SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF
June 25, 2007

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By a 33 to 17 vote, the Senate this week approved Senate Bill 246, which would establish a statewide smoking-ban, known as the “Clean Indoor Air Act.”

Senate Bill 246 would prohibit smoking in certain public places and workplaces. Exemptions to the smoking ban would include private residences, 25 percent of hotel rooms, tobacco shops, cigar bars, up to 25 percent of a gaming floor space, private clubs, and drinking establishments with food sales of no more than 20 percent. 

The legislation would also establish fines of  $250 for a first violation, $500 for a second time that it occurs within the same year, and a fine not exceeding $1,000 for each additional violation that occurs within the year.

Lastly, the statewide Clean Indoor Air Act would supersede any ordinance, rule or regulation adopted by a local government concerning smoking in an indoor public place or workplace. 

The bill is now in the House.

* * *

The Senate passed an amended version of House Bill 842 by a vote of 45-4.  This bill would approve additional allocations for education programs in the 2007-08 budget bill.

The Governor’s proposed budget for fiscal year 2007-08 requests $4.9 billion for the basic education subsidy. This bill would add an additional $10 million to the Governor’s request.  The total increase of $177 million is 3.7 percent over the 2006-07 budget.

Also included is a $25 million increase in accountability block grants, $75.75 million in public library funding, $66 million in educational assistance funding, $6.43 million for funding to intermediate units for institutionalized children, and $29.4 million for the special education subsidy.

Additionally, this bill would state that the Department of Education could only place a teacher’s certificate in inactive status between June 30 and July 31 for noncompliance with continuing education requirements.

The bill was sent back to the House for concurrence.

* * *

The Senate voted 36-14 in favor of House Bill 10, which was amended to unlink the salaries of Pennsylvania judges from the 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 measure would also fund the state’s 65 percent reimbursement share for full-time district attorneys by requiring convicted criminal offenders to pay an additional $50 fine.

            The amended bill now returns to the House. 

* * *

            The Senate unanimously approved House Bill 1287, which would authorize the appropriation of $53.9 million in Gaming Fund revenues for the Department of Revenue, State Police, Gaming Board and Attorney General’s Office for their continued administration and oversight of Pennsylvania’s gaming industry for the remainder of fiscal 2006-07 and 2007-08.

            The bill, which was amended to reduce the earmarks to the departments of Revenue and State Police, now returns to the House.

* * *

            The Senate unanimously approved Senate Bill 1006, which is the Senate’s version of legislation that would appropriate over $45 million in funds to the Department of Revenue, State Police, Gaming Board and Attorney General’s Office for their continued administration and oversight of Pennsylvania’s gaming industry. The Senate version would loan the agencies an additional $7.4 million.

            The bill is now in the House.

* * *     

By a unanimous vote, the Senate approved Senate Bill 728, which would amend the Fiscal Code to provide that all of the money deposited in the Keystone Recreation, Park and Conservation Fund (Keystone Fund) in 2006-07 be transferred to the State System of Higher Education (SSHE). The bill ensures that SSHE receives its full-deferred maintenance allocation of $12.9 million for Fiscal 2006-07.

The bill would also continue the state’s $25 million grant program to volunteer fire and ambulance companies.

In addition, the measure would prohibit the state Police from closing stations in fiscal 2007-08 without first holding a public hearing.

The bill is now in the House.

* * *

The Senate voted 41-8 in favor of Senate Bill 468, which would change the Pennsylvania Constitution to set a limit on the length of session.

The change would state that the General Assembly could not assemble a voting session on the first Tuesday after the first Monday in November through November 30^th in any even-numbered (election) year.

The bill will now go to the House.

* * *

The Senate unanimously approved legislation that would require health care facilities to create “internal infection control plans” in order to discover and prevent health care-associated infections.

Under Senate Bill 968, a health care facility would have to develop and implement an internal infection control plan for the detection, control and prevention of health care-associated infections.  In addition, the plan would have a committee including representatives from medical staff, administration, laboratory, nursing, pharmacy and the community, reviewed by the Centers for Disease Control to ensure the plan meets its requirements.

Additionally, the legislation would create a find of $1,000 per day for a facility that does not report a health care-associated infection within 24 hours.

The bill would also create a cash-incentive program for the reduction of health-care associated infections in each particular facility.

The bill is now in the House. 

* * *

The Senate passed House Bill 966 by a 29-19 vote.  This legislation would provide the Insurance Department with additional tools to review, approve, or disapprove consolidations of Blue Cross/Blue Shield companies.  It would also amend the definition of Long Term Care Insurance and provides for long term care insurance coverage through the Guaranty Fund.

The bill would also create an Insurance Restructuring Public Interest Review Board to oversee the Insurance Department’s review of mergers consisting of 9 members.  The board would include a member of the public who is a policyholder of a health care corporation, a health care provider who has a contract with a health care corporation, Secretary of Health, Secretary of Public Welfare, and the leaders of the four caucuses.  Each of the board members would be able assign a designee to serve on the board. 

This is the third time that the Senate has voted on the issue.  The Senate passed two other versions, HB112 by a 30-18 vote, and SB550 by a unanimous vote.

The bill now moves to the House for concurrence.

* * *

The Senate voted unanimously in favor of House Bill 13.  This bill would not hold landowners accountable for injuries occurred on their property unless they had been neglectful.

Landowners would not be held responsible for injuries caused while hunting or other recreational activities on their property.  They would be held responsible if they had been neglectful for safety or if the landowner charges a fee for use of the land.

This bill is in response to a 2006 court case in which the owners of a Lehigh County orchard were found partially liable for damages in a lawsuit centered around a stray bullet, fired by a hunter who had permission to hunt the land that traveled about a half-mile before accidentally striking a woman sitting in a car on a different property. 

The bill will now go to the Governor.

* * *

The Senate voted 48-2 in favor of House Bill 778.  This bill would reduce the maximum Blood Alcohol Content (BAC) level while operating watercraft, Boating Under the Influence (BUI), in Pennsylvania from 0.10 percent to the federal standard of 0.08 percent.  The maximum fine would be reduced from $7,500 to $5,000 and the minimum fine from $2,500 to $1,500.

Any person who operates a watercraft would automatically be consenting to a test to determine the presence of a controlled substance if an officer has reasonable grounds to believe the person was under the influence of a controlled substance or the driver of the watercraft or passenger required medical treatment or was killed.

If the county jail is too crowded and the person who committed BUI is serving a minimum term of jail time, this bill would allow the court to sentence the person to parole. The Pennsylvania State Police criminal laboratory would perform the tests to determine BAC.

Also under House Bill 778, to be convicted of violating the “Threatened and Endangered Species law,” the court would have to find that the violation was done intentionally.

The bill is now in the House for concurrence.

* * *

Legislation that would make changes to Pittsburgh’s Port Authority governing board earned Senate passage this week, despite Senate Democrats voting unanimously against it.

Senate Bill 857 would require the state Auditor General to conduct annual audits of Port Authority performance and finances. These audits are currently conducted every four years. In addition, this legislation would increase the frequency of outside audits from at least once every eight years to once every four years. This bill would also require the replacement of four current board members with legislative appointees.

While agreeing with the increased oversight provisions of this legislation, Senate Democrats balked at the bill’s expansion of legislative power, with one Democratic senator wondering if the General Assembly would eventually require a representative on every school board in the state. Other senators cautioned that this bill could politicize the transportation funding debate in Harrisburg and urged putting it aside until a transit funding solution was reached. Senate Republicans proceeded forward with the bill nonetheless, but did incorporate one provision suggested by Senate Democrats – barring all public and party officials from membership on the Port Authority board.

With a final vote of 29-21, Senate Bill 857 now heads to the House.

* * *

The Senate unanimously passed Senate Bill 811.  This bill would establish the Long-Term Living Facility Licensure Information Act.

            Under the bill, the Department of Aging would be required to maintain a publicly accessible website with a listing for each type of facility. The site would be updated monthly.  The legislation would also require that the license, certification, inspection, and any violations a facility may have, etc. must also be listed on the website.

            The bill is now in the House.

* * *

The Senate unanimously passed House Bill 496, which would increase the fees paid by nuclear power facilities for plant safety, monitoring, and emergency planning.

The legislation would significantly raises the annual fees paid by each of the Commonwealth’s five nuclear power facilities.  The fees have not been increased in over 14 years.

The bill contains numerous increases in fees, the largest would require that within 30 days of the effective date of the act, each person who has a current nuclear reactor construction permit or operating license within the Commonwealth pay the department $100,000 per nuclear power reactor site and by July 1, 2007, and each year thereafter the fee would be $550,000 per nuclear power reactor site. 

The bill would also make it unlawful to transport spent nuclear fuel, high-level waste, transuranic waste, or a large quantity of radioactive material upon the waterways of the Commonwealth unless the Pennsylvania Emergency Management Agency is notified in advance. 

The bill now moves back to the House for concurrence.

* * *

The Senate voted unanimously in favor of House Bill 881.  This bill would further clarify and refine the conditions in which the use of an artificial light is permitted during hunting. 

The bill would allow a light to be carried or mounted on a firearm, if it is not a laser beam, during the evening hours, if the source of power for the light were self-contained, carried on the person or on the firearm during the hunting of furbearers.  This includes people who kill wildlife to protect their property.

The bill now moves back to the House for concurrence.

* * *

The Senate passed Senate Bill 97 by a 50-0 vote.  The bill would amend the Tax Code to allow banks and trust companies to disregard “goodwill” taxes that would be paid from June 30, 2001 to March 18, 2008. Goodwill is defined as the excess amount above fair market value that is paid during an acquisition or merger. Other states have passed similar legislation, which encourages future mergers.

The bill is now in the House.

* * *

The Senate unanimously passed Senate Bill 455, which would change the name of the State Dental Council and Examining Board to the State Board of Dentistry.

The bill would also change the certification of a dental hygienist to now include completing 1,800 hours of practice under a licensed dentist and purchasing a malpractice policy.  

The bill is now in the House.

* * *

The Senate passed Senate Bill 763 by a 50-0 vote. The bill would clarify that residential tenant leases are not taxable.  Leases prior to July 1, 2007 would not be affected.

The bill is now in the House.

* * *

The Senate unanimously passed Senate Bill 886. This legislation would deal with the issue of when prizes are offered for the purpose of influencing any purchaser or prospective purchaser of real estate, such as a timeshare. 

The bill would state that if a recipient must attend a time-share sales presentation in order to obtain the benefits offered under the promotion, a disclosure of the requirement must be provided to the prospective purchaser.

The bill now moves to the House.

* * *

The Senate passed Senate Bill 961 by a vote of 49-0. The bill would permit local income tax to rise up to half a percent beyond the maximum legal rate in the city of Hazleton. The tax increase would then be funneled into reducing taxes on pension plans.

The bill requires the City of Hazleton to petition the court of Common Pleas of the County to increase the tax rate.

The bill is now in the House.

* * *

The Senate unanimously passed legislation that would amend the Emergency and Law Enforcement Personnel Death Benefits Act to include, “Certified hazardous material response team members.”

House Bill 369 would provide for the payment of death benefits to the surviving spouse or children or parents of HazMat response team members.

The bill now awaits the approval of the governor.

* * *

The Senate unanimously passed House Bill 906, which would add advanced life support squads to the definition of what is considered a volunteer ambulance service. 

The governor signed the bill into law as Act 10 of 2007.

* * *

The Senate unanimously passed House Bill 635, which would extend the time period that auditors must finish the audits of counties and make reports to the court of common pleas and Department of Community and Economic Development.

            The bill moves the date that an audit must be finished, the date that an audit must be filed, and the date that a report on the fiscal condition of the county must be filed from May 1 to July 1.

            The bill is now on the Governor’s desk.

* * *

The Senate passed House Bill 917 by a 49-0 vote.  This bill allows boroughs to sell real or personal property to a council of government without going through advertising and bidding requirements.

            The bill is now awaiting the Governor’s signature.

* * *

The Senate voted unanimously in favor of House Bill 1367.

The legislation would extend the sunset date on the nursing home provider assessment until 2012. It would also create the Senior Care and Services Study Commission, which would assess the health care needs of the state’s current and future senior population.

This bill is now on the Governor’s desk.

* * *

The Senate unanimously passed Senate Bill 638, which would establish the Cancer Drug Repository Program for accepting and dispensing donated cancer drugs.

The bill would provide immunity from criminal and civil liability for those who donate the cancer drugs.

The bill is now in the House.

* * *

The Senate approved Senate Bill 704 by a vote of 46 to 3.  The bill would require the Intra-Governmental Council on Long-Term Care to have two representatives of the assisted living residence community on the council: the owner or administrator and a consumer.

The bill would also require the appointment of administrators, creates regulations, and establish an application fee. 

The bill is now in the House.

* * *

By a 36 to 14 vote, the Senate passed Senate Bill 913. This legislation would establish the Environmental Funds Reporting and Disclosure Act.

The bill would require the Department of Environmental Protection to compile a comprehensive report of all special funds and restricted revenue accounts administered by the department.  It would also provide funding for the Hazardous Sites Cleanup Fund.

The bill now goes to the House.

* * *

            The Senate unanimously passed Senate Bill 968, which would amend the Medical Care Availability and Reduction of Error Act by adding a chapter that relates to the reduction and prevention of health care-associated infections. 

* * *

By a vote of 49-1, the Senate passed Senate Bill 466, which would exempt temporary structures - such as festival or fairground tents and pole barns - from the state’s Uniform Construction Code.  

The bill now goes to the House.

* * *

            The Senate this week adopted a Democratic-sponsored proposal directing a legislative research agency to investigate the economic impact and potential pitfalls of a proposed cargo airport in northeastern Pennsylvania.

Several business leaders and elected officials have proposed building a new, cargo-only airport in the Hazleton area, with the capacity to move 1.4 million tons of freight annually. The project’s developers are estimating that the airport could create more than 4,500 jobs. However, the project’s price tag – $1.6 billion, with a significant portion expected to come from the state – along with lingering questions about its overall economic impact have drawn skepticism from some state and local officials.

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