Senate of Pennsylvania

SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF
March 30, 2009

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            Illegal aliens who live in Pennsylvania would be unable to obtain public benefits under Senate Bill 9, which passed the Senate by a vote of 41-9.

            Under current federal law, illegal aliens are prohibited from receiving federal, state or local public benefits. The only exceptions are emergency medical care, necessary immunizations and disaster relief.

            Senate Bill 9 would require anyone requesting public benefits in Pennsylvania to provide identification proving they are legal residents. Additionally, they would be required to sign an affidavit stating they are a U.S. citizen or an alien lawfully present in the United States.

            Any applicant signing the affidavit would have their status verified through the Federal Systematic Alien Verification of Entitlement Program operated by the U.S. Department of Homeland Security.

            The bill now goes to the House.

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            The Senate approved Senate Bill 84 with a unanimous vote.  The measure would

amend Act 3 of 1995, the “Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act,” to protect economic development agencies from environmental liability when removing contamination from a site. 

 

            The measure is now in the House Environmental Resources and Energy Committee.

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            The Senate voted unanimously in favor of Senate Bill 136, which would make changes to the Independent Regulatory Review Commission (IRRC) by requiring detailed data to be included with proposed regulations.

            The IRRC was created to review Commonwealth agency regulations to ensure that they are in the public interest.

            Senate Bill 136 would require a detailed explanation of any data that is included in proposed regulations. This explanation would need to include how the data was obtained and why the data is acceptable.

      The bill now goes to the House.

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            The Senate unanimously approved Senate Bill 155, which would require a state, county or local government entity to notify the public of a security breach within one week, and the Attorney General within three business days of the discovery.

            The Attorney General must investigate the breach, at the expense of the agency where the breach occurred, by reviewing agency procedures, determining the cause of the breach and offering recommendations for prevention of future incidents.

            The bill now moves to the House for consideration.

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            The Senate approved legislation that would restrict schools from prohibiting military personnel from wearing their official military uniforms while on school property. 

            Under Senate Bill 206, public school administrators cannot impose any restrictions or prohibitions on the wearing of official military uniforms while on school property.  The same regulations apply to military personnel who visit or meet with a school district employee or student. Violators would face a $500 fine.

            The bill now moves to the House for consideration.

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            By a unanimous vote, the Senate passed Senate Bill 299.   The legislation would make “phishing” a crime in Pennsylvania.  Phishing consists of tricking people into giving out sensitive personal information (passwords, usernames, and credit card details) electronically on fake Web sites designed to look like legitimate ones.

            Phishing can occur at the place, residence or employment address where a person possessed, obtained or used the identifying information under false pretense.

            First-time violators would be charged with third-degree felony and second offenses would be treated as second-degree felonies. No one charged with phishing would have standing to challenge the Attorney General’s authority.

            Internet service providers would not be responsible for removing or disabling access to content that may be in violation of the law.  Further, a civil lawsuit could be filed against anyone using a service provider to deceptively request personal information on behalf of a business without that business’s permission.

            Under the bill, victims of phishing would be able to claim attorney fees and up to $100,000 per violation in damages.

             The bill now moves to the House for consideration.

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            The Senate approved legislation that would toughen criminal penalties against those who  assault a public transportation employee.

            Under Senate Bill 387, assault on a transit worker that results in bodily injury becomes a second-degree felony.  If the injury is serious, the assailant could be charged with a first-degree felony.  The maximum penalty for a first-degree felony would be 20 years in prison and a $25,000 fine.  The maximum penalty for a second-degree felony would be 10 years in prison.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation that would create a Mini-COBRA Small Employer Group Health Plan.

            Senate Bill 442 would extend the federal COBRA guidelines to include small businesses with 2 to 19 employees.

            Additionally, recipients of mini-COBRA health insurance would also have access to premium assistance provided through the American Recovery and Reinvestment Act of 2009 to purchase COBRA health insurance benefits.

            The bill now moves to the House for consideration.

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            The Senate unanimously approved legislation that would provide a person with immunity from prosecution for underage drinking under certain circumstances.

            Senate Bill 488 would provide immunity to a person who is drinking underage if he is seeking medical attention for another underage drinker under the following circumstances:

·         Calling 911 for medical assistance is the only way law enforcement would have become aware of the underage drinking violation.

·         The person was the first to call 911 to report that the other person needed medical attention.

·         The person reporting the need for medical attention provided his own name and remained with the person needing medical attention until health care providers arrived.

The bill now moves to the House for consideration.

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            The Senate voted unanimously in favor of Senate Bill 568, which would allow the Department of General Services to transfer land owned by Pennhurst State Hospital to East Vincent Township.

            The transfer would include 96 acres: 80 acres of open space and 16 acres of Pennsylvania Southeastern Veterans Center facilities that are to be replaced as part of the center’s planned renovation.

            East Vincent would have to maintain the cemetery that served residents of the former Pennhurst State Hospital. 

      If Senate Bill 568 passes, East Vincent would use the land for a park with walking trails and multi-purpose fields.

      The bill now goes to the House.

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            The Senate approved legislation that would make it a second degree felony to rob a financial institution, regardless of how the demand is made.

            Under Senate Bill 605, a person who robs a bank or credit union by making a demand of an employee orally or in writing would be charged with a second degree felony, which is punishable by a maximum fine of $25,000 and a maximum 10-year prison sentence.

            The bill now moves to the House for consideration.

 

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