POST SESSION REPORT (October 6, 2004)
   

PASSED THE SENATE

 


HB 796, PN 4409
  The bill amends the Pennsylvania Municipalities Planning Code (PMC) by eliminating the requirement that all municipalities participating in a multimunicipal plan be contiguous. Thus, this would allow noncontiguous municipalities to enter into a multimunicipal plan with other municipalities that are within the same school district.  The bill clarifies Section 903(a). Members of the zoning hearing board shall hold no other elected or appointed office in the municipality and adds new language that no member of the board shall be an employee of the municipality.  A 50-0 vote was recorded.

HB 2437, PN 3448   The bill amends the Second Class Township Code to increase the maximum number of persons permitted to serve on the Recreation Board from seven to nine created by ordinance the Board of Supervisors.  A 50-0 vote was recorded.

HB 2724, PN 4382   The bill amends the Controlled Substance, Drug, Device and Cosmetic Act, making it a felony of the third degree to manufacture methamphetamine in a structure where a minor is present.  A 50-0 vote was recorded.

HB 2739, PN 4127   The legislation provides for restitution for clean up of clandestine laboratories as part of a criminal sentence.   This term includes any location or site, buildings, vehicles, etc., in which glassware, heating devices precursors or related reagents or solvents are present which are intended to be used to unlawfully manufacture a controlled substance. “Clean up” refers to actions required to contain, collect, control, identify, disassemble, remove or disperse substances in such clandestine laboratory, including hazardous waste caused by such substances.  Accordingly, upon conviction of an offense under the Controlled Substance, Drug Device and Cosmetic Act, relating to the manufacture of a controlled substance, the court would be authorized to order the person to make restitution for the cost incurred in the clean up of the clandestine laboratory used in the manufacture of the drug. Cash shall include labor, equipment, and supplies.  A 50-0 vote was recorded.

SB 346, PN 1864   Currently, each person who files a nominating petition for such positions shall pay for each petition at the time of filing.  The filing fee varies for various posts.  This bill removes the $5 fee for any positions within a borough, town or township of the first class.  The bill also provides that an automatic recount take place when statewide candidate loses by .5% or less.  A 50-0 vote was recorded.

HB 2655, PN 3954  This legislation amends Title 18 by making the penalty for theft of anhydrous ammonia a felony of the 2nd degree punishable by a fine of up to $25,000 and up to 10 years imprisonment.

Senator Kukovich attempted to amend this bill.  The amendment would prohibit public officials from having a financial interest relating  to gaming.  Two motions were voted on to stop the amendment from being considered. 

Motion to recess for a Rules committee meeting.  A 28-22 vote was recorded.

Motion to table bill.  A 28-22 vote was recorded.  

SB 1209, PN1862 This bill amends Section 1512 (General Rule) of the Gaming Law to prohibit any executive-level State employee, public official, party officer or immediate family member from having a financial interest in or be employed, directly or indirectly, by any manufacturer licensee, supplier licensee, licensed racing entity or licensed gaming entity, or holding, affiliate, intermediary or subsidiary company, or any applicant for such a license.  The definition of financial interest is also amended to strike the previous language that allowed a 1% financial interest. Added though to the definition of a financial interest is language stating that a financial interest shall not include stock held in a mutual fund.  The bill also allows greater local zoning control over gaming locations, requires state police background checks for board members and prohibits board members and employees from holding or campaigning for public office.  A 49-1 vote was recorded.

There was a motion to move the previous question on this bill by Sen. Corman.  This seldom used practice, cuts off debate, does not allow for amendments and calls for an immediate vote.  This was done to thwart Democratic efforts to offer amendments that would strengthen the bill.  A 28-22 vote, along party lines was taken and the motion passed.

The Senate recessed to the call of the president pro tempore by a vote of 28-22.    

SB 1201, PN 1803   The legislation adds an exception to the advertising and bidding requirements for real property owned by a Borough, which will be sold to a non-profit museum or historical society.

            A3783  This is a technical amendment.  A 50-0 vote was recorded.

Executive Nominations

The following nominees were confirmed by the Senate.  A 50-0 vote was recorded for each.

Duane Shuman, State Conservation Commission
Linda Osinupebi, Delaware County Board of Assistance