Monday, December 10, 2007

Senate Bill 880 (Kasunic) would amend the Fish Code to permit the Pennsylvania Fish and Boat Commission to sell vouchers for licenses and permits that can be purchased on behalf of a third party.  The voucher would be in the format prescribed by the Commission, but would have to contain a voucher number, the identifying number for the issuing agent, an issuance date and expiration date, and information regarding the type of license or permit for which the voucher may be redeemed.  Purchasers would pay the normal fee for the type of license or permit purchased and the issuing agent fee.  Vouchers could only be redeemed for the type of license or permit indicated and would have to be honored by an issuing agent when presented for redemption regardless of where they were purchased.  The bill specifically provides that issuing agents may not charge a fee at the time of redemption.  The bearer of a voucher would be required to establish that he or she meets the eligibility requirements for the type of license or permit indicated upon presentation for redemption.  A violation of these provisions would constitute a summary offense of the first degree.  Second or subsequent offenses within a 12 month period would constitute a second degree misdemeanor.  The Commission could promulgate regulations necessary to implement the act.  Passed:  48-0.

Senate Bill 1121 (Baker) would amend the Vehicle Code to include the privately-owned vehicle of a local emergency coordinator in the definition of “emergency vehicle” when it is used by the local emergency coordinator in answering an emergency call.  Passed:  48-0.

Executive Session

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

Tuesday, December 11, 2007

Senate Bill 711 (Gordner) would create the Consumer Protection Against Computer Spyware Act.  The measure would prohibit a person or entity from causing computer software, commonly referred to as spyware, to be copied onto the computer of an authorized user to:  modify the computer’s settings related to internet use; collect personally identifiable information; prevent an authorized user’s efforts to block the installation of, or the disabling of, spyware; remove, disable, or render inoperable anti-virus or anti-spyware software; or, take control of the computer for other unauthorized purposes.  Both county district attorneys and the Pennsylvania Attorney General would have the authority to investigate and institute proceedings for any violations of the act.  A violation of the act would be a second degree felony punishable by a prison term of from one to ten years or a fine of not more than $25,000, or both.  The measure would also provide for civil actions against a person who violates the act.  For purposes of civil actions, any single action that violates more than one paragraph of the act would be considered multiple violations based on the number of paragraphs violated.  The provisions of the act would not limit the jurisdiction or authority of the Attorney General under the Commonwealth Attorneys Act or the Unfair Trade Practices and Consumer Protection Law.  Passed:  49-0.

Senate Bill 838 (Corman) would amend the CPA law to make a number of changes.  Among other modifications, the bill would:

• Add or modify a number of definitions;

• Allow license reciprocity for an individual whose principal place of business is not in the Commonwealth and who has a valid certificate and license from another state;

• Establish a standard of “substantial equivalency” for licensure reciprocity;

• Subject a Commonwealth licensee who renders services as a CPA in another jurisdiction to disciplinary action by the state board for an act occurring in another state if the licensee is disciplined by that jurisdiction, or the individual commits an act that would be subject to disciplinary action in the Commonwealth;

• Increase the certified public accountant members of the State Board of Accountancy from eight members to nine members;

• Decrease the number of public accountants on the Board from two to one and require the individual to be engaged in the practice of accounting as his or her primary occupation at the time of appointment; and,

•  Increase the permissible ownership percentage of an accounting practice for non-licensed persons from one-third ownership to 49 percent ownership.  Passed:  49-0.

Senate Bill 1114 (Kasunic) would designate the scenic view on State Route 40 in Wharton Township, Fayette County as the “Blue Star Point Lookout.”  Passed:  49-0.

Senate Resolution 219 (Washington) congratulates the Alpha Kappa Alpha Sorority on the organization’s 100th anniversary.  Adopted by Voice Vote.

House Bill 17 (Markosek) would amend the Vehicle Code to make a number of changes, some of which are necessary to bring Pennsylvania law into compliance with the federal Motor Carrier Safety Improvement Act.  Among other modifications, the bill would:

• Amend the definition of a “serious traffic offense” as it relates to commercial drivers by deleting various violations under section 3309 (relating to driving on roadways laned for traffic) and by adding a section prohibiting an employer from knowingly permitting a driver to operate a commercial vehicle if the driver, the equipment, or the motor carrier operation is subject to an out-of-service order, subject to a $2,750 fine;

• Reduce the fine (from $2,750 to $500) for violating section 4107, relating to the operation of a motor carrier in violation of driver out-of-service criteria, specifically as it relates to driver’s hours of service;

• Raise the maximum weight limit (from 9,000 to 10,000 pounds) for vehicles eligible for seasonal registration, disability plates and placards, and numerous specialty license plates;

• Permit a food delivery vehicle to display an illuminated sign approved by the department; and,

• Extend the automated red light enforcement systems in Philadelphia for four more years until December 31, 2011 and broaden the definition of “recorded image” as utilized in connection with those systems to include not only photographs but also digital images or images recorded by any other image-capture technology.  Passed:  49-0.

House Bill 131 (Yewcic) would amend Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes to add a section to prohibit municipalities from charging a fee or seeking reimbursement of costs incurred as a result of municipal police responding to automobile accidents.  The prohibition would apply to costs incurred for labor, materials, supplies or equipment used or provided in the response.  The new section could not be construed to authorize the imposition of any fee other than those fees or charges authorized in law.  Passed:  49-0.

House Bill 489 (Schroder) 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.  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, up to a maximum of $25 million, would be transferred to the Patient Safety Trust Fund for the purposes of reducing healthcare acquired infections;

• Twenty-five percent, up to a maximum of $25 million, would be transferred to a newly-created Medical Safety Automation Fund; and,

• The remaining funds would be retained in the Mcare Reserve Fund for the purpose of reducing the Mcare unfunded liability.

The measure would also repeal the Volunteer Health Services Act and re-enact the provisions of that act as Chapter 10 of the Medical Care Availability and Reduction of Error (Mcare) Act with one change.  This modification would lower the continuing education requirements for volunteer nurse licensees from 30 hours to 20 hours during the biennial licensure period.  The bill clarifies that, except for the new provisions regarding volunteer nurses, Chapter 10 would be a continuation of the repealed provisions of the Volunteer Health Services Act and that any difference in language is intended to conform to the style of the consolidated statutes.  Passed:  49-0.

Wednesday, December 12, 2007

Senate Bill 317 (Rafferty) would amend the Pennsylvania Election Code to make a number of changes.  Among other modifications, the bill would:

• Mandate that no school board may request a county board of elections to exempt any of its schoolhouses as polling places;

• Require the state committee of each political party to post and maintain party rules on the committee’s internet website;

• Exempt candidates for the office of school director in a district where that office is elective from nominating petition requirements relating to the residence and political affiliation of the candidate;

•  Delete the requirement that the name of every military elector to whom an absentee ballot has been sent be conspicuously posted on a master list at the county office of elections.  However, the board would be required to maintain a list of all absentee ballots received or postmarked within a timely period;

•  Raise the amount of late filing fees for each report or statement of contributions and expenditures from $10 to $20 per day for the first ten days and from $10 to $50 for each day thereafter, with the maximum fine being increased from $250 to $1,000;

• Require that no person may be a candidate for a public office until all reports and statements of contributions and expenditures required to be filed by such person or the treasurer of his or her committee in a previous candidacy have been filed and all fines paid; and

• Clarify that “e-mail, internet advertising, automatic dialing-announcing device, telephone call which includes an automated message, and facsimile” are forms of election advertising that must state that the communication has been authorized by the candidate or his or her representatives or, if not so authorized, the name of the person who made or financed the expenditure.  Passed:  49-0.

Senate Bill 648 (D. White) would authorize the Department of General Services (DGS) to make the following conveyances:

• 2.86 acres and a building in Ligonier, Westmoreland County.  The Department could sell the property through an invitation for sealed bids or by public auction.  The proceeds from the sale would be deposited in the State Treasury Armory Fund.  No portion of the property conveyed could be used as a licensed gaming facility;

• The National Guard Armory, 108 West Washington Avenue, Connellsville, Fayette County to the City of Connellsville for $50,000.  The proceeds from the sale would be deposited in the State Treasury Armory Fund.  No portion of the property conveyed could be used as a licensed gaming facility or it would revert to the Commonwealth.  In the event the conveyance is not executed within six months of the effective date of the act, DGS is authorized to dispose of the property in accordance with section 2406-A of the Administrative Code of 1929;

• 29.321 acres and improvements at the Allentown State Hospital to the Allentown Commercial and Industrial Development Authority.  The property would have to be used as commercial or senior residential property, or both.  No portion of the property conveyed could be used as a licensed gaming facility.  If an agreement of sale between DGS and the Authority is not executed within one year, the authority for the conveyance would expire;

• Approximately 15 acres and the old State Police Barracks in Bensalem Township, Bucks County to the township.  No portion of the conveyance could be used for a licensed gaming facility or it would revert to the Commonwealth.  If the township and DGS cannot reach a mutually acceptable agreement of sale within 12 months, the property could be disposed of in accordance with the Administrative Code of 1929; and,

• 47.28 acres in Susquehanna Township, Dauphin County to the Pennsylvania State Employees Credit Union (PSECU) for $2,718,600.  The Department of General Services could reimburse itself for costs and fees incurred as a result of the conveyance.  Any funds remaining after reimbursement to DGS would be deposited into the Agricultural Farm Operations Account.  No portion of the conveyance could be used for a licensed gaming facility or it would revert to the Commonwealth.  If PSECU and DGS cannot reach a mutually acceptable agreement of sale within 12 months, the property could be disposed of in accordance with the Administrative Code of 1929.  Concurrence in House Amendments:  49-0.

Senate Bill 1135 (Rafferty) would amend the Vehicle Code to require that electronic speed timing devices must have been tested for accuracy within a period of one year prior to an alleged violation.  In addition, speedometers would have to be tested for accuracy within one year prior to a violation and immediately upon a change in tire size.  Passed:  49-0. 

Senate Resolution 218 (Mellow) recognizes the life accomplishments and extraordinary contributions of David J. Williams to the vaccine industry in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 220 (Piccola) honors Linda L. Sheaffer upon her retirement.  Adopted by Voice Vote. 

House Bill 1109 (Staback) would amend the Fish Code to make a number of changes.  Among other changes, the bill would:

• Extend the prohibition on the issuance of one-day resident and tourist fishing licenses from March 15 to April 30.  (Current law prohibits their issuance from April 1 to April 30);

• Increase the fee for replacement fishing licenses and related permits from $4.25 to $5.00;

• Establish a new transaction fee, not to exceed $1.00, for licenses and permits issued under the Pennsylvania Automated Licensing Service (PALS) system;

• Require issuing agents to verify the residence of persons applying to purchase a fishing license;

• Require issuing agents to make equipment necessary for the issuance of fishing licenses and permits available at reasonable hours for inspection by Commission personnel; and,

• Increase the grading for violations by an issuing agent or institutional superintendent with regard to remittance of license fees or other violations of Section 2711 or the regulations promulgated thereunder.  Passed:  46-3.

House Bill 1621 (M. O’Brien) would authorize the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease 51,839 square feet of land within the bed of the Delaware River located in the 5th Ward of the City of Philadelphia to VTE Philadelphia, LP for an initial term of 99 years.  The bill would also authorize an additional 99-year extension of the lease.  The bill provides for the land to be leased for no less than $5 per square foot payable in advance, and not less than $1 per square foot for any improvements added to the site subsequent to the initial agreement.  All costs and fees, including those incurred by either the Department of General Services or the Department of Environmental Protection, would be borne by the lessee.  Fifty percent of the revenue collected would be directed to the Commerce Department of the City of Philadelphia to implement the Central Delaware Advisory Group Master Plan for Redevelopment along the Waterfront.  The lease and any other documents would have to be reviewed by the Attorney General and the Office of General Counsel.  The lease would grant the lessee the right to assign the lease or sublease the premises for the purposes of the proposed development of one residential tower with accessory parking garage and restaurant, as well as marina and maritime uses all consistent with public access.  The lessee would be required to maintain free public access to the riverfront for fishing and other recreational activities, as outlined in the bill, and provide free public parking for these purposes.  No portion of the conveyance could be used as the location for a licensed gaming facility.  In the event the lease and a community benefit agreement between the lessee and the Northern Liberties Neighborhood Association is not executed within 18 months, and a building permit is not obtained for the residential project, the authority for the lease would be void.  Passed:  49-0.

House Bill 1627 (M. O’Brien) would authorize the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease 40,356 square feet of land within the bed of the Delaware River located in the 5th Ward of the City of Philadelphia to NCCB Associates, LP for an initial term of 99 years.  The bill would also authorize an additional 99-year extension of the lease.  The bill provides for the land to be leased for no less than $5 per square foot payable in advance, and not less than $1 per square foot for any improvements added to the site subsequent to the initial agreement.  All costs and fees, including those incurred by either the Department of General Services or the Department of Environmental Protection, would be borne by the lessee.  Fifty percent of the revenue collected would be directed to the Commerce Department of the City of Philadelphia to implement the Central Delaware Advisory Group Master Plan for Redevelopment along the Waterfront.  The lease and any other documents would have to be reviewed by the Attorney General and the Office of General Counsel.  The lease would grant the lessee the right to assign the lease or sublease the premises for the purposes of the proposed development of one residential tower with accessory parking garage and restaurant, as well as marina and maritime uses all consistent with public access.  The lessee would be required to maintain free public access to the riverfront for fishing and other recreational activities, as outlined in the bill, and provide free public parking for these purposes.  No portion of the conveyance could be used as the location for a licensed gaming facility.  In the event the lease and a community benefit agreement between the lessee and the Fishtown Neighborhood Association is not executed within 18 months, and a building permit is not obtained for the residential project, the authority for the lease would be void.  Passed:  49-0.

House Bill 1877 (Buxton) would amend the County Code to authorize Dauphin County to increase its Hotel Tax from three percent to five percent.  The additional two percent would be allocated as follows:

• Fifty percent to the Tourist Promotion Agency for tourism marketing and promotion.

• Fifty percent distributed as follows:

  1. Seventy five percent to the Derry Township Industrial Development Authority for the improvement, support, rehabilitation, revitalization, construction, fit-out and reconstruction of one or more tourism or tourism infrastructure-related facilities including the payment of debt service on bonds related thereto.

  2. Twenty five percent for the Tourist Promotion Agency for tourism promotion and marketing for the City of Harrisburg.  Passed:  45-4.

House Bill 1961 (Bennington) would amend the Child Protective Services Law (Chapter 63 of the Domestic Relations Code) to bring Pennsylvania into compliance with federal law.  The bill would require prospective employees of child-care services, prospective foster parents, prospective adoptive parents, prospective self-employed family day-care providers and other persons seeking to provide child-care services under contract with a child-care facility or program to submit a report of federal criminal history record information with a full set of fingerprints.  Anyone over 18 years of age residing in a prospective adoptive or foster home would also be required to provide this information.  If a prospective adoptive or foster parent, or any individual over 18 years of age residing in the home, has resided outside of the Commonwealth during the previous five-year period, he or she would have to submit a certification (obtained within the previous year) from the statewide central registry or its equivalent in each state in which the person resided, as to whether the person is named a perpetrator of child abuse.  If the certification reveals that the person named is a perpetrator, the agency would be required to forward the certification to the Department of Public Welfare (DPW) for review.  The prospective adoptive or foster parent would not be approved if DPW determines the person named is the equivalent of a perpetrator of a founded report of child abuse.  The provisions relating to the submission of federal criminal history record checks for child-care service applicants, self-employed family day-care providers, and operators of child-care services would become effective July 1, 2008.  The additional provisions relating to prospective adoptive and foster parents would become effective January 1, 2008.  Passed:  49-0.

House Resolution 410 is a concurrent resolution designating December 19, 2007 as “Coal Miner’s Day” in Pennsylvania in appreciation, honor and remembrance of the accomplishments and sacrifices of coal miners in the Commonwealth.  Adopted by Voice Vote.

Special Session

Special Session Senate Bill 1 (M. White) would create the Alternative Energy Investment Act, which would invest up to $650 million over ten years in programs designed to increase the development and use of alternative and renewable energy, improve energy efficiency and reduce energy consumption.  This bill would support research and development of alternative energy technologies, help municipalities and businesses implement clean-energy projects, and provide assistance to consumers to cover up to 25 percent of the cost to install energy-saving equipment.  In addition, it would boost funding of the Low-Income Home Energy Assistance Program (LIHEAP) and provide rebates for the purchase of hybrid vehicles.  Projects would be funded by anticipated growth in the state gross receipts tax so the bill includes no new taxes.

Among other provisions, the Act includes:

• $250 million to provide:

• Loans to businesses and loans or grants to counties, municipalities and school districts for clean energy projects, as well as loans and grants to businesses that support alternative energy production through the Commonwealth Financing Authority ($210 million);

• Pollution control technology grants for small coal-fired power plants to comply with new state and federal regulations ($25 million); and

• Support for research and development of alternative energy technologies, and venture capital for Pennsylvania start-up businesses to develop or expand alternative and renewable energy technologies through the Ben Franklin Technology Development Authority ($15 million).

• $130 million for tax credits to increase alternative energy production;

• $100 million for consumer grants, loans, rebates and reimbursements of up to 25 percent of the purchase and installation price for energy conservation projects;

• $100 million to boost funding of the Low-Income Home Energy Assistance Program (LIHEAP);

• $50 million to provide loans, grants and rebates of up to 35 percent of the purchase and installation costs of solar and solar photovoltaic panels;

• $15 million for rebates for the purchase of hybrid vehicles; and

• $5 million in loans for energy efficiency projects in low-income households.  Passed:  44-5.

Special Session Senate Bill 22 (Tomlinson) would amend the Alternative Fuels Incentive Act to make a number of changes. Among other modifications, the bill would:

• Increase the reimbursement to producers for the production of alternative fuels from five cents per gallon to ten cents per gallon for up to 12,500,000 gallons of renewable fuels in a calendar year;

• Reduce the amount of the Alternative Fuels Incentive Fund which may be used by the Department of Environmental Protection for administrative costs from two percent to one percent;

• Authorize the Department to use up to one percent of the fund for education and outreach to car dealers and consumers about the program;

• Expand rebate program provisions to authorize rebates not only for consumers who purchase hybrid vehicles but also for those purchasing biodiesel or other alternative fuel vehicles;

• For fiscal years 2008-2009 through 2010-2011, authorize the Department to expend up to $100,000 annually from the Fund for a nitrogen tire inflation grant program.  Under this program, matching grants, not to exceed $5,000, could be awarded to automotive service providers who sell tires for up to fifty percent of the costs of purchasing and installing nitrogen tire inflation systems; and,

• Establish separate biodiesel production incentives.  For three calendar years, until December 31, 2010, this provision would require the Department to pay a qualified biodiesel producer an incentive in the amount of 75 cents for each gallon of biodiesel sold for commercial purposes, subject to a seven million gallon per calendar year cap for qualified producers (owned by more than one person) and a $2 million cap for individual producers.  Passed:  40-9.