With a daunting national recession taking its toll on state revenues, the Senate voted 37-13 for a $28.05 billion on-time 2010-11 state budget that holds the line on taxes while cutting over $1 billion in spending beyond what Gov. Ed Rendell proposed in February.

While House Bill 2279 contains a wide range of painful cuts to state programs and services, Senate Democrats were able to negotiate a $600 million investment hike in jobs and economic development programs, and provide a $250 million basic subsidy increase for public schools.

While there were no tax hikes to close the state’s $1.3 billion revenue deficit, the budget does tap numerous dormant one-time revenue sources such as the Key 93 Fund, Emergency Medical Services Operating Fund, Oil and Gas Lease Fund and Low Level Nuclear Waste Site Fund. The spending plan also relies on the U.S. Congress to approve $850 million in federal stimulus FMAP (Federal Medical Assistance Percentage) dollars.

Both budget supporters and opponents crossed party lines.

Reasons for voting against the budget ranged from criticism about balancing the budget with anticipated FMAP dollars to cutting valued human service programs. Many opponents said they would have rather raised additional revenue through a tax on smokeless tobacco, natural gas drilling and closing the so-called “Delaware” corporate tax loophole to help relieve some of pain from the budget cuts.

Supporters reasoned that the state should “live within its means” just like struggling Pennsylvania families; and that raising taxes during a recession would only worsen and lengthen the impact of recession.

The budget agreement also calls for the legislature to work this fall on establishing a new severance tax on natural gas drilling. This tax, which would presumably take effect in January, would generate state revenue and help local communities repair roads, bridges, streams, fields and forests impacted by drilling.

The governor enacted the bill as Act 1A of 2010

* * *

The Senate voted unanimously in favor of House Bill 2281. This bill appropriates $38.8 million from the Professional Licensure Augmentation Account to fund the Bureau of Professional and Occupational Affairs in the Department of State.

The bill also appropriates funds for the State Board of Medicine ($6.4 million), the State Board of Osteopathic Medicine ($973,000), the State Board of Podiatry ($189,000) and the State Athletic Commission ($518,000).

The bill is currently on the governor’s desk.

* * *

By a unanimous vote, the Senate sent the following budget bills to the governor’s desk:

· House Bill 2280 appropriates $1.06 million to the Office of Small Business Advocate for its utility-related operations.  The office is part of the Department of Community and Economic Development.

· House Bill 2282 appropriates $5.2 million to the Office of the Consumer Advocate within the office of the Attorney General.

· House Bill 2283 appropriates $43.5 million to fund the administrative costs of the Public School Retirement System (PSERS).

· House Bill 2284 appropriates $28 million to fund the administrative costs of the State Employees Retirement System (SERS).

· House Bill 2285 makes appropriations from the restricted revenue accounts within the State Gaming Fund and from the State Gaming Fund to the Pennsylvania Gaming Control Board ($35.8 million), the Department of Revenue ($9.9 million), the Pennsylvania State Police ($18.2 million) and the Attorney General ($994,000).

· House Bill 2287 appropriates $56 million in state funds and $4.2 million in federal funds to the Public Utility Commission (PUC) for its operations, and appropriates $1 million in federal funds to the PUC for 2009-10 fiscal year.

· House Bill 2292 appropriates $333.8 million in state and federal American Recovery and Reinvestment funds to the Pennsylvania State University.  The school received the same amount of funding as in the 2009-10 budget. This bill is currently on the governor’s desk.

· House Bill 2293 appropriates $168 million in state and federal American Recovery and Reinvestment Act funds to the University of Pittsburgh. The school received the same amount of funding as in the 2009-10 budget. This bill is currently on the governor’s desk.

· House Bill 2294 appropriates $172.7 million in state and federal American Recovery and Reinvestment Act funds to Temple University. The school received the same amount of funding as in the 2009-10 budget. This bill is currently on the governor’s desk.

· House Bill 2295 appropriates $13.8 million in state and federal American Recovery and Reinvestment Act funds to Lincoln University.  The school received the same amount of funding as in the 2009-10 budget. This bill is currently on the governor’s desk.

· House Bill 2296 appropriates $30.5 million in state funds and federal American Recovery and Reinvestment Act funds to the University of Pennsylvania. The appropriation includes $29.754 million for the veterinary school and $248,000 to the Center for Infectious Disease. The school received the same amount of funding as in the 2009-10 budget. This bill is currently on the governor’s desk.

* * *

By a vote of 36-13, the Senate approved the Fiscal Code (Senate Bill 1042) required to implement the appropriations provisions of the budget.  The vote on the fiscal code was delayed when Senate Republicans and House Democrats faced off over a Senate Republican intention to add funding for an Independent Fiscal Office to the code.   Majority leadership in both chambers eventually agreed to insert this paragraph:

“It is the intent of the Senate majority leadership and House majority leadership to pass legislation that establishing a new independent agency to be known as the Independent Fiscal Office no later than October 1, 2010, with an effective date for implementation no later than January 1, 2011.”

The House approved Senate amendments and the bill awaits the governor’s signature.

* * *

The Senate voted unanimously in favor of House Bill 2286, which appropriates $74.9 million from the Workmen’s Compensation Administration Fund to the Department of Labor and Industry and the Department of Community and Economic Development.

The bill also provides an appropriation from a restricted account within the fund for the Office of the Small Business Advocate ($190,000) under the Department of Community and Economic Development.

The bill is currently on the governor’s desk.

* * *

The Senate voted 38-12 in favor of House Bill 2289, the state’s Capital Budget and Project Itemization Act for fiscal year 2010-11.

The measure specifies the maximum principal amount of additional debt that can be incurred during the 2010-11 fiscal year for a limited number of projects in the capital projects itemization bill. In all, the bill authorizes $1.587 billion, which is $95 million less than what was authorized the previous fiscal year.

The bill now goes to the governor.

* * *

The Senate unanimously passed Senate Bill 699 which would create the Adult Protective Services Act to ensure that adults who are unable to protect themselves from abuse or neglect have access to services necessary to protect their health, safety and welfare.

The Adult Protective Services Act would create procedures for filing complaints of abuse, neglect and exploitation.  It would also create guidelines for investigations of those complaints and the development of service plans to remove the adult from imminent harm.

Senate Bill 699 would create a system to protect adults who are between 18 and 60 years old similar to the ones in place for older adults and children.

Under the bill, Pennsylvania would contract local providers of protective services to carry out the provisions of the law.  These agencies would receive reports of abuse 24 hours a day and follow-up to ensure no further harm is inflicted on the adult.

This bill would cost Pennsylvania $76,000 initially and $4.5 million by fiscal year 2013-14 to fully implement the provisions.

The bill is now in the House.

* * *

The Senate approved House Bill 1859 by a 50-0 vote.  This bill increases fines, prison terms, license revocations, and grading of offenses for serious game law violations.

Under the legislation, the penalty for illegally shooting a deer out of season or at night with a light would be increased to a $1,000 fine and up to one year in jail.  The previous fine ranged from $200 to $300.  In addition, the punishment for shooting other big game or multiple deer is raised from a summary offense to a misdemeanor and, in some cases, felonies.

The legislation also addresses the buying and selling of animal parts from endangered species and big game animals. In recent years, organs and other specific animal parts have found their way onto the black market, where the demand and value is high. To deter poaching, this bill increases the punishments, including fines up to $25,000 and up to 60 months in prison.          Another provision of House Bill 1859 addresses mistaken kills of whitetail deer. If a hunter mistakenly takes a game animal in season, he will present it to the Game Commission officer and pay the current processing fee due for that species with no possibility of further charges being filed.

The House concurred in Senate amendments and the bill is now awaiting the Governor’s signature.

* * *

The Senate unanimously passed Senate Bill 900, which would help municipalities prevent blight and remediate abandoned properties.

The bill, based on the findings and recommendations of the Blight Task Force, would hold property owners accountable for the costs to secure, remediate or demolish blighted structures. It would also expedite the process of prosecuting owners of blighted properties and give municipalities the authority to go after the financial assets of negligent owners.

Lastly, Senate Bill 900 would permit local governments to deny permits to owners of blighted properties; develop an education program for judges and district justices relating to blighted and abandoned property; and create county housing courts to fight blight at the local level.

The bill is now in the House.

* * *

The Senate passed House Bill 1332 by a 49-1 vote.  This bill would make communication between Critical Incident Stress Management Teams (CISM) and emergency responders confidential.

Critical Incident Stress Management Team Members are individuals who are specially trained to provide on-site crisis intervention services to law enforcement officers to help them deal with the extreme emotional stress that follows incidents involving the loss of life. The bill was crafted following the shooting deaths of three Pittsburgh police officers in 2009.

Under the bill, any statements made by first responders to CISM team members could not be used in a legal proceeding, trial or investigation before any government unit. Testimony from the crisis team member would not be allowed without the consent of the individual making the disclosure.

The bill is now on the governor’s desk.

* * *

The Senate unanimously approved legislation that gives consumers recourse if their long-term insurance benefits are denied.

Under House Bill 1251, a consumer would have the right to appeal the decision of an insurance company’s denial of a long-term care claim to an independent review organization. If the claim is still denied, the consumer would be able to go to court.

The bill is now on the governor’s desk.

* * *

By a 49-1 vote, the Senate approved House Bill 1800, which would ensure that retirees who make less than $19,200 and qualify for an exemption from paying vehicle registration fees would not be penalized for receiving any federal or state stimulus money that puts their income above that limit.

The bill is in the House Rules Committee.

* * *

The Senate unanimously approved Senate Bill 87, which would allow community colleges and state-related or state-owned universities to charge residential tuition rates to any active military personnel, their spouse or dependents who are taking online courses.

Current law does not allow these institutions to offer the in-state tuition rate to servicemen and women unless they are state residents.

The bill is now on the governor’s desk.

* * *

The Senate unanimously approved Senate Bill 260, which would give the Attorney General concurrent jurisdiction with county district attorneys to investigate and initiate criminal actions involving the sexual abuse of children.

Specifically, this bill would give the Attorney General the authority to investigate and initiate criminal proceedings when the crime involves more than one Pennsylvania county or a county and another state.

The bill was amended in the Senate Rules Committee to make corruption of a minor a third degree felony when a sexual related offense is involved. A third degree felony is punishable by a maximum seven years in prison and/or a maximum $15,000 fine.

The bill is now in the House Rules Committee.

* * *

The Senate unanimously approved Senate Bill 1305, which would raise the weight limit exemption for farm vehicles from the current 17,000 pounds to 26,000 pounds as allowed by federal law.

This bill would provide relief to drivers of farm vehicles and combinations with weight and weight ratings of less than 26,001 pounds from any intrastate motor safety requirements, whether the vehicle is operated alone or is towing a trailer or other farm implement.

Additionally, the bill clarifies that tractors, which are not regulated by the Federal Motor Safety Carrier Administration, remain exempt from Pennsylvania regulation in the future.

The bill is now in the House.

* * *

By a unanimous vote, the Senate passed House Bill 9, which would extend until 2020 the service of the Pennsylvania Conservation Corps (PCC), which was set to expire on June 30.

PCC is a statewide program that offers work experience, job training and educational opportunities to young people who complete conservation, recreation and historical preservation projects on the state’s public lands. PCC corps members are between the ages of 18 and 25 and work in crews under the guidance of adult crew leaders.  Since its creation in 1984, 14,000 corps members have completed more than 1000 projects.

The Senate amended the bill to remove a provision that would have made crew leaders eligible for state health and retirement benefits.

The House unanimously concurred in the amendment and Gov. Rendell signed the bill into law as Act 37 of 2010.

* * *

The Senate voted 40-10 for House Bill 1186, which would create the Department of Drug and Alcohol Programs.

The cabinet-level department would develop and adopt a state plan for the control, prevention, intervention, treatment, rehabilitation, research, education and training aspects of drug and alcohol abuse and dependence problems.  The department would also require all appropriate state and local departments to engage in implementing the state plan by submitting annual reports detailing the activities and effects of the state plan.

In addition, this bill would change the structure of the Pennsylvania Higher Education Assistance Agency Board of Directors.   In order to make the board less political and more of a private sector board of directors, this bill would allow each legislative caucus to appoint one person with private sector experience in accounting, finance, education or law to replace a legislator currently on the board who decides not to be reappointed.  Each caucus can only appoint one non-legislative member to the board.  The board will still consist of 20 members (8 appointed by the President Pro Tempore, 8 appointed by the Speaker of the House, 3 appointed by the Governor, and the Secretary of Education).

The measure now goes to the governor.

* * *

The Senate unanimously approved Senate Bill 1334, which would make service contracts exempt from the insurance law.

Service contracts include items such as DVD player extended warranties, warranties on a home furnace, and even extended warranties on a vehicle.

Some consumers use the insurance company law to deal with these matters, even though they are not a part of the law. The bill clarifies this exemption.

The bill is now in the House Insurance Committee.

* * *

The Senate unanimously approved Senate Bill 460, which would create the “Indoor Tanning Regulation Act.”

Under this legislation, no person would be able to establish, maintain, or operate a tanning device without first having obtained a licensed from the Department of Public Health and Welfare.

The bill would also require a tanning facility to post a warning sign regarding tanning in a place readily visible to persons entering the establishment and require each customer to sign a warning statement.

Additionally, the bill would require tanning facilities to keep and maintain all documentation for at least three years.

Tanning facility operators who violate this act would be charged with a misdemeanor and could have their license suspended or revoked.

The bill is now in the House.

* * *

By a vote of 38-12, the Senate approved House Bill 2290, raising the Commonwealth’s General Obligation debt ceiling by $600 million for new Redevelopment Assistance Capital Projects.  The debt ceiling is raised from $3.45 billion to $4.05 billion.   The bill was amended in the Senate to lower the ceiling from the $4.25 billion in the House version.

The House approved the amendment and the bill awaits the governor’s signature.

* * *

By a unanimous vote, the Senate approved House Bill 2493, amending the Pennsylvania Municipal Retirement Law (Act 15 of 1974) to meet federal Internal Revenue Code requirements as well as the provisions of Act 44 of 2009.

The Pennsylvania Municipal Retirement System received approval from the IRS on the changes on March 4, 2010. By federal law, the corrections must be completed within 150 days of approval by the IRS or the approval may be revoked.

The House approved Senate amendments and the bill awaits the governor’s signature.

* * *

The Senate approved House Bill 254 by a vote of 48-2.  The bill would require the Department of Welfare to create a form for determining eligibility for veteran’s benefits.  The department would also be required to make the form available online.

The bill would also establish the Quality Care Assessment to be imposed on services at hospitals in order to generate additional revenue.  The funds collected from this assessment would help make medical care more accessible to medical assistance recipients.

The Quality Care Assessment Account would be established in the General Fund and would be provided for Medical Assistance payments to hospitals and Medical Assistance managed care organizations for supplemental payments for inpatient hospital services.

The bill now goes to the governor.

* * *

The Senate unanimously passed Senate Bill 1327, which would increase pilot fees for the Port of Philadelphia.

Current pilot fees, set at $12.36 per unit, would go up to $12.61 per unit on January 1, 2012l; and increase again, to $12.86 per unit, on January 1, 2013.

The bill is now in the House.

# # #

The Senate unanimously approved legislation that contains numerous omnibus amendments to Title 15 (Corporations and Unincorporated Associations) and Title 20 (Decedents, Estate and Fiduciaries).

Senate Bill 53 affects changes to the Uniform Trust Act;  the rule against perpetuities; payment of the Federal estate tax; the Uniform Principal and Income Act;  rules governing the death of a party during a divorce proceeding; and powers of Attorney, among others.

The bill is now in the House.

The Senate unanimously approved Senate Bill 1181. This bill would add language to the Insurance Company Law of 1921 to extend immunity from liability in the absence of fraud or bad faith to employees of insurers, self-insurers or insurance licensees who investigate insurance fraud claims when they are sharing information with other employees or other insurers who also investigate fraudulent claims.

The bill is now in the House.

The Senate unanimously approved legislation that would recognize voluntary open adoption agreements and streamlining procedures for retrieving adoption records.

Senate Bill 1360 would allow a perspective adoptive parent to enter into a voluntary agreement with a birth relative of a child to permit continuing contact between the child and the birth relative. If the child is age 12 and older, the child’s consent would be required. The court would only approve the agreement if all parties enter voluntarily, and it is in the best interest of the child.

When there is no agreement and the adopted child wants to find out the identity of his or her birth parents, the bill provides for an authorized representative to use reasonable efforts to locate them. If the birth parent is found, he or she would have to give written authorization before the identifying information is released.

The bill also establishes a registry for the receipt, filing and retention of medical and social history information.

The bill is now in the House.

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The Senate passed House Bill 47 with a 35-15 vote.  The measure would create the “Sudden Infant Death Syndrome Education and Prevention Program.”

The program would promote public awareness and educate parents on the risk factors and prevention of Sudden Infant Death Syndrome (SIDS) and Sudden Unexplained Death in Infants (SUDI).

The measure is now back in the House.

* * *

The Senate unanimously passed House Bill 101, which would establish the Economic Education and Personal Financial Literacy Program in elementary and secondary schools.

The omnibus amendment to the school code would make numerous changes to public school programs and operations, including:

  • School violence;
  • PA children of active military personnel;
  • Financial reporting of schools;
  • Teacher certification requirements;
  • State and local tax exemptions for school property owned by or leased to a charter school, cyber charter school or associated nonprofit foundation used for school purposes;
  • Creation of the Higher Education College Textbook Affordability, Accountability Accessibility Act;
  • Allowing approved private schools and chartered schools for the deaf and blind to apply directly to PDE for emergency permits for employee certifications;
  • Allowing a board of school directors to establish an “Operation Recognition” program to award high school diplomas to honorably discharged veterans of the Vietnam War who would have graduated from high school if not for entering military service;
  • Requirement of school entities to develop policies to allow students to self-carry asthma inhalers and epinephrine auto-injectors, provided the students demonstrate competency to use them;
  • Establish the Science in Motion Program;
  • Requiring the Department of Education to provide school districts with information and curriculum concerning economics, economic education and personal financial literacy;
  • Establishing a sexual violence awareness education program and a student bill of rights;
  • Establishing a program to permit older Pennsylvanians to take college courses on a tuition-free basis;
  • Requiring the Department of Education to pay all or a portion of the cost for teachers to obtain National Board of Professional Teaching Standards certification;
  • Establishing state standards for business, computer and information technology courses;
  • Requiring schools to include information regarding food allergy reaction management in their local wellness policies;
  • Requiring the Department of Education to report graduation and dropout rates in Pennsylvania and establish and maintain a data collection and reporting system; and
  • Requiring the Department of Education to develop a model dating violence policy and would also require school districts to develop a dating violence policy, conduct dating violence training for staff and provide dating violence education to all students in grades 7 through 12.

The bill now returns to the House.

* * *

The Senate unanimously approved legislation that strengthens the penalty for impersonating a police officer in the City of Philadelphia.

Under the First Class City Government Law, this crime is currently a misdemeanor, punishable by up to six months in jail and a fine of up to $500.

House Bill 106 repeals both the offense and penalty of impersonating a police officer in the First Class City Government Law in order to strengthen a similar but more general offense contained in Title 18 (Crimes and Offenses), which grades this crime as a second-degree misdemeanor that is punishable by up to two years imprisonment and a fine of up to $5,000.

By removing the impersonation offense from First Class City Government Law, a defendant would not be able to argue for the lesser punishment found in that code.

The bill is now on the governor’s desk.

* * *

The Senate unanimously approved legislation that strengthens the penalty for impersonating a police officer in the City of Pittsburgh.

Under the House Bill 105, this crime would be upgraded from a $500 misdemeanor to a second-degree a misdemeanor, punishable by up to six months imprisonment and a fine of up to $5,000.

By removing the impersonation offense from Second Class City Law, a defendant cannot argue for the lesser punishment, which exists under the current law.

The bill is now on the governor’s desk.

* * *

The Senate unanimously passed House Bill 181, which would limit of the power of Game Commission enforcement officials to stop, detain and search people.

Under the bill, a game official could only pull someone over under reasonable suspicion or administrative procedures for road check points, and must state the purpose of the stop.

Additionally, officers could only perform a search of a person and their belongings due to probable cause, by consent or by warrant requirements. Lastly, a Game enforcement officer could only demand identification from a person if that individual is the subject of an official investigation.

The bill was prompted by complaints that many game officials were abusing their authority, and that their enforcement powers are above and beyond what even police officers have.

The bill is now on the governor’s desk.

* * *

By a vote of 34-14, the Senate passed a bill that would crack down on businesses that designate some employees as “independent contractors” to save money on fair wages, workers compensation costs and compliance with other state work rules.

House Bill 400 (The Workplace Fraud Act) sets standards and provides penalties for misclassification of a company’s employees. An intentional violation could bring criminal penalties.

Under the legislation, independent contractors must at least:

· be free from control and direction for such services and customarily perform such services in an independently established business or profession;

· maintain a separate business office (which may be in an individual’s home);

· operate under written contracts that include the work, payment, and prohibit the independent contractor from retain anyone other than employees or other independent contractors that meet these criteria to complete work; and

· complete their federal income taxes as an independent contractor.

The bill now goes back to the House for concurrence to Senate amendments.

* * *

The Senate unanimously approved House Bill 727, which would bring state penalties for the offense of trademark counterfeiting in line with the stricter federal standards.

If a person is convicted of this offense, the court would order the person to pay restitution to the trademark owner and to any other victim of the offense.

The bill is now in the House Rules Committee.

* * *

The Senate unanimously approved legislation that requires private vendors who want to establish a halfway house in a community to provide notice and a public hearing.

A halfway house is a community corrections facility for inmates with prerelease status or individuals who are on parole.

House Bill 1281 would provide the community an opportunity to receive information, ask questions and express concerns regarding the request to build a halfway house and the subsequent impact on the community. A transcript of the public hearing would be submitted to the Department of Corrections as part of the vendor’s request to build and operate a facility.

A public hearing would not be required for renewal of an existing contract at a facility that has been in use for a minimum of five years.

The bill is now on the governor’s desk.

* * *

The Senate unanimously approved legislation that would amend the “Continuing-Care Provider Registration and Disclosure Act” to give the Insurance Department more administrative flexibility to conduct financial exams on the growing number of continuing care providers.

House Bill 1376 would require continuing care providers to keep certain business records in a manner determined by the Insurance Department to facilitate the Department’s financial examination of the continuing care providers.

Also, the department would be required to examine continuing care providers every four years, with an examination at least once during a provider’s first five years of operation, and once during the provider’s second five years of operation.

Examinations would be conducted at the Insurance commissioner’s discretion based on the following criteria: results of financial statement analyses, changes in management or ownership, certified public accountant reports, the volume and nature of resident complaints, length of time provider or facility has been furnishing care, changes to disclosure statements or resident agreements, expansion of existing facilities or addition of new facilities, and other information that the commissioner deemed relevant.

The bill is now on the governor’s desk.

* * *

The Senate unanimously passed a package of bills seeking to conform municipal police and firefighter provisions to federal and state anti-discriminating laws.

House Bills 1515, 1516, 1517, and 1518 would require applicants for municipal police and firefighter positions to take a physical fitness or agility examination.  These bills would also require each applicant, if made a conditional offer of employment, to be given a physical and psychological medical examination.

This package of bills would also require the commission to rank the applicants from highest scoring to lowest upon completion of the written and physical fitness exams.

The amended bills were returned to the House.

* * *

The Senate unanimously passed House Bill 1671, which adds a clerk of the orphan’s court to the County Records Committee in every county except Philadelphia, increasing membership of the committee from 15 members to 16 members.

The bill is now on the governor’s desk.

* * *

The Senate unanimously approved legislation that would clarify that service contracts are not insurance products and, therefore, should not be regulated by insurance law.

A service contract would be defined as “a contract or an agreement to perform the service, repair, replacement or maintenance of property and provide liability.” Its purpose is to provide coverage for a service repair and replacement due to normal wear and tear or inherent defect. Insurance, on the other hand, provides coverage against a property being destroyed or damaged for extraordinary reasons other than normal wear and tear.

Therefore, under House Bill 1774, a service contract would not be construed to be the business of insurance and would be exempt from insurance law.

Currently, Pennsylvania does not have a specific service contract law.

The bill is now on the governor’s desk.

* * *

By a vote of 47-0, the Senate passed an amended version of House Bill 1990 that would   increase the annual meeting and dues expenses allowed for county directors of veterans’ affairs from a maximum of $100 to a maximum of $400.

The bill is now in the House.

* * *

The Senate unanimously approved legislation that would increase the monetary sum of civil actions authorized to be brought and heard within the jurisdiction of the Philadelphia Municipal Court and the Magisterial District judges.

Under House Bill 2172, the Philadelphia Municipal Court and Magisterial District judges would have jurisdiction over civil actions when the sum amounted is less than $12,000.

Current law has a $10,000 limit for Philadelphia Municipal Court and $8,000 for Magisterial District judges.

In cases before both courts, plaintiffs may waive a portion of their claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of the courts based on the new limits.

An amendment was added to the bill that would reduce the number of judges in the Fifteenth Judicial District of Common Pleas Court (Chester County) from 14 to 13 as a temporary cost-cutting measure. This act would expire Jan. 8, 2014.

The bill is now in the House Rules Committee.

* * *

The Senate approved House Bill 2212 with a 46-1 vote.  The bill would rename the Mobile Home Park Rights Act as the “Manufactured Home Community Rights Act” and would replace all references to “mobile home” with the term “manufactured home.”

The bill now goes to the House.

* * *

The Senate voted 44-3 in favor of legislation that would strengthen the penalty for drivers who seriously injure or kill an on-duty emergency responder.

House Bill 2246, which would be known as the “Sgt. Michael Weigand Law,” would add up to five additional years, at the court’s discretion, to the penalty for homicide by vehicle if the victim was an emergency responder acting in an official capacity. If an offender seriously injures an on-duty emergency responder, it would be considered a third-degree felony and the court would have the discretion to add an additional two years to the sentence.

The bill would also establish several new annual hauling permits and allows school-chartered buses to transport school children to a school-related event only if that vehicle is not used to transport school children to or from their residences or designated bus stops.

The bill is now in the House Rules Committee.

* * *

By a vote of 42-5, the Senate passed House Bill 2291, the Capital Budget Bill.

The bill authorizes $4.5 billion in capital improvement projects in categories ranging from transportation assistance to flood control and park improvements.

The bill now goes back to the House for concurrence on Senate amendments.

* * *

The Senate unanimously approved legislation that would protect Pennsylvania trucking firms from unfairly being held responsible for damage caused by a shipper improperly packing goods.

House Bill 2375 adds a chapter titled “Motor Carriers” to the Transportation Code and voids agreements in transportation contracts that protect a shipper from liability for loss or damage caused by negligence.

The bill is now on the governor’s desk.

* * *

The Senate voted 43-4 for legislation that would establish procurement goals for veteran- owned small businesses.

Under Senate Bill 162, the Department of General Services and other state purchasing agencies would be required to establish a policy and publicize regulations regarding veteran-owned businesses. The state’s various purchasing agencies would be required to set an annual goal of issuing at least 5 percent of their contracts (by total dollar amount) to veteran-owned businesses.

The bill is now in the House.

* * *

The Senate voted 47-1 for legislation establishing “installation police officers” at Fort Indiantown Gap and other designated commonwealth military facilities and lists their powers and duties while patrolling the facilities.

Under Senate Bill 384, installation officers would be responsible for protecting and enforcing good order at Fort Indiantown Gap, escorting disorderly individuals and trespassers from the grounds, preventing and investigating criminal acts, apprehending, arresting and charging criminal offenders.

Any employee commissioned to be an installation officer would successfully complete a course of training and any other periodic training. Installation officers would be considered state employees.

The bill is now in the House.

* * *

The Senate unanimously passed Senate Bill 890, which would require Pennsylvania schools to report on the interscholastic athletic opportunities available to boys and girls in secondary school due to federal requirements regarding gender equity in educational programs that receive federal funding.

The bill would also require the Department of Education to develop the reporting form and instructions, provide technical assistance, disclose the reporting results publicly and publicize any rules, regulations or standards necessary to implement the law.

The bill now goes to the House.

* * *

By a vote of 32-16, the Senate approved Senate Bill 906, which would define “agricultural bio-security area” in the Agricultural Code and give the Department of Agriculture the authority to require that such an area be established, if necessary, to control or contain disease. The bill would require clearly marked posted notice of this area.

The bill would also amend the Crimes Code to make it a first-degree misdemeanor to enter such an area without authorization and without first performing the posted bio-security measures.

Also, trespassing into an agricultural bio-security area would be considered “ecoterrorism” if there is intent to release a dangerous transmissible disease or hazardous substance into the environment.

The bill is now in the House.

* * *

The Senate unanimously passed Senate Bill 976, which would create the Missing Endangered Person Advisory System under the Pennsylvania Amber Alert System law.

The Missing Endangered Person Advisory System would assist the State Police in the recovery of missing adults who are at special risk of harm or injury through prompt notification to the general public, appropriate law enforcement authorities, and other agencies. The State Police would operate the system.

The bill is now in the House.

* * *

The Senate unanimously passed Senate Bill 1272, which would permit the state Game Commission to create regulations that would allow the transfer of tags from a licensed mentor hunter to a youth mentor hunter who is being introduced to the sport.  The legislation would only allow the transfer of one antlerless tag per year.

The bill would also lower the age for when a hunter can obtain a falconry permit from 16 to 12 and change the fees for permits from $25 per bird to a flat fee of $50.

This bill is now in the House.

* * *

The Senate voted 38-9 for Senate Bill 1280, which would amend the Medical Care Availability and Reduction of Error (MCARE) Act by locking in future basic insurance coverage requirements for hospitals and health care providers.

For policies issued or renewed in 2002, the basic insurance coverage would be $500,000 per occurrence or claim and $1.5 million all told annually for a health care provider that is not a hospital, or $2.5 million all told annually for a hospital.

For policies issued or renewed in 2003 or after, the basic insurance coverage would be $500,000 per occurrence or claim and $1.5 million all told annually for a health care provider that is not a hospital; $1 million per occurrence or claim and $3 million all told annually for a non-participating health care provider or $2.5 million all told annually for a hospital.

For 2003 or after, the limit of liability fund would be $500,000 for each occurrence and $1.5 million all told annually. If the basic insurance coverage requirement is increased for each year following the increase the limit of liability of the fund would be $250,000 for each occurrence and $750,000 all told annually and zero in other cases.

For assessments for 2003-2018, the fund would be funded by an assessment on each participating heath care provider. Assessments would be levied by the Insurance Department on or after January 1 of each year.

For 2018 and after, if the basic insurance coverage requirement is increased the Insurance Department could discount the total assessment by a specified amount.

The bill is now in the House.

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The Senate passed Senate Bill 1429 by a 47-0 vote.  This bill would remove second class (Allegheny County) and second class A (Bucks, Delaware, Montgomery counties) from the Municipal Consolidation or Merger Act and expand the procedure to be used to consolidate or merge two or more municipalities into a single municipality.

Currently, consolidation or merger may be commenced by a joint agreement adopted by ordinance by the governing bodies of the municipalities proposed for consolidation or merger or by initiative of electors.

This bill would add a third option allowing one or more of the municipalities to use a joint agreement and the remaining municipalities to use initiative of electors.

This bill would also establish the Commonwealth Municipalities Consolidation and Merger Program within the Department of Community and Economic Development.  This program would provide loans and grants to municipalities under guidelines issued by the DCED.

The bill is now in the House.

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The Senate unanimously passed Senate Bill 1469, which would make numerous changes to update the state’s Right-to-Know Law.

This bill would give agencies 30 business days, instead of 30 calendar days, when an extension to respond to a records’ request is sought. It would also allow county, school districts and municipalities to charge up to half of what it charges to copy records when requesters ask to review records even if duplication is not sought.

Lastly, this bill would narrow the types of records government contractors and volunteer emergency responders must provide.

The bill is now in the House.

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