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Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR
THE WEEK OF |
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By a 50-0 vote, the Senate passed House Bill 1845. This bill deals with handguns and amends Title 18 in the following ways: · allows for the issuing of emergency concealed weapon permits; · provides for the automatic renewal of concealed weapons permits for active duty military personnel; · changes the standard questionnaire used when buying a handgun; · creates a grant program aimed at stemming straw purchases of handguns; · brings Pennsylvania into compliance with federal law that requires that involuntary mental health commitments be reported to the FBI for inclusion in the National Instant Criminal Background Check System (NICS); · creates an appeals process for the denial of a firearm purchase based on criminal records; · adds the murder of a law enforcement officer to the existing first and second degree murder statutes as well as the attempt, solicitation and conspiracy statute; and · creates the offenses “criminal homicide of a law enforcement officer” and “assault of a law enforcement officer.” The bill would also mandate a mandatory minimum sentence of 20 years for the offenses criminal homicide of a law enforcement officer and assault of a law enforcement officer. The bill is now on the Governor’s desk.
* * * The Senate voted unanimously in favor of House Bill 2200, which mandates electric generation and encourages energy conservation in the hopes of lowering consumer electric costs. This bill would require electric companies to purchase electricity for customers at the lowest cost rather than the market average. The legislation also would phase-in smart meters and other energy conservation equipment that should help households keep track of how much energy they are using. The Senate Democrats wanted this bill to include a way to phase in higher electric rates when the rate caps come off. Democrats pledged to continue this effort when the Senate reconvenes for the 2008-08 session. The bill now goes to the governor.
* * * The Senate voted 49 to 1 in favor of legislation that would raise the standards for dogs in breeding kennels. Known as the “Dog Law” or the “Puppy Mill Bill,” House Bill 2525 adds requirements for the housing, treatment, exercise and veterinary care of dogs while they are housed at the kennel, including environmental standards like ventilation, humidity and lighting and floor support. Additional standards can be developed by the newly-created Canine Health Board, consisting of nine small-animal veterinarians with dog expertise. In addition, dogs in a commercial kennel many only be euthanized by a veterinarian. Dogs must be examined by a veterinarian at least twice a year and kennels must be inspected twice yearly. A kennel license or out of state dealer license will be revoked or denied upon a conviction of animal cruelty either in Pennsylvania or in any other state. The bill was enacted as Act 119 of 2008.
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The Senate unanimously passed House Bill 301. This bill adds judges to the courts of common pleas in various counties. Under the bill, Northampton County will get one additional judge; Cumberland County will get one, Dauphin County will get two; York County will get one; Delaware County will get one; Montgomery County will get two; Franklin and Fulton counties will get one; Lackawanna County will get one: Adams County will get one; and Carbon County will get one. The bill also requires that when a witness who is under 18 years of age is subpoenaed, a copy of the subpoena must be issued to the parent or guardian of the witness. The bill was signed into law as Act 98 of 2008.
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The Senate passed House Bill 1027 by a 49-0 vote. This bill increases penalties for willful failure to pay an order of support. Under this bill, a first offense will be graded a summary offense and any second or subsequent offense will be graded as a misdemeanor of the third degree. Previously, a violation of this statute was graded as a summary offense in all cases. The bill was signed into law as Act 104 of 2008.
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The Senate unanimously passed House Bill 1147, which narrows the definition of ‘chop shop’ in an effort to prevent fraud. Under the bill, a chop shop is any building, lot or other premises where individuals are engaged in certain prohibited activities relative to the dismantling of motor vehicles that are known to be illegally obtained by theft, fraud or conspiracy to defraud. The bill was signed into law as Act 107 of 2008.
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House Bill 1511 unanimously passed the Senate. This bill states that, prior to a permanency hearing, a child’s foster parent, pre-adoptive parent or relative may make a report to the court concerning the child’s adjustment and progress. Under this legislation, information obtained from a child in the course of screenings and assessments—whether court ordered or otherwise—cannot later be used against the child in determining if the child committed a delinquent act, or on the issue of the child’s guilt in a criminal proceeding. The bill was signed into law as Act 109 of 2008.
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The Senate passed an amended version of House Bill 1543 by a unanimous vote. This bill would permit the expungement of certain criminal conviction data. Under this bill, someone who has been free of arrest or prosecution for five years would be able to petition the court for the expungement of a summary offense. A person convicted of an offense graded as a misdemeanor or a felony offense or a person convicted of indecent assault would not be able to petition for expungement. Also courts would be prohibited from ordering the expungement of the criminal record of a person placed in Accelerated Rehabilitative Disposition for certain violations where the victim was under 18 years of age. The bill was sent back to the House.
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The Senate passed House Bill 1664 by a 49-1 vote. This bill extends the Wiretap Act until Dec. 31, 2013, and amends Title 18 as it relates to the theft of leased property. Before this change, if a person failed to return property to its owner within seven days after a written demand to return it has been delivered by registered or certified mail, the person is presumed to have the intent to commit theft of leased property. The new law provides that a written demand to return the property is delivered when it is sent simultaneously by first class mail and by registered or certified mail. The bill also prohibits the release or disclosure of records or information regarding electronic communications or remote computing services by an electronic communication services under most circumstances. The bill was signed into law as Act 111 of 2008.
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The Senate unanimously concurred in House amendments to Senate Bill 1107. The bill forbids a court from entering an order altering an existing order of child custody while one of the parents is deployed in a contingency operation. However, the court may enter a temporary order if it is in the best interest of the child. The bill was signed into law as Act 127 of 2008.
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The Senate unanimously passed House Bill 1044, which states that if a police officer is unable to attend in-service training due to military service or an injury sustained in service as a police officer, the officers’ employer must request a waiver. Under the bill, a police officer whose employer fails to request a waiver will not be decertified unless, upon return to service, the officer fails to participate in such training. The bill was signed into law as Act 105 of 2008.
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The Senate unanimously passed House Bill 1634. This bill enacts the Uniform Municipal Deed Registration Act. This legislation will provide for a more timely process for recording deeds in counties and registering deeds in municipalities. The bill was signed into law as Act 110 of 2008.
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The Senate unanimously passed Senate Bill 1028, which defines what kinds of evidence may be presented in determining if a road is a public road. The bill was signed into law as Act 126 of 2008.
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The Senate unanimously passed an amended version of House Bill 2188. This bill would establish the Abandoned and Blighted Property Conservatorship Act. This bill would allow for court-appointed conservators to bring residential, commercial and industrial buildings into municipal code compliance when owners fail to do so. The bill is now in the House.
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The Senate unanimously passed Senate Bill 1400, which would create the Pennsylvania Housing Affordability and Rehabilitation Enhancement Program. The program would be administered by the Pennsylvania Housing Finance Agency (PHFA) and funded by appropriations from the General Assembly ($10 million annually). The program would provide funding for certain projects, including:
The bill is now in the House.
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The Senate unanimously passed House Bill 44. The measure will create the “Mercury-Free Thermostat Act” and prohibit the sale, installation, and disposal of mercury thermostats. The Department of Environmental Protection would have the authority to assess a civil penalty of up to $2,500 a day for each violation of the law. The bill was signed into law as Act 97 of 2008.
* * * With a vote of 47-3, the Senate passed House Bill 1742, which requires scrap processors and recycling facility operators to collect information relating to the purchase and sale of scrap material when the purchase exceeds $100, involves a catalytic converter, or other restricted material listed in the measure. The information is required to help prevent the theft of scrap materials. Under the bill, if a police officer inquires about a possible theft, the scrap dealer must notify law enforcement within 24 hours if they have any items matching the stolen material. The dealer must then hold the scrap for at least 48 hours in case the enforcement agency needs it for evidence or the true owner wants the items back. Scrap businesses that violate the law would be subject to fines of up to $2,500 for a first, summary offense. Subsequent violations would be considered a third-degree misdemeanor. The rising price of scrap metal has prompted a rash of thefts statewide. A couple from New Castle in Lawrence County stole 300 metal flag holders from a cemetery. Thieves stole over 2,500 manhole covers from Philadelphia streets in 2007. Police broke up a car theft scheme in Harrisburg where thieves stole cars by towing them away and then selling them for scrap metal.” The measure was enacted as Act 113 of 2008.
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House Bill 2034 passed the Senate with a unanimous vote. The measure would create the Long-Term Care Patient Access to Pharmaceuticals Act that would provide patients with lower cost drugs through the Veteran’s Administration if they reside in a long-term care facility. The bill was signed into law as Act 114 of 2008.
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The Senate unanimously passed House Bill 2629, which would amend the Health Care Facilities Act by setting when final regulations must be established for licensure and operation of small residential hospices. The bill was signed into law as Act 120 of 2008.
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The Senate unanimously passed Senate Bill 739. The legislation would allow for Pennsylvania’s community colleges, the State System of Higher Education universities and the four state-related universities to charge in-state tuition to military personnel and their dependents while they are enrolled in internet based courses. The measure is currently in the House.
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With a unanimous vote, Senate Bill 684 was passed in the Senate. The measure is intended to create the Public Health Child Death Review Act in which State and local review teams will examine the circumstances surrounding deaths of children in Pennsylvania. The purpose of the program is to promote safety and reduce child fatalities. The measure was signed into law as Act 87 of 2008.
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The Senate voted unanimously in favor of Senate Bill 147, which would give the Commissioner of Professional and Occupational Affairs more power when it comes to civil penalties. This bill would allow the Commissioner to fine an individual up to $10,000 per violation on any licensee, registrant, certificate holder, permit holder or unlicensed person who violates a lawful disciplinary order. An additional penalty up to $10,000 per violation on any corporation, partnership, institution, association or sole proprietorship which aids and abets any individual in the unlicensed practice of a profession could also be added. The bill is in the House Appropriations Committee.
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The Senate voted unanimously in favor of Senate Bill 740, which would transfer land near the I-99 interchange in Benner Township for economic development purposes. This bill would transfer parts of SCI-Rockview land to the Department of General Services. The land would be auctioned off to the highest bidders and used to bring new jobs and development to the area. The bill now goes to the governor.
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The Senate voted unanimously in favor of House Bill 647, which would create a safer work environment for crane operators. This legislation would establish a seven-member State Board of Crane Operators to oversee crane use and require licensing for all crane operators. All operators would have to be certified by the National Commission for the Certification of Crane Operators or another organization approved by the board. The bill would also require all crane operators to be at least 18 years old and mandate that only certified cranes can be used. Cranes used for coal mining, forklifts, digger derricks and bucket trucks would be excluded from these requirements. The bill was signed into law as Act 100 of 2008.
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The Senate voted unanimously in favor of House Bill 747, which would auction off an elk license to hunters as a fundraiser for the state Game Commission. This legislation would allow the Game Commission to offer a special elk hunting license through an auction every year and the profits would go toward improving elk habitats in Pennsylvania. The commission would have to give an annual report to the General Assembly detailing how the proceeds were used. Both residents and nonresidents would be eligible to participate in the auction. The bill was signed into law as Act 101 of 2008.
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The Senate voted unanimously in favor of House Bill 949, which would improve the process for individuals training to become certified real estate appraisers. Under this measure, any person training to become a certified real estate appraiser and is making a big contribution to an appraisal would have to be listed on the report. This bill would limit the number of times a trainee can renew his or her license. The bill was signed into law as Act 103 of 2008.
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The Senate voted 47-3 in favor of House Bill 2499, which would require massage therapists to have a state license. Under this bill, massage therapists would be licensed under a new State Board of Massage Therapy. Applicants would have to complete a minimum of 600 hours of in-class and postsecondary training approved by the Department of Education and pass an exam. Therapists would then be required to have 24 hours of continuing education every two years. Current therapists would not have to complete the applicant requirements if they have: · been in practice for more than five years; or · passed a national certification test; or · passed a licensing exam and completed 100 hours of instruction; or · completed 500 hours of instruction from an institution approved by the Department of Education. The bill was signed into law as Act 118 of 2008.
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The Senate voted unanimously in favor of House Bill 2644, which would require facility owners to specify where construction work is going to take place in order to protect underground lines. Under this bill, a facility owner would have to identify where the lines are connected on their property. They would have to do those no later than the business day before the day of construction. The bill was signed into law as Act 121 of 2008.
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The Senate voted 39-11 in favor of Senate Bill 100, which would provide stronger protections against home repair scams. The bill would make it easier to prosecute dishonest contractors by imposing stricter criminal penalties for home repair fraud. The bill would impose tougher penalties if the victim is 60 or older. The legislation would require home improvement contractors to register with the Attorney General's Bureau of Consumer Protection. The Bureau would have a toll-free number that consumers could check on the registration status of a contractor. The bill would also require home improvement contracts for all work that would total more than $500. The contract would also include exactly what work was to be completed, the deadline for completion and the total costs involved. District Attorneys and the Attorney General would be given strong enforcement authority for investigating and prosecuting home improvement scams. Those who violate the law could face a felony conviction, and the revocation or suspension of their registration. The bill now goes to the governor.
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The Senate unanimously passed House Bill 834, regulating the use of mandatory overtime on health-care workers. The bill is a companion bill to Senate Bill 835, the latest version of a six-year effort to curb forced overtime. Under the bill, and employer cannot use refusal of forced overtime as grounds for dismissal or discipline. The bill allows employers to force overtime in the event of emergencies, or to complete a procedure already begun by the employee. Within 18 months, the Pennsylvania Department of Labor will create regulations and set penalties for violations. The House concurred in Senate amendments by a vote of 189-11 and the bill was signed into law as Act 102 of 2008.
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The Senate unanimously concurred in House amendments to House Bill 1096, which will establish the Uniform Construction Code (UCC) Review and Advisory Council. In 2004, the General Assembly adopted the UCC based mostly on international standards. The council will work with local and state government officials, as well as industry officials to review and recommend changes to the code. The bill was signed into law as Act 106 of 2008.
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The Senate unanimously passed House Bill 420 changing the Main Street Act to allow for the grants established in 2002 to be used for residential facades within an established downtown. Money can also be used for promoting residential opportunities within a Main Street area. The bill was signed into law as Act 99 of 2008.
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The Senate unanimously passed House Bill 2233 repealing the expiration of the Elm Street Program, which was scheduled to sunset on June 30, 2011. This bill also allows for grants to be renewed for an additional five years, with DCED approval, after the initial five year period has ended. It also allows for the grants to be used for promoting development of traditional neighborhood consumer services and goods, including banking institutions, grocery stores and pharmacies. The legislation also provides for DCED to develop guidelines that would allow municipalities to reestablish an Elm Street Project in a neighborhood that had previously been designated as an Elm Street Project. The bill was signed into law as Act 115 of 2008.
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The Senate unanimously passed Senate Bill 263, amending the Pennsylvania Occupational Disease Act, which provides for disability compensation for workers suffering from silicosis, anthraco-silicosis, coal worker’s pneumoconiosis, and asbestosis. Pennsylvania workers with a total disability were eligible for monthly payments of $125 and the bill will increase the payment to $150. The bill was signed into law as Act 123 of 2008.
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The Senate unanimously passed Senate Bill 1112, intended to increase the death benefit for police officers, firefighters, ambulance personnel, or National Guard soldiers killed in the line of duty. The bill also extends the period during which a death certificate must be filed with the state from 30 to 90 days. Upon receipt of a death certificate for a paid firefighter, ambulance service member, rescued squad member or law enforcement officer, the Commonwealth will pay the surviving spouse $100,000. If there is no surviving spouse, children under the age of 18 (if in college, under the age of 23) will receive the payment. In addition, another amount will be given that is equal to the monthly salary, workers’ compensation, pension or retirement benefits, and will continue monthly payments until there is no eligible beneficiary to receive them. When no spouse or minor children survive, a single sum of $100,000 will be paid to the parents of the individual. The bill was sent to the House.
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The Senate unanimously concurred in House amendments to Senate Bill 763, amending the Local Tax Enabling Act to further clarify that residential tenant leases or lease transactions are not subject to the taxing power of certain constituted authorities. The bill is now on the Governor’s desk.
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The Senate unanimously concurred in House amendments to a bill that outlines requirements for businesses in fourth through eighth class counties to file assessment appeals. Senate Bill 1258 would allow businesses to appeal an assessment if: · the appeal is from an assessment established during a countywide reassessment and the appeal is filed no later than the first day of September of the taxable year following the year for which the newly established values takes effect; · the property or parcel has been divided and conveyed away in smaller parcels; · improvements have been made to real property; and or · existing improvements are removed from real property or are destroyed. The bill now goes to the governor.
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The Senate approved legislation that would require the licensure and regulation of the debt management services businesses operating in Pennsylvania. Under the bill, no one can offer debt management services or debt settlement services without being licensed by the Pennsylvania Department of Banking under House Bill 2294. It would also prohibit anyone from becoming involved in the debt settlement business in Pennsylvania until the Department of Banking publicizes enabling regulations. The bill was signed into law as Act 117 of 2008.
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The Senate unanimously approved legislation declaring that anyone who intentionally removes a veteran’s grave marker with the intentions to sell it commits a misdemeanor of the second degree. House Bill 2289 also makes it a second degree misdemeanor to intentionally desecrate any public monument, structure, place of worship or burial; intentionally desecrate any other object of veneration by the public; sell, attempt to sell or remove with intent to sell a veteran’s marker; or intentionally receive, retain or disposes of a veteran’s marker knowing that the item has been stolen, unless it has been received, retained or disposed of with the intent to return it to the owner. The bill was signed into law as Act 116 of 2008.
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The Senate unanimously approved House Bill 347, which would allow the Pennsylvania Department of Transportation to waive the Commercial Drivers License (CDL) driving test for active duty military or recently discharged veterans with at least two years experience working in commercial type vehicles as a part of their military job. Also, the Department of Transportation may issue an undercover credential to federal, state or local law enforcement officials and would take all reasonable steps to ensure the confidentiality of these licenses and their issuance. The bill now moves to the House.
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The Senate unanimously approved legislation that would allow institutions that do not offer deposit services to qualify as providers of commercial lending. Senate Bill 768 would allow farm credit system institutions, created under the Farm Credit Act of 1971, to qualify for commercial lending activities. The bill was signed into law as Act 125 of 2008.
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The Senate unanimously approved Senate Bill 1225, which creates a system of Intrastate Mutual Aid between participating political subdivisions within Pennsylvania. The system will provide for mutual assistance among the subdivisions in the prevention of, response to and recovery from threats to public health and safety that are beyond the capability of an affected community to respond. The act also establishes an Intrastate Mutual Aid committee, which will include representatives from career and volunteer fire services, State Chiefs of Police Association, county emergency management agency directors and other individuals. The Governor signed the bill into law as Act 93 of 2008.
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The Senate unanimously approved legislation that would prohibit diesel trucks from idling too long. Under Senate Bill 295, idling by a driver or owner of a diesel-powered motor vehicle, with a gross weight of 10,001 pounds or more, engaged in commerce, would be limited to five minutes in 60 minutes except in certain circumstances. The bill was signed into law as Act 124 of 2008.
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The Senate unanimously approved legislation that would crack down on those who drive with a suspended license, and those who knowingly allow someone with a suspended license to drive their vehicles. Senate Bill 1413 would impose stiff penalties for people who drive with a suspended license. The bill, named “Alex’s Law,” was introduced in honor of Alexzandra Loos, a 15-year-old teenager who was hit and killed by a habitual offender in western Pennsylvania. The bill now moves to the House.
* * * The Senate unanimously approved legislation that provides for projects for the Highway Railroad and Highway Bridge Capital Budget Itemization Act of 2008-09, also known as the “Bridge Bill.” Senate Bill 1503 is needed in order to insure that bridges that will be completed by the Department of Transportation as “critical” need bridges are authorized. The Governor signed the bill into law as Act 96 of 2008.
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The Senate unanimously approved legislation that provides for the Highway Capital Budget Itemization Act of 2008-09. In order for Motor License Fund proceeds and debt financed monies on highway construction and reconstruction projects throughout the state to be undertaken by the Department, Senate Bill 1504 is necessary for authorization. The Governor signed the bill into law as Act 128 of 2008.
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