WEEKLY SESSION NOTES

Senate Republican Policy Committee

Sen. Joe Scarnati, Chairman

Monday, April 24, 2006

Senate Resolution 273 (Robbins) designates the month of May 2006 as “Community Action Month” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 283 (Tartaglione) honors Pennsylvania’s senior citizens by declaring the month of May 2006 as “Older Americans Month” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 284 (Robbins) designates the week of May 14 through 20, 2006 as “Emergency Medical Services Week” and May 14, 2006 as “Military EMS Personnel Day” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 285 (Punt) designates the week of April 24 through 30, 2006 as “Medical Laboratory Week” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 286 (Ferlo) designates the week of October 30 through November 5, 2006 as “Historic Preservation Week” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 287 (Earll) recognizes the week of April 30 through May 6, 2006 as “National Charter Schools Week” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 288 (Fontana) recognizes the week of April 23 through 29, 2006 as “National Volunteer Week” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 289 (Rafferty) recognizes the week of May 14 through 20, 2006 as “National Police Week” and May 1, 2006 as “Police Officers’ Memorial Day” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 290 (Mellow) designates the month of May 2006 as “Mental Health Awareness Month” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 291 (Rhoades) designates the month of May 2006 as “Watershed Awareness Month” in Pennsylvania. Adopted by Voice Vote.

House Bill 121 (Roebuck) would amend the Vehicle Code to make a number of changes. The bill would:

Clarify that, for the purposes of restoring a suspended license, being current on a payment plan would be considered as part of a successfully completed program;
Prohibit passing a streetcar proceeding in the same direction at any time on the left side when overtaking or passing requires driving in a lane normally used by traffic moving in the opposite direction;
Prohibit passing a streetcar when it is discharging passengers until the doors of the streetcar have closed and the passengers have reached the side of the roadway;
Provide that when snow or ice dislodges or falls from a moving vehicle and strikes another vehicle or pedestrian causing death or serious bodily injury the operator of the vehicle would be subject to fine of not less than $200 nor more than $1,000 for each offense; and,
Permit approved service providers of Department-certified manufacturers of ignition interlock systems to provide mobile installation of ignition interlock systems. Passed: 42-7.

Tuesday, April 25, 2006

Senate Bill 214 (Greenleaf) would amend the Judicial Code to establish a fee of $35 to be imposed when a municipal police officer executes a warrant or effectuates the payment of fines and costs by attempting to execute a warrant. The fee would be imposed on the defendant and would be collected in the same manner as court costs. The fee would be remitted to the municipality which provided the service or to the Commonwealth if no municipal police department exists for the municipality. For purposes of these provisions, the term “municipal police officer” would include the Pennsylvania State Police where no municipal police department exists. Passed: 49-0.

Senate Bill 713 (Wonderling) would create the Telephone Subscriber Directory Express Consent Act to prohibit commercial mobile service providers from publishing or providing the name and telephone number of a mobile service customer without his or her consent. The provider would have to disclose that by consenting, the subscriber agrees to have his or her number sold or licensed as part of a list of customers and that the information may be included in a publicly available directory. A provider could not charge a customer for choosing not to be listed in the directory. A subscriber could revoke the consent at any time. The provider would have to comply with the revocation within 60 days. The bill would not apply to the provision of telephone numbers to certain entities, such as law enforcement agencies and public health agencies. A violation of the act would be deemed to be an unfair or deceptive act or practice in violation of the Unfair Trade Practices and Consumer Protection Law. The Office of Attorney General would have exclusive authority to bring an action under the Unfair Trade Practices and Consumer Protection Law for a violation of this act. Concurrence in House Amendments: 49-0.

Senate Bill 881 (Piccola) would amend Title 26 (Eminent Domain) to add Chapter 2, the Property Rights Protection Act. The bill would prohibit the taking of private property through the use of eminent domain for private enterprise. The bill provides for certain exceptions under the prohibition including, among others, if the condemnee consents to the use of the property or if the property meets the definition of “blight.” Multiple properties could only be declared blighted if a majority of the geographic area is blighted. An additional change would extend the period that an area can be designated blighted without being reevaluated from 10 years to 20 years. The measure would also prohibit a political subdivision from exercising eminent domain in another political subdivision without the consent of the political subdivision where the land is located. Concurrence in House Amendments: 49-0.

Senate Bill 1069 (Greenleaf) would create the Innocence Commission Act. The bill would establish the Innocence Commission of Pennsylvania to study the underlying causes of wrongful convictions to make recommendations intended to eliminate the possibility of wrongful convictions in the future. The commission would be composed of approximately 30 members recommended by the Governor, the Chief Justice of the Pennsylvania Supreme Court, and the members of the General Assembly. Based on these recommendations, the Joint State Government Commission would invite members to participate on the commission. Invitations to participate would have to be based on the need for the commission to be diversely representative of the criminal justice system and geographically representative of Pennsylvania. The Joint State Government Commission would provide staff services to the commission. The findings and recommendations of the commission would not be binding in any subsequent civil or criminal proceeding. The provisions of the act would expire in five years unless extended by the General Assembly. Passed: 49-0.

Senate Resolution 282 (Washington) designates the month of May 2006 as “Foster Care Month” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 292 (C. Williams) designates April 27, 2006 as “Take Our Daughters and Sons to Work Day” in Pennsylvania. Adopted by Voice Vote.

Senate Resolution 293 (Pippy) designates the month of April 2006 as “Good Chemistry Month” in Pennsylvania and recognizes the business of chemistry for its dynamism and innovation. Adopted by Voice Vote.

Senate Resolution 294 (Orie) designates April 25, 2006 as “Equal Pay Day” in Pennsylvania. Adopted by Voice Vote.

House Bill 601 (Phillips) would amend the Vehicle Code to require that credit toward serving a period of suspension or licensure revocation for an accident involving death or personal injury would not commence until the date of the person’s release from prison. The bill would also add a subsection to specify who is required to pay for the costs associated with chemical testing, including the drawing of blood and urine. Under the provisions, the person tested would be required to pay if convicted, placed in any preadjudication program, or adjudicated delinquent. The requesting authority would be required to pay if the individual is found not guilty or had the charges dismissed or withdrawn. Passed: 49-0.

House Bill 2380 (J. Taylor) would amend the General Appropriation Act of 2005 to make a number of changes. The bill would:

Appropriate $5,063,000 to the Attorney General for reimbursement to counties for calendar year 2006 for full-time district attorneys. This appropriation would be a continuing appropriation until March 31, 2007;
Appropriate $500,000 for transfer to the United States Merchant Marine World War II Veterans’ Bonus Fund;
Clarify that the amounts appropriated to the Pennsylvania State Police from the General Fund ($3,066,000) and the Motor License Fund ($8,289,000) for the recruitment, training and deployment of an additional 180 troopers during the 2005-2006 Fiscal Year, including a number sufficient to patrol interstate highways in Philadelphia, could be expended without a civilianization plan agreement;
Provide an additional $3 million to the Pennsylvania Housing Finance Agency for the Homeowner’s Emergency Mortgage Assistance Program; and,
Allow $8,563,000 from the appropriation to the Department of Revenue for gaming general operations to lapse. Passed: 49-0.

Executive Session

Nominations to Various Boards and Commissions. (See Attached) Confirmed: 49-0.

Wednesday, April 26, 2006

Senate Resolution 266 (Gordner) recognizes May 4, 2006 as “National Day of Prayer” in Pennsylvania. Adopted: 48-0.

Senate Resolution 272 (D. White) urges the President, Congress, and the Department of Defense to oppose any increases in the cost of enrollment in health care programs for members of the United States military. Adopted by Voice Vote.

Senate Resolution 295 (Stack) recognizes the period from May 6 through 13, 2006 as “Safe KIDS Week” in Pennsylvania. Adopted by Voice Vote.

House Bill 137 (Fleagle) would amend the Vehicle Code to require the operator of a motorcycle, manufactured during or after 1986, to have the lights on at all times when driving on a public road. The bill would also increase the fine for violations of highway and bridge size and weight restrictions to $500. Passed: 47-1.

House Bill 218 (Reed) would amend the Downtown Location Law to clarify the definition of “downtown area” used in the law. The bill would also add a number of additional clarifying definitions to the act. Passed: 48-0.