Senate Accomplishments
Bills Passed/Other Action
2007 - 2008
Enacting a Responsible State Budget |
Reforming State Government |
Easing the
Tax Burden | Supporting Education |
Improving Emergency Response |
Protecting
Children and Families |
Strengthening Consumer Protection |
Improving Health Care
| Reducing
Government Regulation |
Fighting Crime |
Supporting Farmers
| Assisting Military
Veterans | Environment
and Energy |
Hunting and
Recreation |
Reducing Illegal Immigration
ENACTING A RESPONSIBLE STATE BUDGET
Budget Agreement Includes None of Governor's Proposed Tax Increases
Pennsylvania taxpayers have been spared more than $2.5
billion in tax increases sought by the Rendell
Administration, and furloughed state workers returned to
work under an agreement reached on a 2007-08 state budget.
All of
Gov. Rendell's seven proposed tax increases were
rejected, including a sales tax hike, an electricity
tax, a payroll tax on job creators, and a tax on trash
collection. In addition, Republicans insisted that $190
million be added to the Rainy Day Fund in the event of
unforeseen fiscal issues in 2007-08.
The
$27.178 billion spending plan represents a modest 3.3
percent increase over the final 2006-07 budget. In addition,
$317.5 million of funding for mass transit was moved into a
dedicated fund. If this amount is included in the spending
level, the total is $27.495 billion, which represents a
growth rate of 4.5 percent over the final 2006-07 budget.
"We said
from the beginning that we are not going to allow the
governor to increase the tax burden on Pennsylvania
families," said Senate President Pro Tempore Joe Scarnati
(R-Jefferson). "It took a little longer than we wanted, but
we finally convinced the administration that we would not
back down on that core principle."
Act 8A of 2007
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Senate Approves Bill Prohibiting Furlough of State Employees During Budget
Impasse
The Senate approved legislation sponsored by State Government Committee
Chairman Jeffrey Piccola (R-Dauphin) that will prohibit the furlough of
Commonwealth employees in the event of a budget impasse.
In July 2007, Gov. Rendell delayed finalizing a state budget in an effort to
force passage of his energy proposals. The tactic resulted in the
governor's unnecessary furlough of 25,000 state employees labeled
"non-essential" by the administration.
Senate Bill 1122 would designate all employees of the Commonwealth as
"essential," thus prohibiting the furlough of Commonwealth employees during a
budget impasse.
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REFORMING STATE GOVERNMENT |
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New Rules Make Senate More Open and Accessible
One of the Senate's first official acts of the 2007-08
legislative session was to adopt seven reform proposals
designed to make the legislative process more open and
accessible to the public.
The rules changes were developed with bipartisan input
and are a good first step in the push for greater
transparency in the Senate.
Session is now limited to the hours between
8 a.m. and 11 p.m. The Senate is required to wait at least
six hours before voting on an amended bill or a conference
committee report and amendments are posted to
the Internet before being offered on the Senate floor.
All roll call votes are posted on the
Internet no later than 24 hours after a vote and
committee votes are posted within 48 hours of the
vote.
The Senate's Legislative Journal – which includes
the full text of all floor debates – is posted
on the Internet upon Senate approval of the Journal or
within 45 days, whichever is earlier. Finally, an updated
fiscal note is prepared if a bill is amended
after consideration by the Senate Appropriations Committee
and if the amendment is expected to have a financial impact.
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Information
Major
Expansion of Opens Records Law Enacted
Legislation to rewrite and strengthen Pennsylvania’s
50-year-old Open Records Law, sponsored by Senate Majority
Leader Dominic Pileggi (R-Delaware), was signed into law.
Senate Bill 1 makes dramatic changes in the records
available from various government agencies. For
executive agencies and local agencies, Senate Bill 1
reverses the presumption of access to records and puts
the burden of proof on a government agency denying access
to a record. This was the one change that many advocates of
open government consider the most essential. Legislative
records and financial records of the judiciary are subject
to the same presumption and the same burden of proof.
It
provides exceptions for such things as criminal
investigations, Social Security Numbers, personal financial
information and individual medical records.
Legislative agencies, including the Senate and the House,
are required to provide access to 19 categories of records,
and judicial agencies are required to provide financial
records.
Senate
Bill 1 also makes many important improvements to the process
of obtaining public records in Pennsylvania, including the
creation of an independent Office of Open Records to hear
appeals regarding access to records of state and local
agencies. Act 3 of 2008
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Senate Puts Live Video Feed Of Floor Activity on Internet
A video feed of the Senate's floor action is now available live via the
Internet, Senate President Pro Tempore Joe Scarnati (R-Jefferson) and Senate
Majority Leader Dominic Pileggi (R-Delaware) announced.
The live video stream is available at
www.pasenategop.com by clicking "Watch it live" or
www.pasen.gov under "Senate Session Live."
Sen. Scarnati said: "This is another way for the Senate to make itself more
transparent. We're proud of the work we do, and I hope this encourages even more
people to take part in the legislative process."
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Senate Makes Acts and Statutes Internet-Accessible
As part
of its effort to make state government more transparent, the
Senate now requires the placement of Pennsylvania's
consolidated statutes on the Internet.
Sen.
Jake Corman (R-Centre) introduced legislation in the current
(SB422) and past legislative sessions that would require the
Legislative Data Processing Center to place all existing
Pennsylvania statutes on its website and make them available
to the public.
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Senate Passes Measure Separating State, Federal Judicial Salaries
Legislation to eliminate the tie-in between federal judicial
salaries and those of Commonwealth judges was approved overwhelmingly by the Senate.
Senate State Government Committee Chairman Jeffrey Piccola
(R-Dauphin) introduced Senate Bill 44 in response to a Pennsylvania
Supreme Court ruling last year that partly
reinstated a pay raise repealed by legislators. The ruling
said only judges should receive the raise, not the
legislators or other government employees who originally
qualified. The court found the repeal law violated the
constitutional provision that prohibits the reduction of
compensation during a judge's term in office. As a result,
the repealed 2005 pay raise remains in effect for judges,
tying their salaries to their federal counterparts.
Senate Bill 44 also includes a provision to raise judicial salaries
by $1, bolstering its chances of withstanding a court
challenge. (House
Bill 10 was amended to include Sen. Piccola's language.) Act 30 of 2007
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Senate Approves Stiffer Penalties for Sunshine Law Violations
The reform agenda for Pennsylvania received a significant boost
in May, when the Senate approved legislation increasing the
fines for Sunshine Law violations.
Senate Bill 467 was introduced by Sen. Gib Armstrong
(R-Lancaster) in February. The measure was based on a grand
jury recommendation arising from an investigation into
illegal actions by the Lancaster County Commissioners.
The new fine would be up to $1,000 for a first offense, and up
to $2,000 for a subsequent offense. The bill also
prohibits taxpayer money from being used to pay these fines.
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Senate Approves Sen. Pileggi's "Salary Information Act"
Legislation sponsored by Senate Majority Leader Dominic
Pileggi (R-Delaware) to require the posting of governmental
salary information on the Internet passed the Senate
unanimously May 22.
Under
Senate Bill 729, known as the Governmental Salary
Information Act, the state Treasurer would be required to
post salary information for all state employees on an
official website.
In
addition to state government, local government agencies,
including counties, school districts, cities and other
municipalities, would be required by Senate Bill 729 to post
employee salary information on their own official sites.
Local
agencies with no website would be required to provide the
information in electronic or written form within five days
of a request. The state Treasurer would maintain a directory
of the local agency sites.
Sen.
Pileggi's bill would require the posting of the name, title,
agency, salary, and any supplemental payments for each
employee. Information for legislative employees would also
include the caucus or institution each employee works for.
The bill calls for monthly updates.
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Senate Votes to Ban
State Government Bonuses
The Commonwealth Agency Bonus Ban Act, which would prohibit any Commonwealth
agency, including the legislature and the courts, from paying a bonus to any of
its employees, was approved by the Senate.
Under
Senate Bill 986, sponsored by Sen.
John Eichelberger (R-Blair), employees who are paid a bonus after the effective
date of the act would be required to reimburse their employer for the full
amount of the bonus. An individual who intentionally approves or
authorizes a bonus prohibited by the act would commit a third degree
misdemeanor.
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Senate Prohibits
Taxpayer-Funded Automated Calls
The Senate approved a resolution prohibiting the use of public funds to pay for
automated telephone calls, or robo-calls.
Senate Resolution 153, sponsored by
Senate Majority Leader Dominic Pileggi (R-Delaware), prohibits the use of
funds appropriated to the Senate to pay or reimburse for costs
associated with the use of automatic dialing-announcing devices.
Senate Acts to Create a
Do-Not-Call List for Political Robo-Calls
Legislation introduced by Senate Majority Leader Dominic Pileggi (R-Delaware)
which would allow Pennsylvanians to stop receiving political robo-calls was
approved by the Senate, 48 to 1.
In 1996, Pennsylvania created a Do-Not-Call List for commercial telemarketers.
Senate Bill 820 would establish a separate Do-Not-Call List for political
robo-calls. As with the existing Do-Not Call List, the Attorney General would be
responsible for maintaining the Do-Not-Call List for automated political calls.
It would be illegal for any political candidate or organization –
including so-called 527 groups – to make an automated political call to any
resident who signs up to be on the list. Offenders would be subject to penalties
of up to $1,000 per violation.
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Senate Acts to Ban "Lame Duck" Voting Sessions
The Senate approved a measure introduced by Sen. Bob Regola
(R-Westmoreland) calling for a constitutional amendment to
eliminate "lame duck" voting sessions --
voting that occurs after a general election and before the
start of a new legislative session.
As a proposed amendment to the state Constitution,
Senate Bill 468 must be approved in two separate legislative sessions and by the voters as a referendum.
"In the past, lame duck sessions have been used to consider and vote
on volatile or unpopular issues such as tax increases, state
borrowing or pay raises. This must stop," said Senator
Regola.
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Senate Approves Bill Consolidating Collection of Earned Income Taxes
The Senate approved legislation sponsored by Sen. Jane Earll (R-Erie) that
would update the Local Tax Enabling Act of 1965 to consolidate the collection of
earned income taxes at the county-wide level.
Currently, the collection of nearly $2 billion in tax revenue is performed by
560 collectors.
Senate Bill 1063 would reduce it to 65 county collectors.
Allegheny County would be divided into four regional tax collection districts.
Philadelphia already has a consolidated tax collection office and is subject to
a different body of law.
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Committee OKs Statewide Police Pension Plan, Ensures Survivor Benefits
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh), approved
legislation that would provide for a centrally-administered, statewide
retirement system for all local government police employees.
Senate Bill 596, introduced by Senator Jane Orie (R-Allegheny), would allow
municipal police officers to enroll in the current State Employees Retirement
System, which, under the bill, would be renamed as the "Government
Employees Retirement System."
The committee also approved
Senate Bill 1093, sponsored Senator Orie, which would close an unintentional
gap in the survivor benefit coverage provided in Act 30 of 2006 for a small
number of surviving spouses of police officers who retired before the effective
date of Act 30 of 2006, and died after the act's effective date.
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Senate Approves Investigation of State Purchasing Policy
The Senate approved legislation directing the Legislative Budget and Finance
Committee to investigate the Rendell Administration's
strategic sourcing initiative.
Strategic sourcing is a series of procurement practices, including
reverse auctions and the aggregation of purchasing
contracts. The administration asserts the Commonwealth has
saved over $180 million since the inception of the strategic
sourcing program in 2004. However, unlike private business,
the "bottom line" savings the state has seen may be negated
by the effect strategic sourcing has had on Pennsylvania's economy.
Senate Resolution 41, sponsored by Sen. Rob Wonderling
(R-Montgomery), requires the LBFC to analyze procurement
spending data to accurately measure actual savings and costs
of strategic sourcing, including government operational
costs, economic development costs and any decrease in
revenue to the Commonwealth from a possible loss of
corporate and personal income tax revenue.
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Senate Convinces Governor to Seek Ethics Panel Opinions
After Senate leaders asked for more time and information to
properly review the nominations, Gov. Rendell agreed to
withdraw and resubmit his nominees to serve as secretary of
Conservation and Natural Resources and secretary of Environmental Protection.
The leaders asked for more time to understand revelations
about more than $4 million of no-bid state contracts that were awarded by the departments to organizations
which employed the secretaries' spouses. They also asked the
governor to seek formal opinions from the independent State
Ethics Commission, which he agreed to do. The commission
ruled that the secretaries would violate the ethics law if their actions continued.
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Senate Extends Sunshine Law Coverage to Panel Overseeing Medicaid Drugs
Legislation that extends Sunshine Law coverage to the
committee overseeing drugs for Medical Assistance recipients
has been signed into law.
Senate Public Health and Welfare Committee Chairman Ted Erickson
(R-Delaware) inserted an amendment into
House Bill 1367 to require the Pharmaceutical and Therapeutics Committee in the Department of Public Welfare
to conduct its meetings in accordance with the state
Sunshine Act. As a result, all meetings of that committee,
including those at which votes are taken, must be open
to the public, with advance public notice.
The Pharmaceutical and Therapeutics Committee, whose members are
selected by the Pennsylvania Department of Public Welfare,
reviews and makes recommendations on which drugs will be
available to Medical Assistance recipients. These
recommendations can have dramatic consequences both for the
health of patients and the cost to taxpayers. Act 16 of 2007
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Legislation to Open Spending Records Approved by Committee
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh),
approved the Taxpayer Transparency Act.
Senate Bill 1350, sponsored by Senator Browne, would create an online,
searchable budget database so that the public can more easily obtain information
on state spending.
The database would include Information on grants and contracts provided by
government agencies, agency performance indicators and quarterly performance
results, and an agency line-by-line appropriation analysis including
user-friendly detailed monetary breakouts and detailed narrative descriptions.
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Bill Would Require Web Posting Of State Government Contracts
Stressing that taxpayers should have access to records on state government spending,
Sen. Jake Corman (R-Centre) has introduced legislation to
require the state Treasury Department to post contracts, or detailed summaries, on the internet for public
review.
Senate Bill 914 is part of an ongoing effort by the Senate to make state government operations more transparent
and improve accountability.
Current law requires state agencies to provide a copy of all contracts $5,000 or more
to the Treasury Department within 10 days and to make them
available to the public for inspection, but there is no requirement that any information be posted online.
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Senate GOP: Cut Legislative Surplus, Direct Funds to Property Tax Relief
Senate Republicans announced a plan to slash legislative reserves by at least $75 million.
Under legislation to be introduced by Senate President Pro Tempore Joe Scarnati
(R-Jefferson), Senate Majority Leader Dominic Pileggi (R-Delaware), and Appropriations Chairman Gib Armstrong
(R-Lancaster), the savings would be used to bolster the Property Tax Relief Fund.
A recent audit of legislative accounts found that as of June 30, 2006, legislative
reserves had grown to about $215 million. Senate Republicans also called for more thorough audits of
legislative accounts going forward.
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Proposed Change in Lieutenant Governor Succession Clears
Senate
The Senate passed legislation written by Sen. Jake Corman (R-Centre) that
would amend the state constitution to change the Lieutenant Governor succession
rule.
Senate Bill 822, would allow a lieutenant governor who assumes the
governorship to name a new Lieutenant Governor. That nominee would have
to be confirmed by the Senate.
Sen. Corman said the change is needed and became a necessity after former Gov.
Tom Ridge resigned to become director of the United States Homeland Security
Department in 2001. Then-Lt. Gov. Mark Schweiker became governor and then-Senate
President Pro Tempore Robert Jubelirer became the lieutenant governor. Then-Lt.
Governor Jubelirer continued to serve as a state Senator during the term.
Sen. Corman's legislation, a proposed constitutional amendment, would have
Pennsylvania's process mirror that of the federal government in cases when there
is a vacancy in the office of Vice President.
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Committee Approves Additional Senate Oversight of Key Appointments
The Senate State Government Committee, chaired by Sen. Jeffrey Piccola
(R-Dauphin) approved legislation that will require confirmation by the majority
of the Senate of individuals appointed to several key state government
positions.
Senate Bill 920, sponsored by Sen. John Rafferty (R-Montgomery), would
require Senate confirmation of the following appointments: Executive Director of
the Gaming Control Board, Executive Director of the Lottery Fund, Chief
Executive Officer of the Pennsylvania Higher Education Assistance Agency, CEO of
the Liquor Control Board, and CEO of the Turnpike Commission.
The legislation stems from the recent selection process held by the governor's
office when appointing a CEO of the Liquor Control Board. The focus of the
legislation is to create a more transparent process in which the
Executive and Legislative branches of state government work together in filling
executive positions.
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Three Hearings Held On Pennsylvania Constitutional Convention
The Senate State Government Committee, chaired by Sen. Jeffrey Piccola (R-Dauphin), held
its third public hearing to discuss legislation providing for the convening of a constitutional convention for
the reform of state government.
The purpose of the hearings is to gather information on how a constitutional convention
is convened, how it should be structured, and what sections
of the Constitution should be addressed.
Among those testifying at the hearing, held in Philadelphia, were legal scholars and the
president of the League of Women Voters of Southeastern
Pennsylvania.
EASING THE TAX BURDEN |
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Senate Sends EMS Tax Reform Bill to Governor
The Senate approved significant reforms to the Emergency and
Municipal Services Tax and sent the legislation to the
governor to be signed into law.
The Senate concurred in House amendments to
Senate Bill 218, sponsored by Senate Finance Committee Chairman Pat Browne (R-Lehigh).
The measure will end the lump-sum maximum payment of $52
and set specific restrictions on how taxing entities may use
revenues raised by the levy. It also requires that the tax
be withheld on a payroll-period basis with a maximum
deduction of $1 per week. Employers will be
required to send collections on a quarterly basis. Those
earning $12,000 or less per year are exempted from paying the tax.
Senate Bill 218 would rename the tax as the "Local Services Tax"
and requires that a minimum of 25 percent of the total
revenue collected must go to support emergency services
including police, fire and emergency medical services
operations. The remaining revenues could be used for road
construction and maintenance, and property tax relief. Act 7 of 2007
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Administration Scraps
Plan For New $50 Million Tax on Gasoline
Following the announcement that the Senate Banking and Insurance Committee
planned to hold hearings on the plan, the Rendell Administration revoked
its plan to add a new tax burden on the cost of gasoline in
Pennsylvania.
Committee Chairman Don White (R-Indiana) issued the following statement in
response to the administration's revocation of its proposed tax increase on
gasoline:
"The severity of the fiscal crisis facing the USTIF fund is not completely
clear, but in any event the potential deficit is something that could occur many
years in the future. Even a study commissioned by the USTIF board states '…no
change in fees is necessary as the projection shows USTIF having positive Cash
and Invested Assets through the middle of the July 1, 2015-2016 fiscal year.' I
am glad the governor has reversed his administration's stance and made the right
decision."
The proposed fee increase by the Rendell Administration equated to over $50
million in increased gas taxes that would be paid by motorists annually.
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Taxpayer Protection Act Spending Limits Move Forward
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh), approved the Taxpayer
Protection Act bill and Constitutional amendment designed to control state government spending.
Senate Bill 7, sponsored by Sen. Bob Regola (R-Westmoreland), is a proposed amendment to the
Pennsylvania State Constitution that would limit state
spending to the average inflation rate plus the
average percentage change in state population over the three preceding years.
Senate Bill 707, sponsored by Sen. Mike Folmer (R-Lebanon), would provide the same limitation, but not as a
Constitutional amendment.
To prevent the state from pushing spending requirements onto local taxpayers, the
measures were amended to include a provision by Sen. John
Eichelberger (R-Blair) stating that the spending limit would
be decreased when funds are cut to a mandated service.
In addition to the spending limits in the Taxpayer Protection Act, the proposal also
sets realistic restrictions on the use of any unanticipated
revenues received by the Commonwealth. Specifically, 75
percent of any revenues exceeding the spending limits
imposed by the bill would be returned to taxpayers. The
remaining 25 percent would go directly into the Rainy Day
Fund to help address unanticipated revenue shortfalls.
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Committee Approves Amusement Tax Relief
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh), approved
Senate Bill 1012, a measure introduced by Senator Bob Regola
(R-Westmoreland) that would exempt Pennsylvania's amusement and water parks from
the local amusement tax.
Pennsylvania has 18 amusement and water parks that act as a tourist draw and
promote economic development in the commonwealth. Parks currently pay
their fair share of local taxes, including property taxes, water/sewage,
parking, mechanical device taxes (arcade machines), mercantile (food and
merchandise) taxes, occupational taxes, and sales taxes in certain counties.
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Senate Updates Laws on Bank Mergers
Legislation updating Pennsylvania laws covering taxes paid
on bank mergers was approved by the Senate and signed into
law.
Senate Bill 97, sponsored by Senate Banking and
Insurance Committee Chairman Don White (R-Indiana), brings
Pennsylvania tax law in line with the formula used by
neighboring states to calculate the state's bank shares tax
by removing "goodwill" provisions. Goodwill is the
difference between the book value and the actual price paid
when one company acquires another and pays more than book
value for the stock.
For years, Pennsylvania banks have been at a disadvantage
because of the inclusion of the provision in the tax
formula. By removing it, Pennsylvania takes an important
step toward persuading banks to not only maintain their
headquarters in Pennsylvania, but also encourage future
growth. Act 55 of 2007
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Joint Hearing Focuses on Legality of Governor's Proposed Tax on Employers
The Senate Banking and Insurance Committee, chaired by Sen. Don White (R-Indiana),
and the Senate Finance Committee, chaired by Sen. Pat Browne
(R-Lehigh), held a joint public hearing on the legality and
practicality of Gov. Rendell's proposed tax on
employers to support his health care plan.
The committees heard testimony from a national expert, who said a recent court
decision involving a mandated health benefits program in
Maryland means "an act of Congress" would be needed before
Gov. Rendell's proposal could be enacted. In January 2007,
the U.S. Court of Appeals for the Fourth Circuit affirmed a
decision that invalidated Maryland's program citing that it
clashed with the Employee Retirement Income Security Act of 1974.
Todd Anderson, Outside General Counsel for the Retail Industry Leaders Association,
said the Fourth Circuit Court's decision would directly apply to Governor Rendell's tax proposal.
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SUPPORTING EDUCATION |
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Senate Moves to Provide
More Accountability of Education Programs
Legislation that would increase oversight of the State Education Assistance
Program was approved by the Senate.
Sponsored by Sen. Mike Folmer (R-Lebanon),
Senate Bill 805 requires the state
Department of Education to annually submit a report on the operation of the
Education Assistance Program to the majority and minority chairmen of the House
and Senate Appropriations and Education committees. The legislation further
requires the report to be posted on the department's website.
Sen. Folmer's legislation requires the report to include: a listing of approved
education assistance providers and each eligible school that has entered into a
contract with the provider, the number of students provided tutoring services,
and the department's assessment of academic progress. Senate Bill 805 will now
go to the House of Representatives for consideration.
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Other bills to tighten oversight of education programs include:
Senate Bill 806, sponsored by Sen. Pat Browne (R-Lehigh) – Classrooms for
the Future
Senate Bill 807, sponsored by Sen. James Rhoades (R-Schuylkill) – Science,
It's Elementary
Senate Bill 808, sponsored by Sen. James Rhoades (R-Schuylkill) – Project
720
Senate Bill 813, sponsored by Sen. Tommy Tomlinson (R-Bucks) – E-Fund Grants
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Senate Acts to Boost School
Performance, Increase Parental Involvement
The Senate passed four bills sponsored by Senate Education Committee
Chairman James Rhoades (R-Schuylkill) designed to assist school districts to
fulfill the requirements of the federal No Child Left Behind Act.
Senate Bill 154 identifies continuing professional education options
for teachers to help students in underperforming schools.
Senate Bill 155 would require the Department of Education to provide
technical assistance to schools identified as needing improvement.
Senate Bill 157 directs intermediate units to coordinate academic
improvement programs for school districts with schools on the state
warning list. In addition, the legislation establishes academic improvement
teams for school districts needing additional assistance.
Senate Bill 158 directs school districts to create parent involvement
programs, policies and committees. In addition, the legislation would
direct the Department of Education to establish a clearinghouse of information
related to strategies, resources and materials that can be used as part of
parent involvement programs and policies. The measures now go to the House for
consideration.
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Sen. Piccola's School Violence Reporting Bill Passed by the Senate
The Senate approved legislation that would make it mandatory for
Pennsylvania schools to report criminal activities to law enforcement officials or face disciplinary action.
Senate Bill 112, sponsored by Sen. Jeffrey Piccola (R-Dauphin), would require school districts,
vocational-technical schools, intermediate units, and charter schools to form "memorandums of understanding" with
local law enforcement. These agreements require schools to immediately notify law enforcement if a crime
is committed on school property and outline the emergency response procedures for that district or school.
In 2005, a Dauphin County grand jury found that school administrators failed to comply with the reporting
requirements of the Safe Schools Act and failed to work cooperatively with local
police to respond to and prevent violence in a Dauphin County school district. The Grand Jury called upon the
General Assembly to address the deficiencies.
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IMPROVING EMERGENCY RESPONSE |
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Senate Approves Five-Year Extension of Fire, EMS Grants
The
Senate approved legislation to reauthorize a popular grant
program for volunteer fire companies and EMS units.
Senate Bill 10, introduced by Sen. Bob Regola
(R-Westmoreland), would have reauthorized the program for
one year. The Senate amended the bill to reauthorize it for
five years, providing a valuable safety net for
Pennsylvania's dedicated emergency responders.
Since
2000, the General Assembly has regularly appropriated $25
million to the PA Emergency Management Agency to provide
these grants. The five-year authorization would allow
for funding on a steady basis.
House
version (House Bill 906) signed into law: Act 10 of 2007
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Committee Approves Tax Credits for Volunteer First
Responders
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh),
approved legislation sponsored by Senate Veterans Affairs and Emergency
Preparedness Committee Chair Lisa Baker (R-Luzerne) and Sen. Mike Waugh (R-York)
to provide tax credits to Pennsylvania’s emergency first responders and their
employers as a way to help fire companies and emergency medical service
companies recruit and retain volunteers.
Senate Bill 1314 would provide a $500 tax credit for active members of
volunteer firefighting and emergency medical services organizations that
are certified by the State Fire Commissioner or the Director of the Emergency
Medical Services Office in the Department of Health.
Senate Bill 1316 would provide a $1,000 tax credit against an employer's
personal income tax for each volunteer fire and emergency services member
employed, up to $5,000 during a specific tax year.
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Senate Passes Legislation to Encourage Regional Fire
Company Partnerships
Volunteer fire departments would receive help in forging
cost-saving, regional partnerships under legislation approved by the Senate.
Senate Bill 96, sponsored by Sen. Don White (R-Indiana), creates a new
initiative to provide private, non-profit volunteer fire companies or EMS
organizations funds for mergers, regionalization and other partnerships.
It would also support programs designed to recruit and retain members, and other
innovative approaches to partnerships that would be evaluated by the state
Department of Community and Economic Development.
The measure takes advantage of money already in place as
part of a $100-million bond issue approved in 2002 to encourage volunteer
departments to work together in a regional manner. Senate Bill 96 does not
mandate cooperation, but rather provides financial incentives for departments.
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Senate Approves Bill to Require Confirmation Vote on PEMA Director
The director of the Pennsylvania Emergency Management Agency
would have to be confirmed by the Senate under legislation
approved by the Senate.
Senate Bill 637 is sponsored by Senate Veterans Affairs and Emergency Preparedness Committee Chair Lisa Baker
(R-Luzerne). PEMA's director is responsible for coordinating the state's response to natural and manmade disasters,
terrorist attacks and threats to public health and safety.
Requiring Senate confirmation of the PEMA director will improve agency accountability and ensure that
there is strong communication and coordination in responding to emergencies.
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Senate Votes to Require VoIP providers to Forward 911 Fees to Commonwealth
The Senate approved legislation sponsored by Sen. Jake Corman
(R-Centre) that would require voice over the internet protocol (VoIP) providers who charge customers for E-911
services to forward those fees to the Commonwealth.
In May 2005, the FCC issued an order requiring interconnected
VoIP companies to provide customers with E-911 service.
Many of these companies already collect fees for providing
911 services to customers. However, Pennsylvania currently
has no law that compels them to forward those 911 fees back
to the Commonwealth like traditional and wireless phone companies must do.
Senate Bill 385 requires all interconnected VoIP
companies to charge customers $1 for each line and forward
that money to Pennsylvania. The Pennsylvania Emergency
Management Agency would then provide the funds to the
counties where the customers are located.
More Information
Senate Passes Legislation to Secure
Emergency Responder Status for Local Coordinators
Local
Emergency Coordinators would receive emergency responder status, enabling
them to do their job more efficiently and safely, under a bill approved
by the Senate.
Sen. Lisa Baker (R-Luzerne), who heads the Senate Veterans and Emergency
Preparedness Committee, sponsored the legislation after she was contacted by a
local emergency coordinator from a small municipality in Wyoming County. He
experienced difficulty traveling to many emergencies and disasters because he
could not use outward markings on his personal vehicle to identify himself.
Senate Bill 1121 will give local
emergency coordinators legal authority to use “visual and audible signals”
provided to other emergency vehicles – including county emergency coordinators
who already have received this designation.
More Information
Senate Approves Bill Creating Statewide Mutual Aid
Agreement System
Legislation sponsored by Sen. John Pippy (R-Allegheny) to assist counties
and municipalities in responding to disasters was approved by the Senate.
Senate Bill 1225 establishes a statewide Mutual Aid Committee to
oversee the implementation of a statewide mutual aid system. Mutual Aid
Agreements are used to respond to manmade and natural disasters that require
actions beyond the capacity of the municipality or county in which the incident
has occurred.
Pennsylvania is one of 15 states without a statewide Mutual Aid Agreement. As a
result, this vital assistance is often provided without written agreements or
clearly-defined divisions of responsibility. This outdated approach raises
questions about liability and workers compensation concerns.
More Information
511 Travelers Information Service
Approved by Committee
Legislation to provide Pennsylvania drivers with access to around-the-clock
information about traffic and road conditions through a new 511 Traveler
Information Service was approved by the Senate Transportation Committee, chaired
by Sen. Roger Madigan (R-Bradford).
Senate Bill 976, sponsored by Senator Madigan and Senate Veterans Affairs
and Emergency Preparedness Chair Lisa Baker (R-Luzerne), would help
prevent traffic tie-ups and make state roads safer by streamlining the
Commonwealth's current traveler call lines, which are operated by the
Departments of Transportation, State Police and PEMA. It would provide one call
line with up-to-date information on everything from road conditions to accidents
and detours.
More Information
Joint Hearing Checks On
Progress of Statewide Emergency Radio System
The Senate Communications and
Technology Committee held a joint informational hearing with the Senate Veterans
Affairs and Emergency Preparedness Committee on October 3 to determine the
status of Pennsylvania's statewide emergency radio system.
In an effort that began during
the Ridge Administration, the radio system now extends over 91 percent of
the Commonwealth's 45,000 square miles, Charles Brennan, Deputy
Secretary for the Office of Public Safety Radio Services, testified.
While acknowledging measurable
progress since the last oversight hearing in 2005, there was bi-partisan
agreement from committee members that the Administration needs to press forward
with urgency to realize the infrastructure build-out and deployment.
Committees Probe PA Storm Readiness, Emergency Preparedness
The Senate
Transportation Committee, chaired by Sen. Roger Madigan (R-Bradford), and the
Senate Veterans Affairs and Emergency Preparedness Committee, chaired by Sen.
Lisa Baker (R-Luzerne), held a joint public hearing Tuesday to receive a status
report on the Rendell administration's implementation of recommendations to
improve upon serious shortfalls in emergency response and transportation
management made evident in the Valentines Day snowstorm earlier this
year.
The recommendations were the result of
a report issued by James Lee Witt Associates
of Washington D.C. that evaluated the performance of the Pennsylvania Emergency
Management Agency, State Police, Department of Transportation, and the National
Guard during the February storm. The event stranded hundreds of motorists on
I-78, I-81, and I-80 for up to 20 hours in sub-freezing temperatures.
Joint
Hearing Held on Nuclear Energy and Emergency Preparedness at PA Nuclear Plants
The Senate
Consumer Protection and Professional Licensure Committee and the Veterans
Affairs and Emergency Preparedness Committee held a public hearing Oct. 16 to
hear testimony on nuclear energy and emergency management.
Members of
the committees discussed Pennsylvania’s current and future use of nuclear
energy, emergency preparedness at Pennsylvania’s five existing nuclear plants,
and the role of federal and state entities in regulating the industry. Nuclear
energy currently accounts for 35 percent of all energy generation in
Pennsylvania and 20 percent nationally.
The meeting
also addressed public concerns that have emerged in recent months following the
release of a videotape showing contracted security staff sleeping in the watch
room at the Peach Bottom nuclear facility in York County. Since the terrorist
attacks of 2001, the nuclear industry has spent a reported $1.5 billion
nationally on security and infrastructure enhancements to thwart outside
intrusions.
More Information
Committee Acts to Boost Games of Chance Fundraisers For Nonprofits
Two measures that will help volunteer fire companies and other nonprofit
organizations raise funds were approved by the Senate Finance Committee, chaired by Sen. Pat Browne
(R-Lehigh).
Senate Bill 845, sponsored by Senator Browne, would
raise the prize limit for any one game from $500 to $1,000.
The legislation would also replace 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 legislation also includes a new provision that
allows for progressive games to be conducted with a maximum cash value of $5,000.
The committee also approved
Senate Bill 978, sponsored by Sen. Mike Folmer (R-Lebanon), which would
change the licensing of bingo associations from annual
to biennial. It also increases the daily prize
limit from $4,000 to $8,000 and would allow more than one
licensed association to lease the same premises for the conducting of bingo.
More Information
PROTECTING CHILDREN AND FAMILIES |
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New Protection for Sexual Violence Victims Approved By Senate
The Senate approved legislation to authorize the courts to issue
protection from abuse orders for sexual assault victims who
seek them, whether or not the victim seeks prosecution.
Under
Senate Bill 150, sponsored by Senate Judiciary Committee
Chairman Stewart Greenleaf (R-Montgomery), a sexual assault
victim could petition the court, requesting protection from
the defendant. A protective order would prohibit the
defendant from having any contact with the victim, would bar
stalking and harassment, and would grant any other
appropriate relief as determined by the court for up to 18
months. The bill would also require that the sexual assault
victim be notified about legal rights and victim services.
More Information
Senate Approves Measure Strengthening Child Testimony Law
The Senate approved legislation sponsored by Senate Judiciary
Committee Chairman Stewart Greenleaf (R-Montgomery) to shore
up state law covering child testimony.
Senate Bill 699 was offered in response to a recent
State Superior Court decision (Commonwealth v. Kriner)
vacating a rape conviction on the grounds that the death of
a child victim did not meet the unavailability standard of
the "tender years hearsay exception law."
The exception law allows a court to admit out-of-court
statements by a child age 12 and under if the child is
unavailable and the statements are determined by the court
in a pre-trial hearing to meet standards of reliability and relevance.
To address the Superior Court decision, Senator Greenleaf's
legislation would further define "unavailability" for the
tender years hearsay exception to include death of the
witness or the witness's then-existing physical or mental
illness or infirmity. The legislation essentially
incorporates the definition of unavailability of a witness
from Rule 804 of the Pennsylvania Rules of Evidence.
More Information
Senate Approves Bill to Improve Review of Child Deaths
The Senate approved legislation sponsored by Sen. Lisa Baker (R-Luzerne)
aimed at increasing child safety in Pennsylvania.
Senate Bill 684 would implement a child death review program to coordinate
local teams to examine the circumstances surrounding deaths of individuals under
the age of 21.
Through the program, the Department of Health would be responsible for
developing protocols for child death reviews, coordinating the collection
of data, and providing specialized training. Information regarding
the frequency and causes of child injury and death, as well as prevention
strategies, would be offered to agencies, health and child care professionals,
and the general public.
More Information
Underage Drinking
Enforcement Legislation Signed Into Law
The Senate approved legislation sponsored by Senate Law and Justice Committee
Chairman John Rafferty (R-Montgomery) to permit the continuation of Pennsylvania
State Police age compliance checks at bars, restaurants and beer distributors to
help stem the flow of alcohol to underage purchasers and drinkers.
This highly successful pilot program began almost two years ago,
but was set to expire at the end of the year.
Senate Bill 737 permits the State
Police to continue age compliance checks with individuals between the ages of 18
and 21 who attempt to purchase alcohol with their real driver license – which
clearly states that the individual is under 21. Troopers are present when the
minors attempt to purchase the alcohol.
Since the inception of the program, the State Police have conducted over 2,501
age compliance checks. Of those, 1,109 underage individuals were sold alcohol.
Act 75 of 2007
Senate Bolsters Rights
of Foster Parents, Others Caring For Children in Need
The Senate approved legislation that would bolster the rights of foster parents
and others seeking to care for children in need.
Senate Bill 1156, sponsored by Sen.
Mike Folmer (R-Lebanon), would give a foster parent, pre-adoptive parent or
relative who is providing care for a child the right, rather than just the
opportunity, to be heard at any hearing.
In the case of a hearing to determine
the permanent placement of a child, the court would be required to consult with
the child in a manner appropriate to the child's age and maturity, or a
representative. Passage of Senate Bill 1156 would bring Pennsylvania into
compliance with federal law.
Act 76 of 2007
Bullying Prevention Bill Approved by Senate
The Senate voted to approve legislation sponsored by Sen. Stewart Greenleaf
(R-Montgomery) to require school entities to adopt a policy relating to bullying or to amend the student
code of conduct to include provisions related to bullying. Schools that already have such a policy in place would not
be required to establish a new policy.
Senate Bill 71 would require school entities to distribute the bullying policy with the code of student
conduct and to make it accessible to the public on the school entity's Intern
provide the Office of Safe Schools with a copy of the policy along with information relating to the development and
implementation of bullying prevention and intervention programs. Also, bullying would be specifically included
among problem behaviors in the prevention programs for which the Office of Safe Schools may authorize grants to schools.
More Information
STRENGTHENING CONSUMER PROTECTION |
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Senate Votes to Crack Down On Home Repair Con Artists
The Senate approved legislation to protect state residents from home improvement scam artists.
Senate Bill 100, sponsored by Senate Consumer Protection and Professional Licensure Committee Chairman Tommy
Tomlinson (R-Bucks), would give local law enforcement officials the tools they need to crack down on disreputable
contractors. It also sets down strict criminal penalties and even tougher sanctions if the victim is a
senior citizen.
Senator Tomlinson's legislation gives district attorneys and the Attorney General strong enforcement authority for
investigating and prosecuting home improvement scams. Those who violate the law could face a possible misdemeanor or
felony conviction, and revocation or suspension of their registration. The bill also includes tougher penalties if
the victim is 60 or older, since many scam artists target older homeowners.
More Information
Bill to Strengthen State's Puppy Lemon Law Clears Committee
The Senate Agriculture and Rural Affairs Committee, chaired by Sen. Mike
Brubaker (R-Lancaster), approved legislation sponsored by Sen. Stewart Greenleaf
(R-Montgomery) to strengthen Pennsylvania’s Dog Purchaser Protection Act,
commonly known as the Puppy Lemon Law.
Senate Bill 536 expands the law to cover incurable conditions and
extends the time period in which a health problem must be certified by a
veterinarian, among other changes.
More Information
Senate Passes Measure to Protect Computer
Users from Spyware
The Senate passed legislation authored by Sen. John Gordner (R-Columbia) to
improve computer security by preventing spyware, a tool used by cyber identity
thieves to obtain personal information.
Spyware is a term for a computer program that gathers information through
the user's Internet connection and transmits it to a third party. This
information, which includes passwords and personal identification numbers, can
be used to commit fraud.
Senate Bill 711 would make it a
crime to distribute spyware to a computer without the user's consent or
knowledge.
More Information
Senate Votes To Allow Resale of Tickets with Consumer Protections
The Senate approved legislation to create a safer and more open
system in which to buy and sell tickets for sporting events,
concerts and other activities.
Senate Bill 86, sponsored by Senate Consumer Protection and Professional Licensure Committee Chairman Tommy
Tomlinson (R-Bucks), would modernize Pennsylvania's ticket resale law to allow the owner of an event ticket to resell
that ticket through an Internet-based reseller such as TicketMaster, StubHub or eBay. The reseller must have an
office in Pennsylvania and guarantee a refund if the ticket is invalid or the event is cancelled. Current
state law forbids ticket owners from reselling their tickets for above face value without obtaining a license.
Act 32 of 2007
More Information
Senate Votes to Crack Down On Faulty Airbag Installation
The
Senate approved legislation updating Pennsylvania laws to
reflect the wide use of vehicle airbags.
Senate Bill 537, sponsored by Senate Judiciary Committee
Chairman Stewart Greenleaf (R-Montgomery), would make it illegal for any person to knowingly install or reinstall
a fraudulent airbag on a vehicle. The bill defines
a "fraudulent airbag" as any item or object other than an
airbag designed in accordance with federal safety
regulations for the make, model and year of motor vehicle
that is part of the inflatable restraint system for the
motor vehicle. A person who violates the provision would be
guilty of a third-degree misdemeanor.
Mortgage Reform Package Approved by Committee
Four bills introduced by Sen. Pat Browne (R-Lehigh) targeting predatory and
other questionable mortgage lending practices in Pennsylvania were approved by
the Senate Banking and Insurance Committee.
Sen. Browne introduced the bills based on the findings of a mortgage industry
study mandated by House Resolution 364, which was adopted in 2003. The
resolution directed the Department of Banking to study residential lending
practices in Pennsylvania, examine trends in foreclosures and document
lending practices that are harmful to consumers.
Senate Bill 483 would amend the Loan
Interest and Protection Law to increase the monetary cap in the Act from $50,000
to $200,000.
Senate Bill 484 would permit the Department
of Banking to publicly release information on pending enforcement actions and
fines levied against non-depository licensees.
Senate Bill 487 would create a new
licensing category for individual mortgage originators who deal directly with
the consumer by soliciting, accepting, or offering to accept mortgage loan
applications, or negotiating mortgage loan terms.
Senate Bill 488 would create a new
licensing category for individual mortgage originators who deal directly with
the consumer by soliciting, accepting, or offering to accept secondary mortgage
loan (home equity) applications or negotiating secondary mortgage loan terms.
More Information
Closer Monitoring Of Mortgage Foreclosures
Approved By Committee
Legislation that would provide closer
monitoring of mortgage foreclosures across Pennsylvania was approved by the
Senate Urban Affairs and Housing Committee, chaired by Sen. John Pippy
(R-Allegheny).
Senate Bill 486, sponsored by Sen.
Pat Browne (R-Lehigh), amends the Housing Finance Agency Law to require lenders
to send copies of foreclosure notices to the Pennsylvania Housing Finance Agency
so that mortgage foreclosures can be monitored on a statewide basis.
It also extends the agency's temporary stay of foreclosure to include the
periods of administrative appeal.
The bill is designed to give more information
to state government on delinquent loans so they can be tracked to identify
trends in the mortgage business and allow recommendations to be made to the
General Assembly on how to further protect consumers. Senate Bill 486 is among a
package of bills aimed at protecting consumers in the mortgage and secondary
mortgage markets.
Committee Votes To Make 'Do Not Call' Registration Permanent
Legislation
sponsored by Sen. Jake Corman (R-Centre) that would remove
the five-year subscription period for consumers who want
their telephone numbers permanently listed on the Do Not
Call list, advanced in the Senate.
The Senate Consumer Protection and Professional Licensure
Committee, chaired by Sen. Tommy Tomlinson (R-Bucks), voted
to send
Senate Bill 1116 to the full Senate for a vote.
In 2002, Pennsylvanians were first given the opportunity to
avoid these calls by registering for the Do Not Call list.
One million citizens registered in a single two-week period
that year, and millions more have registered through the
past few years. Currently, registration on the Do Not Call
list is only valid for five years.
More Information
Sen. Regola introduces bill
to prohibit Caller ID "spoofing"
Sen. Bob Regola
(R-Westmoreland) has introduced
Senate Bill 460, legislation that would prohibit the use
of false Caller ID information, a practice known as
"spoofing," by identity thieves and hucksters as a way to
trick individuals into taking their calls.
Caller ID spoofing has
emerged as a tool for identity thieves and scam
artists. Individuals use false numbers and
identification to make it appear that they are calling from
another legitimate location. They know that most people will
ignore their calls if they allow their correct information
to be displayed on a Caller ID screen.
More Information
Bills introduced to combat
computer "phishing"
Sen. Tommy Tomlinson
(R-Bucks) has introduced legislation to make it a crime to
engage in computer "phishing."
In "phishing," an individual
takes on the identity of a legitimate business to induce a
person to provide personal information, such as bank
account, credit card or Social Security numbers.
Under
Senate Bill 84, it would also be a violation for a
person to sell or distribute any identifying information
obtained with the intent to defraud or injure anyone. The
bill also states that the Attorney General would have the
authority to investigate and to institute criminal
proceedings for any violation or series of violations
involving more than one county within the Commonwealth or
another state. Sen. Jeffrey Piccola (R-Dauphin) introduced
similar legislation,
Senate Bill 114.
IMPROVING HEALTH CARE
|
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Senate Approves Plan to Reduce Health Care-Associated
Infections
Legislation sponsored by Sen. Ted Erickson (R-Delaware) to
reduce the number of health care‑associated infections in
the Commonwealth was approved by the Senate.
The
committee, chaired by Senator Erickson, approved
Senate Bill 968, which would establish
the roles
of health care facilities and state government in reducing
the incidence of infections.
The
Centers for Disease Control and Prevention estimates that
infections acquired in health care facilities affect 2
million patients a year in the United States, with more than
100,000 dying from bacteria that are increasingly resistant
to common antibiotics.
The
provisions contained in Senate Bill 968 will ensure that
hospitals, nursing homes and ambulatory surgical facilities
use proven tools and protocols to reduce infections in
Pennsylvania, improve quality of care, improve safety for
both patients and health care workers, and reduce health
care costs. Act 52 of 2007
More Information
Exploring Health Centers and Care for Uninsured
Pennsylvanians
As part of the ongoing effort to make quality health care more accessible in
Pennsylvania, the Senate Public Health and Welfare Committee, chaired by Sen.
Ted Erickson (R-Delaware), is examining the role that health centers play in
providing care for low-income and uninsured Pennsylvanians.
The important role that these clinics play in communities across the state is
often underestimated, and the committee is exploring how their role in
providing care to the uninsured can be expanded.
Through public and private support, Community Health Centers in
Pennsylvania provide medical care to more than 600,000 residents at 190 sites
each year. All patients are provided care regardless of ability to pay or
insurance status, and one in six are uninsured.
Uninsured Pennsylvanians also receive health care at Pennsylvania's 30 free
clinics, 33 Nurse-Managed Health Centers and similar facilities.
More Information
Committee Hearing Focuses on Reducing Health Care Costs
The Senate Majority Policy Committee, chaired by Sen. Jake Corman
(R-Centre), held a public hearing on ideas to make health care more
affordable in Pennsylvania.
Among those testifying was Sen. Mike Folmer (R-Lebanon), sponsor of a
package of bills aimed at reducing health care costs. Pennsylvania serves over
2.1 million people through medical assistance, adultBasic and the Children's
Health Insurance Program (CHIP) at a cost of $6.3 billion -- including federal
taxpayer dollars of $7.8 billion, the total is $14.1 billion. Gov. Rendell's new
health care program is estimated to cost between $1.4 billion and $3.2 billion.
More Information
Long-Term Care Insurance Incentive Approved By Senate
The Senate
approved legislation that would provide a strong financial
incentive for consumers to invest in long-term care
insurance and reduce financial costs to taxpayers.
Senate Bill 548, sponsored by Sen. Jake Corman
(R-Centre), would create the Long-Term Care (LTC)
Partnership Program, which would provide a financial
incentive for individuals to buy LTC insurance, and orders
the state Department of Public Welfare to file
Pennsylvania's state plan for LTC insurance with the federal
Centers for Medicare and Medicaid Services by June 30 of
this year. The measure is intended to give people the
opportunity to protect their personal assets by buying the
insurance. The Department of Public Welfare missed its
self-imposed deadline to submit Pennsylvania's plan to the
federal government, which necessitated the legislation. Act 40 of 2007
More Information
Senate Approves Legislation to Improve Access to Dental Care
The Senate approved legislation sponsored by Sen. Pat Vance
(R-Cumberland) to address the needs of Pennsylvanians without access to routine,
preventive dental services.
Currently, the Commonwealth requires professional dental
services to be delivered by or under the supervision of a
dentist. There is an acute shortage of dentists willing to
treat individuals on Medical Assistance and as a result,
these individuals often only receive dental care when it is
absolutely necessary. By allowing dental hygienists to
provide preventive and routine care, Pennsylvania
would prevent health problems related to poor dental care.
Senate Bill 455 allows public health dental hygiene
practitioners to provide services within their current scope
of practice, in specified institutions such as nursing
homes, schools, mobile dental units and correctional
facilities without the supervision of a dentist. The dental
hygiene practitioner would have to be certified by the State
Board of Dentistry as having completed 3,600 hours of
practice under the supervision of a licensed dentist and
have a malpractice policy. Act 51 of 2007
More Information
Senate Votes to Expand Scope of Practice, Provide Health
Care Flexibility
The Senate approved a package of bills designed to lower
health care costs by giving health care facilities
more flexibility in staffing. All of the changes
include patient protections.
House Bill 1251 increases the number of physician
assistants that may be supervised by a physician from 2 to
4.
House Bill 1252 does the same as House Bill 1251
for osteopathic facilities.
House Bill 1253 allows
certified nurse
practitioners to order certain equipment and care, make
referrals for certain types of therapy and dietitian
referrals, and other functions.
House Bill 1254 requires
clinical nurse
specialists to maintain professional liability coverage
under MCARE as a nonparticipating health care provider and
may not participate in the MCARE fund.
House Bill 1255 authorizes nurse-midwives to prescribe, dispense, order and
administer specific drugs.
Acts 46, 47, 48, 49 and 50 of 2007
Senate Establishes Licensing Standards for Assisted Living
Facilities
Assisted
living facilities will be licensed under legislation the
Senate sent to the governor.
Senate Bill 704, sponsored by Senate Aging and Youth
Committee Chair Pat Vance (R-Cumberland), defines
assisted living residences and the services that may be
offered. It sets minimal standards for the regulation of the
industry by the Department of Public Welfare and supports the general philosophy
that individuals should be permitted to remain in a home-like atmosphere of
their choice for as long as possible.
Although
many personal care homes often refer to themselves as
assisted living facilities, there currently is no official
licensure category for this type of care. By creating this
type of license, citizens will be able to determine what
kind of services to expect and whether the setting will
address their needs. Act 56 of 2007
More Information
Senate Passes Bill to Help Doctors, Hospitals Digitize
Medical Records
The
Senate approved legislation to help hospitals, doctors'
offices, and health care clinics create computerized systems
to better diagnose and treat patients.
Currently, 90 percent of health care data information is
exchanged via telephone, fax, or mail.
Senate Bill 8, sponsored by Senate Communications and
Technology Committee Chairman Rob Wonderling (R-Montgomery),
would enable grant recipients to receive up to $1 million in
matching funds to purchase health information technology,
help pay the costs and expenses associated with
implementation, and train personnel in the use of the new
system.
In
addition to improving health care quality and reducing
costs, Senate Bill 8 would help make the medical
process more convenient for consumers. Patients would be
able to get their lab results sent to their home computer,
prescription drugs could be renewed with a click of a
button, individuals could receive medical advice from their
doctor over the Internet, and parents could print out their
child's immunization records at home.
Specific
funding for the program will be addressed through a separate
measure. Senator Wonderling is advocating a $50 million
set-aside within the governor's Jonas Salk Legacy Fund
proposal.
More Information
Senate Approves Bill to Help Uninsured Cancer Patients Get
Access To Medication
The Senate passed
legislation to establish a cancer drug repository in
Pennsylvania to help uninsured patients and those in need
gain access to safe, unused cancer medications. Cancer
patients who are uninsured or underinsured could access these medications through a network of
participating pharmacies and medical clinics.
The American Cancer Society has stated that unused
cancer medication is a valuable resource for low-income
patients. A growing number of states have already
established successful cancer drug repositories, such as
Wisconsin, Colorado, Nebraska, and Kansas.
Under
Senate Bill 638, sponsored by Sen. Rob Wonderling
(R-Montgomery), a health care facility, health clinic,
hospital, pharmacy or physician's office could return unused
drugs. Only medications in their original, sealed, and
tamper-resistant packaging would be accepted and dispensed.
Donations would also have to be accompanied by a cancer
drug repository donor form that is signed by the donor or
that person's authorized representative. Medication used for
pain, anxiety, and sleep could not be donated according to
federal law.
More Information
Senate Passes Bill to Post Personal Care Facility Info
on Web
The
licensure status of facilities caring for the elderly and
disabled would be available via the Internet under
legislation approved by the Senate.
Senate Bill 811, sponsored by Sen. Pat Vance
(R-Cumberland), would require the creation of a website with
licensing and certification information on nursing
homes, personal care homes and domiciliary care homes. This data would include information on violations of
statute or regulation by the facility and any corrective
action taken.
The
state Department of Public Welfare disclosed a few months
ago that 73 percent of personal care homes in the state have
not been inspected on time.
More Information
Senate Again Approves
Bill Extending MCARE
The Senate passed a second bill to extend the MCARE program, which provides a
financial safety net to help Pennsylvania's health care providers cover their
medical malpractice insurance costs.
House Bill 489 was amended in the
Senate Appropriations Committee, chaired by Sen. Don White (R-Indiana), to
provide a one-year reauthorization of the MCARE (Medical Care Availability and
Reduction of Error) program, which is set to lapse at the end of 2007.
The five-year-old MCARE program helps physicians pay a portion of their
medical malpractice insurance premiums. The fund helps pay toward the cost of
the $500,000 in MCARE fund coverage that the state requires each doctor to
secure, in addition to the $500,000 in primary coverage from the private
marketplace. MCARE assistance is financed primarily by a 25-cent tax on
cigarettes and a surcharge on traffic citations.
More Information
Senate Approves Measure to Aid Social Workers
The Senate approved legislation today that would require Highmark to pay
social workers directly for their services, making it easier for these
vital workers to receive compensation.
Senate Bill 998, sponsored by Sen. Chuck McIlhinney (R-Bucks), would add
licensed clinical social workers to the list of health professionals that
receive direct reimbursements from Highmark. Highmark currently does not make
direct payments to social workers. Instead, payments are sent to doctors or
health care facilities who then reimburse social workers.
More Information
Committee Approves "Blues
Merger Oversight"
Reacting to the legislative
inertia of the Rendell Administration, the Senate in June
approved yet another bill intended to provide state
oversight of proposed mergers involving non-profit health
insurance companies, according to Sen. Don White, Chairman
of the Senate Banking and Insurance Committee.
The amended version includes
most of the language previously approved by the Senate in
Senate Bill 550 (Senator White's original bill, approved
by the Senate in March) and
House Bill 112 (approved by the Senate in May), but was
adapted to meet what are seen as the administration's
concerns about the legislation.
A key provision within
House Bill 966, as with the previous versions, is the
requirement that any merger involving the "Blues" be
subject to approval by the Department of Insurance.
While the Insurance Department would hold final approval --
or denial -- authority for a merger of non-profit health
insurance companies, the bill also establishes an Insurance
Restructuring Public Interest Review Board comprised of
representatives from the Auditor General's Office, the
administration, and the four caucuses of the General
Assembly, as well as a policyholder to provide
recommendations to the Department.
Two additions to the latest
bill include a requirement that the board make its
recommendations no later than August 31, 2008 and a sunset
provision that would disband the board 90 days after the
Department of Insurance ruling on the merger.
In response to concerns by
Banking and Insurance Committee members about the previous
bill, the amended version of HB 966 drops a requirement that
the Department of Insurance develop a written determination
that the merger or consolidation will result in a "sustained
reduction in health care premiums." Instead, the Department
must determine the merger will provide "sustained benefits."
Finally, the legislation
removes the requirement for a retroactive review of the
total amount the non-profit organizations dedicate to social
mission.
More Information
More Information
Disability Assistance Measure
Approved By Committee
The Senate Finance Committee,
chaired by Sen. Pat Browne (R-Lehigh), approved legislation
to assist disabled Pennsylvanians and their families.
Senate Bill 54, sponsored by Sen. Ted Erickson
(R-Delaware), would authorize the creation of Disability Savings Accounts for individuals with
mental retardation.
The accounts, which could be
created by an individual, or by an employer or family member
for the benefit of a mentally retarded person, could be used
to assist the beneficiary to achieve and maintain financial
independence. Increases in the value of a Disability
Savings Account and distribution for qualified disability
expenses would be excluded from state Personal Income Tax.
Sen. Folmer Unveils "Healthy
Pennsylvania" Initiative
Healthy Pennsylvania, a
consumer-driven alternative to Gov. Rendell's "Prescription for Pennsylvania,"
was unveiled by Sen. Mike Folmer (R-Lebanon).
The elements of Healthy
Pennsylvania include sunsetting state health insurance mandates, promoting
Health Savings Accounts (HSAs) and weeding out bad health care
professionals. The initiative would also give health care consumers more price
information, establish tax deductions and credits for those who pay for their
own health care, and increase competition among health insurers.
Sen. Folmer said a comprehensive
approach is needed, noting that other reforms introduced by Senate colleagues –
such as tort reform and allowing small employers to pool together to purchase
health insurance – are also integral in lowering costs and improving quality and
accessibility.
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REDUCING GOVERNMENT REGULATION |
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Senate Sends Construction Code Reform Bill to Governor
The
Senate approved Senate Bill 437, a bill to reform the state
Uniform Construction Code, and sent it on to the governor to
be signed into law.
Senate Bill 437, sponsored by Sen. Bob Regola
(R-Westmoreland), will amend the UCC by repealing a
new mandate that took effect in January. Under the
mandate, all new residential construction is now required to
have "anchor bolts" when the foundation and retaining walls
are built, which could increase home building costs by as
much as $3,000. The requirement was designed primarily for
coastal areas and earthquake-prone regions. Act 9 of 2007
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Committee Forwards Important Building Code Reform
(The Senate Labor and Industry Committee, chaired by Sen. John Gordner
(R-Columbia), approved legislation that will establish a technical review and
advisory council to address updates to the Pennsylvania Uniform Construction
Code.
The review council created by
House Bill 1096 will consist of experts in all fields related to the design,
construction and inspection of buildings, in addition to municipal
representatives. It will review proposed changes to the International
Code Council’s family of codes before they are adopted in Pennsylvania
by the Department of Labor and Industry.
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Senate Approves Legislation 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 752, 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
burden of justification would be on the regulatory agency to
demonstrate that the regulation is based upon empirical,
replicable and testable information. If the agency does not,
or cannot, it would be grounds for disapproval of the
proposed regulation. Any state agency seeking to implement a
regulation would have the responsibility to provide to the
IRRC a sufficient description of any data upon which
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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Senate Acts to Prohibit
Government Intrusion Into Internet Telephone Service
The Senate approved legislation sponsored by Senate Communications and
Technology Committee Chairman Rob Wonderling (R-Montgomery) preventing any state
government agency from regulating Voice over Internet Protocol (VoIP).
VoIP allows telephone calls to be made via a broadband Internet connection
instead of a regular phone line. Use of VoIP services grew by more than
500 percent in the last two years.
Senate Bill 1000 would prohibit only
the regulation of VoIP services, not landline services, but would continue,
where applicable, payment of E-911 fees, Telecommunications Relay Service (TRS)
fees, and Universal Service Fund fees by VoIP providers as well as the payment
of any switched network access rates for interconnected-VoIP calls.
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Senate Exempts AG Fair Buildings from Unnecessary Burden
Legislation that exempts temporary structures and pole barns
at agricultural fairs from Pennsylvania's Uniform
Construction Code was signed into law by the governor.
Many
worthwhile community organizations such as 4-H, FFA,
local churches, Boy Scout and Girl Scout troops,
Lions Clubs, Rotary Clubs and Granges could have suffered
because a large portion of their operating budgets are
raised at fairs.
Senate Bill 466, sponsored by Sen. Bob Robbins
(R-Mercer), defines temporary structures as less than 1,600
square feet in size and erected for a period of less than 30
days. Act 39 of 2007
FIGHTING CRIME | Back to Top
Senate Approves Bill to Keep State Police Barracks Open
The
Senate approved legislation sponsored by Senate Law and
Justice Committee Chairman John Rafferty (R-Montgomery) that
would halt an administration-backed plan to close up to 66
barracks across the state after regular business hours.
Senate Bill 318 would ensure that the barracks are
open to the public 24 hours a day, seven days a week.
Senator Rafferty introduced Senate Bill 318 after learning
that the Pennsylvania State Police were operating a
test-pilot program at the Skippack barracks in Montgomery
County in an effort to save money.
Senate Acts to Expand State
Intermediate Punishment Program
The Senate approved legislation aimed at reducing
Pennsylvania’s inmate population, cutting taxpayer costs and
increasing public safety.
Senate Bill 1027, sponsored by Senate Judiciary Chairman
Stewart Greenleaf (Re-Montgomery), would encourage more
widespread use of the State Intermediate Punishment Program
to treat low-level drug and alcohol dependant offenders.
Nearly 70 percent of the offenders entering the state
correctional system are dependant on drugs or alcohol.
Offenders who complete appropriate drug and alcohol
treatment programs are 30 percent less likely to
reoffend. According to the Department of
Corrections, full utilization of the State Intermediate
Punishment Program could have resulted in 200 fewer
victimizations last year.
Senate Bill 1027 will establish a procedure by which the
Department of Corrections may identify an offender upon
intake and evaluation as someone who would have been
otherwise eligible for and benefited from the State
Intermediate Punishment Program.
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Senate Approves Bill Banning Gun
Seizures
Working to protect the rights of law-abiding citizens,
the Senate approved legislation introduced by Sen. Bob
Robbins (R-Mercer) that would prohibit government
officials from seizing firearms from individuals --
who are legally permitted to possess them -- during
emergencies or natural disasters.
The need for the basic protection of the right to bear arms
provided by
Senate Bill 1172 became apparent in the wake of
Hurricane Katrina when New Orleans police officers
confiscated firearms from citizens -- including those who
had valid firearms permits. Because of these incidents, 22
states -- including Louisiana – have passed legislation
prohibiting such confiscations during a declared emergency.
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Senate Passes Bill to Clarify Use of Deadly Force
The
Senate approved legislation sponsored by Senate Judiciary
Committee Chairman Stewart Greenleaf (R-Montgomery) to clarify when corrections officers can use deadly force
during prison escapes.
Senate Bill 623 would authorize corrections officers to
use deadly force when necessary to prevent death or serious
bodily injury to others, or when an escapee poses a danger
and resists capture.
The bill
also requires local law enforcement to use the best
available information, including a firearms trace, to
determine how and where a person under 21 illegally
gained possession of a firearm. Act 41 of 2007
Bill
To Deny Bail for Dangerous Individuals Passed By Senate
The
Senate approved legislation that would allow bail to be
denied in cases involving serious crimes or dangerous
individuals.
Under
Senate Bill 256, sponsored by Sen. Pat Browne
(R-Lehigh), in cases where the maximum sentence is life
imprisonment or where no conditions other than imprisonment
will reasonably protect public safety, denial
of bail would be permitted.
In 1998,
voters amended the Pennsylvania Constitution to allow for
such denials. However, the language in the state Judicial
Code has not been updated.
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Package of Bills to Combat Methamphetamine Passed By Senate
Continuing efforts to combat the production of
methamphetamine, the Senate approved a four-bill package
sponsored by Sen. John Gordner (R-Columbia).
The
package is designed to make it more difficult to
obtain the ingredients necessary to produce methamphetamine,
add new protections for children and cleans up the
environmental damage caused by illegal meth labs. Sen.
Gordner introduced the legislation with the support of state
Attorney General Thomas Corbett.
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Bank
Robbery Legislation Approved By Senate
Legislation sponsored by Sen. Mike Waugh (R-York) that would
ensure that robbery of a financial institution is treated as
a felony of the second degree -- regardless of
the method used – was approved by the Senate.
Senate Bill 331
amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes
regarding robbery of a financial institution, which has sections pertaining to
"robbery" and "robbery of a motor vehicle." Currently, bank robberies are simply
grouped with other "robberies," which, if no bodily harm was done but property
was taken, are classified as third-degree felonies.
Sen.
Waugh's legislation addresses the specific action of taking
or removing money of a financial institution, and classifies
such a robbery as a felony of the second degree. Due to the
increased use of notes and verbal threats to
carry out bank robberies, the bill includes language to give
prosecutors the tools they need to prosecute offenders,
regardless of the method used by robbers, whether with a
note or a gun.
Senate Votes To Establish Pretrial Capital Punishment
Procedures
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.
The U.S. Supreme Court ruled in Atkins v. Virginia that applying the death
penalty to persons with mental retardation is unconstitutional, and left it up
to states to determine how to implement the decision.
Senate Bill 751, sponsored by Sen. Mary Jo White (R-Venango),
establishes a pretrial hearing by a judge to make the assessment.
Under Senate Bill 751, 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 court 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.
Senate Panel Approves Legislation to Establish
Specialized Courts
The Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf
(R-Montgomery), approved legislation sponsored by Sen. Jane Orie (R-Allegheny)
that would establish specialized "problem-solving" courts which would integrate
intervention and treatment into the handling of certain criminal cases.
Senate Bill 584 would provide for
the creation of drug courts, which have proven to be very successful in
lowering recidivism rates and saving tax dollars. Another type of
problem-solving court deals with the mental issues of some defendants. A Rand
study of the Allegheny County mental health court program found that costs were
offset in the first year after sentencing.
Senate Bill 584 would provide state assistance to other county or judicial
districts to create similar courts. Senate Bill 584 provides for a statewide
coordinator in the Administrative Office of the Pennsylvania Court. The
coordinator would be responsible for identifying sources of funding and
providing coordination, best practices, and technical assistance to bolster
those efforts.
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SUPPORTING FARMERS |
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Helping Farmers Protect the Environment
The
Senate approved legislation to provide tax credits to those
who invest in proven conservation practices.
Under
Senate Bill 690, sponsored by Sen. Mike Waugh (R-York),
the Pennsylvania Resource Enhancement and Protection
(REAP) Tax Credit Program would provide transferable
tax credits for installing proven and cost-effective best
management practices to reduce sediments and pollution
coming from farms. These practices include improvements to
barnyards and pastures, implementation of nutrient
management plans and removal of sediments.
REAP
would provide state tax credits worth up to $150,000 per
farm to help producers pay for eligible Best Management
Practices (BMP) intended to mitigate the potential
environmental impact of their farming operations. The total
amount of credits to be made available in the coming fiscal
year would be $10 million.
Applicants may receive a tax credit worth 25 percent to 75
percent of the project cost, depending on the BMP selected.
(Enacted as part of
Senate Bill 97)
Act 55 of 2007
ASSISTING MILITARY VETERANS |
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Senate Approves Bill to
Improve Veteran Outreach Programs
Legislation aimed at improving outreach assistance and support programs for
Pennsylvania's large veteran population was approved by the Senate and signed
into law.
Senate Bill 915, sponsored by Senate
Veterans Affairs and Emergency Preparedness Committee Chair Lisa Baker
(R-Luzerne), will provide financial assistance to the Veterans Administration
accredited service officer programs offered by nationally chartered veteran
service organizations. These include the American Legion, AMVETS, Veterans of
Foreign Wars of the United States, and the Disabled American Veterans.
The state Department of Military and Veterans Affairs will coor |