WEEKLY SESSION NOTES
Senate Republican Policy Committee
Sen. Jake Corman, Chairman

Monday, October 29, 2007

Senate Bill 751 (M. White) would amend the Judicial Code to prohibit the imposition of the death penalty on a person with mental retardation.  The bill provides a definition of the term "person with mental retardation." 

Under the proposed changes, at least 90 days before the commencement of a trial, the counsel for a defendant could apply for an order directing that a hearing be conducted before the trial begins to determine if the defendant is not eligible for the death penalty because of mental retardation.  Upon receipt of a motion, the court would have to conduct a hearing for the presentation of evidence regarding the defendant's mental retardation.  Both the Commonwealth and the defendant could present evidence.  The court would also be required to order an expert psychiatric or psychological examination of the defendant, to be performed by a licensed psychiatrist or psychologist who is an expert in the diagnosis and evaluation of mental retardation.  At the hearing, the defendant would have the burden of proving that he or she is a person with mental retardation by a preponderance of the evidence.  The Commonwealth could appeal a court order finding that a defendant is a person with mental retardation.  A pretrial determination of the court that the defendant is eligible for the death penalty would not preclude a defendant from raising any legal defense or factual evidence including, but not limited to, the existence of mental retardation during the trial or the sentencing phase of a capital trial.  The jury could not be informed of any prior proceedings or the court's findings concerning the defendant's motion with respect to the issue of mental retardation. 

The measure would also make provisions for a person who has been convicted and who claims to be mentally retarded.  If postsentence motions are still pending, the defendant could amend the motions pursuant to court rules to raise the claim that imposition of the death penalty would have been barred if these provisions were in effect at the time of the sentencing hearing.  If the court finds that the petitioner is a person with mental retardation, it would be required to vacate the sentence of death and impose a life sentence.  If direct appeal is still pending, the defendant could raise the issue in a Post Conviction Relief Act petition after the disposition of the appeal.  Passed:  45-3. 

Senate Resolution 207 (Orie) recognizes the month of October 2007 as "National Lupus Awareness Month."  Adopted by Voice Vote. 

Tuesday, October 30, 2007 

Senate Bill 1068 (M. White) would amend the Hazardous Sites Cleanup Act to require any civil penalties assessed under Section 1104 of the act to be deposited in the Hazardous Sites Cleanup Fund.  Passed:  46-0.

Senate Bill 1069 (M. White) would amend the Keystone Recreation, Park and Conservation Fund Act to require the Department of Conservation and Natural Resources, the Department of Education, the Pennsylvania Historical and Museum Commission and the State System of Higher Education to submit an annual report to the General Assembly no later than July 1, 2008, and each July 1 thereafter.  The report would have to include information relating to grants awarded from the fund, including the name of the applicant, location and description of the project, total project costs, amount requested, matching funds, anticipated project completion date and amount awarded.  Each participating agency would publish and maintain the report on its publicly accessible Internet website.  The report could be submitted to the Governor and General Assembly by electronic mail.  Passed:  46-0. 

Senate Bill 1100 (Pileggi) would create the Hazardous Sites Cleanup Fund Funding Act.  Under the provisions of the bill, the State Treasurer would be required to transfer $40 million of the revenues from the Capital Stock and Franchise Tax from the General Fund to the Hazardous Sites Cleanup Fund in fiscal years beginning after June 30, 2008.  The Treasurer would also be required to determine the amounts of Legislative Department appropriations remaining unexpended, uncommitted or unencumbered for all fiscal years prior to July 1, 2007.  Prior year balances remaining on the effective date of the Act would automatically lapse as follows: 

• For fiscal years 2003-04 and earlier, all amounts remaining unexpended, uncommitted or unencumbered;

• For fiscal years 2004-05, 2005-06 and 2006-07, 8.5 percent of amounts remaining unexpended, uncommitted or unencumbered; and,

• All amounts for the Capital Centennial which remain unexpended, uncommitted or unencumbered.

All lapsed funds would be deposited in the Hazardous Sites Cleanup Fund within 30 days of the effective date of the act.  The measure would also require the Department of Environmental Protection to provide additional information in its annual report to the General Assembly, including: 

• The number and description of emergency responses initiated by the Department and costs incurred in the aggregate and for each emergency response;

• The number and nature of violations of the Hazardous Sites Cleanup Act and the amount of fines and penalties assessed; and

• The amounts expended for personnel costs.

The measure would also require the Auditor General to conduct an annual audit of the Hazardous Sites Cleanup Fund and to submit a copy to the chairmen and minority chairmen of the House and Senate Environmental Resources and Energy Committee.  Passed:  46-0.

Senate Bill 1137 (D. White) would amend the Medical Care Availability and Reduction of Error (Mcare) Act to extend the Mcare assessment abatement for one year to December 31, 2008.  The patient safety discount under Section 312 of the Act would also be extended for an additional year to December 31, 2008.  In addition, the Health Care Provider Retention Program established under Chapter 11 would be extended from December 31, 2008 to December 31, 2009.

The measure would also require that the Insurance Commissioner conduct an annual study to determine if there is sufficient capacity in the insurance market to increase the amount of private medical malpractice insurance required under Mcare.  The Insurance Commissioner is currently required to conduct the study every two years.  An additional change included in the bill would provide a mechanism whereby the transition to private malpractice insurance could be accomplished in smaller increments than the act currently permits.  The bill would allow the Commissioner to increase the private insurance threshold in increments of $50,000.  The law currently increases the thresholds for private insurance in increments of $250,000 if the Commissioner finds that market capacity exists.  An additional change would require the Department to bill and collect the Mcare assessment from all participating health care providers.  Billing and collection is currently performed by malpractice insurance carriers.  Further, Section 1102(b) of the act would be amended to make birthing centers eligible for a 100 percent assessment abatement beginning in calendar year 2008.

A new Subchapter E would be added to the law to establish the Medical Care Availability and Reduction of Error (Mcare) Reserve Fund.  Monies deposited in the Health Care Provider Retention Account which are not necessary for the payment of the Mcare assessment abatements would be deposited in the Mcare Reserve Fund.  Monies deposited in the Reserve Fund would be distributed as follows:

• Twenty-five percent would be transferred to the Patient Safety Trust Fund for the purposes of reducing healthcare acquired infections;

• Twenty-five percent would be transferred to a newly created Medical Safety Automation Fund for making grants for electronic medical records systems.

• Fifty percent would be retained in the Mcare Reserve Fund for the purpose of reducing the Mcare unfunded liability.  Passed:  44-2.

Senate Resolution 208 (Costa) designates the month of November 2007 as "Pennsylvania Epilepsy Awareness Month."  Adopted by Voice Vote.

House Bill 191 (Gingrich) would repeal Act 141 of 1969 which permits any person 17 years of age or older to donate blood without parental permission.  The bill would re-establish these provisions and further clarity that persons at least 16 years of age but less than 17 years of age could donate blood in a voluntary and non-compensatory blood collection program with the written permission of a parent or guardian.  Passed:  46-0.

Executive Session

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  46-0.