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Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR
THE WEEK OF |
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By a 43-5 vote, the Senate amended and passed House Bill 48, which would allow slot machine licensees who also hold a restaurant license be eligible to receive an enhanced restaurant license by registering with the Liquor Control Board (LCB) and paying a license fee of $250,000 and an annual fee of $30,000. The bill would also amend the definition of “eligible entity” to allow clubs located in fourth class counties recognized by Rotary International, and nonprofit organizations located in third class boroughs or counties whose purpose is to promote mushrooms to obtain special occasion liquor permits. The legislation would change “public venue” to include visitor centers established under the authority of the Gateway Visitor Center Authorization Act of 1999. The definition for “performing arts facilities” would also be amended. To be considered under this definition, the seating capacity would be lowered from 500 to 250 people. Restaurant owners who hold sacramental wine licenses would be authorized to sell sacramental wine for consumption on the premises. Also, patrons who have purchased but only partially consumed a bottle of wine purchased and consumed on the premises would be allowed to remove the bottle. The bill would also allow hotel licensees exempted from the bedroom requirement to use all areas of the hotel as either storage areas or licensed serving areas, in conformity with LCB standards. The bill now moves back to the House.
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The Senate unanimously passed legislation that would criminalize the act of looking at child pornography. House Bill 89 would make it a criminal offense to intentionally view any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act. This offense would not apply to any material that is viewed or presented for a bona fide educational, scientific, governmental, or judicial purpose. A first offense would be a third-degree felony, punishable by a maximum seven-year prison sentence and/or a fine of up to $15,000. Subsequent offenses would be a second-degree felony, punishable by a maximum 10-year prison sentence and /or a fine of up to $25,000. The bill now goes back the House.
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The Senate passed legislation that would add retired judges and former mayors to the list of people who can perform marriage ceremonies. House Bill 270 would allow retired judges and former mayors to solemnize marriages, as long as that individual is a Pennsylvania resident, served at least one full term of office, was not defeated for election or retention, was not convicted of a crime or resigned because of criminal charges or was not removed from office. The bill is now in the House Rules Committee.
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The Senate unanimously passed Senate Bill 936, which would put Pennsylvania in compliance with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, also known as the SAFE Act. Pennsylvania must update its mortgage licensing statute to match the federal mandate by July 31, or could lose the authority to regulate the state’s mortgage industry. The bill would also give the Department of Banking the authority to deny mortgage broker licenses if the applicant has been convicted of any felony in the past seven years. The department can also issue a permanent licensure ban to anyone convicted of a felony involving an act of fraud, dishonesty, breach of trust or money laundering unless they’ve been pardoned. Finally, the bill would give the department the authority to require individuals in the mortgage business to purchase surety bonds. The size of the bond would depend on the amount of mortgage business done annually. The bill is now in the House.
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The Senate unanimously approved Senate Bill 88, which would amend the Public School Code to allow a child to remain a resident of their school district even though they live outside of Pennsylvania because one or both parents were ordered to active military duty. To qualify, the child’s parents would need to maintain their Pennsylvania residence. The measure is now in the House.
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The Senate unanimously concurred in House amendments to legislation that would change some definitions in the law governing pre-fabricated housing. Senate Bill 195 would define “industrialized/commercial modular building” as a structure designed for commercial occupancy, and classified within nonresidential use. The bill would define “industrialized/commercial building module” as a whole or partially closed wall structure incorporating one or more rooms, which is made in a manufacturing facility and separately transported to the building site. Also, the Department of Labor and Industry would be authorized to enter into a multistate agreement to regulate the construction of components of industrialized/commercial modular buildings. The bill now goes to the Governor.
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The Senate unanimously approved legislation that would partially update the Mechanics’ Lien Law of 1963. Senate Bill 563 would eliminate the limit on the contract price for which a contractor could waive his lien rights. Under current law, a contractor or material provider can file a lien on the property for unpaid work. The contractor may waive his lien rights only for a residential building and only if the contract price is less than $1 million. This bill would eliminate the $1 million maximum for the residential exclusion and replace it with language that defines a “residential property” as “not more than three stories in height, not including any basement level, regardless of whether any portion of that basement is at grade level.” The bill now goes to the House.
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