SENATE DEMOCRATIC WRAP-UP FOR THE WEEK OF
August 10, 2009

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            The Senate unanimously passed legislation that would expand on the offenses of cruelty to animals concerning certain medical procedures on dogs. 

The commonwealth provides very little oversight over dog breeders and owners, who have little to no training, from performing surgical procedures on dogs. Currently the law only provides that a person commits a summary offense if he/she crops or cuts off the ear(s) of a dog. House Bill 39 would also make debarking, tail docking, surgical birth and the removal of dewclaw on dogs a summary offense.      

In the event such procedures are performed, dog owners would be required to maintain a record that included the name of the attending veterinarian and the date and location at which the procedure was performed.  The record would be kept as long as the wound or incision site is unhealed and would be transferred with the dog during that period of time.    

With respect to tail docking or cropping, veterinarians would be prohibited from performing the procedures on animals from five days to 12 weeks old unless in the veterinarian’s professional judgment the procedure is medically necessary for the health and welfare of the dog. 

The bill now goes back to the House.

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            The Senate unanimously approved House Bill 1419, which appropriates $43.2 million to fund the administrative costs of the Public School Retirement System (PSERS) for fiscal 2009-10. The bill was enacted as Act 2A of 2009.

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            The Senate unanimously approved House Bill 1420, which appropriates $27.7 million to fund the administrative costs of the State Employees Retirement System (SERS) for fiscal 2009-10 fiscal year. The bill was enacted as Act 3A of 2009.

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The Senate unanimously approved House Bill 1421, which appropriates: $35.1 million to the Professional Licensure Augmentation Account; $8.3 million to State Board of Medicine; $1.4 million to the State Board of Osteopathic Medicine; $322,000 to the State Board of Podiatry; and $526,000 to the State Athletic Commission $526,000. The bill was enacted as Act 4A of 2009.

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The Senate unanimously passed House Bill 1422, which transfers $72.2 million from the Workmen’s Compensation Administration Fund to the Department of Labor and Industry to administer the Workers’ Compensation Act and the Pennsylvania Occupational Disease Act for fiscal 2009-10. The bill also appropriates $190,000 from a restricted revenue account within the Workmen’s Compensation Administration Fund to the Office of the Small Business Advocate within the Department of Community and economic Development. The measure was enacted as Act 5A of 2009.

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The Senate unanimously approved House Bill 1423, which appropriates $52.6 million to fund the Pennsylvania Public Utility Commission and its commissioners. The bill was enacted as Act 6A of 2009.

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The Senate unanimously approved House Bill 1424, which appropriates $5.1 million through the Office of Attorney General to the Office of Consumer Advocate for fiscal 2009-10. The bill was enacted as Act 7A of 2009.

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The Senate unanimously approved House Bill 1425, which appropriates $1.040 million from a restricted revenue account in the General Fund to the Office of Small Business Advocate within the Department of Community and Economic Development. The earmark represents a $20,000 increase over the previous year. The measure was enacted as Act 8A of 2009.

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The Senate voted 45-1 in favor of House Bill 1663, which would make appropriations from the State Gaming Fund to the Gaming Control Board, the Department of Revenue, State Police and the Attorney General for fiscal year 2009-10.

Prior to the vote, the Senate Appropriations Committee cut each of the earmarks by 5 percent, as suggested by the governor. Under the amended bill, the Attorney General would receive $914,000, the Department of Revenue would get $9.7 million, the State Police $16.6 million, and the Gaming Control Board $31.6 million. 

            The bill now returns to the House for possible concurrence.

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The Senate unanimously passed Senate Bill 168, which would allow boroughs to participate in electric generation projects and enter into power supply arrangements in order to secure a reliable, reasonably priced power supply for their customers.

The bill now moves to the House for consideration.

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The Senate unanimously passed legislation that would update the Emergency Medical Services System Act. 

            Under Senate Bill 240, the Department of Health would plan, guide and coordinate programs to promote effective and efficient operation of a statewide and regional EMS system. The department will be the lead agency for the EMS and would be authorized to coordinate a program for planning, developing, maintaining, expanding, improving and upgrading the EMS system, as well as establish standards and criteria governing the awarding and administration of contracts and grants for initiation, maintenance and improvement of regional EMS system.

            In addition, a Pennsylvania Trauma Systems Foundation would be created to develop a private voluntary accreditation program.

            A State Advisory Board would also be created that would be composed of volunteer, professional and paraprofessional organizations involved in EMS. The department, with the assistance of the board, would prepare a Statewide EMS system plan and make available to the General Assembly and all concerning agencies.

            The bill now goes to the governor.

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The Senate unanimously concurred in House amendments to legislation that is part of the ongoing updating of 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.”

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