Monday, February 2, 2004 

Senate Bill 279 (Robbins) would amend the Vehicle Code to make a number of changes.  The measure would provide for a new veterans' license plate for motorcyclists.  The individual applying for the plate would have to be an honorably discharged veteran and pay an additional fee of $20. 

In addition, the bill would amend existing provisions relating to the automated red light enforcement system in Philadelphia to extend the expiration of the provisions until December 31, 2007.  Language would also be added to allow the system administrator to deduct the operation and maintenance costs of the system before remitting the fines to the Pennsylvania Department of Transportation.  The Department would have to use these funds to develop a transportation enhancements grant program.  An additional change would make it a summary offense to obscure the license plate of a vehicle in any manner which inhibits the proper operation of an automated red light enforcement system. 

The measure would also add a new subsection outlining the powers of the Philadelphia Parking Authority to administer and enforce ordinances and resolutions adopted by the City in accordance with the police powers set forth in Section 6109 (a) (1).  The bill would further require anyone convicted of a violation of the Vehicle Code in Philadelphia to pay a $10 surcharge, which would be remitted to the appropriate towing and storage agent (the Philadelphia Parking Authority or its authorized agent).  Beginning in 2004, the Parking Authority would be required to transfer annually a portion of the fines, penalties, and costs collected under the subsection giving it enforcement powers over parking related violations to the Philadelphia School District.  The board of the Parking Authority would determine the amount available to be transferred.  Concurrence in House Amendments:  29-21. 

House Bill 1733 (D. Evans) would repeal the provisions relating to the Philadelphia Convention Center that were added to Chapter 59 in Title 53 (Municipalities) by Act 230 of 2002.  The Pennsylvania Supreme Court overturned Act 230 because it violated the Pennsylvania Constitution by addressing multiple subjects.  House Bill 1733 also would add a new Chapter 60 to Title 46 (Public Authorities and Quasi-Public Corporations) to re-codify the Convention Center provisions, clarify provisions of existing law, modernize the financial and bond management powers of the Convention Center Authority, change the composition of the governing Board, and provide for the transition to the new Board. 

Under the legislation, the Authority established previously in Title 53 would be deemed to be the Authority created in Chapter 60 by House Bill 1733 and would continue the rights and responsibilities of the Authority as established previously. 

Current members of the Convention Center Authority Board would serve out their current terms unless they resign or are replaced within 45 days of the effective date of the act, although the Board Chairman could be removed from office by a majority vote until December 31, 2005.  The Convention Center Authority Board would be expanded from 13 to 15 members and would include:  one member from each of the four surrounding suburban counties appointed by the respective county council or board of commissioners; four members appointed by the presiding members of each caucus in the General Assembly; one member appointed by the Mayor of Philadelphia; one hospitality industry member appointed by the Mayor; one member, who must be the council member whose district includes the Convention Center, appointed by the President of City Council; one member appointed by the Minority Leader of City Council; two members of the hospitality industry from opposite political parties appointed by the Governor and confirmed by the Senate, with one from Philadelphia and one from the suburban counties; and, one member, to be the Chairman, appointed by a vote of at least eight of the other Authority Board members.  The legislative appointees and the board chairman would have two year terms; the other members would be appointed to four year terms.  Both the Secretary of the Budget and the chief financial officer of the City would be non-voting ex-officio members.   

Capital and operating budgets of the Authority would have to be submitted to the Authority Board at least ninety days before the start of the fiscal year and adopted by the Authority at least 30 days before the end of the fiscal year.  Capital budgets would be prepared with the assistance of the Secretary of the Budget, and the Secretary, as well as the chief financial officer of the City, would approve all line items, amendments, etc.   

House Bill 1733 requires that before any Commonwealth funds are released for the expansion of the Convention Center, the Authority must have completed an independent managerial audit within 12 months prior to the effective date of the legislation, established a Code of Conduct and a system to enforce this code, and established both a dispute resolution mechanism and a complaint resolution process for convention center customers.   

The legislation would continue the existing Philadelphia hotel tax, with a maximum six percent rate, as long as the hotel tax rate and the hotel levy imposed under the Tax Reform Code do not exceed an aggregate 12 percent, in which case the hotel tax rate would have to be reduced so that the 12 percent limit is not exceeded.  House Bill 1733 would continue the same distribution and allowable uses of the hotel tax by the Convention Center and tourist promotion agencies.  The legislation would establish a Pennsylvania Convention Center Assistance Fund within the State Treasury, however no tax or revenue sources are dedicated to the Fund.  Passed:  50-0. 

Executive Session 

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

Tuesday, February 3, 2004 

Senate Bill 748 (Rhoads) would amend the Library Code to provide for a Fiscal Year 2003-2004 waiver of standards for library aid and temporary emergency aid to local libraries.  The bill would permit local libraries or library systems to request from the State Librarian a waiver of standards on hours of operation, staff professional development, collections expenditures, or other appropriate standards.  Under these provisions, the board of directors of a local library could adopt a resolution to apply for a waiver if meeting any of the standards would place an economic hardship on the library's operating budget.  The application would have to specify the need for the waiver and provide supporting date and information to explain the benefits to be obtained by the waiver.  The State Librarian would have 30 days to act on the application.  If the State Librarian fails to act within 30 days, the application would be deemed approved.  If the application is disapproved, the basis for the disapproval would have to be transmitted to the library's board of directors.  The board would have the ability to submit a revised application.  Finally, the bill outlines the calculation for determining the amount of temporary emergency aid for local libraries.  Concurrence in House Amendments:  50-0. 

Executive Session 

Brigadier General Jessica L. Wright – Adjutant General of Pennsylvania.  Confirmed:  50-0. 

Wednesday, February 4, 2003 

Senate Bill 1012 (Gordner) would create the Water and Wastewater Treatment Project Bond Act.  The measure would provide for the placement of a referendum question before the electorate at the 2004 primary election on the issue of incurring indebtedness of $250 million for water and wastewater projects.  The funds would be used for grants and loans for the acquisition, repair, construction, rehabilitation, etc., of water and wastewater infrastructure as hereafter provided by law.  The measure would waive any time limits for advertising notice related to the question.  Passed:  50-0. 

Senate Resolution 98 (Musto) is a concurrent resolution urging Congress to increase the annual federal capitalization grant to the Clean Water State Revolving Loan Fund to better address the tremendous needs across the United States and the Commonwealth of Pennsylvania.  The resolution also urges Congress to expand eligibility to the Fund so the customers of investor-owned utilities can share in its benefits.  Motion to Concur in House Amendments, as Amended, Adopted by Voice Vote. 

Senate Resolution 196 (Piccola) designates the week of February 9 through 15, 2004 as "Career and Technical Education Week" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 197 (Piccola) recognizes February 6, 2004 as "Ronald Reagan Day" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 198 (C. Williams) designates the week of February 8 through 14, 2004 as "National Child Passenger Safety Week" in Pennsylvania.  Adopted by Voice Vote.