsylvania’s children.

            In a pair of omnibus tax code bills (SB30 and HB 859), the budget included millions in tax cuts for businesses and individuals.

            Among some of the business tax cuts included in spending plan were:

  • Expansion of the Research and Development Tax Credit from $30 million to $40 million annually. The set aside for small business will increase from $6 million to $8 million;

  • Expansion of the Education Improvement Tax Credit by $10 million to $54 million;

  • Acceleration of the Capital Stock and Franchise Tax by 0.1 mill, which allows the rate to drop to 3.89 mills; and

  • Net Operating Loss provision expanded from $2 million to $3 million.

            The budget also spurs a greater investment in schools by adding an unprecedented $720 million in education funding, including a 5.87 percent basic education subsidy hike. No school district statewide will receive less than 3.5 percent.

            Democrats said the General Fund budget is fiscally prudent and restrains discretionary spending at 1.8 percent of the 5.8 percent expenditure increase.

            In a legislative rarity, many Democrats – even though they favored the Budget plan -- initially voted against the conference committee report after Republican negotiators reneged on an agreement to strengthen the state’s gaming law. As a result, the budget was initially voted down 35 to 14.  The vote was reconsidered and adopted. 

            The governor signed the budget into law as Act 2A of 2006.

 

* * *

 

        After years of effort, Senate Democrats managed to push a plan that increased the state’s minimum wage.  Senate Bill 1090, passed 38-11, calls for increases that will eventually bring Pennsylvania’s minimum wage to $7.15 an hour.  However, employers with fewer than 10 employees will be permitted to pay a rate that rises more slowly.

            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 bill was enacted as Act 112 of 2006.

 

* * *

 

            The Senate passed House Bill 700 unanimously.  The bill, also known as the Lobbying Disclosure Act, would set forth procedures for the registration of lobbyist, principals and lobbying firms and the reporting of lobbying activity primarily by principals.

            The bill is now in the House.

 

* * *

 

            The Senate unanimously passed Senate Bill 1188.  The measure would relieve pharmacy costs for as many as 420,000 older Pennsylvanians by amending the State Lottery Law Act adding language in regards to the new Medicare Part D program and Medicare Advantage Prescription Drug Plan.  The new language adds a subchapter that specifies coordination of Federal and State benefits.  It also depicts how an enrollee will be covered under PACE or PACENET combined with Medicare Part D.

            PACE Plus Medicare is the nation’s most comprehensive prescription assistance program for older adults and will help an additional 120,000 Pennsylvania seniors buy prescriptions. Out-of-pocket expenses for Pennsylvania’s seniors will be lower than in any other state. At least 22 states offer prescription assistance programs, but Pennsylvania is the only state to retain the same level of benefits. Under PACE Plus Medicare, older Pennsylvanians will pay, on average, about $2,000 less than seniors in states that do not offer a similar benefit program.

            The measure now goes to the governor.

 

* * *

 

            The Senate voted 47-2 in favor of legislation that will amend the Fiscal Code and temporarily boost the amount of loans authorized under the Local Government Capital Project Loan Fund.

            The conference committee amended the conference report on House Bill 1992 to include language implementing the budget agreement. These provisions, which are typically included in the actual budget legislation, were incorporated into a separate bill this year to avoid a repeat of last year’s showdown with the governor over his line-item veto of Medicaid waver language. 

            (Twenty-one states already receive this type of waiver that allows low-income women who would not normally qualify for Medicaid to receive family planning services through any Medicaid provider. The Medicaid family planning waiver would enable Pennsylvania to receive $9 from the federal government for every $1 of state funds spent and would result in millions of dollars saved each year.)

            This year, pro-life legislators were privately advocating for language that would have made it more difficult for family planning service providers to obtain their share of state funding through the women’s medical services appropriation. The traditional deal on family planning funding dates back to the Casey administration and requires a 50-50 split between clinics similar to Planned Parenthood and crisis pregnancy centers that encourage alternatives to abortion. The deal also requires funding recipients to maintain physical and financial separation between projects receiving state funds and any portion of their organization that provides abortion counseling or abortions. Under this agreement, no state funds go toward abortions or abortion counseling.

            Family planning service providers had concerns that pro-life legislators would attempt to go beyond the parameters of this deal and take away all funding for family planning projects. These organizations estimate that each year 85,000 low-income women receive health services (including examinations, disease testing, non-invasive contraception, even diabetes screenings) through their state appropriation.

            The final version of House Bill 1992 included language codifying the existing deal and extending the separation provision to include family planning service providers funded through the Medicaid waiver. Family planning service providers agreed to the language after a sunset provision was included, voiding the deal if pro-life legislators attempted to remove the women’s medical services appropriation or prevent the state from obtaining the Medicaid waiver in the future.

            House Bill 1992 also included the following provisions as part of the budget agreement:

  • Only 20 percent of grants awarded under the Housing and Redevelopment Assistance Law may be allocated to one political subdivision

  • The state appropriation for the State Board of Vocational Rehabilitation includes $2.6 million to establish a statewide association to provide services to the blind

  • Parents of “loophole” children – disabled children who receive Medicaid services because parental income is not considered for eligibility under Pennsylvania law – are required to provide information about their family size, household income, county and length of residence, insurance information, diagnosis and cost of services received (the average cost to the state is around $10,000 per child for these wrap-around services)

  • The Department of Public Welfare is required to submit a report to the General Assembly on these “loophole” children

  • The Department of Public Welfare is prohibited from applying for a federal waiver or taking any other action to remove the prescription drug benefit offered under HealthChoices (the state Medicaid managed-care plan)

  • Funds appropriated through the Temporary Assistance to Needy Families child welfare transition line item (which had been considered for cuts) are authorized to be provided as one-time grants to county children and youth agencies that are facing shortfalls as the federal government withholds funds for foster care programs

  • State Police are prohibited from closing a barracks without holding a public hearing and providing 30 days notice, in the Pennsylvania Bulletin and two local newspapers

  • If the state expects another Medicaid shortfall for the next fiscal year, the Budget Secretary is required to notify the legislature by May 15, 2007 and permitted to transfer up to $290 million from the Rainy Day Fund to make sure payment obligations are not deferred

  • Changes to the Tobacco Settlement Fund made in last year’s budget are continued for this fiscal year, but the governor’s Jonas Salk Legacy Fund proposal, which would have securitized a portion of the state’s tobacco monies, is not included

  • Startup appropriations to the State Gaming Board (and associated appropriations to the Revenue Department and State Police) are extended for another year, to lapse on June 30, 2007 and to be repaid from slot machine licensees’ payments.

           The bill was signed into law as Act 66 of 2006.

 

* * *

 

            The Senate unanimously passed House Bill 30, which will set up payment plans for children of fatally injured workers if the children are living with different guardians.  Under the law, if there is no surviving widow, compensation would be divided equally among all children, if they are with different guardians.  If there is a surviving widow, compensation would be divided as follows:

          If there is a widow/widower who is guardian of all the deceased’s children

  • One child – 60 percent of the deceased’s wages

  • Two or more children - 662/3 percent of the deceased's wages

            If there is a widow/widower who is not the guardian of all the deceased’s children –

  • One child – 60 percent of the deceased’s wages, to be divided between the widow/widower and the child

  • Two or more children – 66 2/3 percent of the deceased’s wages, to be distributed with 33 1/3 percent to the widow/widower and the remainder divided among the children. 

            The bill was signed into law as Act 68 of 2006.

 

* * *

 

            The Senate unanimously passed House Bill 247.  The measure will amend the Health Care Facilities Act to provide for definitions of activities of daily living (ADL), home care agency, home care registry, inspection, and instrumental activities of daily living (IADL).  In addition, the definition of “home health care agency” is amended to cover services provided in the consumer’s place of residence or “other independent living environment.”

            It will also amend the act regarding licensure training and experience and establishes certain consumer protections and provides for inspections.

            The measure was signed into law as Act 69 of 2006.

 

* * *

 

            The Senate passed House Bill 1195 with a unanimous vote.  The measure would amend the Storage Tank and Spill Prevention Act by expanding the eligibility for the Underground Storage Tank Pollution Prevention Program, providing for Underground Storage Tank Indemnification Fund and for the Underground Storage Tank Environmental Cleanup Program.

            The bill now goes to the Governor.

 

* * *

 

           The Senate unanimously passed House Bill 1320.  The measure will amend Title 30 (Fish) to prohibit the transporting, selling, importing or releasing of non-native injurious fish in addition to the snakehead fish in the Commonwealth. Anyone found to be in violation of this section shall commit a misdemeanor of the third degree.

            The measure was signed into law as Act 75 of 2006.

 

* * *

 

            The Senate unanimously passed House Bill 1326.  The measure will establish the At-Risk Elderly Wireless Emergency Telephone Program, conferring powers and duties on the Department of Aging and providing additional powers to the Area Agencies on Aging.

            The program will provide each local Area Agencies on Aging (AAA) the opportunity to enter into a public-private partnership with wireless telecommunications carriers to provide at-risk elderly person with immediate access to 911 emergency services, as well as the prospective protective services unit.

            The measure was signed into law as Act 76 of 2006.

 

* * *

            The Senate passed House Bill 1528 with a unanimous vote.  The bill will amend Title 3 (Agriculture) by requiring any person who wants to be a taxidermist to register with the Department of Agriculture.

            The bill was signed into law as Act 77 of 2006.

 

* * *

 

            House Bill 1641 was passed in the Senate unanimously.  The measure will clarify the process for marine businesses to acquire the rights to abandoned boats and watercraft trailers that are left at their businesses. Marine businesses must place a lien on a boat or other equipment for the owner’s balance due to the business. If the owner does not claim possession within 30 days of the terminal date then the marine business may choose to have all rights and title transferred to the business.

            The bill was signed into law as Act 79 of 2006.

 

* * *

 

            The Senate unanimously passed Senate Bill 63.  The measure would require caseworkers at county Children and Youth agencies to include photo identification of each child from a family that maintains a case record.  Additionally the legislation requires that the photo is included upon the transfer of the record to another jurisdiction.  This bill also would provide for an exception to the oral examination for marriage licenses for service members. The exception is if an applicant is unable to appear in person because of his active military service, then he or she shall be permitted to forward and affidavit to the issuing authority.

            The measure now goes to the House.

 

* * *

 

 

            Senate Bill 82 was passed by the Senate with a unanimous vote.  The measure will be known as the American, Commonwealth and Military Flag Act and would provide for the display of the American, Commonwealth and military flag as follows:

  • An association may not prohibit the outdoor display of one American flag, Commonwealth flag and military flag, by a unit owner on that unit owner’s property or property within the exclusive control of a unit owner or that portion of an exterior wall directly attached to the unit. 

  • A cemetery entity may not prohibit the outdoor display of one American flag, Commonwealth flag and military flag on lots if the American flag is displayed.

  • An association and cemetery entity may adopt rules and regulations regarding the placement and display of a Commonwealth flag or military flag and regarding the locations, size and use of a flagpole. 

  • Any rules and regulations adopted by the association and cemetery entity regarding the display of a military flag must permit the flying of such flags, in a respectful way. 

  • Nothing in this act would preclude a lot owner, or his heirs or assigns, from limiting or prohibiting the display of an American flag, Commonwealth flag or military flag on a lot.

            The measure was signed into law as Act 93 of 2006.

 

* * *

 

            The Senate passed Senate Bill 868 with a 49-1 vote.  The bill will increase the payment instead of taxes for forestlands owned by the Commonwealth.

           The bill was signed onto law as Act 102 of 2006

 

* * *

 

            The Senate unanimously passed Senate Bill 1262.  The bill would amend Title 30 (Fish) by further providing for chemical testing to determine amounts of alcohol or controlled substances and for operating a watercraft under the influence of alcohol.  The legislation would amend Title 30 (Fish) by changing the blood alcohol content from .10% to .08% making it consistent with the Vehicle Code.

            The bill also provides for aggravated assault by watercraft while operating under the influence. Any person who negligently causes bodily injury to another person as the result of operating a watercraft under the influence and is convicted would commit a felony of the second degree.

            The bill is now in the House.

 

* * *

 

            The Senate passed Senate Bill 1244 with a unanimous vote.  The measure would amend Title 34 (Game) by removing part of section 902 pertaining to the powers and duties of retired wildlife conservation officers, retired waterways conservation officers, state park rangers and state and municipal police officers to issue citations and violations. Active State or municipal police officers would exercise all powers and duties given to deputy Game Commission officers.

            The bill is now in the House.

 

* * *

 

            The Senate passed Senate Bill 1230 with a vote of 29-21.  The measure would amend the Gaming Code to delete all provisions relating to “supplier and supplier licenses” and for law enforcement agency grant.

            A section would be added to the legislation for the purpose of establishing in the State Treasury a special fund to be known as the Attorney General and Local District Attorney’s Grant Fund. 

            The measure is now in the House.

 

* * *

 

            The Senate unanimously passed House Bill 2802, exempting public school teachers from certification as sign language interpreters as long as they otherwise comply with Department of Education requirements.  The bill was signed into law as Act 92 of 2006.

 

* * *

 

            The Senate unanimously passed House Bill 2627, making minor working changes to a previous law that boosted death benefits for emergency responders.  The change clarifies retroactivity of the law.  The bill was signed into law as Act 89 of 2006.

 

* * *

 

            County sheriffs and deputies will be eligible for benefits under the Enforcement Officer Benefits Law under Senate Bill 243, to which the Senate unanimously concurred in House amendments.  Currently, state police, liquor enforcement officers, Capitol police and other state law enforcement officers are eligible.  The bill was signed into law as Act 95 of 2006.

 

* * *

 

            The Senate unanimously concurred in House amendments to Senate Bill 1179, exempting residential coal-fired boilers from Uniform Construction Code requirements.  The bill was signed into law as Act 108 of 2006.

 

* * *

           

            The Senate unanimously approved Senate Bill 439, which would create a consistent statewide assault evidence collection program. 

            Currently, the procedures for collecting evidence in sexual assault offenses varied from location as well as facilities.  Under Senate Bill 439, evidence collection would be the same statewide.  The legislation would also standardize the testing and approval of rape kits used in health care facilities and child advocacy centers. 

            The bill now goes to the House for consideration. 

 

* * *

 

            The Senate unanimously approved Senate Bill 332, which will amend the Adoption Act to standardize the procedures for the filing of a foreign adoption decree.  In addition, the adoptive parent will not need to go through a formal hearing or obtain counseling to adopt a child.  

            Previous foreign adoption procedures varied between counties, which resulted in burdensome costs and paperwork.  Under the bill, the adoptive parents will file an authenticated copy of the decree of adoption and a form of birth identification with their county’s clerk of courts.

           Once the court finalizes the adoption, no formal hearing or counseling will be necessary.  In addition, the court will enter the adoption on the record, issue a certificate of adoption and send documentation to the Bureau of Vital Statistics.  The court will also be required to develop a standard petition, court order and instructions for occasions when a child must be readopted to finalize foreign adoptions.  Any documentation filed with the court will be maintained by the court as a permanent record, and kept confidential absent a court order. 

            Senate Bill 332 was signed into law as Act 96 of 2006.

 

* * *

 

            By a unanimous vote, the Senate passed Senate Bill 506, which would update and consolidate various freestanding statutes concerning prisons and probation and parole under Title 61. Obsolete laws and sections, some dating back nearly two centuries, would be deleted. The bill now goes to the House.

 

* * *

 

            The Senate unanimously passed Senate Bill 557, which would expand and clarify the provisions prohibiting contraband in the Crime Code. 

            The legislation would increase the grading from a first-degree misdemeanor to a second-degree felony if someone delivers a weapon, implementation of escape or supplies dangerous material such as explosives to an inmate or confined patient.  

            Senate Bill 557 would also define the classes of inmates as any person detained or incarcerated in a correctional institute, mental hospital, youth development center, and youth forestry camp.

            The bill now goes to the House. 

 

* * *

 

            The Senate unanimously passed House Bill 456, which will amend the Crimes Code to authorize the forfeiture of property used for terrorist activities. 

            The legislation adds a section that will authorize forfeiture to the Commonwealth of all possessions of the organization or individual engaged in an act of terrorism.  Depending on which enforcement agency was involved in the prosecution, all surrendered property will go directly to the office of the Attorney General or to the local district attorney.  

            The bill was signed into law as Act 71 of 2006

 

* * *

 

            The Senate passed House Bill 1746 by a vote of 47-2. The measure will amend the Judicial Code to increase court fees in Philadelphia.

            Under the bill, the prothonotary fees in Philadelphia could increase by up to 8 percent.  Fees will also be increased for the Philadelphia municipal court. There would be a $5 charge for every commencement of action and for every defendant’s first filing fee, as well as a 20 percent surcharge on all filing fees charged by the Philadelphia prothonotary.  The Philadelphia prothonotary, with the approval of the president judge, will have the opportunity to increase fees every three years. 

            The bill was signed into law as Act 81 of 2006.

 

* * *

 

            By a vote of 47-2, the Senate passed House Bill 2328, which amends the Crimes Code to increase the maximum fines and costs for criminal offenses. 

            The amendment would increase maximum fines for criminal offenses to provide reimbursement for counties for the state’s share of the salaries of full time district attorneys. The Pennsylvania Commission on Sentencing would establish guidelines for fines and other lawful economic sanctions in criminal cases.  

            The bill now goes to the Governor for final passage. 

 

* * *

 

 

            The Senate unanimously passed House Bill 2425, which will provide requirements for the valid recording of documents.  

            The bill deals with the recording of deeds and other documents related to real property.  It requires that a properly recorded document should not contain constructive notice to a subsequent purchaser unless, for other counties that utilize the uniform parcel identifier system, the uniform parcel identifier is endorsed or included on the document. 

            These changes may not make any recording officer or political subdivision liable for any mistake in any index.   

            The bill was signed into law as Act 86 of 2006

 

* * *

 

            The Senate unanimously passed Senate Bill 660, which makes numerous changes to the Probate, Estates, and Fiduciaries Code to codify the Uniform Trust Code. The measure will also abolish the rule against perpetuities. The bill was signed into law as Act 98 of 2006.

 

* * *

 

            The Senate unanimously passed Senate Bill 775, which will amend the Interstate Compact for the Supervision of Adult Offenders to require that certain offenders pay an application fee of up to $150.

            Under the measure, individuals who want to transfer their supervision from Pennsylvania to another state under the compact will be assessed the fee. 

            The legislation will amend the Interstate Compact for the Supervision of Adult Offenders Act by adding the Interstate Compact for the Supervision from Pennsylvania to another state under the compact.

            The bill was signed into law as Act 100 of 2006.

* * *

 

            By a vote of 50-0, the Senate passed Senate Bill 1115, which would amend the “Controlled Substance, Drug, Device, and Cosmetic Act” to include the definition of a precursor substance.

            It would be an offense to transport ammonia gas with the purpose to illicitly manufacture a controlled substance. Also, it is a crime to possess a precursor substance with the objective to unlawfully manufacture a controlled substance. The bill is aimed at curbing the growing production of illegal drug methamphetamine.

            The bill now goes to the House.

 

 * * *

 

            The Senate unanimously passed Senate Bill 1116.  The measure amends the Controlled Substance, Drug, Device and Cosmetic Act by adding clauses stating the sale at retail of any product containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers is prohibited.

            This bill is now in the House.

 

* * *

 

            The Senate unanimously approved Senate Bill 1117, which would amend the Criminal Code by adding a section making it a crime to operate a methamphetamine laboratory. 

            The legislation would make it illegal to knowingly cause a chemical reaction involving ephedrine, pseudoephedrine or phenylpropanolamine or any of their salts, optical isomers or salts of optical isomers for the purposes of manufacturing methamphetamine or preparing a precursor substance for the manufacture of methamphetamine. Violators would be subject to second-degree felony.

           Also, if the offender operates a “meth” lab near a school, daycare center, recreation center or playground, the offense would be upgraded to a first-degree felony.

            The bill now goes to the House.

 

* * *

 

           The Senate unanimously approved Senate Bill 1118, which would amend the Controlled Substance, Drug, Device and Cosmetic Act to make it a violation to knowingly possess various salts and optical isomers including, ephedrine, pseudoephedrine or phenylpropanolamine for the intention of manufacturing methamphetamine. 

            Under the bill, violators would be subject to up to six months and a fine of up to  $10,000. In addition, a conviction for a second or subsequent offense could result in imprisonment up to two years and a fine of up to $25,000.

            If there is proof that a person is in possession of more than 40 grams or 15 packages, the measure establishes a rebuttal presumption that the person is acting with the plan to manufacture meth.

            The bill now goes to the House for consideration.

 

* * *

 

            The Senate unanimously approved Senate Bill 1119, which would amend the Controlled Substance, Drug, Device and Cosmetic Act to require reimbursement to law enforcement for the costs of cleaning up environmental hazards associated with the operation of a methamphetamine laboratory.

           Under this bill, a person convicted of operating a methamphetamine lab or the use of a precursor substance to manufacture methamphetamine would be required to reimburse the appropriate law enforcement agency for the costs of cleaning up the environmental hazards associated with the operation of such a lab.

            The bill now goes to the House.

 

* * *

 

            The Senate unanimously approved Senate Bill 1120, which would increase the penalty for operating a methamphetamine lab while children are present.

            Under the proposed change to the Crime Code, it would be a third degree felony to operate a math lab if a child under the age of 18 is present within the immediate facility.

            The bill now goes to the House.

 

* * *

 

            The Senate unanimously agreed upon Senate Bill 1121, which would provide for a program to address the illicit manufacture of methamphetamines in underground laboratories.  This act would be known as the Meth Watch Program Act.

            The bill is now in the House.

 

* * *

 

            By a 49-0 vote, the Senate approved Senate Bill 583, which would ban any person convicted of arson under any federal or state law from serving as a volunteer firefighter or a paid firefighter.  The bill would also prohibit any such person from being certified as a firefighter under the State Fire Commissioner Act.

            The Democratic-sponsored legislation also expands the scope of persons who can be found guilty of endangering the welfare of children to include supervisors, employers and persons who prevent or interfere with the reporting of child abuse.

            The bill now goes to the House for consideration.

 

* * *

 

            The Senate voted unanimously in favor of Senate Bill 1043This bill further provides for the exemption of tuition costs and fees for children and spouses of deceased soldiers.

            This waiver will apply to all Pennsylvania State-owned colleges, universities, approved trade schools, State-related institutions of higher learning or community colleges in the Commonwealth for a period not exceeding eight semesters or four years, whichever is greater. 

            A spouse will be eligible for a waiver of tuition costs and fees for a period not exceeding ten years from the date the member is killed or dies or until the spouse remarries, whichever occurs first.

            The bill was signed into law as Act 105 of 2006.

 

* * *

 

            The Senate voted unanimously in favor of House Bill 2437.  This bill will increase education grants for part-time students enrolled in the National Guard’s College Tuition Assistance Program. 

            Part-time students will automatically receive financial need and would have to pay either half of their tuition or one-third of the tuition charged to a Pennsylvania resident going to a state school, whichever is lower.

            The bill was signed into law as Act 87 of 2006.

 

* * *

 

            The Senate voted 48-1 in favor of Senate Bill 865.  This bill would establish a domestic animal premises registration program, which would require registration of property where domestic animals are kept.

            The bill now goes to the House.

 

* * *

 

            The Senate passed House Bill 509 unanimously.  The bill will amend the Public School Code to have the schools’ governing body determine if campus police who have completed firearms training will be allowed to carry a firearm in the course of duty.

            The bill was signed into law as Act 73 of 2006.

 

* * *

 

           The Senate unanimously approved House Bill 801 which will amend the Administrative Code to provide for fees charged by the Insurance Department. The Insurance Department would be authorized to charge fees for insurance companies, associations or exchanges based on a per thousand dollar value with a $15.00 dollar minimum charge.

            It will also authorize and direct the Department of Health to establish a Cervical Cancer Task Force to evaluate and make recommendations for education and prevention of cervical cancer.

            The bill was signed into law as Act 74 of 2006.

 

* * *

 

            The Senate voted unanimously in favor of House Bill 2376, which will amend the Liquor Code and prohibit the sale or purchase of alcohol vaporizing devices.  An alcohol vaporizing device is similar to an inhaler used for asthma patients but it vaporizes alcohol into a spray and mixes with oxygen. 

            This legislation will also require a city of the first class to acquire a permit from the board every two years to be allowed to continue to sell malt or brewed beverages.

            The bill was signed into law as Act 84 of 2006.

 

* * *

 

            The Senate voted unanimously in favor of House Bill 2383 to amend the Liquor Code requiring the Bureau of Alcohol Education to make reports to the General Assembly biennially concerning underage drinking in college and what can be done to detract it.   

            The bill also grants the opportunity for establishments within a dry municipality to receive a special occasion permit that would allow the sale of alcohol.  This bill will also change the definitions of public hearing and public notice when relating to the Liquor Code.

            This bill was signed into law as Act 85 of 2006.

 

* * *

 

             The Senate unanimously passed House Bill 2441, which will amend the Procurement Code to create a chapter entitled Electronic Bidding by Local Government Units.  This chapter will allow local governments to receive electronic bids for contracts for supplies and services as long as they can ensure confidentiality of bids during the bidding process. 

            The bill was signed into law as Act 88 of 2006.

 

* * *

 

            The Senate voted 45-4 in favor of House Bill 2545 that would amend Title 53 (Municipalities Generally).  This bill would develop and implement an affirmative action plan when referring to taxicab and limousine services that would ensure equality when hiring.

           This bill would also give taxicabs and limousine services not located in a city of the first class the opportunity to service that city without being subject to any regulatory requirements of that particular city.

            This bill now goes to the House.

 

* * *

 

           The Senate unanimously approved Senate Bill 655 which would amend the Engineer, Land Surveyor and Geologist Law to further develop the terms “engineer” and “engineering” as they relate to the licensing and registration of persons practicing engineering.

            The bill also adds a section that would provide for continuing professional engineering and professional land surveying competency requirements.

            The bill now goes to the Governor for consideration.

 

* * *

 

           The Senate unanimously approved Senate Bill 707, which will amend the Cosmetology Law.  The amendment will create four limited licenses, all of which would require a set amount of hours and a passing grade on an exam.  The four levels are Esthetician, Hair Technician, Nail Technician, and Natural Hair Stylist. 

            This bill was signed into law as Act 99 of 2006.

 

* * *

 

            The Senate unanimously passed Senate Bill 809 which will amend the Second Class Township Code.  This bill will increase the number of hours an auditor can be compensated for while attending a conference, institute, school or convention dealing with the duties of their employment.

            The bill will also allow township supervisors to be compensated when they’re required in court, attend a county supervisor association meeting or a State Association of Township Supervisors.

            The bill was signed into law as Act 101 of 2006.

 

* * *

 

           The Senate unanimously approved Senate Bill 896The bill provides for unlawful acts under the Telemarketer Registration Act. This bill adds the act of conducting telemarketing through a collect call to a consumer as a prohibited act.

            The bill is now in the House.

 

* * *

 

            The Senate passed Senate Bill 1000 by a vote of 36-14.  This bill regulates home improvement contracts and the registration of contractors who own and operate a home improvement business or who performs any home improvement. 

            The bill is now in the House.

* * *

 

           The Senate unanimously approved Senate Bill 1104.  The measure amends the Underground Utility Line Protection Law for the purpose of reestablishing the current law that is scheduled to end on December 31, 2006.

             This bill sets a new ten-year expiration date of December 31, 2016, for the Underground Utility Protection Act.  The bill would also increase penalties for non-compliance to the act.

             This bill is now in the House.

 

* * *

 

            The Senate unanimously approved Senate Bill 1158.  The measure would create the Residential Visitability Design Tax Credit Act.  It would enable local taxing jurisdictions to offer up to $2,500 in tax credits over a five-year period on the increase in property taxes that is associated with the increase in value related to the addition of visitable design features in new and renovated homes. 

            Visitability features that would qualify for the tax credit include entrances with no steps, wider paths to the house, and light switches that are 48 inches from the ground to provide for individuals to reach more easily.

            This bill is now in the House.

 

* * *

 

           The Senate voted unanimously to approve House Bill 804, which makes several amendments to the state Vehicle Code.

            Earlier in the week, the Senate had voted 42-7 on an earlier version of the bill, which included a provision that would have prohibited drivers from using a handheld cell phone. While this would have been a secondary offense (similar to Pennsylvania’s seatbelt law), the House stripped the language from the final version of the bill.

            The final version included tougher penalties for attempting to elude a police officer and a change that would make it a separate offense for each child left unattended in a vehicle. This bill would also establish an electronic titling program (currently a pilot project) in statute and require all vehicle financers to participate by 2007.

            This legislation also would permit the Philadelphia Parking Authority to levy an additional $1 fee on tickets to go toward the Philadelphia Taxicab and Limousine Regulation Fund. This bill would also amend the requirement that the Parking Authority provide written notice to vehicle owners whose registrations will be suspended for unpaid tickets. Under current law, the notice must be mailed by certified mail, return receipt requested. With this bill enacted, the Parking Authority would be required to send the notice by first-class mail.

            In addition, this bill would require drivers to change lanes, if possible, when passing an emergency scene. Current law requires drivers to slow down. This bill would also increase the maximum fine for this type of violation to $250 and permit a 90-day license suspension if a violation results in serious injury to another person. The state Department of Transportation would be required to take steps to educate the public about this change the law.

            The bill now heads to the governor for his approval.

 

* * *

 

            The Senate voted unanimously to approve legislation that will permit motorcycle owners to add auxiliary lighting (including blue dot illumination, standard running lights, and LED strips) to their bikes to enhance their visibility and protect themselves (House Bill 901).

            The governor signed this legislation into law as Act 50 of 2006.

 

* * *

           

            The Senate voted unanimously to approve House Bill 1725, which amends the Local Tax Collection Law. Under this bill, a local tax collector could be recertified as a “qualified local tax collector” if he completes six hours of continued education each year.

            This bill will also address the issue of tax collectors retaining records. Under this legislation, a tax collector would be required to maintain tax collection records in his possession, but he will not be subject to provisions of the state Right-to-Know Law. Former tax collectors will be required to return all records and copies to the taxing district within five years of their last year in office.

            Lastly, this bill will require tax collectors to mail a notice to all delinquent real estate taxpayers. Under current law, a tax collector is required to mail notice only to those delinquent taxpayers that he suspects may be over the age of 60.

            This bill was approved as Act 80 of 2006.

 

* * *

            The Senate voted unanimously to approve House Bill 1928, which would permit up to three modular home undercarriages to be stacked and transported on state highways. Senate Democrats successfully amended this legislation to add a provision that would benefit domestic steel producers, by permitting the transit of a “hot box” (a machine used in the manufacture of steel) on state roads, but not interstate highways.

            The bill has been sent to the governor.

 

* * *

 

            The Senate voted unanimously to approve House Bill 2295, which creates a new specialty license plate for recipients of the Korean Defense Service Medal. Authorized by Congress in 2002, this medal is awarded to service members who have served in support of the defense of the Republic of Korea from 1954 to present. They must have flown sorties, been engaged in combat, or been wounded or injured in the line of duty.

            The bill was signed into law as Act 82 of 2006.

 

* * *

 

            The Senate voted unanimously to approve the Billion Dollar Bridge Bill Supplement, which authorizes the construction, repair, and reconstruction of state and local bridges across the commonwealth. The total amount for the projects itemized in Senate Bill 874 will be a little over $2.1 billion.

            The bill was approved as Act 103 of 2006.

 

* * *

 

            The Senate voted unanimously to approve Senate Bill 993, which would amend the Tax Reform Code to consolidate the tax appeals process for corporations in Pennsylvania.

            The bill now heads to the governor.

 

* * *

 

            The Senate voted unanimously to approve Senate Bill 1148, which would permit surviving spouses of fallen police officers in Pittsburgh to continue to receive pension benefits if they decide to remarry. Similar legislation was recently enacted for Philadelphia police officers.

            The bill now heads to the House.

 

* * *

 

            The Senate voted unanimously to approve Senate Bill 1218, which would amend the Unfair Trade Practices and Consumer Protection Law to exempt Internet service providers from being held liable for unknowingly transmitting false advertising. Similar protections already exist for newspapers and other publications.

            The bill now heads to the House.

 

* * *

 

            The Senate voted unanimously to approve Democratic-sponsored legislation that would enable the Port of Pittsburgh Commission to serve as the sponsoring agency for an economic development project in Blair County. Senate Bill 1242 would add Blair to the port district, which currently includes Allegheny, Armstrong, Beaver, Butler, Clarion, Fayette, Greene, Indiana, Lawrence, Washington, and Westmoreland.

 

            The bill now heads to the House.

* * *

 

            The Senate unanimously passed a bill that would allow consumers to protect themselves from identity theft by putting a “freeze” in further credit applications.  Senate Bill 180 requires credit reporting agencies to provide a way either by mail or secure Internet connection to allow consumers to:

  • Place a freeze on the consumer report within 5 days;

  • Notify the individual in writing with 10 days confirming receipt of the request;

  • Provide the individual with a personal identification or password to be used when providing access to their report or to remove the security freeze;

  • Provide the individual with the process of lifting or removing the security freezes.

           The bill now goes to the House.

 

* * *

 

            The Senate concurred unanimously in House amendments to Senate Bill 300, creating medical and health savings accounts and exempting contributions from Pennsylvania income taxes.  The bill exempts contributions to a health savings account (HSA) from the personal income tax; transfers all current state income tax exemptions applicable to HSAs and Archer Medical Savings Accounts (MSAs) from their current acts to the Tax Reform Code; and repeals the tax-related sections of those current acts.

            The bill was signed into law as Act 67 of 2006.

 

* * *

 

            The Senate unanimously concurred in amendments to House Bill 1632, providing protections for victims of abuse by ensuring that insurance companies shall pay for damages caused by abuse. The definition of abuse was enlarged to include causing damage to property in order to intimidate or attempt to control the behavior of another person.  The bill was signed into law as Act 78 of 2006.

 

* * *

 

           The Senate unanimously passed House Bill 2542, clearing up ambiguities that led some lawyers and financial institutions to believe that all financial statements filed under the UCC’s old Article 9 may expire on June 30, 2006. The legislation allows Pennsylvania corporations to file a “continuation statement” allowing financing statements filed with the Department of State prior to July 1, 2001 to remain as legally effective documents.

             The bill was signed into law as Act 64 of 2006.

 

* * *

           The Senate unanimously concurred in House amendments to Senate Bill 651, extending by a year waivers to certain regulations for Pennsylvania libraries.  To receive state funding, libraries had to comply with certain conditions such as hours of operation.  Those requirements have been waived, year by year, for three years.  The bill was signed into law as Act 97 of 2006.

 

* * *

           

            The Senate unanimously passed a resolution to examine whether school district consolidation is the right idea for Pennsylvania. Senate Resolution 208 directs the Legislative Budget and Finance Committee to conduct a study as to whether consolidation of school districts at the county, intermediate unit or other level, would be cost effective and more efficient. 

            The Senate unanimously passed the following 2006-07 appropriations bills (percentage increase in italics); and the bills were signed into law as Acts 10A-32A:

  • House Bill 2504 – $327.7 million for Penn State University (5.03 percent)

  • House Bill 2505 - $164.6 million for the University of Pittsburgh (4.71 percent)

  • House Bill 2506 -- $169.5 million for Temple University (4.5 percent)

  • House Bill 2507 – $13.5 million for Lincoln University (4.5 percent)

  • House Bill 2508 -- $6.9 million for Drexel University (3 percent)

  • House Bill 2509 –  $49.1 million for the University of Pennsylvania, and $254,000 for the university’s museum (10.17 percent)

  • House Bill 2510 – $11.7 million for the Philadelphia Health and Education Corporation, and $861,000 for its pediatric services and handicapped children’s clinic (3 percent)

  • House Bill 2511 -- $9.8 million for Thomas Jefferson University in Philadelphia, and $59,000 for Tay Sachs Disease research (2.99 percent)

  • House Bill 2512 -- $6.5 million for the Philadelphia College of Osteopathy  (3.01 percent)

  • House Bill 2513 -- $1.8 million for the Lake Erie College of Osteopathic Medicine (3 percent)

  • House Bill 2514 -- $1.6 million for the Pennsylvania College of Optometry in Philadelphia  (3 percent)

  • House Bill 2515 -- $1.2 million for the Pennsylvania University of the Arts in Philadelphia (2.98 percent)

  • House Bill 2516 -- $1.4 million for Berean Training and Industrial School in Philadelphia (3.03 percent)

  • House Bill 2517 -- $193,000 for the Johnson Technical Institute of Scranton (3.21 percent)

  • House Bill 2518 -- $71,000 for the Williamson Free School of Mechanical Trades in Delaware County (2.9 percent)

  • House Bill 2519 –  $776,000 for the Fox Chase Institute for Cancer Research in Philadelphia  (0 percent)

  • House Bill 2520 –  $306,000 for the Wistar Institute in Philadelphia (0 percent)

  • House Bill 2521 –  $130,000 for the Central Penn Oncology Group in Hershey (0 percent)

  • House Bill 2522 -- $59,000 for the Lancaster Cleft Palate Clinic (20.41 percent)

  • House Bill 2523 – $418,000 to the Burn Foundation of Greater Delaware Valley (0 percent)

  • House Bill 2524 -- $970,000 to the Children’s Institute of Pittsburgh (0 percent)

  • House Bill 2525 -- $451,000 to the Children’s Hospital of Philadelphia (0 percent)

  • House Bill 2526 -- $105,000 for the Beacon Lodge Camp in Mt. Union (0 percent)

The Senate passed the following appropriations bills by a vote of 43 to 6.  The bills have been signed into law as Acts 33A-39A:

  • House Bill 2527 – $508,000 for the Carnegie Museum and Science Center in Pittsburgh (9.96 percent)

  • House Bill 2528 – $769,000 for the Franklin Institute Science Museum in Philadelphia (10.01 percent)

  • House Bill 2529 – $471,000 for the Academy of Natural Sciences in Philadelphia (10.05 percent)

  • House Bill 2530 -- $359,000 for the African American Museum in Philadelphia (10.12 percent)

  • House Bill 2531 -- $46,000 for the Everhart Museum in Scranton  (9.52 percent)

  • House Bill 2532 – $196,000 for the Mercer Museum in Doylestown (10.11 percent)

  • House Bill 2533 -- $141,000 for the Whitaker Center for Science and the Arts in Harrisburg (10.16 percent)

 

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