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Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR
THE WEEK OF |
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The Senate this week voted 49-1 in favor of Senate Bill 44, which would unlink the salaries of Pennsylvania judges from a pay scale based on what federal judges make. Under the bill, beginning in January, 2008, judges would receive annual cost-of-living adjustments based on the percentage change, if any, in the Consumer Price Index for all urban consumers for the Pennsylvania, New Jersey, Delaware and Maryland area for the most recent 12 months reported by the U.S. Department of Labor. The bill would undo the last vestige of the 2005 pay raise law, which the General Assembly rescinded later that year. The measure was prompted following a state Supreme Court ruling that reinstated the part of the law that raised salaries for judges and linked future judicial pay raises to the salary structure of federal judges. The bill now goes to the House.
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The Senate unanimously passed legislation that creates the Long-Term Care Partnership Program. Senate Bill 548 specifies that the purpose of creating a Long-Term Care Partnership Program is to reduce future Medicaid costs for long-term care by delaying or eliminating dependence on Medicaid by providing incentives for people to purchase long-term care insurance. The Department of Public Welfare will administer the program. In order to implement the program, the Department of Public Welfare would file an amendment to the State Medicaid Plan with the Centers for Medicare and Medicaid Services by June 30, 2007. The program would be structured and administered in accordance with federal law and federal guidelines for qualified state long-term care partnerships. The bill now moves to the House for consideration.
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The Senate unanimously passed Senate Bill 121, which would amend the judicial code to clarify the definition of burglary. This Democrat-sponsored bill would correct an inconsistency in how the state’s burglary and “Three Strikes” laws treat burglary in instances such as a home invasion when the victim is present. It would assure that sentencing courts could impose the toughest possible penalties for burglary and home invasion. The bill is now in the House.
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The Senate unanimously passed Senate Bill 183, which would amend the Judicial Code and Crimes Code to toughen penalties against those who impersonate a public servant. The legislation would make it a third-degree felony for a person, by word, action or attire, to impersonate a police officer or other law enforcement officer with the intent to induce another person to submit to false official authority or otherwise rely on the false impression. This would also make it a criminal offense (a misdemeanor of the third degree) to impersonate a member of the armed forces or veteran in the same way. The bill is now in the House.
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The Senate passed Senate Bill 397 by a vote of 47-2. This bill would add a section to the Judicial Code, establishing a central or regional booking fee, following the adoption of a countywide Booking Center Plan. Under this bill, a person may be required by the court to pay a central or regional booking fee of no more than $200 in addition to any other fines, penalties, costs or fees authorized by law. The booking fee monies would be deposited into the Booking Center Fund or account to be used solely for the start-up, operation or maintenance of a central or regional booking center. The bill was sent to the House.
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The Senate unanimously passed Senate Bill 432. The legislation would amend the Controlled Substance, Drug Device and Cosmetic Act to add several offenses related to the operation of methamphetamine labs in Pennsylvania. Currently there is no specific law dealing with meth labs. The legislation would make it a second-degree felony to knowingly cause a chemical reaction for the purpose of manufacturing methamphetamine or preparing a precursor substance for the manufacture of methamphetamine. The legislation would also increase the grading of this offense to a felony of the first degree if the conduct occurs within 1,000 feet of the real property of a public, private or parochial school, a college or university, nursery school or day care center or with 250 feet of a recreation center or playground. The legislation would also make it a felony of the third degree if the person intentionally, knowingly or recklessly deposits, stores or disposes of a precursor substance, chemical waste or debris used in or resulting from the manufacture of methamphetamine or the preparation of a precursor substance. These provisions would not apply to the operation of a licensed pharmaceutical company in the normal course of business and acting pursuant to federal or state laws. The bill is now in the House.
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The Senate passed Senate Bill 433 by a 49-0 vote, which would make a person convicted of an offense involving the operation of a methamphetamine laboratory responsible for reimbursing the appropriate law enforcement agency for the costs of cleaning up the environmental hazards associated with the operation of the meth lab. The bill was sent to the House.
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The Senate unanimously approved Senate Bill 434, 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 in prison 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 is now in the House.
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The Senate unanimously approved Senate Bill 436, 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 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 is now in the House.
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The Senate voted unanimously in favor of Senate Bill 233, which would give land to Somerset County. Approximately 108 acres of land of the State Correctional Institution Laurel Highlands would be given to Somerset County to develop an industrial park. The bill will go to the House.
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