Aging and Youth

            The Senate unanimously approved Senate Bill 63. The legislation, known as “Kristen’s Law,” would require child welfare agencies to keep a recent photograph with the child’s case file at all times.  The Democratic-sponsored bill was introduced to prevent the kind of abuse that 4-year-old Kristen Tatar endured in her starvation death in Kittanning, Armstrong County, in 2003. Her parents locked her in the attic without food or water for five days. Her emaciated body was found in a small cooler thrown out with the trash. The child weighed only 11 pounds at the time of her death. 

            Since no photograph was included in Kristen’s case file when her case was transferred between agencies, it is believed that a caseworker -- who visited Kristen’s new home just weeks before her death -- mistakenly identified another child as Kristen.

            The bill is now in the House.

            The Senate unanimously passed Senate Bill 86, which would allow for the opening of a child abuse investigation in the child’s county of residence even if the alleged abuse took place outside of Pennsylvania.

            The bill would also require that the home county be provided a copy of any child abuse report submitted to another state’s child protective services bureau.  The information would be shared within seven days of the completion of the investigation.

            The bill was signed into law as Act 43 of 2005.

Agriculture and Rural Affairs

            By a 49-1 vote, the Senate approved House Bill 1646, also known as the Agriculture, Communities, and Rural Environment (ACRE) initiative. The law is intended to help Pennsylvania farmers avoid drawn-out legal disputes over “factory farms” and other local ordinances.

            As part of the compromise ACRE initiative, farm owners and operators will be permitted to request the Attorney General to review any local ordinance disputes. Local governments will be prohibited from adopting or enforcing any local ordinance that is deemed “unauthorized.”

            In addition, the adoption of ACRE will make Pennsylvania the first and only state to enforce farm odor mitigation, requiring that all new or expanded Concentrated Animal Feeding Operations (CAFOs) and Concentrated Animal Operations (CAOs) develop an odor management plan with strict water-quality requirements.

            The Governor has signed the bill into law as Act 38 of 2005.

The Senate unanimously passed Senate Bill 723. This legislation would amend Pennsylvania’s Agricultural Area Security Law to encourage state and local governments to enter into financial partnerships with eligible nonprofit entities.  This partnership would increase the funding available for agricultural conservation easement purchases under the state’s Farmland Preservation Program.

Under the bill, all Pennsylvania counties would have the option of permitting eligible nonprofits to participate in the easement program. The county’s farmland preservation board would set the requirements for participation and would recommend each easement purchase jointly with an eligible nonprofit entity.

The bill is now in the House.

Appropriations

As a result of Bush Administration reductions in federal support of Medicaid expenditures and the uncontrollable rise in health care costs, sufficient funds were not available to significantly bolster many important state programs or support a general tax cut in the 2005-2006 budget (House Bill 815, Act 1A of 2005).

However, buoyed by Senate Democratic efforts, the $24.15 billion state budget managed to cut the Bush Administration’s inspired Medicaid cuts, hold the line on taxes, hike funding to school districts by $129 million and use $625 million in voter-approved bond funds to make an unprecedented investment in Pennsylvania’s environment.

In his February budget address, Gov. Ed Rendell direly predicted that the state faced a $400 million federal Medicaid funding shortfall in this year alone for crucial health services that serve the elderly, disabled and poor. Pennsylvania’s improved economy enabled lawmakers to pare the shortfall down to $200 million.

The final revenue surplus for the General Fund for the just completed 04-05 fiscal year was $442 million. That extra tax revenue created a $377 million General Fund surplus to begin this current fiscal year.   

In the spending plan, lawmakers managed to restore all of the Medical Assistance dollars used for prescription drug purchases, and also cover much of hospitals’ ever-increasing uncompensated care costs (see House Bill 1168).

On education (see House Bill 628), all school districts will average a 3 percent subsidy hike. Plus, supplemental state funds are earmarked for districts that have low per student expenditures to help close the funding gap between school districts. The new budget also includes a 2.5 percent increase in special education funding and $28 million in supplemental funds for tutoring in grades 8 through 12.

Community Colleges received a 10 percent state funding boost.  They were also provided with funding that reimburses them for operating costs based on enrollment in credit and non-credit courses.  In addition, community colleges will receive economic development stipends for offering courses that are responsive to business and workforce needs.

 Embracing Gov. Ed Rendell’s call to invest in the state’s environment, lawmakers laid out a plan (see House Bill 3, Act 45) that will preserve farmland and open spaces; clean up streams, brownfields and abandoned mine sites; repair and prevent landslides and sinkholes; revitalize older communities; and maintain the state’s 3.8 million acres of park, forest and game lands. 

 The Growing Greener II program distributes the bond funds approved by the voters this spring for key environmental protection programs.  The program also targets $90 million for counties to use to fund local initiatives.

 The Senate unanimously approved House Bill 1802, which would raise the cap on outstanding obligations for redevelopment assistance capital projects by $500 million, from $2.150 billion to $2.650 billion. Raising the total debt limit for redevelopment assistance increases the potential for the state to incur more debt and associated interest expense for redevelopment assistance capital projects. At current interest rates, the issuance of an additional $500 million in bonds would cost approximately $752 million over 20 years.

The bill is in the House.

 The following Appropriations bills were all approved unanimously, and enacted:

House Bill 823 would provide for the $692 million capital budget for fiscal 2005-06 (Act 52 of 2005).

 House Bill 824 would appropriate $317 million to the Pennsylvania State University (Act 9A of 2005). 

 House Bill 825 would appropriate $164 million to the University of Pittsburgh (Act 10A of 2005). 

 House Bill 826 would appropriate $168 million to Temple University (Act 11A of 2005).

 House Bill 827 would provide $12.9 million for Lincoln University in Chester County (Act 12A of 2005). 

 House Bill 828 would appropriate $6.7 million to Drexel University (Act 13Aof 2005).

 House Bill 829 would appropriate $44.7 million to the University of Pennsylvania (Act 14A of 2005).

 House Bill 830 would appropriate $11.7 million to the Philadelphia Health and Education Corporation (Act 15A of 2005).

 House Bill 831 would appropriate $9.5 million to Thomas Jefferson University (Act 16A of 2005). 

 House Bill 832 would appropriate $4.8 million to the Philadelphia College of Osteopathic Medicine (Act 17A of 2005). 

 House Bill 833 would appropriate $1.8 million to the Lake Erie College of Osteopathic Medicine (Act 18A of 2005). 

 House Bill 834 would appropriate $1.4 million to the Pennsylvania College of Optometry (Act 19A of 2005).

 House Bill 835 would appropriate $1.2 million to the Pennsylvania University of the Arts (Act 20A of 2005). 

 House Bill 836 would appropriate $1.5 million to the Bureau Training School (Act 21A of 2005). 

 House Bill 837 would appropriate $186,000 to the Johnson Technical Institute of Scranton (Act 22A of 2005).

 House Bill 838 would appropriate $68,000 to the Williamson Free School (Act 23A of 2005). 

 House Bill 839 would appropriate $388,000 to the Fox Chase Institute for Cancer Research (Act 24A of 2005).

 House Bill 840 is a $306,000 non-preferred appropriation to the Wistar Institute in Philadelphia for operation and maintenance expenses and AIDS Research (Act 25A of 2005). 

 House Bill 841 bill is a $130,000 non-preferred appropriation to the Central Penn Oncology Group (Act 26A of 2005). 

 House Bill 842 is a $49,000 non-preferred appropriation to the Lancaster Cleft Palate for outpatient-inpatient treatment (Act 27A of 2005). 

 House Bill 843 is a $418,000 non-preferred appropriation to the Burn Foundation, Philadelphia for outpatient and inpatient treatment (Act 28A of 2005).

 House Bill 844 is a $970,000 non-preferred appropriation to the Children’s Institute, Pittsburgh, for the treatment and rehabilitation of certain persons with disabling diseases (Act 29A of 2005). 

 House Bill 845 is a $451,000 non-preferred appropriation to the Children’s Hospital of Philadelphia for comprehensive patient care and general maintenance and operation of the hospital (Act 30A of 2005).

 House Bill 846 is a $105,000 non-preferred appropriation to the Beacon Lodge Camp in Mifflin County that serves special needs children and adults (49-1 vote) (Act 31A of 2005). 

 The following Appropriations bills were approved by a 43 to 7 vote, and enacted by the Governor:

 House Bill 847 is a $462,000 non-preferred appropriation to the Carnegie Museums of Pittsburgh for operations and maintenance expenses and the purchase of apparatus, supplies and equipment (Act 32A of 2005). 

 House Bill 848 is a $699,000 non-preferred appropriation to the Franklin Institute Science Museum in Philadelphia for maintenance expenses (Act 33A of 2005).

 House Bill 849 is a $428,000 non-preferred appropriation to the Academy of Natural Sciences in Philadelphia for maintenance expenses (Act 34A of 2005). 

 House Bill 850 is a $326,000 non-preferred appropriation to the African-American Museum in Philadelphia for operating expenses (Act 35 A of 2005). 

 House Bill 851 is a $42,000 non-preferred appropriation to the Everhart Museum in Scranton for operating expenses (Act 36A of 2005). 

 House Bill 852 is a $178,000 non-preferred appropriation to the Mercer Museum in Doylestown for operating expenses (Act 37A of 2005).

 House Bill 853 is a $128,000 non-preferred appropriation to the Whitaker Center for Science and the Arts in Harrisburg for operating expenses (Act 38A of 2005).

 By a 45 to 0 vote, the Senate approved Senate Bill 607, which would specify the maximum principal amount of additional debt that could be incurred during the 2005-06 fiscal year for Capital Budget projects. The amounts reflect what Gov. Ed Rendell requested in his budget proposal. A Democratic amendment was added to the bill that assures the continuity of the Capital Budget funding throughout the budget process.

The bill is now in the House.

 The Senate unanimously approved a number of annual appropriations bills. All appropriations were at the level called for in Gov. Ed Rendell’s budget proposal.

 They include:

 Senate Bill 608 would appropriate $24.187 million from the State Employees’ Retirement Fund to provide for expenses of the State Employees’ Retirement Board. (Act 2A of 2005)

 Senate Bill 609 would appropriate $39.539 million from the Public School Employees’ Retirement Fund to provide for expenses of the Public School Employees’ Retirement Board. (Act 3A of 2005)

 Senate Bill 610 would provide $24.187 million to the Department of State to operate the various professional licensure boards administered by the department’s Bureau of Professional and Occupational Affairs. (Act 4A of 2005)

 Senate Bill 611 would transfer funds from the Workmen's Compensation Administration Fund to the Department of Labor and Industry to provide $57.525 million for administrative expenses for fiscal 2005-06. The bill would also appropriate $184,000 to the Department of Community and Economic Development to fund workers' compensation activities by the Small Business Advocate. (Act 5A of 2005)

 Senate Bill 612 would appropriate $50.369 million from the General Fund and $1.720 million from federal funds to the Pennsylvania Public Utility Commission. (Act 6A of 2005)

 Senate Bill 613 would appropriate $4.846 million from a restricted revenue account within the General Fund to the Office of Consumer Advocate in the Office of Attorney General.  (Act 7A of 2005)

 Senate Bill 614 would appropriate $975,000 from a restricted revenue account within the General Fund to the Office of Small Business Advocate in the Department of Community & Economic Development. (Act 8A of 2005)

Banking and Insurance

The Senate unanimously passed House Bill 107, the Health Savings Account Act. This legislation would authorize the establishment and maintenance of health savings accounts (HSAs) that would be offered as an alternative to high-deductible health insurance plans.

The bill would exempt from state income taxes any amount paid or distributed out of a HSA to cover qualified medical expenses or reimburse a beneficiary. Contributions to HSAs would not be exempt from state income taxes, and high-deductible insurance plans would be permitted to continue charging a deductible for certain benefits.

House Bill 107 was signed into law as Act 48 of 2005.

 By a 50-0 vote, the Senate passed Senate Bill 260, legislation that would establish the Interstate Insurance Product Regulation Compact. The compact would provide uniform standards for individual and group annuities, life insurance, disability income insurance and long-term care insurance.

By signing this compact into law, Pennsylvania would join other states to establish a joint public agency known as the “Interstate Insurance Product Regulation Commission,” a corporate body responsible for: enacting and enforcing interstate insurance regulations, reviewing products, rate filings and advertisements, and prosecuting legal proceedings.

The compact would become effective when 26 states, or states representing more than 40 percent of the premium volume for covered lines of insurance, enact this legislation.

The bill is now in the House.

 By a 47-0 vote, the Senate approved Senate Bill 300. The legislation would create the Health Savings Account Act, authorizing the establishment and maintenance of health savings accounts as a coverage alternative for Pennsylvanians with high-deductible health insurance plans.

Under the bill’s special tax provisions, the following health savings account payments would be exempt from state personal income tax: contributions by an account beneficiary or the beneficiary’s employer, income from a health savings account, amounts paid or distributed out of an account used exclusively to pay qualified medical expenses, and reimbursements to a beneficiary.

The bill was sent to the House.

Communications and Technology

 The Senate unanimously passed important consumer protection legislation in response to a rash of security system breaches at data collection agencies and companies.

            Senate Bill 712 would require companies to notify consumers when their personal information (including Social Security numbers, driver’s license numbers, and banking information) has been revealed due to a security system breach.

The bill is now in the House.

Community and Economic Development

 The Senate voted 44-6 to approve House Bill 157, which would allow Lehigh and Northampton counties to raise their hotel room tax by 0.5 percent to 4 percent.  The additional revenues generated would be used to help build and maintain a minor-league ballpark and for other tourism-promotion activities.  The bill would also clarify the appropriate uses of the hotel tax and hotel room tax in third- through eighth-class counties. The bill was signed into law as Act 12 of 2005.

Consumer Protection

 In the wake of accounting scandals across the country, the Senate unanimously passed a bill that would tighten accounting regulations in Pennsylvania and mandate certain training.  Senate Bill 251 would be the first update of Pennsylvania’s Certified Public Accounting law in nearly ten years. 

The bill is now in the House.

 The Senate unanimously approved Senate Bill 198, which would make it unlawful for a floral shop or supplier to misrepresent itself as a local business in a local telephone directory. The bill is now in the House for consideration.

Education

 The Senate unanimously approved House Bill 628, continuing a significant investment in public education. Under the bill, funding for pre-kindergarten through 12th-grade programs will increase by $278 million, or 3 percent. Funding for basic education and related programs will increase by $186 million, or 3.9 percent. 

The Head Start program will receive a $15 million increase, allowing an additional 2,200 children to enroll. The bill also includes $28 million in supplemental funds for tutoring in grades 8 through 12, as well as a 2.5 increase for special education.

Pennsylvania’s community colleges will see an additional $22.8 million, the largest budget increase (10 percent) in 15 years.

The bill also includes a $22.3 million “Foundation Supplement” designed to help poorer districts keep pace with the statewide average for per-student spending.

The bill also:

Establishes a state grant program to encourage schools, including vocational-technical schools, to enter into written agreements with postsecondary institutions that permit students to enroll in postsecondary courses and receive both secondary and postsecondary credits for such coursework.

Provides for a new funding system for community colleges for more predictability and changes how workforce development funds are used in order to create career opportunities. 

The legislation establishes a special Community College Capital Fund for approved capital projects. 

The bill was signed into law as Act 46 of 2005.

 The Senate unanimously passed House Bill 1304, providing a 6 percent increase in library funding, and extending for another year waivers of mandates that were costly to local operations.

The bill was signed into law as Act 53 of 2005.

 The Senate unanimously concurred in House amendments to Senate Bill 511, which amends the Job Enhancement Act of 1996 to allow master’s degree students to participate in the Technology Work Experience Internship Program. The act also makes it easier for companies to qualify as “emerging technology companies.”

The bill was enacted as Act 29 of 2005.

 The Senate passed Senate Bill 361 by a 34-16 vote.  This bill would require school districts to allow home-schooled students to participate in district-sponsored extracurricular activities. Under current law, each school district can decide for itself whether to permit home-schooled students to participate. 

The bill passed the House as amended and is now in Senate Rules Committee.

 By a unanimous vote, the Senate passed Senate Bill 652, clarifying regulations regarding the educational assistance program and the accountability block grant program. Under the bill, money from both programs could be used for tutoring services offered during the school day, as long as the tutoring services would not conflict with the eligible student’s normal course of instruction.

The bill is now in the House.

 The Senate unanimously passed a bill that would make it easier for the public to examine school districts’ proposed budgets. Senate Bill 672 would require school districts to submit their proposed budgets to the Department of Education on a standard form supplied by the department, and that the proposed budget include line-item expenditures. The bill also would require that the budget be available for public inspection and could be copied for a reasonable fee.

Senate Bill 672 is now in the House.

 The Senate unanimously passed a bill that would provide funding for private schools that enroll children who are deaf or blind, or have other special needs. Senate Bill 686 would clarify provisions in the school code that made it more difficult for the schools and the state to assess their funding needs. The bill calls for more rigorous accounting and guarantees funding to cover expenses.

Senate Bill 686 is now in the House.

 The Senate unanimously passed Senate Bill 651, which would extend for another year the authority of the state librarian to waive certain mandates on local libraries facing budget constraints.  Such authority is set to expire at the end of June.

The bill is in the House for consideration.

 The Senate unanimously approved Senate Bill 679, which would give certain teachers one more year to complete continuing education training requirements outlined in Act 48 of 1999.  Many teachers had complained that they did not get the required one-year notice of the impending deadline.  Under the bill, teachers who did not get the notice and have not completed their continuing education would have until April 2006.

The bill is now in the House.

 The Senate this week unanimously voted to reimburse school districts for the cost of mailing Act 72 notices to homeowners.  Senate Bill 327 would provide $3 million to pay for up to two mailings informing homeowners of how to apply for a share of tax cuts provided by gaming revenue.

The bill is now in the House for approval.

 By a vote of 40-7, the Senate passed Senate Bill 143, which would require school districts to enhance parent involvement by establishing a parent involvement program, parent involvement policy and parent involvement committee.

The bill is in the House.

 The Senate voted 46 to 1 in favor of Senate Bill 507, which would establish specific reporting requirements for organizations approved under the educational improvement tax credit program.  The program allows businesses to receive state tax credits for contributions made to nonprofit scholarship organizations, pre-kindergarten scholarship organizations and educational improvement organizations.  Previously, there was little information available on the activities of scholarship organizations.  Under the bill, reports with information ranging from the number of scholarships to the names of schools receiving grants would be annually on September 1.  A Democratic amendment that was aimed at strengthening accountability by requiring additional reporting was voted down.

The legislation is now in the House.

 By a unanimous vote, the Senate approved Senate Bill 151, which would require schools to provide more specific information on their annual school report cards. Under the bill, additional information would be required concerning the performance of students who have been enrolled for less than two years, students who are classified as “Limited English Proficient,” and students with disabilities. The report cards are used under the federal “No Child Left Behind” law to assess the academic progress of schools. Supporters of the legislation claim that the more specific detail would provide greater context and give a clearer picture of a school’s true progress.

The bill is now before the House.

 The Senate unanimously passed a series of bills designed to meet the guidelines of the federal “No Child Left Behind Act.”

The bills include:

 Senate Bill 146, which would direct intermediate units to coordinate academic programs for school districts and to establish academic improvement teams for school districts that fall below academic standards. The bill is in the House.

 Senate Bill 147, which would require the state Department of Education to provide assistance and guidance for schools that are not meeting standards. The bill was signed into law as Act 55 of 2005.

 Senate Bill 148, which requires failing school districts to provide a plan for continuing education of its teachers.  The bill is now in the House.

Environmental Resources and Energy

 The Senate passed House Bill 3 by a 48 to 2 vote.  Under this legislation, funds would be allocated under Growing Greener II, which was approved by voters via a ballot referendum in May.  

House Bill 3 is an initiative to preserve farmland and open spaces; clean up streams, brownfields and abandoned mine sites; repair and prevent landslides and sinkholes; revitalize older communities; and maintain the state’s 3.8 million acres of park, forest and game lands.

The $625 million Growing Greener Bond will be spent over a six-year period and used to build on the state’s Growing Greener program.

Growing Greener II also targets $90 million for counties to use to fund local initiatives.

The bill was signed into law as Act 45 of 2005.

 The Senate unanimously passed House Bill 612, which would amend the Pennsylvania Infrastructure Investment Authority Act to allow PENNVEST to loan monies it obtains from federal and state sources to public and private water and sewer systems for security-related infrastructure improvements.

The bill was enacted as Act 51 of 2005.

 The Senate passed Senate Bill 197 by a 49-1 vote.  This bill would strengthen enforcement efforts at landfills by imposing new penalties on landfill operators who fail to meet certain standards.

The bill is now in the House.

 The Senate unanimously passed Senate Bill 410.  This bill would establish the Pennsylvania Center for Environmental Education and its board within the State System of Higher Education.  The Center would identify needs for environmental education, promote research and develop programs.

The bill is now before the House for consideration.

 By a unanimous vote, the Senate passed Senate Bill 594.  This bill would create trusts for the owners of interests in oil and gas. Such trusts would encourage the development of oil and gas resources in Pennsylvania, while protecting owners of oil and gas interests whose identities or whereabouts are unknown. The bill would create a new state law known as “The Dormant Oil and Gas Act.”

The bill is now in the House.

 By unanimous vote, the Senate passed Senate Bill 722.  This bill would amend the Storage Tank and Spill Prevention Act (Act 32 of 1989), to allow for continued state allocations to the Underground Storage Tank Environmental Cleanup Program.          

The bill was signed into law as Act 36 of 2005.

 Acting on Governor Ed Rendell’s “Growing Greener II” proposal to expand programs aimed at improving Pennsylvania’s environment, the Senate voted 46 to 1 in favor of House Bill 2.  The bill, known as the “Environmental Stewardship Watershed Protection Enhancement Authorization Act,” authorized a referendum on the May 2005 primary ballot to determine whether the state should borrow up to $625 million for statewide environmental protection and restoration.  The voters approved the bond money and it will be used to preserve open spaces and farmlands, protect watersheds, reclaim abandoned mines, remediate acid mine drainage and initiate other environmental efforts. While the $625 million is less than the initial $800 million the governor had requested, it was substantially more than some desired.

Following House approval, the Governor signed the measure into law as Act 1 of 2005.

 Senate Bill 149 was approved by unanimous vote.  This legislation would provide funding for the Hazardous Sites Cleanup Fund by directing that one-quarter mill of the Capital Stock & Franchise Tax is transferred from the General Fund to the Hazardous Sites Cleanup Fund.  The funds would be used for emergency responses, investigations, testing, contracting, and other cleanup activities relating to the release of hazardous contaminants.

The Bill is now in the House.

Finance

 The Senate unanimously adopted the joint Conference Committee Report on House Bill 176, legislation that will amend Pennsylvania’s Tax Reform Code to allow for a check-off box on the state income tax return for military family relief assistance.

The legislation will also increase the penalty for filing a fraudulent income tax return and provide for the film tax credit program, electronic fund transfers and reimbursements for tax collection costs.

The Governor has signed the bill into law as Act 40 of 2005

 By a 46-4 vote, the Senate adopted the joint Conference Committee Report on House Bill 182, legislation that will provide for the transfer of surplus budget funds from the General Fund to the Budget Stabilization Reserve Fund.

The bill would require that, beginning in the 2005-2006 fiscal year, 25 percent of surplus funds be deposited into the Budget Stabilization Reserve Fund. Of the surplus funds available in 2004-2005, 15 percent will be deposited into the reserve fund, as well as one-quarter of all funds appropriated for tobacco use prevention and cessation programs and one-eighth of all funds appropriated for health investment insurance and Medicaid benefits for workers with disabilities.

House Bill 182 also gives the State Workers’ Insurance Board the power to invest a greater portion of the State Workers’ Insurance Fund assets into equities, such as securities including common stock. These equity investments cannot exceed 15 percent of the Fund’s assets or the Fund’s mandatory surplus after the discount.

In addition, the bill provides that any expenses, salaries and other costs incurred from the administration of the Senior Citizens’ Rebate and Assistance Act be paid from the State Lottery Fund.  

The Governor has signed the bill into law as Act 41 of 2005.

 The Senate unanimously passed Senate Bill 726, legislation that would set limits on assessments for second-class counties.

The legislation would give second-class counties the opportunity to appeal, escrow and make payment under protest. In addition, the bill would prevent the reassessment ratio from exceeding 100 percent of the total amount of property tax revenue collected within the county in the previous year. To keep the reassessment ratio below 100 percent, municipalities and school districts would be required to reduce their millage rates to maintain revenue-neutrality.

If a taxing authority seeks to raise the tax rate, the local governing authority would be required to cast a separate vote. The bill also would include a “good cause” provision, which would allow political subdivisions to increase the tax rate beyond revenue-neutral limitations with court approval.  

Senate Bill 726 is now in the House.

 The Senate unanimously approved Senate Bill 709, which would amend Pennsylvania’s Local Tax Collection Law to give counties and municipalities the option of allowing taxes to be paid in up to 12 annual installments.

The legislation also requires all school districts to offer taxpayers the option of quarterly, bimonthly or monthly installment payments for real property taxes, by the 2006-2007 school year. Under current law, school districts cannot collect tax payments in more than four annual installments.

In addition, the bill would allow local tax collectors to request an increase in compensation within 15 days of a school district’s adoption of monthly installment payments. The tax collector would be required to send a certified letter containing his or her request and any account of increased administrative costs incurred through the collection of monthly installment payments.

The bill is now in the House.

 The Senate unanimously approved Senate Bill 639, which would amend Pennsylvania’s Real Estate Tax Sale Law to allow a local taxing district, other than a municipal authority or school district, to accept the donation of a property that is subject to a tax claim. The purpose of the bill would be to secure new owners for delinquent properties and return these properties to the tax rolls.

The bill is now in the House.

 By a 50-0 vote, the Senate passed Senate Bill 640, legislation that would amend Pennsylvania’s Municipal Claim and Tax Lien Law to allow local governments to accept the donation of a property that is subject to a tax claim. The purpose of this bill, similar to Senate Bill 639, would be to secure new owners for delinquent properties and return these properties to the tax rolls. Under Senate Bill 640, such donations would be acceptable for any county, city, borough, incorporated town, township, home rule municipality, optional plan municipality or optional charter municipality.

The bill is before the House for consideration.

 The Senate unanimously approved House Bill 279, which would amend Pennsylvania’s Municipal Retirement Law to extend the period to use “excess interest” for administrative expenses. The extension would include calendar years 2001 through 2005. Under the bill, “excess interest” would not be permitted to exceed 0.6 percent of the total asset value of the fund at the beginning of the calendar year.

The bill was signed into law as Act 16 of 2005.

 The Senate approved Senate Bill 573 by a 48-0 vote. This bill would allow the governing bodies of fourth- through eighth-class counties to cast a separate vote to raise taxes following a countywide reassessment.

Current state assessment law mandates that after a countywide reassessment, real property tax rates must be lowered to a rate that would bring in the same amount of revenue as the preceding year. This action creates a revenue-neutral switch between tax rates before and after the assessment.

Counties or municipalities are now permitted to increase property tax revenues by up to 5 percent, and school districts are permitted to increase property tax revenues by up to 10 percent—without a separate vote—in the first year after a countywide reassessment.

The bill is now in the House.

 By a 47-0 vote, the Senate this week approved Senate Bill 157, which would exempt Pennsylvania’s low-income families from paying the new Emergency Municipal Services (EMS) Tax.

Under the legislation, any Pennsylvanian with an annual income totaling less than $12,000 would receive the exemption. Employers also would be required to withhold the tax in quarterly, or more frequent, increments. Current law allows the $52 tax to be taken out of paychecks in one lump sum.

An approved amendment to the bill would allow municipalities to apply EMS tax funds toward property tax relief through homestead or farmstead exclusions.

The bill now is in the House.

Game and Fisheries

 By a unanimous vote, the Senate passed House Bill 1650, which would authorize the Fish and Boat Commission to issue a one-day fishing license for non-residents for $25.

Presently, there is no one-day, non-resident license available.  There is a resident,  one-day license available for $10.  The Fish and Boat Commission suggested this proposal as a way to promote fishing in Pennsylvania.  Many states, including bordering states, offer such a license.  This license will not be available in April to protect the vital fiscal impact of the first day of trout season.

The bill was signed into law as Act 54 of 2005. 

 The Senate passed House Bill 887 unanimously. This bill would provide for a $1 resident hunting license for Pennsylvanians who are former prisoners of war.

The bill was signed into law as Act 19 of 2005.

 The Senate unanimously passed House Bill 1076, which would provide a hunting license at a reduced fee for military personnel. The bill would provide a $1 resident hunting license for members of the Pennsylvania National Guard and reservists of the U.S. Armed Forces who were ordered to active federal service and deployed overseas for more than 180 consecutive days.

The bill was signed into law as Act 20 of 2005.

 By unanimous vote, the Senate approved House Bill 1077. This bill would provide a $1 fishing license for members of the Pennsylvania National Guard and reservists from the U.S Armed Forces who were on active duty overseas for more than 180 consecutive days.

The bill was signed into law as Act 21 of 2005.

 The Senate unanimously passed Senate Bill 539.  This bill would amend the Game and Wildlife Code (Title 34 Pa. C.S.) to make trespass a summary offense under the Code and to ensure that repeat offenders are not eligible for hunting or fishing licenses.

The bill is now in the House for consideration.

Judiciary

 The Senate voted 45 to 5 in favor of Senate Bill 196, which would provide physicians and health care facilities with limited immunity from administrative and civil prosecution if they report patients to the police for the illicit use or attempt to obtain a controlled substance.

While the bill would protect doctors, who in good faith, report patients for the illicit use of prescribed drugs, it does not establish a duty to report if the physician does not believe that sufficient evidence exists that the controlled substance was used for an illicit purpose. 

Currently, licensed physicians and osteopathic physicians are prohibited from disclosing any confidential information concerning patients.

The bill is now in the House.

 The Senate unanimously approved Senate Bill 669, which would standardize qualifications for those who interpret foreign languages in Pennsylvania courtrooms.

The current availability and quality of courtroom translators varies from county to county and courtroom to courtroom. Of the 2.2 million foreign-born Pennsylvanians, 8.5 percent speak little or no English. Supporters claim that this growing segment of the state’s immigrant population too often face a judicial system where translators are in short supply and possess widely differing capabilities and qualification standards – creating inconsistency and a potential for unjust treatment in courtrooms.

The Democrat-sponsored bill would direct the Administrative Office of Pennsylvania Courts to establish a statewide program for identifying and uniformly certifying qualified foreign language interpreters. To help courts locate more available translators, the measure would also ensure that a statewide listing of certified foreign language interpreters be made available to all Pennsylvania court venues.

The bill is now in the House.

 By a unanimous vote, the Senate approved House Bill 399, which would enable a divorcing or surviving spouse to change their name back to their surname by filing with their county prothonotary. Currently, such notices to resume a prior name are filed with the clerk of courts.

The bill was signed into law as Act 18 of 2005.

 By a unanimous vote, the Senate approved Senate Bill 386, which would assure that sentencing courts could impose the toughest possible penalties for burglary and home invasion.

The Democratic-sponsored bill would correct an inconsistency in how the state’s burglary and “Three Strikes” laws treat burglary in instances such as a home invasion when the victim is present. The burglary law currently grades the crime as a first-degree felony regardless of whether or not the victim is present. The “Three Strikes” law only applies to burglary when a victim is present at the time the crime is committed. This discrepancy can shield a repeat offender from the additional 22 years in prison that a repeat offense would bring under the “Three Strikes” law.

The change to the burglary statute would also preserve heightened penalties under the sentencing guidelines that are now routinely utilized by courts when the crime is committed and a victim is present.

The bill is now in the Senate Rules Committee.

 The Senate unanimously approved Senate Bill 509, which would give state and local governments more of a priority status when the assets of an estate are insufficient to pay all of its debts.

Currently the Commonwealth is last on the priority list, appearing in the general category of “all other claims.” A similar bill (Senate Bill 304) was approved by the General Assembly last year, but was vetoed by the governor.

The bill now is in the House.

 By a unanimous vote, the Senate this week approved Senate Bill 584, which would add the offense of “disarming a law enforcement or corrections officer” to the Crimes Code.

Under the Democratic-sponsored bill, it would be a third degree felony to disarm a police officer or deprive them of their weapon. The felony offense would subject offenders to a fine of up to $15,000 and up to seven years in jail.

The bill was signed into law as Act 30 of 2005.

 The Senate unanimously passed Senate Bill 332, which would simplify and speed up the process for registering foreign adoptions in Pennsylvania.

Currently, some counties do not allow for the filing of foreign adoption decrees and require that the child be “re-adopted” in that county.

Under the bill, a foreign adoption decree duly issued in another state or foreign country could be filed with the clerk of courts for the county of the adopting parents’ residence.

The House is now considering the bill.

 By a unanimous vote, the Senate approved Senate Bill 124, which would correct a divorce law (Act 175 of 2004) oversight concerning the equitable division of pension/retirement property. The measure would apply the provisions of Act 175 to cases that were pending prior to the law’s effective date. The bill was signed into law as Act 4 of 2005.

 The Senate unanimously approved Senate Bill 248, which would extend the application of Act 69 of 1967 from 1997 to 2005.  Reauthorized periodically, the original act validates conveyances and other instruments that have acknowledgements containing technical errors.  When an acknowledgement has a technical error, it makes subsequent transfers of property difficult unless the error is corrected by the act. The bill would validate such acknowledgements for deeds and mortgages that fall between 1996 and 2005.

The bill was signed into law as Act 27 of 2005.  

 The Senate unanimously approved Senate Bill 69, which would provide immunity for employers who provide information about current or former employee’s job performance to a third party. Under the bill, the immunity would not apply if the information were deliberately reckless, untruthful, misleading or in violation of a disclosure law or agreement.

The bill was signed into law as Act 3 of 2005.

 By a unanimous vote, the Senate approved Senate Bill 256, which would amend Pennsylvania's "Son of Sam Law" that bans a person from profiting from the commission of a crime. Currently, the victim may only recover the profits from someone who planned or committed the crime. This measure would allow the victim to also recover money damages to cover their attorney’s fee.

The bill is now in the House.

 The Senate unanimously approved Senate Bill 18, which is aimed at deterring organized crime from infiltrating the state’s new slots industry.

The measure would allow violations under the state’s gaming law to be prosecuted under the federal RICO (Racketeer Influenced and Corrupt Organizations) Act. In investigating gaming industry violations, the RICO law would give the state Attorney General’s office greater access to law enforcement tools such as wiretaps and grand juries.

While supporting the bill, Democrats reiterated their call for legislation to ban lawmakers and all of their family members from having any financial stake in gaming.

The bill is now before the House.

Labor and Industry

 The Senate voted unanimously in favor of Senate Bill 464, which would reverse a recent court ruling that required employers to be represented by legal counsel in unemployment compensation proceedings. Current law allows workers to be represented by anyone they choose. This bill would create a level playing field for both parties.

Prior to the ruling, business consultants and personnel managers routinely participated in unemployment compensation hearings on behalf of employers. However, the courts have held that this is akin to the unauthorized practice of law.

Senate Democrats successfully added amendments to the bill that would create a Job Training Fund to support job-training programs in the state and would prohibit companies from transferring ownership to lower their unemployment compensation rating.

The bill was signed into law as Act 5 of 2005.

Law and Justice

 Beer distributors can be open on Sundays from noon to 5 p.m. following approval of Senate Bill 462.

The amended measure, approved in the Senate by a 39 to 11 vote, requires distributors to purchase a $100 annual Sunday sales permit.

For tavern owners, the bill removes the 30 percent food and non-alcoholic beverage sales requirement for a Sunday sales permit everywhere except in Philadelphia. The bill also increases the wholesale discount for retail licensees from 7 percent to 10 percent.

The bill was enacted as Act 39 or 2005.          

 The Senate unanimously approved House Bill 1178, legislation that would disband the 220-member volunteer state police agency of Crawford and Erie counties.

The bill would repeal the outdated Act 1109 of 1872, which was established “for the recovery of stolen horses and other property, and for the detection of thieves in Crawford and Erie Counties.” The original act gave arrest powers to the volunteer Crawford/Erie state police unit, and placed the group under the jurisdiction of the governor and state attorney general. However, the organization has operated independently since its charter.

House Bill 1178 was prompted by complaints from Pennsylvania’s 3,900-member State Police force, citing the group’s lack of formal training, as well as accountability issues.

Currently, the Crawford/Erie state police unit conducts traffic and crowd control at community events. Through the formation of a police auxiliary association with a local police department, the group’s volunteers would still be able to serve in this capacity.

The bill was signed into law as Act 8 of 2005.

Local Government

 By a 49 to 1 vote, the Senate approved Senate Bill 565, which would make the position of District Attorney full time in third through seventh-class and counties. Eighth-class counties would have the option of making the post full time.

Under the bill, candidates must be county residents at least one year prior to the election. The measure would also increase the minimum age from 18 to 25 and require that the district attorney be admitted to the Pennsylvania Supreme Court Bar for at least one year prior to taking office.

In addition, District Attorney candidates would not be permitted to receive supplementary income, in the form of honoraria, profit shares or divisions of income from prior law firm associations. A part-time district attorney is permitted to operate an outside practice, under Pennsylvania law.

Only 27 of Pennsylvania’s 67 District Attorneys are currently classified as full-time.

The bill was signed into law as Act 57 of 2005.

 The Senate unanimously passed House Bill 136, which would amend the Second Class Township Code to allow the board of supervisors to provide funds to nonprofit watershed associations for watersheds serving the township. The funds could not be used to undertake litigation against any municipal corporation or to seek redress against any individual landowner.

The bill was signed into law as Act 11 of 2005.

 The Senate passed House Bill 266 by unanimous vote. The bill would amend the Borough Code to allow a borough to provide funds to nonprofit watershed associations for watersheds serving the borough. Those funds could not be used for litigation against any municipal corporation or to seek redress against individual landowners.

The bill was signed into law as Act 13 of 2005.

By unanimous vote, the Senate approved House Bill 267, which would amend the First-Class Township Code to allow the commissioners to provide funds to nonprofit watershed associations for watersheds serving the township. The funds could not be used to file suit against any municipal corporation or to seek redress against landowners.

The bill was signed into law as Act 14 of 2005.

 By unanimous vote, the Senate passed Senate Bill 457, legislation that would make changes to the Third-Class City Code regarding retirement funds. The bill would allow for retirees of third-class cities to receive a pension while holding elected office, provided that they do not accept a salary for the office that they hold. If a retiree does accept a salary, he or she will not receive a pension for every month during which this salary is accepted. The bill also would ensure the right of a beneficiary to hold elected office.

The bill was signed into law as Act 28 of 2005.

 The Senate unanimously passed Senate Bill 62, which would allow local government units to consider competitive electronic bids for supplies and services, but not for construction or design professional services. The information submitted for bids would be available to the public, and the local government unit would insure that the information is advertised.

The bill would also allow for the withdrawal of a bid if the bidder can show that the lower bid price was reached through error. The contract would be awarded within 60 days of the auction by written notice to the lowest responsible bidder, or all bids may be rejected.

The bill is now back in the Senate on concurrence.

Public Health and Welfare

 The Senate voted 43-7 to approve new Medicaid eligibility and reimbursement guidelines.

Gov. Rendell had predicted a $400 million deficit for Medicaid this year and proposed a variety of benefit cuts (many of which have been adopted in other states), but refused to drop anyone from the Medicaid rolls.  Through the budget negotiation process, many of the austerity measures proposed by the governor were scaled back significantly.  Under House Bill 1168, there are no limits on prescription drugs, ambulatory surgical center visits, or inpatient hospital stays for Medicaid recipients.

However, the new Medicaid rules institute limits on outpatient psychiatric services and stays at private mental hospitals.  The new guidelines also require parents of children with disabilities whose household income exceeds 200 percent of the poverty line to pay a premium for Medicaid services.  Also, the Department of Public Welfare must conduct eligibility reassessments every six months for many Medicaid recipients.

The governor signed the bill into law as Act 42 of 2005.

 The Senate voted unanimously to approve House Bill 1589, which would expand the definition of “rural hospitals” that are eligible to receive Medicare inpatient hospital service payments.

The bill was signed into law as Act 22 of 2005.

 In response to the Department of Public Welfare’s decision to close the Harrisburg State Hospital by the end of 2005, the Senate voted 26-19 to approve Senate Bill 229, the Mental Health Facility Closure Moratorium Act.

The bill would impose a moratorium on the closure of mental health and retardation facilities and require a Legislative Budget and Finance Committee report on the issue. 

Senate Democrats stood by the Rendell Administration and expressed their confidence in Secretary of Public Welfare Estelle Richman.  Such groups as NAMI Pennsylvania, an advocacy group for the mentally ill, and The Arc, a group supporting those with mental retardation, have endorsed the closing of Harrisburg State Hospital.  Since the Supreme Court’s 1999 ruling in Olmsted v. L.C., the courts have held that states are required to provide community-based care, rather than institutionalization, for most persons with disabilities.  Since 1979, a dozen state hospitals have closed.

The legislation is now before the House.

Rules & Executive Nominations

 The Senate unanimously approved House Bill 398, which would add the state House Parliamentarian, and remove the House Chief Clerk, as a nonvoting member of the Legislative Data Processing Committee. The committee was originally formed in 1968. The bill was signed into law as Act 17 of 2005.

State Government

 By a vote of 27-23, the Senate passed House Bill 1521, which will increase the salary for members of the Judiciary, the General Assembly and Executive Branch.  The bill also creates a system for cost of living adjustments based on the salaries of designated federal officials.

The salary increase was given to all members of the Judiciary and District Attorneys. The measure outlines the list of top judiciary officials and the amount of increase they will receive.  Lower courts and District Attorneys will be compensated based on a percentage of higher-level judges.

Members of the General Assembly will receive a base salary ($81,050) that is equal to half of what a member of the U.S. Congress makes. The bill also outlines higher salaries for members of caucus leadership and committee chairs.

This bill also increases the salary for the Governor, the Lieutenant Governor, members of the cabinet and the three row officers.  The governor’s salary will be 85 percent of the Vice-President’s salary.  The Lieutenant Governor is based on the same scale as legislative leaders plus $15,000.  Members of the Governor’s Cabinet will receive a salary of 85 percent of the Attorney General of the United States.  The State Treasurer, Attorney General and Auditor General will receive salaries that are 94 percent of what the U.S. Attorney General makes.

The bill was enacted as Act 44 of 2005.

 By unanimous vote, the Senate passed Senate Bill 210.  The bill would require that charitable organizations that raise more than $250,000 in a given year submit to an audit and report those findings.  Previously, audits were required when these organizations raised more than $125,000.  Audits would be performed in accordance with the Statements on Auditing Standards of the American Institute of Certified Public Accountants.

The bill is now in the House.

 The Senate unanimously passed Senate Bill 1, which would strictly regulate the practice of lobbying in Pennsylvania.

The bill, known as the Lobbying Accountability Act, would provide for the registration, regulation and disclosure of all lobbying activities, including registering with the Department of State, filing quarterly expense reports with the Department of State, and forbidding lobbyists from switching clients to work the opposite side of the same issue. The measure would also prohibit lobbyists from simultaneously working for clients whose interests are adverse to one another. The bill was strengthened by a Democratic amendment that included the conflict of interest provision and a list of prohibited acts.

The Supreme Court struck down the state’s 1998 lobbyist disclosure law on constitutional grounds. Currently, an institutional rule is the only lobbying control in the state Senate, and the state House has no rule or regulation at all.

The legislation is now in the House for consideration.

Transportation

 The Senate voted 46-4 to approve House Bill 489, which would make several changes to the Vehicle Code.  Several Democratic Senators opposed the bill over a provision that would revoke a vehicle registration when an individual has six or more unpaid parking tickets in Philadelphia.

Senate Democrats successfully lobbied for an amendment that gives impacted individuals one month to rectify their situation before PennDOT is notified.  The bill also weakens notification standards for those who have their vehicle impounded by the Philadelphia Parking Authority.

The bill was signed into law as Act 50 of 2005.

 The Senate unanimously approved Senate Bill 406, which would designate the bridge carrying SR 2096 over the Youghiogheny River in McKeesport as the Senator Albert V. “Bud” Belan Bridge.  Belan served three consecutive terms as a state Senator from 1989 to 2000 and had previously been a police officer and district justice. The bill was signed into law as Act 56 of 2005.

 A unanimous Senate endorsed House Bill 129, which would criminalize piloting an aircraft while under the influence of drugs or alcohol.  Pennsylvania is currently one of only three states that do not outlaw flying while intoxicated.

This bill would make it a second-degree misdemeanor for any member of a flight crew (including pilots, attendants, and ground maintenance workers) to perform his duties while under the influence of illegal drugs or alcohol.  They may not have a blood-alcohol concentration greater than .02 percent and may not fly within eight hours of consuming alcohol.  Those convicted under this statute could face a fine of $1,000-$5,000, at least three days in jail, and drug treatment.  Drunken pilots who cause injury, death, or property damage face even tougher penalties.

The bill was signed into law as Act 10 of 2005.

 The Senate unanimously approved Democratic-sponsored legislation that would bring Pennsylvania into compliance with federal regulations for commercial driver licensing.

Senate Bill 724 would implement the Federal Motor Carrier Safety Improvement Act of 1999, which requires states to maintain a complete driving record of all traffic violations (except parking) and disqualifies drivers from obtaining a commercial license when they have high-risk traffic offenses in their own, personal vehicles.

If state laws do not conform to the new federal guidelines by September 30, Pennsylvania could lose up to $40 million in federal highway and safety funding and the authority to issue or renew a commercial driver’s license.

The bill was signed into law as Act 37 of 2005.

 The Senate took preliminary steps to address the state’s mass transit crisis when it unanimously passed Senate Bill 199.  The bill, which amends the Supplemental Public Transportation Account, would temporarily remove the $75 million cap on appropriations for mass transit from sales tax revenue.

During consideration in the Senate Transportation Committee, some Democratic senators expressed concern about the bill’s potential negative impact on the General Fund (approximately $22 million in fiscal 2004-05).  For this reason, Gov. Ed Rendell opposes the bill.

The bill is now in the House for consideration.

Urban Affairs and Housing

 By a 50-0 vote, the Senate approved House Bill 139, legislation that would allow all Pennsylvania counties to raise local revenues for enabling residents to purchase, rent and maintain quality residential housing.

             Pennsylvania counties would be permitted to increase the fee charged for the recording of deeds and mortgages. Under the bill, 85 percent of the fees would be distributed to local affordable housing initiatives and the remaining 15 percent would be used to offset administrative costs.  

The bill was signed into law as Act 49 of 2005.

 By a 48-0 vote, the Senate approved Senate Bill 502. This legislation would amend Pennsylvania’s Landlord-Tenant Act to require that prior to entering into a lease agreement for residential real property, landlords must inform prospective tenants of the property’s flood history, including the frequency and extent of prior flooding.

Landlords who willfully or negligently violate the proposed measure would be required to pay the amount of actual damages suffered by the tenant as a result of the failure to disclose flood history.

The bill is now in the House.

 The Senate approved Senate Bill 82 by a 47-0 vote. This legislation would prohibit any condominium or homeowners’ association from banning a unit owner’s display of the American flag, the Pennsylvania flag and military flags. Unit owners would be permitted to display flags on their designated properties, in accordance with association regulations.

The legislation is now under consideration by the House.

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