Senate of Pennsylvania
SENATE DEMOCRATIC WRAP-UP FOR THE YEAR OF 1997-1998
FOR
EDITORIAL BACKGROUND
Gov.
Tom Ridge and his Republican colleagues charted a safe and cautious path
through the 1997-98 legislative session, avoiding difficult issues that could
have hurt the governor’s
It
was therefore no surprise that the end of the session was notable primarily
for what did not happen.
The General Assembly did not approve more than $350 million for new
sports stadiums in Philadelphia and Pittsburgh, despite a last minute lobbying
effort by Ridge, who had promised state funding during his campaign (see SB
672, Budget and Finance). The Republican controlled legislature also
failed to act on measures that would have reduced class sizes in public
elementary schools, created a statewide building code, improved state
oversight of nursing homes and reformed Pennsylvania’s system of financing
political campaigns.
Even
when the legislature acted, the results were mixed.
A bill that repealed Pennsylvania’s motorcycle helmet law (see SB
279, Transportation) was vetoed by Ridge, who objected to the measure’s
repeal of eye protection requirements.
He said he would sign a bill that repealed only the helmet requirement.
Ridge also vetoed an apparently routine “housekeeping” bill (see
HB 907, Local Government), amid claims that the bill would have allowed
state funding for stadiums in Pittsburgh, but not for those in Philadelphia.
The bill had been unanimously approved by both chambers during a
last-minute flood of legislation.
Yet
another Ridge veto killed a measure (see HB 2261, State Government)
that would have required the state Department of Public Welfare to hold a
public hearing within 30 days of announcing the closure of a mental health or
mental retardation facility.
A public hearing would have also been required before the
patient-to-staff ratio could be reduced by more than 10 percent.
There
were some legislative accomplishments during the final months of the 1997-98
session. Perhaps
the most significant was the approval of legislation that requires health
insurance companies to cover the cost of diabetic supplies and self management
training. The
bill’s passage ended a lengthy battle by Senate Democrats to give
Pennsylvania’s 1.1 million diabetics the tools they need to manage their
illness.
House
Bill 656 (see Banking and Insurance) is expected to save lives and
reduce health care costs.
The measure requires health insurers to cover the cost of
“self‑help” training and diabetic supplies such as blood glucose
monitors, test strips, syringes and insulin.
It was unanimously approved by the House of Representatives in 1997,
but was held up in the Republican controlled Senate by Harrisburg’s powerful
insurance lobby.
Another
insurance-related measure addressed the issue of ‘mental health parity”
under Pennsylvania’s health insurance plans.
House Bill 366 (see Banking and Insurance) requires health
insurance companies to provide the same dollar-for-dollar coverage for serious
mental illnesses that they provide for physical ailments.
It applies only to insured groups of 50 or more employees.
Ironically,
a version of House Bill 366 approved by the Senate in October would have
helped Harrisburg-based AMP Inc. fight off a takeover attempt.
Similar legislation was also approved by the House, but the conflicting
bills were never reconciled, and AMP eventually agreed to a takeover bid by a
third company.
In
October, the General Assembly approved legislation that toughens
Pennsylvania’s lobbying disclosure law. Senate Bill 254 (see State
Government) requires lobbyists to report a quarterly estimate of the
amount of money they spend on various activities involving government
officials. Lobbyists will have to report the names of legislators,
public officials or staffers who accept gifts valued at $250 or more per year
and meals or lodging totaling $650 per year.
January
1999
Legislation
is coded as follows: a single asterisk indicates Senate passage, two asterisks
indicate Senate and House passage and three asterisks indicate the measure
became
law. A
"V" means the measure was vetoed by the governor.
INDEX
PAGE
Aging
and Youth
53-54
Agriculture
and Rural Affairs
42-44
Banking
and Insurance
25-29
Budget
and Finance
1-8
Community
and Economic Development
56-57
Communications
and High Technology
55-56
Consumer
Protection and Professional Licensure
39-41
Education
8-10
Environmental
Resources and Energy
37-38
Game
and Fisheries
54
Judiciary
10-25
Labor
and Industry
41-42
Law
and Justice
48-49
Local
Government
32-37
Military
and Veterans Affairs
54-55
Public
Health and Welfare
52-53
State
Government
44-48
Transportation
49-52
Urban
Affairs and Housing
29-32
Legislation
is coded as follows:
*
Senate passage
**
Senate and House passage
***
Became law
V
Vetoed by governor
Budget
& Finance
***
1998-99 General Fund Budget -- Pennsylvania’s 1998-99 budget was
approved on April 21, 1998. The
$17.9 billion spending plan grew by 4.9 percent over the previous year.
It spends about $200 million more than Gov. Tom Ridge had proposed in
February.
Republicans
made much of the budget’s early passage, but Democrats noted that the quick
approval was largely symbolic since the fiscal year doesn’t end until June
30. They said passing the budget
in April once again let Ridge hoard a significant portion of the state’s
growing budget surplus, which reached $673 million by June 30.
The budget legislation (HB 2281) places an additional $150 million into
the state’s Rainy Day Fund. Approximately $52 million -- 15 percent of the
budget surplus -- will also be automatically transferred to the fund.
Many
of the changes to the governor’s budget proposal responded to criticism by
Senate Democrats.
Special education funding increased by more than $24 million over
Ridge’s request, bringing the total increase to nearly $46 million.
The governor’s plan to charge Supplemental Security Income recipients
an extra $2.60 each month to process their benefit checks was eliminated.
The SSI fee increase had been harshly criticized by Democratic
senators.
The
budget includes $1.4 million in new funding for the state Health Department to
hire additional personnel to oversee Pennsylvania’s nursing homes.
A recent Senate Democratic Policy Committee hearing found serious
problems in the way the Health Department investigates complaints about
nursing home care.
The
budget contains $15 million in additional state funding for the Children’s
Health Insurance Program (CHIP), a Democratic initiative that has received
national recognition.
The increase will let Pennsylvania draw down $80 million in federal
matching funds.
Democrats had sought a larger increase that would have qualified
Pennsylvania for up to $120 million in federal funds.
All
Senate Democrats voted in favor of the budget legislation.
House approval came on a vote of 178-20.
Funding
for basic education increased by nearly $121 million.
The budget includes moderate increases for higher education. Funding
for the State System of Higher Education increased by 3.5 percent;
state-related institutions (Penn State, Pitt, Temple and Lincoln)
received 3.25 percent increases. The Pennsylvania Higher Education
Assistance Agency got an additional $17.5 million for its Grants to Students
Program.
Prison
expenditures again received some of the budget’s largest increases. Spending
on adult corrections rose by 6 percent, to $1.028 billion, during the 1998-99
fiscal year.
***
Tax Cuts -- Legislation that reduces or eliminates several business
taxes, gives tax relief to some homeowners and expands the poverty exemption
to the state income tax was signed into law on as Act 45 on April 23, 1998.
House
Bill 1766 reduces the Capital Stock and Franchise Tax from 12.75 to 11.99
mills, extends the Corporate Net Income Tax Credit for net operating losses
from three years to 10 and eliminates the sales tax on items sold from vending
machines. It
eliminates the state tax on capital gains from the sale of a principal
residence.
The
poverty exemption was expanded by increasing the base amount for individuals
from $6,300 to $6,500.
The additional dependent allowance was increased to $6,000 -- a $2,000
increase.
***
COLA for Retired Teachers, State Employees -- Retired public school employees and state employees will
receive a cost of living increase under legislation signed into law as Act 88
on June 18, 1998.
Senate
Bill 1269 provides approximately
180,000 retirees with an increase in their monthly annuity payments ranging
from 1.86 percent to 25 percent, depending upon their original retirement
date. The increase is effective
beginning July 1, 1998.
Dates
of retirement and percentage of increase are:
7/1/96-6/30/97
1.86%
7/1/95-6/30/96
3.59%
7/1/94-6/30/95
4.95%
7/1/93-6/30/94
6.42%
7/1/92-6/30/93
7.97%
7/1/79-6/30/92
10%
7/1/69-6/30/79
20%
On
or prior to 6/30/69
25%
***
State Workers - Public School Employees Early Retirement --
State workers and public school employees could retire with full benefits
after 30 years of service under legislation signed into law as Act 41 on April
2, 1998.
House
Bill 162 gives public school employees a “window” of opportunity for early
retirement during the period from the enactment of the bill through July 10,
1998. The
window is open again from April 1 to June 30, 1999.
State
workers can retire from July 1, 1998 through June 30, 1999.
Both groups would be entitled to receive full retirement benefits.
***
1997-98 General Fund Budget -- Pennsylvania’s 1997-98 budget was
signed into law as Act 4A on May 6, 1997.
The spending plan (HB 847) totals $17.154 billion and contains no tax
increases. It was approved in the Senate by a 45-5 margin; the House vote was
139-61.
Republicans
made much of the budget’s early approval, but Democrats contended that the
majority’s haste was an attempt to distract attention from the state’s
burgeoning budget surplus. The surplus reached nearly $576 million by the time
the fiscal year ended on June 30.
The
budget contains approximately $612 million in new spending, a 3.7 percent
increase over the prior year.
Public schools, which were level funded in last year’s budget, will
receive an additional $90 million in basic education subsidies. All districts
are guaranteed at least a 1 percent increase; some will get as much as 5
percent. Schools
will also get a $22.6 million increase in special education funding.
Higher
education funding also increased, with the State System of Higher Education
receiving an overall 4 percent increase over the prior year, 2 percent more
than Ridge had requested.
State-related universities will each
get a 3 percent increase in funding, 1 percent more than the governor
proposed. The
Pennsylvania Higher Education Assistance Agency will receive a 7 percent
increase for its Grants to Students Program.
State
Treasurer Barbara Hafer and Attorney General Mike Fisher, both Republicans,
saw their budgets increase by 12 percent and 6 percent, respectively.
Auditor General Robert Casey, a Democrat, received only a 3 percent
increase.
Tax
cuts in the budget were valued at $167 million by the administration;
Democratic estimates were closer to $200 million.
The tax reductions were contained in separate legislation, House Bill
134, which was approved unanimously in both chambers and signed into law as
Act 7 on May 7, 1997.
The
largest single tax reduction will eliminate the sales tax on computer
services. One
Democratic legislator had been trying to eliminate the tax for three years,
saying it placed Pennsylvania at a competitive disadvantage in the effort to
attract high-tech businesses.
The Senate Democratic Appropriations Committee estimates the value of
the tax cut at nearly $90 million.
Another
Democratic initiative in House Bill 134 is the dedication of an additional
penny of the state’s cigarette tax to fund the Children’s Health Insurance
Program. CHIP, which provides
health insurance for children of working parents, will now receive 3 cents of
Pennsylvania’s 31-cent-per-pack tax on cigarettes. The additional money, about $10.8 million, will help reduce
waiting lists for the highly successful program.
The
only significant non-business tax cut will expand the personal income tax
forgiveness exemption for low-income Pennsylvanians. The expansion is expected to cost approximately $25 million
and affect about 170,000 taxpayers.
Other
tax changes, and their estimated cost, include allowing more businesses to
file as Subchapter S corporations ($17 million); income tax exemptions for
“cafeteria” benefit plans ($10 million); an increase in the capital stock
and franchise tax exemption ($10 million); a sales tax exemption for equipment
purchased by retail bakeries ($6 million); a research and development tax
credit ($10 million); a sales tax exemption for candy and gum sold in
restaurants ($1 million); and a tax credit for non-profit groups involved in
the Neighborhood Assistance Program ($1.25 million).
***
Capital Budget -- A $6 billion capital budget was signed into law as
Act 47 on Oct. 10, 1997.
The
centerpiece of Senate Bill 188 is a $182 million appropriation for an effort
to reopen the Philadelphia Naval Shipyard.
The money is the state’s share of an approximately $700 million
project now being negotiated by state and city officials with a Norwegian
shipbuilder. Kvaerner ASA plans to build cargo ships using two drydocks at the
southern end of the shipyard.
The reopened shipyard is expected to directly employ an estimated 1,000
people. As
many as 5,000 people could be employed in support and ancillary jobs.
The
shipyard project is controversial, and there were unsuccessful efforts in both
chambers to strip it from the capital budget bill.
Several Democrats pointed out that Gov. Tom Ridge had bungled an effort
to reopen the shipyard in 1995, and that the current project would cost the
state more money and generate fewer jobs.
Senate
Bill 188 contains a laundry list of other projects throughout the state -- far
more than can be financed with available revenue -- and one Democratic senator
called the bill a “wish list.”
The measure was approved by the Senate on a 48-1 vote.
House approval came by a margin of 177-20.
***
More Money for Auditor General -- The state Office of the Auditor
General will receive nearly $1.3 million in additional funding under
legislation signed into law as Act 45A on Dec. 19, 1997.
House
Bill 7 amends Pennsylvania’s 1997-98 budget.
In addition to the increased funding for the Auditor General, the bill
appropriates nearly $88 million in federal funding for the Children’s Health
Insurance Program and $546,000 to the Department of State for the Charitable
Purposes Act.
It also removes a requirement for legislative approval of $15 million
in funding for Community Development Banks.
***
Capital Budget -- The 1997-98 Capital Budget was contained in
legislation signed into law as Act 21 of 1997.
House Bill 854 authorizes a maximum of $451 million in new debt for the
1997-98 fiscal year.
***
Treasury Department Investments -- The state Department of Treasury was
given broader investment authority under legislation signed into law as Act 53
on May 7, 1998.
House
Bill 439 defines a “prudent person” and provides standards for investing
funds. It gives the department full power to invest and reinvest money from
any state fund that is not authorized by law for a specific investment when
the money has accumulated beyond the ordinary needs of the fund.
***
Police Officers Early Retirement -- Police officers were given an
“early-out” option for retirement under legislation signed into law as Act
24 on February 18, 1998.
House
Bill 595 provides reduced retirement benefits to officers with 20 or more
years of service who choose to terminate employment prior to the completion of
superannuation retirement age and service requirements.
Officers will be required to file a written application for early
retirement benefits with the governing body of the municipality or regional
police department.
***
Funding Municipal Pension Plans
-- Legislation signed into law as Act 82 on June 18, 1998,
corrects a problem in the allocation formula for Supplemental State
Assistance (SSA) provided to financially distressed municipal public employee
pension systems.
Senate
Bill 284 establishes an allocation formula based on what the municipal
contribution to a pension trust fund should have been, rather than on what the
contribution actually was.
By providing a "rolling" amortization, municipalities will be
making the maximum amortization contribution required in any given year, and
therefore not receive more SSA than they should as a result of under funding
their retirement system.
The
bill also gives Pittsburgh an additional 13 years to repay its unfunded
pension liability and lets Philadelphia sell pension bonds to support the
unfunded actuarial accrued liabilities of its retirement systems.
*
Stadium Funding -- Legislation that would have funded four new stadiums
in Pittsburgh and Philadelphia died when Governor Tom Ridge and Republican
leaders could not muster enough votes for stadium-related legislation in the
House of Representatives.
The
Senate did its part by approving legislation (SB 672) that would have
increased the debt ceiling for redevelopment capital assistance projects to $1
billion. The
increase would have let the state borrow about $500 million, with most of the
money going to help pay for new stadiums for the state’s major league
football and baseball teams.
Ridge
has promised to pay one-third of the cost of the new stadiums at a total cost
to the state of between $300 and $325 million.
The rest of the money from the increased capital borrowing would have
been used for a variety of unspecified projects throughout the state.
Senate
Bill 672 was approved, 29-19, following extensive debate, but was never
considered in the House.
According to news reports, the governor managed to convince less than
45 of his House Republican colleagues to support the legislation.
Supporters
of the measure in the Senate said it would not require a tax increase and
would spur economic development in Pennsylvania’s two largest cities and in
other communities throughout the state.
They noted that the state’s share of the stadium funding would be
relatively small and said state government should act to ensure that major
league sports franchises remain in Pittsburgh and Philadelphia.
Opponents
called the bill corporate welfare, and pointed out that the people of
southwestern Pennsylvania had overwhelmingly rejected a referendum that would
have spent local tax dollars to fund new stadiums.
They also objected to approving $500 million in new borrowing without a
clear idea of how the money would be spent.
Although
the vote to approve Senate Bill 672 crossed party lines, Senate Republicans
rejected a Democratic effort to amend the bill to protect the state’s
stadium investments. The amendment would have required that the cities own the
stadiums, that the state and city receive 5 percent of the ticket revenue and
that contracts between the cities and professional sports organizations last
for at least 25 years.
***
Redevelopment Assistance Capital Projects
-- Act
46, signed on Oct. 6, 1997, increases the $700 million cap on redevelopment
assistance capital projects undertaken by the Commonwealth.
The
new law increases the maximum amount of state assistance to $1 billion and
lets second class-A through eighth class counties engage in projects with a
total project cost of $3 million or more.
Prior law required that redevelopment projects cost a minimum of $5
million. That
requirement will still apply to first and second class counties.
***
Municipal Pension Plan Funding Standard and Recovery Act --
Legislation (HB 21) changing the contribution rate procedure for
municipal pension funds that are at least 70 percent funded was signed into
law as Act 61 on Dec. 19, 1997.
The new law changes the method for calculating the amortization
contribution component of the actuarial funding requirement for municipal
pension plans.
It also provides for a 10-year amortization period to help level a
municipality's pension fund contribution over a longer period of time, thus
eliminating wide fluctuations in pension contributions by municipalities whose
pensions are relatively well funded.
***
Purely Public Charity -- Legislation (HB 55) that strictly defines
institutions of "purely public charity" for tax exempt status was
signed into law Act 55 on Nov. 26, 1997.
The
new law requires an organization to meet all criteria set forth in a 1995
Pennsylvania Supreme Court case that defines an institution of purely public
charity as one which:
--
advances a charitable purpose;
--
operates entirely free from private profit motive;
--
donates or renders gratuitously a substantial portion of its service;
--
benefits a substantial and indefinite class of persons who are legitimate
subjects of charity; and
--
relieves government of some of its burden.
The
law exempts state-related universities by designating their buildings as
"public property," unless the buildings are leased to for-profit
enterprises. The legislation also prohibits institutions of purely public
charity from using their tax-exempt status to unfairly compete with small
businesses in surrounding areas.
***
New Home Construction Local Tax Abatement Act -- In an effort to
stimulate new home construction,
legislation to extend the time frame in which a person can apply for a
tax abatement was signed into law as Act 63 on Dec. 19, 1997.
House
Bill 836 extends the time period for applying for a property tax exemption
from when the building permit is secured to when the home is actually
occupied.
***
Pennsylvania Consolidated Statutes -- Legislation that protects the
pensions of Penn State Hershey Medical Center employees during the center’s
merger with Geisinger Health System was signed into law as Act 41 on June 25,
1997.
House
Bill 1160 creates a new class of State Employee Retirement System membership
for approximately 300 employees with 5 to 10 years of credited state service.
The vestees would
have the choice of withdrawing their accumulated deductions or becoming
vested.
The
new law also extends the definition of enforcement officer to include
waterways conservation officers and other commissioned law enforcement
personnel employed by the Pennsylvania Fish and Boat Commission.
***
Keystone Opportunity Zones -- Legislation that will allow the creation
of Keystone Opportunity Zones in the state’s depressed rural and urban
communities was signed into law as Act 92 on Oct. 9, 1998 .
House
Bill 2328 permits local municipalities to designate as tax-free zones any
geographic area that is deteriorated, abandoned or littered with unused
properties. State
and local authorities could then issue exemptions, deductions, abatements or
credits on personal income tax; corporate net income tax; capital stock and
franchise tax; sales tax for services or tangible personal property (except
motor vehicles) used for the zoned business; and all local taxes.
Under
the measure, the state Department of Community and Economic Development (DCED)
will administer the program and provide $250,000 implementation grants.
The one-time program may create up to 12 zones in the state for a
period not exceeding 12 years.
Any
local municipality, county or combined group may apply for zone designation by
submitting a resolution or ordinance forgoing local taxes with their
application to DCED.
A business will be required to be operational in the zone a minimum of
183 days to qualify for any tax exemptions.
***
Early Retirement for Probation Officers -- Legislation that authorizes
early retirement benefits for Allegheny County probation officers was signed
into law as Act 89 on June 18, 1998.
Senate
Bill 1296 will let probation officers age 55 or over with at least 20 years
service retire with full pension benefits.
Allegheny County is the only county currently not providing early
retirement benefits to its probation officers.
The
bill also lets municipalities in second class counties with a minimum
population of 50,000 and maximum population of 100,000 arbitrate the
appointment of a tax collector if the governing body of the municipality and
the school board cannot mutually agree on the same collector.
***
Allegheny County Tax Relief --
Allegheny County may expand its property tax relief program under
legislation signed into law as Act 146 on Dec. 21, 1998.
Senate
Bill 1461 lowers the eligible minimum age requirement for the program from 65
to 62 and raises the eligible annual income limit from $15,000 to $25,000.
The new law also requires school districts and municipalities to cut
property taxes proportionately if there is more than a 5 percent revenue
increase due to property reassessment.
The
law also allows second class and second class A counties to retain 5 percent
of their Hotel Room Tax collections to offset expenses and to use any amount
of the collections to repay bonds issued for the building, expansion or
renovation of their convention centers.
***
Retirement Fund Contributions -- Legislation that will bring the state
into compliance with the federal Small Business Job Protection Act by amending
Pennsylvania’s law governing retirement fund contributions by state or
municipal employees was signed into law as Act 162 on Dec. 21, 1998.
House
Bill 1628 requires employee contributions to be held in trust by the employer;
protects employee contributions if the government employer files for
bankruptcy; allows for changes to election amounts or investment choices on a
periodic basis instead of quarterly; permits a “cashout” option for
accounts valued at less than $3,500; and eliminates an option that lets
participants in deferred compensation programs exclude investments in stock
corporations that do business with the Republic of South Africa and Namibia.
*
Local Tax Reform --
Early in the session Senate members voted 37-10 to approve a local tax
reform plan. Senate Bill 2 would
allow counties, municipalities and school districts to eliminate
"nuisance" taxes and reduce property taxes by imposing a sales tax
and/or a personal income tax. Changes
to local tax systems would have to be approved by the voters in a local
referendum. The bill also
contains provisions for "back-end" local referendums on tax
increases.
Further,
counties could impose a 1 percent sales tax that would be shared with
municipalities and school districts. The
counties would get 50 percent of the sales tax collections and municipalities
and school districts each would receive 25 percent.
The
maximum earned income or personal income taxes under the measure would be .5
percent for counties, 1 percent for municipalities and 2 percent for school
districts. Money raised from the
new sales and income taxes would have to be used first to replace revenue lost
from eliminating the nuisance taxes. Any
remaining revenue must be used to reduce property taxes.
The
General Assembly later approved tax legislation that affects only school
districts (see SB 669, Local Government). Senate Bill 2 remains in the House Finance Committee.
*
Amusement Tax Exemptions --
In an effort to bring a portion of Pennsylvania's local tax provisions
in line with the federal government, the Senate unanimously approved
legislation (SB 489) that would exempt certain ski and auto racing facilities
from local amusement taxes. The
bill would also exclude certain farm operations and activities under the
definition of "net profits," from
the state's Local Tax Enabling Act.
Local
taxing authorities would be prohibited from collecting an amusement tax from
an auto racing facility with a seating capacity of 25,000 and a racing area of
one mile. Also, amusement taxes
would not be levied against the admission receipts of ski facilities.
Farmers would benefit by not having to pay tax on interest from
accounts used for farming business or any gain from the sale of farm
machinery, livestock or other capital assets of the farm.
The
bill was on the House calendar when the session ended.
Education
***
Charter Schools -- Charter schools were authorized in Pennsylvania
under legislation signed into law as Act 22 on June 19, 1997.
Senate
Bill 123 was approved in the Senate by a 30-18 vote, with most Democrats
voting in opposition out of concern about specific provisions in the bill.
The
bill allows charter schools to be established by parents, teachers, community
groups and non-profit organizations. The
state will have less formal regulation or involvement in charter school
operations and each charter school will be permitted to develop its own
curriculum. Up to 25 percent of
the teachers in a charter school can be uncertified, but they will still have
to meet some minimum requirements.
Local
school boards will have sole authority to approve or reject applications for
charter schools over the next two years.
After that time, a seven-member appeals board, nominated by the
governor and approved by the Senate, will hear appeals from organizations
rejected for a charter.
Students
attending charter schools will not pay tuition. Funding for the schools will come from local school
districts, which will pay an amount equal to their annual per pupil
expenditure for each student that attends a charter school.
To offset the start-up costs for student transfers, school districts
will receive about $8.5 million over the next two years.
The state also expects to receive an additional $3 to $4 million in
federal funding for the schools.
***
School Uniform Dress Code, Philadelphia School Takeover -- Pennsylvania
school boards may establish uniform dress codes under legislation signed into
law as Act 46 on April 27, 1998.
Senate
Bill 494 gives school boards the authority to impose limitations on what
students may wear to school or require them to wear uniforms. The bill
includes vocational-technical and special education schools and may be applied
district-wide or in individual buildings.
The
bill also allows the state to seize control of
Philadelphia’s Public School System.
It establishes new criteria for the state Education Secretary to
declare a school district distressed. In
the event of a takeover, the superintendent of schools would be eliminated and
the school board would be replaced with a panel of gubernatorial appointees.
The takeover language applies only to Philadelphia.
***
Redbank Valley Flood Help -- Legislation (HB 26) signed into law as Act
1 on Feb. 12, 1997, allows the Secretary of Education to authorize Redbank
Valley High School to compute instructional time on an hourly basis of 990
hours or on a daily basis, including Saturdays, as an alternative to achieving
180 days of instruction. The
district was affected by flash floods in July 1996.
Salaries for teachers and other employees will not be affected.
***
School Funding -- Legislation to establish the mechanism for funding
schools and special programs under the 1997-98 education budget was signed
into law by the governor as Act 30 on June 25, 1997. House Bill 8 provides funding for basic education,
special education, community colleges and payments to intermediate units.
It also makes a variety of changes to the state's School Code.
The
new law allows "for profit" entities to confer baccalaureate
degrees. The school code
revisions will affect background checks of prospective employees; educating
juveniles incarcerated in adult facilities; education of disruptive students;
Commonwealth and Capital Subsidy payments to intermediate units; weapons
possession; and assignment of education programs during expulsion periods.
***
Sale of Unused Land and Buildings -- Legislation (SB 577) allowing school boards to sell unused
land or buildings to tax exempt charitable organizations -- and allow the
organizations to pay for the property over a period in excess of five years --
was signed into law as Act 59 on Dec. 19, 1997.
***
Public School Code Amendments --
The definition of school year has been changed to allow for a
year-round education program extending to Aug. 15 of each year, as long as the
number of days in session does not exceed 180, by legislation signed into law
on Dec. 21, 1998 as Act 154.
House
Bill 601 also provides for the withholding of state payments to school
districts that fail to pay debt service or make sinking fund deposits;
provides certain payments for the school district of Philadelphia; authorizes
levying taxes in school districts that lie in more than one county or
municipality; gives additional powers to the Chancellor of the State System of
Higher Education; and addresses pupil transportation and community education
councils.
***
Tuition Waivers -- Legislation
to establish a tuition waiver program for the children of police officers,
firefighters, members of the National Guard and employees of correction
facilities who are killed while performing their official duties was signed
into law as Act 129 on Dec. 16, 1998.
Under
House Bill 2024, community colleges, state-owned institutions or state-related
schools will be required to waive tuition, room and board charges for people
under age 25 who meet the requirements necessary for admission.
Students can study to receive a two or four-year degree, and may attend
for a maximum of five years. The
program is available only after the student has exhausted all other
scholarships and grants.
***
Driver Training Vehicles -- Legislation
to extend the life of vehicles used by private driving schools was signed into
law on Nov. 24, 1998 as Act 107.
Current
law requires training vehicles be removed from student use after five years or
up to 50,000 miles. Senate Bill
263 allows such vehicles to remain in use for eight years or 80,000 miles.
Judiciary
***
Additional Circumstances for the Death Penalty -- The Senate approved
(49-1) legislation that adds to the list of 17 aggravating circumstances that
allow prosecutors to seek the death penalty after a first degree murder
conviction. On April 25, 1997,
the governor signed the bill into law as Act 6.
Under
House Bill 12, an aggravating circumstance occurs when a defendant, at the
time of the killing, was subject to a protection from abuse order intended to
protect the victim.
***
Facsimile Bombs -- People who use fake bombs to threaten or intimidate
will be guilty of a second-degree misdemeanor under legislation unanimously
approved by the Senate and signed by the governor on October 31, 1997 as Act
50.
House
Bill 41 would apply to people who make, sell, buy or transport a device that
looks like a bomb (but doesn't have the capability to cause an explosion or
fire) with the intent to intimidate or threaten someone.
Using such a device with the intent of causing alarm or a reaction by a
law enforcement organization or an emergency organization would be the same
offense.
***
International Transfer of Convicts -- The governor or his designees may
transfer a convict to another country under the terms of an international
treaty under legislation signed into law as Act 32 on June 25, 1997.
House Bill 86 also establishes the Judicial Computer System
Augmentation Account and provides for the duty of a judgment creditor.
This
bill allows a judgment debtor who has paid a judgment creditor to request a
written notice that compensation has been paid. The time period for the judgment creditor to give this notice
was extended from 30 to 90 days. The
penalty for not providing the requested notice was changed from 1 percent per
day to 1 percent for each month that a creditor does not comply.
The cap was changed from not more than 50 percent of the judgment to
not more than $2,500.
***
Extradition Warrants and Pre-signed Waivers -- The Senate unanimously
approved and the governor signed legislation that joins Pennsylvania with 33
other states in permitting a pre-signed waiver to substitute for an
extradition warrant. The bill
became Act 33 on June 25, 1997.
Under
House Bill 87, a person must sign a waiver of his right to contest extradition
as part of his release by another state.
Pennsylvania law enforcement agents are then required to surrender that
person, who is accused of violating a parole, probation, or bail condition set
by the other state, at the demand of an agent of the other state.
An exception would be made if the detainee in Pennsylvania still has
criminal charges pending.
The
legislation also amends the Post Conviction Relief Act.
***
Conveyance Validation -- Acknowledgments for land conveyed between two
parties before 1996 which contain technical errors are valid under House Bill
141.
The
new law (Act 56) was signed on November 26, 1997.
***
Crimes Code Offenses -- On December 21, 1998, the governor signed into
law Act 149 which provides for additional crimes and offenses.
House
Bill 148 provides for the crimes of intentionally throwing, shooting, dropping
or otherwise propelling an object onto or toward a roadway;
theft from a motor vehicle; access card fraud (including but not limited to
credit and debit cards, account numbers and personal identification numbers);
and producing or possessing unlawful device-making equipment.
The
legislation also allows municipalities to put requirements such as acquiring a
license or passing an examination on someone who installs or inspects alarm
devices. Under
the new law, municipalities have the power to deny or revoke local permits,
levy taxes or fees or require the purchase of a license.
Additionally,
the bill also exempts people applying as a volunteer for Big Brothers or Big
Sisters of America from paying a fee for their criminal history record
information.
***
Sexual Offense Records and Gun Control -- The original intent of
legislation that preserves the records of sex offenders took a back seat to
Senate amendments revising Pennsylvania's 1995 gun-control law.
The amended bill was approved by the Senate on a vote of 45-5 and
signed by the governor as Act 5 on April 22, 1997.
House
Bill 149 prohibits a court from ordering the expungement of an offense record
for a defendant who completes Accelerated Rehabilitative Disposition (ARD) on
a charge of rape, statutory sexual assault, aggravated indecent assault,
indecent assault, or relating to pornography, when the victim of the crime was
under 18 years of age.
The intent of the legislation is to preserve the records as a tool for
tracking sex offenders.
Senate
amendments focused on two areas of the 1995 gun-control law.
The most controversial change suspends background checks on rifle and
shotgun purchasers until July 1998, or until an "instant check"
system becomes operational, whichever comes first.
Under the existing law, checks of criminal, mental health and juvenile
records for long gun purchasers are done after the fact.
State police officials have said the after-the-fact checks make it
difficult to retrieve weapons already sold to ineligible purchasers.
The
Senate amendments also change the penalties for carrying a concealed weapon
without a permit.
People who otherwise would be eligible to obtain a permit to carry a
concealed weapon will be charged with a misdemeanor offense instead of felony.
Felony charges will still apply to people possessing weapons who would
not qualify for a valid permit.
Also,
an exemption applies if an offense occurs within six months after expiration
of a valid weapons permit if the person would still be eligible for renewal.
Gun
dealers are required to retain applications and sales records for a period of
20 years. The records must remain confidential under penalty of civil damages.
***
"Look Alike Drugs" -- The Senate unanimously approved
legislation (HB 152) that would prohibit the sale of "look alike
drugs" to minors.
An identical bill (SB 175) was earlier reported out of the Senate
Judiciary Committee.
House
Bill 152 was prompted by the sale of "look-alike" or
"act-alike" drugs containing ephedrine that are marketed as
stimulants or weight-loss aids.
The drugs look and act like stimulants containing amphetamines.
Studies have indicated these often become "starter drugs" for
children, leading to more serious addictions.
A
Senate amendment to House Bill 152 adds school buses and school bus stops to
the existing “drug free zones” around schools.
Drug dealers arrested within the zones face additional penalties.
The amendment imposes tougher penalties for crimes that occur on a
school bus or within 500 feet of a school bus stop.
The
governor signed the legislation into law as Act 8 on May 9, 1997.
***
Prison Uniforms -- Prison inmates are prohibited from wearing civilian
clothes under legislation signed by the governor on December 3, 1998.
Act 120 (HB 207) requires inmates at adult-level prisons or
correctional facilities to wear identifiable prison uniforms while
incarcerated.
The ban on civilian clothes does not apply to work release situations
or juvenile facilities.
***
Drug Test Evasion -- A person caught attempting to sell or use
drug-free urine to pass a urinalysis could spend up to a year in jail and be
fined $2,500 under House Bill 360.
Anyone who sells, gives, or uses drug-free urine with knowledge or
intent can be charged with a third-degree misdemeanor.
The
bill, which applies to prison inmates and parolees as well as job applicants
in the private or public sector was signed into law on November 26, 1997 as
Act 52.
***
Crime Restitution -- The governor approved legislation that makes a
variety of changes to the Crimes Code.
House Bill 413:
–
requires people convicted of a crime resulting in injury or loss of property
to pay restitution;
–
establishes tougher penalties for arson involving cars, airplanes, motorboats
or other motor-propelled vehicles;
–
makes dangerous burning a summary offense;
–
prohibits obscene materials in prison; and,
–
prohibits the transportation of a minor in a truck bed except under specific
circumstances.
The
legislation was signed into law on December 3, 1998 as Act 121.
***
Internet Protection for Minors -- People who use the Internet to
contact a child in an attempt to commit a sexual or abusive offense will
commit a crime under Act 62 of 1997.
House
Bill 474 makes contact with a minor illegal if the contact is made with the
intent to commit a sexual or abusive offense against the child.
The bill outlaws all such contact, but is specifically aimed at contact
through the Internet.
The
bill also defines “Freon” for the section of the Crimes Code dealing with
the sale or illegal use of solvents.
***
Institutional Sexual Assault -- An employee or agent of the Department
of Corrections or County Correctional Authority who has sex with or indecent
contact with an inmate commits a first-degree misdemeanor under legislation (HB
689) signed into law as Act 157 by the governor on December 21, 1998.
Also, people obstructing or interfering with emergency service
personnel who are providing emergency services to an injured victim or
performing rescue or firefighting activities are guilty of a third-degree
misdemeanor.
The bill prohibits the offering of live animals (except fish) as
prizes.
The
legislation makes it a third-degree felony if a person uses a communication
facility to commit a crime under the Controlled Substance, Drug, Device and
Cosmetic Act.
Communication facility is defined in the bill as a public or private
instrument used to transmit signals, writing, images, sound and data,
including but not limited to telephone, radio and mail.
***
Health Care Fees -- Fees charged by health care facilities for copying
medical records and clerical work are capped under a new law (Act 26) signed
by the governor on February 18, 1998.
House Bill 1048 defines the term “insurer” and provides a flat fee
for actions pertaining to the Social Security Act or other federal or state
needs-based benefit programs.
The
bill also exempts from attachment during bankruptcy proceedings certain
contributions in a debtor's retirement fund.
*** Sheriffs'
Training -- A deputy sheriff needs at least 160 hours of training under
Act 10, signed into law on January 29, 1998.
House
Bill 1065 permits the Sheriffs' Education and Training Board to determine the
content and hours of training.
Deputy sheriffs are also be required to obtain a minimum of 20 hours of
continuing education every two years.
The
bill also establishes a surcharge assessment schedule and adds a county
commissioner to the board, bringing the total membership to 10.
*** Date
Rape -- People who administer so-called “date rape drugs” in an effort
to commit sexual abuse are guilty of a crime under legislation unanimously
approved by the Senate.
House
Bill 1125 makes it a crime to intoxicate or drug someone without their
knowledge and with the intent to commit a sexual offense.
*** Invasion
of Privacy -- People who invade the privacy of another person for sexual
gratification commit a crime under Act 38.
House
Bill 1189 makes it a crime to knowingly view, film or photograph a naked or
partially naked person without his or her consent if the person is in a place
where privacy could normally be expected.
A separate violation results each time a person is viewed and for each
victim viewed. A single violation
results in a third-degree misdemeanor charge.
More than one violation results in a second-degree misdemeanor.
By
creating an Invasion of Privacy crime, this bill closes a loophole in the
current Crimes Code.
The legislation, signed into law by the governor on March 24, 1998,
does not apply to law enforcement officials operating in an official capacity,
such as conducting criminal investigations and viewing to maintain prison
security.
*** Deceased
Remains -- On November 17, 1998, the governor signed Act 99 establishing
an order (generally following the order of inheritance) for determining who
has the right to dispose of a deceased person's remains.
In the case of estrangement from the person holding that right, an
expressed contrary intent or incompetency in the person holding that right, a
court would appoint another person to handle disposition.
House
Bill 1304 was prompted by a circumstance resulting from a USAir plane crash
near Pittsburgh.
*** Retail
Theft -- A potential loophole in the state law against shoplifting was
closed under legislation unanimously approved by the Senate and signed into
law as Act 42 on June 25, 1997.
House
Bill 1341 amends the definition of retail theft to include removing a security
tag with the intent of stealing an item.
*** Domestic
Relations -- Noncustodial parents will find it much more difficult to
avoid paying child support under legislation signed into law as Act 58 on
December 16, 1997.
House
Bill 1412 brings Pennsylvania into compliance with tough new child support
requirements that were part of the 1996 federal welfare reform law.
The bill also reinstates a $50 “pass-through” that allows welfare
recipients to keep $50 each month in child support payments without losing
welfare benefits.
Parents
who fail to pay child support will lose their driver’s licenses and
professional and occupational licenses under House Bill 1412.
The bill makes it easier to track people who owe child support by
requiring employers to report all newly hired employees and by requiring that
social security numbers be collected on applications for permits, driver’s
licenses, marriage licenses, divorce decrees and death certificates.
It strengthens the ability of Domestic Relations Offices and the state
Welfare Department to intercept or seize workers’ compensation and
unemployment payments and other government benefits, attach and seize assets
in financial institutions, seize retirement funds, impose liens on property,
direct the levy or sale of property and intercept or seize judgments or
settlements. Domestic Relations Offices and the Welfare Department are
given access to a variety of state and government records to help them track
down people who owe child support.
House
Bill 1412 also expands the definition of income, requires periodic reporting
of child support arrearages to credit bureaus, eliminates the right to trial
by jury in paternity cases, lets putative fathers initiate a paternity action
and establishes a centralized State Disbursement Unit to collect and disburse
child support payments.
The
bill began as a measure that would give the State Police access to protection
from abuse orders for criminal history checks under the Uniform Firearms Act.
The bill retains that language.
*** Parole
-- A new law (Act 66) amends the Pennsylvania Board of Probation and Parole
Law, requiring the parole board to provide written notification to the
probation department in the county where the sentencing order was imposed when
a parolee is released. House Bill
1756 also requires the board to provide the county probation department with
the parolee's new address.
The
governor signed the bill on June 11, 1998.
***
Soliciting Minors to Sell Drugs -- An adult drug dealer who solicits a
minor to traffic drugs is guilty of a second-degree felony under Act 40.
The
bill (HB 1757) aims at drug dealers who use minors to transport controlled
substances. This
offense becomes a first-degree felony if the dealer knowingly causes the crime
to occur within a drug-free school zone.
The
bill was signed by the governor on March 24, 1998.
***
Repealing Obsolete Laws -- Act 12 repeals portions of a now-obsolete
1849 law that apply to vendors of mineral water and a Washington coal company.
The bill (HB 1763) was signed into law January 29, 1998.
Act
42 repeals an obsolete Act No. 227 of 1851 relating to the construction of
county jails.
The bill (HB 1828) was signed by the governor on April 3, 1998.
Act
61 repeals an obsolete act of 1901 regarding constables’ fees “for
executing an order of relief of a pauper.”
House Bill 2098 was signed by the governor on May 15, 1998.
***
Obscene Material Prohibited in Prison -- Anyone who knowingly takes
obscene material into a prison commits a crime under Act 76, signed by the
governor on June 18, 1998.
The legislation (HB 1778) amends the obscenity section of the Crimes
Code to prohibit the delivery and/or possession of obscene materials in a
correctional facility.
The
bill also permits school districts to collect restitution from someone who is
convicted of terroristic threats or someone who causes the school’s building
to be evacuated.
***
Civil Immunity -- In addition to making changes to the Judicial Code,
legislation signed into law on December 15, 1998, provides civil immunity for
the use of Automated External Defibrillator (AED) and provides for speedier
placement of abused or neglected children in foster care or adoptive families.
Act 126 (HB 1897) allows Judges Pro Tempore to handle certain summary
offense cases and increases the number of Common Pleas Judges in the City and
County of Philadelphia and Lebanon County.
The
legislation brought Pennsylvania into compliance with the federal Adoption and
Safe Families Act by Jan. 1, 1999.
The law provides another alternative permanent family when family unity
cannot be maintained without endangering the child.
The
bill also provides “Good Samaritan” civil immunity in emergency situations
for any person trained to use an AED.
The person is not be liable for civil damages.
***
Contracts Under Seal -- Act 77 extends the sunset date for the 20-year
limitation on actions involving contracts under seal.
The legislation (HB 1979) was signed by the governor on June 18, 1998.
***
Child Protection -- Children and Youth Services employees can testify
at preliminary hearings in child abuse cases under legislation unanimously
approved by the Senate and signed into law on December 15, 1998, as Act 127.
House Bill 1992 amends the Child Protective Services Law to permit the
release of confidential child abuse reports and testimony based on those
reports before district justices in cases of alleged criminal child abuse.
The
bill also grants civil and criminal immunity to people who issue licenses and
permits for the Pennsylvania Game Commission or Fish and Boat Commission when
they suspend or refuse to issue licenses for nonpayment of child support.
The
legislation amends the Domestic Relations Code to improve reporting of
suspected child abuse by further providing for examples of abuse.
Law enforcement officials are to be given greater access to information
about cases of suspected child abuse.
The measure requires Pennsylvania employers to provide the state
Department of Public Welfare with information regarding the employment,
compensation and benefits of any employee, upon request.
In
addition, the bill exempts children age 12 and younger from being
fingerprinted for the purpose of a name change.
***
Obsolete Law -- Act 118 (HB 2225) repeals an obsolete act which allows
for local juries to investigate the cause of suspicious fire.
The bill was signed by the governor on December 3, 1998.
***
Out-of-state Parolees -- A state can parole a convicted offender to
another state only if the offender has a confirmed offer of viable employment
or other means of support (excluding welfare) and the sending state approves
the parolee’s residence under Act 171, signed into law on December 21, 1998.
House
Bill 2258 amends the Pennsylvania Board of Probation and Parole Law,
establishing stricter standards of acceptance for out-of-state parolees and
probationers under the Interstate Compact.
Similar legislation, Senate Bill 1239, was unanimously approved by the
Senate in March of this year.
The Senate legislation was the result of hearings investigating the
Arthur Bomar case, in which an out-of-state parolee was convicted of killing a
Philadelphia-area co-ed.
***
Special Advocates -- Court-appointed special advocates (CASA) can be
appointed in juvenile matters where a child is dependent or alleged to be
dependent under legislation signed by the governor on December 15, 1998 as Act
128.
House
Bill 2664 allows the court to appoint or discharge a CASA at any time during
the proceeding or investigation concerning dependency and gives a CASA
immunity from civil liability for good faith actions.
***
Fetal Homicide -- Legislation allowing criminal homicide charges to be
filed in the death of a fetus was signed into law as Act 44 on October 2,
1997.
Senate
Bill 45 establishes guidelines under which the death or serious bodily injury
of an unborn child could be prosecuted.
It allows a person accused of criminal homicide of an unborn child to
be charged with first degree, second degree or third degree murder.
The death penalty could not be imposed in cases of first degree murder.
The bill also provides for voluntary manslaughter of an unborn child
and aggravated assault of an unborn child.
Legal
and illegal abortions are excluded from the provisions of Senate Bill 45, as
well as medical procedures that are done in good faith or with the consent of
the mother. The bill also amends the Crimes Code to further provide for
evidence in harassment and stalking cases.
***
Appeal Process Changes -- People who appeal a driver's license
suspension that was prompted by their refusal to take a DUI blood alcohol test
will face a new appeal process under a new law (SB 97).
Act
63 requires such appeals to be heard in the judicial district in which the
arrest was made instead of in the motorist's home district.
The
governor signed the bill June 5, 1998.
***
Crimes Code Amended -- The governor signed into law legislation that
expands school “drug-free zones” to include school buses and playgrounds,
and includes drug sales to both adults and minors.
The legislation, which became Act 26 on June 25, 1997, was unanimously
approved by the Senate.
Senate
Bill 135 also increases the penalty for possession of a controlled substance
by an inmate, amends the definition of "caretaker" to protect the
mentally retarded who are care-dependent and narrows the definition of
"trade secrets."
***
Additional Judgeships -- By a 43-3 vote, the Senate passed Senate Bill
178, a measure to create 31 new Pennsylvania judgeships.
The bill was signed into law as Act 2 on
February 14, 1997.
Similar
efforts were stalled last session by differences between the House and Senate.
This time, however, the Senate concurred in House amendments which made
additions and deletions to the list of new judgeships.
The
final result provides one new judgeship this year for Northampton,
Westmoreland, Greene, Somerset, Venango, Lehigh, Lycoming, Beaver,
Franklin/Fulton, Centre, Adams, Lancaster and Chester counties.
Two new judgeships went to York, Delaware and Montgomery counties.
In
1999, Lancaster, Chester, Bedford, Dauphin, Luzerne, Monroe, Berks and Butler
counties will each get one new position.
Also
in 1999, three judges will be added to the Philadelphia Municipal Court and
one new judge will be added to the Traffic Court of Philadelphia.
***
Executions -- An execution must be carried out within 60 days after a
death warrant is signed or reissued under Act 80, signed by the governor June
18, 1998.