Monday, December 12, 2005

Senate Bill 811 (Thompson) would amend the County Pension Law to extend the enhanced benefits authorized by Act 43 of 2003 until December 31, 2006.  Act 43 permitted county pension boards covered by the County Pension Law to provide a one-year window for county pension boards to establish additional membership class options.  County retirement boards were permitted to apply the higher membership classes to all prior credited service with the county.  An additional change would also permit county retirement boards to authorize retroactive application of enhanced benefits for certain active members of a county retirement plan who were members of a plan between December 31, 1971 and January 1, 1997 and transferred from one class of membership to another.  Passed:  50-0. 

Executive Session 

Nominations to Various Boards and Commissions. Confirmed:  50-0. 

Tuesday, December 13, 2005 

Senate Bill 157 (Armstrong) would amend the Local Tax Enabling Act to change the name of the emergency and municipal services tax to the local services tax and make changes to the tax.  Among other provisions, the bill would:

• Provide for an exemption from the tax for persons with total incomes of less than $12,000; 
• Limit the maximum tax that a person is required to pay to $52 regardless of the number of taxing jurisdictions in which the person is employed; 
• Clarify that only one municipality could levy and collect the tax on an individual; 
• Authorize a school district that currently levies an emergency and municipal services tax to continue to levy a local services tax in the same manner; 
• Provide that where a municipality and a school district levy the tax, the school district could only collect a $5 tax which would be paid to the school district from the funds levied and collected by the municipality;  
• Prohibit school districts that do not collect a local services tax on the effective date of the subsection from levying one; 
• Clarify that an employer would not be held liable for failure to withhold the local services tax or for the payment of the withheld tax to a political subdivision if the failure to do so arises from incorrect information submitted by the employee;
• Require a municipality to use no less than 25 percent of local services tax proceeds for police, fire and emergency services; and  
• Provide that the new provisions concerning the collection of the tax and the requirement that 25 percent of its proceeds be used for emergency services would not apply to municipalities that levied an occupational privilege tax on November 30, 2004.

Concurrence in House Amendments, as Amended:  46-4. 

Senate Bill 656 (Gordner) would create the Residential Construction Dispute Resolution Act to establish a procedure for resolving conflicts between homeowners and contractors which must be pursued prior to a homeowner initiating a civil lawsuit or other action.  The measure would require claimants to provide service of written notice of a claim for a construction defect to the contractor at least 75 days before initiating an action against a contractor.  Claimants would be required to provide the contractor with any evidence known to the claimant or in the claimant's possession that depicts the nature and cause of the construction defect.  If a claimant fails to provide evidence, he or she would not be permitted to introduce it in any action. 

A contractor would have to respond within 15 days of being served.  A contractor could offer to settle the claim by monetary payment or by making repairs, or both; inspect the dwelling at the contractor's expense within 15 days; or, reject the claim.  Within 15 days of an inspection or testing, the contractor would be required to serve a written response on the claimant.  A claimant would be required to accept or reject a contractor's offer within 30 days.  A rejection of a contractor's offer would have to be in writing.  A claimant could bring an action if the contractor rejects the claim, does not provide a timely response or does not provide relief within the timelines specified in the offer.  The act would establish an accelerated process for construction defects where the physical safety of the dwelling's occupants is in jeopardy.  Contractors would be required to provide the owner or buyer of a dwelling with notice regarding the construction dispute process.  The act would not apply to any claim for personal injury or death.  Passed:  48-2. 

Senate Bill 712 (Wonderling) would create the Breach of Personal Information Notification Act.  The measure would require an entity that maintains, stores, or manages computerized data that includes personal information to provide notice of any breach of a security system to any resident of the Commonwealth whose unencrypted and unredacted personal information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person.  The disclosure would have to be made without unreasonable delay.  The notification required under the bill could be delayed if a law enforcement agency determines and advises the entity in writing that notification would impede a criminal or civil investigation.  The notification would be made after the law enforcement agency determines that it would not compromise the investigation or national or homeland security.  A vendor that maintains, stores, or manages computerized data on behalf of another entity would be required to provide notice of any breach of security to that entity, which would be responsible for making the determinations and discharging any remaining duties under the act.

When an entity provides notification under the act to more than 1,000 persons at one time, it would also have to notify, without reasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis of the timing, distribution and number of notices.  An entity that maintains its own notification procedures that are consistent with the notice requirements of the act would be deemed to be in compliance if it notifies affected individuals in accordance with its own policies.  A financial institution that complies with the notification requirements under the Federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice would be deemed to be in compliance with the act.  In addition, an entity that complies with notification requirements established by its primary or functional federal regulator would also be considered in compliance.  A violation of the act would be deemed to be an unfair or deceptive act under the Unfair Trade and Practices and Consumer Protection Law.  The Office of Attorney General would have exclusive authority to bring an action for a violation of the act.  The act would apply to the discovery or notification of a breach in security of personal information data that occurs on or after its effective date.  Concurrence in House Amendments:  50-0. 

Senate Bill 770 (C. Williams) would amend the Electronic Transactions Act to add a section providing for electronic postmarks.  Under the bill, upon an agreement between an agency or entity and any other agency or entity, communication postmarked by a United States Postal Service Electronic Postmark or "USPS EPM" would have the same force of law as the United States Post Office Certified Mail-Return Receipt Requested.  Any governmental agency or entity could devise policies and procedures for the use of USPS EPM in respect to its agency and operations.  The section would not authorize the use of an electronic postmark for the service of original process of a summons, complaint or other papers for the purpose of obtaining jurisdiction over a defendant in a lawsuit.  The bill would provide a definition of "United States Postal Service Electronic Postmark" or "USPS EMP."  Passed:  50-0. 

House Bill 163 (Adolph) would amend Section 404 of the Unemployment Compensation Law which provides for the rate and amount of compensation.  The bill would clarify that no deductions could be made for pensions paid under the Social Security Act or the Railroad Retirement Act of 1974 if the pension is contributed to by the individual in any amount.  Passed:  50-0. 

House Bill 603 (B. Smith) would amend the State Employees Retirement Code to expand the definition of "enforcement officer" to include Game Commission officers and other commissioned law enforcement personnel employed by the Pennsylvania Game Commission who have and exercise the same law enforcement powers as Game Commission officers.  The change would provide the Game Commission officers with age 50 retirement benefits.  Deputy Game Commission officers would be specifically excluded from the change.  Passed:  45-5. 

House Bill 1686 (Stairs) would amend the Crimes Code to provide that an individual may not carry a paintball gun or paintball marker in a vehicle on a highway unless all of the conditions listed in the bill are met.  This prohibition would not apply to a commercial paintball field, range or course where passengers are being transported by the operator to and from designated play areas.  An additional change would make it unlawful for an individual to discharge or fire a paintball gun or paintball marker at a person who is not a participant in paintball games or paintball-related recreational activities.  The bill would also make a person guilty of criminal mischief if he or she intentionally defaces personal, private or public property by discharging a paintball gun or paintball marker at that property.  Finally, the bill would remove paintball guns and markers from the definition of "air rifle."  Passed:  50-0. 

House Bill 1690 (B. Smith) would amend Title 34 (Game) to provide an exception for the use of bait in the trapping and hunting of coyotes.  The exception would permit the use of any natural or manmade nonliving bait, any electronic or mechanical device, or any decoy used in the trapping or hunting of coyote.  The bill would also provide a hunting license exemption for individuals participating in the mentored youth hunting program sponsored by the Game Commission.  Passed:  50-0. 

Executive Session

Dwayne D. Woodruff – Judge, County of Common Pleas, Allegheny County.  Confirmed:  50-0. 

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

Wednesday, December 14, 2005 

Senate Bill 398 (Costa) would amend Title 51 (Military Affairs) to expand the voluntary group life insurance program for members of the National Guard.  The bill would increase the maximum coverage under the program from $100,000 to $400,000 per individual guard member and from $25,000 to $100,000 per insured spouse or dependent.  The bill would also add a subsection to establish a new group life insurance program for eligible members of the National Guard.  Eligible members would be defined as guard members ordered to active federal service for a period of 30 or more consecutive days while preparing to deploy; while deployed; and while demobilizing from deployment to areas or operations designated by the Secretary of Defense as combat zones.  Guard members ordered to active state duty for emergencies for a period of 30 or more consecutive days would also be eligible. 

Under the new program, the Commonwealth would be required to pay premiums not otherwise paid by the federal government so that eligible members have life insurance coverage equal to the maximum coverage available under the federal servicemembers' group life insurance (SLGI).  The premium payments could take the form of the purchase of coverage under the existing voluntary program or payment or reimbursement of the difference in premiums to eligible guard members.  For guard members who were killed in the line of duty between September 11, 2001 and the effective date of the act, the Commonwealth would pay the member's beneficiary an amount equal to the greater of the premiums paid for SGLI coverage for the period the member was deployed or, if the member did not elect maximum coverage, the difference between the maximum coverage in effect at the time of the eligible member was killed and the amount of coverage elected by the member.  The Department of Military and Veterans Affairs would be required to promulgate regulations for the administration of the new program.  Passed:  50-0.

Senate Bill 437 (Orie) would amend the Enforcement Officer Disability Benefits Law to include correction employees employed by the Department of Corrections whose principal duty is the care, custody and control of inmates under the act.  Currently, only correction "officers" are covered under the act.  Passed:  50-0. 

Senate Bill 869 (D. White) would amend Title 51 (Military Affairs) to provide for the extension of insurance benefits for military personnel who are full-time students at the time of deployment and insurance is provided through a parent's health insurance policy.  In order to be eligible for the extended benefits, a student would have to be a National Guard member or reservist who is called to active duty or active state duty for a period of 30 consecutive days or more.  The eligibility would be extended for a period equal to the duration of the eligible student's service on active duty or until he or she is no longer a student.  In order to qualify for the extension, an eligible individual would have to provide certain notifications to the insurer, including that he or she has re-enrolled as a full-time student for the first term or semester starting 60 or more days after release from active duty.  Concurrence in House Amendments:  50-0. 

Senate Resolution 210 (Corman) congratulates the Pennsylvania Department of Health on the occasion of the 100th anniversary of its founding and recognizes the Department of Health's centennial celebration from April 27, 2005 through April 27, 2006.  Adopted by Voice Vote. 

Senate Resolution 211 (Logan) declares support for a high-speed maglev industry in the Commonwealth of Pennsylvania.  Adopted by Voice Vote. 

House Bill 1318 (Prime Sponsor Withdrew) would amend the Pennsylvania Election Code to make a number of changes.  Among other provisions, the bill would: 

• Require each voter, at every election, to present one of the forms of photo identification or non-photo identification listed in the bill;  
• Require the Department of Transportation to issue a non-driver ID, at no charge, to any voter who states that he or she is unable to obtain another form of photo identification, that he or she is unable to pay the required fee for the identification card and that he or she is a registered elector; 
• Prohibit the location of a polling place in any room where liquor or malt or brewed beverages are dispensed.  In the event a polling place is located in a building where liquor or malt or brewed beverages are served, the polling place must be accessible from an outside entrance that does not require passageway through the room where beverages are dispensed; 
• Prohibit the location of a polling place in a private residence, unless the county board certifies that no public building is available.  Also, no polling place could be located in an abandoned building, a vacant lot, a political party headquarters, an office or private residence of an elected official, or the private residence or office of a candidate for political office; 
• Require the county board of elections to post, 20 days before an election, a list of all polling places in the county and to allow inspection of the list;
• Extend the deadline for county receipt of absentee ballots cast by overseas military electors and their families.
• Specify that any person who knowingly assists another person, who is not a qualified absentee voter, in filling out an absentee ballot or an absentee ballot application commits a misdemeanor of the third degree; 
• Require a statement of voters' rights to be posted at polling places on election day stating that each voter has the right to cast his or her vote without use of threat of force, violence, threat of infliction of injury, or coercion; and, 
• Require counties to hold any absentee ballot application they receive prior to 50 days before an election and to process the application upon commencement of the 50 day period.  Passed:  29-21.

House Bill 2041 (Nickol) would amend the Medial Care Availability and Reduction of Error (MCARE) Act to make a number of changes.  The bill would: 

• Clarify that the Patient Safety Authority is an independent agency with the power to employ staff, including an executive director, legal counsel, and consultants.  The Patient Safety Authority would also be designated as the sole public entity eligible to be certified as a patient safety organization as defined in the Federal Public Health Service Act. 
• Repeal and re-establish the Health Care Provider Retention Account and the Health Care Provider Retention Program in the MCARE Act by adding a new Chapter 11.  All activities initiated under the former provisions would remain in effect and would be completed under Chapter 11.  Chapter 11 would extend the assessment abatement program to calendar year 2006 and would provide that the Health Care Provider Retention Program would expire on December 31, 2007. 
• Make programmatic changes to the assessment abatement and Health Care Provider Retention Program including: 
• Level III trauma centers would be added to the definition of "Trauma Center."  This change would provide a 100 percent abatement for emergency room physicians practicing in Level III trauma centers.
• Hospitals would be able to submit electronic applications for their providers and be responsible for assessment payment.  A hospital submitting an application on behalf of a health care provider would be responsible for ensuring compliance with the certificate of retention provisions and would be responsible for indemnifying the Health Care Provider Retention Account for each health care provider who fails to continue to provide medical services in Pennsylvania.
• Nursing homes would be included in the definition of health care providers and would be entitled to a 50 percent abatement.
• The Insurance Department would report, to the appropriate licensure board, any healthcare provider who ceases practice during the retention period and fails to reimburse the Commonwealth for abatement payments received.  Licensure boards would be required to take appropriate disciplinary action. 
• Add a new section to the MCARE Act that would establish the Commission on the MCARE Fund for the purpose of addressing unfunded liability needs.  The commission must submit a study of future scope and obligations to the Governor and General Assembly by November 15, 2006.  Passed:  50-0. 

Thursday, December 15, 2005 

Regular Session 

Senate Bill 895 (Tomlinson) would amend the Crimes Code to add animals used by the Capitol Police and police departments created by a metropolitan transportation authority under 74 Pa.C.S. Chapter 17 and the Second Class County Port Authority Act to the list of animals protected as police animals.  Concurrence in House Amendments:  50-0. 

House Bill 111 (Mustio) would amend the Liquor Code to make a number of changes.  Among other provisions, the bill would: 

•  Change the definition of "eligible entity" to include a non-profit entity whose purpose is to raise funds for the research and treatment of cystic fibrosis; a non-profit economic development agency in Pittsburgh with the primary function of attracting film and media projects to southwestern Pennsylvania; and, a junior league in a third class city that has been in existence for over 70 years and promotes the volunteerism of women and developing and participating in community projects; 
• Amend various sections providing for liquor licenses and service areas to clarify that the Board has the discretion to grant or deny licenses for the extension of premises or secondary services areas; 
• Extend the provisions permitting licenses to be kept in safekeeping from February 1, 2006 to February 1, 2007; 
• Clarify that coupons can be used at beer distributors; 
• Further provide for Sunday hours of operation and activities for manufacturers, importing distributors and distributors of malt and brewed beverages; 
• Permit liquor licensees or retail dispensers to allow students receiving instruction in a performing art to perform an exhibition in observance of ethnic heritage if the students are not compensated and are under proper supervision.  Written notification of the performance would have to be provided to the Enforcement Bureau prior to the performance; and,
• Clarify the provisions prohibiting the sale or purchase of a controlled substance or drug paraphernalia on the premises of a licensee.  Concurrence in House Amendments to Senate Amendments:  46-4. 

House Bill 477 (Browne) would amend the Judicial Code to create a civil action for victims and their families to recover damages from the assets of terrorists, terrorist organizations, or persons supporting or aiding terrorists or terrorist organizations.  The civil action would permit victims to recover general and special damages; punitive damages; reasonable attorneys' fees and costs; and, any other relief the court deems necessary and proper.  Passed:  50-0. 

House Bill 894 (Saylor) would amend the Public School Code to allow the teaching certificate of a retired professional educator to remain active during retirement without meeting continuing education requirements as long as the educator does not return to school service for more than 180 days.  If the annuitant exceeds the 180 day limit, he or she would have to fulfill the requirements.  School districts would also be required to report to the Department the hiring of retired professional educators.  This bill also directs the Department of Education to provide a minimum of 40 hours of online continuing education annually to any Pennsylvania professional educator, not just those employed by school entities.  Passed:  50-0. 

House Bill 1826 (T. Stevenson) would amend Title 68 (Real and Personal Property) to permit a purchaser to obtain and maintain a corporate surety bond or an irrevocable letter of credit in lieu of an escrow deposit made in connection with the purchase or reservation of a planned community unit.  The surety bond or letter of credit, which must be a blanket bond or letter with a minimum amount of $1 million made payable to the Commonwealth and deposited with the Attorney General, must be maintained until all deposits received by the declarant have been deposited in escrow or are properly credited or refunded to the purchaser.  Currently, Pennsylvania law requires declarants to place the entire deposit amount in escrow. 

Passed:  50-0.

Special Session 

Special Session Senate Bill 30 (Erickson) would create the Taxpayer Relief Act.  Among other provisions, the measure would: 

•  Increase the income eligibility requirements for the Property Tax and Rent Rebate program from $15,000 to $25,000; 
• Require each school district (except Philadelphia, Pittsburgh and Scranton) to propose a referendum question at the 2006 primary election asking the voters to authorize an increase in the earned income tax (EIT) and the net profits tax in order to provide property tax reductions through the homestead and farmstead exclusion; 
• Require that the referendum propose increasing the taxes to provide a property tax reduction of at least 35 percent of the maximum homestead and farmstead exclusion.  However, no school district would be required to propose an EIT or net profits tax greater than one percent;
• Require all school districts, except Philadelphia, to comply with backend referendum provisions which require voter approval, with certain exceptions, for any proposed tax rate increase that exceeds an annual inflationary percentage increase; 
• Beginning in 2007, allow all school districts except Philadelphia to propose a referendum to increase the EIT or convert the EIT to a personal income tax in order to provide property tax relief through the homestead and farmstead exclusion; 
• Repeal Act 72 of 2004 and prohibit the school districts that opted into the Act 72 provisions from levying the 0.1 percent EIT that was required for participation under that act; 
• Allow school districts to adopt a resolution opting out of accepting gaming revenues for property tax reductions.  However, voters would have the ability to reverse a school district's decision by approving a referendum question at the next general or municipal election; and, 
• Use the Act 72 formula for distribution of gaming revenues for property tax reduction payments and establish the amount of gaming revenues required for an initial property tax reduction payment at $400 million.  Passed:  48-2. 

Special Session Senate Resolution 3 (Logan) directs the Legislative Budget and Finance Committee (LB&FC), in consultation and cooperation with the Local Government Commission, to determine the number of homesteads in the Commonwealth; the amount of revenue needed to eliminate all local property taxes for all homesteads in the Commonwealth; and, the amount of revenue generated by each 0.1 percent increase in the rate of the Personal Income Tax and each one percent increase in the rate of the Sales and Use Tax.  The LB&FC must report its findings to the Senate within 60 days.  Adopted by Voice Vote. 

Executive Session 

Arthur E. Manuel – State Harness Racing Commission.  Confirmed:  50-0.