The Senate unanimously approved Senate Bill 1054, the 2011-12 Capital Budget legislation. Under the bill, the state would be authorized to incur a maximum of $1,662 billion in bond indebtedness for the upcoming fiscal year, $75 million more than the previous year. The bill now goes to the House.

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The Senate unanimously passed Senate Bill 1055, which would appropriate $27.3 million for the general government operations of the State Employees Retirement System (SERS) for the 2011-12 fiscal year. The appropriation would be what the governor requested in his March budget proposal. The bill now goes to the House.

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The Senate unanimously passed Senate Bill 1056, which would appropriate $44.1 million for the general government operations of the Public School Retirement System (PSERS) for the 2011-12 fiscal year. The appropriation would be what the governor requested in his March budget proposal. The bill now goes to the House.

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The Senate unanimously approved Senate Bill 1057, which would appropriate $43.865 million from the General Fund to the Department of State to fund the Bureau of Professional and Occupational Affairs ($35.5 million); State Board of Medicine ($6.6 million); State Board of Osteopathic Medicine ($960,000); State Board of Podiatry ($189,000); and State Athletic Commission ($509,000). The bill now goes to the House.

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By a unanimous vote, the Senate approved Senate Bill 1058, which would appropriate $81.9 million from the Workmen’s Compensation Administration Fund to the Department of Labor and Industry to administer the Workers’ Compensation Act and the Pennsylvania Occupational Disease Act. The bill would also provide $194,000 to the Office of the Small Business Advocate under the Department of Community and Economic Development. The bill now goes to the House.

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 The Senate unanimously approved Senate Bill 1059, which would appropriate $58.898 million from the state General Fund; and $3.9 million in federal funds to the Public Utility Commission. The federal dollars would go for natural gas pipeline safety ($1.501 million); motor carrier safety ($1.888 million); and ARRA for electric regulatory assistance ($511,000). The amounts reflect what Gov. Tom Corbett requested in his budget proposal. The bill now goes to the House.

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The Senate unanimously approved Senate Bill 1060, which would appropriate $5.189 million from the General Fund to the Office of Consumer Advocate in the Office of Attorney General. The measure would cut the agency’s current $5.2 million fiscal year funding by $11,000. The bill now goes to the House. 

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By a 48-1 vote, the Senate approved Senate Bill 1061, which would appropriate $1.092 million to the Office of Small Business Advocate in the Department of Community and Economic Development for fiscal 2011-12. The bill now goes to the House.

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The Senate approved (37-12) Senate Bill 3, which would prohibit health insurance policies sold through the Pennsylvania Health Insurance Exchange from covering elective abortions.

However, the policies sold through the exchange would cover abortions in cases of rape, incest, or the health of the mother. 

The bill would not prohibit an individual from purchasing optional supplemental abortion coverage as long as the person pays a separate premium for the coverage and obtains the coverage outside of the health insurance exchange.

The legislation is consistent with the abortion restrictions for the Medical Assistance program and all Commonwealth health insurance policies that are funded with state or federal dollars. 

The Commonwealth is prohibited from spending public funds to pay for abortions or to cover abortion services.

The bill is now in the House Insurance Committee.

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The Senate approved (41-8) legislation banning handheld cell phone use while driving.

Senate Bill 314 would prohibit drivers from using an interactive wireless communication device to send, read or write a text message while driving.

Talking on a handheld cell phone while driving would be considered a secondary offense and only would be applicable when a driver has been cited for another Vehicle Code violation, just like the state’s current seat belt law.

Texting, instant messaging, e-mailing and browsing the Internet on a wireless device would be considered a primary offense.

Exemptions would be allowed for a person operating an emergency vehicle, law enforcement when performing official duties, fire company personnel when performing official duties, and coroners or deputy coroners when performing their official duties. Drivers are also exempt if they are using their handheld device to call 911 or 511.

The bill also significantly changes the law with regard to teenage driving. It would prohibit junior motorists who are within their first six months of driving from transporting more than one passenger under the age of 18 who is not a family member unless accompanied by a parent or guardian. 

The bill is now in the House.

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The Senate unanimously approved legislation that would provide for right to counsel in juvenile proceedings.

Senate Bill 815 would require that legal representation must be provided for a child in all juvenile proceedings and cannot be waived at any stage of a proceeding, except at an intake conference conducted by a juvenile probation officer following the submission of a written allegation.

Current law allows for a parent or guardian to waive counsel for a child with the exception of those cases where the interests of the child conflict with those of the parent or guardian.

This bill was introduced in response to the severity of problems discovered in the Luzerne County juvenile justice system, in which the right to counsel in a great number of proceedings were routinely waived resulting in placement in a juvenile detention facility. 

The bill is now in the House.

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The Senate unanimously passed Senate Bill 263, which would help ensure that state regulations are based on reliable data and sound science.

This bill would expand the scope of review by the Independent Regulatory Review Commission (IRRC) to include the examination of the quality of data, studies, reports and information underlying state regulations being implemented.

Under this legislation, the state agency seeking to implement a regulation would have the responsibility to provide to the IRRC a sufficient description of any data upon which the regulation is based as well as a detailed explanation of how the data was obtained and why the data is acceptable.

The bill is now in the House.

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The Senate unanimously approved legislation that would create a victim advocate devoted to juvenile justice.

Senate Bill 816 would amend the Crime Victims Act to direct the victim advocate to advocate for juvenile justice victims.

This is a result of a study of the juvenile justice scandal in Luzerne County.

The bill is now in the House.

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The Senate unanimously passed legislation that would restrict the use of restraints on children during court proceedings.

Senate Bill 817 would require that restraints, such as handcuffs, chains, shackles, irons or straitjackets would be removed from the juvenile offender prior to a court proceeding, except if the restraints are necessary to prevent physical harm to the juvenile or others; prevent disruptive courtroom behavior if the juvenile has a history of disruptive courtroom behavior; or prevent a juvenile with an escape history from fleeing the courtroom.

The court would also have to determine if there are no less restrictive alternatives to restraints that would prevent harm, disruptive behavior or flight.

The bill would also require that the child would be provided an opportunity to be heard regarding the necessity of restraints before the judge orders the use of restraints. If the restraints are needed, the judge would make the findings of fact on the record in support of the order.

The bill is now in the House.

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The Senate unanimously approved legislation that would require a court to publicly state the reason for the disposition of a delinquent child on the record in open court. 

Under Senate Bill 818, the court would be required to state the reasons for its disposition on the record in open court along with the goals, terms and conditions of that disposition.

If a child is to be committed to out-of-home placement, the court must state why a juvenile was commitment to the specific facility was determined to be the least restrictive placement that is both in the best interest of public safety and is best suited for the child’s treatment, rehabilitation and welfare.

The bill is now in the House.

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The Senate unanimously passed Senate Bill 227, which would require that family day care homes provide proof of general liability insurance when applying for a registration certificate. 

This bill would also require the family day care home to post and provide the day care’s current registration certificate, a copy of department regulations, a copy of the facility’s inspection summary and any other record required by the Department of Public Welfare.  In addition, a current copy of the family day care home’s insurance policy would have to be on file at the facility. 

The bill now goes to the House.

 

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The Senate unanimously passed Senate Bill 389.  This bill would redefine “vocational agricultural education” to mean vocational education which provides students with the skills and academics needed to enter and advance in careers in the food, agriculture and natural resources sciences.

The bill now goes to the House.

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The Senate unanimously passed Senate Bill 366, which would remove one member of the general public from the State Board of Vehicle Manufacturers, Dealers and Salespersons and add a mobility vehicle dealer who has been working in the business for five years.

There are currently four members of the general public, with no connection to the vehicle business, on the board.

The measure now goes to the House.

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The Senate unanimously passed Senate Bill 460, which would require certain information to be provided whenever a lessor pays for oil or gas production to an interest owner.  All of the following information would have to be included on the check stub or on an attachment:

  • the lease identification number;
  • month and year of sales or purchase included in the payment;
  • total barrels of oil or amount of gas purchased;
  • total amount of severance and production taxes;
  • net value of total sales from the property after taxes are deducted;
  • interest owner’s interest in production;
  • interest owner’s share of the total value of sales prior to any tax deduction; and
  • interest owner’s share of the sales tax value less the interest owner’s share of the production and severance taxes.

The bill now goes to the House.

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