WEEKLY SESSION NOTES
Senate Republican Policy Committee – Joe Conti, Chairman

Monday, May 9, 2005 

Senate Bill 62 (Earll) would amend Title 62 (Procurement) to add Chapter 46, the Local Government Unit Electronic Bidding Act.  Under the provisions of the chapter, local governments would be permitted to enter into contracts for supplies and services by competitive electronic bidding.  The local government would be required to state in the invitation for bids that the bids would be received in an electronic auction manner.  All bids received and the name of each bidder would be open to the public at the conclusion of the auction.  Electronic bidding could not be used for construction contracts or for the acquisition of design professional services.  A contract would have to be awarded to the lowest responsible bidder within 60 days of the auction or all bids would have to be rejected.  Extensions of the date for the award could be made by mutual written consent of the local government unit and the lowest responsible bidder.  Passed:  47-0.

Senate Resolution 117 (Erickson) commends the Hahnemann Creative Arts in Therapy Program for 30 years of academic excellence.  Adopted by Voice Vote. 

Senate Resolution 118 (C. Williams) designates the month of May 2005 as "Macular Degeneration Awareness Month" in Pennsylvania.  Adopted by Voice Vote. 

Executive Session

Gwendolyn Simmons – Council of Trustees of California University.  Confirmed:  47-0. 

Carol A. Edwards – State Board of Cosmetology.  Confirmed:  47-0. 

Tuesday, May 10, 2005

Senate Bill 82 (Greenleaf) would create the American, Commonwealth and Military Flag Act to permit the display of a flag by residents of a homeowners' association.  Under these provisions, an association could not prohibit the outdoor display of one American, Commonwealth, and military flag by a unit owner on that unit owner's property.  The flag could not be larger than five feet by three feet.  The association could adopt rules and regulations regarding the location, size and use of a flagpole, but could not prohibit the use of wall brackets to display the flag.  Passed:  47-0. 

Senate Bill 198 (Greenleaf) would create the Floral Transaction and Consumer Protection Act to prohibit deceptive business practices in the floral industry.  Under the provisions of the bill, it would be considered a deceptive business practice and unlawful for a supplier to misrepresent its geographic location by listing a fictitious or assumed business name in a local telephone directory if all of the following apply:  the listing fails to identify the locality and state of the supplier's business; the calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the calling area covered by the local telephone directory; and the supplier's business location is located in a county that is not contiguous to a county in the calling area covered by the local telephone directory.  A person could petition a court to enjoin the prohibited conduct.  The court could impose a civil fine of up to $500 per day until the supplier complies with the order to enjoin the prohibited conduct.  The court could award reasonable attorney fees and costs to the person bringing the action if the court finds that the violation was willful.  The provisions of the act would not apply to advertising media or a distributor or publisher of a local telephone directory.  Passed:  47-0. 

Senate Bill 462 (D. White) would amend the Liquor Code to permit any distributor or importing distributor in any county other than a first class, second class, or second class A county to accept cash for payment of malt or brewed beverages if the purchaser is licensed by the Liquor Control Board.  Passed:  41-6. 

Senate Resolution 119 (D. White) recognizes the contributions of American Gold Star Mothers, Inc., which was founded after World War I to unite mothers who had lost sons or daughters in that war.  The chief function of the American Gold Star Mothers is to assist veterans at veterans' homes.  Adopted by Voice Vote.

Senate Resolution 120 (Conti) recognizes the contributions of the Blue Star Mothers of America, Inc., which is a patriotic service organization founded in 1942 to unite mothers who have sons and daughters in the United States military.  Adopted by Voice Vote.

Executive Session

Sandra W. Upor – Judge, Court of Common Pleas, Somerset County.  Confirmed:  47-0.

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  47-0.

Wednesday, May 11, 2005

Senate Bill 157 (Armstrong) would amend the Local Tax Enabling Act to further provide for the emergency and municipal services tax.  Among other provisions, the bill would: 

  • Provide for an exemption from the tax for persons with total incomes of less than $12,000;

  • Provide that no more than 25 percent of the tax could be withheld from a taxpayer per quarter;

  • Limit the maximum tax that a person is required to pay to $52 regardless of the number of taxing jurisdictions in which the person is employed;

  • Authorize a school district to levy an EMS tax of $10 in locations where the municipality does not levy the tax;

  • Provide that where a municipality and the school district levy the tax, the school district may only collect a $5 tax which would be paid to the school district from the funds levied and collected by the municipality; and

  • Expand the eligible uses for the tax revenue to permit tax relief through the implementation of a homestead and farmstead exclusion.  Passed:  47-0.

Senate Bill 464 (Scarnati) would amend the Unemployment Compensation Act to make a number of changes.  The bill would: 

  • Provide that employers and claimants could be represented by counsel or other duly authorized agent in any proceeding under the act before the Department of Labor and Industry, a referee or the Unemployment Compensation Board of Review.  This change would statutorily reverse the "Harkness" case in which the Commonwealth Court ruled that corporations could only use attorneys to represent them in unemployment compensation proceedings; 

  • Modify provisions governing unemployment compensation tax calculations to comply with federal law.  The federal SUTA Dumping Act of 2004 requires states to amend their unemployment compensation laws to prohibit certain practices utilized by employers to reduce their UC tax rate by shifting their workforce to another entity; and, 

  • Establish a special fund to be known as the Job Training Fund.  Monies deposited in the Fund would be used to provide competitive job training grants to entities providing workforce education programs and services in sixth, seventh and eighth class counties.  Preference would be given to counties with high unemployment rates.  Grants could be made to entities in the other classes of counties to that extent that funds remain.  On June 25th of each year, the Secretary of Labor and Industry would be required to transfer all monies in the Special Administration Fund exceeding $200,000 to either the Job Training Fund or the Employers Contribution Account within the Unemployment Compensation Fund.

Passed:  47-0.

Senate Resolution 121 (Tomlinson) designates May 21, 2005 as "Child Passenger Safety Day" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 122 (Stack) proclaims May 15, 2005 as "Israel Independence Day" in Pennsylvania.  Adopted by Voice Vote.