For Editorial Background

 

The 1999-2000 legislative session was notable as much for the scandals that enmeshed members of the General Assembly as for legislative activity.  Legal troubles forced the resignations of two members of the Senate, including the Majority Leader. Anticipation of the November election prevented the Republican majority from tackling controversial issues, resulting instead in one-time rebates, grants and tax breaks. The Homeowner's Century Tax Rebate, (see HB 980, Budget and Finance) for example, was a one-time, $100 payment to homeowners, based upon the more comprehensive Democratic Home-STAR proposal. Millions of dollars in administrative costs could have been avoided, as could the frustration of homeowners over lost applications, a crashing website and jammed telephone lines, had the Home-STAR plan been adopted.

While Senate Democrats lamented the lack of funding for continuing property tax relief for homeowners and for early childhood education, they overwhelmingly supported the $20.2 billion budget, which included $444 million in tax cuts (see SB557, Budget and Finance) Most significant among these is a $108.5 million cut in the Capital Stock and Franchise Tax that lowers the rate from 11.99 to 10.99 percent. The tax will be phased out over 10 years.

Legislation that allowed the state to take over poorly-performing school districts (see SB 652, Education) was perhaps the most controversial action the Senate took during the session.

Many  Senate Democrats objected not only to stripping elected school board members - one member called the act "Educational Disempowerment" -  but also to the "stealth" manner in which Republican leaders rushed the bill through the General Assembly, bypassing the committee process.  The chairs of all four Education Committees opposed the bill. The legislation resulted in a legal battle in the city of Harrisburg, one of the districts addressed in the bill,  and led to subsequent legislation (see SB 1403, Education) which allowed the city to take over the school district immediately.

The Senate overwhelmingly approved a landmark environmental protection plan, known as "Growing Greener," (see HB 868, Environmental Resources and Energy). Senate Democrats helped expand Governor Tom Ridge's original proposal to reshuffle $425 million among the state's environmental programs into an unprecedented $650 million investment in the protection and enhancement of Pennsylvania's natural resources.

The General Assembly  also approved legislation that places the Pennsylvania Interscholastic Athletic Association (PIAA) under the oversight of a committee of administrators, coaches and legislators (see SB1403, Education). The new law also mandates several reforms and provides for the possible dissolution of  the PIAA after two years if its operation is found to be unfair or inefficient.

Other significant legislation passed in the 1999-2000 session included the establishment of the  Penncrisis Small Disaster Assistance Fund (see SB1135, Agriculture and Rural Affairs) to make loans to disaster victims, and additional financial relief to farmers affected by the previous year's drought (see SB 1417, Agriculture and Rural Affairs), sweeping changes in municipal land use planning (see HB 14 and SB 300, Local Government) and a $25 million grant program for volunteer fire and ambulance companies (see HB 2262, State Government).

 

December 2000

                     

INDEX

        PAGE

Aging and Youth....................................................................................      47-48

Agriculture and Rural Affairs.................................................................      17-19

Banking and Insurance............................................................................     35-36

Budget and Finance.................................................................................     1-6

Community and Economic Development.................................................    45-46

Communications and High Technology....................................................    36        

Consumer Protection and Professional Licensure.....................................    32-34

Education.................................................................................................    6-12

Environmental Resources and Energy......................................................    19-20

Game and Fisheries.................................................................................     50-51

Judiciary..................................................................................................    20-30

Labor and Industry..................................................................................     37-38

Law and Justice.......................................................................................    15-16

Local Government..................................................................................     38-44

Military and Veterans Affairs.................................................................     44-45

Public Health and Welfare......................................................................     48-49

State Government..................................................................................      12-15

Transportation.......................................................................................      30-32

Urban Affairs and Housing....................................................................      51-52

Legislation is coded as follows:

*           Senate passage

**          Senate and House passage

***        Became law

V          Vetoed by governor

Budget and Finance

 

***  1999-2000 Budget - A $19 billion state budget (HB 980) that increases spending by nearly $1 billion and cuts taxes by nearly $400 million was signed into law as Act 1A on May 5, 1999.

Budget negotiations were eased by a growing surplus that reached more than $772 million by the end of the 1998-99 fiscal year.  Still, many Democratic legislators, and some Republicans, criticized the budget for failing to take advantage of the state's strong economy.  Education spending came under fire in both the Senate and House of Representatives.  The budget includes $42 million in additional special education funding but school districts say the increase doesn't come close to meeting their costs.

Also included in the budget is $64 million for the governor's controversial school voucher program, which has not been approved by the General Assembly.  Critics said the voucher money could be better used for special education costs or programs to reduce class sizes, or to boost basic education subsidies, which will increase by less than 3 percent in the 1999-2000 fiscal year.

While the budget is similar to the spending plan proposed by Governor Ridge in February, it includes funding for two programs the governor wanted to eliminate.  Legislators refused to go along with the governor's plan to cut $46 million in local sewer subsidies.  They also rejected the governor's effort to charge some communities for state police protection.

Other notable additions to the governor's budget proposal include $43 million in additional funding for farmland preservation, $22 million for school safety initiatives and $85 million (up from $45 million this year) for community development efforts.

Two Democratic senators voted against the budget.  One was harshly critical of the budget's failure to adequately address child care needs.  The Ridge Administration recently increased co-payments for subsidized child care despite large budget surpluses in the Welfare Department.  The other dissenting senator said his vote was prompted not by what the budget did, but by what it failed to do.

House Bill 980 was approved in the House by 141-58 margin.

 

***  Tax Cuts - Legislation that authorizes nearly $400 million in tax cuts, mostly directed at businesses, was approved by wide margins in the Senate and House.

Senate Bill 557 -- a conference committee report that was not open to amendment -- was signed into law as Act 4 on May 12, 1999.

Democrats supported the measure but maintained that the state's growing budget surplus should have been used to provide tax relief to homeowners.

For the fifth consecutive year under the Ridge Administration, business is the big winner in the budget process and takes home the lion's share of tax reductions.  Many of the tax changes are retroactive to January 1, 1999.  Tax reductions contained in Senate Bill 557 include:

 -- an $80.3 million reduction in the Corporate Net Income Tax that changes the net operating loss carry forward from $1 million to $2 million;

-- a $108.5 million cut in the Capital Stock and Franchise Tax that lowers the rate from 11.99 to 10.99 percent;

-- an $8 million reduction in the Sales and Use Tax that eliminates the tax for fruit processors and on certain equipment and construction materials;
-- a $78.8 million cut in the Utility Gross Receipts Tax that eliminates the tax on home use of natural gas;
-- a $54.6 million change in the Public Utility Realty Tax that will exempt electricity generating plants from the tax beginning in the next fiscal year;
-- a $300,000 Small Brewers Tax Credit; and
-- a $6.8 million Coal Waste Gasification Credit available to developers who build facilities that turn coal slag or culm into sulphur, steam or liquefied diesel fuel.

The bill also includes a $36 million expansion of the poverty forgiveness exemption under Personal Income Tax and eliminates transferring money from the Lottery Fund to the General Fund to pay the income tax on lottery prizes.

 

***  Stadium Financing Approved - The first new law of the 1999-2000 legislative session was designed to breathe new life into four of Pennsylvania's professional sports teams.  On Feb. 9, 1999, the governor signed Act 1 providing $320 million in state subsidies to help build new stadiums for the Pirates, Steelers, Phillies and Eagles.

Similar legislation was approved by the Senate during the final days of the 1997-98 session but died in the House, where many members objected to subsidizing wealthy team owners and players

Senate Bill 10 is a compromise produced by extensive negotiations between the Ridge Administration, legislative leaders and team owners.  It guarantees that the state will collect at least $300 million in additional tax revenue over the next 30 years.  If the tax revenue falls short, team owners will have to make up the difference.

Another provision of the law provides $330 million in new spending for development projects throughout the state.  That money -- and the choice of projects -- will be controlled by the governor.

Under Act 1, the state will borrow funds and provide one-third of each stadium's cost -- between $75 and $85 million for each team.  Pittsburgh and Philadelphia will own the stadiums and also provide one-third of the total cost, with the teams making up the final portion.  The state will not be responsible for any costs resulting from construction delays or overruns.

The teams will be required to sign 30-year leases for their new facilities and will be required to repay the state subsidy if they leave early.

 

***  Cigarette Prohibition - Legislation that prohibits the sale of gray market cigarettes in Pennsylvania and allows a finder's fee for people who track unclaimed property held by the Commonwealth was signed into law as Act 66 on Dec. 15, 1999.

House Bill 1569 imposes a civil penalty of up to $2,500 on anyone convicted of selling unstamped,  tax-free cigarettes intended for sale only to foreign countries, Puerto Rico and the Virgin Islands.   

The bill also permits professional tracers to charge a fee of up to 15 percent of the value of property they retrieve for the owner through the state's Abandoned and Unclaimed Property program.  Under the bill, the state Treasurer will be required to publish the information of abandoned property in a newspaper in the county of the last known address of the owner.

 

***  Capital Stock and Franchise Tax - Legislation that temporarily halts a $700 million tax increase for Pennsylvania businesses was signed into law as Act 63 on Dec. 15, 1999.

Manufacturers whose operations are based solely in Pennsylvania currently enjoy an exemption for property and payroll under the state's capital stock and franchise tax.  The state Supreme Court ruled that the exemption is unconstitutional because only Congress can regulate interstate commerce and sent a suit challenging the exemption to Commonwealth Court for further review.  A Commonwealth Court judge ruled that the exemption does not meet Constitutional tests and said a remedy would have to come from the General Assembly.

House Bill 1848 permits all manufacturers to use payroll and headquarter assets in calculating tax exemptions.  The bill also extends the Employment Incentive Payment Credit program.  

A sunset amendment was added to the bill that will end the tax changes on Jan. 1, 2001.

 

V  Purchasing Credits for Early Retirement - Pennsylvanians who served in the Cadet Nurse Corps or the United States Peace Corps would have been eligible to purchase state credit for early retirement purposes under legislation approved by the House and Senate.

Senate Bill 309 required at least one year of training or service in either organization to buy back up to three years in the retirement system.  The measure also added a provision that would have permitted annuitants to include people employed, under separate contract, by any Commonwealth school district.

The governor rejected the bill (Veto 2) on June 25, 1999.

 

***  2000-2001 Tax Cuts - The legislature approved Senate Bill 2 which provides $444 million in tax cuts for the fiscal year beginning June 31, 2000.

The rate on the Capital Stock and Franchise Tax drops this year by 2 mills and the $200 minimum tax is eliminated completely.  The entire tax will be phased out over a ten year period.  Businesses will save $289 million this year.

More low-income people will be exempt from the Personal Income Tax this year due to an expansion of the provisions for poverty forgiveness.  Income levels for eligibility will increase by $1,000 for each dependent, up to $7,500.

Two separate one-week periods during the next 12 months will be designated as a sales tax-free holiday for consumers who purchase retail computers.  The program is designed to stimulate the many computer related industries  the Commonwealth by making computers more affordable.  Also, mobile homes will be exempt from sales tax and will now be treated in  the same manner as modular homes, which are taxed under the state's Realty Transfer Tax at 2 percent instead of 6 percent.

The tax bill also:

-- reduces the Inheritance Tax from 6 percent to 4.5 percent on inheritances by direct descendants.  The tax on inheritances by siblings is reduced from 15 percent to 12 percent and the tax on inheritances from children to parents is eliminated;
-- grants a manufacturing exemption for fertilizer processing from the Capital Stock and Franchise Tax and Sales Tax;
-- exempts from Sales Tax the maintenance and repair of air conditioning and cooling equipment;
-- exempts clothing patterns from Sales Tax; and
-- eliminates a double tax on phone service under the Utility Gross Receipts Tax.

The bill was signed into law on May 24, 2000, as Act 23.

 

***  PA Municipal Retirement Law - House Bill 164 amends the state's municipal retirement law by allowing certain administrative expenses be paid from the Pennsylvania Municipal Retirement Fund. Administrative expenses not covered by assessments made against each municipality will be covered by interest earnings in the retired members reserve accounts.

The bill was signed into law on May 10, 2000, as Act 15

 

 ***  Keystone Opportunity Zone - House Bill 2498 expands the two-year old Keystone Opportunity Zone (KOZ) program by creating 12 new zones in urban areas of the Commonwealth and adding finance and insurance companies to the list of businesses eligible for the program.  Further, the measure extends the program through 2013.

 The bill was signed into law on Dec. 20, 2000, as Act 119.

 

***  Standardized Banking Procedures B Act 72 of the state=s Fiscal Code will be amended to standardize procedures for pledge of assets to secure deposits of public funds to banks.  House Bill 2800 also limits the types of collateral an institution authorized to hold public funds may pledge as collateral to secure the funds.

The governor signed the bill into law as Act 139 on Dec. 20, 2000.

 

***  Exempting Sales Tax on Farm Assets  B Legislation was approved that would exclude certain assets held by Commonwealth farmers from the Local Tax Enabling Act of 1998.

Under Senate Bill 390, the definition of net profits would be changed so that gains made through the sale of farm assets such as machinery and livestock held at least one year, interest on investments or any other capital asset are not subject to provisions of the act.  The change would be retroactive to Jan. 1, 1998.

The House amended the bill to include a 4 percent cap on the amount of amusement or admissions tax that may be collected by a local governing authority.  The measure stipulates that if the tax collected by an authority exceeds the 4 percent cap, it must be reduced over a four-year period beginning January 1, 2001.  School districts that collect such taxes would be required to phase out the tax over a four-year period.  Pittsburgh and Philadelphia are excluded from the cap.

The bill would also restrict the tax base for automobile racing facilities to 40 percent of the cost of admission.  Local governments would be reimbursed by the facility operator for costs in excess of taxes collected. 

The governor signed the bill into law on Dec. 20, 2000, as Act 110.

 

 **  Municipal Police Pension Law B House Bill 1639 would amend the state=s Municipal Police Pension Law allowing, among other things,  a surviving spouse to continue receiving benefits even if the spouse remarries, or a surviving child to continue receiving benefits until the age of 23 if the child attends college.

The Senate approved the measure with amendments and returned it to the House where no further action was taken before the end of session.

 

*  Removing Fire Company Membership Requirement B The Senate approved legislation (SB 127) that would remove the one-year membership requirement for an individual to become a Abona fide member@ of a volunteer fire company, ambulance service or other similar organization so that new members may participate in bingo fund raising activities.

The bill was referred to the House Finance Committee.

 

*  Special Raffle Permit B The Senate approved legislation that would amend the state=s Small Games of Chance Act to increase the total cash value of prizes awarded under the A special permit@ section of the law.

Senate Bill 648 would allow any organization with a permit to award prizes in excess of $500 to increase the total cash value of awards from $25,000 to $100,000.  Organizations eligible to receive a special raffle permit would be entitled to only two per year.

The bill was sent to the House Finance Committee.

 

*  Revenue Collection Dates B The Senate approved legislation (SB 714) which permits the Secretary of Revenue  to change the due date of money collected by counties for the state, from the fifth day of each month, to any date deemed necessary.

The bill awaits action in the House.

 

*  Retirement Credits B  Senate Bill 1093 would permit certain employees of the Delaware River Joint Toll Bridge Commission to purchase service credits in the Pennsylvania employee retirement system was approved unanimously by the Senate.

The House took no action on the bill before the end of session.

 

*  Retirement Caps -- The Senate approved legislation to remove the cap used in calculating average salaries for the purpose of computing benefits and contributions by employers= and employees= paying into the retirement system of Allegheny County.

Senate Bill 1101, which amends the Second Class County Code, also clarifies that the Home Rule Charter of Allegheny County will not impact on how the pension fund is structured.

The bill was sent to the House where it was given first consideration then removed from the table June 12.

*  Work Residency -- The Senate approved legislation that would prohibit any municipality or authority from entering into a contract or project that mandates that a percentage of workers be residents of a specific municipality. 

If signed into law, Senate Bill 1169 would be retroactive to February 9, 1999.  The legislation and its effective date were designed to offset a ballot referendum approved by voters in the City of Pittsburgh, and supported by City Council members, that requires 35 percent of all jobs on publicly funded construction projects greater than $200,000 go to city residents.

The bill was given first consideration by the House then tabled on June 13, 2000.

 

*  Transportation Costs Tax Deduction B The Senate approved a bill to allow for the exclusion of qualified transportation fringes (money reimbursed by an employer to employee for work related transportation costs or parking) from the definition of compensation for state personal income tax purposes.

Senate Bill 1188 would be effective retroactive to tax years beginning after December 31, 1998.

The bill was sent to the House for consideration.

 

*  Manufacturers Exemption B Legislation (SB 1200) which would make technical changes to the tax code,  addressing concerns about the constitutionality of the manufacturing exemption, was approved by the Senate.

The bill, which was sent to the House for consideration, would make uniform definitions regarding businesses within and outside of Pennsylvania for purposes of tax deductions under the manufacturers exemption code.           

 

*  Tax Code Repeals B Legislation was approved by the Senate which would repeal certain acts under the state=s tax code.

Senate Bill 1202 eliminates sections of the code that were passed in 1868 through 1872 and are obsolete.

The bill has been sent to the House.

 

*  Taxpayers Rights Advocate -- The Senate approved legislation to repeal the Dec. 31, 2000, expiration date of the Taxpayers Bill of Rights.

Senate Bill 1410 would also make permanent a Taxpayers Advocate office.

The bill has been forwarded to the House.

 

Education

 

***  Teacher Continuing Education B A continuing professional education program was  established for certified teachers and administrators and for non-certified full time teachers and administrators in charter schools under legislation unanimously approved by the Senate and signed into law as Act 48 on Nov. 23, 1999.

House Bill 8 requires 180 hours of continuing professional education every five years.  The requirement can be met with six credits of collegiate studies, six credits of professional education courses, 180 hours of continuing professional education activities or learning experiences or through a combination.  It applies to all people with Pennsylvania teaching or administrative certification and to all non-certified, full-time teachers and administrators in charter schools.

Those who don=t meet continuing education requirements will be placed on inactive certification status and could not teach full-time in public or charter schools.  Each school entity will have to establish a professional education committee and prepare a professional development plan.

 

***  Removing Cap on Educational Grants B Legislation to remove the cap on grants awarded by the Pennsylvania Higher Education Assistance Agency  (PHEAA) was signed into law as Act 13 on June 22, 1999.

Senate Bill 442 authorizes PHEAA to make an annual determination of the allowable maximum award based on available funds.  Awards had been capped at $3,000.

 

***  Science and Technology Scholarships B Legislation that will provide scholarships to Pennsylvania students entering the fields of science and technology was signed into law on June 23, 1999, as Act 22.

Senate Bill 900 establishes two new scholarship programs within the Pennsylvania Higher Education Assistance Agency (PHEAA).  Sci-Tech scholarships will provide up to $3,000 per year to eligible applicants who have completed one full year and continue to be enrolled full-time in a school with approved bachelor degree programs.

The GI Bill for the New Economy scholarships will be awarded to eligible applicants who work full-time for Pennsylvania employers while enrolled part-time in private licensed schools. It will also apply to schools that award associate degrees or students enrolled full-time in those schools.  Students working full-time can be approved for as much as 20 percent of their tuition and full-time students may receive up to $1,000 per year for a three-year maximum.

Both scholarships require the student be a state resident, maintain a 3.0 grade average and enter into a contract with PHEAA to work a specified period for a Pennsylvania employer after graduation.

 

***  New Funding Formula for Libraries B Legislation was signed into law that will change the state funding formula for Commonwealth libraries and library systems.  The measure became Act 37 on June 26, 1999.

House Bill 17 makes significant changes to seven formulas currently used to determine the distribution of funds under the state=s Library Code.  The changes will ensure all libraries will be funded at the same level as fiscal year 1998-99. Under the measure, libraries will also be eligible to qualify for part of an additional $17 million in state aid that was added to the 1999-2000 General Fund Budget. 

 

***  Safe and Secure Schools Program B Legislation that will create a Safe and Secure Schools program to enable school districts to purchase equipment, provide special services and develop programs to enhance school safety was signed into law as Act 36 on June 26, 1999.

House Bill 456 also helps schools develop a link with community based mental health services and develop procedures for proper and immediate access to mental health programs for students who are at risk for violent behavior.

 

***  Technical Science Scholarships B Both the Senate and House approved legislation to amend the New Economy Technology Scholarship Act of 1999, which directs the Pennsylvania Higher Education Assistance Agency (PHEAA) to provide scholarships and low-interest loans to eligible students who major in technical science.

House Bill extends eligibility requirements to students who pursue postgraduate degrees.  

The bill was signed into law as Act 51 on June 22, 2000.

 

***  Education Empowerment Act B Eleven Commonwealth school districts, where fifty percent of the students scored below basic levels in math and reading, will receive additional state aid under legislation approved by both the Senate and House.

The measure (SB 652) creates the Education Empowerment Act, which authorizes the state to takeover the operation of schools with a history of low Pennsylvania System of School Assessment (PSSA) test performance.

Under the act, the Department of Education will annually develop a list of A distressed@ school districts, then establish a three- to six-member Academic Advisory Team to assist in the development of a plan to improve the level of student performance and the management and operation of the district.  The school district will then establish an eleven-member School District Empowerment Team to work with the state Education Department=s academic advisory team to implement the plan.

The act initially targets school districts in Allegheny, Beaver, Dauphin, Delaware, Lancaster, Philadelphia and York Counties.  Only Harrisburg=s mayor was permitted by the new law to appoint an empowerment panel for the city school district. That authority, however, has been challenged by the Harrisburg City School Board as unconstitutional and is currently working its way through the state judicial system.  All other districts will fall under the authority of the state Secretary of Education.

Up to $25 million in additional state funding has been appropriated for the eleven school districts, with Philadelphia earmarked for the bulk ($16.3 million) of the money.

The bill, which amends the Public School Code of 1949, addresses a litany of other education issues, highlights of which include:

C Intermediate Unit auxiliary services;

C school lunch and breakfast reimbursement;

C expenditures for exceptional students;

C basic education grants;

C Vo-Tech capital reserve fund;

C educational equipment grants;

C basic education funding formula;

C special education payments to districts; and

C school performance incentives.

The bill was signed into law as Act 16 on May 10, 2000.

 

***  Non-smoking rules for teachers B Teachers and support staff must forfeit their smoking lounge under legislation signed into law as Act 128 on Dec. 20, 2000.

House Bill 819 prohibits the possession of tobacco by pupils in school buildings and school vehicles, and the use of tobacco by school as employees or visitors unless in a designated smoking areas no less than fifty feet from school building, stadiums or bleachers.

 

***  Professional Standards and Practices Commission B House Bill 2189 extends the disciplinary jurisdiction of the Professional Standards and Practices Commission to include teachers and professional staff of charter schools. The bill, signed into law as Act 123 on Dec. 20, 2000,  defines complaint procedures regarding sexual abuse and sets the statue of limitations within seven years after the student reaches the age of 18; requires automatic suspension of a teachers certificate if indicted for a crime involving moral turpitude and if the teacher poses a threat to the health, safety or welfare of the school community; provides other certification revocation criteria and makes technical changes to the current law.

 

***  PIAA  Accountability B A major over-haul in its operations is slated for the Pennsylvania Interscholastic Athletic Association (PIAA) under legislation signed into law by the governor as Act 91 on Nov. 22, 2000.

Senate Bill 1403 creates a 17-member oversight committee consisting of administrators, coaches and legislators to bridle what had been PIAA=s unrestricted authority.  The new law also calls for several reforms by the PIAA including switching to a competitive process for selecting sites for championship games and eliminating the A restitution rule,@ which requires school districts that lose court cases against the PIAA to pay the association=s legal fees.  Further, the law provides that the PIAA will be abolished after two years if it is found to be operating inefficiently or unfairly.

The new law also includes a provision that allows the immediate take-over of city schools by the mayors of Harrisburg and Chester.

 

**  Read to Succeed Program B Legislation was approved by the House and Senate that would provide funding for the Read to Succeed Program.

Senate Bill 652 also addresses transportation on public school buses for charter school students, the accounting and reporting of exceptional students to the Department of Education, temporary certification of substitute teachers and grant programs for public and charter school students.

The bill is awaiting Senate concurrence in House amendments.

 

*  Exempting Seminars from Fees B The Senate approved legislation (SB 18) that would amend the state=s Private Licensed Schools Act to exempt seminars from license and fee requirements.

The bill was sent to the House.

 

*  Good Samaritan Immunity B Legislation that would establish a Good Samaritan immunity for school employees was approved by the Senate.

Senate Bill 332 creates a uniform definition of violence and requires the development of consistent drug and alcohol policies for all school districts.  It would also require the state Board of Education to uniformly enforce drug and alcohol policies and train counselors and teachers to identify drugs and students who abuse them.

The bill awaits House consideration.

 

*  Student Conduct Codes B The Senate unanimously approved legislation that would require all Pennsylvania school districts to develop consistent codes of student conduct and to provide them to teachers, administrators, students and parents or guardians of each student in writing.

Under Senate Bill 925,  the codes would include a summary of acceptable student behavior, define unacceptable behavior and establish specific penalties for policy infractions.  A procedure would be established for reporting serious incidents to local law enforcement agencies and parents of disruptive students; types of violations that must be reported to law enforcement agencies would be defined; three levels of behavior that constitute a code of conduct violation would be established and civil immunity would be provided for school employees in certain situations involving disruptive students.

The bill was referred to the House Education Committee.

 

*  School Discipline B Legislation that would aid school districts in handling student disciplinary situations was approved by the Senate.

Senate Bill 926 would require all school districts in the Commonwealth to develop clear policies to involve parents in school discipline for disruptive students.

The bill was referred to the House Education Committee.

 

*  Conflict Resolution Course B Legislation (SB 927) that would require all teachers to complete a training course every five years in classroom management and conflict resolution and to be trained to identify substance and abuse problems was approved by the Senate.

The bill was sent to the House Education Committee.

 

*  Reporting Student Violence B The Senate approved a bill (SB 928) that would require mandatory reporting of all acts of student violence to law enforcement agencies.

 The bill was referred to the House for consideration.

 

*  Citizens School Safety Committee B Legislation that would require Pennsylvania school districts to create citizens school safety committees was approved by the Senate.

Senate Bill 929 also addresses collective bargaining between teachers and officials in the Philadelphia School District.

The measure was sent to the House.

 

*  Safe Schools Grants B The Senate approved legislation (SB 931) that would permit the use of Safe Schools Grants for security planning, student conduct codes and student counseling services.

The bill is currently in the House Education Committee.

 

*  Increasing Safe Schools Grants B Legislation that would increase state funding for the Safe Schools Grants program was approved by the Senate.

Under Senate Bill 932, the state could also provide technical assistance on alternative education programs to school districts for children who have violated school policies on weapons, alcohol and drugs or violence.

The bill is currently awaiting consideration in the House.

 

*  Partnerships for Alternative Education Program B The Senate approved legislation that would create a Partnerships for Alternative Education Program.

Senate Bill 933 would define eligibility for application into the program and establish grant awards.

The bill was sent to the House.

 

*  Terrorist Threat Policy B Pennsylvania=s public schools would be required to develop a terrorist threat policy under legislation approved by the Senate. 

Senate Bill 934 would also require schools to enforce penalties on students who violate the policy.

The bill was sent to the House.

 

*  Anti-violence Curriculum -- Legislation that would create an anti-violence curriculum in public schools and provide instruction to students on non-violent behavior and conflict resolution was approved by the Senate.

Senate Bill 945 would also require anti-violence, in-service training for all teachers in conjunction with the state Attorney General, state police and Department of Health.

The bill has been sent to the House for consideration.

 

*  School Lunches B The Senate approved a measure to increase the amount of reimbursement to schools that offer breakfast and/or lunch programs to students.

Senate Bill 955 increases from $.06 to $.10 the state reimbursement on each lunch or breakfast served.  The bill also includes a supplemental reimbursement of $.04 for schools which offer both meal programs to at least 20 percent of its students.

The measure awaits House action.

 

*  PIAA Oversight Council B The Senate approved legislation to establish the Pennsylvania Interscholastic Athletic Oversight Council.           

Senate Bill 1403 was designed to oversee and limit much of the PIAA's authority and is the outcome of an investigation of the PIAA by a special Senate committee earlier this year.

The proposal would establish a 21 member council,  set policy for interscholastic athletics, require the state Board of Education to develop eligibility rules for interscholastic athletic programs with recommendations from the council and establish a state athletic eligibility appeal board to hear eligibility cases.

The bill has been sent to the House for consideration.   

 

*  Displaced Homemakers B The Senate unanimously approved legislation to create the Displaced Homemaker and Single Parent Self-Sufficiency Act.

Senate Bill 1262 would authorize the maintenance and operation of multipurpose service centers for job counseling; training; educational and job placement services; referrals; financial management services; and out-reach and information services for displaced homemakers and single parents.  The bill further provides for the Department of Education to oversee the program and appropriates $3.7 million from the General Fund.

The bill was sent to the House where no further action was taken before the end of session.

 

*  Adult Literacy Programs B The Senate unanimously approved Senate Bill 1560, which adds family oriented programs to the Pennsylvania Adult Basic and Literacy Education Act.

The bill was sent to the House, which took no action before adjourning.

 

State Government

 

***  Setting a Minimum for Petition Signatures B Legislation that requires candidates for district county council seats in Allegheny County to obtain a minimum of 250 petition signatures was approved by the Senate and House and signed into law on Feb. 10, 1999, as Act 2.

Senate Bill 273 amends the state Election Code in Second Class counties to correct an oversight that -- under previous law -- required prospective county council candidates to collect only 10 signatures.

 

***  Speaker Matt Ryan Building B The Capitol Annex Building was renamed after Pennsylvania=s current Speaker of the House under legislation signed into law as Act 16 on June 22, 1999.

Senate Bill 1000 designates the marble and granite structure as the Speaker Matthew J. Ryan Legislative Office Building,@ and makes provisions for use of the building.

 

***  Prohibiting Abrupt Closings B Approval was given to legislation that will prohibit the abrupt closing of mental health and mental retardation facilities by the state Department of Public Welfare.

House Bill 319 requires the welfare department to hold a public hearing within 30 days of the announcement of a facility closing and to consider specific effects the closing would have on patients and the community.  A public hearing will be required in the county where a facility is located before the patient‑to‑staff  ratio can be reduced by more than 10 percent.

The bill halts any closing decisions made by the department after Dec. 31, 1997, so that the proposed closing of Western Center in Washington County can be re-evaluated.

The bill was signed into law as Act 3 on April 28, 1999.

 

***  Fire Information Reporting B Fire companies can obtain a one-time state loan to help them participate in the Pennsylvania Fire Information Reporting system under legislation signed into law as Act 32 on June 25, 1999.

House Bill 371 authorizes the state to grant low-interest loans of up to $2,000 to purchase computer equipment or hardware and software necessary to plug emergency organizations into the system.  The bill also provides loans for pre-owned fire equipment which meets national safety standards.

 

***  Primary Election Change B Legislation (HB 1981) to move Pennsylvania=s primary election to April 4, 2000, was signed into law as Act 51 on Nov. 16, 1999.   

The primary date, originally scheduled for April 25, was changed to avoid holding the election near Easter and other religious holidays. 

 

***  Volunteer Fire Grants B Legislation that provides financial relief to volunteer fire companies and ambulance services throughout the Commonwealth was signed into law as Act 66 on June 22, 2000.

 The bill (HB 2262) authorizes the state to grant $22 million for fire companies and $3 million for ambulance services to help renovate or build new firehouses, purchase equipment or reduce operating debts for financially troubled volunteer fire or ambulance organizations.

The new law will provide one-time grants through the Pennsylvania Emergency Management Agency (PEMA) in amounts ranging from $2,500 to $15,000.  Applications have been sent by PEMA to all 2,464 volunteer fire companies, and the deadline for returning applications to PEMA is September 1, 2000.   The only requirement necessary to be eligible for a grant is that the company must have responded to one or more emergencies in the last year.

 

 

V  Solicitation of Funds B Legislation (HB 1150)  which raises the audit and review thresholds for charitable organizations soliciting contributions in Pennsylvania from $100,000 to $125,000 was vetoed by the governor on Dec. 20, 2000, as Veto 1.

 

***  Contractors Bond Law B House Bill 1164, approved by the House and Senate  amends the Public Works Contractors= Bond Law to increase from $5,000 to $10,000 the minimum contract amount whereby municipalities must require bonding from bidders.

The bill was signed into law on Dec. 20, 2000, as Act 131.

 

***  Commonwealth Land Office B House Bill 1443 which was signed into law as Act 88 on Nov. 22, 2000,  permits vacant or unappropriated lands in Pennsylvania to be patented to the Commonwealth for State Forest or State Park purposes, and authorizes the Public Lands Commission to act as the Commonwealth land office.        

 

***  Hazardous Material Emergency Planning B The House and Senate approved legislation to amend the Hazardous Material Emergency Planning and Response Act.  House Bill 1728 reduces the time in which an owner or operator of a facility that supplies, manufactures, produces, uses, transfers, stores or distributes hazardous/extremely hazardous materials must report the presence of such materials to state and local officials from 60 days to 5 days.  It also requires such facilities to submit Material Safety Data Sheets (MSDS) to the Department of Labor and Industry, Emergency Planning Committee and local fire department within 5 business days after receiving hazardous/extremely hazardous material.

The measure also gives permanent authority for county governments to establish surcharge fees for hazardous materials stored at facilities within the county jurisdiction, a current provision of the law that is due to sunset on Feb. 1, 2001; assigns new responsibilities to the Pennsylvania Emergency Management Agency (PEMA); eliminates the existence of a PEMA-appointed advisory committee for hazardous material planning and response; and volunteer EMS organizations with a certified hazardous material response team up to $1,000 support funds when responding to a hazardous material emergency.

The governor signed the bill into law as Act 121 on Dec. 20, 2000.

 

***  Robert P. Casey Memorial B Legislation (HB 2668) which changes the name of the state=s Organ Donation Awareness Trust fund to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund,@ was signed into law on Dec. 20, 2000, as Act 120.

 

**  Public Works Contractors= Bond Law B A bill that permits other financial options for contractors and bidders who must provide a payment bond to secure public building or public improvement projects was approved.

House Bill 1161 was amended in the Senate but did not see final approval by the House before the end of session.

 

*  Firefighters= Memorial Sunday B The Senate approved legislation to designate the Sunday during Pennsylvania's Fire Prevention Week as Firefighters Memorial Sunday.

Senate Bill 1523 was not acted upon by the House before the end of session.

 

*  Keeping Election Districts Intact B Legislation that would prohibit the establishment, abolition, division or consolidation of election districts from Jan. 1, 2000, through March 31, 2002, was approved by the Senate.  Some exceptions would apply.

Senate Bill 1004 was drafted in response to necessary preparations for the Year 2000 census. 

The bill is currently in the House.

 

*  Legal Publications B The Senate voted  to exempt some publications from mandatory notification of public meetings in accordance with the Sunshine Act.

Senate Bill 715 would eliminate the requirement that legal newspapers be used to advertise public meetings.

The bill has been sent to the House.

 

*  A Bill of Rights Day Legislation (SB 903) approved by the Senate, would designate December 15 of each year as ABill of Rights Day.@

The measure has been forwarded to the House for consideration.

 

*  Notary Public B Senate Bill 1265 eliminates a current restriction that officers or directors of a bank or financial institution may not provide Notary Public services to the institution that employs them.  The bill also reinstates a prohibition that a notary public not act in transactions in which they have pecuniary interest. 

The bill was approved with amendments in the House but was not concurred in by the Senate before the end of session.

 

*  Board of Claims B The Senate approved legislation (SB 1440)  which increases the maximum allowable annual per diem for members of the state Board of Claims from $10,000 to $25,000 and provides for a yearly cost of living increase.

The bill is now before the House.

 

Law and Justice

 

**  Limited Defense for Underage Drinkers B Teenagers who are issued a citation for underage drinking would be limited in defending their actions under legislation unanimously approved by the Senate and House.

Senate Bill 255 would prohibit an offender from using a defense that the alcohol was consumed in an area other than the jurisdiction where the citation was issued.

The bill was amended in the House to provide for a  Asecond-degree misdemeanor@ for any state official or employee who provides computer access to mortgage companies or other lending institutions regarding the income or employment records of a state employee.

The Senate declared the House amendments unconstitutional because the amended language was written under the wrong section of Title 18.  The bill was returned to the House where it was corrected and returned to the Senate where it awaits final consideration.

 

***  Same Sex Partners Benefits B The Senate unanimously approved House Bill 115, which originally was a simple expansion of the definitions of  police departments and police officers to include railroad police, providing for their training and certification.

However, a Senate amendment to the bill exempts state-owned and state-related colleges and universities from municipal ordinances requiring health insurance coverage for same-sex domestic partners.  The amendment was prompted by a lawsuit against the University of Pittsburgh, which has refused to provide benefits for the same-sex partners of its faculty and staff despite a city ordinance requiring such provision.

The amendment, in which the House concurred, does not bar the colleges and universities from providing the benefits if they choose.

The bill was signed into law on Nov. 24, 1999, as Act 49.

 

***  Liquor Code Changes B The Senate approved  legislation that makes a number of revisions to the state=s Liquor Code.   The House concurred in Senate amendments to House Bill 1692, which was signed into law as Act 47 on Nov. 10, 1999.

The measure grew out of efforts by Luzerne County legislators to allow the sale of alcohol in the county=s newly completed, all-venue arena, set to open this month.  However, an omnibus amendment inserted by the Senate makes numerous changes to current law, mostly expanding the sale of alcohol throughout the Commonwealth.

In addition to Luzerne, the legislation permits the sale of beer and alcohol in eight other counties that have, or anticipate having, a multi-purpose arena or convention center seating 8,000 or more.

The liquor code expansion will also:

C issue a Anational event permit@ to the Republican National Committee for events at its convention in Philadelphia next year;

C allow nonprofit zoological institutions to receive a Aspecial occasion permit@ to serve alcohol at fund-raising and other related events;

C allow brewery pubs to sell wines made in the state and purchased from the winery or state stores;

C allow national veterans organizations such as American Legions to sell alcohol to active members of another club, as long as it is chartered by the same organization; and

C permit vineyards to use grapes grown within 150 miles of Pennsylvania, as long as the out-of-state grapes represent only 25 percent of the annual production.

 

***  Public Venue Liquor License B Senate Bill 1531 creates a Public Venue license so that alcohol may be sold at any stadium, arena, convention center, museum, amphitheater or similar structure in Pennsylvania with seating for at least 1,000 that is owned by an authority or is an art museum, or any structure that can seat at least 5,000 regardless of ownership.  The measure also defines operating guidelines for the Public Venue license holder, repeals ten different types of licenses and creates a Performing Arts Facility license which requires the facility have seating for at least 500.

The bill was signed into law as Act 141 on Dec. 20, 2000.

 

* Liquor Tax Repeal B The Senate voted unanimously to repeal a provision of the state=s Liquor Code that taxes the sale of wine by Pennsylvania manufacturers to consumers other than the Pennsylvania Liquor Control Board.

Senate Bill 1295 eliminates the tax which was paid by approximately 60 wineries last year.  Proponents say paperwork involved in submitting the tax creates a nuisance for businesses,  and note that collections in fiscal year 1998-99 amounted to only $38,105.

The bill was sent to the House for consideration.

 

* Limited Defense for Underage Drinkers II B The Senate approved legislation that would eliminate a possible defense for underage drinking violations.

Under Senate Bill 824, people cited for underage drinking in one jurisdiction could not use as a defense the fact that their drinking may have occurred in another jurisdiction.

The bill is in the House Judiciary Committee.

 

 

Agriculture and Rural Affairs

 

***  Drought Aid For Farmers B Legislation that will allocate $65.6 million to help farmers affected by the drought of 1999, was unanimously approved by the Senate and signed into law as Act 57 on Dec. 13, 1999. The bill will also provide $15 million to help flooding victims.

Senate Bill 1135 creates a Drought Emergency Grant Program and allocates $60 million to the state Agriculture Department for disbursement to farmers who can prove the 1999 drought caused the loss of 30 percent or more of their crop.  Each farmer could receive a 20 percent reimbursement for the cost of seeds and plants and another 20 percent reimbursement for the cost of fertilizer and lime.

The bill also provides $5.6 million to reimburse farmers who purchase Federal Crop Insurance and creates a $2 million orchard indemnity to be used by farmers who lost their crop to Plum Pox Virus.

Additionally, the bill creates the Penncrisis Small Disaster Assistance Fund and provides $10 million in low-interest loans to individuals, businesses and municipalities that  suffered losses due to a natural disaster such as floods or hurricanes after July 1, 1999.  Loans will be granted for uninsured losses under $2 million in amounts ranging from $7,500 to $25,000.  The program will end on June 30, 2000.

The bill also allocates $5 million for a Supplemental Individual Assistance Program for flood victims.  The money would allow the state to qualify for additional federal disaster aid.

 

***  Northeast Interstate Dairy Compact B