Senate Accomplishments
Bills Passed/Other Action
2009 - 2010

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Accomplishments 2007-2008
 

 
 
       
 

 

 
 

ENACTING A RESPONSIBLE STATE BUDGET
 

 
  PA Enacts Budget That Cuts Spending
The Senate approved a state budget for Fiscal Year 2009-10 that reduces state spending and maintains state services and programs without a broad-based tax increase. Act 10A of 2009 sets general fund spending at $27.8 billion – more than $1 billion less than the Governor's initial budget request and nearly $500 million less than the approved 2008-09 budget total of $28.267 billion.
In order to balance revenues and expenditures, the budget eliminates or reduces spending across the board, including the Legislature. The Senate received a $9.7 million reduction and the House received a $7.3 million cut in funding.
The spending plan uses approximately $25.17 billion in state funds augmented by $2.6 billion in federal stimulus funds.
More than $650 million of federal stimulus funds is allocated for basic education to bolster state support for Pennsylvania's school districts. Overall basic education funding is increased by $300 million to $5.53 billion.
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Major Reform Budget Process Enacted
The Senate approved legislation intended to fundamentally reform Pennsylvania's budgeting process while increasing transparency and accountability in state government.
Act 50 of 2009, includes a provision sponsored by Senate Finance Committee Chairman Pat Browne (R-Lehigh) to establish a Legislative Fiscal Office (LFO), a non-partisan bi-cameral agency with expertise in financial matters.  The LFO will have access to the same agency and department financial information as the Governor's Budget Office. 
While the Governor and Legislature must agree on spending during budget negotiations, the Administration currently has sole discretion over setting the revenue projection for the upcoming fiscal year. Under the news law, the LFO will submit a preliminary revenue estimate during the second week of February, a week after the Governor traditionally presents his budget request for the upcoming fiscal year. The LFO would then submit a binding revenue estimate for the upcoming fiscal year by June 15.
The law also requires state agencies and departments to submit their budget requests to the LFO at the same time they submit them to the Office of the Budget. Pennsylvania was one of only eight states where the Legislature does not receive the agency budget requests.
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GOP Leaders Seek to Set Core Guidelines FOR Federal Stimulus Spending
Senate Republican leaders announced their sponsorship of a resolution outlining core principles that the Senate will follow when determining how federal stimulus money will be spent in Pennsylvania.
The resolution is sponsored by Senate President Pro Tempore Joe Scarnati (R-Jefferson), Senate Majority Leader Dominic Pileggi (R-Delaware), Senate Majority Whip Jane Orie (R-Allegheny) and Senate Appropriations Committee Chairman Jake Corman (R-Centre).
The senators said that funding should be distributed based on the following principles:     

  • Maximize the use of the funds to address current deficits and revenue shortfalls. 
  • Avoid the permanent expansion of current programs and the creation of new programs and ensure funds are appropriated to programs that will most efficiently utilize the money to stimulate the economy, create and preserve jobs and protect taxpayers. 
  • Avoid the acceptance of federal stimulus funds that require the permanent expansion of benefits and thereby place additional costs on the Commonwealth and its taxpayers.

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Senate Approves Bill Providing Oversight of Federal Stimulus Dollars
The Senate unanimously approved legislation that would provide transparency and oversight of all federal stimulus dollars spent in Pennsylvania. 
Senate Bill 6, sponsored by Sen. Mike Brubaker (R-Lancaster), would create a bipartisan 11-member commission to track, monitor and report on all funds distributed to Pennsylvania as part of the American Recovery and Reinvestment Act. The bill would create reporting standards for state agencies to determine exactly how and where these additional funds will be used and require the state to establish a searchable database of individual stimulus projects for the public to review online.
The commission will be made up of four members of the governor's cabinet, one member appointed by each of the four legislative caucuses, and three members of the general public appointed by the governor, the Senate President Pro Tempore and the Speaker of the House of Representatives.   
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Senate Approves Transfer of Funds to Ease Budget Deficit
The Senate approved legislation sponsored by Senate Environmental Resources and Energy Committee Chair Mary Jo White (R-Venango) to transfer much-needed revenue into the state's General Fund budget, helping to close a budget deficit without increasing taxes on working Pennsylvanians.
Senate Bill 490 would transfer $174 million from the Oil and Gas Lease Fund to the General Fund to help address the state's $2.3 billion budget deficit.
The governor's plan for balancing the budget is predicated on transferring $174 million to the General Fund. The legislation accomplishes that. It does so while leaving more than enough money to fund Pennsylvania's environmental programs.
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Sen. Brubaker Introduces Legislation to Establish Two-Year Budget Cycle 
HARRISBURG – Sen. Mike Brubaker (R-Lancaster) introduced legislation that would establish a two-year budget cycle in Pennsylvania to promote greater efficiency and productivity in state government. 
Senate Bill 1232 would reduce the time and resources necessary to enact a new budget each year and encourage the governor and the Legislature to incorporate long-term perspectives in budgeting. The plan would also allow for a more in-depth review of how state agencies spend taxpayer dollars. 
The proposed legislation would require an amendment to the state Constitution. To become law, the bill would have to pass in two consecutive two-year legislative sessions before going before the voters for final approval via referendum.
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REFORMING STATE GOVERNMENT | Back to Top
 

 
 

Senate GOP Reform Package: Taxpayer Transparency Act Approved
This measure is part of a Senate Republican package designed to continue changing the culture of state government by increasing accountability and transparency.
The Taxpayer Transparency Act, a key Senate Republican reform measure to expand the public's access to state spending records, was approved by the Senate by a 30-19 vote.
Senate Bill 105, sponsored by Sen. Pat Browne (R-Lehigh), would direct the Department of the Treasury to create and maintain a searchable budget database-driven website that the public can access, for free.
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Senate GOP Reform Package: Crackdown on Sunshine Law Violations Approved
These measures are part of a Senate Republican package designed to continue changing the culture of state government by increasing accountability and transparency.
The Senate approved legislation sponsored by Sen. Lloyd Smucker (R-Lancaster) that would increase penalties for violating the "Sunshine Law" governing open, public meetings.  
Senate Bill 101 would increase the maximum fine for intentional violations from $100 to up to $1,000 for a first offense, and up to $2,000 for a subsequent offense.
The Senate also approved Senate Bill 110, sponsored by Senator Smucker, which would improve public access to, and expand information contained in, state plane logs.  This measure was prompted by a critical audit report from the state Auditor General.
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Sweeping Gaming Law Reform Bill Approved by Senate
The Senate overwhelmingly approved bipartisan legislation to make significant reforms to the law governing casinos in Pennsylvania.
Senate Bill 711 is sponsored by Sen. Jane Earll (R-Erie), who chairs the Senate Community, Economic and Recreational Development Committee. It would make numerous changes to the law regulating casinos in Pennsylvania. It would reestablish the prohibition on political campaign contributions by individuals and entities subject to the Gaming Act, bar outside employment by members of the Pennsylvania Gaming Control Board (PGCB), and extend the ban on felons receiving gaming licenses.
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Senate Republicans: No Lame Duck Session in 2010
Senate President Pro Tempore Joe Scarnati (R-Jefferson) and Senate Majority Leader Dominic Pileggi (R-Delaware) announced that the Senate will not convene for a regular lame duck session in 2010.
The 28 days between November 2 and November 30 are known as a "lame duck" session because some members of the General Assembly can vote on legislation despite the fact that their successors have already been elected. The state constitution prohibits a governor from seeking a third term. Because of that restriction, if a lame duck session were held this year, the governor would be in the position of signing or vetoing legislation after his successor was already elected.
Senator Kim Ward (R-Westmoreland) has introduced Senate Bill 106, a constitutional amendment which would eliminate regular lame duck sessions. It would allow the legislature to convene if a special session is necessary. A similar bill was approved by the Senate last session but did not advance in the House. 

 

 

Proposed Senate Rules of Ethical Conduct Unveiled
The proposed bipartisan Senate Rules of Ethical Conduct were introduced by Senate President Pro Tempore Joe Scarnati (R-Jefferson) and Senate Majority Leader Dominic Pileggi (R-Delaware) as Senate Resolution 228. The rules were the subject of a Senate Rules Committee public hearing.
The Senate Rules of Ethical Conduct include: 
  • No Senate employee may conduct any campaign activity on Senate work time.
  • No campaign activity may be conducted in a Senate office or with Senate resources.
  • The solicitation or receipt of campaign contributions on Senate work time or with Senate resources is prohibited.
  • No Senate employee may be required to perform campaign activities or to make campaign contributions.
  • Annual training shall be provided to all senators and all Senate employees related to the Senate Rules of Ethical Conduct, the Ethics Act, and the Lobbyist Disclosure Act.

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GOP Legislation Would Return Funds From Legislative Accounts
Senate President Pro Tempore Joe Scarnati (R-Jefferson) announced legislation that would transfer a significant portion of surplus funds from legislative accounts to the General Fund.
Senate Bill 10 would leave sufficient funds in legislative accounts to continue operations for up to four months in the event of an emergency or budget impasse. The bill would require that all funds in excess of this reserve be returned to the General Fund after each fiscal year.
It is estimated that the legislation will return over $100 million to the General Fund this year to help balance the budget. Since 2006, the yearly appropriation to the Senate has dropped six percent, and the number of employees in the Senate Republican Caucus has been reduced approximately nine percent.
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Senate Adopts Rule Prohibiting Robo-Call Funding
Senate Majority Leader Dominic Pileggi (R-Delaware) applauded the Senate's unanimous adoption of a rule to prohibit Senate funds from being used for automated telephone -- or "robo" -- calls.
Senate Resolution 6, adopted unanimously, goes into effect immediately. Senator Pileggi and Senate Minority Leader Robert Mellow introduced a similar resolution last session.
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Senate Passes Bill to Ensure State Regulations are Based on Reliable Data
Legislation sponsored by Sen. Ted Erickson (R-Delaware) to help ensure that state regulations are based on reliable data and sound science was unanimously approved by the Senate.
Senate Bill 136, the Data Quality Act, would expand the scope of review by the Independent Regulatory Review Commission to include the examination of the quality of data, studies, reports and information underlying state regulations being implemented. 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.
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Timely Online Filing of Lobbyist Disclosure Filings
The Senate approved legislation sponsored by Senate President Pro Tempore Joe Scarnati (R-Jefferson), would require the Department of State to post lobbyist disclosure filings online within seven days of receiving them.
Senate Bill 896 amends the Lobbyist Disclosure Act, which does not currently set a timeframe for the posting of computerized filings.
 

 
 

REDUCING THE TAX BURDEN | Back to Top
 

 
  Special Commission to Identify Government Cost-Savings Measures
The Senate approved a measure creating the bipartisan Government Management and Cost Study Commission to identify additional cost-saving measures in state government.
Senate Resolution 161, sponsored by Sen. David Argall (R-Schuylkill), creates a commission made up of 10 appointees from the private and public sectors to help the Senate identify and eliminate unnecessary government spending.  The commission will utilize existing Senate staff with no additional cost to the taxpayers, and will submit its findings and recommendations to the Senate by June 30, 2010.
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Committee Approves Bill Allowing Surviving Spouses to File Joint Returns
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh), approved legislation that will allow a surviving spouse to file a joint state income tax return. 
Senate Bill 953, introduced by Sen. Tommy Tomlinson (R-Bucks), amends the Tax Reform Code to allow a surviving spouse to file a joint return for the year in which his or her spouse died if a joint return could have been filed if both spouses were living for the entire taxable year.
The Finance Committee also approved Senate Bill 952, introduced by Senator Tomlinson, which eliminates penalties and interest for taxpayers who make estimated tax payments equal to the amount of the taxpayer's liability for the preceding tax year. This would allow Pennsylvania taxpayers to estimate their tax payments in a manner similar to that which is allowed for Federal income taxes.
 
 
 

IMPROVING HEALTH CARE | Back to Top

Senate Republicans are renewing their efforts to improve health care access and expand Pennsylvania's health care safety net through the HealthNET PA legislative package. HealthNET PA expands access to health care and medicine to uninsured and low-income working Pennsylvanians more quickly, and at a fraction of the cost of other state and national proposals.

 

 
 

HealthNET PA: Senate Votes to Expand Small Business Insurance Access
The Senate approved a HealthNET PA measure that extends continuation of group health insurance policies for former employees and dependents, making the option available to approximately 150,000 individuals who work for employers with 2 to 19 employees and who change jobs.
Senate Bill 442, sponsored by Senate Banking and Insurance Committee Chairman Don White (R-Indiana), creates a Mini-COBRA Small Employer Group Health Plan. The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) provides former employees, retirees, spouses, former spouses, and dependent children the right to continuation of health coverage at group rates for up to 18 months. However, COBRA benefits only apply to employers with 20 or more employees. SB 442 extends the COBRA guidelines in Pennsylvania to group plans that employ 2 to 19 employees. (House Bill 1089, Act 2 of 2009, is identical to Senate Bill 422.)

Also signed into law is House Bill 84 (Act 1 of 2009), which permits health insurers to withhold payment to providers in the event of a preventable serious adverse event. It is similar to legislation spearheaded by Senator White, Senate Bill 443.
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HealthNET PA: Senate Approves Bill Extending Insurance to Young Adults
The Senate unanimously approved HealthNET PA legislation that extends health insurance coverage to adult dependents up to the age of 30.
Act 4 of 2009, sponsored by Sen. Jake Corman (R-Centre), extends insurance to adult dependents up to the age of 30 who are not married, have no dependents, are residents of the Commonwealth or are enrolled as a full-time student at an institution of higher education and are not provided insurance coverage or eligible for government benefits.
The largest segment of the uninsured in Pennsylvania -- roughly half -- is young adults age 18 to 34.
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HealthNET PA: Senate Approves Health Care Volunteer Education Bill
The Senate approved HealthNET PA legislation that would credit volunteer time by health care professionals toward their continuing education requirements.
Senate Bill 464, sponsored by Sen. Pat Browne (R-Lehigh), would allow physicians, dentists, dental hygienists, nurses or certified registered nurse practitioners to apply volunteer time served in a community-based health care clinic towards the completion of no more than 20 percent of their mandatory continuing education hours required by their individual licensure boards.  
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HealthNET PA: Health Information Technology Act Approved by Committee
The Senate Public Health and Welfare Committee approved HealthNET PA legislation that would establish a Health Information and Technology Program.
Under Senate Bill 700 the program would provide loans to health care providers and health information centers to implement health information technology systems. 
A health information technology system is an automated system that integrates health records, clinical activities and data sharing in such areas as pharmacy ordering and tracking, and laboratory testing, as well as data sharing among health care facilities, physicians, and health insurers, and other transaction-monitoring that promotes patient safety and efficiency in the delivery of health care.

Committee Acts to Implement Corrections Pharmaceutical Savings
Legislation sponsored by Sen. Don White (R-Indiana) that would authorize the Corrections Department and county prisons to redistribute unopened prescription medicines was unanimously approved by the Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf (R-Montgomery).
Senate Bill 1044 would authorize correctional facilities to return the medicines to the pharmaceutical wholesaler for credit and potential redistribution to other correctional facilities. Pennsylvania's correctional facilities currently participate in a similar program, but no provisions exist under current law to govern these activities, which have been shown to be safe and save taxpayers $1million annually.
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Senate Approves Bill Reauthorizing Health Care Cost Containment Council
The Senate passed legislation reauthorizing the Pennsylvania Health Care Cost Containment Council (PHC4).
Under Act 3 of 2009, sponsored by Sen. Pat Vance (R-Cumberland), PHC4 was reauthorized until 2014.  The council collects data from hospitals, freestanding ambulatory surgery centers and some managed care plans, and provides it to consumers in a comparative format so they may make educated decisions on the purchase of their health care.
PHC4 has required legislation to extend its existence periodically since its founding in 1986.  The authorizing statute expired most recently on June 30, 2008, and the council was temporarily extended by executive order until June 30, 2009.
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Commission Proposed to Oversee Disbursement of MCARE Funds 
Seeking to keep doctors in Pennsylvania and hold down health care costs, Sen. John Rafferty (R-Montgomery) joined medical representatives to push for legislation he is sponsoring that would create an MCARE Commission to oversee the future disbursement of MCARE funds. 
Under Senate Bill 1174, the MCARE Commission will consist of representatives from the physician and hospital communities, the four legislative caucuses, the Administration and a medical student.   
The MCARE Abatement Program subsidizes 100 percent of the MCARE surcharge for high-risk specialty surgeons and 50 percent of the MCARE surcharge for other healthcare providers. The program is the keystone of the medical liability reforms enacted during 2002 and 2003. The program was renewed annually three times, up until the end of 2007.
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SUPPORTING EDUCATION | Back to Top
 

 
 

Committee Approves Education Improvement Tax Credit Expansion
The Senate Education Committee, chaired by Sen. Jeffrey Piccola (R-Dauphin), approved Senate Bill 899, legislation he has authored that would make long-overdue changes to Pennsylvania's Educational Improvement Tax Credit Program (EITC) by expanding income limits and allowances to benefit more families—without placing an additional financial burden on the Commonwealth.
EITC has been providing scholarships to children throughout Pennsylvania to attend the schools of their choice since 2001.  The program allows companies in the state to receive tax credits for contributions made to the scholarship program and provides parents the economic means to choose the learning environment they believe best meets the needs of their children, regardless of family income.
Under Senate Bill 899, the base amount of allowable household income for eligible families would increase from $50,000 to $60,000.  The legislation would also increase the capita income allowance for household dependents from $10,000 to $12,000.  A cost of living adjustment would be applied annually to the income guidelines as well.
Additionally, the bill would apply a multiplier to allowable household income for those families with special needs children.
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Senate Approves Measure to Block Costly New Graduation Tests
The Senate overwhelmingly approved legislation that would halt implementation of a costly new graduation test across Pennsylvania.
Senate Bill 281, sponsored by Sen. Jane Orie (R-Allegheny), would prohibit the state Department of Education from imposing any new statewide requirement for high school graduation without legislative approval.
Senator Orie introduced Senate Bill 281 to put a halt to a $201 million contract that the Department of Education signed with an out-of-state company to develop a new end-of-year test called the Keystone Exams.  Under the department's original proposal, all students would be required to pass ten subject area tests in order to graduate.
The Senate also approved Senate Bill 736, sponsored by Senator Orie, which would allow students with severe allergies to carry epinephrine medication -- such as EpiPen auto-injectors -- upon approval by the student's physician and parents.
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Senate Approves Safe Schools Package
The Senate approved a legislative package sponsored by Senate Education Committee Chairman Jeffrey Piccola (R-Dauphin) that would make significant changes to Pennsylvania's Safe Schools Law by ensuring those with criminal records are banned from employment in the Commonwealth's schools and improving the reporting requirements between school districts and local law enforcement.
Senate Bill 55 would establish a lifetime ban on working in schools for those who have been convicted of serious violent offenses, including sexual violence and crimes against children.  It also prohibits anyone convicted of any other felony crime from working in a school setting for at least 10 years.
Senate Bill 56 requires the Education Department to create an Office for Safe Schools within the agency and be charged with overseeing its work, rather than outsourcing that function as is currently done.  It also requires school entities to submit their violence reports to their local police department to verify the school's report.  An Auditor General's report found the department was not verifying the violence statistics it received from schools and that it was failing to monitor school violence.
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Committee Acts to Create Tuition Control Study Commission
The Senate Education Committee approved legislation sponsored by Sen. Jeffrey Piccola (R-Dauphin), Chairman of the Committee, which would take another step toward addressing the issue of college affordability by establishing a newly created commission to consider tuition control proposals and other measures to improve college affordability.
Under a revised version of Senate Bill 881, the Tuition Control Study Commission would be created.  The independent commission would be responsible for examining the costs of a college education for students in all sectors of higher education and determine ways by which Pennsylvania may authorize controls on annual tuition increases.  Following the commission's study, the group would be required to report its findings to the General Assembly.
The thirteen members to serve on the commission would include: The Chairman and Minority Chairman of the Senate and House of Representatives' Education Committees; The Secretary for the Department of Education; The Chairman of the State Board of Education; The Chief Executive of the Pennsylvania Higher Education Assistance Agency; four appointments by the Chairman of the State Board of Education representing the various sectors in higher education; and two current college or university students appointed by the Governor.
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Legislation Protecting Tax-Exempt Status of Charter Schools Approved
Legislation introduced by Senate Majority Leader Dominic Pileggi (R-Delaware) to protect the tax-exempt status of charter schools was approved by the Senate, 49 to 0.
Senator Pileggi noted that charter schools are public schools and should be treated as such. In most of Pennsylvania, there is no confusion on this point. Unfortunately, some local charter schools have received real estate tax bills and were forced to go to court to fight this inequity.
Senate Bill 687 explicitly states that all school property owned by a charter school or an associated non-profit foundation, or leased to a charter school at or below fair market value, which is used for public school purposes is exempt from taxation.
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Senate Acts to Simplify Financial Reporting Requirements for Schools
The Senate approved legislation to simplify annual financial reporting requirements to prevent duplication with the annual audit filed by local education agencies.
Under current law, all financial accounting and reporting of school districts and intermediate units must be in accordance with generally accepted accounting and reporting standards.
Under Senate Bill 287, sponsored by Sen. Pat Browne (R-Lehigh), the annual financial reports filed by school districts and intermediate units would be exempt from this requirement and the Department of Education would be required to establish a separate reporting standard for these reports. The standard would have to conform to fund level reporting criteria only.

Sen. Piccola Unveils Reforms to Pre-K Counts Program
Legislation that would improve the efficiency of Pennsylvania's new Pre-K Counts Program of subsidized pre-kindergarten services was introduced by Senate Education Committee Chairman Jeffrey Piccola (R-Dauphin).
Senate Bill 1073 reforms include changes relating to eligibility qualifications, fee structure, income verification, and auditing powers. The Pre-K Counts Program is currently offered at no cost to the qualifying family, regardless of income level. Senator Piccola's legislation would require a fee schedule be established for families above traditional low-income levels, but still keep the program free for those who satisfy the Head Start and subsidized day-care income eligibility guidelines. Senate Bill 1073 would also mandate income verification controls and expand auditing requirements.
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Teacher Strikes the Focus of Education Committee's Public Hearing
The Senate Education Committee, chaired by Sen. Jeffrey Piccola (R-Dauphin), convened a public hearing on teacher strikes and the impact walkouts have on Pennsylvania students, academic achievement and performance, and the public education system.
According to the Allegheny Institute, Pennsylvania is one of only 13 states to allow public school workers to strike.  Nearly 90 public school strikes occurred in the state between 2000-2001 and 2007-2008 school years, which averages to at least ten strikes per year.  Pennsylvania leads the nation in teacher strikes.
Those taking part in the hearing included critics of teacher strikes as well as state Education Secretary Gerald Zahorchak.
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FIGHTING CRIME | Back to Top
 

 
  Senate Votes to Allow Bail Denials for Serious Crimes, Dangerous Individuals
The Senate approved a measure introduced by Sen. Pat Browne (R-Lehigh) that would allow for the denial of bail in cases involving serious crimes or dangerous individuals.
Specifically, Senate Bill 366 would allow for the denial of bail for offenses where the maximum sentence is life imprisonment or for cases where there are no conditions other than imprisonment that will reasonably protect public safety.
In 1998, voters amended the Pennsylvania Constitution regarding bail.  However, the language in the Judicial Code, which corresponded to the procedure in the Pennsylvania Constitution, was not changed.
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Senate Approves Gordner Bills to Combat Methamphetamine
The Senate approved a four-bill package targeting the continuing problem of illegal production of methamphetamine.
Sponsored by Sen. John Gordner (R-Columbia), the bills will make it more difficult to obtain the ingredients necessary to produce methamphetamine, add new protections for children and clean up the environmental damage caused by illegal meth labs. The senator introduced the legislation with the support of Pennsylvania Attorney General Thomas Corbett and local law enforcement.
Senate Bill 124 provides for the specific offense of operating a methamphetamine laboratory, and increases penalties if the lab is operated near a school, day care center or playground.
Senate Bill 125 provides for penalties for possessing the ingredients necessary for the production of methamphetamine.
Senate Bill 126 provides for defendants to be assessed the environmental clean-up costs associated with methamphetamine laboratories.
Senate Bill 127 combines the criminal provisions of Senate Bill 124 and the environmental provisions of Senate Bill 126.
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Senate Votes to Authorize Problem Solving Courts
The Senate unanimously approved legislation aimed at improving public safety while providing more extensive supervision of non-violent offenders through problem solving courts. 
Problem solving courts, which include mental health courts and drug courts, divert non-violent offenders from more costly jail cells and encourage rehabilitation through extensive supervision. Such courts are being used across the nation to save money and help offenders who have particular issues including drug addiction and mental health issues.  
Senate Bill 383, sponsored by Sen. Jane Orie (R-Allegheny), would statutorily authorize the implementation of problem solving courts in the Commonwealth. It does not mandate them. 
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Senate Approves Review of Juvenile Justice System
The Senate approved legislation that seeks to prevent further cases of corruption in county juvenile courts and restore public confidence by establishing an Interbranch Commission on Juvenile Justice.
Senate Bill 949 was drafted by Sen. Lisa Baker (R-Luzerne) in response to an alarming case of corruption uncovered in Luzerne County, which resulted in hundreds of juveniles being improperly sentenced and inappropriately placed in detention centers.
The measure would create an 11-member commission, appointed by the Chief Justice, General Assembly and Governor, to conduct a thorough review of juvenile justice procedures, practices and rules and regulations and to pursue remedies and reform. 
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Senate Acts to Increase County Coordination of Juvenile Assistance
The Senate approved legislation that will enable county agencies to work in a cooperative manner to address family issues.
Senate Bill 531, sponsored by Sen. Pat Browne (R-Lehigh), provides for county interagency sharing of juvenile records, including the contents of drug and alcohol, mental health, and education records.
The senator noted that county agencies often have information about many of the same individuals or families, but because of confidentiality concerns, are unable to legally and officially transmit information about at-risk persons or families. Senate Bill 531 would facilitate the distribution of information between relevant agencies to prevent further victimization or criminal conduct of individuals in a family.
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Legislation Would Expand Self-Defense Law
Legislation that would establish the Castle Doctrine in Pennsylvania to protect gun owners who act in self-defense was announced by Sen. Richard Alloway (R-Franklin).
The measure would remove the "duty to retreat" clause when an individual is threatened by an attacker in any place that individual has a right to be, including the individual's home or vehicle. The bill would provide important protections against criminal prosecution or civil litigation for those who act to defend themselves.
Under Senator Alloway's bill, an individual would need to demonstrate a reasonable belief that he or she was in imminent danger in order to use lethal force. Twenty-three states have established the Castle Doctrine.
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Senate Approves Capital Punishment Bill
The Senate approved legislation that establishes a pretrial procedure to determine if a defendant in a capital penalty trial is a person with mental retardation.
Under Senate Bill 628, sponsored by Sen. Mary Jo White (R-Venango), counsel for a defendant in a capital case can request a hearing prior to trial to determine if the defendant is not eligible for the death penalty due to mental retardation. The burden of proof would be on the defendant. If the judge finds for the defense, the trial would proceed as a noncapital trial.
The bill also provides a similar procedure for a defendant already sentenced to death with appeals pending. The bill's definition of "a person with mental retardation" is based on one used by the American Association of Mental Retardation.
Senator White has previously introduced similar legislation following a 2002 U.S. Supreme Court ruling that applying the death penalty to persons with mental retardation is unconstitutional. The court left it up to states to determine how to implement the decision.
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Hearing Held on Proposed State Police Assistance Program
Legislation sponsored by Sen. Kim Ward (R-Westmoreland) concerning municipalities and State Police services was the focus of a public hearing in Westmoreland County. 
The Senate Law and Justice Committee, chaired by Sen. John Pippy (R-Allegheny), discussed Senate Bill 984, which would create the State Trooper Services Contractual Program, allowing municipalities without police departments to contract with the State Police for additional troopers beyond the current complement. 
The committee heard from representatives of the Pennsylvania State Police, the Pennsylvania State Police Troopers Association, the Pennsylvania Township Supervisors Association, as well as local municipal officials. 
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STRENGTHENING COMMUNITIES | Back to Top
 

 
  Senate Approves Municipal Pension Relief Measure
The Senate approved legislation designed to aid Pennsylvania's ailing municipal pension plans.
As initially approved by the House of Representatives, House Bill 1828, only addressed the pension crisis facing Philadelphia. Led by Senate Finance Committee Chairman Pat Browne (R-Lehigh), the Senate amended the legislation to expand the scope of the municipal pension relief to include all municipalities based on their level of funding for their individual programs. .
HB 1828 also incorporates new provisions creating a code of conduct for municipal pension systems, which will be required to adopt policies regarding conflicts of interest – including "revolving door" policies for employees of the system and contractors.
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Senate Acts to Help Boroughs Purchase Affordable Energy
The Senate unanimously approved legislation that would allow municipalities to reduce energy costs for consumers.
Senate Bill 168, sponsored by Sen. Mike Brubaker (R-Lancaster), would give municipal governments the authority to take part in power supply and electric generation projects to secure affordable and reliable energy for consumers. The bill would allow boroughs to acquire electricity at the best value through memberships in non-profit member corporations. Boroughs in other states have the authority to enter into electricity generation projects to benefit consumers, but Pennsylvania municipal governments do not have that authority under current law.
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Senate Passes Measures to Promote Local Government Cooperation
The Senate unanimously passed two measures introduced by Sen. Jane Orie (R-Allegheny) to promote intergovernmental cooperation.
Senate Bill 282, introduced with Sen. John Pippy (R-Allegheny), would permit municipal authorities to enter into intergovernmental cooperation agreements with municipalities and/or other municipal authorities. 
Municipalities can currently enter into working relationships -- joint purchasing, contracts, equipment, and administrative functions -- with other municipalities in order to pool resources and save tax dollars. Senate Bill 282 would extend arrangements to municipal authorities and local governments. 
Senate Bill 284 would provide municipalities with additional time to enact conforming ordinances after the adoption of a multi-municipal comprehensive plan.
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Committee Approves Measure to Fight Neighborhood Blight
The Senate Urban Affairs and Housing Committee, chaired by Sen. Gene Yaw (R-Lycoming), approved two measures aimed at combating neighborhood blight.
Senate Bill 900, sponsored by Sen. Dave Argall (R-Schuylkill), creates the Neighborhood Blight and Revitalization Act.  The bill would allow a lien to be placed against the assets of an owner of a blighted property after a judgment decree is entered by a court against the legal owner of the property.
Additionally, the bill would streamline the judicial process to help clarify who owns the property and would add provisions to return owners of state property to face criminal prosecution. The bill would also require the mortgage lender to maintain the properties when default occurs, until there is a new owner of the property.   
The committee also approved Senate Resolution 142, sponsored by Senator Argall. It would direct the Legislative Budget and Finance Committee to complete a study and cost analysis of the implementation of a statewide blight database, and report its findings and recommendations to the Senate. 
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Senate Votes to Aid Community Fundraisers 
The Senate unanimously approved legislation sponsored by Sen. Elder Vogel (R-Beaver) barring the state from taking action against groups that sell commonly prepared baked goods.  
Senate Bill 828 eliminates the ability of the Department of Agriculture to cite non-profit community groups such as volunteer fire companies, churches, and school booster clubs for selling home-baked food at fundraisers.  Senator Vogel introduced the bill after the Department of Agriculture cited a local church for selling homemade baked goods prepared by ladies of the church at a Lenten fish fry. 
 

 
 

CREATING JOBS | Back to Top
 

 
  Legislation Introduced to Provide Alternatives to Layoffs
Sen. Chuck McIlhinney (R-Bucks) introduced legislation that would preserve Pennsylvania jobs by giving employers alternatives to layoffs.
Senate Bill 1205 would allow employers who are facing the prospect of layoffs to implement a temporary shared-work program that would reduce employee hours and allow those employees to receive proportionate unemployment compensation benefits in certain cases.
The shared-work plan would be voluntary for employers and would have to be reviewed and approved by the Department of Labor and the union of any affected employees. Participating employers must agree to not lay off employees during the term of the plan and not hire or transfer new workers into the affected unit. 
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Prevailing Wage Moratorium Offered to Stimulate Economic Growth
Sen. Mike Brubaker (R-36) introduced legislation that would place a moratorium on prevailing wage requirements for municipal and school construction projects while the state recovers from the recession.
Senate Bill 695 would stimulate construction projects in Pennsylvania by placing a three-year moratorium on prevailing wage requirements. It is estimated that the moratorium would reduce labor costs by up to 25 percent, providing a valuable incentive for school districts and municipalities to begin work on new construction projects. 
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ENVIRONMENT AND ENERGY | Back to Top
  

 
 

Senate Votes to Increase Accountability in Environmental Spending
The Senate approved several bills increasing transparency and accountability in state spending on environmental initiatives. The Senate approved the following bills, sponsored by Senate Environmental Resources and Energy Chair Mary Jo White (R-Venango):
Senate Bill 115 requires the state Department of Environmental Protection (DEP) to post and maintain all clean air State Implementation Plans on its website, and to provide the same to the standing Senate and House oversight committees. The State Implementation Plans are the Commonwealth's formal submittals to the Environmental Protection Agency detailing how the government will comply with various air quality standards. This legislation would ensure that the plans are readily available for public and legislative review and comment.
Senate Bill 116 requires the DEP to annually compile a comprehensive report on all of the special funds and restricted accounts that it administers.
Senate Bill 117 requires state agencies which receive funding under the Keystone Recreation, Park and Conservation Fund Act (Key '93) to submit annual reports to the governor and General Assembly - including a description of projects and amounts requested - and post the information online.
Senate Bill 118 requires DEP to deposit any HSCA-related fine money into the HSCA fund. Any business which causes a hazardous spill or release is obligated under the HSCA statute to pay 100 percent of recovery and cleanup costs, and is also liable for significant fines.

Senate Approves Deadline Extension for PA Climate Change Action Plan
The Senate unanimously approved legislation to extend the deadline faced by the state Department of Environmental Protection for submitting a Pennsylvania Climate Change Action Plan.
Act 70 of 2008 requires DEP to submit a plan by October 9. The department has acknowledged it will miss the deadline, but it cannot do so without a statutory extension. Senate Bill 829, sponsored by Senate Environmental Resources and Energy Chair Mary Jo White (R-Venango), extends the deadline by three months. 
The measure ensures that the public has a 60-day public comment period before the plan is finalized, and ensures an opportunity for the public's comments and recommendations to be incorporated into the final plan.
The DEP's Climate Change Advisory Committee voted to endorse passage of Senate Bill 829.
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Senate Votes to Expand Gas Well Reporting Requirements
Legislation that would expand requirements for reporting gas well data to the Department of Environmental Protection was unanimously approved by the Senate.
Pennsylvania law requires annual well reporting, but stipulates that this information be kept confidential for five years. However, many states, such as Texas, already post this information online on a regular basis.
Senate Bill 297, sponsored by Sen. Gene Yaw (R-Lycoming), would require a six-month report and an annual report of all oil and natural gas well production to be posted on the DEP website.

 

New Law Will Help Resolve Coal Bed Methane Disputes
Legislation establishing a special review board to arbitrate coal bed methane (CBM) well-location disputes between land owners and gas companies received was passed by the Senate and signed into law.
Sen. Don White (R-Indiana) authored Senate Bill 275, which called for the creation of a three-member Coal Bed Methane Review Board to consider objections by property owners and reach agreements with gas companies on issues such as the location of coal bed methane wells and/or access roads. Currently, disputes between surface land owners and the holders of mineral rights for those properties are often unresolved as landowners have very little recourse if they do not approve of the location of a CBM well. The key provisions of Senate Bill 275 were amended into Act 4 of 2010 by the Senate.
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Senate Votes to Protect Access to State Parks
The Senate unanimously approved a bill to ensure the Commonwealth honors leases allowing groups to use state park facilities during impasses over the state budget.
Senate Bill 974, sponsored by Sen. Don White (R-Indiana), preserves the rights of any group with a valid lease to use a state park regardless of any decision by the Department of Conservation and Natural Resources (DCNR) to close, restrict access to, or modify services at the facility.
Earlier this year, DCNR Acting Secretary John Quigley unveiled a list of 50 state parks that could be closed in the event of a budget impasse. Several youth organizations such as the scouts and the State Police Camp Cadet program hold leases with the DCNR to use state park facilities for special programs.
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Sen. McIlhinney Introduces Legislation to Protect Drinking Water Supplies
Sen. Chuck McIlhinney (R-Bucks) introduced legislation that would strengthen the state's Safe Drinking Water Act by extending greater protections for drinking water sources.
The senator noted that drinking water supplies can be contaminated by runoff pollution, industrial discharges, spills and various land uses. Senate Bill 777 would establish critical zones for surface water intakes and wellhead protection areas for community groundwater wells to help prevent contamination.
The bill would also require the Department of Environmental Protection to establish statewide minimum standards for wellhead and surface water intake protection. Under Senate Bill 777, violators would be subject to fines of up to $2,500 and up to 90 days in jail. Willful or negligent violations of the law could lead to fines of up to $50,000 and up to two years in jail for each offense.
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Committee Holds Hearing on Marcellus Shale Wastewater Issues
The Senate Environmental Resources and Energy Committee, chaired by Sen. Mary Jo White (R-Venango), held a public hearing on Marcellus Shale natural gas wastewater treatment issues.
The Marcellus Shale is a rock formation that underlies approximately two-thirds of Pennsylvania and portions of the states of New York and West Virginia and is believed to hold trillions of cubic feet of clean-burning natural gas.
Extracting natural gas from the Marcellus Shale formation requires a process used in drilling for decades known as hydraulic fracturing, or "fracking." Once the process is completed, the used water must be reused in the next well or sent to an approved treatment facility. The committee heard from Department of Environmental Protection officials, industry representatives and others.
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IMPROVING EMERGENCY RESPONSE | Back to Top
 

 
 

Senate Acts to Modernize State's Emergency Medical Services Law
The Senate approved legislation that would modernize, standardize and improve Pennsylvania's Emergency Medical Services Law to ensure high levels of patient care and greater public safety.
Act 37 of 2009, sponsored by Senate Veterans Affairs and Emergency Preparedness Committee Chair Lisa Baker (R-Luzerne), will replace the existing Emergency Medical Services Law with one that is more coordinated and responsive to the current EMS needs of the state.
In the 1980s, most EMS organizations were adjuncts of local fire companies.  But today, only about a third are volunteer. Changes in workforce, technology and service configurations have all made it necessary to revamp the existing law to reflect current practices and protocols.
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Committee Acts to Improve Nonprofit Fundraising Options
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh), approved legislation increasing prize limits for small games of chance and another bill that would make several changes to Pennsylvania's Bingo Law.
Many charitable and non-profit organizations, such as volunteer fire companies and community groups, use bingo and small games of chance as fundraising tools. The changes in these bills are intended to help groups raise funds that support the organization's mission and are used for the benefit of the community.
Senate Bill 211, sponsored by Sen. Mike Folmer (R-Lebanon), raises the prize limit for any one game from $500 to $1,000, and replaces the $5,000 weekly prize limit with a $20,000 weekly cash value prize limit. Payouts of less than $26 would not count toward the weekly prize limit.
The committee also approved Senate Bill 212, sponsored by Sen. Jane Orie (R-Allegheny), which would make several changes to Pennsylvania's Bingo Law. It increases the daily award limit from $4,000 to $8,000 and allows multiple associations to lease the same premises for conducting bingo, among other changes.
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Clarifying Right-to-Know Law Status of Volunteer Emergency Responders
Legislation to clarify the status of volunteer emergency responders under Pennsylvania's new Right-to-Know Law was approved by the Senate.
Sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware) and Sen. Lisa Baker (R-Luzerne), who chairs the Senate Veterans Affairs and Emergency Preparedness Committee, Senate Bill 851 is needed to address a Final Determination issued earlier this year by the Office of Open Records.
Under Senate Bill 851, volunteer fire companies and other volunteer emergency responders will not be subject to the Right-to-Know Law except in cases where a contract exists with a government agency to provide such services. In such cases, financial records related to the contract will be public.
Information about grants or other government funding provided to volunteer emergency responders will be available through the agency providing the grant. Terry Mutchler, the Office of Open Records' executive director, supports the legislation as long as financial records for any government monies remain public.
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SUPPORTING FARMERS | Back to Top
 

 
  Senate Acts to Improve ‘Clean and Green' Law
The Senate passed legislation sponsored by Sen. Gene Yaw (R-Lycoming) to benefit farmers and landowners by eliminating the inconsistent interpretation of the state Clean and Green law. 
Under Senate Bill 298, a roll-back tax could be levied only on the portion of land filed under the well restoration report and land which is incapable of being immediately used for agricultural use, agricultural reserve or forest reserve. Land devoted to subsurface transmission or gathering lines would be exempt from a roll-back tax, which is the difference between the taxes paid based on the Clean and Green rate and the taxes that would have been paid if the land were not enrolled in Clean and Green. 
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Committee Votes to Protect Preserved Farmland from Property Tax Increases
The Senate Local Government Committee, chaired by Sen. John Eichelberger (R-Blair), unanimously approved legislation Tuesday that could exempt more preserved farmland from property tax increases.
Senate Bill 172,sponsored by Sen. Mike Brubaker (R-Lancaster), would allow local taxing authorities to exempt farmland properties acquired by a non-profit land trust from property tax millage increases.
Under current law, counties, local governments and school districts have the option to provide an exemption from increases for farmland preserved only through the State Agricultural Conservation Easement Purchase Program. 
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Bills Proposed to Solidify Nutrient Trading Program
Sen. Pat Vance (R-Cumberland/York) and Rep. Eugene DePasquale (D-York) introduced legislation that seeks to strengthen Pennsylvania's nutrient credit trading policy.
A more robust nutrient credit trading program is seen as providing a lower cost alternative for some wastewater treatment plant upgrades prompted by implementation of the Chesapeake Bay Tributary Strategy (CBTS).  It also can provide a mechanism to accommodate growth because additional nutrient discharges associated with new housing must be offset by reductions elsewhere.
Senate Bill 767 and House Bill 1213 establish authority for the nutrient credit trading program in statute and require its formation through the regulatory process, to allow stakeholders to have more input into its design.  The bills also create a state board that would be authorized to serve as a clearinghouse for the purchase and sale of credits as a supplement to direct exchanges between buyers and sellers.
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ASSISTING MILITARY VETERANS | Back to Top
 

 
 

Senate Expands Reduced Fishing, Hunting Fees for National Guard Members
The Senate voted to expand eligibility guidelines for programs that allow National Guard members to qualify for free or reduced-price hunting and fishing licenses.
The bill would reduce from 180 to 60 the number of days members of the Pennsylvania National Guard must be deployed overseas to qualify.
Senate Bill 301 is sponsored by Sen. Pat Vance (R-Cumberland) and covers fishing licenses. Senate Bill 302, sponsored by Senate Veterans Affairs and Emergency Preparedness Committee Chair Lisa Baker (R-Luzerne), covers hunting licenses.

Senate Acts to Make High School Diplomas Available to Vietnam Vets
Legislation extending the honorary diploma program known as "Operation Recognition" to Vietnam veterans was approved by the Senate.
Senate Bill 674, sponsored by Sen. Mike Waugh (R-York), amends the Public School Code to allow school districts to establish such a program in order to award high school diplomas to honorably discharged Vietnam veterans who were unable to graduate due to their military service.
Act 73 of 2001 established "Operation Recognition," providing school districts the authority to grant high school diplomas to honorably discharged veterans of World War II. Act 187 of 2002 extended the program to Korean Conflict veterans, but Vietnam veterans have not yet been included in the program.
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Senate Votes to End Public School Military Uniforms Ban
The Senate approved legislation by a vote of 49-1 that would prohibit public school officials from discriminating against members of the Armed Forces.
Senate Bill 206, sponsored by Sen. Chuck McIlhinney (R-Bucks), would prohibit any principal, superintendent or school official from denying any member of the military entry to school facilities because he or she is wearing a military uniform. The legislation stemmed from several incidents in which military members visiting friends and former teachers were denied access to school grounds due to their military uniforms.
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Committee Approves Measure to Aid Veterans' Homes
Legislation sponsored by Sen. Bob Robbins (R-Mercer) designed to alleviate the nursing shortage in Pennsylvania's six veterans' homes was approved by the Senate Veterans Affairs and Emergency Preparedness Committee, chaired by Sen. Lisa Baker (R-Luzerne). 
Senate Bill 1076 would exempt direct care positions in veterans' homes operated by the Department of Military and Veterans Affairs (DMVA) from the Civil Service Act, enabling the facilities to make faster selections of personnel and put nurses in place more quickly The DMVA supports the legislation.  
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STRENGTHENING CONSUMER PROTECTION | Back to Top
 

 
 

Mortgage Fraud Prevention Legislation Becomes Law
Legislation that would help protect consumers from mortgage fraud has been approved by the Senate and House of Representatives and signed into law.
Act 10 of 2009, sponsored by Sen. Mike Brubaker (R-Lancaster), would prohibit a mortgage broker or originator from being the exclusive recipient of communications to a consumer. The legislation would prevent brokers from withholding information about interest rates, fees or monthly payments, and it would ensure that consumers are informed of the terms of their mortgage.
A companion bill, Act 7 of 2009, would help to prevent fraud by protecting mortgage company employees who report illegal activities or take part in an investigation, hearing or inquiry. The legislation would prevent an employer from taking actions such as reducing an employee's salary or benefits, changing the terms of employment, or firing an employee. Currently, those protections only apply to these employees when they report a violation of the state Banking Code, but not if they report a violation of other law.
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Senate Approves Legislation to Make Do Not Call Registration Permanent
The Senate approved legislation that would eliminate the need for Pennsylvania consumers to re-register on the "Do Not Call" registry every five years.
Senate Bill 304, sponsored by Sen. Jake Corman (R-Centre), would keep a consumer's number in Pennsylvania's "Do Not Call" registry until they asked to be removed. 
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Bill Strengthening Personal Data Breach Notification Approved
State agencies and local governments would be required to notify the public of data breaches involving personal information within one week under legislation unanimously approved by the Senate.
Senate Bill 155, sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware), was drafted after reports of three separate thefts of state-owned computers containing personal information. Although those computers included at least 17,800 Social Security numbers and other personal information of approximately 400,000 state residents, the state agencies involved did not notify the public until two or three weeks after the incidents.
Current law requires the public to be notified of such incidents "without unreasonable delay." Senate Bill 155 would put a specific one-week notification requirement in place for breaches involving state agencies and local governments.
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TRANSPORTATION AND PUBLIC SAFETY | Back to Top
 

 
  Bill to Ban Texting While Driving Approved by Senate
The Senate unanimously approved legislation that would make it illegal for motorists to text while driving.
Senate Bill 143, sponsored by Sen. Tommy Tomlinson (R-Bucks), would make texting while driving a secondary offense if a motorist has been cited for another violation and would carry a fine of $100.  Pennsylvania would join 10 other states that have prohibited texting while driving for all classes of drivers.  Eight more states prohibit texting by novice drivers or certain specialized driving classifications.   
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REDUCING ILLEGAL IMMIGRATION | Back to Top
 

 
 
  Senate Approves Bill Denying Public Benefits to Illegal Aliens
Illegal aliens who live in Pennsylvania would be unable to obtain public benefits, including Medicaid, welfare and in-state college tuition, under legislation approved by the Senate with a bipartisan vote of 41 to 9.
Senate Bill 9, sponsored by Senate President Pro Tempore Joe Scarnati (R-Jefferson), would also ensure that the Commonwealth's more than 100,000 illegal aliens face tighter scrutiny when applying for services. Any applicant signing an affidavit stating they are a legal alien would have their status verified through the Federal Systematic Alien Verification of Entitlement Program (SAVE), operated by the U.S. Department of Homeland Security.
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