Monday, April 7, 2008 

Senate Bill 1254 (D. White) would amend the Insurance Company Law of 1921 to clarify that the sale or administration of service contracts are not considered the business of insurance and are exempt from regulation as insurance.  Passed:  28-20. 

Senate Resolution 252 (Rafferty) urges the citizens of the Commonwealth to participate in the In Case of Emergency campaign by entering information under the acronym of ICE into the memory of their cellular phones to assist medical and other emergency personnel in contacting designated persons in the case of an emergency.  Adopted by Voice Vote. 

Senate Resolution 286 (Baker) designates the week of April 13 through 19, 2008 as "Week of the Young Child" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 287 (Tomlinson) designates the month of May 2008 as "Pennsylvania One Call System Month" in Pennsylvania.  Adopted by Voice Vote. 

Executive Session 

Richard Kriebel – Milk Marketing Board.  Confirmed:  48-0. 

Tuesday, April 8, 2008 

Senate Bill 822 (Corman) proposes an amendment to Article XI of the Pennsylvania Constitution to provide for the filling of a vacancy in the office of Lieutenant Governor.  Under the existing provisions, the President Pro Tempore of the Senate becomes Lieutenant Governor for the remainder of the term.  The proposed change would require the Governor to appoint a Lieutenant Governor to serve the remainder of the term.  The appointment would be subject to the consent of the majority of the members elected to the Senate.  If the Governor appoints a member of the General Assembly as Lieutenant Governor, the appointee's seat would become vacant and would be filled by election as any other vacancy in the General Assembly.  In the event there is neither a Governor nor a Lieutenant Governor, the President Pro Tempore of the Senate would become Governor for the remainder of the term and appoint a Lieutenant Governor.  The President Pro Tempore's seat would become vacant whenever he or she becomes Governor and would be filled by election as any other vacancy in the Senate.  If there is no Lieutenant Governor to discharge the duties of the Governor in the case of the disability of the Governor, the President Pro Tempore would act as Governor until the disability is removed.  In this instance, the President Pro Tempore would exercise all of the powers and duties of the Governor except for the authority to appoint a Lieutenant Governor.  Under these circumstances, the President Pro Tempore's Senate seat would not become vacant.  Constitutional amendments must be approved in two consecutive sessions of the General Assembly and approved by the electorate before becoming effective.  There has been no prior passage of this amendment.  Passed:  33-17.

Senate Bill 998 (McIlhinney) would amend Title 40 (Insurance) of the Pennsylvania Consolidated Statutes to authorize a professional health services plan corporation to reimburse directly for clinical social work services.  Specifically, the bill would expand the scope of service of a professional health services plan corporation by adding the furnishing of "clinical social work" to the stated purpose of all general medical service corporations.  The bill would also add "licensed clinical social worker" to the definition of health service doctor and "clinical social work services" to the definition of professional health services.  Passed:  50-0. 

Senate Bill 1020 (Wonderling) would amend the Conservation District Law to make a number of changes.  Among other modifications, the bill would: 

• Clarify it is a state priority to assist in developing and implementing plans for storm water management; designate local conservation districts as the primary local government unit responsible for conservation programs; and authorize and encourage such districts to work with landowners and other government entities to effectuate programs and policies contained in the law.
• Place the State Conservation Commission, currently under the jurisdiction of the Department of Environmental Protection (DEP), under the joint jurisdiction of DEP and the Department of Agriculture; require the execution of an agreement between the two departments delineating the role and responsibility of each in assisting the Commission to fulfill its duties; and annually rotate the chairmanship of the Commission between the secretaries of the two departments.
• Authorize the Departments and the Commission to establish joint offices and to cooperate in the use of employees, land, buildings, equipment, etc. and allow any agency of the Commonwealth and Penn State to assign personnel to the Commission to provide services and to make reports, surveys or studies as the Commission may request.
• Add the President of the Pennsylvania Association of Conservation Districts, the Secretary of Conservation and Natural Resources and the Secretary of Community and Economic Development as associate, non-voting members and allow the Commission to appoint other non-voting members by a two-thirds vote.
• Require the Commission to employ an independent executive secretary who is not supervised by either department or a voting member.
• Authorize the Commission to administer grant, loan and tax programs to implement non-point source and other best management practices; to delegate and contract with local conservation districts for various functions; and approve fees for services established by such districts.
• Increase the per diem for all farmer and public members of the Commission from $60 per day to $150 adjusted every four years for inflation plus reimbursement for travel and lodging. 
• Allow the Commission to waive the requirement that local conservation district boards have two farmer members in first, second and second class A counties upon the request of the local district and the county governing body.
• Further provide for the appointment and removal of local conservation district directors.
• Allow districts to borrow and invest money and to apply for low-interest loans and allow district directors to engage in wetland construction and maintenance, mine reclamation, soil erosion reclamation, water management, park and forest management, road maintenance, odor and air quality management, development of alternative energy resources and other natural resource programs approved by the Commission.
• Allow district directors to enter into contracts with federal state, county or local governments for payment for work performed or services rendered by the district.  Passed:  50-0.

Senate Bill 1033 (Regola) would amend Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes to modify the composition of the State Veterans' Commission.  The bill would add the head of the Military Officers Association of America to the Commission and remove the head of the Veterans of World War I of the United States of America, Inc.  Passed:  50-0. 

Senate Bill 1225 (Pippy) would amend Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes by adding a new subchapter relating to Intrastate Mutual Aid.  Among other modifications, the bill would: 

• Establish an intrastate mutual aid system consisting of all political subdivisions within the Commonwealth (except those which choose to opt out) and providing for mutual assistance among the participating subdivisions in the prevention of, response to and recovery from threats to public health and safety that are beyond the capability of an affected community.
• Require that participating subdivisions conduct joint planning and training and identify and inventory current services, equipment, supplies, personnel and other resources related to the emergency management and response effort.
• Establish an Intrastate Mutual Aid Committee with the Director of PEMA serving as chair and including the State Fire Commissioner and the Director of the Bureau of Emergency Medical Services of the Department of Health as well as other members representing local governments and various categories of emergency responders.
• Require the Committee to develop guidelines and procedures for the operation of the mutual aid system.  In addition, the Committee would be required to meet at least once annually and to prepare an annual report for the General Assembly regarding the condition and effectiveness of mutual aid in the Commonwealth.
• Stipulate that requests for mutual assistance may be made through the county 911 center or through PEMA only by statutorily authorized individuals and that responding political subdivisions must be reimbursed for costs by the requesting subdivision.
• Require responding political subdivisions to carry adequate insurance on all vehicles and equipment used in response to a mutual aid request and to provide workers' compensation insurance for municipal employees and volunteers involved in the response.
• Clarify that participating subdivisions and their employees would be immune from liability for injury to persons or property damage when responding to a request for assistance except in cases of willful misconduct, gross negligence or bad faith.  Passed:  50-0.

Senate Bill 1278 (Greenleaf) would amend Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes to conform the law relating to Pennsylvania's child support enforcement program to the Federal Deficit Reduction Act of 2005 in order to remain eligible for federal funding.  Among other modifications, the bill would:

• Require medical support, meaning either health care coverage under a health insurance plan or government subsidized health care coverage, to be provided by either or both parents if such support is accessible at a reasonable cost (not more than five percent of the party's net monthly income).  If the child support obligor is providing medical support, the cost of premiums and the child support obligation may not exceed the threshold established in the federal Consumer Credit Protection Act.
• Require the imposition and collection of a federally-mandated $25 annual fee in each case where $500 or more of child support is collected for a family receiving child support services and where the family has never received public assistance.  The fee would be collected from the custodial parent where annual child support collections equal or exceed $2,000, while the Commonwealth would pay the fee for families who never received public assistance but receive annual child support between $500 and $2000.
• Require that all child support orders be reviewed every three years upon request of either party or automatically if there is an assignment with regard to public assistance.
• Stipulate that incarceration, except for nonpayment of support, shall constitute a material and substantial change in circumstance that may warrant modification or termination of a support order where the obligor lacks verifiable income or assets sufficient to enforce and collect amounts due.
• Allocate arrearages collected through the use of the IRS Tax Refund Offset Program to the current monthly support obligation, arrears owed to the family, and to the Commonwealth in that order.
• Clarify that the assignment of support payments to the Commonwealth would apply only to support the family receives while on public assistance and would exclude any arrearages owed to the family before they began receiving public assistance benefits.  Passed:  50-0.

Senate Resolution 253 (Regola) designates the week of April 14 through 18, 2008 as "Local Government Week" and April 15, 2008 as "Local Government Day" in Pennsylvania.  Adopted:  50-0. 

Senate Resolution 285 (Pileggi) adopts a temporary rule of the Senate to require any amendment offered on the floor of the Senate to the 2008-09 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:  50-0. 

Senate Resolution 288 (D. White) recognizes Indiana County on being named as one of the 2008 100 Best Communities for Young People by America's Promise Alliance.  Adopted by Voice Vote. 

Senate Resolution 290 (Tartaglione) recognizes April 16, 2008 as "Start! Walking at Work Day" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 291 (C. Williams) designates April 24, 2008 as "Take Our Daughters and Sons to Work Day" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 292 (Hughes) recognizes the week of April 7 through 13, 2008 as "National Public Health Week" in Pennsylvania.  Adopted by Voice Vote. 

House Bill 1152 (Gibbons) would amend Title 13 (Commercial Code) of the Pennsylvania Consolidated Statutes to make extensive revisions to Division 1 (General Provisions) and Division 7 (Warehouse Receipts, Bills of Lading and Other Documents of Title) of the Code.  The revisions would update the Code to provide enabling language for parties to make use of electronic transactions.  The bill would also make conforming amendments to other sections of the Code.  The changes would only apply to documents that are issued after the effective date of the act.  Passed:  50-0. 

Executive Session 

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

Wednesday, April 9, 2008 

Senate Bill 9 (Scarnati) would create the Proof of Citizenship for Receipt of Public Benefits Act to require identification of lawful presence in the United States as a prerequisite to the receipt of public benefits.  Under the provisions of the bill, a person who applies directly to an agency for public benefits would have to provide in person, by mail or by electronic means, one of the forms of identification listed in the bill.  The individual would also have to execute an affidavit stating that he or she is a United States citizen, legal permanent resident or otherwise lawfully present in the United States pursuant to federal law.  The agency would be required to maintain the affidavit in accordance with the applicable records retention schedule.  An agency that administers public benefits would be required to verify through the Systematic Alien Verification of Entitlement (SAVE) program operated by the Department of Homeland Security or a successor program that each noncitizen applicant who has executed an affidavit is an alien legally present in the United States.  Until the verification is made, the affidavit could be presumed to be proof of lawful presence for purposes of the act.  A person who violates the act would commit an offense under 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities).  The new requirements would not apply to individuals under 18 years of age; those currently receiving Supplemental Security Income or Social Security disability income; persons entitled to or enrolled in Medicare Part A or Part B, or both; and, individuals applying for public benefits on behalf of a person under 18 years of age.  Passed:  39-10. 

Senate Bill 638 (Wonderling) would create the Cancer Drug Repository Program Act.  The bill would require the State Board of Pharmacy to establish a Cancer Drug Repository Program to permit pharmacies, approved by the Board, to re-dispense unused cancer drugs to indigent patients.  The Board would be required to promulgate rules and regulations to establish procedures necessary to implement the program.  Participation in the program would be voluntary.  An entity that is part of a "closed drug delivery system" (defined as a system in which the actual control of a unit dose medication is maintained by a health care facility, health clinic, hospital, pharmacy or physician's office rather than an individual patient) could return unused cancer drugs to an approved participating pharmacy.  To be returned, a drug must be in its original, unopened packaging and could not be accepted or dispensed by the pharmacy if the expiration date is earlier than six months after the date the drug was restocked or if the drug is adulterated or misbranded.  A participating entity would be required to record and log the exact quantity, name and strength of the drug prior to returning it to an approved participating pharmacy.  A pharmacy accepting unused cancer drugs would be required to comply with all laws relating to storage and to inspect all drugs prior to dispensing them.  Drugs to be re-dispensed under the program must be dispensed by a pharmacist per a prescription and in accordance with state law.  A pharmacy would be permitted to charge a handling fee as established by the Board.  Immunity for civil or criminal liability or professional disciplinary action would be provided to an individual or entity, acting in good faith, who exercises reasonable care in donating, accepting, distributing, dispensing or manufacturing the medications donated.  Concurrence in House Amendments:  49-0. 

Senate Bill 1332 (Regola) would amend Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes to add a section to Chapter 11 to provide a form for oaths of office whenever an elected or appointed official of a municipality is required to take, subscribe or file an oath or affirmation of office.  Under the form, the official would swear or affirm to support, obey and defend the Constitution of the United States and the Constitution of the Commonwealth and to discharge the duties of the office with fidelity.  Passed:  49-0. 

Senate Bill 1344 (Armstrong) would appropriate $27,348,000 from the State Employees' Retirement Fund to the State Employees' Retirement Board for its operational and administrative expenses for the 2008-2009 Fiscal Year.  Passed:  49-0.