Monday, December 5,
2005
Senate Bill 618 (Waugh) would limit the
liability of those who sponsor, organize, conduct
or provide equine activities by applying the
doctrine of knowing voluntary assumption of risk.
Liability for negligence would be barred when the
doctrine of knowing voluntary assumption of risk
is proven with respect to damages due to injuries
or death of an adult participant resulting from
equine activities. Immunity would apply to the
activities outlined in the bill when signs
measuring at least three feet by two feet are
conspicuously posted on the premises in two or
more locations indicating that participants assume
the risk of equine activity under Pennsylvania
law. Evidence of viciousness of an equine would
not be required for liability to apply. The act
would not affect any common law or statute
relating to the protection of the user of a horse,
or to actions under the Motor Vehicle Code. The
immunity provided by the act would be narrowly
construed. Passed: 48-0.
Senate Bill 860 (Waugh) would amend the Plain
Language Consumer Contract Act to require a
contract under seal to include a statement, signed
by the consumer, in 10-point type that is
substantially similar to the statement included in
the legislation. Failure to include the signed
statement would create an irrebuttable presumption
that the parties did not intend to create an
instrument in writing under seal. The requirement
would apply to contracts entered into on or after
the effective date of the act. Passed: 48-0.
Senate Resolution 206 (Washington)
commemorates the exemplary achievements of C.
DeLores Tucker of Philadelphia who died October
12, 2005 at 78 years of age. Adopted by Voice
Vote.
House Bill 515 (Reed) would amend the Tax
Reform Code of 1971 to:
-
Reduce the Personal Income
Tax rate from the current level of 3.07 percent
to 3.05 percent for taxable years commencing
with or within calendar year 2007, and each
taxable year thereafter;
-
Increase the Net Operating
Loss cap to $5 million for taxable years
beginning in calendar year 2007, to $7.5 million
for taxable years beginning in 2008, to
$10 million for taxable years beginning in 2009,
and to $10 million or 75 percent of taxable
income, whichever is greater, in 2010 and
thereafter;
-
Increase, by ten percent
each year, the weight of the sales factor under
the CNI used to apportion business income of
multi-state corporations from 60 percent in 2006
to 100 percent in 2010 and thereafter; and,
-
Exempt "clean rooms" and
their component systems that are utilized in the
manufacturing process from the sales and use
tax.
The act would take effect on
January 1, 2007. Concurrence in House Amendments
to Senate Amendments: 35-13.
House Bill 1057 (Maitland) would create the
Retired Law Enforcement Personnel Identification
Act. The measure would establish a system for the
issuance of uniform identification and qualification
cards for retired law enforcement officers and to
provide a uniform method of annual firearms
qualification for retired officers. The system
would implement the Federal Law Enforcement Officers
Safety Act of 2004, which permits retired officers
to carry firearms. The Municipal Police Officers'
Education and Training Commission would administer
the act.
Law enforcement agencies would
have to provide each officer, upon retirement, with
a retired law enforcement identification card. The
cards would be uniform on a form set by the
Municipal Police Officers' Education and Training
Commission. A law enforcement agency could charge a
reasonable fee, not to exceed $15, for each
identification card. A retired law enforcement
officer, who meets training and qualification
standards, would also be eligible for a firearm
training and qualification card. A qualification
card would have to contain the name and signature of
a sheriff and a unique approval number provided by
the Pennsylvania State Police to the sheriff. In
order to obtain the approval number, the sheriff
would have to request a criminal history record, a
juvenile delinquency record and mental health check
of the officer each time a new qualification number
is requested. The sheriff would collect a fee not
to exceed $5 per request for a confirmation number,
with all fees collected being transmitted to the
State Police within 14 days of collection. A
sheriff who complies in good faith with the law
would be immune from liability. If a retired law
enforcement officer becomes legally ineligible to
possess a firearm, he or she would be required to
surrender the qualification card within five days.
Failure to surrender the card would be a summary
offense. Passed: 48-0.
Executive Session
Nominations to Various Boards
and Commissions. (See Attached) Confirmed: 48-0.
Tuesday, December 6, 2005
Senate Bill 394 (Corman) would amend the
Municipal Police Pension Law to increase the maximum
allowable amount of monthly length-of-service
increments from $100 to $500 after five years of
service in excess of 25 years. An additional change
would permit a municipality or regional police
department operating under a home rule charter which
had pension plans in effect prior to January 24,
2001 that provided pensions in an amount greater
than one-half of monthly average salary to continue
to do so. Passed: 49-1.
Senate Bill 435 (Corman) would amend the
Judicial Code to provide that when damages in a
negligence action are awarded and liability is
assigned to more than one defendant, each defendant
would be liable for that portion of damages in the
ratio of that defendant's liability to the amount of
liability attributed to all defendants. The bill
would establish that a defendant's liability would
be several and not joint, and the court would be
required to enter a separate and several judgment in
favor of the plaintiff and against each defendant
for the apportioned amount of that defendant's
liability. Joint and several liability would be
allowed against a defendant for the entire amount of
an award, regardless of the percentage of liability
for:
- Intentional misrepresentation;
- Intentional tort;
- Actions where a defendant is
held liable for no less than 60 percent of the total
liability apportioned to all parties;
- A release of a hazardous
substance under the Hazardous Sites Cleanup Act; or
- A civil action in which a
defendant has violated the Liquor Code by providing
liquor to a visibly intoxicated person.
In these cases, the defendant
could recover contributions from defendants who have
paid less than their proportionate share or from any
other person pursuant to the terms of a contract.
Among other provisions, the bill would require that
the question of liability of any defendant be
transmitted to the trier of fact. The act would
apply to causes of action which accrue after its
effective date. Passed: 32-18.
Senate Bill 573 (Gordner) would amend the Fourth
through Eighth Class County Assessment Law to
require that the tax rates in fourth through eighth
class counties be adjusted following a countywide
reassessment to ensure that the reassessment is
revenue neutral. After the tax rates have been
adjusted, the governing body of the applicable
taxing authority would be required to cast a
separate vote if it wants to raise the tax rate
consistent with the limitations placed on the amount
of an increase under current law (five percent for a
county or municipality and 10 percent for a school
district). The House amendment to the bill would
make the act effective immediately. Concurrence in
House Amendments: 50-0.
Senate Bill 895 (Tomlinson) would amend the
Crimes Code to add animals used by police
departments created by a metropolitan transportation
authority under 74 Pa. C. S. Chapter 17 and the
Second Class County Port Authority Act to the list
of animals protected as police animals. Passed:
50-0.
House Bill 111 (Mustio) would amend the Liquor
Code to make a number of changes. Among other
provisions, the bill would:
- Modify the definition of "case" for malt and brewed
beverages to reduce the total volume requirement
from 288 ounces to 264 ounces;
- Change the definition of "eligible entity" to
include a non-profit entity whose purpose is to
raise funds for the research and treatment of cystic
fibrosis; a non-profit economic development agency
in Pittsburgh with the primary function of
attracting film and media projects to southwestern
Pennsylvania; and, a junior league in a third class
city that has been in existence for over 70 years
and promotes the volunteerism of women and
developing and participating in community projects;
- Amend various sections providing for liquor licenses
and service areas to clarify that the Board has the
discretion to grant or deny licenses for the
extension of premises or secondary services areas;
- Extend the provisions permitting licenses to be kept
in safekeeping from February 1, 2006 to February 1,
2007;
- Clarify that coupons can be used at beer
distributors;
- Further provide for Sunday hours of operation and
activities for manufacturers, importing distributors
and distributors of malt and brewed beverages;
- Permit liquor licensees or retail dispensers to
allow students receiving instruction in a performing
art to perform an exhibition in observance of ethnic
heritage if the students are not compensated and are
under proper supervision. Written notification of
the performance would have to be provided to the
Enforcement Bureau prior to the performance; and,
- Clarify the provisions prohibiting the sale or
purchase of a controlled substance or drug
paraphernalia on the premises of a licensee.
-
Passed: 46-4.
Wednesday, December 7, 2005
Senate Bill 736 (Robbins) would amend the
Pennsylvania Construction Code Act to provide for
the issuance of occupancy certificates for certain
uncertified buildings that were not approved for use
and occupancy before April 9, 2004. Specifically,
the legislation would require the Department of
Labor and Industry and municipal building code
inspectors to issue occupancy certificates for any
commercial or industrial structure that was occupied
prior to April 10, 2004 and did not possess an
occupancy permit if the structure meets the
requirements outlined in the bill. A permit could
not be issued if the building is deemed unsafe
because of inadequate means of egress, inadequate
light and ventilation, fire hazards or other dangers
to human life or to public welfare. The Department
of Labor and Industry would be required to adopt
regulations providing for temporary occupancy.
Passed: 49-0.
Senate Bill 881 (Piccola) would amend Title 26
(Eminent Domain) to add Chapter 2, the Property
Rights Protection Act. The bill would prohibit the
taking of private property through the use of
eminent domain for private enterprise. The bill
provides for certain exceptions under the
prohibition including, among others, if the
condemnee consents to the use of the property or if
the property meets the definition of "blight."
Multiple properties could only be declared blighted
if a majority of the geographic area is blighted.
An additional change would extend the period that an
area can be designated blighted without being
reevaluated from 10 years to 20 years. The measure
would also prohibit a political subdivision from
exercising eminent domain in another political
subdivision without the consent of the political
subdivision where the land is located. Passed:
49-0.
Senate Bill 897 (Brightbill) would consolidate
eminent domain law within the Eminent Domain Code.
The bill would make several changes to existing
provisions. Among other modifications, the bill
would:
- Prohibit a political subdivision from exercising
eminent domain in another political subdivision
without the consent of the political subdivision
where the land is located;
- Broaden the application of the Code to cover all
public utility condemnations;
- Increase the limitation on eligible reimbursement of
appraisal, attorney, and engineering fees from $500
to $3,000;
- Allow a judge to determine reasonable
attorney fees when a condemnee challenges the original
just compensation offer and the verdict is at least 25
percent greater than the original offer;
- Permit a condemnee to receive special damages up to
$24,000 for loss caused by reduction in rental income;
- Increase damages for dislocation of businesses and
farm operations in addition to other allowable
damages;
- Increase the additional payments for relocation
expenses for homeowners and tenants;
- Create the Housing Replacement Authorization Act to
allow the acquiring agency, as a last resort, to
purchase, construct, reconstruct or otherwise provide
replacement housing by using funds authorized for the
project; and
- Expedite appeals in eminent domain proceedings and
establish a six-year statute of limitations in
condemnation actions.
Passed: 49-0.
Senate Bill 1034 (Orie) would amend the
Appropriation Act of 2005 to increase the
appropriation for the payment of law enforcement
officers' and emergency response personnel death
benefits from $775,000 to $2,407,000. Passed: 49-0.
