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Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR
THE WEEK OF |
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By a 49 to 1 vote, the Senate approved Senate Bill 1330, which would permit fire, police and other emergency service volunteers to solicit funds at roadway intersections. While it is currently illegal to solicit donations along roadways, the law is rarely enforced. The original bill would have permitted all registered charities, with local government approval, to solicit on roadways. Citing safety concerns, the bill was amended to limit roadway solicitation to emergency service personnel. The bill now goes to the House.
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The Senate unanimously approved an amended version of House Bill 1112, which would create the offense of “Trafficking of Persons.” Under the bill, it would be a first or second degree felony, based on the age of the victim, to recruit, entice, harbor, transport, or obtain another person into “forced labor or services.” If kidnapping or a sexual offense such as rape is involved, the maximum penalty is escalated to life in prison. Violators can also face offense-related forfeiture of property. The bill now returns to the House.
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In an effort to provide additional protection for victims of sexual assault, the Senate unanimously approved Senate Bill 553, which would establish the “Sexual Violence Victim Protection Act.” Under the bill, a victim could petition the court for protection from a defendant. The court would be required to hold an expedited hearing at which the plaintiff would need to prove the need for protection by a “preponderance of the evidence.” The defendant would have the right to legal representation. The court could ban the defendant from having any contact with the plaintiff for up to 18 months. Those who violate the order could face up to six months in prison and a fine of up to $1,000. The bill now goes to the House.
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The Senate unanimously approved an amended version of House Bill 2670 that would bring Pennsylvania into compliance with federal law by terminating parental rights if a parent kills, commits aggravated assault or solicits to commit such crimes against his or her child. The measure also permits the release of confidential information in child abuse investigation reports to certain federal agencies and a new citizen review panel. The panel, consisting of at least three citizens, would examine policies, procedures and practices of the child protective services system and review child fatalities and near fatalities. The bill would also require the Department of Public Welfare to provide quarterly reports to the Governor and General Assembly with the findings of each case of child abuse or neglect that resulted in a fatality or near fatality. The legislation now returns to the House.
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The Senate unanimously approved Senate Bill 628, which would update the state’s “Living Will” law to bolster efforts to carry out a patient’s wishes when they are terminally ill. Under the bill, a “do not resuscitate” order would transfer between facilities. The measure would also strengthen, clarify and provide oversight concerning a patient’s personal representative, create comprehensive health care powers of attorney, and clarify procedures concerning treatment uncertainties. The bill now goes to the House.
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The Senate passed Senate Bill 1095 with a unanimous vote. The measure would provide clarification that companies (businesses) seeking rail infrastructure improvements to gain access to the rail network would be eligible for grants under this act. Until a recent legal reinterpretation this was the practice of the Department. That recent legal interpretation has disallowed companies to be eligible for the funding. That reinterpretation, also, indicated that any project that cost more than $100,000 but less than $250,000 could not be awarded a Rail Freight Assistance Grant without “Capital Budget Authorization,” even though these projects would not be funded under the “debt authorization.” Language is now incorporated in the bill to allow funding under the Rail Freight Assistance Grant Program without incorporation in an itemized Capital Budget Bill. The measure is now in the House.
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The Senate passed House Bill 126 with a vote of 37-13. The measure would amend Title 71 (State Government) by further defining the term “alternative investment,” adding the term “alternative investment vehicle,” and would further provide for the administrative duties of the state employees retirement board by implementing limitations on information that is made public. The bill is now in the House.
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The Senate passed House Bill 1813 with a vote of 46-3. The bill would direct the Secretary of Budget to include in the Budget submission to the General Assembly for community mental health, community mental retardation, and early intervention services programs in the Department of Welfare the amount necessary to fund existing community-based mental health and mental retardation programs. The bill is now in the Governor’s office.
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The Senate passed House Bill 1902 with a unanimous vote. The measure would amend the “Municipal Waste Planning, Recycling and Waste Reduction Act” (Act 101 of 1988) to extend the sunset date for the recycling fee. Currently, this fee will sunset on January 1, 2009. The measure is now in the House.
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The Senate passed House Bill 2042 with a unanimous vote. The bill would amend Sections 602(b) and (c) of the Clean Streams Law by increasing the grading and penalties for negligent violations. The grading would increase from a misdemeanor of the third degree to a misdemeanor of the second degree, and penalties increase from imprisonment for a period of not more than one year to not more than two years. Also, this bill would remove the requirement that those individuals who are convicted and sentenced to imprisonment would be imprisoned in the county jail. The bill is now in the Governor’s office.
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The Senate approved House Bill 2185 with a vote of 44-4. The bill would amend The County Code by extending the time that a county controller has to submit its annual financial reports to the Department of Community and Economic Development from April 1 to July 1. It would also change the month that a county controller has to make a report of the receipts and expenditures as well as a full statement of the financial condition of the county that has been verified by oath or affirmation to the Court of Common Pleas from April 1 to July 1. The bill is now in the House.
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The Senate approved House Bill 2282 with a unanimous vote. The measure would amend the Tax Reform Code to exempt the PA National Guard on active state duty receiving emergency pay from the state income tax. The measure is now in the House.
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The Senate passed Senate Bill 157 with a unanimous vote. The measure would amend the Local Tax Enabling Act to further provide for the delegation of taxing powers and restrictions. The Senate Rules and Executive Nominations Committee stripped the House of Representatives version of language providing for the collection of the Emergency and Municipal Services Tax, which was being cited as the Local Services Tax, to avoid confusion with emergency fund-raising efforts by fire and ambulance companies. The bill now only provides under the section of the act that deals with an exception on sales of admission to places of amusement, an inclusion on the sales of admission to professional sporting events for a third-class city with a population between 105,000 and 105,500. The bill is now in a conference committee.
* * * The Senate approved Senate Bill 592 with a 38-12 vote. The bill would amend Title 24 (Education) by defining the term “alternative investment” and “alternative investment vehicle” and requiring the school employee’s retirement board to put limitations on information that is made public. The term “alternative investment” is defined as an investment in a private equity fund, private debt fund, venture fund, real estate fund, hedge fund or absolute return fund.“Alternative investment vehicle” is defined as a limited partnership, limited liability company or any other legal vehicle for authorized investments through which the system makes an alternative investment.The board shall not disclose information that would have a detrimental effect on an alternative investment or alternative investment vehicle to be acquired, held or disposed of by the fund or otherwise cause a breach of the standard of care or fiduciary duty. The bill is now in the House.
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The Senate passed Senate Bill 642 with a vote of 46-2. The measure would amend the Public School Code to set forth a process through which a school district may purchase land or buildings from a sitting school director. The measure now goes to the House.
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The Senate approved Senate Bill 647 with a unanimous vote. The bill would amend Section 1209 of the Public School Code to add certified registered nurse practitioners and physicians’ assistants to the list of professionals who can perform the physical tests needed by teachers in order to get their certification. The bill would also require the Department of Education to prescribe a method of submitting a set of fingerprints for new applicants to the FBI, in accordance with federal law. The measure now goes to the House.
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The Senate passed Senate Bill 808 with a unanimous vote. The bill would provide for long-term care patient access to pharmaceuticals and grant powers and duties on the State Board of Pharmacy. The purpose of this legislation is that patients, who have the ability to acquire lower cost drugs through the Veterans’ Administration, would have access to those drugs if they reside in a long-term care facility. A pharmacy within the long-term care facility would receive the lower cost drugs and repackage and re-label those drugs so they may be dispensed in unit doses to patients. The bill is now in the House.
The Senate passed Senate Bill 934 with a unanimous vote. The bill would establish the Medical Safety Automation Account and provide grants to implement medical safety automation systems. The medical safety automation program would provide grants to health care providers or to regional health information organizations to implement medial safety automation systems. The bill is now in the House.
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The Senate approved Senate Bill 1263 with a unanimous vote. The bill would amend the Fiscal Code regarding property presumed to be abandoned and unclaimed by a rural electric cooperative organized or qualified to do business here in Pennsylvania. At the discretion of the rural electric cooperative, the abandoned and unclaimed property would be retained and used if the property is used within the rural electric cooperative’s service territory for energy assistance, educational or civic purposes under a program adopted by the board of directors of the rural electric cooperative. The bill now goes to the House for approval.
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The Senate passed Senate Bill 1285 with a unanimous vote. The measure would amend Title 71 (State Government) by adding language that cleans up who is eligible for paid leave for the purposes of serving as a full-time official or officer. This would be in reference to an elected full-time officer for a statewide employee organization which is a collective bargaining representative under the Policemen and Firemen Collective Bargaining Act, or the Public Employee Relations Act. The measure now goes to the House.
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The Senate approved Senate Bill 1331 with a unanimous vote. The measure would amend the Tax Code to provide an exclusion from the sales and use tax for the sale at retail or use of copies of an official document sold by a government agency or a court. An official document means a “record” as defined in the “Right-to-Know Law.” The term would include notes of court testimony, deposition transcripts, driving records, accident reports, birth and death certificates, deeds, divorce decrees and other similar documents. The measure is now in the House.
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The Senate approved Senate Bill 1332 with a unanimous vote. The bill would amend the Public School Code relating to school health services, definitions and for certain medical examinations. Schools would be required to maintain a health record for each student including immunization records, results of screening and measurements, results of all medical examinations, documentation of special health care needs and other information specified by the Health Department. The school would be further required to make information available to parents or guardians regarding health screenings to be performed throughout the year. The measure is now in the House.
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The Senate voted 29-20 in favor of Senate Bill 1216. This Act would set rules for what to do when someone leaves their position on an election boards and for election boards in new districts. If a person leaves an election board before the fifth day before any election, the position should be filled by appointment by the county board of elections rather than by the court of the county. The county board of elections would select the first election board for any new district. The people elected would serve until the next municipal election when the election officials are elected. The bill will now go to the House.
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The Senate voted unanimously in favor of House Bill 2738. This Act would amend the Workers’ Compensation Act to provide resolution hearings; require workers’ compensation judges to set a mandatory trial schedule; require mandatory mediation; reform the Workers’ Compensation Appeal Board; and establish an Uninsured Employers Guaranty Fund to provide benefits to injured workers whose employers did not carry required coverage. The minimum benefit payment would be $100 a week for people who were injured before August 31, 1998. Judges at the first hearing would set a mandatory trial schedule, which would include specific deadlines for presenting evidence and dates for future hearings, which would be strictly enforced. Every trial schedule would include a specific date and time for a mediation conference, no later than 30 days before the due date for filing proposed findings. The Office of Adjudication (within the Department of Labor and Industry) would have to have a resolution hearing to hear agreements made by the parties. A decision would be made within five business days. The Workers’ Compensation Appeal Board would sit in to hear appeals. They would decide the outcome with a majority vote. The Uninsured Employers Guaranty Fund would be set up to pay any plaintiff, or their dependents benefits. The bill will now go back to the House.
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The Senate voted unanimously in favor of House Bill 469. This Act would make changes to the date of application for absentee ballots, and explain contribution limits made by companies. This Act would allow a voter who becomes ill, disabled or has to travel for business after 5 p.m. on the Friday before an election, to hand in an Emergency Application, or other signed document that includes the same information as an application, to the court of common pleas in their county. The voter has to appear in court or send a representative to take their place. A judge will then determine if the voter can receive an absentee ballot. Limited Liability Companies who choose to be taxed would be allowed to give contributions to public office candidates. The bill will now go back to the House.
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The Senate voted unanimously in favor of House Bill 632. This Act would require that every charitable organization that receives yearly contributions of $300,000 or more to be reviewed. Every charitable organization that receives yearly contributions between $50,000 and $300,000 will be required to have a review of their financial statements. Review of financial statements is optional for any charitable organization that receives yearly contributions less than $50,000. The bill will now go back to the House.
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The Senate voted unanimously in favor of House Bill 854. This Act would limit disclosure of confidential security information of public utilities and enforce penalties. An agency would not be allowed to release, publish or disclose a record that would endanger public safety or property, put at risk a person’s security or property, or would put the agency at risk. A public utility record can be disclosed if it contains information that is necessary for construction, renovation, or remodeling work on any public building project. A public official or public employee, who receives and is careless with a public utility confidential security information record, would be committing a second-degree misdemeanor. This person would have to pay a maximum fine of $5,000 plus the cost of prosecution or go to prison for up to one year, or both. The person would also lose their job. The bill will now go back to the House.
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The Senate voted unanimously in favor of Senate Bill 1110. This Act would set residency requirements for administrative agencies. Each member of every independent administrative board and commission, every departmental administrative body, board and commission and every advisory board and commission must have been a resident of Pennsylvania for at least one year, unless a longer period of residency is required by the State Constitution. The member must continue living in Pennsylvania during their term. The bill will now go to the House.
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The Senate voted 37-11 in favor of House Bill 236. This Act would create rules for the Legislature to follow when they are proposing legislation for small businesses. The Legislature would have to consider the effects the legislation would have on small businesses before approving it. The Independent Regulatory Review Commission (IRRC) must be contacted before any legislation that would be bad for small business is approved. A small business that has been negatively impacted by legislation has 18 months to file a complaint with the courts. A small business is independently owned and has less than 100 full-time employees or makes less than $6 million. The bill will now go to the Governor.
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The Senate voted unanimously on legislation that prohibits merchants from raising their prices and taking advantage of consumers in light of a disaster. House Bill 2001 prohibits price gouging during and 30 days after the Governor declares a state of disaster emergency. Violators will face a fine up to $10,000 for each violation from the Attorney General. The bill now moves to the House for consideration.
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The Senate voted unanimously on legislation that further provides for disabled veterans’ real estate tax exemption and for duty of commission. Senate Bill 19 says any resident who is a disabled veteran will be exempt from the paying all real estate taxes on any building, including the land upon which it stands, that is occupied by that person if the person owns it alone, with his or her spouse or as an estate. The measure also assumes that an applicant with annual income of $75,000 or less has a need for the exemption. The bill now moves to the House for consideration.
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The Senate voted unanimously on legislation that adds another county to the Port of Pittsburgh Commission. Senate Bill 1242 adds the County of Blair to the port district that makes up the Port of Pittsburgh Commission. The counties presently included in the commission are Allegheny, Armstrong, Beaver, Butler, Clarion, Fayette, Greene, Indiana, Lawrence, Washington and Westmoreland. The Port of Pittsburgh Commission was created in 1993 to promote the commercial use and development of the inland waterway transportation system and to integrate that system into the economic, recreational and environmental future of southwestern Pennsylvania. The bill now moves to the Governor for passage. * * *
The Senate unanimously voted on House Bill 2631 which would no longer require real estate brokers and salespersons to provide written disclosures about a commercial property if the buyer/tenant or seller/landlord is a corporation or partnership. Consumer notice will continue to be provided in commercial property transactions if the prospective buyer/tenant or seller/landlord is an individual. The bill amends the current Real Estate Licensing and Registration Act, which requires a real estate broker or salesperson to make certain disclosures in writing during the initial interview when someone is interested in buying the property. If the property is to be leased, the broker must provide a written statement to prospective tenants indicating the relationship of the broker and the property. The bill now moves to the House for consideration.
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The Senate unanimously voted on legislation that would limit the collection of Social Security numbers by state agencies and local governments. House Bill 2134, known as the Social Security Number Privacy Act, would establish a general rule that in applying for a professional license or certification, occupational license or certification, or recreational license, applicants may provide their driver’s license number or non-driver ID card number as an alternative to providing their Social Security number. All license-issuing state agencies and municipalities would be required to develop forms with space for these alternative ID numbers. Also, an individual would have to sign a consent form for PennDOT to release his Social Security number. This legislation would also prohibit health insurers from placing a Social Security number on a health insurance card. Lastly, this bill would require the state Department of Public Welfare to apply for a federal exemption from provisions of the Social Security Act relating to child support enforcement. It also clarifies that this act shall not prevent the collecting, using or release of Social Security numbers as it relates to child support cases, in accordance with federal law. The bill now moves to the House for consideration.
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