Monday, June 20, 2005

Senate Bill 251 (Thompson) would amend the CPA law to make a number of changes.  Among other modifications, the bill would:

• 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 to nine, and require at least two of the board's three public members to have practical knowledge of accounting and financial statements so as to be qualified to make judgments about the qualifications and conduct of person and firms regulated under the act;

• 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;

• Remove residency, school enrollment, and employment requirements for testing;

• Require individuals taking the CPA exam after December 31, 2009, to complete one year of qualifying experience, regardless of education, within the sixty months preceding application for the CPA certificate; and,

• Increase the permissible ownership percentage of an accounting practice for non licensed persons from one-third ownership to 49 percent ownership.  Passed:  50-0.

Senate Bill 386 (Costa) would amend the Crimes Code to clarify the definition of burglary.  Under the bill, a person would commit burglary if, with the intent to commit a crime therein, the person enters a building or occupied structure, or separately secure or occupied portion thereof, that is adapted for overnight accommodations in which a person is present at the time of the offense.  The same provisions would apply regardless of whether or not the structure is adapted for overnight accommodations and/or a person is present at the time of the offense.  It would be a defense to prosecution if at the time of the commission of the offense the building or structure was abandoned, the premises were open to the public, or the actor is licensed or privileged to enter.  Passed:  50-0.

Senate Bill 410 (M. White) would amend the Environmental Education Act to establish the Pennsylvania Center for Environmental Education within the State System of Higher Education to identify the needs for environmental education, promote research and development of programs for non-formal educators, and involve stakeholders.  Among other duties, the Center would be required to evaluate the effectiveness of non-formal environmental education programs, to help to facilitate the active implementation of the environment and ecology standards adopted by the State Board of Education, establish an internet-based resources network to make environmental information available, and actively seek public and private sources of funding to help support its activities.  A nine-member Pennsylvania Center for Environmental Education Board would be established to oversee the operations of the Center in the performance of its duties.  The Board would be composed of representatives from the Department of Environmental Protection, the Department of Conservation and Natural Resources, and the Department of Education, and six representatives appointed by the State System of Higher Education.  The Board would meet semiannually to establish priorities, adopt an annual work plan, and approve activities of the Center.  Expenses of the board and the operation of the Center would be paid by the State System of Higher Education from funds appropriated by the General Assembly.

The legislation would also provide for grants to education and conservation groups, among others, for the purpose of providing environmental education.  The measure would expand the duties of the Department of Education to include identifying the need for the development of new curriculum and continuing teacher professional development and education programs related to environmental education and to support efforts to develop programs and materials to meet those needs in collaboration with other agencies, organizations or associations.  Further, the membership of the Advisory Council on Environmental Education in the Department of Education would be expanded to include the Secretary of Conservation and Natural Resources and two members representing conservation and natural resources interests appointed by the Secretary of Conservation and Natural Resources.  The bill would also expand the set-aside for the Environmental Education Fund to include five percent of natural resource damage settlements.  Passed:  50-0.

Senate Bill 509 (Waugh) would amend the Probate Code to give state and local government claims a priority when the assets of an estate are insufficient to pay all of its debts.  Currently, Commonwealth claims are included under "under claims" which are last in priority.  The change would place claims by the Commonwealth and political subdivisions ahead of "other claims."  An additional change would preserve the order of Department of Public Welfare claims against the estates of medical assistance recipients.  Priority for these claims would remain at the level of hospital and medical expenses which are third in priority.  The change would apply to the estates of decedents who die on or after the effective date of the act.  Passed:  50-0.

Senate Bill 539 (Pippy) would amend the Game Code to add a new section providing for trespass on private property while hunting.  A violation would occur when a person commits any violation under the Game Code or its regulations and is found to have committed criminal trespass as defined in the Crimes Code.  A first violation would be a summary offense.  A second or subsequent violation within one year of the prior offense would result in immediate revocation of the person's hunting and furtaking license and disqualification for a future license for a period of one year from the date of revocation.  Passed:  50-0. 

Senate Bill 688 (Earll) would authorize the Department of General Services to convey approximately 13.1 acres contained in two tracts of land in the City of Erie to the Erie-Western Pennsylvania Port Authority for $1.  The land would have to be used for activities related to the construction, operation, and maintenance of a convention center.  If the land is used for any other purpose, it would revert to the Commonwealth.  The authority would be required to maintain free public access to the bayfront for fishing and other recreational activities, as outlined in the bill, and provide free public parking for these purposes.  The authority would be required to comply with the Dam Safety and Encroachments Act when placing fill or structures in portions of the parcels that are presently under water.  The authority would be able to transfer a portion of the land to Building Materials Corporation of America in exchange for other land.  If Building Materials Corporation of America uses any portion of the land for gaming, it would revert back to the authority.  The bill specifically prohibits any land conveyed from being used for a licensed gaming facility.  Passed:  50-0.

Senate Bill 697 (Stout) would authorize the Department of General Services to convey the Waynesburg State Correctional Institution in Greene County to the Basalt Trap Rock Company for $990,000.  No portion of the parcels conveyed could be used as the location for a licensed gaming entity or similar facility.  In the event the conveyance is not executed within six months of the effective date of the act, the property could be disposed of in accordance with the Administrative Code.  Passed:  50-0.

Senate Resolution 76 (Lemmond) directs the Legislative Budget and Finance Committee to conduct a comprehensive evaluation of all state services provided to persons who are deaf or hard of hearing.  Adopted by Voice Vote.

Executive Session

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

Tuesday, June 21, 2005

Senate Bill 457 (M. White) would amend the Third Class City Code to permit retirees of a city to continue to receive their pension while serving in an elected office if they do not accept payment for serving in the office.  Passed:  50-0.

Senate Bill 594 (M. White) would create the Dormant Oil and Gas Act to facilitate the development of subsurface properties by addressing the problems caused by fragmented and unknown or unlocatable ownership of oil and gas interests.  Under the provisions of the bill, any person who owns an interest in oil and gas underlying a tract of land could petition the court of common pleas where the land is located to declare a trust in favor of all unknown owners of an interest in the oil and gas whose identity or address is unknown and cannot be determined by diligent efforts.  The petitioner's interest could be in fee, by lease, a royalty or by ownership of correlative rights in an oil and gas reservoir. 

Before the court could declare a trust in favor of an unknown owner, it would have to ensure that certain requirements are met.  Following a determination that all of these requirements have been met, the court would appoint a financial institution as a trustee to execute and deliver oil and gas leases or other instruments on terms and conditions approved by court.  All bonuses, rental payments, royalties and other income due to the unknown owner would be paid to the trustee until the trust is terminated.  A trust would remain in force until the unknown owners of the oil and gas interests in question have been identified to the satisfaction of the trustee and received their share of any funds held in trust.  Any person who fails to make required payments to the trust within six months of when they are due would be liable for all attorney fees and court costs of collection, with interest to the date of payment.  Passed:  50-0.

Senate Bill 722 (Musto) would amend the Storage Tank and Spill Prevention Act to make numerous changes.  The measure would extend the sunset date for the authorization to use up to $500,000 per year of the annual allocation to the Underground Storage Tank Environmental Cleanup Program to assist owners of underground storage tanks with a capacity of 3,000 gallons or less to take corrective action.  The date would be extended from June 30, 2005 to June 30, 2007.  An additional change would permit the Department of Environmental Protection to be reimbursed from the Underground Storage Tank Indemnification Fund for administrative costs associated with assisting in the implementation of the program.  The bill would also clarify that the registrations fee established under Sections 302 and 502 of the act are permanent fees paid by tank owners.  Finally, the bill would permit the Department to request up to $3 million annually from the program board for investigation and closure costs related to storage tank leaks and spills.  Passed:  50-0.

Senate Resolution 116 (Madigan) establishes a select committee to consider developing public-private partnerships to expand tolling options on highways within the Commonwealth.  Adopted by Voice Vote.

Wednesday, June 22, 2005

Senate Bill 361 (Regola) would amend the Public School Code to require school districts to permit home schooled children to participate in extracurricular activities.  Extracurricular activities are defined as including, but not limited to, clubs, musical ensembles, sports and theatrical productions.  Passed:  34-16.

Senate Bill 652 (Wenger) would amend the Public School Code to provide that tutoring programs offered by school districts under the Educational Support Services Program, the Educational Assistance Program, and the Pennsylvania Accountability Grant Program could be provided during normal school hours as long as the tutoring does not conflict with an eligible student's normal course of instruction.  Passed:  50-0.

Senate Bill 672 (Rafferty) would amend the Public School Code to further provide for the preparation of annual school budgets in second, third and fourth class school districts.  Under the changes, these school districts would be required to prepare their annual budget using a form developed by the Department of Education.  The form would require identification of specific function, subfunction and major object of expenditure.  The school board president would have to certify to the Department that the budget was prepared, presented, and made available to the public using the uniform form.  School boards would be prohibited from taking final action on budgets that have not prepared using the form.  The bill would also specify that fees for duplication of budget documents must be reasonable and based on prevailing fees for duplication services provided by local businesses.  Passed:  50-0.

Senate Bill 686 (Erickson) would amend the Public School Code to re-write the provisions for payments to and audits of Approved Private Schools and Charter Schools for the Deaf and Blind.  Among other modifications, the bill would prohibit the Department of Education from considering "offsetting income" when determining payments for Approved Private Schools and Charter Schools for the Deaf and Blind for the 2004-05 school year and subsequent years.  Beginning with the 2004-05 school year and each year thereafter, each approved private school and charter school would be required to maintain an accounting and bookkeeping system and be subject to audit as provided in regulations promulgated by the State Board of Education.  The regulations would require that each school submit an audit to the Department by November 1.  The audit would have to be conducted in accordance with generally accepted auditing standards by an independent certified public accountant.  The regulations would also include a definition of administrative costs, which could not exceed 10 percent of the school's total costs.  If a school's reportable costs for the 2004-05 Fiscal Year are less than the amount of revenues received from the Commonwealth, the difference could be retained for use in the 2005-06 Fiscal Year.  However, beginning in the 2005-06 Fiscal Year, the schools would be required to return the excess to the Commonwealth to be deposited in the audit resolution fund for the resolution of previous audits.  Passed:  50-0.

Senate Resolution 140 (Boscola) commends the Chiropractic Fellowship of Pennsylvania for its educational efforts, and recognizes the week of September 12 through 18, 2005 as "Vertebral Subluxation Awareness Week" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 141 (Musto) designates the week of July 24 though 30, 2005 as "Equality of Opportunity Week" in Pennsylvania.  Adopted by Voice Vote.

House Bill 815 (Feese) would create the General Appropriation Act of 2005, which contains the Senate-proposed state spending plan for the 2005-2006 Fiscal Year.  Among other highlights, the spending plan would:

• Restore $125 million in funding for medical care under the Department of Public Welfare budget;

• Provide $14.8 million from the General Fund and Motor License Fund for an increase in the complement of the State Police by 180 troopers and necessary vehicles to improve public safety and homeland security efforts in the Commonwealth;

• Appropriate $4.4 million for black fly eradication efforts, a program the Governor cut from his proposed 2005-06 budget;

• Provide a $10 million transfer to the Hazardous Site Cleanup Fund to enable the state to continue environmental efforts; and

• Eliminate a proposal by the Governor to shift funding to the federal government from the state for the medical schools at Penn State, Pitt and Temple.  This funding will continue to be provided through the regular non-preferred budget process.  Passed:  50-0.

House Bill 1110 (Stairs) would make two highway designations in Seward, Westmoreland County.  The bill would:

• Designate State Route 56 in Seward, Westmoreland County as the Ricky Hafer Highway  PFC Hafer, age 21, served with distinction in the 101st Airborne Division until his death on November 15, 2003 in a midair collision of two Black Hawk Helicopters in Iraq; and,

• Designate State Route 711 in Seward, Westmoreland County as Aaron Rusin Boulevard.  Army Specialist Rusin, age 19, served with distinction in the United States Army until his death on October 10, 2004 by sniper fire while patrolling in Iraq.  Passed:  50-0.

House Resolution 243 (Crahalla) is a concurrent resolution recommending to Congress that the cap on the Federal Crime Victims Fund be eliminated and that the entire amount deposited into the fund be distributed annually.  Adopted:  50-0.