Senate Bill 1122 (Piccola) would amend the Administrative Code of 1929 to prohibit the furlough of executive branch employees if the general appropriation act is not enacted before the beginning of the fiscal year.  The legislation specifically provides that when a general appropriation act is not enacted before the beginning of a fiscal year, all Commonwealth employees would be considered critical and essential employees.  The bill further clarifies that no employees could be furloughed based on any categorization or distinction that is not expressly provided for in law.  Passed:  46-0. 

Senate Resolution 230 (Piccola) designates the week of February 10 through 16, 2008 as "Career and Technical Education Week" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 231 (Piccola) recognizes February 6, 2008 as "Ronald Reagan Day" in Pennsylvania.  Adopted by Voice Vote.

Executive Session 

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

Tuesday, February 5, 2008 

Senate Bill 1019 (Gordner) would amend the Board of Vehicles Act to further provide for the participation of out-of-state recreational vehicle dealers in recreational vehicle shows, exhibitions, rallies and off-premise sales conducted within the Commonwealth.  Out-of-state recreational vehicle dealers would be required to register with the State Board of Vehicle Manufacturers, Dealers and Salespersons before participating in a recreational vehicle show, off-premise sale, exhibition or rally held in the Commonwealth.  As a condition of registration, out-of-state dealers would be required to agree to comply with all federal and state laws and regulations relating to the buying, selling, exchanging, titling, registration or financing of recreational vehicles; submit to the jurisdiction of the Commonwealth for purposes of disciplinary action; pay a participation fee; and, provide a list of all individuals participating as sales persons for the dealer.  Out-of-state dealers would also have to post a $30,000 bond with the Board as security for any claim filed by a Commonwealth agency for unpaid taxes, fees, licenses or payment of criminal or civil penalties.

The Board would be authorized to discipline out-of-state recreational vehicle dealers for a violation of a Pennsylvania law or regulation or a law or regulation of the state where they are licensed or domiciled.  The Board would be required to report these violations to the state or jurisdiction where the out-of-state dealer is licensed or domiciled.  The Board could refuse the registration of an out-of-state dealer if the Board has sanctioned the dealer within the previous five years.  The refusal could be permanent or for a fixed period of time.  The bill outlines the conditions under which an out-of-state dealer could participate in a recreational vehicle event or activity and establishes criteria based on the number of dealers participating and whether the state in which the dealer is licensed is contiguous to the Commonwealth and it permits Pennsylvania dealers to participate in shows in that show under substantially equivalent conditions.  Forms for the registration of out-of-state dealers would have to be published in the Pennsylvania Bulletin and maintained on the Board's website.  The Board would be required to accept registration forms and payment electronically.  Passed:  49-0. 

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 5^th 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.  Concurrence in House Amendments to Senate Amendments:  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 5^th 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.  Concurrence in House Amendments to Senate Amendments:  49-0. 

Senate Resolution 232 (Hughes) designates February 7, 2008 as "Black HIV/AIDS Awareness Day" in Pennsylvania.  Adopted by Voice Vote. 

Wednesday, February 6, 2008 

Senate Bill 295 (Browne) would create the Diesel-Powered Commercial Motor Vehicle Idling Act to prohibit the operator of a commercial motor vehicle from allowing a diesel-powered commercial motor vehicle to idle more than five minutes in any 60-minute period.  Among other exemptions, idling resulting from traffic or for repair and maintenance or health and safety purposes would be exempt.  In addition, a passenger bus could idle up to 15 minutes in a 60-minute period to provide heating or air conditioning when passengers are on-board.  An occupied vehicle with a sleeper berth compartment that idles for air conditioning or heating during a rest or sleep period when the outside temperature is less than 40 degrees or greater than 75 degrees Fahrenheit would also be exempt.  This exemption would expire on May 1, 2010 and would not apply in locations equipped with stationary idle reduction technology available for use.  The restriction on idling would not apply to diesel-powered commercial motor vehicles that have a model year of 2007 or newer engine and exhibit a label issued by the California Air Resources Board showing that the vehicle meets the optional nitrogen oxide idling emission standard.

The Secretary of Environmental Protection would be authorized to designate departmental employees to enforce the provisions of the act.  An operator who violates the idling prohibition would be guilty of a summary offense punishable by a $50 fine for a first offense and a fine of not less than $50 or more than $150 for second and subsequent offences.  If the operator of the vehicle is not the owner of the vehicle, the Department of Environmental Protection would notify the owner that the operator has been convicted.  Fines would be credited to the Clean Air Fund.  If a prosecution is the result of a local police action, one-half of the fine amount would be paid to the local municipality.  A local idling ordinance or rule that has been adopted in a first or second class county would remain in effect if the local ordinance or rule is more restrictive than the act, was in effect prior to January 1, 2007, and it has not been amended, suspended or rendered invalid, in whole or in part, by a court decision.  Otherwise, the act would preempt and supersede a local idling ordinance or rule.  Passed:  50-0.

Senate Bill 776 (Wonderling) would amend the Vital Statistics Law to allow a death certificate to be filed with the State Registrar of Vital Statistics.  The State Registrar of Vital Statistics would also be authorized to issue permits for disposal.  An additional change would remove the current provision which requires local registrars to transmit a copy of the death certificate of individuals who were at least 18 years of age at the time of their death to the county board of elections of the county in which the person resided at the time of his or her death.  The bill would add a provision to require the Pennsylvania Department of Health to transmit monthly to the Department of State an electronic file containing the information listed in the bill on all resident deaths for individuals who were at least 18 years of age at the time of their death for the preceding month.  The Department of State would be required to enter the information in the SURE system, or a successor system, which would be used by county boards of elections for the purpose of removing deceased individuals from their voter registration rolls.  Passed:  50-0. 

Senate Bill 987 (Baker) would amend the Third Class City Code to provide that a third class city shall be responsible for ensuring that fire and emergency medical services are provided within the city by the means and to the extent determined by the city, including the appropriate financial and administrative assistance for these services.  The city would be required to consult with fire and emergency medical services providers to discuss the emergency services needs of the city.  The city would have to require any emergency services organizations receiving city funds to provide an annual itemized listing of all expenditures of these funds before the city could consider budgeting additional funding to the organization.  Passed:  50-0.

Senate Bill 1201 (Armstrong) would amend Title 74 (Transportation) of the Pennsylvania Consolidated Statutes to require the Department of Transportation to establish and maintain a log of executive and passenger flights using state aircraft.  The log would have to contain the information listed in the bill and be publicly accessible on the Department's website.  The log would have to be updated monthly and posted in a way that allows the public to search the information by the categories enumerated in the bill.  Passed:  50-0. 

House Bill 1131 (Melio) would amend the Second Class Township Code to provide that a township shall be responsible for ensuring that fire and emergency medical services are provided within the township by the means and to the extent determined by the township, including the appropriate financial and administrative assistance for these services.  The township would be required to consult with fire and emergency medical services providers to discuss the emergency services needs of the township.  The township would have to require any emergency services organizations receiving township funds to provide an annual itemized listing of all expenditures of these funds before the township could consider budgeting additional funding to the organization.  Passed:  50-0. 

House Bill 1133 (Melio) would amend the Borough Code to provide that a borough shall be responsible for ensuring that fire and emergency medical services are provided within the borough by the means and to the extent determined by the borough, including the appropriate financial and administrative assistance for these services.  The borough would be required to consult with fire and emergency medical services providers to discuss the emergency services needs of the borough.  The borough would have to require any emergency services organizations receiving borough funds to provide an annual itemized listing of all expenditures of these funds before the borough could consider budgeting additional funding to the organization.  Passed:  50-0. 

House Bill 1134 (Melio) would amend the First Class Township Code to provide that a township shall be responsible for ensuring that fire and emergency medical services are provided within the township by the means and to the extent determined by the township, including the appropriate financial and administrative assistance for these services.  The township would be required to consult with fire and emergency medical services providers to discuss the emergency services needs of the township.  The township would have to require any emergency services organizations receiving township funds to provide an annual itemized listing of all expenditures of these funds before the township could consider budgeting additional funding to the organization.  Passed:  50-0.