Monday, March 15, 2004 

Senate Resolution 214 (D. White) recognizes 125 years of service by the 28^th Infantry Division, referred to as the Keystone Division, during the year 2004.  Adopted by Voice Vote. 

Senate Resolution 216 (Thompson) designates the month of March 2004 as "Nutrition Month" in Pennsylvania.  Adopted by Voice Vote. 

House Bill 1235 (Marsico) would amend the First Class Township Code to allow a first class township board of commissioners to provide, by ordinance, for either a three-member or a five-member shade tree commission.  Under current statutory provisions, shade tree commissions may only be composed of three members.  Whenever a five-member shade tree commission is established, the township board of commissioners would be required to appoint members to staggered terms so that one term expires every year.  Passed:  50-0. 

House Bill 1236 (Marsico) would amend the Second Class Township Code to allow a second class township board of supervisors to provide, by ordinance, for either a three-member or a five-member shade tree commission.  Under current statutory provisions, shade tree commissions may only be composed of three members.  Whenever a five-member shade tree commission is established, the township board of supervisors would be required to appoint members to staggered terms so that one term expires every year.  Passed:  50-0. 

Tuesday, March 16, 2004 

Senate Resolution 215 (Brightbill) adopts a temporary rule of the Senate to require any amendment offered on the floor of the Senate to the 2004-05 Budget, which proposes increased spending to contain sufficient line-item reductions so that the amendment does not result in a net increase in total spending.  Adopted:  50-0. 

Senate Resolution 217 (Dent) designates March 2004 as "Arts in Education Month" and March 16, 2004 as "Arts in Education Day" in Pennsylvania.  Adopted by Voice Vote. 

House Bill 100 (Schroder) would create the Pennsylvania Trauma Systems Stabilization Act.  The measure would require the Pennsylvania Trauma Systems Foundation to accredit Level III trauma centers in accordance with established standards, which must be based on the current guidelines for trauma centers as defined by the American College of Surgeons for Level III Trauma Centers.  The accreditation process would be conducted in accordance with Act 45 of 1985, the Emergency Medical Services Act.  In addition to the standards established for Level III accreditation, a hospital would have to meet all of the following criteria to qualify for Level III accreditation:  provide comprehensive emergency services; total at least 4,000 inpatient admissions from its emergency department annually; be located in a county with no Level I or Level II trauma center; and, be located more than 25 miles travel distance from a Level I or Level II trauma center.  A Level III trauma center accredited under this act would not be considered an accredited trauma center for purposes of any other act. 

Within 30 days of the effective date of the act, and annually thereafter, the Foundation would have to submit to the Department of Public Welfare (DPW) its list of accredited Level I and Level II trauma centers.  Within 15 days of the accreditation of a Level III center, the Foundation would be required to report that information to DPW.  Beginning in Fiscal Year 2003-2004 and each year thereafter, DPW would distribute appropriated funds made available for the purpose of improving access to readily available and coordinated trauma care for the citizens of the Commonwealth.  Ninety percent of the funds would be distributed to Level I and Level II trauma centers, with ten percent earmarked for Level III trauma centers.  The method for distributing the funds to the individual hospitals is outlined in the bill.  A hospital that receives funds pursuant to the act would be required to notify DPW, the Foundation, and the Department of Health of its intent to cease operation no later than 60 days prior to the closure of the facility. 

On March 1, 2005, and annually thereafter, DPW would have to report to the General Assembly on the trauma centers funded under the act.  No later than five years after the effective date of the act, the Foundation would be required to reassess the impact of Level III trauma centers on patient outcomes and on the trauma system as a whole.  Passed:  50-0. 

House Bill 349 (Nickol) would amend the Urban Redevelopment Law to permit a borough with a population of 10,000 or more to establish an urban redevelopment authority.  Passed:  50-0. 

Executive Session 

Bradley K. Moss – Judge, Philadelphia Municipal Court.  Confirmed:  50-0. 

Michael E. Noyes, Ph.D. – Children's Trust Fund Board.  Confirmed:  50-0. 

Basil L. Merenda – Commissioner of Professional and Occupational Affairs.  Confirmed:  50-0. 

Wednesday, March 17, 2004 

Senate Bill 922 (Tartaglione) would amend Title 35 (Health and Safety) to make a number of changes.  The bill would add a definition of "custodial child care facility" to include a child day care center as defined under Section 1001 of Public Welfare Code or nursery school licensed or regulated by the Commonwealth.  The measure would require every school district and custodial child care facility to develop and implement a comprehensive disaster response and emergency preparedness plan consistent with the guidelines developed by the Pennsylvania Emergency Management Agency and other pertinent state requirements.  The plan would have to be reviewed annually and modified as necessary.  A copy of the plan would have to be provided to the county emergency management agency.  Schools and custodial child care facilities would also be required to conduct at least one disaster response and emergency preparedness drill annually.  The Pennsylvania Emergency Management Agency would be required to provide assistance to schools and custodial child care facilities in designing emergency management plans and training programs.  Passed:  50-0.

Senate Bill 979 (Greenleaf) would the Judicial Code to incorporate the Pennsylvania Uniform Child Witness Testimony by Alternative Methods Act.  The provisions of the bill would implement the recently adopted constitutional amendments enabling a child victim or material witness, under certain conditions, to give testimony in criminal proceedings by an alternative method, including videotaped deposition or closed circuit television. 

Upon a motion of a party, a child victim or material witness, or another individual who has sufficient standing, a judge could order a hearing to determine if the child needs to testify by an alternative method.  All parties would be given reasonable notice of the hearing, which would be conducted on the record.  If the presence of the child is ordered at the hearing, it would be held in camera.  The court could only order the presentation of testimony by a child victim or material witness by an alternative method if it finds that testifying that in an open forum or in a face-to-face confrontation with the defendant would cause the child to suffer serious emotional distress that would substantially impair the child's ability to communicate with the finder of fact.  The bill outlines the factors for determining the method of alternative testimony.  The alternative method ordered could not be more restrictive of the rights of the parties than is necessary to serve the purposes of the order and must permit a full and fair opportunity for examination and cross-examination of the child victim or material witness.  Passed:  50-0.

House Bill 1423 (True) would amend the Pennsylvania Adoption Act to revise or establish various time limitations to facilitate the adoption process.  Under the provisions of the bill, a parent or parents would be permitted to petition a court for permission to relinquish their parental rights three days after they have left a child in the exclusive care of an adult or adults who have filed a report of intention to adopt the child.  (Under current law, the required time period is 30 days.)  A birth mother would be able to revoke her consent to an adoption within 30 days of executing the consent.  Similarly, the father would have 30 days after the birth or 30 days after the execution of the consent, whichever comes later, to revoke his consent.  A person who has executed a consent to an adoption could challenge its validity after the 30 day revocation period has expired only if he or she can prove consent was given under fraud or duress.  The challenge would have to be made within the earlier of either 60 days after the birth or execution of the consent, whichever occurs later; or, 30 days after the entry of the adoption decree.  The standard of proof for fraud or duress would be a preponderance of the evidence in the case of those 21 years of age or younger, or by clear and convincing evidence in all other cases. 

Passed:  47-3.