2009-2010 Senate Accomplishments

Senate Accomplishments
Bills Passed/Other Action
2007 - 2008

Abbreviated Version (PDF)

• Enacting a Responsible State Budget
• Reforming State Government
• Creating Jobs
• Easing the Tax Burden
• Supporting Education
• Improving Emergency Response
• Protecting Children and Families
• Strengthening Consumer Protection

• Improving Health Care
• Transportation and Infrastructure
• Reducing Government Regulation
• Fighting Crime

• Supporting Farmers

• Assisting Military Veterans

• Environment and Energy

• Hunting and Recreation

• Reducing Illegal Immigration

ENACTING A RESPONSIBLE STATE BUDGET
 

2008-09 Budget: Senate Keeps Spending Below Rate of Inflation
The Senate approved a state budget for Fiscal Year 2008-09 that holds the line on state spending while ensuring the continuation of essential services and programs.
The budget calls for $28.2 billion in general fund spending, which is nearly $150 million less than the $28.35 billion in spending proposed by the administration. Overall, the 3.98 percent increase in spending from FY 2007-08 is below the 4.4 percent rate of inflation and represents a significant reduction from the 4.2-percent increase proposed by the administration.
While spending is reduced across the board in this budget, including a 1.3 percent reduction for the Legislature and the Judiciary, Senate Republicans successfully fought to restore state support for essential services and programs such as neonatal hospitals, burn centers and critical care access hospitals.
Senate Republicans also stood firm in ensuring that the Commonwealth honored its commitment to Pennsylvania's employers and job creators by maintaining the scheduled reduction of the onerous Capital Stock and Franchise Tax. The administration had proposed slowing the reduction, which would have cost employers an estimated $40 million in FY 2008-09.
Act 38A of 2008
More Information

2007-08 Budget:  Plan 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
More Information

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.
More Information  

REFORMING STATE GOVERNMENT | Back to Top
 

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.
More 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.
Act 3 of 2008 makes dramatic changes in the records available from various government agencies.  For state agencies and local agencies, it 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.
Act 3 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.
More Information

Web Posting Of State Government Contracts
Stressing that taxpayers should have access to records on state government spending, Sen. Jake Corman (R-Centre) introduced legislation to require the state Treasury Department to post contracts, or detailed summaries, on the internet for public review.
The measure was enacted as part of Act 3 of 2008.
More Information

Senate Votes to Implement "Pinstripe Patronage" Ban
The Senate approved legislation introduced by Sen. Jane Orie (R-Allegheny) to eliminate conflicts of interest when state government enters into contracts with outside consultants.
Senate Bill 903 would prohibit any state agency from contracting with outside individuals or firms to do consulting work, unless the contract is reviewed by the Attorney General for legality and conflict of interest, or is opened up to public competitive bidding. The bill applies to management consulting contracts designed to improve the effectiveness of management strategies, and certain legal consulting services.
Additionally, the bill requires all those seeking to do consulting work to report their campaign contributions, and prohibits any consultant from having a financial stake in the issue on which they are rendering an opinion. Under the measure, all information as to contracts awarded and campaign contributions by consultants must be made available for public inspection on the Internet.
More Information

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."  
More Information

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.
More Information

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.
Act 30 of 2007 was amended to include language Senate State Government Committee Chairman Jeffrey Piccola (R-Dauphin) introduced in response to a Pennsylvania Supreme Court ruling 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.
The law also includes a provision to raise judicial salaries by $1, bolstering its chances of withstanding a court challenge.
More Information

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.
More Information

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.
More Information

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. 
More Information

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.
More Information

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.
More Information

Senate Republicans: No Lame Duck Session in 2008
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 2008.
The 26 days between November 4 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. At least six new members will be elected to the Senate this year, replacing retiring members.
Senator Scarnati said: "Whether or not the House acts on Senate Bill 468, we will not convene for a regular lame duck session. If some truly extraordinary event necessitates legislative action, we will be ready to act."
More Information

Senate Approves Bill Consolidating Collection of Earned Income Taxes
The Senate approved legislation sponsored by Sen. Jane Earll (R-Erie) that updates the Local Tax Enabling Act of 1965 to consolidate the collection of earned income taxes at the countywide level.
For years, the collection of nearly $2 billion in tax revenue was performed by 560 collectors. Act 32 of 2008 reduces 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.
More Information

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 by 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.
More Information

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.
More Information

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.
More Information

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.
More Information

Govt. Ads, State Vehicle Reforms Passed by Senate
Two key pieces of Sen. Mike Folmer's (R-Lebanon) reform agenda were approved by the Senate.
The Taxpayer-Funded Advertising Transparency Act (Senate Bill 1015) was unanimously approved by the Senate. The legislation requires all paid advertising by state government to bear the following disclaimer: "Paid for with Pennsylvania taxpayer dollars." It is estimated that state government annually spends tens of millions of taxpayer dollars advertising itself, a practice which Sen. Folmer said needs more accountability and transparency.
The Senate also unanimously approved Senator Folmer's legislation (Senate Bill 1499) reining in the use of state vehicles. Only state employees who drive more than 1,200 miles a month (excluding personal usage) would be eligible to use a state-owned car. Additionally, employees would be required to maintain a detailed monthly mileage log, to be posted on the Department of General Services’ web site.
More Information

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.
More Information

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.
More Information

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.

Senate Puts Legislative Journals Dating Back to 1993 Online
Senate leadership, including Senate President Pro Tempore Joe Scarnati (R-Jefferson) and Senate Majority Leader Dominic Pileggi (R-Delaware), announced that the Senate's complete Legislative Journals from 1993 to 2004 are now available online at www.pasen.gov.  The Senate’s Legislative Journals from 2005 to the present have been available online since January 2007, when the Senate adopted a series of new rules designed to make the legislative process easier to follow. The Senate's Legislative Journals from years prior to 1993, dating as far back as 1802, will continue to be available in the Senate Library.
More Information

CREATING JOBS | Back to Top
 

Senate Approves Tax Stimulus Package
The Senate approved a sweeping four-bill stimulus package that would provide nearly $96 million in tax relief in the upcoming fiscal year for lower-income working Pennsylvanians, small businesses looking to expand, as well as major employers and job creators.
Spearheaded by Senate Finance Committee Chairman Pat Browne (R-Lehigh), the Senate Republican package includes:
Senate Bill 1385, sponsored by Sen. Jake Corman (R-Centre), to expand the cap on the Net Operating Loss provision of the Corporate Net Income Tax to $5 million or 20 percent of taxable income.
Senate Bill 1387, sponsored by Sen. Pat Vance (R-Cumberland), to double the amount that small businesses may deduct on their income tax filing for the costs of machinery and equipment.
Senate Bill 1388, sponsored by Sen. John Eichelberger (R-Blair), to expand the Corporate Net Income Tax sales factor to 85 percent. 
Senate Bill 1386, sponsored by Sen. Bob Regola (R-Westmoreland), to increase the eligibility limits for special tax forgiveness for low-income Pennsylvanians to $37,000 for a family of four.
More Information

Senate Bill Expanding Keystone Opportunity Zones Becomes Law
Legislation sponsored by Senate Urban Affairs and Housing Committee Chairman John Pippy (R-Allegheny) to expand programs that use tax abatements to attract employers to Pennsylvania communities was approved by the General Assembly and signed into law.
Act 79 of 2008 amends the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act to create 15 more KOEZ sites. It also extends the duration of the designation for seven to 10 years, depending on the project.
The law also addresses zones where an endangered species or other environmental concern is discovered that would prohibit development. It allows the state Department of Community and Economic Development to replace such sites with nearby parcels to allow development to go forward. The measure also prohibits a person receiving tax exemptions from knowingly allowing illegal aliens to work in the zone.
More Information

Brownfields Redevelopment Act Approved by Senate
The Senate approved the Brownfields Redevelopment Act, designed to remediate abandoned sites and return them to a source of jobs and tax revenue for Pennsylvania communities.
Senate Bill 1062, sponsored by Sen. Rob Wonderling (R-Montgomery), creates a program for reimbursing developers for up to 75 percent of the costs associated with the remediation of brownfields sites, including sites impacted by mining activity. Remediation must be completed in accordance with Pennsylvania’s award-winning Land Recycling Program or a cleanup plan that has been approved by the state Department of Environmental Protection.
The legislation offers a new source of brownfields funding while being revenue-neutral with regard to the state budget. Reimbursement to the developer is contingent on completion of the remediation, performance of the project, and generation of new tax revenue.
More Information

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.
More Information

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.
More Information

EASING THE TAX BURDEN | Back to Top
 

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.
More Information

Finance Committee Approves 100 Percent Tax Relief Bill
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh), approved legislation that would allow for a 100-percent homestead exemption.
Senate Bill 404 is a proposed Constitutional Amendment that would lift the current cap on the homestead exemption that may be granted by county and local taxing jurisdictions. Currently, homestead exemptions can be no more than 50 percent of the median assessed value of all residential properties.
More Information

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.
More Information

Senate Passes Bipartisan Legislation Limiting Government Tax Appeals
The Senate approved legislation sponsored by Sen. James Rhoades (R-Schuylkill) that would prevent school districts from raising property taxes on homeowners following the sale of a property.
Senate Bill 1258 includes compromise language that would limit local taxing districts to appeal an assessment.  Senate Bill 1258 would limit local taxing districts to appeal an assessment only if a property is subdivided, improvements are added or removed, the property's market value changes by at least $200,000 or the additional revenue to be collected exceeds $5,000.
Senate Bill 1258 would apply to counties of the Fourth through Eighth Class, including all counties with populations under 210,000.  Fifty-one of the state’s 67 counties would be covered under the bill.  Senate Bill 1258 was sent to the House of Representatives for consideration.
More Information

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.
Act 55 of 2007, 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.
More Information 

SUPPORTING EDUCATION | Back to Top
 

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. 
More Information
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
More Information

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.
More Information

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.
More Information

Senate Boosts Support for Scholastic Science Partnerships
The Senate approved legislation to formally enact into law the highly touted Science Technology Partnership Program, better known as "Science in Motion."
Senate Bill 472, sponsored by Sen. Bob Robbins (R-Mercer), was sent to the House of Representatives for consideration. The program makes state funding available to higher education institutions to purchase high-tech science equipment – which is then shared with surrounding schools. This past year, more than 300 public, private, and parochial schools were served throughout the state by 11 higher education institutions.
More Information  

IMPROVING EMERGENCY RESPONSE | Back to Top
 

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. The Senate version of Act 10 of 2007 was introduced by Sen. Bob Regola (R-Westmoreland), and 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 Pennsylvania Emergency Management Agency to provide these grants. The five-year authorization would allow for funding on a steady basis.
More Information

Senate Approves Tax Credit for Volunteer Responders
The Senate approved legislation providing a $100 tax credit for active volunteer firefighters and EMS workers.
Senate Finance Committee Chairman Pat Browne (R-Lehigh) authored the amendment providing for the tax credit. The provision was included as part of Act 66 of 2007, the tax code bill passed as part of the Fiscal Year 2008-09 budget.
The measure also directs the Joint State Government Commission to conduct a comprehensive study to determine whether alternative forms of personal income tax forgiveness would be more beneficial to low-income Pennsylvanians.
More Information

Senate Acts to Boost Volunteer Fire, EMS Recruitment
The Senate approved legislation providing tax credits to Pennsylvania’s emergency first responders and their employers to help volunteer fire companies and emergency medical services companies recruit and retain members. 
The package of bills would provide nearly $23 million in tax credits and tuition reimbursements by Fiscal Year 2009-10 for fire and emergency medical services volunteers and employers. Initiatives include: 
Senate Bill 1316, sponsored by Senator Lisa Baker (R-Luzerne), providing 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 per year. 
Senate Bill 1315, sponsored by Sen. Mike Waugh (R-York), providing a tuition reimbursement credit of 50 percent of tuition for each course credit. The credit would be paid directly to the college or university.  
More Information

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.
More Information

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.
More Information

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.
Act 72 of 2008 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.
Act 93 of 2008 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 Senate 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 watchroom 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 | Back to Top
 

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 Acts to Ensure Home Energy Funds Are Properly Allocated
With fuel costs at record levels, the Senate approved legislation that would provide essential reforms to Pennsylvania’s Low-Income Home Energy Assistance, or LIHEAP program.
Senate Bill 352, sponsored by Sen. Bob Robbins (R-Mercer), would make needed changes to maximize the benefits for eligible low-income households and ensure that funding is allocated in a timely and expedited fashion.              
A 2007 Auditor General report found inadequate policies and procedures, insufficient supervision, and inadequate oversight resulted in fraud and abuse in six counties examined over a six-year period.
Senate Bill 352 provides for additional oversight and directs the Department of Public Welfare to take appropriate actions if it discovers any false, misleading or inaccurate statements by applicants, participating energy vendors or state employees.
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.

Act 87 of 2008 will 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.
Act 75 of 2007 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, 1109 underage individuals were sold alcohol.

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.
Act 76 of 2007, 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.

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 internet website and  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 | Back to Top
 

Senate Acts to Make "Do Not Call" Registration Permanent
The Senate approved legislation sponsored by Sen. Jake Corman (R-Centre) that would eliminate the need for Pennsylvania consumers to re-register in the "Do Not Call" registry every five years.
Senate Bill 1116 would keep a consumer's number in the registry until they ask to be removed.
In 2002, Pennsylvanians were first given the opportunity to avoid these calls by registering for the Do Not Call list. More than one million citizens registered in a single two-week period that year, and millions more have registered in recent years. The registry returns part of any fines collected to consumers who file complaints -- up to $100. So far, more than $80,000 has been distributed in that way.
More Information

Senate Moves to Improve Protection of Personal Information
Legislation that would require government agencies to report data breaches involving personal information within one week was approved unanimously by the Senate.
Senate Bill 1266 was drafted by Senate Majority Leader Dominic Pileggi (R-Delaware) with input from Attorney General Tom Corbett. Senator Pileggi introduced the measure after three thefts of state-owned computers containing personal information were reported in the second half of 2007. The stolen computers contained the personal information of nearly 400,000 individuals, but the public was not notified of those thefts until two to three weeks after the fact.
An existing law requires that the public be notified of such data breaches “without unreasonable delay.” Among other revisions, Senate Bill 1266 would specify a one-week notification period for any breaches involving state or local government.
More Information

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

Mortgage Reform Bills Receive Final Legislative Approval
Four bills introduced by Sen. Pat Browne (R-Lehigh) targeting predatory and other questionable mortgage lending practices in Pennsylvania were approved by the General Assembly.
Act 57 of 2008 would amend the Loan Interest and Protection Law of 1974 to increase the monetary cap in the Act from $50,000 to $217,873.
Act 58 of 2008 would permit the Department of Banking to publicly release information on pending enforcement actions and fines levied against non-depository licensees.
Act 59 of 2008 would amend the Real Estate Appraisers Certification Act regarding board membership, disciplinary measures and penalties.
Act 60 of 2008 would amend 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.
More Information

Committee Amends and Passes Update of Pa Dog Law
The Senate Agriculture and Rural Affairs Committee, chaired by Sen. Mike Brubaker (Lancaster), amended and passed legislation that would update the state Dog Law.
House Bill 2525  sets higher standards for commercial kennels in Pennsylvania.
Changes to the bill include allowing for slatted flooring instead of only a solid floor, providing for indoor exercise if an outdoor exercise area would be prohibited by the local government in which the kennel is located, and allowing for kennel owners who are certified to continue to give rabies vaccinations to their dogs.  Additionally, a Canine Health Board made up of veterinarians is established to set standards for ventilation and lighting, and may approve flooring options in addition to that provided for in law.
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.
Act 32 of 2007, 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. 

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.

Overhaul of CPA Certification Signed Into Law
Legislation sponsored by Sen. Jake Corman (R-Centre) that changes the certification process for certified public accountants (CPAs) passed the House and Senate and was signed into law.
Act 73 of 2008 brings Pennsylvania's CPA law into compliance with most other states as well as the federal Uniform Accountancy Act. The measure allows CPAs to practice in other states while also allowing CPAs from outside Pennsylvania to practice here without obtaining a new certification.
To match other state laws, the bill increases the minimum amount of training required to sit for the CPA exam, from 120 to 150 hours. CPAs currently licensed in Pennsylvania will be grandfathered into the new policy and will not need additional training to practice in other states.
More Information

IMPROVING HEALTH CARE | Back to Top
 

Senate Republicans Outline Plan to Improve Health Care Access, Affordability
Senate Republicans outlined a comprehensive health care package designed to improve health care access and affordability by building on approaches that are working and doing it in a fiscally responsible way.
HealthNET PA is a $100 million blueprint that expands access to health care and medicine to 507,000 uninsured and low-income working Pennsylvanians. It utilizes information technology to control costs and reduce health care-associated infections, and provides expanded insurance options for employers and families.
The 507,000 Pennsylvanians served by the $100 million plan is more than double the number projected to be covered after five years under Gov. Rendell's $1.4 billion health care proposal, and almost four times the number projected to be covered in the second year. 
More Information

Senate Acts to Help Uninsured Pennsylvanians
The Senate unanimously approved and sent to the House of Representatives two bills aimed at expanding options for Pennsylvanians without medical insurance coverage.
The measures are part of HealthNET PA, a 15-bill legislative package unveiled by Senate Republicans to improve health care access and affordability by building on approaches that are working and doing it in a fiscally responsible way.
Senate Bill 1422, sponsored by Senate Banking and Insurance Committee Chairman Don White (R-Indiana), creates a Mini-COBRA Small Employer Group Health Plan in Pennsylvania.  Senate Bill 1453, introduced by Sen. Jake Corman (R-Centre), offers parents the option to purchase insurance coverage for dependent individuals up to the age of 30. Nearly half of uninsured Pennsylvanians are age 18 to 34.
More Information

Key Piece of Senate GOP HealthNET PA Plan Approved By Committee
The Senate Public Health and Welfare Committee, chaired by Sen. Ted Erickson (R-Delaware), unanimously approved a major piece of the Senate GOP HealthNET PA package designed to improve and expand health care access and affordability in Pennsylvania.
The committee approved Senate Bill 5, sponsored by Senator Erickson, establishing the Community-Based Health Care Program which would provide grants for health care clinics across Pennsylvania. These clinics serve as comprehensive “medical homes” for low-income and uninsured individuals by providing primary health care services, including dental, behavioral health, and pharmacy services.  Clinics can also ease pressure on hospital emergency rooms.
More Information

Senate Approves Plan to Reduce Health Care-Associated Infections
Legislation sponsored by Sen. Ted Erickson (R-Delaware) to reduce the incidence of health care-associated infections was signed into law.
The Senate Public Health & Welfare Committee, chaired by Senator Erickson, approved Act 52 of 2007, 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.
More Information

Senate Approves Blues Oversight, Autism Coverage
The Senate approved legislation to require insurance companies to provide coverage for autism services and colorectal cancer screening and to provide state oversight of proposed mergers involving non-profit health insurance companies.
Act 62 of 2008 was amended by the Senate Banking and Insurance Committee, chaired by Sen. Don White (R-Indiana). It would ensure the state has regulatory authority over the proposed merger of Highmark and Independence Blue Cross, the two largest health care insurance companies in the commonwealth.
The bill also would require insurers to provide coverage of autism services and colorectal cancer screenings. The national advocacy group Autism Speaks said the Senate amendments, which were drafted after lengthy negotiations, represent what would be “the strongest autism insurance mandate yet achieved in the nation.”
More Information

Senate Acts to Protect Prescription Benefits
The Senate passed legislation that would prevent PACE and PACENET enrollees from losing prescription benefits due to cost of living adjustments.
Act 69 of 2008, sponsored by Sen. James Rhoades (R-Schuylkill), would allow any individual enrolled in PACE or PACENET to remain eligible for their program if they exceed the maximum income limit due solely to a Social Security cost of living adjustment (COLA).
Under Senate Bill 4, the exemption for PACENET would be retroactive to December 31, 2007, when a previous exemption expired. The exemption would begin for PACE recipients on December 31, 2008. The exemption would be in effect until December 31, 2010.
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.
Act 40 of 2007, 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.
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.
Act 51 of 2007 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.
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.
Act 46 of 2007 increases the number of physician assistants that may be supervised by a physician from two to four.
Act 47 of 2007 does the same as House Bill 1251 for osteopathic facilities.
Act 48 of 2007 allows certified nurse practitioners to order certain equipment and care, make referrals for certain types of therapy and dietitian referrals, and other functions.
Act 49 of 2007 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.
Act 50 of 2007authorizes nurse-midwives to prescribe, dispense, order and administer specific drugs.
Also:
Act 102 of 2008 prohibits mandatory overtime for nurses, a change which advocates believe will improve patient safety.

Senate Acts to Stabilize Mental Health/Mental Retardation Funding
Legislation sponsored by Senate Public Health and Welfare Committee Chairman Ted Erickson (R-Delaware) to establish consistent support for community mental health and mental retardation services was approved by the Senate.
Senate Bill 1373, the Mental Health and Mental Retardation Maintenance of Community Services Act, will establish a funding mechanism that consistently supports community-based services for individuals with mental retardation or mental illness receiving services in Pennsylvania.  
More Information

Senate Establishes Licensing Standards for Assisted Living Facilities
Assisted living facilities will be licensed under legislation the Senate sent to the governor.
Act 56 of 2007, 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.
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 Act 14 of 2008, 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.
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

Clean Indoor Air Act Passes Senate
The Senate approved the Clean Indoor Air Act, legislation that prohibits smoking in most public places and workplaces.
Sponsored by Sen. Stewart Greenleaf (R-Montgomery), Act 27 of 2008 includes several exemptions, including bars and taverns with food sales totaling 20 percent or less, private clubs, cigar bars and adult care facilities.
More Information

Senate Acts to Expand Newborn Screening Program
The Senate approved legislation that will expand Pennsylvania’s Newborn Screening and Follow-up Program to include 28 "core" genetic conditions that are serious but treatable if caught early.
Sen. Jane Orie (R-Allegheny) sponsored a Senate version of House Bill 883 (Act 36 of 2008). The measure is crucial to saving lives and helping children who are born with life-threatening genetic conditions and their families.
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. Gib Armstrong (R-Lancaster), 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 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

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.

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 Act 16 of 2007 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.
More Information  

TRANSPORTATION AND INFRASTRUCTURE | Back to Top
 

H2O PA Infrastructure Plan Passes Senate Unanimously
The Senate unanimously approved a plan to provide $800 million in funding for critical water and sewer projects and other infrastructure needs. 
Act 63 of 2008, the H2O PA plan, introduced by Sen. Jane Earll (R-Erie), Senate Majority Leader Dominic Pileggi (R-Delaware) and Sen. Mike Folmer (R-Lebanon), would also provide funding for storm water projects, flood control projects, and high-hazard dam repairs. 
As amended in the Senate Appropriations Committee, the H2O PA bond issue would total $800 million. Funding will be available for projects throughout Pennsylvania, with priority given to projects which are subject to a court order, agency order, or consent decree. Priority will also be given to projects involving consolidation and other regional projects. The bond would be paid with revenue from the Pennsylvania Gaming Economic Development and Tourism Fund. 
More Information
Also:
Act 64 of 2008 asks voters to approve an additional $400 million for water and sewer improvements.

Senate Votes to Allow Public-Private Partnerships for Transportation
Legislation that would enable Pennsylvania to use alternative mechanisms to fund transportation projects was approved by the Senate.
Senate Bill 1158, sponsored by Senate Transportation Committee Chairman Roger Madigan (R-Bradford), would allow the Commonwealth and regional transportation authorities to enter into agreements with the private sector to design, construct, manage or maintain new or expanded transportation options through Public Private Partnerships (P3s).
The proposal is focused on creating new capacity and specifically restricts the leasing of the Pennsylvania Turnpike from consideration unless authorized by a separate act of the General Assembly.
More Information  

REDUCING GOVERNMENT REGULATION | Back to Top
 

Senate Sends Construction Code Reform Bill to Governor
The Senate approved Senate Bill 437, a bill to reform the Pennsylvania's Uniform Construction Code, and sent it on to the governor to be signed into law.
Act 9 of 2007, 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.
More Information

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's 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.
More Information

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.
More Information

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.
Act 52 of 2008 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.
More Information

Senate Approves Bills Addressing ADA Concerns
The Senate approved a package of bills introduced by Sen. Bob Robbins (R-Mercer) to bring municipal law provisions governing pre-hiring examinations of emergency responders in cities, towns, townships, and boroughs into compliance with the federal Americans with Disabilities Act.
The ADA clearly prohibits requiring a medical examination of all applicants before an offer of employment. However, the ADA does allow medical examinations and inquiries with certain conditions. The measures ensure that local governments can screen candidates for essential public safety jobs in ways that are in compliance with federal and state anti-discrimination laws.
Senate Bills 1363 thru 1368 deal with ADA Compliance: SB 1363 (Paid Firemen Civil Service Employee Law); SB 1364 (Local Police Officers Civil Service Employee Law); SB 1365 (Borough Code); SB 1366 (1st Class Township Code); SB 1367 (3rd Class City Code); and, SB 1368 (Firemen, Civil Service in 3rd Class Cities Law).
More Information

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.
Act 39 of 2007, 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.

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 (R-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.
More Information

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.
More Information

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.
Act 41 of 2007 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.

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.
More Information

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 Tom Corbett.
More Information

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.
More Information

Senate Approves Sen. Piccola’s Bill Closing Wiretap Law Loophole
The Senate approved legislation aimed at closing a loophole in Pennsylvania's Wiretap Law which allowed criminal defense lawyers to obtain the cell phone records of the Dauphin County District Attorney and other officials without their knowledge or the knowledge of the presiding judge.
Senate Bill 1555, sponsored by Sen. Jeffrey Piccola (R-Dauphin), would amend the Wiretap Act to prohibit telephone companies from providing a customer's calling records to anyone without a subpoena, court order, or a customer's permission.  An attorney in a civil matter must give notice to opposing counsel in advance to give them a chance to contest the release of the information.  However, in criminal matters, lawyers do not have to inform the judge or the person whose records they are seeking. 
More Information   
Also:
Act 111 of 2008 extends Pennsylvania's Wiretap Law for five years and closes loopholes in the law.
House Bill 1845 establishes a 20-year minimum sentence for shooting at a police officer, and increases penalties for various gun-related crimes.

SUPPORTING FARMERS | Back to Top
 

Helping Farmers Protect the Environment 
The Senate approved legislation to provide tax credits to those who invest in proven conservation practices.
Act 55 of 2007 included language sponsored by Sen. Mike Waugh (R-York).  The Pennsylvania Resource Enhancement and Protection (REAP) Tax Credit Program provides 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 provides 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. 

ASSISTING MILITARY VETERANS | Back to Top
 

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.
Act 66 of 2007, 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 coordinate the program and work to enhance the availability of veterans' assistance throughout the state. Pennsylvania ranks fourth in the nation for the number of armed service members serving on active duty with at least one in four of today's soldiers returning from combat seeking federal Veterans Administration compensation for service-connected injuries or illnesses.
More Information

Senate Passes "Helmets To Hardhats" Bill For Military Veterans
Legislation to make it easier for men and women of the armed forces to be certified as commercial drivers in civilian life was approved by the state Senate.
Senate Bill 262 was authored by Sen. John Gordner (R-Columbia), who worked with the departments of Transportation and Labor and Industry on the legislation. The bill is a component of a program known as "Helmets to Hardhats."
Many individuals serving in the military have years of experience driving vehicles similar to those that require a commercial driver's license in Pennsylvania and other states. The legislation permits those who have the requisite military driving experience to apply for a waiver of commercial licensing requirements with the Department of Transportation, provided that they have at least two years of experience operating vehicles similar to those that require a commercial license in Pennsylvania. 
More Information

Senate Passes Bill Promoting Veteran-Owned Businesses
The Senate approved legislation that would encourage state agencies to contract with veteran-owned businesses.
Senate Bill 87, sponsored by Sen. Tommy Tomlinson (R-Bucks), would require the Department of General Services to head the effort, and would set an annual contracting goal of not less than 5 percent for businesses owned by veterans.
The legislation is an outgrowth of a successful program, VETWORK YOUR BUSINESS, which was launched in 2005 in Philadelphia. It provides veteran-owned businesses with the training and contacts necessary to access large private sector companies for contract opportunities.
More Information

Senate Approves Prescription Drug Help for Veterans in Long-Term Care
Efforts by Sen. Gib Armstrong (R-Lancaster) to enable veterans residing in long-term care facilities to receive prescription drugs at a lower cost was approved by the Senate.
Senate Bill 778 seeks to restructure the system so that the veterans in long-term care facilities are no longer denied the low-cost medications that veterans elsewhere receive. The revamped system would have the facility pharmacy – whether in-house or through an outside contract – receive bulk prescription drugs in the patient's name directly from the Veteran Benefits Administration, and then repackage the drugs so they can be dispensed in unit doses. This keeps down the cost to the patient.
Sen. Armstrong's bill seeks to accomplish two things: clear away regulations that prevent the necessary cooperation between the federal and state levels of government and the private providers, and build in protection against errors in the process. 

Bill to Prohibit Using Names, Images Of Fallen Soldiers for Profit Approved By Senate
Legislation sponsored by Sen. Jane Orie (R-Allegheny) to protect the rights of families of soldiers who have died in Iraq by prohibiting the use of the name or likeness of a fallen soldier for commercial profit was approved by the Senate.
Sen. Orie said the issue first came to light when an Oklahoma family discovered various materials being marketed on eBay bearing the image of their son who died in combat in Iraq. A Flagstaff, Arizona, company that sells anti-war and anti-Bush bumper stickers via the Internet was distributing the T-shirts, which included the names and images of fallen soldiers, along with a superimposed political message.
Senate Bill 1125 would make it a misdemeanor to publish for commercial purposes a fallen soldier's name or image without the family's consent, and would preserve the family's right to file a civil suit to protect their privacy and attach any proceeds.
More Information

Senate Acts to Protect Child Custody Rights of Deployed Servicemen
The Senate approved legislation sponsored by Sen. Mike Folmer (R-Lebanon) aimed at protecting the child custody rights of deployed military servicemen.
Under Act 127 of 2008, if a motion for change of custody of a child of a serviceman is filed with any court while the serviceman is deployed for active duty, no court may enter an order modifying or amending any previous judgment or order, or issue a new order changing the custody arrangement for that child that existed as of the date of the serviceman’s deployment.
The failure of a serviceman to appear in court because of deployment could not be sufficient to justify a modification of a custody or visitation order.
More Information

Senate Acts to Allow Military Family Cyber School Enrollment
Legislation sponsored by Sen. John Pippy (R-Allegheny) to allow children of military personnel to enroll in a Pennsylvania cyber charter school was approved by the Senate.
Students of cyber charter schools complete coursework online using home computers, and 20,000 students are enrolled in cyber charter schools throughout Pennsylvania. Under current law, however, if a military family is stationed in another state and owns a residence in Pennsylvania, their child is not eligible to attend a Pennsylvania cyber charter school.
Senate Bill 1281 designates that if a child's parents own a residence in the school district, that child will be considered a resident of the district.
More Information

Tax Relief for Service Members Moves Forward
The Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh), recently approved measures to provide tax relief to Pennsylvanians serving in the military and to employers who hire "citizen-soldiers."
Senate Bill 143, sponsored by Sen. James Rhoades (R-Schuylkill), would exempt military personnel on active duty outside this Commonwealth from occupational assessment, per capita, and other similar taxes. Senate Bill 330, sponsored by Sen. Bob Robbins (R-Mercer), would amend the Tax Reform Code of 1971 to provide a tax credit for employers of members of a reserve component of the Armed Forces.
Other measures approved by the committee would relieve certain members of the Armed Forces from several local tax filing deadlines, and provide an extension of exemption from payment of real estate taxes to the surviving spouse of a veteran who was killed or missing in action.

Senate Votes to Add Officers Group to State Veterans Commission
The Senate approved legislation to add a representative of an organization representing thousands of Pennsylvania veterans to the State Veterans Commission.
Senate Bill 1033, sponsored by Sen. Bob Regola (R-Westmoreland), would add the Military Officers Association of America (MOAA) to the commission, which is comprised of major veterans organizations and provides advice to the state Adjutant General on issues important to veterans.
Organized in 1929, MOAA represents members of the uniformed services (officer and enlisted) active duty, former and retired, National Guard and Reserve -- and their families and survivors. There are more than 9,000 current members of MOAA in the 16 chapters spread throughout the Commonwealth.
More Information

Bill Providing Honor Guards at National Cemetery Becomes Law
Legislation to provide honor guards for burials at the National Cemetery of the Alleghenies and expand health coverage for returning soldiers received final approval and was signed into law.
Under Act 85 of 2008 (Senate Bill 180), sponsored by Sen. John Pippy (R-Allegheny), the state Department of Military and Veterans Affairs will contract with veterans service organizations to perform honor guard duties at the site. The 260-acre National Cemetery of the Alleghenies opened in 2005 in Cecil, Washington County.
The Senate concurred in a House amendment to add eye and dental health plans to those covered under a current law that allows soldiers returning from military deployment to remain on their parents’ health insurance plans while enrolling in college.
More Information

ENVIRONMENT AND ENERGY | Back to Top
 

Senate Passes $650 Million Alternative Energy Investment Act
The Senate passed with bipartisan support the $650 million Alternative Energy Investment Act, a measure sponsored by Sen. Mary Jo White (R-Venango) and Sen. Tommy Tomlinson (R-Bucks) to boost renewable energy development and reduce energy consumption without imposing new taxes.
Special Session Act 1 of 2008 supports research and development of alternative energy technologies, helps municipalities and businesses implement clean-energy projects, and provides assistance to consumers to cover up to 25 percent of the cost to install energy-saving equipment.
It also boosts funding of the Low-Income Home Energy Assistance Program (LIHEAP) by $100 million and provides rebates for the purchase of hybrid vehicles. The measure invests a total of $650 million over 10 years, funded by anticipated growth in the state gross receipts tax, and includes no new taxes.
More Information

Senate Approves Hazardous Sites Cleanup Funding
Legislation that would ensure funding of state hazardous sites cleanup efforts was approved by the Senate.
Act 77 of 2007, sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware) and Senate Environmental Resources and Energy Committee Chair Mary Jo White (R-Venango), would fund the Hazardous Sites Cleanup Act through 2010-11 without raising taxes.
Funding for HSCA, which finances cleanups at contaminated sites and the investigation of illegal hazardous waste disposals, was not included in the final state budget adopted by the General Assembly in July. The Department of Environmental Protection has indicated that the HSCA program will be shut down if a funding solution is not found.
The measure provides $17 million for HSCA through the 2007-08 fiscal year. It earmarks $40 million out of the state Capital Stock and Franchise Tax for the following three fiscal years. The bill does not affect the Senate GOP commitment to phase out this tax by the end of 2010.
More Information

Alternative Fuels Bill Signed Into Law
Legislation sponsored by Sen. Tommy Tomlinson (R-Bucks) to encourage the use of energy-efficient alternative fuels was signed into law.
Special Session Act 2 of 2008 will improve and expand the state Alternative Fuels Incentive Fund, which is aimed at reducing air pollution and providing the Commonwealth with the independence to manufacture its own fuel sources.
The law authorizes an additional 75 cents per gallon subsidy for biodiesel producers who produce more than 25,000 gallons per month, up to a total of $5.3 million annually. Individual producers could receive no more than $1.9 million. The law will also increase the reimbursement to producers of alternative fuels from 5 cents to 10 cents per gallon up to 12.5 million gallons annually. Alternative fuels emit no particulate matter, less carbon monoxide, and fewer pollutants that contribute to smog than conventional gasoline and diesel fuel.
More Information

Senate Passes Measure to Update Alternative Energy Portfolio Standards
The Senate approved legislation that updates Pennsylvania's alternative energy law to include biomass and low-impact hydropower energy resources.
Special Session Senate Bill 25, sponsored by Sen. Mike Waugh (R-York), was among eight energy bills recently passed by the Senate Special Session Committee on Energy Policies, chaired by Sen. Mary Jo White (R-Venango).
The measure corrects the exclusion of resources which were intended to be included with the passage of the Alternative Energy Portfolio Standards Act of 2004. The resources were inadvertently omitted or nullified by subsequent Department of Environmental Protection and Public Utility Commission legal interpretations which failed to reflect the legislative intent of the law.
Special Session Senate Bill 25 incorporates provisions found in Special Session Senate Bill 31, sponsored by Sen. Don White (R-Indiana).  The bill also limits the resources clarified as part of Tier 1 sources to only those generated in Pennsylvania. This provision is very similar to the underlying provision of the entire AEPS law, which limits eligible resources within a defined geographic area and is similar to limitations found in other states with renewable portfolio standards.

Senate Acts to Increase Use of Biodiesel and Study Impact on Air Quality
Legislation that would increase the in-state production of biodiesel and study its impact on air quality was approved by the Senate.
Special Session Senate Bill 36, the Biodiesel Study and Production Incentive Act, sets gradually increasing biodiesel content requirements for all diesel fuel sold in Pennsylvania. The requirements take effect when in-state biodiesel production, offered for sale within the Commonwealth, reaches certain levels set by the bill. Biodiesel is derived from sources such as vegetable oils and can be used in vehicles that use diesel refined from petroleum.
Special Session Senate Bill 36, sponsored by Senate Environmental Resources and Energy Chair Mary Jo White (R-Venango), also requires the state Department of Environmental Protection to contract with an independent third party to conduct a study of air quality prior to the requirements taking effect. Studies will then measure the impact of the legislation on Pennsylvania's ability to meet National Ambient Air Quality Standards.

Committee Approves Biofuel Measure
The Senate Agriculture and Rural Affairs Committee, chaired by Sen. Mike Brubaker (R-Lancaster), approved three pieces of legislation addressing biofuels production.
Senate Bill 1317, sponsored by Sen. Mike Waugh (R-York), would establish the Farms to Fuels Initiatives Act to encourage agricultural operations to plant and harvest bioenergy crops, perennial trees or plants that can be grown to provide raw renewable biomass energy or biofuels.
More Information

Senate Approves "PA Climate Change Act"
The state Senate approved the Pennsylvania Climate Change Act, sponsored by Sen. Ted Erickson (R-Delaware).
Act 70 of 2008 would create a stakeholders group to advise the state on climate change issues and identify green economic opportunities in Pennsylvania.
Under Senator Erickson's bill, the advisory committee will be made up of members appointed by the governor and the General Assembly. The committee will issue a report on scientific predictions regarding changes in temperature and precipitation that could result from climate change, as well as the potential impact of climate change on health, the economy, wildlife, agriculture and tourism. 
The bill requires that the predictions reflect the diversity of views within the scientific community.
The measure also requires the state Department of Environmental Protection to annually create an inventory of greenhouse gases in Pennsylvania. Within 15 months of the bill becoming law, DEP and the advisory committee will submit a climate change action plan that identifies greenhouse emission trends and evaluates cost-effective strategies for reducing or offsetting emissions.
More Information

Senate Approves Comprehensive Mine Safety Bill
The state Senate approved a sweeping mine safety bill that will provide for the first rewrite of Pennsylvania's mining laws in nearly half a century.
Act 55 of 2008, co-sponsored by Senate Environmental Resources and Energy Committee Chair Mary Jo White (R-Venango), would create a new Board of Coal Mine Safety to keep Pennsylvania's mine safety standards regularly updated.
The legislation also provides for greater legal responsibility for operators to ensure mine safety, and enables the state to establish a central database of mine maps. It also addresses responses to accidents, requiring mine operators to notify DEP within 15 minutes of an accident, and updates ventilation and roof support requirements.
More Information

Senate Passes Bill to Aid in Cleanup of Waste Tire Piles
The Senate approved legislation to aid municipalities in cleaning up waste tire piles that are a danger to the environment and public safety.
Senate Bill 1050, sponsored by Sen. Lisa Baker (R-Luzerne), would reauthorize an annual transfer of $3 million from the state's Recycling Fund to the Used Tire Pile Remediation Restricted Account. The bill does not divert funds from county recycling programs.
Funding for tire cleanups expired in 2001 despite there being at least 39 piles throughout the Commonwealth with at least 10,000 tires each, some with hundreds of thousands.
More Information

Senate Passes Legislation to Reform State Conservation Districts
The Senate passed legislation introduced by Sen. Rob Wonderling (R-Montgomery) to reform the Commonwealth’s 66 conservation districts. 
Act 75 of 2008 proposes to streamline and increase operating funds for the conservation districts, better coordinate efforts between districts, provide uniform staff capabilities, and establish fair review fees. 
The bill also requires the General Assembly to provide one appropriation directly to the State Conservation Commission at a level sufficient to meet the 50 percent funding goal for certain district positions. It allows districts to receive advanced funding for certain programs and not be required to lapse unused funds. It recommends districts apply for DCED land use assistance grants, and requests that the Commission consider alternative funds, including possible fees to support the Nutrient Management Program. The measure also requires that the Pennsylvania Department of Environmental Protection develop a training program to certify inspection personnel and improve standardization of enforcement activities.
More Information

Senate Votes To Virtually Eliminate Phosphate in Detergents
Legislation to virtually eliminate the amount of phosphate in automatic dishwashing detergents was approved by the Senate.
Act 15 of 2008, sponsored by Sen. Mike Brubaker (R-Lancaster), would amend the Phosphate Detergent Act to require household dishwashing cleaning agents to contain no phosphorous. Phosphorus is destructive to fish and plant life when it makes its way into rivers and other bodies of water. Under current law, household dishwashing cleaning agents can contain up to 8.7 percent phosphorus. Exceptions are made for commercial and institutional dishwashing machines.

Senate Approved Legislation to Limit Truck Pollution, Noise
The Senate approved legislation to reduce the noise and noxious exhaust fumes of idling tractor trailers.
Act 124 of 2008, sponsored by Sen. Pat Browne (R-Lehigh), bars commercial diesel vehicles from idling for more than five minutes during any 60-minute period.
Violators could face fines ranging from $50 to $150. The measure includes a list of exceptions to allow truckers to do their jobs.
More Information

Senate Approves Coal Bed Methane Well Dispute Act
The Senate approved legislation to establish a special review board to arbitrate coal bed methane well disputes.
Currently, disputes between surface land owners and the holders of mineral rights for those properties are often resolved in county courts of common pleas.
Senate Bill 1330, sponsored by Sen. Don White (R-Indiana), calls for the creation of a three-member Coal Bed Methane Review Board to consider objections and attempt to reach an agreement on issues such as the location of coal bed methane wells and/or access roads.
More Information

General Assembly Coal Conference Begins Work
Realizing the need to shift focus back to Pennsylvania's most abundant natural resource, Sen. James Rhoades (R-Schuylkill) joined Senate and House members in the formation of a General Assembly Coal Conference, a bipartisan committee emphasizing the continued importance of coal and coal-driven technologies in the Commonwealth.
In conjunction with the Pennsylvania Coal Association, the Pennsylvania Anthracite Council and the United Mine Workers of America, the newly formed Coal Conference will serve as a forum through which legislators and industry representatives can collaborate on the needs of the coal industry, focus on the utilization and consumption of coal to significantly reduce consumer demands on foreign fuels and highlight new coal technologies within the industry.
More Information

HUNTING AND RECREATION | Back to Top
 

Senate Votes to Protect Landowners from Liability
The Senate approved legislation to protect landowners that allow hunting and other recreational activities on their property.
Act 11 of 2007 was approved in June by the Senate Game and Fisheries Committee, chaired by Sen. Chuck McIlhinney (R-Bucks). The measure would shield property owners from civil liability for injuries caused by other hunters and recreational users. Individuals who are injured by recreational users or hunters would still be able to seek damages from the individual who caused the injury.
The legislation was introduced in response to a 2006 case in which a Lehigh County landowner was found partially liable for an injury resulting from the actions of a hunter on his property. The case was a deterrent for landowners to allow hunting and recreational activities. 

REDUCING ILLEGAL IMMIGRATION | Back to Top
 

Senate Votes to Deny Public Benefits to Illegal Aliens
Illegal aliens who live in Pennsylvania will no longer be eligible for public benefits, including Medicaid, welfare and in-state college tuition, under legislation sponsored by Senate President Pro Tempore Joe Scarnati that was approved by the Senate. Senate Bill 9 passed the Senate with a bi-partisan vote of 39 to 10.
Sen. Scarnati’s bill would require anyone requesting public benefits in the Commonwealth to provide identification proving they are legal residents. Under current federal law, illegal aliens are prohibited from receiving federal, state or local public benefits with the exception of emergency medical care, necessary immunizations and disaster relief. However, Pennsylvania law is too lenient in enforcing those provisions.
The Federation for Immigration Reform (FAIR) estimates the current local annual costs of illegal immigration from just three program areas amount to about $36 billion nationwide. In Pennsylvania, the current estimated cost is $285 million. That cost is expected to grow to $812 million by the year 2020.
More Information