Monday, June 19, 2006

 

Senate Bill 303 (Pileggi) would amend the Judicial Code to increase the fees for services performed by constables.  For example, the fee for providing courtroom security would be increased from $10 per hour to $13 per hour.  Mileage for travel by motor vehicle would continue to the paid at the highest rate allowed by the Internal Revenue Service.  For civil, landlord-tenant and criminal services not specifically covered in the act, a court would be required to pay the same fee it pays for services that it determines to be similar to those performed.  The bill would also clarify that fees for constable services in landlord-tenant cases would have to be paid to the court in advance.  Concurrence in House Amendments:  50-0.

 

Senate Bill 601 (Wonderling) would prohibit a person, entity, state agency, or political subdivision from: 

• Publicly posting or displaying an individual’s social security number;

• Printing an individual’s social security number on any card required for the individual to access products or services provided by the person, entity, state agency or political subdivision;

• Requiring an individual to transmit his or her social security number over the internet unless certain safeguards are in place;

• Printing an individual’s social security number on any materials that are mailed to the individual unless federal or state law requires the social security number to be on the document to be mailed; or,

• Disclosing in any manner, except to the agency issuing the license, the social security number of an individual who applies for a hunting or fishing license.

These provisions would apply to the use of social security numbers on or after the effective date of the act, unless a use is specifically exempted.  The Attorney General and county district attorneys would have the authority to investigate and institute criminal proceedings for any violation of the act.  A violation of the act would be deemed a summary offense punishable by a fine ranging from $50 to $500 for a first offense and by a fine ranging from $500 to $5,000 for every second or subsequent violation.  Fines would be distributed equally between the Crime Victim’s Compensation Fund and the Office of Attorney General.  The Office of Attorney General would be required to use fine revenues for identity theft prevention efforts.  The provisions of the act would not apply to certain financial institutions and other entities enumerated in the legislation.  Concurrence in House Amendments:  50-0.

 

Senate Bill 944 (Orie) would amend Title 18 (Crimes and Offenses) and Title 42 (Judiciary and Judicial Procedure) to adopt a “Jessica’s Law” in the Commonwealth and to make changes to existing Megan’s Law provisions.  Among other changes, the bill would:

• Provide a minimum mandatory sentence for certain sex offenses involving a child who is less than 13 years of age.  Under these provisions, an offender over 18 years of age who rapes or commits involuntary deviate sexual intercourse with a child who is less than 13 years of age would be sentenced to a minimum term of imprisonment of not less than 25 years up to a maximum term of 50 years.  An offender over 18 years of age who rapes or commits involuntary deviate sexual intercourse with a child with serious bodily injury would be sentenced to minimum term of imprisonment of 50 years up to a maximum term or life imprisonment.  A consecutive term of imprisonment would be imposed for each victim of an offense under these provisions.

• Make it a third degree felony for a person to have knowledge that a sexual predator or offender is not complying with requirements of probation and parole (or those imposed by statute or court order) and the person:  1) withholds this information from, or does not notify, the proper authorities; 2) harbors, attempts to harbor or assists another in harboring the sexual predator or offender; 3) conceals, attempts to conceal, or assists another in concealing the sexual predator or offender; or 4) provides information to authorities about the predator or offender that the person knows to be false.

• Provide for the forfeiture of certain property or assets used to implement or facilitate the commission of the crime for which certain sex offenders have been convicted;

• Upgrade the penalties for sex offenders who are required to register with the Pennsylvania State Police and fail to do so;

• Clarify that individuals residing in Pennsylvania convicted of sex crimes in other states or localities similar to those that trigger registration in Pennsylvania would be required to register with the State Police;

• Clarify that the occurrence of a natural disaster or other event requiring evacuation of residences does not relieve an individual of the duty to register or any other duty imposed by these provisions;

• Establish that, upon classification as a sexually violent predator and before release from incarceration, a sexually violent predator who have to be fitted with a global positioning system (GPS) tracking device which must be worn for the rest of the offender’s life;

• Require the State Police to maintain a database with information collected by use of GPS tracking devices.  The information in the database would be confidential and could only be accessed by authorized law enforcement personnel in connection with official investigations;

• Make it a third degree felony to remove, tamper or interfere with a GPS tracking device or to fail to notify the authorities of the removal of a GSP tracking device;

• Prohibit certain offenders who are required to register with the State Police from traveling outside of their home county without the permission of the county court of common pleas;

• Require the State Police to establish a system to notify the general public and local law enforcement and to assist in locating individuals subject to GPS tracking who to fail to register when they are required to do so;

• Make it a third degree felony for a sexually violent predator to intentionally or knowingly enter a child protective zone;

• Establish computer and internet restrictions for certain sex offenders;

• Require the State Police to verify monthly the residence and compliance with counseling of sexually violent predators; and,

• Require the State Police to include additional information on its Megan’s Law website.  Passed:  50-0.

Senate Bill 1054 (Pippy) would amend the Judicial Code to authorize the Pennsylvania State Police to include additional information on its Megan’s Law website.  The bill would require the website to include the street addresses of all offenders who are required to register with the State Police.  Currently, the street address is listed for sexually violent predators only.  The bill would also expand the description of the offense which must be included on the website.  The measure would require the State Sexual Offenders Assessment Board to prepare a description of the offense or offenses which trigger an assessment of an offender to include, among other components, whether the victim was a minor, the manner of weapon or physical force used in the offense, and whether the offense was part of a course or pattern of conduct involving multiple incidents or victims.  Information on the release or earliest possible release from confinement for an offender, where applicable, would also have to be included.  Passed:  50-0.

 

Senate Bill 1056 (Pippy) would amend the Vehicle Code to permit drivers without a commercial driver’s license to drive a school bus during an emergency.  Specifically, a driver with a Class C license operating a school bus, school vehicle, or other commercial vehicle at the direction of authorized emergency management personnel in a time of declared federal, state or local emergency would be exempt from the commercial driver’s license requirements.  A person operating a vehicle under the exemption would not be subject to sanctions under the provisions relating to accidents involving death or personal injury while not properly licensed.  House amendments to the bill would also prohibit a person younger than ten years of age from operating a snow mobile on state-owned land and only allow individuals between 10 and 15 years of age to operate a snowmobile in the Commonwealth if they are under parental supervision or have safety training.  Concurrence in House Amendments:  50-0.

 

Senate Bill 1206 (Scarnati) would designate the access road from Interstate 80 to the DuBois-Jefferson County Airport in Washington Township, Jefferson County as the Francis H. “Bud” Scherer Memorial Highway.  Passed:  50-0.

 

Executive Session

 

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  50-0.

 

 

Tuesday, June 20, 2006

 

Senate Bill 1036 (Conti) would amend the Crimes Code to add a new subchapter to Chapter 76 to address the offense of “phishing.”  The offense of phishing would occur when an individual, with the intent to defraud or injure another, communicates by false pretenses by or on behalf of a legitimate business without the authority or approval of the business; uses the communication to induce, request or solicit a person to provide identifying information; and, the person provides the information.  A violation of these provisions would be a third degree felony.  It would also be considered a violation of these provisions for a person to sell or distribute any identifying information obtained under these circumstances.  Selling or distributing the information would be considered a second degree felony.  The Attorney General would have the authority to investigate and institute criminal proceedings for any violation of these provisions or any series of violations involving more than one county in the Commonwealth or another state.  No internet service provider would be held liable for removing or disabling access to content that resides on an internet website or other online location controlled or operated by the provider which the provider believes in good faith is used to engage in a violation of the subchapter.  The bill would provide for civil relief for internet service providers who are adversely affected by a violation or an owner of a web page or a trademark that is used without authorization in a violation.  Passed:  50-0.

 

Senate Bill 1201 (M. White) would create the Clean Air Mercury Compliance Act.  Within 30 days of the effective date of the act, the Department of Environmental Protection would be required to publish a notice of proposed rulemaking in the Pennsylvania Bulletin proposing to incorporate, by reference, the provisions of 40 CFR Pt. 60, Subpt. HHHH (relating to emission guidelines and compliance times for coal-fired electric steam generating units) as published in the May 18, 2005 Federal Register into the permitting process under the Air Pollution Control Act.  The Department of Environmental Protection is also directed to issue emission allowances to affected sources consistent with EPA’s model allocation model.  Under additional provisions of the bill, the Environmental Quality Board would be prohibited from promulgating regulations that exceed or contravene the federal provisions.  Passed:  40-10.

 

Senate Resolution 321 (Corman) designates June 20, 2006 as “State College Spikes Day” in Pennsylvania.  Adopted by Voice Vote.

House Bill 1580 (Phillips) would amend Title 3 (Agriculture) to modify the regulation of cervidae livestock operations by the Department of Agriculture.  Cervidae livestock are defined as deer, elk, moose, reindeer, caribou and hybrids of these animals.  The bill broadens the definition of “cervidae livestock operation” to define it as a “normal agricultural operation” and to include operations where cervids are harvested.  The definition specifically excludes animal slaughter facilities regulated by the Department of Agriculture and menageries permitted under Title 34 (Game).  Under the provisions of the bill, a cervidae livestock operation existing on the effective date of act that was not subject to licensure previously would be granted a provisional license.  Within one year, the department would be required to inspect each facility granted a provisional license and either grant or deny its application for licensure.  If the Department does not act within one year, the license would be deemed issued.  Licenses are valid for a two-year period.  The measure clarifies that the Pennsylvania Game Commission would have no authority to promulgate regulations on cervidae livestock operations and repeals inconsistent provisions of the Game Code.  Passed:  49-1.

 

House Bill 1637 (Kenney) would amend the Mechanics Lien Law of 1963 to prohibit contractors and subcontractors from waiving their lien rights for work involving nonresidential property.  A contractor or subcontractor could waive his or her right to file a claim against property for the erection, construction, alteration or repair of a residential building, in which the total contract price between the owner and the contractor is less than $1 million.  A subcontractor could waive the right to file a claim against a residential property, irrespective of the contract price, provided that the contractor has posted a bond guaranteeing payment for labor and materials provided by subcontractors.  The bill would define “residential building” as property on which there is a residential building, or which is zoned or otherwise approved for residential development, planned development or agricultural use, or for which a residential subdivision plan or planned residential development plan has received preliminary, tentative or final approval pursuant to the Pennsylvania Municipalities Planning Code.  Passed:  50-0.

 

House Bill 2210 (Santoni) would designate the portion of State Route 422 beginning at Penn Avenue in West Reading Borough to East Neversink Road in Exeter Township, Berks County as the Sergeant William V. Fernandez Highway.  Passed:  50-0.

 

House Bill 2468 (Good) is the Highway Capital Budget Project Itemization Act of 2005-2006.  The bill would authorize $1,713,261,000 in public highway projects to be constructed by the Department of Transportation.  Passed:  50-0.

 

Executive Session

 

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  50-0.

 

 

Wednesday, June 21, 2006

 

Senate Bill 451 (M. White) would amend the Rural Pennsylvania Revitalization Act to further provide for the board of directors of the Center for Rural Pennsylvania and for the grants provided under the act.  The bill would clarify that the governor appoints two members to the board from “among the memberships of” the statewide organizations listed in the bill.  The Pennsylvania Farm Bureau would be added to the list of organizations.  The measure would further clarify that a simple majority of the duly qualified members of the board would constitute a quorum.  Additional changes included in the bill would make faculty members at the regional campuses of the University of Pittsburgh eligible for grants and increase the maximum amount of the grants from $50,000 to $60,000.  Passed:  50-0.

 

Senate Bill 917 (Pileggi) would amend the Real Estate Appraisers Certification Act to create additional categories of licensure for appraisers, in addition to the existing certifications which are required under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 for federally-related transactions.  The measure would authorize the State Board of Real Estate Appraisers to establish a class of licensed real estate appraisers who, at a minimum, meet the requirements recommended by the Appraiser Qualifications Board of the Appraisal Foundation with regard to licensed appraisers on or after January 1, 2008.  The Board could prescribe limitations on the term, renewal and continuing education of licensed real estate appraisers consistent with progress toward certification. 

 

The bill would also create an appraiser trainee license for individuals who meet the appraiser trainee educational requirements of the Appraiser Qualifications Board of the Appraisal Foundation and who do not already hold an appraiser credential.  An appraisal trainee would have to operate under the direct supervision of a Certified Residential Appraiser or a Certified General Appraiser for the purpose of completing the experience requirement for an appraiser credential.  Appraisal trainees would be subject to continuing education requirements for licensure renewal as prescribed by the Board by regulation.  The Board could place limitations on the number of times that a licensed real estate appraiser or appraiser trainee could renew their licenses.  Nothing in the section would preclude a licensed real estate broker from also holding an appraiser license or certificate.  The measure would also clarify that the Certified Residential Appraiser and Certified General Appraiser must conduct appraisals in accordance with the criteria established by the Appraiser Qualifications Board of the Appraisal Foundation.  Passed:  50-0.

 

Senate Bill 1188 (Vance) would amend the State Lottery Law to create a new subchapter providing for the coordination of the federal Medicare Part D prescription drug plan and the state PACE/PACENET program.  Under this legislation, the PACE/PACENET program would supplement the benefits available under Medicare Part D.  PACE/PACENET benefits would fill the gaps of Medicare Part D by providing coverage to claimants for prescription drugs not covered by the Part D plans, and prescription drugs purchased in the deductible phase and the “donut hole” of Part D.  The legislation would:

• Cover the cost of Part D premiums for PACE enrollees;

• Eliminate the PACENET $40 per month deductible and replace it with a Part D premium that is less than or equal to the regional benchmark premium; and,

• Cover the difference between co-payments charged by the Part D plans and the current PACE/PACENET co-payments.

The legislation would require the Department of Aging to assist a claimant in applying for the low-income subsidy under Part D to take advantage of co-payments that are lower than PACE/PACENET co-payments; identify the enrollee’s drug needs and preferred pharmacy; and, assist the claimant in enrolling in the plan which best fits the claimant’s drug needs.  Factors the Department would have to consider, when contracting with the Part D plans, would include the adequacy of the pharmacy network and the costs to the claimants and the Commonwealth.  The Department of Aging may recommend a Part D plan to a cardholder and initiate enrollment.  However, the Department must give claimants at least ten days to decline an enrollment and notify them that they may file and pursue appeals to a Part D plan on their own behalf, and that their choice of plan may affect their medical coverage if they are enrolled in a Medicare Advantage Plan.

 

The legislation would also clarify that manufacturers are not required to pay rebates for covered prescription drugs if the Part D plan is a payer.  Further, the bill would allow a PACE/PACENET enrollee, whose maximum income limit is exceeded due solely to a Social Security cost-of-living adjustment, to continue to be eligible for PACE/PACENET if they were enrolled as of December 31, 2004.  This provision would expire on December 31, 2007.  Passed:  50-0.

 

Senate Resolution 320 (Jubelirer) condemns the decision by the municipal government of Saint-Denis, France to name a street in honor of Mumia Abu-Jamal, the convicted murderer of Philadelphia Police Officer Danny Faulkner.  Adopted:  44-4.

 

Senate Resolution 322 (Robbins) extends condolences for the supreme sacrifice of Army Staff Sergeant David Michael Veverka, Maine National Guard Company B, 3^rd Battalion, 172^nd Infantry Regiment, who tragically lost his life while saving his fellow service man, Private Chris Frasier, in service to our country in Iraq on May 6, 2006.  Adopted by Voice Vote.

 

Senate Resolution 323 (Piccola) designates June 24, 2006 as “Craniofacial Awareness Day” in Pennsylvania.  Adopted by Voice Vote. 

 

Senate Resolution 324 (Rhoades) congratulates the Hawk Mountain Ranger School and the Pennsylvania Wing Ranger Program on their 50^th anniversary.  Adopted by Voice Vote.

 

House Bill 496 (Cornell) would amend the Crimes Code to make it a summary offense if a person intentionally cuts, injures, damages, destroys, defaces, or removes any survey monument or marker, other than a natural object such as a tree or stream.  The offense would be upgraded to a second degree misdemeanor if the individual willfully or maliciously commits the crime in order to call into question a boundary line.  Any person convicted of a violation would be liable for the costs to reestablish the marker and all reasonable attorney fees, in addition to any other penalty imposed.  The bill would also amend the Judicial Code to reduce the time period for actions to recover damages against individuals engaged in the practice of land surveying from 21 years to 12 years.  Passed:  50-0.

 

House Bill 2381 (Boyd) would amend the Pennsylvania Constitution to establish that only a marriage between a man and a woman would be valid or recognized as a marriage in the Commonwealth.  Passed:  38-12.

Thursday, June 22, 2006

 

Senate Bill 1090 (Tartaglione) would amend the Minimum Wage Act of 1968 to increase the minimum wage to $6.25 per hour beginning January 1, 2007 and to $7.15 per hour beginning July 1, 2007, with certain exceptions.  The bill would allow employers to pay a training wage of the federal minimum wage ($5.15 per hour) to individuals under 20 years of age for the first 60 days of employment.  The employer would be required to inform a recipient of the amount of the training wage and the right to receive the full minimum wage or higher upon completion of the training period.  Employers would be prohibited from displacing existing employees for the purpose of hiring individuals at the training wage.  The bill would allow certain small businesses to pay a minimum wage of $5.65 per hour beginning January 1, 2007; $6.65 per hour beginning July 1, 2007; and, $7.15 per hour beginning July 1, 2008.  The changes included in the bill would preempt and supersede any local ordinance or rule on the minimum wage unless it was adopted prior to January 1, 2006 and remained in effect on January 1, 2006.  Passed:  36-14.

 

Senate Bill 1150 (Pippy) would amend the Crimes Code by making it a crime to engage in demonstration activities as defined in the bill within 500 feet of any commemorative service (funerals, burials, viewings or memorials) for the period of one hour prior to, during and one hour following the service.  Any person in violation of these provisions would be guilty of a third degree misdemeanor.  The bill would also amend the Judicial Code to provide for a civil action by any aggrieved party and injunctive relief.  Concurrence in House Amendments:  50-0.

 

Senate Bill 1205 (Greenleaf) would amend the Domestic Relations Code to permit the Department of Public Welfare to intercept overdue child support from lump sum monetary awards paid by insurers.  The bill would make overdue child support a lien by operation of law against the net proceeds of any monetary award and require that the award be stayed in an amount equal to the child support lien pending payment of the lien.  The measure outlines the procedures an individual or his or her attorney must follow.  The bill would provide immunity to any attorney, insurer, or other paying agent that makes distributions in accordance with these provisions from any civil, criminal or administrative penalties for making an erroneous distribution.  The bill would also make similar provisions for monetary awards for workers’ compensation.  Any amount in arrears that is in dispute would be placed in escrow.  The bill would exempt monetary awards due to a prevailing party or beneficiary under 12 years of age from these provisions.  The bill would also place additional requirements regarding electronic funds transfer on employers who are required to withhold child support and make payments to the state disbursement unit.  Employers who fail to comply with these provisions could face a civil penalty of up to $1,000 per violation.  Passed:  50-0.

 

House Bill 248 (Hess) would amend the Vehicle Code to increase the annual maintenance payments to municipalities under the highway transfer program (road turnback) from $2,500 per mile to $4,000 per mile.  The bill would also delete Section 9208 of the Vehicle Code, which requires the Senate and House Transportation Committees to hold joint public hearings to review the performance and effectiveness of the highway transfer program.  Passed:  50-0.