Monday, May 1, 2006

 

Senate Bill 261 (Robbins) would amend the Community and Economic Development Act to create the position of Deputy Secretary for Local Government Services.  The measure would place responsibility for the Center for Local Government Services under the Deputy Secretary.  Under the provisions of the bill, the Deputy Secretary for Local Government Services would be required to ensure compliance with Executive Order 1999-1 as it relates to land use issues.  Passed:  48-0.

 

Senate Bill 723 (Wenger) would amend the Agricultural Area Security Law to encourage financial partnerships between state and local governments with non-profit entities to increase the funds available for the purchase of agricultural conservation easements.  An eligible non-profit entity would be defined as one that provides an eligible county with satisfactory proof that it is tax exempt and that it has experience acquiring agricultural or other conservation easements.  Counties would be given the option of permitting participation by nonprofits and describing the requirements for the participation in their county program.

 

An eligible non-profit could purchase an easement if it is a joint purchase with the county (the Commonwealth, a local government unit, or both could also be included in the purchase) and the deed of agricultural conservation easement is as prescribed by the State Board.  The county board would be responsible for recording the easement where a non-profit is party to the purchase.  An additional change would require the State Board to include information on the extent of local government or eligible non-profit participation in transactions covered in its annual report to the General Assembly.  The bill would also establish the Land Trust Reimbursement Program to provide that each fiscal year up to $200,000 from the Agricultural Conservation Easement Purchase Fund could be utilized to reimburse eligible land trusts for expenses incurred in acquiring agricultural conservation easements.  Reimbursement for eligible expenses would be limited to $5,000 per easement.

 

The bill would also permit county farmland preservation boards to use Pennsylvania Farmland and Forest Land Assessment Act (Clean and Green) roll-back tax interest funds to develop conservation plans and to monitor and enforce agricultural conservation easements.  Other provisions included in the legislation would establish additional parameters for evaluating stewardship of lands under the program and provide an additional option for minimum acreage for easement purchase.  Concurrence in House Amendments, as Amended:  48-0.

 

Senate Bill 810 (Conti) would amend the Administrative Code of 1929 to remove the requirement that the Department of Community and Economic Development (DCED) provide uniform budget forms to municipalities.  Recent changes to the individual municipal codes have eliminated the requirement that municipalities file their budgets with DCED, thereby making the furnishing of the forms unnecessary.  Passed:  48-0.

 

Senate Resolution 259 (Musto) designates the week of May 7 through 13, 2006 as “Drinking Water Week” in Pennsylvania.  Adopted:  48-0.

 

Senate Resolution 277 (Waugh) designates May 7, 2006 as “Vietnam Veteran Remembrance Day” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 296 (Conti) designates the month of May 2006 as “Hepatitis Awareness Month” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 297 (Tomlinson) designates the month of April 2006 as “Chastity Awareness Month” in Pennsylvania.  Adopted by Voice Vote.

 

House Bill 983 (T. Stevenson) would amend Title 12 (Commerce and Trade) to establish additional provisions relating to the Infrastructure and Facilities Improvement Program (IFIP).  The bill would provide that the contract between an applicant for an IFIP grant and the Department of Community and Economic Development (DCED) must include a provision that specifies the year in which the grant may commence and gives the applicant an option to defer commencement of the grant up to the date upon which the project is completed and operations are commenced.

 

The legislation would further provide for grants awarded for more than four years.  The change would clarify that if DCED, the Secretary of the Budget and the Department of Revenue determine that the tax revenues anticipated from the project during the fifth year and beyond are expected to be equal to or exceed the amount of the grant awarded during the previous year, the Department would make the award in the amount of the original grant.  If it is found that the specified tax revenues in the fifth year and beyond will not equal or exceed the amount of the grant for the previous year, the Department would be required to award a grant that is no less than the anticipated tax revenue and no more than the amount of the original grant award.  An additional change would eliminate the requirement that projects financed with IFIP grants be publicly owned during the period of the grant.  Further, a local government unit or a debt issuing authority would be permitted to enter into an agreement, or adopt a resolution, whereby the local government or debt issuing authority may pay, waive, settle, compromise or reimburse any local tax, fee or other imposition applicable to a project user imposed by the local government unit or issuing authority.

 

The bill would also establish the Film Production Grant Program in the Department of Community and Economic Development to provide grants for certain films produced within the Commonwealth.  A grant could not exceed 20 percent of the qualified film production expenses incurred for the film.  The aggregate amount of grants awarded in any one fiscal year could not exceed $10 million.  Effective June 30, 2006, the measure would repeal Article XVII-C of the Tax Reform Code of 1971 which provided for the film production tax credit.  The repeal would not apply to any film production tax credits approved or issued prior to the effective date of the provisions.  Concurrence in House Amendments to Senate Amendments:  46-2.

 

Tuesday, May 2, 2006

 

Senate Bill 809 (Thompson) would amend the Second Class Township Code to increase the number of hours eligible for reimbursement for attendance at conferences from five hours to ten hours.  Passed:  48-0.

 

Senate Resolution 159 (Brightbill) adopts a temporary rule of the Senate to require any amendment offered on the floor of the Senate to the 2006-07 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:  49-0.

 

Senate Resolution 271 (D. White) recognizes the week of May 13 through 21, 2006 as “Armed Forces Week” in Pennsylvania and encourages the observance of May 20, 2006 as “Armed Forces Day” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 298 (Jubelirer) extends condolences on the passing of the Honorable Robert J. Thompson, member of the Senate of Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 299 (C. Williams) designates May 14 through 20, 2006 as “Senior Community Center Week” in Pennsylvania and urges citizens to recognize the important role of senior community centers.  Adopted by Voice Vote.

 

Senate Resolution 300 (C. Williams) designates the month of May 2006 as “Macular Degeneration Awareness Month” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 301 (A. Williams) urges the President and Congress of the United States to bring humanitarian assistance and lasting peace to the Darfur region.  Adopted by Voice Vote.

 

Senate Resolution 302 (Vance) designates the month of May 2006 as “Arthritis Awareness Month” in Pennsylvania.  Adopted by Voice Vote.

 

House Bill 15 (DiGirolamo) would amend Title 18 (Crimes and Offenses) to provide for the use of grants from the Substance Abuse Education and Demand Reduction Fund to support and study victim impact panels.  Under these provisions, 45 percent of the grant monies deposited in the fund each fiscal year would be made available to non-profit organizations to provide research-based approaches to prevention, intervention, training, treatment, and education services to reduce substance abuse, or to provide resources to assist families in assessing services.  Non-profit organizations could apply jointly with a local government unit for grant monies, but would not be required to do so.  Of these funds, 20 percent could be used to assist in the start-up of victim impact panels, to study the impact of victim impact panels in the Commonwealth, or to provide assistance for the on-going operation of victim impact panels.  An applicant for a grant for these funds could be an entity other than a non-profit organization. 

 

The measure would also amend Title 75 (Vehicles) to allow a court to order a person to attend a victim impact panel program as part of a sentence for driving under the influence of alcohol or a controlled substance.  A victim impact panel program would provide a non-confrontational forum for driving under the influence victims, their families and other pertinent individuals to speak to offenders about the impact of the crash on their lives.  The Department of Transportation would be required to develop standards and incentives to encourage counties to establish victim impact panel programs.  A victim impact panel would be administered through the local office of probation and parole, or other office as determined by the court, and would be operated in consultation with the Mothers Against Drunk Driving-Pennsylvania State Organization.  A victim impact panel program could assess a reasonable participation fee to achieve program self-sufficiency but could not operate for profit.  An additional change would further clarify the “two hour rule” for testing of a defendant’s blood alcohol content.  Passed:  47-2.

 

 

Special Session

 

Special Session House Bill 39 (Wilt) would create the Taxpayer Relief Act.  Among other provisions, the measure would:

• Increase the income eligibility requirements for the Property Tax and Rent Rebate (PTRR) program from $15,000 to $35,000;

• Streamline the PTRR payment schedule to provide base payments based on an eligible claimants income;

• Provide supplemental payments to PTRR-eligible homeowners with incomes up to $30,000;

• Earmark gaming license fees and revenues to offset the cost of the expansion of the PTRR program;

• Require all school districts (except Philadelphia, Pittsburgh and Scranton) to propose a referendum at the 2007 primary election to authorize an increase in the earned income tax (EIT), or authorize a personal income tax (PIT), in order to provide property tax relief through the homestead and farmstead exclusion;

• Require that the referendum propose increasing the EIT, or authorizing a PIT, to provide a property tax reduction of at least 50 percent of the maximum homestead and farmstead exclusion.  However, no school district would be required to propose an increase in the EIT greater than one percent;

• Require school districts to appoint a local tax study commission to study the district's tax structure and to make a recommendation on the new level of taxation;

• Require school districts, except Philadelphia and Pittsburgh, to offer homestead and farmstead property owners the option to pay their property taxes in installments;

• Require all school districts to comply with backend referendum provisions which require voter approval, with certain exceptions, for any proposed tax rate increase that exceeds an annual inflationary percentage increase;

• Repeal Act 72 of 2004 and prohibit the school districts that opted into the Act 72 provisions from levying the 0.1 percent EIT that was required for participation under that act;

• Allow school districts to adopt a resolution opting out of accepting gaming revenues for property tax reductions.  However, voters would have the ability to reverse a school district's decision by approving a referendum question at the next general or municipal election;

• Use the Act 72 formula for distribution of gaming revenues for property tax reduction payments and establish the amount of gaming revenues required for an initial property tax reduction payment at $400 million; and,

• Appoint a state-level task force to examine school costs and issue recommendations.

Conference Committee Report Adopted:  40-9.

 

 

Executive Session

 

Nancy Gill - Magisterial District Judge-Chester County.  Confirmed:  49-0.

 

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

 

 

Wednesday, May 3, 2006

 

Senate Bill 238 (Wenger) would amend the Administrative Code of 1929 to authorize the Department of State to collect a $5 fee for authentication of a document for recognition by a foreign government required in an international adoption proceeding.  Within 30 days, the Department would be required to make available and publish in the Pennsylvania Bulletin a form to request the legalization of documents.  Passed:  49-0.

 

Senate Bill 999 (Lemmond) would amend the Pennsylvania Election Code to make a number of changes.  Among other changes, the bill would:

• Extend the voting standards adopted for the 2004 General Election to all primary, municipal, special and general elections in 2006 and 2007;

• Increase the minimum compensation for judges of elections, inspectors of elections, and clerks and machine operators by $30;

• Require the county board of elections to post, 20 days before an election, a list of all polling places in the county and to allow inspection of the list;

• Prohibit the location of a polling place in any room where liquor or malt or brewed beverages are dispensed.  In the event a polling place is located in a building where liquor or malt or brewed beverages are served, no malt or brewed beverages could be served while the polling place is open and the polling place must be accessible from an outside entrance that does not require passageway through the room where beverages are dispensed;

• Prohibit the location of a polling place in certain private residences, an abandoned building, a vacant lot, a political party headquarters, an office or private residence of an elected official, or the private residence or office of a candidate for political office;

• Require a statement of voters’ rights to be posted at polling places on election day stating that each voter has the right to cast his or her vote without use of threat of force, violence, threat of infliction of injury, or coercion;

• Extend the deadline for county receipt of absentee ballots cast by overseas military electors and their families;

• Require counties to hold any absentee ballot application they receive prior to 50 days before an election and to process the application upon commencement of the 50 day period; and,

• Specify that any person who knowingly assists another person, who is not a qualified absentee voter, in filling out an absentee ballot or an absentee ballot application commits a misdemeanor of the third degree.  Concurrence in House Amendments:  36-13.

Senate Bill 1114 (Robbins) would amend the Second Class Township Code to increase the daily allowance for attendance at county association conventions of township officials and employees from $35 to $50.  As under existing law, township employees receiving their normal compensation, and township officials receiving reimbursement for lost wages, would not be eligible to receive the allowance.  The bill would also authorize townships to make appropriations to the county in which the township is located for land acquisition related to community and economic development projects located in the township.  Passed:  49-0.

 

Senate Resolution 270 (Tomlinson) commemorates June 11, 2006 as “Delaware Valley Vietnam Veterans Day” and expresses appreciation for the special commitment and service of these veterans to the United States.  Adopted:  49-0.

 

House Bill 750 (Scavello) would amend the Judicial Code to standardize the limit for compulsory arbitration at $50,000 for all judicial districts.  Current law sets the limit at $50,000 in judicial districts in first, second, second class A, and third class counties.  The limit would be raised from $35,000 to $50,000 in all other districts.  Passed:  48-1.

 

House Bill 2319 (Allen) would create the Prohibition of Illegal Alien Labor on Assisted Projects Act.  The measure would prohibit the use of illegal immigrant labor on projects for which a grant or loan was received from any Commonwealth executive agency.  The legislation would require that agencies have provisions in their grant and loan contracts to require 1) the repayment of grants or 2) the payment of penalty interest on loans if illegal immigrant labor is knowingly used.  The legislation would require the repayment actions if the person that received the grant or loan is sentenced under federal law for knowingly utilizing illegal immigrant labor, or if that person knowingly permitted a contractor on the project to use illegal immigrant labor.  In addition, any person that violates the act would be ineligible for any grant/loan from the Commonwealth for two years.  It would be an affirmative defense to a violation of the prohibition if a person requires certification of compliance with Section 274A of the federal Immigration Reform and Control Act of 1986 from the contractor and the individual notifies the appropriate federal authority if the person knew the contractor was using labor by an illegal alien.  Passed:  49-0.